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| author | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:55:12 -0700 |
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| committer | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:55:12 -0700 |
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diff --git a/old/19212-h.htm.2021-01-25 b/old/19212-h.htm.2021-01-25 new file mode 100644 index 0000000..b9537d1 --- /dev/null +++ b/old/19212-h.htm.2021-01-25 @@ -0,0 +1,24403 @@ +<?xml version="1.0" encoding="utf-8"?> + +<!DOCTYPE html + PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd" > + +<html xmlns="http://www.w3.org/1999/xhtml" lang="en"> + <head> + <title> + The History of England, Vol. Ib. by DAVID HUME + </title> + <style type="text/css"> + <!-- + body { margin:5%; background:#faebd0; text-align:justify} + P { text-indent: 1em; margin-top: .25em; margin-bottom: .25em; } + H1,H2,H3,H4,H5,H6 { text-align: center; margin-left: 15%; margin-right: 15%; } + hr { width: 50%; text-align: center;} + .foot { margin-left: 20%; margin-right: 20%; text-align: justify; text-indent: -3em; font-size: 90%; } + blockquote {font-size: 97%; font-style: italic; margin-left: 10%; margin-right: 10%;} + .mynote {background-color: #DDE; color: #000; padding: .5em; margin-left: 10%; margin-right: 10%; font-family: sans-serif; font-size: 95%;} + .toc { margin-left: 10%; margin-bottom: .75em;} + .toc2 { margin-left: 20%;} + .indent5 { margin-left: 5%;} + .indent10 { margin-left: 10%;} + .indent15 { margin-left: 15%;} + .indent20 { margin-left: 20%;} + .indent30 { margin-left: 30%;} + div.fig { display:block; margin:0 auto; text-align:center; } + div.middle { margin-left: 20%; margin-right: 20%; text-align: justify; } + .figleft {float: left; margin-left: 0%; margin-right: 1%;} + .figright {float: right; margin-right: 0%; margin-left: 1%;} + .pagenum {display:inline; font-size: 100%; font-style:normal; + margin: 0; padding: 0; position: absolute; right: 1%; + text-align: right;} + .side { float: left; font-size: 75%; width: 25%; padding-left: 0.8em; + border-left: dashed thin; text-align: left; + text-indent: 0; font-weight: bold; font-style: italic; + font-weight: bold; color: black; background: #eeeeee; border: solid 1px;} + p.pfirst, p.noindent {text-indent: 0} + span.dropcap { float: left; margin: 0 0.1em 0 0; line-height: 1 } + pre { font-style: italic; font-size: 90%; margin-left: 10%;} + --> +</style> + </head> + <body> +<pre xml:space="preserve"> + +The Project Gutenberg EBook of The History of England in Three Volumes, +Vol.I., Part B., by David Hume + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The History of England in Three Volumes, Vol.I., Part B. + From Henry III. to Richard III. + +Author: David Hume + +Release Date: September 8, 2006 [EBook #19212] +Last Updated: September 1, 2016 + +Language: English + +Character set encoding: UTF-8 + +*** START OF THIS PROJECT GUTENBERG EBOOK HISTORY OF ENGLAND *** + + + + +Produced by David Widger and the Online Distributed +Proofreading Team at http://www.pgdp.net + + + + + + +</pre> + + <p> + <br /> + </p> + +<p> + <br /> + </p> +<hr /> + <p> + <br /> <br /> + </p> + <div class="fig" style="width:60%;"> + <img alt="spines (154K)" src="images/spines.jpg" style="width:100%;" /><br /> + </div> + <p> + <br /> <br /> <br /> <br /> + </p> + <div class="fig" style="width:60%;"> + <img alt="cover (124K)" src="images/cover.jpg" style="width:100%;" /><br /> + </div> + <p> + <br /> <br /> <br /> <br /> + </p> + <div class="fig" style="width:60%;"> + <img alt="cover_egraving_th (140K)" src="images/cover_egraving_th.jpg" style="width:100%;" + /><br /> + </div> + <p> + <br /> <br /> + </p> + <h1> + THE HISTORY OF ENGLAND + </h1> + <h3> + Volume One of Three + </h3> + <h2> + FROM THE INVASION OF JULIUS CÆSAR <br /> <br /> TO THE END OF THE REIGN OF + JAMES THE SECOND, + </h2> + <h1> + BY DAVID HUME, ESQ. + </h1> + <h2> + 1688 + </h2> + <p> + <br /> <br /> + </p> + <h4> + London: James S. Virtue, City Road and Ivy Lane<br /> New York: 26 John + Street<br /> 1860<br /> <br /> And<br /> <br /> Philadelphia:<br /> J. B. + Lippincott & Co.<br /> March 17, 1901 + </h4> + <p> + <br /> <br /> + </p> + <h2> + In Three Volumes: + </h2> + <table summary=""> + <tr> + <td> + <p> + <b>VOLUME ONE: The History Of England From The Invasion Of Julius + Cæsar To <br /> The End Of The Reign Of James The Second............ + By David Hume, Esq. <br /> <br /> VOLUME TWO: Continued from the Reign + of William and Mary to the Death of <br /> George + II........................................... by Tobias Smollett. + <br /> <br /> VOLUME THREE: From the Accession of George III. to the + Twenty-Third Year <br /> of the Reign of Queen + Victoria............... by E. Farr and E.H. Nolan.</b> + </p> + </td> + </tr> + </table> + <p> + <br /> <br /> + </p> + <h1> + VOLUME ONE + </h1> + <h2> + Part B. <br /> <br /> <i>From Henry III. to Richard III.</i> + </h2> + <p> + <br /> <br /> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_frontis_hume.jpg" style="width:100%;" title="PORTRAIT OF DAVID HUME" + alt="Frontispiece.jpg Portrait of Hume. " /><br /> + </div> + <div class="fig" style="width:60%;"> + <img src="images/titlepage12.jpg" style="width:100%;" + alt="Titlepage.jpg Boadicea Haranguing the Britons " /><br /> + </div> + <div class="fig" style="width:60%;"> + <img alt="titlepage_v1 (125K)" src="images/titlepage_v1.jpg" style="width:100%;" /><br /> + </div> + <p> + <br /> <br /> <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> + </p> + <blockquote> + <p class="toc"> + <big><b>CONTENTS</b></big> + </p> + <p> + <br /> + </p> + <p> + <a href="#link2HCH0001"> CHAPTER XII. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0002"> HENRY III. </a> + </p> + <p> + <a href="#link2HCH0002"> CHAPTER XIII. </a> + </p> + <p class="toc"> + <a href="#linkedward1"> EDWARD I. </a> + </p> + <p> + <a href="#link2HCH0003"> CHAPTER XIV. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0006"> EDWARD II. </a> + </p> + <p> + <a href="#link2HCH0004"> CHAPTER XV. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0008"> EDWARD III. </a> + </p> + <p> + <a href="#link2HCH0005"> CHAPTER XVI. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0010"> EDWARD III. </a> + </p> + <p> + <a href="#link2HCH0006"> CHAPTER XVII. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0012"> RICHARD II. </a> + </p> + <p> + <a href="#link2HCH0007"> CHAPTER XVIII. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0014"> HENRY IV </a> + </p> + <p> + <a href="#link2HCH0008"> CHAPTER XIX. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0016"> HENRY V. </a> + </p> + <p> + <a href="#link2HCH0009"> CHAPTER XX. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0018"> HENRY VI. </a> + </p> + <p> + <a href="#linkchapter21"> CHAPTER XXI. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0019"> HENRY VI. </a> + </p> + <p> + <a href="#link2HCH0010"> CHAPTER XXII. </a> + </p> + <p class="toc"> + <a href="#linkedward4"> EDWARD IV. </a> + </p> + <p> + <a href="#link2HCH0011"> CHAPTER XXIII. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0022"> EDWARD V. AND RICHARD III. </a> + </p> + <p> + <a href="#link2HCH0012"> CHAPTER XXIII. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0024"> RICHARD III. </a> + </p> + <p> + <a href="#link2H_NOTE"> NOTES. </a> + </p> + <p> + <br /> <br /> <br /> <br /> + </p> + <p class="toc"> + <big><b>ILLUSTRATIONS</b></big> + </p> + <p> + <br /> + </p> + <p> + <a href="#linkimage-0001"> Henry III. </a> + </p> + <p> + <a href="#linkimage-0002"> Edward I. </a> + </p> + <p> + <a href="#linkimage-0003"> Carnarvon Castle </a> + </p> + <p> + <a href="#linkimage-0004"> Edward II. </a> + </p> + <p> + <a href="#linkimage-0005"> Edward III. </a> + </p> + <p> + <a href="#linkimage-0006"> Surrender of Calais </a> + </p> + <p> + <a href="#linkimage-0007"> Richard II. </a> + </p> + <p> + <a href="#linkimage-0008"> Wat Tyler </a> + </p> + <p> + <a href="#linkimage-0009"> Richard II. Entry Into London </a> + </p> + <p> + <a href="#linkimage-0010"> Henry IV. </a> + </p> + <p> + <a href="#linkimage-0011"> Henry V. </a> + </p> + <p> + <a href="#linkimage-0012"> Henry VI. </a> + </p> + <p> + <a href="#linkimage-0013"> Joan D’Arc </a> + </p> + <p> + <a href="#linkimage-0014"> St. Albans Abbey </a> + </p> + <p> + <a href="#linkimage-0015"> Edward IV. </a> + </p> + <p> + <a href="#linkimage-0016"> Edward V. </a> + </p> + <p> + <a href="#linkimage-0017"> Richard III. </a> + </p> + </blockquote> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="link2HCH0001" id="link2HCH0001"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XII. + </h2> + <p> + <a name="linkimage-0001" id="linkimage-0001"> + <!-- IMG --></a> <a href="images/1_155_henry3.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_155_henry3_th.jpg" style="width:100%;" title="Henry III." + alt="1_155_henry3.jpg Henry III. " /><br /> + </div> + <p> + <a name="link2H_4_0002" id="link2H_4_0002"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + HENRY III. + </h2> + <p class="side"> + 1216. + </p> + <p> + Most sciences, in proportion as they increase and improve, invent methods + by which they facilitate their reasonings, and, employing general + theorems, are enabled to comprehend, in a few propositions, a great number + of inferences and conclusions. History, also, being a collection of facts + which are multiplying without end, is obliged to adopt such arts of + abridgment, to retain the more material events, and to drop all the minute + circumstances, which are only interesting during the time, or to the + persons engaged in the transactions. This truth is nowhere more evident + than with regard to the reign upon which we are going to enter. What + mortal could have the patience to write or read a long detail of such + frivolous events as those with which it is filled, or attend to a tedious + narrative which would follow, through a series of fifty-six years, the + caprices and weaknesses of so mean a prince as Henry? The chief reason why + Protestant writers have been so anxious to spread out the incidents of + this reign, is in order to expose the rapacity, ambition, and artifices of + the court of Rome, and to prove, that the great dignitaries of the + Catholic church, while they pretended to have nothing in view but the + salvation of souls, had bent all their attention to the acquisition of + riches, and were restrained by no sense of justice or of honor in the + pursuit of that great object.[*] But this conclusion would readily be + allowed them, though it were not illustrated by such a detail of + uninteresting incidents; and follows indeed, by an evident necessity, from + the very situation in which that church was placed with regard to the rest + of Europe. For, besides that ecclesiastical power, as it can always cover + its operations under a cloak of sanctity, and attacks men on the side + where they dare not employ their reason, lies less under control than + civil government; besides this general cause, I say, the pope and his + courtiers were foreigners to most of the churches which they governed; + they could not possibly have any other object than to pillage the + provinces for present gain; and as they lived at a distance, they would be + little awed by shame or remorse in employing every lucrative expedient + which was suggested to them. England being one of the most remote + provinces attached to the Romish hierarchy, as well as the most prone to + superstition, felt severely, during this reign, while its patience was not + yet fully exhausted, the influence of these causes, and we shall often + have occasion to touch cursorily upon such incidents. But we shall not + attempt to comprehend every transaction transmitted to us: and till the + end of the reign, when the events become more memorable, we shall not + always observe an exact chronological order in our narration. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 623. +</pre> + <p> + The earl of Pembroke, who at the time of John’s death, was mareschal of + England, was, by his office, at the head of the armies, and consequently, + during a state of civil wars and convulsions, at the head of the + government; and it happened, fortunately for the young monarch and for the + nation, that the power could not have been intrusted into more able and + more faithful hands. This nobleman, who had maintained his loyalty + unshaken to John during the lowest fortune of that monarch, determined to + support the authority of the infant prince; nor was he dismayed at the + number and violence of his enemies. Sensible that Henry, agreeably to the + prejudices of the times, would not be deemed a sovereign till crowned and + anointed by a churchman, he immediately carried the young prince to + Glocester, where the ceremony of coronation was performed, in the presence + of Gualo, the legate, and of a few noblemen, by the bishops of Winchester + and Bath.[*] As the concurrence of the papal authority was requisite to + support the tottering throne, Henry was obliged to swear fealty to the + pope, and renew that homage to which his father had already subjected the + kingdom:[**] and in order to enlarge the authority of Pembroke, and to + give him a more regular and legal title to it, a general council of the + barons was soon after summoned at Bristol, where that nobleman was chosen + protector of the realm. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 290. Hist Croyl. Cont. p. 474. W. Heming. p. + 562. Privet, p. 168. + + ** M. Paris, p. 200. +</pre> + <p> + Pembroke, that he might reconcile all men to the government of his pupil, + made him grant a new charter of liberties, which, though mostly copied + from the former concessions extorted from John, contains some alterations + which may be deemed remarkable.[*] The full privilege of elections in the + clergy, granted by the late king, was not confirmed, nor the liberty of + going out of the kingdom without the royal consent: whence we may + conclude, that Pembroke and the barons, jealous of the ecclesiastical + power, both were desirous of renewing the king’s claim to issue a congé + d’élire to the monks and chapters, and thought it requisite to put some + check to the frequent appeals to Rome. But what may chiefly surprise us + is, that the obligation to which John had subjected himself, of obtaining + the consent of the great council before he levied any aids or scutages + upon the nation, was omitted; and this article was even declared hard and + severe, and was expressly left to future deliberation. But we must + consider, that, though this limitation may perhaps appear to us the most + momentous in the whole charter of John, it was not regarded in that light + by the ancient barons, who were more jealous in guarding against + particular acts of violence in the crown than against such general + impositions which, unless they were evidently reasonable and necessary, + could scarcely, without general consent, be levied upon men who had arms + in their hands, and who could repel any act of oppression by which they + were all immediately affected. We accordingly find, that Henry, in the + course of his reign, while he gave frequent occasions for complaint with + regard to his violations of the Great Charter, never attempted, by his own + will, to levy any aids or scutages, though he was often reduced to great + necessities, and was refused supply by his people. + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 215. +</pre> + <p> + So much easier was it for him to transgress the law, when individuals + alone were affected, than even to exert his acknowledged prerogatives, + where the interest of the whole body was concerned. + </p> + <p> + This charter was again confirmed by the king in the ensuing year, with the + addition of some articles to prevent the oppressions by sheriffs; and also + with an additional charter of forests, a circumstance of great moment in + those ages, when hunting was so much the occupation of the nobility, and + when the king comprehended so considerable a part of the kingdom within + his forests, which he governed by peculiar and arbitrary laws. All the + forests, which had been enclosed since the reign of Henry II., were + disafforested, and new perambulations were appointed for that purpose; + offences in the forests were declared to be no longer capital, but + punishable by fine, imprisonment, and more gentle penalties; and all the + proprietors of land recovered the power of cutting and using their own + wood at their pleasure. + </p> + <p> + Thus these famous charters were brought nearly to the shape in which they + have ever since stood; and they were, during many generations, the + peculiar favorites of the English nation, and esteemed the most sacred + rampart to national liberty and independence. As they secured the rights + of all orders of men, they were anxiously defended by all, and became the + basis, in a manner, of the English monarchy, and a kind of original + contract which both limited the authority of the king and insured the + conditional allegiance of his subjects. Though often violated, they were + still claimed by the nobility and people; and as no precedents were + supposed valid that infringed them, they rather acquired than lost + authority, from the frequent attempts made against them in several ages by + regal and arbitrary power. + </p> + <p> + While Pembroke, by renewing and confirming the Great Charter, gave so much + satisfaction and security to the nation in general, he also applied + himself successfully to individuals; he wrote letters, in the king’s name, + to all the malcontent barons; in which he represented to them that, + whatever jealousy and animosity they might have entertained against the + late king, a young prince, the lineal heir of their ancient monarchs, had + now succeeded to the throne, without succeeding either to the resentments + or principles of his predecessor; that the desperate expedient, which they + had employed, of calling in a foreign potentate, had, happily for them as + well as for the nation, failed of entire success, and it was still in + their power, by a speedy return to their duty, to restore the independence + of the kingdom, and to secure that liberty for which they so zealously + contended; that as all past offences of the barons were now buried in + oblivion, they ought, on their part, to forget their complaints against + their late sovereign, who, if he had been anywise blamable in his conduct + had left to his son the salutary warning, to avoid the paths which had led + to such fatal extremities: and that having now obtained a charter for + their liberties, it was their interest to show, by their conduct, that + this acquisition was not incompatible with their allegiance, and that the + rights of king and people, so far from being hostile and opposite, might + mutually support and sustain each other.[*] + </p> + <p> + These considerations, enforced by the character of honor and constancy + which Pembroke had ever maintained, had a mighty influence on the barons; + and most of them began secretly to negotiate with him, and many of them + openly returned to their duty. The diffidence which Lewis discovered of + their fidelity, forwarded this general propension towards the king; and + when the French prince refused the government of the castle of Hertford to + Robert Fitz-Walter, who had been so active against the late king, and who + claimed that fortress as his property, they plainly saw that the English + were excluded from every trust, and that foreigners had engrossed all the + confidence and affection of their new sovereign.[**] The excommunication, + too, denounced by the legate against all the adherents of Lewis, failed + not, in the turn which men’s dispositions had taken, to produce a mighty + effect upon them; and they were easily persuaded to consider a cause as + impious, for which they had already entertained an unsurmountable + aversion.[***] Though Lewis made a journey to France, and brought over + succors from that kingdom [****] he found, on his return, that his party + was still more weakened by the desertion of his English confederates, and + that the death of John had, contrary to his expectations, given an + incurable wound to his cause. The earls of Salisbury Arundel, and + Warrenne, together with William Mareschal, eldest son of the protector, + had embraced Henry’s party; and every English nobleman was plainly + watching for an opportunity of returning to his allegiance. + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 215. Brady’s App. No. 143. + + ** M. Paris, p. 200, 202. + + *** Ibid. p. 200 M. West, p. 277 + + **** Chron. Dunst vol. i. p. 79. +</pre> + <p> + Pembroke was so much strengthened by these accessions, that he ventured to + invest Mount Sorel; though, upon the approach of the count of Perche with + the French army, he desisted from his enterprise, and raised the siege.[*] + The count, elated with this success, marched to Lincoln; and being + admitted into the town, he began to attack the castle, which he soon + reduced to extremity. The protector summoned all his forces from every + quarter, in order to relieve a place of such importance; and he appeared + so much superior to the French, that they shut themselves up within the + city, and resolved to act upon the defensive.[**] But the garrison of the + castle, having received a strong reënforcement, made a vigorous sally upon + the besiegers; while the English army, by concert, assaulted them in the + same instant from without, mounted the walls by scalade, and bearing down + all resistance, entered the city sword in hand. Lincoln was delivered over + to be pillaged; the French army was totally routed; the count de Perche, + with only two persons more, was killed, but many of the chief commanders, + and about four hundred knights, were made prisoners by the English.[***] + So little blood was shed in this important action, which decided the fate + of one of the most powerful kingdoms in Europe; and such wretched soldiers + were those ancient barons, who yet were unacquainted with every thing but + arms! + </p> +<pre xml:space="preserve"> + * M. Paris, p. 203 + + ** Chron. Dunst vol. i. p. 81. + + *** M. Paris, p. 204, 205. + + **** Chron. de Mailr. p. 195. +</pre> + <p> + Prince Lewis was informed of this fatal event while employed in the siege + of Dover, which was still valiantly defended against him by Hubert de + Burgh. He immediately retreated to London, the centre and life of his + party; and he there received intelligence of a new disaster, which put an + end to all his hopes. A French fleet, bringing over a strong, + reënforcement, had appeared on the coast of Kent; where they were attacked + by the English under the command of Philip d’Albiney, and were routed with + considerable loss. D’Albiney employed a stratagem against them, which is + said to have contributed to the victory: having gained the wind of the + French, he came down upon them with violence; and throwing in their faces + a great quantity of quick lime, which he purposely carried on board, he so + blinded them, that they were disabled from defending themselves.[*] + </p> + <p> + After this second misfortune of the French, the English barons hastened + every where to make peace with the protector, and, by an early submission, + to prevent those attainders to which they were exposed on account of their + rebellion. Lewis, whose cause was now totally desperate, began to be + anxious for the safety of his person, and was glad, on any honorable + conditions, to make his escape from a country where he found every thing + was now become hostile to him. He concluded a peace with Pembroke, + promised to evacuate the kingdom, and only stipulated in return an + indemnity to his adherents, and a restitution of their honors and + fortunes, together with the free and equal enjoyment of those liberties + which had been granted to the rest of the nation.[**] Thus was happily + ended a civil war which seemed to be founded on the most incurable hatred + and jealousy, and had threatened the kingdom with the most fatal + consequences. + </p> + <p> + The precautions which the king of France used in the conduct of this whole + affair are remarkable. He pretended that his son had accepted of the offer + from the English barons without his advice, and contrary to his + inclination: the armies sent to England were levied in Lewis’s name: when + that prince came over to France for aid, his father publicly refused to + grant him any assistance, and would not so much as admit him to his + presence: even after Henry’s party acquired the ascendant, and Lewis was + in danger of falling into the hands of his enemies, it was Blanche of + Castile his wife, not the king his father, who raised armies and equipped + fleets for his succor.[***] + </p> +<pre xml:space="preserve"> + *. M. Paris, p. 206. Ann. Waverl. p. 183. W. Heming. p. 563. + Trivet, p. 109. M. West. p. 277. Knyghton, p. 2428. + + **. Rhymer, vol. i. p. 221. M. Paris, p. 207. Chron. Dunst. + vol. i. p. 83. M. West. p. 278. Knyghton, p. 2429. + + *** M, Paris, p. 256. Chron. Dunst, vol. i. p. 82. +</pre> + <p> + All these artifices were employed, not to satisfy the pope; for he had too + much penetration to be so easily imposed on: nor yet to deceive the + people; for they were too gross even for that purpose: they only served + for a coloring to Philip’s cause; and in public affairs men are often + better pleased that the truth, though known to every body, should be + wrapped up under a decent cover, than if it were exposed in open daylight + to the eyes of all the world. + </p> + <p> + After the expulsion of the French, the prudence and equity of the + protector’s subsequent conduct contributed to cure entirely those wounds + which had been made by intestine discord. He received the rebellious + barons into favor; observed strictly the terms of peace which he had + granted them; restored them to their possessions; and endeavored, by an + equal behavior, to bury all past animosities in perpetual oblivion. The + clergy alone, who had adhered to Lewis, were sufferers in this revolution. + As they had rebelled against their spiritual sovereign, by disregarding + the interdict and excommunication, it was not in Pembroke’s power to make + any stipulations in their favor; and Gualo, the legate, prepared to take + vengeance on them for their disobedience.[*] Many of them were deposed; + many suspended; some banished; and all who escaped punishment made + atonement for their offence, by paying large sums to the legate, who + amassed an immense treasure by this expedient. + </p> + <p> + The earl of Pembroke did not long survive the pacification, which had been + chiefly owing to his wisdom and valor;[*] and he was succeeded in the + government by Peter des Roches, bishop of Winchester, and Hubert de Burgh, + the justiciary. The counsels of the latter were chiefly followed; and had + he possessed equal authority in the kingdom with Pembroke, he seemed to be + every way worthy of filling the place of that virtuous nobleman. But the + licentious and powerful barons, who had once broken the reins of + subjection to their prince, and had obtained by violence an enlargement of + their liberties and independence, could ill be restrained by laws under a + minority; and the people, no less than the king, suffered from their + outrages and disorders. They retained by force the royal castles, which + they had seized during the past convulsions, or which had been committed + to their custody by the protector;[**] they usurped the king’s + demesnes;[***] they oppressed their vassals; they infested their weaker + neighbors; they invited all disorderly people to enter in their retinue, + and to live upon their lands; and they gave them protection in all their + robberies and extortions. + </p> +<pre xml:space="preserve"> + * Brady’s App. No. 144. Chron. Dunst. vol. i. p. 83. + + ** M. Paris, p. 210. * Trivet, p. 174 + + *** Rymer, vol. i. p. 276. +</pre> + <p> + No one was more infamous for these violent and illegal practices than the + earl of Albemarle; who, though he had early returned to his duty, and had + been serviceable in expelling the French, augmented to the utmost the + general disorder, and committed outrages in all the counties of the north. + In order to reduce him to obedience, Hubert seized an opportunity of + getting possession of Rockingham Castle, which Albemarle had garrisoned + with his licentious retinue: but this nobleman, instead of submitting, + entered into a secret confederacy with Fawkes de Breauté, Peter de + Mauleon, and other barons, and both fortified the Gastle of Biham for his + defence, and made himself master by surprise of that of Fotheringay. + Pandulf, who was restored to his legateship, was active in suppressing + this rebellion; and with the concurrence of eleven bishops, he pronounced + the sentence of excommunication against Albemarle and his adherents:[*] an + army was levied: a scutage of ten shillings a knight’s fee was imposed on + all the military tenants. Albemarle’s associates gradually deserted him; + and he himself was obliged at last to sue for mercy. He received a pardon, + and was restored to his whole estate. + </p> + <p> + This impolitic lenity, too frequent in those times, was probably the + result of a secret combination among the barons, who never could endure to + see the total ruin of one of their own order: but it encouraged Fawkes de + Breauté, a man whom King John had raised from a low origin, to persevere + in the course of violence to which he had owed his fortune and to set at + nought all law and justice. When thirty-five verdicts were at one time + found against him, on account of his violent expulsion of so many + freeholders from their possessions, he came to the court of justice with + an armed force, seized the judge who had pronounced the verdicts, and + imprisoned him in Bedford Castle. He then levied open war against the + king; but being subdued and taken prisoner, his life was granted him; but + his estate was confiscated, and he was banished the kingdom.[**] + </p> +<pre xml:space="preserve"> + * Chron. Dunst. vol. i. p. 102. + + ** Rymer, vol. i. p. 198. M. Paris, p. 221, 224. Ann. Waverl + p. 188, Chron. Dunst vol. i. p. 141, 146. M. West, p. 283. +</pre> + <p class="side"> + 1222. + </p> + <p> + Justice was executed with greater severity against disorders less + premeditated, which broke out in London. A frivolous emulation in a match + of wrestling, between the Londoners on the one hand, and the inhabitants + of Westminster and those of the neighboring villages on the other, + occasioned this commotion. The former rose in a body, and pulled down some + houses belonging to the abbot of Westminster: but this riot, which, + considering the tumultuous disposition familiar to that capital, would + have been little regarded, seemed to become more serious by the symptoms + which then appeared of the former attachment of the citizens to the French + interest. The populace, in the tumult, made use of the cry of war commonly + employed by the French troops: “Mountjoy, Mountjoy, God help us and our + lord Lewis.” The justiciary made inquiry into the disorder; and finding + one Constantine Fitz-Arnulf to have been the ring-*leader, an insolent + man, who justified his crime in Hubert’s presence, he proceeded against + him by martial law, and ordered him immediately to be hanged, without + trial or form of process. He also cut off the feet of some of + Constantine’s accomplices.[*] + </p> + <p> + This act of power was complained of as an infringement of the Great + Charter: yet the justiciary, in a parliament summoned at Oxford, (for the + great councils about this time began to receive that appellation,) made no + scruple to grant in the king’s name a renewal and confirmation of that + charter. When the assembly made application to the crown for this favor,—as + a law in those times seemed to lose its validity if not frequently + renewed,—William de Briewere, one of the council of regency, was so + bold as to say openly, that those liberties were extorted by force, and + ought not to be observed: but he was reprimanded by the archbishop of + Canterbury, and was not countenanced by the king or his chief + ministers.[**] A new confirmation was demanded and granted two years + after; and an aid, amounting to a fifteenth of all movables, was given by + the parliament, in return for this indulgence. The king issued writs anew + to the sheriffs, enjoining the observance of the charter; but he inserted + a remarkable clause in the writs, that those who paid not the fifteenth + should not for the future be entitled to the benefit of those + liberties.[***] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 217, 218, 259. Ann. Waverl. p. 187. Chron. + Dunst. vol. i. p. 129. + + ** M. West. p. 282. + + *** Clause ix. H. 3, m. 9, and m. 6, d. +</pre> + <p> + The low state into which the crown was fallen, made it requisite for a + good minister to be attentive to the preservation of the royal + prerogatives, as well as to the security of public liberty. Hubert applied + to the pope, who had always great authority in the kingdom, and was now + considered as its superior lord, and desired him to issue a bull, + declaring the king to be of full age, and entitled to exercise in person + all the acts of royalty.[*] In consequence of this declaration, the + justiciary resigned into Henry’s hands the two important fortresses of the + Tower and Dover Castle, which had been intrusted to his custody; and he + required the other barons to imitate his example. They refused compliance: + the earls of Chester and Albemarle, John Constable of Chester, John de + Lacy, Brian de l’Isle, and William de Cantel, with some others, even + formed a conspiracy to surprise London, and met in arms at Waltham with + that intention: but finding the king prepared for defence, they desisted + from their enterprise. When summoned to court in order to answer for their + conduct, they scrupled not to appear, and to confess the design: but they + told the king that they had no bad intentions against his person, but only + against Hubert de Burgh, whom they were determined to remove from his + office.[**] They appeared too formidable to be chastised; and they were so + little discouraged by the failure of their first enterprise, that they + again met in arms at Leicester, in order to seize the king, who then + resided at Northampton: but Henry, informed of their purpose, took care to + be so well armed and attended, that the barons found it dangerous to make + the attempt; and they sat down and kept Christmas in his + neighborhood.[***] The archbishop and the prelates, finding every thing + tend towards a civil war, interposed with their authority, and threatened + the barons with the sentence of excommunication, if they persisted in + detaining the king’s castles. This menace at last prevailed: most of the + fortresses were surrendered; though the barons complained that Hubert’s + castles were soon after restored to him, while the king still kept theirs + in his own custody. There are said to have been one thousand one hundred + and fifteen castles at that time in England.[****] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 220. + + ** Chron. Dunst. vol. i. p. 137. + + *** M. Paris, p. 221. Chron. Dunst. vol. i. p. 138. + + **** Coke’s Comment on Magna Charta, chap. 17. +</pre> + <p> + It must be acknowledged that the influence of the prelates and the clergy + was often of great service to the public. + </p> + <p> + Though the religion of that age can merit no better name than that of + superstition, it served to unite together a body of men who had great sway + over the people, and who kept the community from falling to pieces, by the + factions and independent power of the nobles. And what was of great + importance, it threw a mighty authority into the hands of men, who by + their profession were averse to arms and violence, who tempered by their + mediation the general disposition towards military enterprises; and who + still maintained, even amidst the shock of arms, those secret links, + without which it is impossible for human society to subsist. + </p> + <p> + Notwithstanding these intestine commotions in England, and the precarious + authority of the crown, Henry was obliged to carry on war in France; and + he employed to that purpose the fifteenth which had been granted him by + parliament. Lewis VIII., who had succeeded to his father Philip, instead + of complying with Henry’s claim, who demanded the restitution of Normandy + and the other provinces wrested from England, made an irruption into + Poictou, took Rochelle[*] after a long siege, and seemed determined to + expel the English from the few provinces which still remained to them. + Henry sent over his uncle, the earl of Salisbury, together with his + brother, Prince Richard, to whom he had granted the earldom of Cornwall, + which had escheated to the crown. Salisbury stopped the progress of + Lewis’s arms, and retained the Poictevin and Gascon vassals in their + allegiance: but no military action of any moment was performed on either + side. The earl of Cornwall, after two years’ stay in Guienne, returned to + England. + </p> +<pre xml:space="preserve"> + * Rymer, vol i. p. 269. Trivet, p. 179. +</pre> + <p class="side"> + 1227. + </p> + <p> + This prince was nowise turbulent or factious in his disposition: his + ruling passion was to amass money, in which he succeeded so well as to + become the richest subject in Christendom: yet his attention to gain threw + him sometimes into acts of violence, and gave disturbance to the + government. There was a manor, which had formerly belonged to the earldom + of Cornwall but had been granted to Waleran de Ties, before Richard had + been invested with that dignity, and while the earldom remained in the + crown. Richard claimed this manor, and expelled the proprietor by force: + Waleran complained: the king ordered his brother to do justice to the man, + and restore him to his rights: the earl said that he would not submit to + these orders, till the cause should be decided against him by the judgment + of his peers: Henry replied, that it was first necessary to reinstate + Waleran in possession, before the cause could be tried; and he reiterated + his orders to the earl.[*] We may judge of the state of the government, + when this affair had nearly produced a civil war The earl of Cornwall, + finding Henry peremptory in his commands, associated himself with the + young earl of Pembroke who had married his sister, and who was displeased + on account of the king’s requiring him to deliver up some royal castles + which were in his custody. These two malecontents took into the + confederacy the earls of Chester, Warrenne, Glocester, Hereford, Warwick, + and Ferrers, who were all disgusted on a like account. [**] They assembled + an army, which the king had not the power or courage to resist; and he was + obliged to give his brother satisfaction, by grants of much greater + importance than the manor, which had been the first ground of the + quarrel.[***] + </p> + <p> + The character of the king, as he grew to man’s estate, became every day + better known; and he was found in every respect unqualified for + maintaining a proper sway among those turbulent barons, whom the feudal + constitution subjected to his authority. Gentle, humane, and merciful even + to a fault, he seems to have been steady in no other circumstance of his + character; but to have received every impression from those who surrounded + him, and whom he loved, for the time, with the most imprudent and most + unreserved affection. Without activity or vigor, he was unfit to conduct + war; without policy or art, he was ill fitted to maintain peace: his + resentments, though hasty and violent, were not dreaded, while he was + found to drop them with such facility; his friendships were little valued, + because they were neither derived from choice, nor maintained with + constancy: a proper pageant of state in a regular monarchy, where his + ministers could have conducted all affairs in his name and by his + authority; but too feeble in those disorderly times to sway a sceptre, + whose weight depended entirely on the firmness and dexterity of the hand + which held it. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 233. + + ** M. Paris, p. 233. + + *** M. Paris, p. 233. +</pre> + <p> + The ablest and most virtuous minister that Henry ever possessed was Hubert + de Burgh;[*] a man who had been steady to the crown in the most difficult + and dangerous times, and who yet showed no disposition, in the height of + his power, to enslave or oppress the people. The only exceptionable part + of his conduct is that which is mentioned by Matthew Paris,[**] if the + fact be really true, and proceeded from Hubert’s advice, namely, the + recalling publicly and the annulling of the charter of forests, a + concession so reasonable in itself, and so passionately claimed both by + the nobility and people: but it must be confessed that this measure is so + unlikely, both from the circumstances of the times and character of the + minister, that there is reason to doubt of its reality, especially as it + is mentioned by no other historian. Hubert, while he enjoyed his + authority, had an entire ascendant over Henry, and was loaded with honors + and favors beyond any other subject. + </p> + <p class="side"> + 1231. + </p> + <p> + Besides acquiring the property of many castles and manors, he married the + eldest sister of the king of Scots, was created earl of Kent, and, by an + unusual concession, was made chief justiciary of England for life; yet + Henry, in a sudden caprice, threw off his faithful minister, and exposed + him to the violent persecutions of his enemies. Among other frivolous + crimes objected to him, he was accused of gaining the king’s affections by + enchantment, and of purloining from the royal treasury a gem which had the + virtue to render the wearer invulnerable, and of sending this valuable + curiosity to the prince of Wales.[***] The nobility, who hated Hubert on + account of his zeal in resuming the rights and possessions of the crown, + no sooner saw the opportunity favorable, than they inflamed the king’s + animosity against him, and pushed him to seek the total ruin of his + minister. Hubert took sanctuary in a church: the king ordered him to be + dragged from thence: he recalled those orders: he afterwards renewed them: + he was obliged by the clergy to restore him to the sanctuary: he + constrained him soon after to surrender himself prisoner, and he confined + him in the castle of the Devizes. Hubert made his escape, was expelled the + kingdom, was again received into favor, recovered a great share of the + king’s confidence, but never showed any inclination to reinstate himself + in power and authority.[****] + </p> +<pre xml:space="preserve"> + * Ypod. Neust. p. 464. + + ** Page 232. M. West (p. 216) ascribes this counsel to + Peter, bishop of Winchester. + + *** M. Paris, p. 259. + + **** M. Paris, p. 259, 260, 261, 266. Chron. T. Wykes, p. + 41, 47 Chron. Dunst. vol. i. p. 220, 221. M. West, p. 291, + 301. +</pre> + <p> + The man who succeeded him in the government of the king and kingdom, was + Peter, bishop of Winchester, a Poictevin by birth, who had been raised by + the late king, and who was no less distinguished by his arbitrary + principles and violent conduct, than by his courage and abilities. This + prelate had been left by King John justiciary and regent of the kingdom + during an expedition which that prince made into France; and his illegal + administration was one chief cause of that great combination among the + barons, which finally extorted from the crown the charter of liberties, + and laid the foundation of the English constitution. Henry, though + incapable, from his character, of pursuing the same violent maxims which + had governed his father, had imbibed the same arbitrary principles; and in + prosecution of Peter’s advice, he invited over a great number of + Poictevins and other foreigners, who, he believed, could more safely be + trusted than the English, and who seemed useful to counterbalance the + great and independent power of the nobility.[*] Every office and command + was bestowed on these strangers; they exhausted the revenues of the crown, + already too much impoverished;[**] they invaded the rights of the people; + and their insolence, still more provoking than their power, drew on them + the hatred and envy of all orders of men in the kingdom.[***] + </p> + <p class="side"> + 1233. + </p> + <p> + The barons formed a combination against this odious ministry, and withdrew + from parliament, on pretence of the danger to which they were exposed from + the machinations of the Poictevins. When again summoned to attend, they + gave for answer, that the king should dismiss his foreigners, otherwise + they would drive both him and them out of the kingdom, and put the crown + on another head, more worthy to wear it: [****] such was the style they + used to their sovereign. They at last came to parliament, but so well + attended, that they seemed in a condition to prescribe laws to the king + and ministry. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 263 + + ** Chron. Dunst. vol. i. p. 151. + + *** M. Paris, p. 258 + + **** M. Paris, p 265. +</pre> + <p> + Peter des Roches, however, had in the interval found means of sowing + dissension among them, and of bringing over to his party the earl of + Cornwall, as well as the earls of Lincoln and Chester. The confederates + were disconcerted in their measures: Richard, earl Mareschal, who had + succeeded to that dignity on the death of his brother William, was chased + into Wales; he thence withdrew into Ireland, where he was treacherously + murdered by the contrivance of the bishop of Winchester.[*] The estates of + the more obnoxious barons were confiscated, without legal sentence or + trial by their peers; [**] and were bestowed with a profuse liberality on + the Poictevins. Peter even carried his insolence so far as to declare + publicly, that the barons of England must not pretend to put themselves on + the same foot with those of France, or assume the same liberties and + privileges: the monarch in the former country had a more absolute power + than in the latter. It had been more justifiable for him to have said, + that men so unwilling to submit to the authority of laws, could with the + worst grace claim any shelter or protection from them. + </p> + <p> + When the king at any time was checked in his illegal practices, and when + the authority of the Great Charter was objected to him, he was wont to + reply, “Why should I observe this charter, which is neglected by all my + grandees, both prelates and nobility?” It was very reasonably said to him, + “You ought, sir, to set them the example.” [***] + </p> + <p> + So violent a ministry as that of the bishop of Winchester could not be of + long duration; but its fall proceeded at last from the influence of the + church, not from the efforts of the nobles. Edmond, the primate, came to + court, attended by many of the other prelates, and represented to the king + the pernicious measures embraced by Peter des Roches, the discontents of + his people, the ruin of his affairs; and after requiring the dismission of + the minister and his associates, threatened him with excommunication in + case of his refusal. Henry, who knew that an excommunication so agreeable + to the sense of the people could not fail of producing the most dangerous + effects, was obliged to submit: foreigners were banished; the natives were + restored to their place in council;[****] the primate, who was a man of + prudence, and who took care to execute the laws and observe the charter of + liberties, bore the chief sway in the government. + </p> + <p class="side"> + 1236. + </p> + <p> + But the English in vain flattered themselves that they should be long free + from the dominion of foreigners. The king, having married Eleanor, + daughter of the count of Provence,[*****] was surrounded by a great number + of strangers from that country, whom he caressed with the fondest + affection, and enriched by an imprudent generosity.[******] + </p> +<pre xml:space="preserve"> + * Chron. Dunst. vol. i p. 219. + + ** M. Paris, p. 265. + + *** M. Paris, p. 608. + + **** M. Paris, p. 271, 272 + + ****** M. Paris, p. 286. +</pre> + <p> + The bishop of Valence, a prelate of the house of Savoy, and maternal uncle + to the queen, was his chief minister, and employed every art to amass + wealth for himself and his relations. Peter of Savoy, a brother of the + same family, was invested in the honor of Richmond, and received the rich + wardship of Earl Warrenne; Boniface of Savoy was promoted to the see of + Canterbury: many young ladies were invited over to Provence, and married + to the chief noblemen of England, who were the king’s wards. [*] And, as + the source of Henry’s bounty began to fail, his Savoyard ministry applied + to Rome, and obtained a bull, permitting him to resume all past grants; + absolving him from the oath which he had taken to maintain them; even + enjoining him to make such a resumption, and representing those grants as + invalid, on account of the prejudice which ensued from them to the Roman + pontiff, in whom the superiority of the kingdom was vested.[**] The + opposition made to the intended resumption prevented it from taking place; + but the nation saw the indignities to which the king was willing to + submit, in order to gratify the avidity of his foreign favorites. About + the same time he published in England the sentence of excommunication, + pronounced against the emperor Frederic, his brother-in-law;[***] and said + in excuse, that, being the pope’s vassal, he was obliged by his allegiance + to obey all the commands of his holiness. In this weak reign, when any + neighboring potentate insulted the king’s dominions, instead of taking + revenge for the injury, he complained to the pope as his superior lord, + and begged him to give protection to his vassal.[****] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 236, 301, 305, 316, 541. + + **M. West. p. 302, 304. + + *** M. Paris, p. 484. + + ****M. West.p. 338. +</pre> + <p class="side"> + 1247. + </p> + <p> + The resentment of the English barons rose high at the preference given to + foreigners; but no remonstrance or complaint could ever prevail on the + king to abandon them, or even to moderate his attachment towards them. + After the Provencals and Savoyards might have been supposed pretty well + satiated with the dignities and riches which they had acquired, a new set + of hungry foreigners were invited over, and shared among them those favors + which the king ought in policy to have conferred on the English nobility, + by whom his government could have been supported and defended. His mother + Isabella, who had been unjustly taken by the late king from the count de + la Marche, to whom she was betrothed, was no mistress of herself by the + death of her husband, than she married that nobleman;[*] and she had born + him four sons, Guy, William, Geoffrey, and Aymer, whom she sent over to + England, in order to pay a visit to their brother. The good-natured and + affectionate disposition of Henry was moved at the sight of such near + relations; and he considered neither his own circumstances, nor the + inclinations of his people, in the honors and riches which he conferred + upon them.[**] Complaints rose as high against the credit of the Gascon, + as ever they had done against that of the Poictevin and of the Savoyard + favorites; and to a nation prejudiced against them, all their measures + appeared exceptionable and criminal. Violations of the Great Charter were + frequently mentioned; and it is indeed more than probable, that + foreigners, ignorant of the laws, and relying on the boundless affections + of a weak prince, would, in an age when a regular administration was not + any where known, pay more attention to their present interest than to the + liberties of the people. It is reported that the Poictevins and other + strangers, when the laws were at any time appealed to in opposition to + their oppressions, scrupled not to reply, “What did the English laws + signify to them? They minded them not.” And as words are often more + offensive than actions, this open contempt of the English tended much to + aggravate the general discontent, and made every act of violence committed + by the foreigners appear not only an injury, but an affront to them.[***] + </p> + <p> + I reckon not among the violations of the Great Charter some arbitrary + exertions of prerogative to which Henry’s necessities pushed him, and + which, without producing any discontent, were uniformly continued by all + his successors, till the last century. As the parliament often refused him + supplies, and that in a manner somewhat rude and indecent,[****] he + obliged his opulent subjects, particularly the citizens of London, to + grant him loans of money; and it is natural to imagine that the same want + of economy which reduced him to the necessity of borrowing, would prevent + him from being very punctual in the repayment.[*****] He demanded + benevolences, or pretended voluntary contributions, from his nobility and + prelates.[******] + </p> +<pre xml:space="preserve"> + * Trivet, p. 174. + + ** M. Paris, p. 491. M. West. p. 338. Knyghton, p. 2436. + + *** M. Paris, p. 566, 666. Ann. Waverl. p. 214. Chron. + Dunst. vol. i. p. 335. + + **** M. Paris, p. 301 + + ****** M. Paris, p. 507 +</pre> + <p> + He was the first king of England, since the conquest, that could fairly be + said to lie under the restraint of law; and he was also the first that + practised the dispensing power, and he employed the clause of “non + obstante” in his grants and patents. When objections were made to this + novelty, he replied that the pope exercised that authority, and why might + not he imitate the example? But the abuse which the pope made of his + dispensing power, in violating the canons of general councils, in invading + the privileges and customs of all particular churches, and in usurping on + the rights of patrons, was more likely to excite the jealousy of the + people than to reconcile them to a similar practice in their civil + government. Roger de Thurkesby, one of the king’s justices, was so + displeased with the precedent, that he exclaimed, “Alas! what times are we + fallen into? Behold, the civil court is corrupted in imitation of the + ecclesiastical, and the river is poisoned from that fountain.” + </p> + <p> + The king’s partiality and profuse bounty to his foreign relations, and to + their friends and favorites, would have appeared more tolerable to the + English, had any thing been done meanwhile for the honor of the nation, or + had Henry’s enterprises in foreign countries been attended with any + success or glory to himself or to the public; at least, such military + talents in the king would have served to keep his barons in awe, and have + given weight and authority to his government. But though he declared war + against Lewis IX. in 1242, and made an expedition into Guienne, upon the + invitation of his father-in-law, the count de la Marche, who promised to + join him with all his forces, he was unsuccessful in his attempts against + that great monarch, was worsted at Taillebourg, was deserted by his + allies, lost what remained to him of Poictou, and was obliged to return + with loss of honor into England.[*] + </p> + <p class="side"> + 1253. + </p> + <p> + The Gascon nobility were attached to the English government, because the + distance of their sovereign allowed them to remain in a state of almost + total independence; and they claimed, some time after, Henry’s protection + against an invasion which the king of Castile made upon that territory. + Henry returned into Guienne, and was more successful in this expedition; + but he thereby involved himself and his nobility in an enormous debt, + which both increased their discontents, and exposed him to greater danger + from their enterprises.[**] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 393, 394, 398, 399, 405. W. Heming. p. 574. + Chron. Dunst. vol. i. p. 153. + + ** M. Paris, p. 414. +</pre> + <p> + Want of economy and an ill-judged liberality were Henry’s great defects; + and his debts, even before this expedition, had become so troublesome, + that he sold all his plate and jewels, in order to discharge them. When + this expedient was first proposed to him, he asked where he should find + purchasers. It was replied, the citizens of London. “On my word,” said he, + “if the treasury of Augustus were brought to sale, the citizens are able + to be the purchasers: these clowns, who assume to themselves the name of + barons, abound in every thing, while we are reduced to necessities.”[*] + And he was thenceforth observed to be more forward and greedy in his + exactions upon the citizens.[**] + </p> + <p> + But the grievances which the English during this reign had reason to + complain of in the civil government, seem to have been still less + burdensome than those which they suffered from the usurpations and + exactions of the court of Rome. On the death of Langton, in 1228, the + monks of Christ-church elected Walter de Hemesham, one of their own body, + for his successor: but as Henry refused to confirm the election, the pope, + at his desire, annulled it;[***] and immediately appointed Richard, + chancellor of Lincoln, for archbishop, without waiting for a new election. + On the death of Richard, in 1231, the monks elected Ralph de Neville, + bishop of Chichester; and though Henry was much pleased with the election, + the pope, who thought that prelate too much attached to the crown, assumed + the power of annulling his election.[****] He rejected two clergymen more, + whom the monks had successively chosen; and he at last told them that, if + they would elect Edmond, treasurer of the church of Salisbury, he would + confirm their choice; and his nomination was complied with. The pope had + the prudence to appoint both times very worthy primates; but men could not + forbear observing his intention of thus drawing gradually to himself the + right of bestowing that important dignity. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 501. + + ** M. Paris, p. 501, 507, 518, 578, 606, 625, 548. + + *** M. Paris, p. 244. + + **** M. Paris, p. 254. +</pre> + <p> + The avarice, however, more than the ambition of the see of Rome, seems to + have been in this age the ground of general complaint. The papal + ministers, finding a vast stock of power amassed by their predecessors, + were desirous of turning it to immediate profit, which they enjoyed at + home, rather than of enlarging their authority in distant countries, where + they never intended to reside. Every thing was become venal in the Romish + tribunals: simony was openly practised; no favors, and even no justice, + could be obtained without a bribe; the highest bidder was sure to have the + preference, without regard either to the merits of the person or of the + cause; and besides the usual perversions of right in the decision of + controversies, the pope openly assumed an absolute and uncontrolled + authority of setting aside, by the plenitude of his apostolic power, all + particular rules, and all privileges of patrons, churches, and convents. + On pretence of remedying these abuses, Pope Honorius, in 1226, complaining + of the poverty of his see as the source of all grievances, demanded from + every cathedral two of the best prebends, and from every convent two + monks’ portions, to be set apart as a perpetual and settled revenue of the + papal crown; but all men being sensible that the revenue would continue + forever, and the abuses immediately return, his demand was unanimously + rejected. About three years after, the pope demanded and obtained the + tenth of all ecclesiastical revenues, which he levied in a very oppressive + manner; requiring payment before the clergy had drawn their rents or + tithes, and sending about usurers, who advanced them the money at + exorbitant interest. In the year 1240, Otho the legate, having in vain + attempted the clergy in a body, obtained separately, by intrigues and + menaces, large sums from the prelates and convents, and on his departure + is said to have carried more money out of the kingdom than he left in it + This experiment was renewed four years after with success by Martin the + nuncio, who brought from Rome powers of suspending and excommunicating all + clergymen that refused to comply with his demands. The king, who relied on + the pope for the support of his tottering authority, never failed to + countenance those exactions. + </p> + <p> + Meanwhile all the chief benefices of the kingdom were conferred on + Italians; great numbers of that nation were sent over at one time to be + provided for; non-residence and pluralities were carried to an enormous + height; Mansel, the king’s chaplain, is computed to have held at once + seven hundred ecclesiastical livings; and the abuses became so evident, as + to be palpable to the blindness of superstition itself. The people, + entering into associations, rose against the Italian clergy; pillaged + their barns; wasted their lands; insulted the persons of such of them as + they found in the kingdom;[*] and when the justices made inquiry into the + authors of this disorder, the guilt was found to involve so many, and + those of such high rank, that it passed unpunished. + </p> + <p> + * Rymer, vol. i. p. 323. M. Paris, p. 255, 257. + </p> + <p> + At last, when Innocent IV., in 1245, called a general council at Lyons, in + order to excommunicate the emperor Frederic, the king and nobility sent + over agents to complain, before the council, of the rapacity of the Romish + church. They represented, among many other grievances, that the benefices + of the Italian clergy in England had been estimated, and were found to + amount to sixty thousand marks[*] a year, a sum which exceeded the annual + revenue of the crown itself.[**] They obtained only an evasive answer from + the pope; but as mention had been made, before the council, of the feudal + subjection of England to the see of Rome, the English agents, at whose + head was Roger Bigod, earl of Norfolk, exclaimed against the pretension, + and insisted that King John had no right, without the consent of his + barons, to subject the kingdom to so ignominious a servitude.[***] The + popes, indeed, afraid of carrying matters too far against England, seem + thenceforth to have little insisted on that pretension. + </p> + <p> + This check, received at the council of Lyons, was not able to stop the + court of Rome in its rapacity: Innocent exacted the revenues of all vacant + benefices, the twentieth of all ecclesiastical revenues without exception; + the third of such as were exceeded a hundred marks a year; the half of + such as were possessed by non-residents.[****] He claimed the goods of all + intestate clergymen;[*****] he pretended a title to inherit all money + gotten by usury: he levied benevolences upon the people; and when the + king, contrary to his usual practice, prohibited these exactions, he + threatened to pronounce against him the same censures which he had emitted + against the emperor Frederic.[******] + </p> +<pre xml:space="preserve"> + * Innocent’s bull in Rymer, vol. i. p. 471, says only fifty + thousand marks a year. + + ** M. Paris, p. 451. The customs were part of Henry’s + revenue, and amounted to six thousand pounds a year: they + were at first email sums paid by the merchants for the use + of the king’s ware-houses, measures, weights, etc. See + Gilbert’s History of the Exch p. 214. + + *** M. Paris, p. 460. + + **** M. Paris, p. 480. Ann. Burt. p. 305, 573. + + ****** M. Paris, p. 476. +</pre> + <p class="side"> + 1255. + </p> + <p> + But the most oppressive expedient employed by the pope, was the embarking + of Henry in a project for the conquest of Naples, or Sicily on this side + the Fare, as it was called; an enterprise which threw much dishonor on the + king, and involved him, during some years, in great trouble and expense. + The Romish church, taking advantage of favorable incidents, had reduced + the kingdom of Sicily to the same state of feudal vassalage which she + pretended to extend over England; and which, by reason of the distance, as + well as high spirit of this latter kingdom, she was not able to maintain. + After the death of the emperor Frederic II., the succession of Sicily + devolved to Conradine, grandson of that monarch; and Mainfroy, his natural + son, under pretence of governing the kingdom during the minority of the + prince, had formed a scheme of establishing his own authority. Pope + Innocent, who had carried on violent war against the emperor Frederic, and + had endeavored to dispossess him of his Italian dominions, still continued + hostilities against his grandson; but being disappointed in all his + schemes by the activity and artifices of Mainfroy, he found that his own + force alone was not sufficient to bring to a happy issue so great an + enterprise. He pretended to dispose of the Sicilian crown, both as + superior lord of that particular kingdom, and as vicar of Christ, to whom + all kingdoms of the earth were subjected; and he made a tender of it to + Richard, earl of Cornwall, whose immense riches, he flattered himself, + would be able to support the military operations against Mainfroy. As + Richard had the prudence to refuse the present,[*] he applied to the king, + whose levity and thoughtless disposition gave Innocent more hopes of + success; and he offered him the crown of Sicily for his second son, + Edmond.[**] Henry, allured by so magnificent a present, without reflecting + on the consequences, without consulting either with his brother or the + parliament, accepted of the insidious proposal, and gave the pope + unlimited credit to expend whatever sums he thought necessary for + completing the conquest of Sicily. Innocent, who was engaged by his own + interests to wage war with Mainfroy, was glad to carry on his enterprises + at the expense of his ally: Alexander IV., who succeeded him in the papal + throne, continued the same policy, and Henry was surprised to find himself + on a sudden involved in an immense debt, which he had never been consulted + in contracting. The sum already amounted to a hundred and thirty-five + thousand five hundred and forty-one marks, beside interest;[***] and he + had the prospect, if he answered this demand, of being soon loaded with + more exorbitant expenses if he refused it, of both incurring the pope’s + displeasure, and losing the crown of Sicily, which he hoped soon to have + the glory of fixing on the head of his son. + </p> +<pre xml:space="preserve"> + * M. Paris, p.650. + + ** Rymer, vol. i. p. 502, 512, 530. M. Paris, p. 599, 613 + + *** Rymer, vol i. p. 587. Chron. Dunst vol. i. p. 319. +</pre> + <p> + He applied to the parliament for supplies; and that he might be sure not + to meet with opposition, he sent no writs to the more refractory barons: + but even those who were summoned, sensible of the ridiculous cheat imposed + by the pope, determined not to lavish their money on such chimerical + projects; and making a pretext of the absence of their brethren, they + refused to take the king’s demands into consideration.[*] In this + extremity the clergy were his only resource; and as both their temporal + and spiritual sovereign concurred in loading them, they were ill able to + defend themselves against this united authority. + </p> + <p> + The pope published a crusade for the conquest of Sicily; and required + every one who had taken the cross against the infidels, or had vowed to + advance money for that service, to support the war against Mainfroy, a + more terrible enemy, as he pretended, to the Christian faith than any + Saracen.[**] He levied a tenth on all ecclesiastical benefices in England + for three years; and gave orders to excommunicate all bishops who made not + punctual payment. He granted to the king the goods of intestate clergymen; + the revenues of vacant benefices, the revenues of all non-residents.[***] + But these taxations, being levied by some rule, were deemed less grievous + than another imposition, which arose from the suggestion of the bishop of + Hereford, and which might have opened the door to endless and intolerable + abuses. + </p> + <p> + This prelate, who resided at the court of Rome by a deputation from the + English church, drew bills of different values but amounting on the whole + to a hundred and fifty thousand five hundred and forty marks on all the + bishops and abbots of the kingdom; and granted these bills to Italian + merchants, who, it was pretended, had advanced money for the service of + the war against Mainfroy.[****] As there was no likelihood of the English + prelates’ submitting, without compulsion, to such an extraordinary demand, + Rustand the legate was charged with the commission of employing authority + to that purpose, and he summoned an assembly of the bishops and abbots + whom he acquainted with the pleasure of the pope and of the king. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 614 + + ** Rymer, vol. i. p. 547, 548, etc. + + *** Rymer, vol. i. p. 597, 598. + + **** M. Paris, p. 612, 628. Chron. T. Wykes, p. 54. +</pre> + <p> + Great were the surprise and indignation of the assembly: the bishop of + Worcester exclaimed, that he would lose his life rather than comply: the + bishop of London said, that the pope and king were more powerful than he; + but if his mitre were taken off his head, he would clap on a helmet in its + place.[*] The legate was no less violent on the other hand; and he told + the assembly, in plain terms, that all ecclesiastical benefices were the + property of the pope, and he might dispose of them, either in whole or in + part, as he saw proper.[**] In the end, the bishops and abbots, being + threatened with excommunication, which made all their revenues fall into + the king’s hands, were obliged to submit to the exaction; and the only + mitigation which the legate allowed them was, that the tenths already + granted should be accepted as a partial payment of the bills. But the + money was still insufficient for the pope’s purpose: the conquest of + Sicily was as remote as ever: the demands which came from Rome were + endless: Pope Alexander became so urgent a creditor, that he sent over a + legate to England, threatening the kingdom with an interdict, and the king + with excommunication, if the arrears, which he pretended to be due to him, + were not instantly remitted;[***] and at last Henry, sensible of the + cheat, began to think of breaking off the agreement, and of resigning into + the pope’s hands that crown which it was not intended by Alexander that he + or his family should ever enjoy.[****] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 614. + + ** M. Paris, p. 619 + + *** Rymer, vol. i. p. 624. M. Paris, p. 648. + + **** Rymer, vol. i. p. 630. +</pre> + <p> + The earl of Cornwall had now reason to value himself on his foresight, in + refusing the fraudulent bargain with Rome, and in preferring the solid + honors of an opulent and powerful prince of the blood of England, to the + empty and precarious glory of a foreign dignity. But he had not always + firmness sufficient to adhere to this resolution: his vanity and ambition + prevailed at last over his prudence and his avarice; and he was engaged in + an enterprise no less expensive and vexatious than that of his brother, + and not attended with much greater probability of success. The immense + opulence of Richard having made the German princes cast their eye on him + as a candidate for the empire, he was tempted to expend vast sums of money + on his election; and he succeeded so far as to be chosen king of the + Romans, which seemed to render his succession infallible to the imperial + throne. He went over to Germany, and carried out of the kingdom no less a + sum than seven hundred thousand marks, if we may credit the account given + by some ancient authors,[*] which is probably much exaggerated.[**] His + money, while it lasted, procured him friends and partisans; but it was + soon drained from him by the avidity of the German princes; and, having no + personal or family connections in that country, and no solid foundation of + power, he found, at last, that he had lavished away the frugality of a + whole life in order to procure a splendid title; and that his absence from + England, joined to the weakness of his brother’s government, gave reins to + the factious and turbulent dispositions of the English barons, and + involved his own country and family in great calamities. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 638. The same author, a few pages before, + makes Richard’s treasures amount to little more than half + the sum, (p. 634.) The king’s dissipations and expenses, + throughout this whole reign, according to the same author, + had amounted only to about nine hundred and forty thousand + marks, (p. 638.) + + ** The sums mentioned by ancient authors, who were almost all + monks, are often improbable, and never consistent. But we + know from an infallible authority, the public remonstrance + to the council of Lyons, that the king’s revenues were below + sixty thousand marks a year: his brother, therefore, could + never have been master of seven hundred thousand marks; + especially as he did not sell his estates in England, as we + learn from the same author; and we hear afterwards of his + ordering all his woods to be cut, in order to satisfy the + rapacity of the German princes: his son succeeded to the + earldom of Cornwall and his other revenues. +</pre> + <p> + The successful revolt of the nobility from King John, and their imposing + on him and his successors limitations of their royal power, had made them + feel their own weight and importance, had set a dangerous precedent of + resistance, and being followed by a long minority, had impoverished as + well as weakened that crown which they were at last induced, from the fear + of worse consequences, to replace on the head of young Henry. In the + king’s situation, either great abilities and vigor were requisite to + overawe the barons, or great caution and reserve to give them no pretence + for complaints; and it must be confessed, that this prince was possessed + of neither of these talents. He had not prudence to choose right measures; + he wanted even that constancy which sometimes gives weight to wrong ones; + he was entirely devoted to his favorites, who were always foreigners; he + lavished on them, without discretion, his diminished revenue; and finding + that his barons indulged their disposition towards tyranny, and observed + not to their own vassals the same rules which they had imposed on the + crown, he was apt, in his administration, to neglect all the salutary + articles of the Great Charter; which he remarked to be so little regarded + by his nobility. This conduct had extremely lessened his authority in the + kingdom; had multiplied complaints against him; and had frequently exposed + him to affronts, and even to dangerous attempts upon his prerogative. In + the year 1244, when he desired a supply from parliament, the barons, + complaining of the frequent breaches of the Great Charter, and of the many + fruitless applications which they had formerly made for the redress of + this and other grievances, demanded in return, that he should give them + the nomination of the great justiciary and of the chancellor, to whose + hands chiefly the administration of justice was committed: and, if we may + credit the historian,[*] they had formed the plan of other limitations, as + well as of associations to maintain them, which would have reduced the + king to be an absolute cipher, and have held the crown in perpetual + pupillage and dependence. The king, to satisfy them, would agree to + nothing but a renewal of the charter, and a general permission to + excommunicate all the violators of it; and he received no supply, except a + scutage of twenty shillings on each knight’s fee for the marriage of his + eldest daughter to the king of Scotland; a burden which was expressly + annexed to their feudal tenures. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 432. +</pre> + <p> + Four years after, in a full parliament, when Henry demanded a new supply, + he was openly reproached with the breach of his word, and the frequent + violations of the charter. He was asked whether he did not blush to desire + any aid from his people, whom he professedly hated and despised; to whom + on all occasions he preferred aliens and foreigners, and who groaned under + the oppressions which he either permitted or exercised over them. He was + told that, besides disparaging his nobility by forcing them to contract + unequal and mean marriages with strangers, no rank of men was so low as to + escape vexations from him or his ministers; that even the victuals + consumed in his household, the clothes which himself and his servants + wore, still more the wine which they used, were all taken by violence from + the lawful owners, and no compensation was ever made them for the injury; + that foreign merchants, to the great prejudice and infamy of the kingdom + shunned the English harbors as if they were possessed by pirates, and the + commerce with all nations was thus cut off by these acts of violence; that + loss was added to loss, and injury to injury, while the merchants, who had + been despoiled of their goods, were also obliged to carry them at their + own charge to whatever place the king was pleased to appoint them; that + even the poor fishermen on the coast could not escape his oppressions and + those of his courtiers; and finding that they had not full liberty to + dispose of their commodities in the English market, were frequently + constrained to carry them to foreign ports, and to hazard all the perils + of the ocean, rather than those which awaited them from his oppressive + emissaries; and that his very religion was a ground of complaint to his + subjects, while they observed, that the waxen tapers and splendid silks, + employed in so many useless processions, were the spoils which he had + forcibly ravished from the true owners.[*] Throughout this remonstrance, + in which the complaints derived from an abuse of the ancient right of + purveyance may be supposed to be somewhat exaggerated, there appears a + strange mixture of regal tyranny in the practices which gave rise to it, + and of aristocratical liberty, or rather licentiousness, in the + expressions employed by the parliament. But a mixture of this kind is + observable in all the ancient feudal governments, and both of them proved + equally hurtful to the people. + </p> + <p> + As the king, in answer to their remonstrance, gave the parliament only + good words and fair promises, attended with the most humble submissions, + which they had often found deceitful, he obtained at that time no supply; + and therefore, in the year 1253, when he found himself again under the + necessity of applying to parliament, he had provided a new pretence, which + he deemed infallible, and taking the vow of a crusade, he demanded their + assistance in that pious enterprise.[**] The parliament, however, for some + time hesitated to comply, and the ecclesiastical order sent a deputation + consisting of four prelates, the primate and the bishops of Winchester + Salisbury, and Carlisle, in order to remonstrate with him on his frequent + violations of their privileges, the oppressions with which he had loaded + them and all his subjects,[***] and the uncanonical and forced elections + which were made to vacant dignities. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 498. See further, p. 578. M. West. p. 348. + + ** M. Paris, p. 518, 558, 568. Chron. Dunst. vol. i. p. 293. +</pre> +<pre xml:space="preserve"> + *** M. Paris, p. 568. +</pre> + <p> + “It is true,” replied the king, “I have been somewhat faulty in this + particular: I obtruded you, my lord of Canterbury, upon your see; I was + obliged to employ both entreaties and menaces, my lord of Winchester, to + have, you elected; my proceedings, I confess, were very irregular, my + lords of Salisbury and Carlisle, when I raised you from the lowest + stations to your present dignities; I am determined henceforth to correct + these abuses; and it will also become you, in order to make a thorough + reformation, to resign your present benefices; and try to enter again in a + more regular and canonical manner.”[*] The bishops, surprised at these + unexpected sarcasms, replied, that the question was not at present how to + correct past errors, but to avoid them for the future. The king promised + redress both of ecclesiastical and civil grievances; and the parliament in + return agreed to grant him a supply, a tenth of the ecclesiastical + benefices, and a scutage of three marks on each knight’s fee: but as they + had experienced his frequent breach of promise, they required that he + should ratify the Great Charter in a manner still more authentic and more + solemn than any which he had hitherto employed. All the prelates and + abbots were assembled: they held burning tapers in their hands: the Great + Charter was read before them: they denounced the sentence of + excommunication against every one who should thenceforth violate that + fundamental law: they threw their tapers on the ground, and exclaimed, + “May the soul of every one who incurs this sentence so stink and corrupt + in hell!” The king bore a part in this ceremony, and subjoined, “So help + me God, I will keep all these articles inviolate, as I am a man, as I am a + Christian, as I am a knight, and as I am a king crowned and anointed.”[**] + Yet was the tremendous ceremony no sooner finished, than his favorites, + abusing his weakness, made him return to the same arbitrary and irregular + administration; and the reasonable expectations of his people were thus + perpetually eluded and disappointed.[***] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 579. + + ** Ibid. p. 580. Ann. Burt. p. 323. Ann. Waverl. p. 210. W + Heming. p. 571. M. West. p. 353. + + *** M. Paris, p. 597, 608. +</pre> + <p class="side"> + 1258. + </p> + <p> + All these imprudent and illegal measures afforded a pretence to Simon de + Mountfort, earl of Leicester, to attempt an innovation in the government, + and to wrest the sceptre from the feeble and irresolute hand which held + it. This nobleman was a younger son of that Simon de Mountfort who had + conducted with such valor and renown the crusade against the Albigenses, + and who, though he tarnished his famous exploits by cruelty and ambition, + had left a name very precious to all the bigots of that age, particularly + to the ecclesiastics. A large inheritance in England fell by succession to + this family; but as the elder brother enjoyed still more opulent + possessions in France, and could not perform fealty to two masters, he + transferred his right to Simon, his younger brother, who came over to + England, did homage for his lands, and was raised to the dignity of earl + of Leicester. In the year 1238, he espoused Eleanor, dowager of William, + earl of Pembroke, and sister to the king;[*] but the marriage of this + princess with a subject and a foreigner, though contracted with Henry’s + consent, was loudly complained of by the earl of Cornwall and all the + barons of England; and Leicester was supported against their violence by + the king’s favor and authority alone.[**] But he had no sooner established + himself in his possessions and dignities, than he acquired, by insinuation + and address, a strong interest with the nation, and gained equally the + affections of all orders of men. He lost, however, the friendship of Henry + from the usual levity and fickleness of that prince; he was banished the + court; he was recalled; he was intrusted with the command of Guienne,[***] + where he did good service and acquired honor; he was again disgraced by + the king, and his banishment from court seemed now final and irrevocable. + Henry called him traiter to his face; Leicester gave him the lie, and told + him that, if he were not his sovereign, he would soon make him repent of + that insult. Yet was this quarrel accommodated, either from the good + nature or timidity of the king, and Leicester was again admitted into some + degree of favor and authority. But as this nobleman was become too great + to preserve an entire complaisance to Henry’s humors, and to act in + subserviency to his other minions, he found more advantage in cultivating + his interest with the public, and in inflaming the general discontents + which prevailed against the administration. He filled every place with + complaints against the infringement of the Great Charter, the acts of + violence committed on the people, the combination between the pope and the + king in their tyranny and extortions, Henry’s neglect of his native + subjects and barons; and though himself a foreigner, he was more loud than + any in representing the indignity of submitting to the dominion of + foreigners. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 314. + + ** Ibid, p. 315. + + *** Rymer, vol. i. p. 459, 513. +</pre> + <p> + By his hypocritical pretensions to devotion he gained the favor of the + zealots and clergy: by his seeming concern for public good he acquired the + affections of the public: and besides the private friendships which he had + cultivated with the barons, his animosity against the favorites created a + union of interests between him and that powerful order. + </p> + <p> + A recent quarrel which broke out between Leicester and William de Valence, + Henry’s half brother and chief favorite, brought matters to extremity,[*] + and determined the former to give full scope to his bold and unbounded + ambition, which the laws and the king’s authority had hitherto with + difficulty restrained. He secretly called a meeting of the most + considerable barons, particularly Humphrey de Bohun, high constable, Roger + Bigod, earl mareschal, and the earls of Warwick and Glocester; men who by + their family and possessions stood in the first rank of the English + nobility. He represented to this company the necessity of reforming the + state, and of putting the execution of the laws into other hands than + those which had hitherto appeared, from repeated experience, so unfit for + the charge with which they were intrusted. He exaggerated the oppressions + exercised against the lower orders of the state, the violations of the + barons’ privileges, the continued depredations made on the clergy; and in + order to aggravate the enormity of this conduct, he appealed to the Great + Charter, which Henry had so often ratified, and which was calculated to + prevent forever the return of those intolerable grievances. He magnified + the generosity of their ancestors, who, at a great expense of blood, had + extorted that famous concession from the crown; but lamented their own + degeneracy, who allowed so important an advantage, once obtained, to be + wrested from them by a weak prince and by insolent strangers. And he + insisted that the king’s word, after so many submissions and fruitless + promises on his part, could no longer be relied on; and that nothing but + his absolute inability to violate national privileges could henceforth + insure the regular observance of them. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 649. +</pre> + <p> + These topics, which were founded in truth, and suited so well the + sentiments of the company, had the desired effect, and the barons embraced + a resolution of redressing the public grievances, by taking into their own + hands the administration of government. Henry having summoned a + parliament, in expectation of receiving supplies for his Sicilian project, + the barons appeared in the hall, clad in complete armor, and with their + swords by their side: the king, on his entry, struck with the unusual + appearance, asked them what was their purpose, and whether they pretended + to make him their prisoner.[*] Roger Bigod replied in the name of the + rest, that he was not their prisoner, but their sovereign; that they even + intended to grant him large supplies, in order to fix his son on the + throne of Sicily; that they only expected some return for this expense and + service; and that, as he had frequently made submissions to the + parliament, had acknowledged his past errors, and had still allowed + himself to be carried into the same path, which gave them such just reason + of complaint, he must now yield to more strict regulations, and confer + authority on those who were able and willing to redress the national + grievances. Henry, partly allured by the hopes of supply, partly + intimidated by the union and martial appearance of the barons, agreed to + their demand, and promised to summon another parliament at Oxford, in + order to digest the new plan of government, and to elect the persons who + were to be intrusted with the chief authority. + </p> + <p> + This parliament, which the royalists, and even the nation, from experience + of the confusions that attended its measures, afterwards denominated the + “mad parliament,” met on the day appointed; and as all the barons brought + along with them their military vassals, and appeared with an armed force, + the king, who had taken no precautions against them, was in reality a + prisoner in their hands, and was obliged to submit to all the terms which + they were pleased to impose upon him. Twelve barons were selected from + among the king’s ministers; twelve more were chosen by parliament: to + these twenty-four unlimited authority was granted to reform the state; and + the king himself took an oath, that he would maintain whatever ordinances + they should think proper to enact for that purpose.[**] Leicester was at + the head of this supreme council, to which the legislative power was thus + in reality transferred; and all their measures were taken by his secret + influence and direction. + </p> +<pre xml:space="preserve"> + * Annal. Theokesoury. + + ** Rymer, vol. i. p. 655. Chron. Dunst. vol.i. p. 334. + Knyghton p. 2445. +</pre> + <p> + Their first step bore a specious appearance, and seemed well calculated + for the end which they professed to be the object of all these + innovations; they ordered that four knights should be chosen by each + county; that they should make inquiry into the grievances of which their + neighborhood had reason to complain, and should attend the ensuing + parliament, in order to give information to that assembly of the state of + their particular counties;[*] a nearer approach to our present + constitution than had been made by the barons in the reign of King John, + when the knights were only appointed to meet in their several counties, + and there to draw up a detail of their grievances. Meanwhile the + twenty-four barons proceeded to enact some regulations, as a redress of + such grievances as were supposed to be sufficiently notorious. They + ordered, that three sessions of parliament should be regularly held every + year, in the months of February, June, and October; “that a new sheriff + should be annually elected by the votes of the freeholders in each + county;[**] that the sheriffs should have no power of fining the barons + who did not attend their courts, or the circuits of the justiciaries; that + no heirs should be committed to the wardship of foreigners, and no castles + intrusted to their custody; and that no new warrens or forests should be + created, nor the revenues of any counties or hundreds be let to farm.” + Such were the regulations which the twenty-four barons established at + Oxford, for the redress of public grievances. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 657. Addit. p. 140. Ann. Burt, p, 412. + + ** Chron. Dunst. vol. i. p. 336. +</pre> + <p> + But the earl of Leicester and his associates, having advanced so far to + satisfy the nation, instead of continuing in this popular course, or + granting the king that supply which they had promised him, immediately + provided for the extension and continuance of their own authority. They + roused anew the popular clamor which had long prevailed against + foreigners; and they fell with the utmost violence on the king’s half + brothers, who were supposed to be the authors of, all national grievances, + and whom Henry had no longer any power to protect. The four brothers, + sensible of their danger, took to flight, with an intention of making + their escape out of the kingdom; they were eagerly pursued by the barons; + Aymer, one of the brothers, who had been elected to the see of Winchester + took shelter in his episcopal palace, and carried the others along with + him; they were surrounded in that place, and threatened to be dragged out + by force, and to be punished for their crimes and misdemeanors; and the + king, pleading the sacredness of an ecclesiastical sanctuary, was glad to + extricate them from this danger by banishing them the kingdom. In this act + of violence, as well as in the former usurpations of the barons, the queen + and her uncles were thought to have secretly concurred; being jealous of + the credit acquired by the brothers, which, they found, had eclipsed and + annihilated their own. + </p> + <p> + But the subsequent proceedings of the twenty-four barons were sufficient + to open the eyes of the nation, and to prove their intention of reducing + forever both the king and the people under the arbitrary power of a very + narrow aristocracy., which must at last have terminated either in anarchy, + or in a violent usurpation and tyranny. They pretended that they had not + yet digested all the regulations necessary for the reformation of the + state, and for the redress of grievances; and that they must still retain + their power, till that great purpose were thoroughly effected: in other + words, that they must be perpetual governors, and must continue to reform, + till they were pleased to abdicate their authority. They formed an + association among themselves, and swore that they would stand by each + other with their lives and fortunes; they displaced all the chief officers + of the crown, the justiciary, the chancellor, the treasurer; and advanced + either themselves or their own creatures in their place: even the offices + of the king’s household were disposed of at their pleasure: the government + of all the castles was put into hands in whom they found reason to + confide: and the whole power of the state being thus transferred to them, + they ventured to impose an oath, by which all the subjects were obliged to + swear, under the penalty of being declared public enemies, that they would + obey and execute all the regulations, both known and unknown, of the + twenty-four barons: and all this, for the greater glory of God, the honor + of the church, the service of the king, and the advantage of the + kingdom.[*] + </p> +<pre xml:space="preserve"> + * Chron. T. Wykes, p. 52. +</pre> + <p> + No one dared to withstand this tyrannical authority: Prince Edward + himself, the king’s eldest son, a youth of eighteen, who began to give + indications of that great and manly spirit which appeared throughout the + whole course of his life, was, after making some opposition, constrained + to take that oath, which really deposed his father and his family from + sovereign authority.[*] Earl Warrenne was the last person in the kingdom + that could be brought to give the confederated barons this mark of + submission. + </p> + <p> + But the twenty-four barons, not content with the usurpation of the royal + power, introduced an innovation in the constitution of parliament, which + was of the utmost importance. They ordained, that this assembly should + choose a committee of twelve persons, who should, in the intervals of the + sessions, possess the authority of the whole parliament, and should + attend, on a summons, the person of the king, in all his motions. But so + powerful were these barons, that this regulation was also submitted to; + the whole government was overthrown or fixed on new foundations; and the + monarchy was totally subverted, without its being possible for the king to + strike a single stroke in defence of the constitution against the + newly-erected oligarchy. + </p> + <p class="side"> + 1259. + </p> + <p> + The report that the king of the Romans intended to pay a visit to England, + gave alarm to the ruling barons, who dreaded lest the extensive influence + and established authority of that prince would be employed to restore the + prerogatives of his family, and overturn their plan of government.[**] + They sent over the bishop of Worcester, who met him at St. Omars; asked + him, in the name of the barons, the reason of his journey, and how long he + intended to stay in England; and insisted that, before he entered the + kingdom he should swear to observe the regulations established at Oxford. + On Richard’s refusal to take this oath, they prepared to resist him as a + public enemy; they fitted out a fleet, assembled an army, and exciting the + inveterate prejudices of the people against foreigners, from whom they had + suffered so many oppressions, spread the report that Richard, attended by + a number of strangers, meant to restore by force the authority of his + exiled brothers, and to violate all the securities provided for public + liberty. The king of the Romans was at last obliged to submit to the terms + required of him. [***] + </p> +<pre xml:space="preserve"> + * Ann. Burt. p. 411. + + ** M. Paris, p. 661. + + *** Ibid p. 661, 662. Chron. T. Wykes, p. 53. +</pre> + <p> + But the barons, in proportion to their continuance in power, began + gradually to lose that popularity which had assisted them in obtaining it; + and men repined, that regulations, which were occasionally established for + the reformation of the state, were likely to become perpetual, and to + subvert entirely the ancient constitution. They were apprehensive lest the + power of the nobles, always oppressive, should now exert itself without + control, by removing the counterpoise of the crown; and their fears were + increased by some new edicts of the barons, which were plainly calculated + to procure to themselves an impunity in all their violences. They + appointed that the circuits of the itinerant justices, the sole check on + their arbitrary conduct, should be held only once in seven years, and men + easily saw that a remedy which returned after such long intervals, against + an oppressive power which was perpetual, would prove totally insignificant + and useless.[*] The cry became loud in the nation, that the barons should + finish their intended regulations. The knights of the shires, who seem now + to have been pretty regularly assembled, and sometimes in a separate + house, made remonstrances against the slowness of their proceedings. They + represented that, though the king had performed all the conditions + required of him, the barons had hitherto done nothing for the public good, + and had only been careful to promote their own private advantage, and to + make inroads on royal authority; and they even appealed to Prince Edward, + and claimed his interposition for the interests of the nation, and the + reformation of the government.[**] The prince replied that, though it was + from constraint, and contrary to his private sentiments, he had sworn to + maintain the provisions of Oxford, he was determined to observe his oath: + but he sent a message to the barons, requiring them to bring their + undertaking to a speedy conclusion, and fulfil their engagements to the + public: otherwise, he menaced them, that at the expense of his life, he + would oblige them to do their duty, and would shed the last drop of his + blood in promoting the interests and satisfying the just wishes of the + nation.[***] + </p> + <p> + The barons, urged by so pressing a necessity, published at last a new code + of ordinances for the reformation of the state: [****] but the + expectations of the people were extremely disappointed when they found + that these consisted only of some trivial alterations in the municipal + law; and still more, when the barons pretended that the task was not yet + finished and that they must further prolong their authority, in order to + bring the work of reformation to the desired period. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 667. Trivet, p. 209. + + ** Ann. Burt. p. 427. + + *** Ann Burt. p. 427. + + **** Ann. Burt. p. 428, 439 +</pre> + <p> + The current of popularity was now much turned to the side of the crown; + and the barons had little, to rely on for their support besides the + private influence and power of their families, which, though exorbitant, + was likely to prove inferior to the combination of king and people. Even + this basis of power was daily weakened by their intestine jealousies and + animosities; their ancient and inveterate quarrels broke out when they + came to share the spoils of the crown; and the rivalship between the earls + of Leicester and Glocester, the chief leaders among them, began to + disjoint the whole confederacy. The latter, more moderate in his + pretensions, was desirous of stopping or retarding the career of the + barons’ usurpations; but the former, enraged at the opposition which, he + met with in his own party, pretended to throw up all concern in English + affairs; and he retired into France.[*] + </p> + <p> + The kingdom of France, the only state with which England had any + considerable intercourse, was at this time governed by Lewis IX., a prince + of the most singular character that is to be met with in all the records + of history. This monarch united to the mean and abject superstition of a + monk all the courage and magnanimity of the greatest hero; and, what may + be deemed more extraordinary, the justice and integrity of a disinterested + patriot, the mildness and humanity of an accomplished philosopher. So far + from taking advantage of the divisions among the English, or attempting to + expel those dangerous rivals from the provinces which they still possessed + in France, he had entertained many scruples with regard to the sentence of + attainder pronounced against the king’s father, had even expressed some + intention of restoring the other provinces, and was only prevented from + taking that imprudent resolution by the united remonstrances of his own + barons, who represented the extreme danger of such a measure,[**] and, + what had a greater influence on Lewis, the justice of punishing by a legal + sentence the barbarity and felony of John. Whenever this prince interposed + in English affairs, it was always with an intention of composing the + differences between the king and his nobility: he recommended to both + parties every peaceable and reconciling measure; and he used all his + authority with the earl of Leicester, his native subject, to bend him to a + compliance with Henry. + </p> +<pre xml:space="preserve"> + * Chron. Dunst. vol. i. p. 348. + + ** M. Paris, p. 604. +</pre> + <p> + He made a treaty with England at a time when the distractions of that + kingdom were at the greatest height, and when the king’s authority was + totally annihilated; and the terms which he granted might, even in a more + prosperous state of their affairs, be deemed reasonable and advantageous + to the English. He yielded up some territories which had been conquered + from Poictou and Guienne; he insured the peaceable possession of the + latter province to Henry; he agreed to pay that prince a large sum of + money; and he only required that the king should, in return, make a final + cession of Normandy and the other provinces, which he could never + entertain any hopes of recovering by force of arms.[*] This cession was + ratified by Henry, by his two sons and two daughters, and by the king of + the Romans and his three sons: Leicester alone, either moved by a vain + arrogance, or desirous to ingratiate himself with the English populace, + protested against the deed, and insisted on the right, however distant, + which might accrue to his consort.[**] Lewis saw in his obstinacy the + unbounded ambition of the man; and as the barons insisted that the money + due by treaty should be at their disposal, not at Henry’s, he also saw, + and probably with regret, the low condition to which this monarch, who had + more erred from weakness than from any bad intentions, was reduced by the + turbulence of his own subjects. + </p> + <p class="side"> + 1261. + </p> + <p> + But the situation of Henry soon after wore a more favorable aspect. The + twenty-four barons had now enjoyed the sovereign power near three years; + and had visibly employed it, not for the reformation of the state, which + was their first pretence, but for the aggrandizement of themselves and of + their families. The breach of trust was apparent to all the world: every + order of men felt it, and murmured against it: the dissensions among the + barons themselves, which increased the evil, made also the remedy more + obvious and easy: and the secret desertion in particular of the earl of + Glocester to the crown, seemed to promise Henry certain success in any + attempt to resume his authority. Yet durst he not take that step, so + reconcilable both to justice and policy, without making a previous + application to Rome, and desiring an absolution from his oaths and + engagements.[***] + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p 675. M. Paris, p. 566. Chron. T. Wykes, + p, 53. Trivet, p. 208 M. West. p. 371. + + ** Chron. T. Wykes, p. 53. + + *** Ann. Burt. p. 389. +</pre> + <p> + The pope was at this time much dissatisfied with the conduct of the + barons; who, in order to gain the favor of the people and clergy of + England, had expelled all the Italian ecclesiastics, had confiscated their + benefices, and seemed determined to maintain the liberties and privileges + of the English church, in which the rights of patronage belonging to their + own families were included. The extreme animosity of the English clergy + against the Italians was also a source of his disgust to the order; and an + attempt which had been made by them for further liberty and greater + independence on the civil power, was therefore less acceptable to the + court of Rome.[*] About the same time that the barons at Oxford had + annihilated the prerogatives of the monarchy, the clergy met in a synod at + Merton, and passed several ordinances, which were no less calculated to + promote their own grandeur at the expense of the crown. They decreed, that + it was unlawful to try ecclesiastics by secular judges; that the clergy + were not to regard any prohibitions from civil courts; that lay patrons + had no right to confer spiritual benefices; that the magistrate was + obliged, without further inquiry, to imprison all excommunicated persons; + and that ancient usage, without any particular grant or charter, was a + sufficient authority for any clerical possessions or privileges.[**] About + a century before, these claims would have been supported by the court of + Rome beyond the most fundamental articles of faith: they were the chief + points maintained by the great martyr Becket; and his resolution in + defending them had exalted him to the high station which he held in the + catalogue of Romish saints. But principles were changed with the times: + the pope was become somewhat jealous of the great independence of the + English clergy, which made them stand less in need of his protection, and + even imboldened them to resist his authority, and to complain of the + preference given to the Italian courtiers, whose interests, it is natural + to imagine, were the chief object of his concern. He was ready, therefore, + on the king’s application, to annul these new constitutions of the church + of England.[***] And, at the same time, he absolved the king and all his + subjects from the oath which they had taken to observe the provisions of + Oxford.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 755. + + ** Ann. Burt. p. 389. + + *** Rymer, vol. i. p. 755. + + **** Rymer, vol. i. p. 722. M. Paris, p. 666. W. Heming. p, + 580. Ypod. Neust. p; 468. Knyghton, p. 2446. +</pre> + <p> + Prince Edward, whose liberal mind, though in such early youth, had taught + him the great prejudice which his father had incurred by his levity, + inconstancy, and frequent breach of promise, refused for a long time to + take advantage of thus absolution; and declared that the provisions of + Oxford, how unreasonable soever in themselves, and how much soever abused + by the barons, ought still to be adhered to by those who had sworn to + observe them:[*] he himself had been constrained by violence to take that + oath; yet was he determined to keep it. By this scrupulous fidelity the + prince acquired the confidence of all parties, and was afterwards enabled + to recover fully the royal authority, and to perform such great actions + both during his own reign and that of his father. + </p> + <p> + The situation of England, during this period, as well as that of most + European kingdoms, was somewhat peculiar. There was no regular military + force maintained in the nation: the sword, however, was not, properly + speaking, in the hands of the people; the barons were alone intrusted with + the defence of the community; and after any effort which they made, either + against their own prince or against foreigners, as the military retainers + departed home, the armies were disbanded, and could not speedily be + reassembled at pleasure. It was easy, therefore, for a few barons, by a + combination, to get the start of the other party, to collect suddenly + their troops, and to appear unexpectedly in the field with an army, which + their antagonists, though equal or even superior in power and interest, + would not dare to encounter. Hence the sudden revolutions which often took + place in those governments; hence the frequent victories obtained without + a blow by one faction over the other; and hence it happened, that the + seeming prevalence of a party was seldom a prognostic of its long + continuance in power and authority. + </p> + <p class="side"> + 1262. + </p> + <p> + The king, as soon as he received the pope’s absolution from his oath, + accompanied with menaces of excommunication against all opponents, + trusting to the countenance of the church, to the support promised him by + many considerable barons, and to the returning favor of the people, + immediately took off the mask. After justifying his conduct by a + proclamation, in which he set forth the private ambition and the breach of + trust conspicuous in Leicester and his associates, be declared that he had + resumed the government, and was determined thenceforth to exert the royal + authority for the protection of his subjects. + </p> +<pre xml:space="preserve"> + * M. Paris. D. 667. +</pre> + <p> + He removed Hugh le Despenser and Nicholas de Ely, the justiciary and + chancellor appointed by the barons; and put Philip Basset and Walter de + Merton in their place. He substituted new sheriffs in all the counties, + men of character and honor; he placed new governors in most of the + castles; he changed all the officers of his household; he summoned a + parliament, in which the resumption of his authority was ratified, with + only five dissenting voices; and the barons, after making one fruitless + effort to take the king by surprise at Winchester, were obliged to + acquiesce in those new regulations.[*] + </p> + <p> + The king, in order to cut off every objection to his conduct, offered to + refer all the differences between him and the earl of Leicester to + Margaret, queen of France.[**] The celebrated integrity of Lewis gave a + mighty influence to any decision which issued from his court; and Henry + probably hoped, that the gallantry on which all barons, as true knights, + valued themselves, would make them ashamed not to submit to the award of + that princess. Lewis merited the confidence reposed in him. By an + admirable conduct, probably as political as just, he continually + interposed his good offices to allay the civil discords ol the English: he + forwarded all healing measures which might give security to both parties: + and he still endeavored, though in vain, to soothe by persuasion the + fierce ambition of the earl of Leicester, and to convince him how much it + was his duty to submit peaceably to the authority of his sovereign. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 668. Chron. T. Wykes, p. 55. + + ** Rymer, vol. i. p. 724. +</pre> + <p class="side"> + 1263. + </p> + <p> + That bold and artful conspirator was nowise discouraged by the bad success + of his past enterprises. The death of Richard, earl of Glocester, who was + his chief rival in power, and who, before his decease, had joined the + royal party seemed to open a new field to his violence, and to expose the + throne to fresh insults and injuries. It was in vain that the king + professed his intentions of observing strictly the great charter, even of + maintaining all the regulations made by the reforming barons at Oxford or + afterwards, except those with entirely annihilated the royal authority; + these powerful chieftains, now obnoxious to the court, could not peaceably + resign the hopes of entire independence and uncontrolled power with which + they had flattered themselves, and which they had so long enjoyed. Many of + them engaged in Leicester’s views, and among the rest, Gilbert, the young + earl of Glocester, who brought him a mighty accession of power, from the + extensive authority possessed by that opulent family. Even Henry, son of + the king of the Romans, commonly called Henry d’Allmaine, though a prince + of the blood, joined the party of the barons against the king, the head of + his own family Leicester himself, who still resided in France, secretly + formed the links of this great conspiracy, and planned the whole scheme of + operations. + </p> + <p> + The princes of Wales, notwithstanding the great power of the monarchs both + of the Saxon and Norman line, still preserved authority in their own + country. Though they had often been constrained to pay tribute to the + crown of England, they were with difficulty retained in subordination or + even in peace; and almost through every reign since the conquest, they had + infested the English frontiers with such petty incursions and sudden + inroads, as seldom merit to have place in a general history. The English, + still content with repelling their invasions, and chasing them back into + their mountains, had never pursued the advantages obtained over them, nor + been able, even under their greatest and most active princes, to fix a + total, or so much as a feudal subjection on the country. This advantage + was reserved to the present king, the weakest and most indolent. In the + year 1237, Lewellyn, prince of Wales, declining in years and broken with + infirmities, but still more harassed with the rebellion and undutiful + behavior of his youngest son Griffin, had recourse to the protection of + Henry; and consenting to subject his principality, which had so long + maintained, or soon recovered, its independence to vassalage under the + crown of England, had purchased security and tranquillity on these + dishonorable terms. His eldest son and heir, David, renewed the homage to + England; and having taken his brother prisoner, delivered him into Henry’s + hands, who committed him to custody in the Tower. That prince, endeavoring + to make his escape, lost his life in the attempt; and the prince of Wales, + freed from the apprehensions of so dangerous a rival, paid thenceforth + less regard to the English monarch, and even renewed those incursions by + which the Welsh, during so many ages, had been accustomed to infest the + English borders. Lewellyn, however, the foil of Griffin, who succeeded to + his uncle, had been obliged to renew the homage which was now claimed by + England as an established right; but he was well pleased to inflame those + civil discords, on which he rested his present security and founded his + hopes of future independence. He entered into a confederacy with the earl + of Leicester, and collecting all the force of his principality, invaded + England with an army of thirty thousand men. He ravaged the lands of Roger + de Mortimer, and of all the barons who adhered to the crown;[*] he marched + into Cheshire, and committed like depredations on Prince Edward’s + territories; every place where his disorderly troops appeared was laid + waste with fire and sword; and though Mortimer, a gallant and expert + soldier, made stout resistance, it was found necessary that the prince + himself should head the army against this invader. Edward repulsed Prince + Lewellyn, and obliged him to take shelter in the mountains of North Wales: + but he was prevented from making further progress against the enemy by the + disorders which soon after broke out in England. + </p> + <p> + The Welsh invasion was the appointed signal for the malecontent barons to + rise in arms; and Leicester, coming over secretly from France, collected + all the forces of his party, and commenced an open rebellion. He seized + the person of the bishop of Hereford, a prelate obnoxious to all the + inferior clergy, on account of his devoted attachment to the court of + Rome.[**] Simon, bishop of Norwich, and John Mansel, because they had + published the pope’s bull, absolving the king and kingdom from their oaths + to observe the provisions of Oxford, were made prisoners, and exposed to + the rage of the party. The king’s demesnes were ravaged with unbounded + fury,[***] and as it was Leicester’s interest to allure to his side, by + the hopes of plunder, all the disorderly ruffians in England he gave them + a general license to pillage the barons of the opposite party, and even + all neutral persons. + </p> +<pre xml:space="preserve"> + * Chron. Dunst. vol. i. p. 354. + + ** Trivet, p. 211. M. West. p. 382, 392. + + *** Trivet, p. 211. M. West. p. 382. +</pre> + <p> + But one of the principal resources of his faction was the populace of the + cities, particularly of London; and as he had, by his hypocritical + pretensions to sanctity, and his zeal against Rome, engaged the monks and + lower ecclesiastics in his party, his dominion over the inferior ranks of + men became uncontrollable. Thomas Fitz-Richard, mayor of London, a furious + and licentious man, gave the countenance of authority to these disorders + in the capital; and having declared war against the substantial citizens, + he loosened all the bands of government, by which that turbulent city was + commonly but ill restrained. On the approach of Easter, the zeal of + superstition, the appetite for plunder, or what is often as prevalent with + the populace as either of these motives, the pleasure of committing havoc + and destruction, prompted them to attack the unhappy Jews, who were first + pillaged without resistance, then massacred, to the number of five hundred + persons.[*] The Lombard bankers were next exposed to the rage of the + people; and though, by taking sanctuary in the churches, they escaped with + their lives, all their money and goods became a prey to the licentious + multitude. Even the houses of the rich citizens, though English, were + attacked by night; and way was made by sword and by fire to the pillage of + their goods, and often to the destruction of their persons. The queen, + who, though defended by the Tower, was terrified by the neighborhood of + such dangerous commotions, resolved to go by water to the Castle of + Windsor; but as she approached the bridge, the populace assembled against + her: the cry ran, “Drown the witch;” and besides abusing her with the most + opprobrious language, and pelting her with rotten eggs and dirt, they had + prepared large stones to sink her barge, when she should attempt to shoot + the bridge; and she was so frightened, that she returned to the Tower[**] + </p> + <p> + The violence and fury of Leicester’s faction had risen to such a height in + all parts of England, that the king, unable to resist their power, was + obliged to set on foot a treaty of peace, and to make an accommodation + with the barons on the most disadvantageous terms.[***] + </p> +<pre xml:space="preserve"> + * Chron T. Wykes, p. 59. + + ** Chron. T. Wykes, p. 57. + + *** Chron. Dunst. vol. i. p. 358. Trivet, p. 211. +</pre> + <p> + He agreed to confirm anew the provisions of Oxford, even those which + entirely annihilated the royal authority; and the barons were again + reinstated in the sovereignty of the kingdom. They restored Hugh le + Despenser to the office of chief justiciary: they appointed their own + creatures sheriffs in every county of England; they took possession of all + the royal castles and fortresses; they even named all the officers of the + king’s household; and they summoned a parliament to meet at Westminster, + in order to settle more fully their plan of government. They here produced + a new list of twenty-four barons, to whom they proposed that the + administration should be entirely committed; and they insisted that the + authority of this junto should continue not only during the reign of the + king, but also during that of Prince Edward. + </p> + <p> + This prince, the life and soul of the royal party, had unhappily, before + the king’s accommodation with the barons, been taken prisoner by Leicester + in a parley at Windsor;[*] and that misfortune, more than any other + incident, had determined Henry to submit to the ignominious conditions + imposed upon him. But Edward, having recovered his liberty by the treaty, + employed his activity in defending the prerogatives of his family; and he + gained a great party even among-those who had at first adhered to the + cause of the barons. His cousin, Henry d’Allmaine, Roger Bigod, earl + mareschal, Earl Warrenne, Humphrey Bohun, earl of Hereford, John Lord + Basset, Ralph Basset, Hammond l’Estrange, Roger Mortimer, Henry de Piercy, + Robert de Brus, Roger de Leybourne, with almost all the lords marchers, as + they were called, on the borders of Wales and of Scotland, the most + warlike parts of the kingdom, declared in favor of the royal cause; and + hostilities, which were scarcely well composed, were again renewed in + every part of England. But the near balance of the parties, joined to the + universal clamor of the people, obliged the king and barons to open anew + the negotiations for peace; and it was agreed by both sides to submit + their differences to the arbitration of the king of France.[**] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 669. Trivet, p. 213. + + ** M. Paris, p. 668, Chron. T. Wykes, p. 58. W. Heming, p. + 580. Chron. Dunst. vol. i. p. 363. +</pre> + <p class="side"> + 1264. + </p> + <p> + This virtuous prince, the only man, who, in like circumstances, could + safely have been intrusted with such an authority by a neighboring nation, + had never ceased to interpose his good, offices between the English + factions, and had, even, during the short interval of peace, invited over + to Paris both the king and the earl of Leicester, in order to accommodate + the differences between them, but found that the fears and animosities on + both sides, as well as the ambition of Leicester, were so violent, as to + render all his endeavors ineffectual. But when this solemn appeal, + ratified by the oaths and subscriptions of the leaders in both factions, + was made to his judgment, he was not discouraged from pursuing his + honorable purpose: he summoned the states of France at Amiens; and there, + in the presence of that assembly, as well as in that of the king of + England and Peter de Mountfort, Leicester’s son, he brought this great + cause to a trial and examination. It appeared to him, that the provisions + of Oxford, even had they not been extorted by force, had they not been so + exorbitant in their nature and subversive of the ancient constitution, + were expressly established as a temporary expedient, and could not, + without breach of trust, be rendered perpetual by the barons. He therefore + annulled these provisions; restored to the king the possession of his + castles, and the power of nomination to the great offices; allowed him to + retain what foreigners he pleased in his kingdom, and even to confer on + them places of trust and dignity; and, in a word, reestablished the royal + power in the same condition on which it stood before the meeting of the + parliament at Oxford. But while he thus suppressed dangerous innovations, + and preserved unimpaired the prerogatives of the English crown, he was not + negligent of the rights of the people; and besides ordering that a general + amnesty should be granted for all past offences, he declared, that his + award was not anywise meant to derogate from the privileges and liberties + which the nation enjoyed by any former concessions or charters of the + crown.[*] + </p> + <p> + This equitable sentence was no sooner known in England, than Leicester and + his confederates determined to reject it and to have recourse to arms, in + order to procure to themselves more safe and advantageous conditions.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 776, 777, etc. Chron. T. Wykes, p. 58. + Knyghton, p. 2446. + + ** Chron. Dunst. vol. i. p. 363. +</pre> + <p> + Without regard to his oaths and subscriptions, that enterprising + conspirator directed his two sons, richard and Peter de Mountfort, in + conjunction with Robert de Ferrers, earl of Derby, to attack the city of + Worcester; while Henry and Simon de Mountfort, two others of his sons, + assisted by the prince of Wales, were ordered to lay waste the estate of + Roger de Mortimer. He himself resided at London; and employing as his + instrument Fitz-Richard, the seditious mayor, who had violently and + illegally prolonged his authority, he wrought up that city to the highest + ferment and agitation. The populace formed themselves into bands and + companies; chose leaders; practised all military exercises; committed + violence on the royalists; and to give them greater countenance in their + disorders, an association was entered into between the city and eighteen + great barons, never to make peace with the king but by common consent and + approbation. At the head of those who swore to maintain this association, + were the earls of Leicester, Glocester, and Derby, with Le Despenser, the + chief justiciary; men who had all previously sworn to submit to the award + of the French monarch. Their only pretence for this breach of faith was, + that the latter part of Lewis’s sentence was, as they affirmed, a + contradiction to the former. He ratified the charter of liberties, yet + annulled the provisions of Oxford, which were only calculated, as they + maintained, to preserve that charter; and without which, in their + estimation, they had no security for its observance. + </p> + <p> + The king and prince, finding a civil war inevitable, prepared themselves + for defence; and summoning the military vassals from all quarters, and + being reinforced by Baliol, lord of Galloway, Brus, lord of Annandale, + Henry Piercy, John Comyn,[*] and other barons of the north, they composed + an army, formidable as well from its numbers as its military prowess and + experience. The first enterprise of the royalists was the attack of + Northampton, which was defended by Simon de Mountfort, with many of the + principal barons of that party: and a breach being; made in the walls by + Philip Basset, the place was carried by assault, and both the governor and + the garrison were made prisoners. The royalists marched thence to + Leicester and Nottingham; both which places having opened their gates to + them, Prince Edward proceeded with a detachment into the county of Derby, + in order to ravage with fire and sword the lands of the earl of that name, + and take revenge on, him for his disloyalty. Like maxims of war prevailed + with both parties throughout England; and the kingdom was thus exposed in + a moment to greater devastation, from the animosities of the rival barons, + than it would have suffered from many years of foreign or even domestic + hostilities, conducted by more humane and more generous principles. + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 772. M. West. p. 385. Ypod. Neust. p. + 469. +</pre> + <p> + The earl of Leicester, master of London, and of the counties in the + south-east of England, formed the siege of Rochester, which alone declared + for the king in those parts, and which, besides Earl Warrenne, the + governor, was garrisoned by many noble and powerful barons of the royal + party. The king and prince hastened from Nottingham, where they were then + quartered, to the relief of the place; and on their approach, Leicester + raised the siege and retreated to London, which, being the centre of his + power, he was afraid might, in his absence, fall into the king’s hands, + either by force or by a correspondence with the principal citizens, who + were all secretly inclined to the royal cause. Reënforced [**unusual + spelling but that is what it looks like] by a great body of Londoners, and + having summoned his partisans from all quarters, he thought himself strong + enough to hazard a general battle with the royalists, and to determine the + fate of the nation in one great engagement, which, if it proved + successful, must be decisive against the king, who had no retreat for his + broken troops in those parts, while Leicester himself, in case of any + sinister accident, could easily take shelter in the city. To give the + better coloring to his cause, he previously sent a message with conditions + of peace to Henry, submissive in the language, but exorbitant in the + demands;[*] and when the messenger returned with the lie and defiance from + the king, the prince, and the king of the Romans, he sent a new message, + renouncing, in the name of himself and of the associated barons, all + fealty and allegiance to Henry. He then marched out of the city with his + army, divided into four bodies: the first commanded by his two sons, Henry + and Guy de Mountfort, together with Humphrey de Bohun, earl of Hereford, + who had deserted to the barons; the second led by the earl of Glocester, + with William de Montchesney and John Fitz-John; the third, composed of + Londoners, under the command of Nicholas de Segrave; the fourth headed by + himself in person. The bishop of Chichester gave a general absolution to + the army, accompanied with assurances, that, if any of them fell in the + ensuing action, they would infallibly be received into heaven, as the + reward of their suffering in so meritorious a cause. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 669. W. Heming. p. 583. +</pre> + <p> + Leicester, who possessed great talents for war, conducted his march with + such skill and secrecy, that he had well nigh surprised the royalists in + their quarters at Lewes, in Sussex, but the vigilance and activity of + Prince Edward soon repaired this negligence; and he led out the king’s + army to the field in three bodies. He himself conducted the van, attended + by Earl Warrenne and William de Valence; the main body was commanded by + the king of the Romans and his son Henry; the king himself was placed in + the rear at the head of his principal nobility. Prince Edward rushed upon + the Londoners who had demanded the post of honor in leading the rebel + army, but who, from their ignorance of discipline and want of experience, + were ill fitted to resist the gentry and military men, of whom the + prince’s body was composed. They were broken in an instant; were chased + off the field; and Edward, transported by his martial ardor, and eager to + revenge the insolence of the Londoners against his mother,[*] put them to + the sword for the length of four miles, without giving them any quarter, + and without reflecting on the fate which in the mean time attended the + rest of the army. The earl of Leicester, seeing the royalists thrown into + confusion by their eagerness in the pursuit, led on his remaining troops + against the bodies commanded by the two royal brothers: he defeated with + great slaughter the forces headed by the king of the Romans; and that + prince was obliged to yield himself prisoner to the earl of Glocester: he + penetrated to the body where the king himself was placed, threw it into + disorder, pursued his advantage, chased it into the town of Lewes, and + obliged Henry to surrender himself prisoner.[**] + </p> + <p> + Prince Edward, returning to the field of battle from his precipitate + pursuit of the Londoners, was astonished to find it covered with the dead + bodies of his friends, and still more to hear that his father and uncle + were defeated and taken prisoners, and that Arundel, Comyn, Brus, Hamond + l’Estrange, Roger Leybourne, and many considerable barons of his party + were in the hands of the victorious enemy. Earl Warrenne, Hugh Bigod, and + William de Valence, struck with despair at this event, immediately took to + flight, hurried to Pevencey, and made their escape beyond sea:[***] but + the prince, intrepid amidst the greatest disasters, exhorted his troops to + revenge the death of their friends, to relieve the royal captives, and to + snatch an easy conquest from an enemy disordered by their own + victory.[****] He found his followers intimidated by their situation, + while Leicester, afraid of a sudden and violent blow from the prince, + amused him by a feigned negotiation, till he was able to recall his troops + from the pursuit, and to bring them into order.[*****] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 670. Chron. T. Wykes, P 62 + + ** W. Heming. p. 583 M. West p. 337. Ypod. Neust. p. 469. + + *** Kynghton, p. 2450. + + **** M. Paris, p. 670. + + ****** Chron. T. Wyke, p. 63. W. Heming. p. 584. + + ******* W. Heming. p. 581. +</pre> + <p> + There now appeared no further resource to the royal party, surrounded by + the armies and garrisons of the enemy, destitute of forage and provisions, + and deprived of their sovereign, as well as of their principal leaders, + who could alone inspirit them to an obstinate resistance. The prince, + therefore, was obliged to submit to Leicester’s terms, which were short + and severe, agreeably to the suddenness and necessity of the situation. He + stipulated that he and Henry d’Allmaine should surrender themselves + prisoners as pledges in lieu of the two kings; that all other prisoners on + both sides should be released;[*] and that in order to settle fully the + terms of agreement, application should be made to the king of France, that + he should name six Frenchmen, three prelates and three noblemen; these six + to choose two others of their own country, and these two to choose one + Englishman, who, in conjunction with themselves, were to be invested by + both parties with full powers to make what regulations they thought proper + for the settlement of the kingdom. The prince and young Henry accordingly + delivered themselves into Leicester’s hands, who sent them under a guard + to Dover Castle. Such are the terms of agreement, commonly called the Mise + of Lewes, from an obsolete French term of that meaning; for it appears + that all the gentry and nobility of England, who valued themselves on + their Norman extraction, and who disdained the language of their native + country, made familiar use of the French tongue till this period, and for + some time after. + </p> + <p> + Leicester had no sooner obtained this great advantage and gotten the whole + royal family in his power, than he openly violated every article of the + treaty, and acted as sole master, and even tyrant of the kingdom. He still + detained the king in effect a prisoner, and made use of that prince’s + authority to purposes the most prejudicial to his interests, and the most + oppressive of his people.[**] He every where disarmed the royalists, and + kept all his own partisans in, a military posture:[***] he observed the + same partial conduct in the deliverance of the captives, and even threw + many of the royalists into prison, besides those who were taken in the + battle of Lewes; he carried the king from place to place, and obliged all + the royal castles, on pretence of Henry’s commands, to receive a governor + and garrison of his own appointment. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 671. Knyghton, p. 2451. + + ** Rymer, vol. i. p. 790, 791, etc. + + *** Rymer, vol. i. p. 795. Brady’s Appeals, No. 211, 212. + Chron. T. Wykes, p. 63. +</pre> + <p> + All the officers of the crown and of the household were named by him, and + the whole authority, as well as arms of the state, was lodged in his + hands: he instituted in the counties a new kind of magistracy, endowed + with new and arbitrary powers, that of conservators of the peace;[*] his + avarice appeared bare-faced, and might induce us to question the greatness + of his ambition, at least the largeness of his mind, if we had not reason + to think that he intended to employ his acquisitions as the instruments + for attaining further power and grandeur. He seized the estates of no less + than eighteen barons as his share of the spoil gained in the battle of + Lewes: he engrossed to himself the ransom of all the prisoners; and told + his barons, with a wanton insolence, that it was sufficient for them that + he had saved them by that victory from the forfeitures and attainders + which hung over them:[**] he even treated the earl of Glocester in the + same injurious manner, and applied to his own use the ransom of the king + of the Romans, who in the field of battle had yielded himself prisoner to + that nobleman. Henry, his eldest son, made a monopoly of all the wool in + the kingdom, the only valuable commodity for foreign markets which it at + that time produced.[***] The inhabitants of the cinque ports, during the + present dissolution of government, betook themselves to the most + licentious piracy, preyed on the ships of all nations, threw the mariners + into the sea, and by these practices, soon banished all merchants from the + English coasts and harbors. Every foreign commodity rose to an exorbitant + price, and woollen cloth, which the English had not then the art of + dyeing, was worn by them white, and without receiving the last hand of the + manufacturer. In answer to the complaints which arose on this occasion, + Leicester replied that the kingdom could well enough subsist within + itself, and needed no intercourse with foreigners. And it was found that + he even combined with the pirates of the cinque ports, and received as his + share the third of their prizes.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 792. + + ** Knyghton, p. 2451. + + *** Chron. T. Wykes, p. 65. + + **** Chron. T. Wykes, p. 6. +</pre> + <p> + No further mention was made of the reference to the king of France, so + essential an article in the agreement of Lewes; and Leicester summoned a + parliament, composed altogether of his own partisans, in order to rivet, + by their authority, that power which he had acquired by so much violence, + and which he used with so much tyranny and injustice. An ordinance was + there passed, to which the king’s consent had been previously extorted, + that every act of royal power should be exercised by a council of nine + persons, who were to be chosen and removed by the majority of three, + Leicester himself, the earl of Glocester, and the bishop of Chichester.[*] + By this intricate plan of government, the sceptre was really put into + Leicester’s hands; as he had the entire direction of the bishop of + Chichester, and thereby commanded all the resolutions of the council of + three, who could appoint or discard at pleasure every member of the + supreme council. + </p> + <p> + But it was impossible that things could long remain in this strange + situation. It behoved Leicester either to descend with some peril into the + rank of a subject, or to mount up with no less into that of a sovereign; + and his ambition, unrestrained either by fear or by principle, gave too + much reason to suspect him of the latter intention. Meanwhile he was + exposed to anxiety from every quarter; and felt that the smallest incident + was capable of overturning that immense and ill-cemented fabric which he + had reared. The queen, whom her husband had left abroad, had collected in + foreign parts an army of desperate adventurers, and had assembled a great + number of ships, with a view of invading the kingdom, and of bringing + relief to her unfortunate family. Lewis, detesting Leicester’s usurpations + and perjuries, and disgusted at the English barons, who had refused to + submit to his award, secretly favored all her enterprises, and was + generally believed to be making preparations for the same purpose. An + English army, by the pretended authority of the captive king, was + assembled on the sea-coast, to oppose this projected invasion;[**] but + Leicester owed his safety more to cross winds, which long detained and at + last dispersed and ruined the queen’s fleet, than to any resistance which, + in their present situation, could have been expected from the English. + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 793. Brady’s Appeals, No. 213. + + ** Brady’s Appeals, No. 216, 217. Chron. Dunst. vol. i. p + 373 M. West, p. 385. +</pre> + <p> + Leicester found himself better able to resist the spiritual thunders which + were levelled against him. The pope, still adhering to the king’s cause + against the barons, despatched Cardinal Guido as his legate into England, + with orders to excommunicate by name the three earls, Leicester, + Glocester, and Norfolk, and all others in general, who concurred in the + oppression and captivity of their sovereign.[*] Leicester menaced the + legate with death if he set foot within the kingdom; but Guido, meeting in + France the bishops of Winchester, London, and Worcester, who had been sent + thither on a negotiation, commanded them, under the penalty of + ecclesiastical censures, to carry his bull into England, and to publish it + against the barons. When the prelates arrived off the coast, they were + boarded by the piratical mariners of the cinque ports, to whom probably + they gave a hint of the cargo which they brought along with them: the bull + was torn and thrown into the sea; which furnished the artful prelates with + a plausible excuse for not obeying the orders of the legate. Leicester + appealed from Guido to the pope in person; but before the ambassadors + appointed to defend his cause could reach Rome, the pope was dead; and + they found the legate himself, from whom they had appealed, seated on the + papal throne, by the name of Urban IV. That daring leader was nowise + dismayed with this incident; and as he found that a great part of his + popularity in England was founded on his opposition to the court of Rome, + which was now become odious, he persisted with the more obstinacy in the + prosecution of his measures. + </p> + <p class="side"> + 1265. + </p> + <p> + That he might both increase and turn to advantage his popularity, + Leicester summoned a new parliament in London, where he knew his power was + uncontrollable; and he fixed this assembly on a more democratical basis + than any which had ever been summoned since the foundation of the + monarchy. Besides the barons of his own party, and several ecclesiastics, + who were not immediate tenants of the crown, he ordered returns to be made + of two knights from each shire, and, what is more remarkable, of deputies + from the boroughs, an order of men which, in former ages, had always been + regarded as too mean to enjoy a place in the national councils.[**] This + period is commonly esteemed the epoch of the house of commons in England; + and it is certainly the first time that historians speak of any + representatives sent to parliament by the boroughs and even in the most + particular narratives delivered of parliamentary transactions, as in the + trial of Thomas à Becket, where the events of each day, and almost of each + hour, are carefully recorded by contemporary authors,[***] there is not, + throughout the whole, the least appearance of a house of commons. + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 798. Chron. Dunst. vol. i. p. 373. + + ** Rymer, vol. i. p. 802. + + *** Fitz-Stephen, Hist. Quadrip. Hoveden, etc. +</pre> + <p> + In all the general accounts given in preceding times of those assemblies, + the prelates and barons only are mentioned as the constituent members. But + though that house derived its existence from so precarious and even so + invidious an origin as Leicester’s usurpation, it soon proved, when + summoned by the legal princes, one of the most useful, and, in process of + time, one of the most powerful members of the national constitution; and + gradually rescued the kingdom from aristocratical as well as from regal + tyranny. But Leicester’s policy, if we must ascribe to him so great a + blessing, only forwarded by some years an institution, for which the + general state of things had already prepared the nation; and it is + otherwise inconceivable, that a plant, set by so inauspicious a hand, + could have attained to so vigorous a growth, and have flourished in the + midst of such tempests and convulsions. The feudal system, with which the + liberty, much more the power of the commons, was totally incompatible, + began gradually to decline; and both the king and the commonalty, who felt + its inconveniencies, contributed to favor this new power, which was more + submissive than the barons to the regular authority of the crown, and at + the same time afforded protection to the inferior orders of the state. + </p> + <p> + Leicester, having thus assembled a parliament of his own model, and + trusting to the attachment of the populace of London, seized the + opportunity of crushing his rivals among the powerful barons. Robert de + Ferrers, earl of Derby, was accused in the king’s name, seized, and + committed to custody, without being brought to any legal trial.[*] John + Gifford, menaced with the same fate, fled from London, and took shelter in + the borders of Wales. Even the earl of Glocester, whose power and + influence had so much contributed to the success of the barons, but who of + late was extremely disgusted with Leicester’s arbitrary conduct, found + himself in danger from the prevailing authority of his ancient + confederate; and he retired from parliament.[**] This known dissension + gave courage to all Leicester’s enemies and to the king’s friends; who + were now sure of protection from so potent a leader. + </p> +<pre xml:space="preserve"> + * Chron. T. Wykes, p. 66. Ann. Waverl. p. 216. + + ** M. Paris, p. 671. Ann. Waverl. p. 211. +</pre> + <p> + Though Roger Mortimer, Hamond l’Estrange, and other powerful marchers of + Wales, had been obliged to leave the kingdom, their authority still + remained over the territories subjected to their jurisdiction; and there + were many others who were disposed to give disturbance to the new + government. The animosities inseparable from the feudal aristocracy, broke + out with fresh violence, and threatened the kingdom with new convulsions + and disorders. + </p> + <p> + The earl of Leicester, surrounded with these difficulties, embraced a + measure, from which he hoped to reap some present advantages, but which + proved in the end the source of all his future calamities. The active and + intrepid Prince Edward had anguished in prison ever since the fatal battle + of Lewes; and as he was extremely popular in the kingdom there arose a + general desire of seeing him again restored to liberty.[*] Leicester, + finding that he could with difficulty oppose the concurring wishes of the + nation, stipulated with the prince, that, in return, he should order his + adherents to deliver up to the barons all their castles, particularly + those on the borders of Wales; and should swear neither to depart the + kingdom during three years, nor introduce into it any foreign forces.[**] + The king took an oath to the same effect, and he also passed a charter in + which he confirmed the agreement or Mise of Lewes; and even permitted his + subjects to rise in arms against him, if he should ever attempt to + infringe it.[***] So little care did Leicester take, though he constantly + made use of the authority of this captive prince, to preserve to him any + appearance of royalty or kingly prerogatives. + </p> +<pre xml:space="preserve"> + * Knyghton, p. 2451. + + ** Ann. Waverl. p. 216. + + *** Blackstone’s Mag. Chart. Chron. Dunst. vol. i. p. 378. +</pre> + <p> + In consequence of this treaty, Prince Edward was brought into Westminster + Hall, and was declared free by the barons: but instead of really + recovering his liberty, as he had vainly expected, he found that the whole + transaction was a fraud on the part of Leicester; that he himself still + continued a prisoner at large, and was guarded by the emissaries of that + nobleman; and that, while the faction reaped all the benefit from the + performance of his part of the treaty, care was taken that he should enjoy + no advantage by it. As Glocester, on his rupture with the barons, had + retired for safety to his estates on the borders of Wales, Leicester + followed him with an army to Hereford,[*] continued still to menace ana + negotiate, and that he might add authority to his cause, he carried both + the king and prince along with him. The earl of Glocester here concerted + with young Edward the manner of that prince’s escape. He found means to + convey to him a horse of extraordinary swiftness; and appointed Roger + Mortimer who had returned into the kingdom, to be ready at hand with a + small party to receive the prince, and to guard him to a place of safety. + Edward pretended to take the air with some of Leicester’s retinue, who + were his guards; and making matches between their horses, after he thought + he had tired and blown them sufficiently, he suddenly mounted Glocester’s + horse, and called to his attendants that he had long enough enjoyed the + pleasure of their company, and now bade them adieu. They followed him for + some time without being able to overtake him; and the appearance of + Mortimer with his company put an end to their pursuit. + </p> +<pre xml:space="preserve"> + * Chron. T. Wykes, p. 67. Ann. Waverl. p. 218. W. Heming, p. + 585. Chron Durst. vil. i i. p. 383, 384. +</pre> + <p> + The royalists, secretly prepared for this event, immediately flew to arms; + and the joy of this gallant prince’s deliverance, the oppressions under + which the nation labored, the expectation of a new scene of affairs, and + the countenance of the earl of Glocester, procured Edward an army which + Leicester was utterly unable to withstand. This nobleman found himself in + a remote quarter of the kingdom; surrounded by his enemies; barred from + all communication with his friends by the Severn, whose bridges Edward had + broken down; and obliged to fight the cause of his party under these + multiplied disadvantages. In this extremity he wrote to his son, Simon de + Mountfort, to hasten from London with an army for his relief; and Simon + had advanced to Kenilworth with that view, where, fancying that all + Edward’s force and attention were directed against his father, he lay + secure and unguarded. But the prince, making a sudden and forced march, + surprised him in his camp, dispersed his army, and took the earl of Oxford + and many other noblemen prisoners, almost without resistance. Leicester, + ignorant of his son’s fate, passed the Severn in boats during Edward’s + absence, and lay at Evesham, in expectation of being every hour joined by + his friends from London; when the prince, who availed himself of every + favorable moment, appeared in the field before him. Edward made a body of + his troops advance from the road which led to Kenilworth, and ordered them + to carry the banners taken from Simon’s army; while he himself, making a + circuit with the rest of his forces, purposed to attack the enemy on the + other quarter. Leicester was long deceived by this stratagem, and took one + division of Edward’s army for his friends; but at last, perceiving his + mistake, and observing the great superiority and excellent disposition of + the royalists, he exclaimed, that they had learned from him the art of + war; adding, “The Lord have mercy on our souls, for I see our bodies are + the prince’s!” The battle immediately began, though on very unequal terms. + Leicester’s army, by living in the mountains of Wales without bread, which + was not then much used among the inhabitants, had been extremely weakened + by sickness and desertion, and was soon broken by the victorious + royalists; while his Welsh allies, accustomed only to a desultory kind of + war, immediately took to flight, and were pursued with great slaughter. + Leicester himself, asking for quarter, was slain in the heat of the + action, with his eldest son Henry, Hugh le Despenser, and about one + hundred and sixty knights, and many other gentlemen of his party. The old + king had been purposely placed by the rebels in the front of the battle, + and being clad in armor, and thereby not known by his friends, he received + a wound, and was in danger of his life; but crying out, “I am Henry of + Winchester, your king,” he was saved, and put in a place of safety by his + son, who flew to his rescue. + </p> + <p> + The violence, ingratitude, tyranny, rapacity, and treachery of the earl of + Leicester, give a very bad idea of his moral character, and make us regard + his death as the most fortunate event which, in this conjuncture, could + have happened to the English nation: yet must we allow the man to have + possessed great abilities, and the appearance of great virtues, who, + though a stranger, could, at a time when strangers were the most odious + and the most universally decried, have acquired so extensive an interest + in the kingdom, and have so nearly paved his way to the throne itself. His + military capacity, and his political craft, were equally eminent: he + possessed the talents both of governing men and conducting business; and + though his ambition was boundless, it seems neither to have exceeded his + courage nor his genius; and he had the happiness of making the low + populace, as well as the haughty barons, coöperate towards the success of + his selfish and dangerous purposes. A prince of greater abilities and + vigor than Henry might have directed the talents of this nobleman either + to the exaltation of his throne or to the good of his people but the + advantages given to Leicester, by the weak and variable administration of + the king, brought on the ruin of royal authority, and produced great + confusions in the kingdom which, however, in the end, preserved and + extremely improved national liberty and the constitution. His popularity, + even after his death, continued so great, that, though he was + excommunicated by Rome, the people believed him to be a saint; and many + miracles were said to be wrought upon his tomb.[*] + </p> + <p class="side"> + 1266. + </p> + <p> + The victory of Evesham, with the death of Leicester, proved decisive in + favor of the royalists, and made an equal though an opposite impression on + friends and enemies, in every part of England. The king of the Romans + recovered his liberty: the other prisoners of the royal party were not + only freed, but courted by their keepers; Fitz-Richard, the seditious + mayor of London, who had marked out forty of the most wealthy citizens for + slaughter, immediately stopped his hand on receiving intelligence of this + great event; and almost all the castles, garrisoned by the barons, + hastened to make their submissions, and to open their gates to the king. + The Isle of Axholme alone, and that of Ely, trusting to the strength of + their situation, ventured to make resistance; but were at last reduced, as + well as the Castle of Dover, by the valor and activity of Prince + Edward.[**] Adam de Gourdon, a courageous baron, maintained himself during + some time in the forests of Hampshire, committed depredations in the + neighborhood, and obliged the prince to lead a body of troops into that + country against him. Edward attacked the camp of the rebels; and being + transported by the ardor of battle, leaped over the trench with a few + followers, and encountered Gourdon in single combat. The victory was long + disputed between these valiant combatants; but ended at last in the + prince’s favor, who wounded his antagonist, threw him from his horse, and + took him prisoner. He not only gave him his life; but introduced him that + very night to the queen at Guildford, procured him his pardon, restored + him to his estate, received him into favor, and was ever after faithfully + served by him.[***] + </p> +<pre xml:space="preserve"> + * Chron. de Mailr. p. 232. + + ** M. Paris p. 676. W. Heming. p. 588. + + *** M. Paris, p 575 +</pre> + <p> + A total victory of the sovereign over so extensive a rebellion commonly + produces a revolution of government, and strengthens, as well as enlarges, + for some time, the prerogatives of the crown; yet no sacrifices of + national liberty were made on this occasion; the Great Charter remained + still inviolate; and the king, sensible that his own barons, by whose + assistance alone he had prevailed, were no less jealous of their + independence than the other party, seems thenceforth to have more + carefully abstained from all those exertions of power which had afforded + so plausible a pretence to the rebels. The clemency of this victory is + also remarkable; no blood was shed on the scaffold; no attainders, except + of the Mountfort family, were carried into execution; and though a + parliament, assembled at Winchester, attainted all those who had borne + arms against the king, easy compositions were made with them for their + lands;[*] and the highest sum levied on the most obnoxious offenders + exceeded not five years’ rent of their estate. Even the earl of Derby, who + again rebelled, after having been pardoned and restored to his fortune, + was obliged to pay only seven years’ rent, and was a second time restored. + The mild disposition of the king, and the prudence of the prince, tempered + the insolence of victory and gradually restored order to the several + members of the state, disjointed by so long a continuance of civil wars + and commotions. + </p> + <p> + The city of London, which had carried farthest the rage and animosity + against the king, and which seemed determined to stand upon its defence + after almost all the kingdom had submitted, was, after some interval, + restored to most of its liberties and privileges; and Fitz-Richard, the + mayor, who had been guilty of so much illegal violence, was only punished + by fine and imprisonment. The countess of Leicester, the king’s sister, + who had been extremely forward in all attacks on the royal family, was + dismissed the kingdom with her two sons, Simon and Guy, who proved very + ungrateful for this lenity. Five years afterwards, they assassinated, at + Viterbo in Italy, their cousin Henry d’Allmaine, who at that very time was + endeavoring to make their peace with the king; and by taking sanctuary in + the church of the Franciscans, they escaped the punishment due to so great + an enormity.[**] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 675. + + ** Rymer, vol. i. p. 879; vol. ii. p. 4, 6. Chron. T. Wykes, + p. 94 W. Heming. p. 589. Trivet, p. 240. +</pre> + <p class="side"> + 1267. + </p> + <p> + The merits of the earl of Glocester, after he returned to his allegiance, + had been so great, in restoring the prince to his liberty, and assisting + him in his victories against the rebellious barons, that it was almost + impossible to content him in his demands; and his youth and temerity as + well as his great power, tempted him, on some new disgust, to raise again + the flames of rebellion in the kingdom. The mutinous populace of London at + his instigation took to arms; and the prince was obliged to levy an army + of thirty thousand men in order to suppress them. Even this second + rebellion did not provoke the king to any act of cruelty; and the earl of + Glocester himself escaped with total impunity. He was only obliged to + enter into a bond of twenty thousand marks, that he should never again be + guilty of rebellion; a strange method of enforcing the laws, and a proof + of the dangerous independence of the barons in those ages! These potent + nobles were, from the danger of the precedent, averse to the execution of + the laws of forfeiture and felony against any of their fellows; though + they could not, with a good grace, refuse to concur in obliging them to + fulfil any voluntary contract and engagement into which they had entered. + </p> + <p class="side"> + 1270. + </p> + <p> + The prince, finding the state of the kingdom tolerably composed, was + seduced by his avidity for glory, and by the prejudices of the age, as + well as by the earnest solicitations of the king of France, to undertake + an expedition against the infidels in the Holy Land;[*] and he endeavored + previously to settle the state in such a manner, as to dread no bad + effects from his absence. As the formidable power and turbulent + disposition of the earl of Glocester gave him apprehensions, he insisted + on carrying him along with him, in consequence of a vow which that + nobleman had made to undertake the same voyage: in the mean time, he + obliged him to resign some of his castles, and to enter into a new bond + not to disturb the peace of the kingdom.[**] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 677 + + ** Chron. T. Wykes, p. 90. +</pre> + <p> + He sailed from England with an army; and arrived in Lewis’s camp before + Tunis in Africa, where he found that monarch already dead, from the + intemperance of the climate and the fatigues of his enterprise. The great, + if not only weakness of this prince, in his government, was the imprudent + passion for crusades; but it was this zeal chiefly that procured him from + the clergy the title of St. Lewis, by which he is known in the French + history and if that appellation had not been so extremely prostituted as + to become rather a term of reproach, he seems, by his uniform probity and + goodness, as well as his piety, to have fully merited the title. He was + succeeded by his son Philip, denominated the Hardy; a prince of some + merit, though much inferior to that of his father. + </p> + <p class="side"> + 1271. + </p> + <p> + Prince Edward, not discouraged by this event, continued his voyage to the + Holy Land, where he signalized himself by acts of valor; revived the glory + of the English name in those parts; and struck such terror into the + Saracens, that they employed an assassin to murder him, who wounded him in + the arm, but perished in the attempt.[*] Meanwhile his absence from + England was attended with many of those pernicious consequences which had + been dreaded from it. The laws were not executed: the barons oppressed the + common people with impunity: they gave shelter on their estates to bands + of robbers, whom they employed in committing ravages on the estates of + their enemies: the populace of London returned to their usual + licentiousness: and the old king, unequal to the burden of public affairs, + called aloud for his gallant son to return,[**] and to assist him in + swaying that sceptre which was ready to drop from his feeble and + irresolute hands. At last, overcome by the cares of government and the + infirmities of age, he visibly declined, and he expired at St. Edmondsbury + in the sixty-fourth year of his age, and fifty-sixth of his reign;[***] + the longest reign that is to be met with in the English annals. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 678, 679. W. Heming, p. 520. + + ** Chron. Dunst. vol. i. p. 404. + + *** Kymer, vol. i. p. 869. M. Paris, p. 678. +</pre> + <p class="side"> + 1272. + </p> + <p> + His brother, the king of the Romans, (for he never attained the title of + emperor,) died about seven months before him. + </p> + <p> + The most obvious circumstance of Henry’s character is his incapacity for + government, which rendered him as much a prisoner in the hands of his own + ministers and favorites, and as little at his own disposal, as when + detained a captive in the hands of his enemies. From this source, rather + than from insincerity or treachery, arose his negligence in observing his + promises; and he was too easily induced, for the sake of present + convenience, to sacrifice the lasting advantages arising from the trust + and confidence of his people. Hence too were derived his profusion to + favorites, his attachment to strangers, the variableness of his conduct, + his hasty resentments, and his sudden forgiveness and return of affection. + </p> + <p> + Instead of reducing the dangerous power of his nobles, by obliging them to + observe the laws towards their inferiors, and setting them the salutary + example in his own government, he was seduced to imitate their conduct, + and to make his arbitrary will, or rather that of his ministers, the rule + of his actions. Instead of accommodating himself, by a strict frugality, + to the embarrassed situation in which his revenue had been left by the + military expeditions of his uncle, the dissipations of his father, and the + usurpations of the barons, he was tempted to levy money by irregular + exactions, which, without enriching himself, impoverished, at least + disgusted, his people. Of all men, nature seemed least to have fitted him + for being a tyrant, yet are there instances of oppression in his reign, + which, though derived from the precedents left him by his predecessors, + had been carefully guarded against by the Great Charter, and are + inconsistent with all rules of good government. And on the whole, we may + say, that greater abilities, with his good dispositions, would have + prevented him from falling into his faults, or with worse dispositions, + would have enabled him to maintain and defend them. + </p> + <p> + This prince was noted for his piety and devotion, and his regular + attendance on public worship; and a saying of his on that head is much + celebrated by ancient writers. He was engaged in a dispute with Lewis IX. + of France, concerning the preference between sermons and masses: he + maintained the superiority of the latter, and affirmed, that he would + rather have one hour’s conversation with a friend, than hear twenty of the + most elaborate discourses pronounced in his praise.[*] + </p> +<pre xml:space="preserve"> + * Walsing. Edw. I. p. 43. +</pre> + <p> + Henry left two sons, Edward, his successor, and Edmond earl of Lancaster; + and two daughters, Margaret, queen of Scotland, and Beatrix, duchess of + Brittany. He had five other children, who died in their infancy. + </p> + <p> + The following are the most remarkable laws enacted during this reign. + There had been great disputes between the civil and ecclesiastical courts + concerning bastardy. The common law had deemed all those to be bastards + who were born before wedlock; by the canon law they were legitimate: and + when any dispute of inheritance arose, it had formerly been usual for the + civil courts to issue writs to the spiritual, directing them to inquire + into the legitimacy of the person. The bishop always returned an answer + agreeable to the canon law, though contrary to the municipal law of the + kingdom. For this reason, the civil courts had changed the terms of their + writ; and instead of requiring the spiritual courts to make inquisition + concerning the legitimacy of the person, they only proposed the simple + question of fact, whether he were born before or after wedlock. The + prelates complained of this practice to the parliament assembled at Merton + in the twentieth of this king, and desired that the municipal law might be + rendered conformable to the canon; but received from all the nobility the + memorable reply, “Nolumus leges Angliae mutare.” We will not change the + laws of England.[*] + </p> + <p> + After the civil wars, the parliament summoned at Marlebridge gave their + approbation to most of the ordinances which had been established by the + reforming barons, and which though advantageous to the security of the + people, had not received the sanction of a legal authority. Among other + laws, it was there enacted, that all appeals from the courts of inferior + lords should be carried directly to the king’s courts, without passing + through the courts of the lords immediately superior.[**] It was ordained, + that money should bear no interest during the minority of the debtor.[***] + This law was reasonable, as the estates of minors were always in the hands + of their lords, and the debtors could not pay interest where they had no + revenue. The charter of King John had granted this indulgence: it was + omitted in that of Henry III., for what reason is not known; but it was + renewed by the statute of Marlebridge. Most of the other articles of this + statute are calculated to restrain the oppressions of sheriffs, and the + violence and iniquities committed in distraining cattle and other goods. + Cattle and the instruments of husbandry formed at that time the chief + riches of the people. + </p> + <p> + In the thirty-fifth year of this king, an assize was fixed of bread, the + price of which was settled according to the different prices of corn, from + one shilling a quarter to seven shillings and sixpence,[****] money of + that age. These great variations are alone a proof of bad tillage:[*****] + yet did the prices often rise much higher than any taken notice of by the + statute. + </p> +<pre xml:space="preserve"> + * Statute of Merton, chap. 9. + + ** Statute of Marlb. chap. 20. + + *** Ibid. chap. 16. + + **** Statutes at large, p. 6. + + iii. cap. 81, 92,) that the price of corn in Sicily was, + during the preetorship of Sacerdos five denarii amodius; + during that of Verres, which immediately succeeded, only two + sesterces; that is, ten times lower; a presumption, or + rather a proof, of the very bad state of tillage in ancient + times. +</pre> + <p> + The Chronicle of Dunstable tells us, that in this reign wheat was once + sold for a mark, nay, for a pound a quarter; that is, three pounds of our + present money.[*] The same law affords us a proof of the little + communication between the parts of the kingdom, from the very different + prices which the same commodity bore at the same time. A brewer, says the + statute, may sell two gallons of ale for a penny in cities, and three or + four gallons for the same price in the country. At present, such + commodities, by the great consumption of the people, and the great stocks + of the brewers, are rather cheapest in cities. The Chronicle above + mentioned observes, that wheat one year was sold in many places for eight + shillings a quarter, but never rose in Dunstable above a crown. + </p> +<pre xml:space="preserve"> + * So also Knyghton, p. 2444. +</pre> + <p> + Though commerce was still very low, it seems rather to have increased + since the conquest; at least, if we may judge of the increase of money by + the price of corn. The medium between the highest and lowest prices of + wheat, assigned by the statute, is four shillings and threepence a + quarter; that is, twelve shillings and ninepence of our present money. + This is near half of the middling price in our time. Yet the middling + price of cattle, so late as the reign of King Richard, we find to be above + eight, near ten times lower than the present. Is not this the true + inference, from comparing these facts, that, in all uncivilized nations, + cattle, which propagate of themselves, bear always a lower price than + corn, which requires more art and stock to render it plentiful than those + nations are possessed of? It is to be remarked, that Henry’s assize of + corn was copied from a preceding assize established by King John; + consequently, the prices which we have here compared of corn and cattle + may be looked on as contemporary; and they were drawn, not from one + particular year, but from an estimation of the middling prices for a + series of years. It is true, the prices assigned by the assize of Richard + were meant as a standard for the accompts of sheriffs and escheators and + as considerable profits were allowed to these ministers, we may naturally + suppose that the common value of cattle was somewhat higher: yet still, so + great a difference between the prices of corn and cattle as that of four + to one, compared to the present rates, affords important reflections + concerning the very different state of industry and tillage in the two + periods. + </p> + <p> + Interest had in that age mounted to an enormous height, as might be + expected from the barbarism of the times and men’s ignorance of commerce. + Instances occur of fifty per cent. paid for money.[*] There is an edict of + Philip Augustus, near this period, limiting the Jews in France to + forty-eight per cent.[**] Such profits tempted the Jews to remain in the + kingdom, notwithstanding the grievous oppressions to which, from the + prevalent bigotry and rapine of the age, they were continually exposed. It + is easy to imagine how precarious their state must have been under an + indigent prince, somewhat restrained in his tyranny over his native + subjects, but who possessed an unlimited authority over the Jews, the sole + proprietors of money in the kingdom, and hated on account of their riches, + their religion, and their usury; yet will our ideas scarcely come up to + the extortions which in fact we find to have been practised upon them. In + the year 1241, twenty thousand marks were exacted from them;[***] two + years after money was again extorted; and one Jew alone, Aaron of York, + was obliged to pay above four thousand marks;[****] in 1250, Henry renewed + his oppressions; and the same Aaron was condemned to pay him thirty + thousand marks upon an accusation of forgery;[*****] the high penalty + imposed upon him, and which, it seems, he was thought able to pay, is + rather a presumption of his innocence than of his guilt. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 586. + + ** Brussel, Traité des Fiefs, vol. i, p. 576. + + *** M. Paris, p. 372. + + **** M. Paris, p. 410. + +</pre> + <p> + In 1255, the king demanded eight thousand marks from the Jews, and + threatened to hang them if they refused compliance. They now lost all + patience, and desired leave to retire with their effects out of the + kingdom. But the king replied, “How can I remedy the oppressions you + complain of? I am myself a beggar. I am spoiled, I am stripped of all my + revenues; I owe above two hundred thousand marks; and if I had said three + hundred thousand, I should not exceed the truth; I am obliged to pay my + son, Prince Edward, fifteen thousand marks a year; I have not a farthing; + and I must have money from any hand, from any quarter, or by any means.” + He then delivered over the Jews to the earl of Cornwall, that those whom + the one brother had flayed, the other might embowel, to make use of the + words of the historian.[*] King John, his father, once demanded ten + thousand marks from a Jew of Bristol; and on his refusal, ordered one of + his teeth to be drawn every day till he should comply. The Jew lost seven + teeth, and then paid the sum required of him.[**] One talliage laid upon + the Jews, in 1243, amounted to sixty thousand marks;[***] a sum equal to + the whole yearly revenue of the crown. + </p> + <p> + To give a better pretence for extortions, the improbable and absurd + accusation, which has been at different times advanced against that + nation, was revived in England, that they had crucified a child in + derision of the sufferings of Christ. Eighteen of them were hanged at once + for this crime;[****] though it is nowise credible that even the antipathy + borne them by the Christians, and the oppressions under which they + labored, would ever have pushed them to be guilty of that dangerous + enormity. But it is natural to imagine, that a race exposed to such + insults and indignities, both from king and people, and who had so + uncertain an enjoyment of their riches, would carry usury to the utmost + extremity, and by their great profits make themselves some compensation + for their continual perils. + </p> + <p> + Though these acts of violence against the Jews proceeded much from + bigotry, they were still more derived from avidity and rapine. So far from + desiring in that age to convert them, it was enacted by law in France, + that if any Jew embraced Christianity, he forfeited all his goods, without + exception, to the king or his superior lord. These plunderers were careful + lest the profits accruing from their dominion over that unhappy race + should be diminished by their conversion.[*****] + </p> + <p> + Commerce must be in a wretched condition where interest was so high, and + where the sole proprietors of money employed it in usury only, and were + exposed to such extortion and injustice. But the bad police of the country + was another obstacle to improvements, and rendered all communication + dangerous, and all property precarious. The Chronicle of Dunstable + says,[******] that men were never secure in their houses, and that whole + villages were often plundered by bands of robbers, though no civil wars at + that time prevailed in the kingdom. + </p> +<pre xml:space="preserve"> + *M. Paris, p. 606. + + **M. Paris, p. 160. + + ***Madox, p. 152. + + ****M. Paris, p. 613. + + ******Vol. i. p. 155. +</pre> + <p> + In 1249, some years before the insurrection of the barons, two merchants + of Brabant came to the king at Winchester, and told him that they had been + spoiled of all their goods by certain robbers, whom they knew, because + they saw their faces every day in his court; that like practices prevailed + all over England, and travellers were continually exposed to the danger of + being robbed, bound, wounded, and murdered; that these crimes escaped with + impunity, because the ministers of justice themselves were in a + confederacy with the robbers; and that they, for their part, instead of + bringing matters to a fruitless trial by law, were willing, though + merchants, to decide their cause with the robbers by arms and a duel. The + king, provoked at these abuses, ordered a jury to be enclosed, and to try + the robbers: the jury, though consisting of twelve men of property in + Hampshire, were found to be also in a confederacy with the felons, and + acquitted them. Henry, in a rage, committed the jury to prison, threatened + them with severe punishment, and ordered a new jury to be enclosed, who, + dreading the fate of their fellows, at last found a verdict against the + criminals. Many of the king’s own household were discovered to have + participated in the guilt; and they said for their excuse, that they + received no wages from him, and were obliged to rob for a maintenance.[*] + “Knights and esquires,” says the Dictum of Kenilworth, “Who were robbers, + if they have no land, shall pay the half of their goods, and find + sufficient security to keep henceforth the peace of the kingdom.” Such + were the manners of the times! + </p> + <p> + One can the less repine, during the prevalence of such manners, at the + frauds and forgeries of the clergy; as it gives less disturbance to + society to take men’s money from them with their own consent, though by + deceits and lies, than to ravish it by open force and violence. During + this reign the papal power was at its summit, and was even beginning + insensibly to decline, by reason of the immeasurable avarice and + extortions of the court of Rome, which disgusted the clergy as well as + laity in every kingdom of Europe. England itself, though sunk in the + deepest abyss of ignorance and superstition, had seriously entertained + thoughts of shaking off the papal yoke;[**] and the Roman pontiff was + obliged to think of new expedients for rivetting it faster upon the + Christian world. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 509. + + ** M. Paris, p. 421. +</pre> + <p> + For this purpose, Gregory IX. published his decretals,[*] which are a + collection of forgeries favorable to the court of Rome, and consist of the + supposed decrees of popes in the first centuries. But these forgeries are + so gross, and confound so palpably all language, history, chronology, and + antiquities,—matters more stubborn than any speculative truths + whatsoever,—that even that church, which is not startled at the most + monstrous contradictions and absurdities, has been obliged to abandon them + to the critics. But in the dark period of the thirteenth century, they + parsed for undisputed and authentic; and men, entangled in the mazes of + this false literature, joined to the philosophy, equally false, of the + times, had nothing wherewithal to defend themselves, but some small + remains of common sense, which passed for profaneness and impiety, and the + indelible regard to self-interest, which, as it was the sole motive in the + priests for framing these impostures, served also, in some degree, to + protect the laity against them. + </p> +<pre xml:space="preserve"> + * Trivet, p. 191. +</pre> + <p> + Another expedient, devised by the church of Rome, in this period, for + securing her power, was the institution of new religious orders, chiefly + the Dominicans and Franciscans, who proceeded with all the zeal and + success that attend novelties; were better qualified to gain the populace + than the old orders, now become rich and indolent; maintained a perpetual + rivalship with each other in promoting their gainful superstitions; and + acquired a great dominion over the minds, and consequently over the + purses, of men, by pretending a desire of poverty and a contempt for + riches. The quarrels which arose between these orders, lying still under + the control of the sovereign pontiff, never disturbed the peace of the + church, and served only as a spur to their industry in promoting the + common cause; and though the Dominicans lost some popularity by their + denial of the immaculate conception,—a point in which they unwarily + engaged too far to be able to recede with honor,—they + counterbalanced this disadvantage by acquiring more solid establishments, + by gaining the confidence of kings and princes, and by exercising the + jurisdiction assigned them of ultimate judges and punishers of heresy. + Thus the several orders of monks became a kind of regular troops or + garrisons of the Romish church; and though the temporal interests of + society, still more the cause of true piety, were hurt, by their various + devices to captivate the populace, they proved the chief supports of that + mighty fabric of superstition, and, till the revival of true learning, + secured it from any dangerous invasion. + </p> + <p> + The trial by ordeal was abolished in this reign by order of council; a + faint mark of improvement in the age.[*] + </p> + <p> + Henry granted a charter to the town of Newcastle, in which he gave the + inhabitants a license to dig coal. This is the first mention of coal in + England. + </p> + <p> + We learn from Madox,[**] that this king gave at one time one hundred + shillings to Master Henry, his poet; also the same year he orders this + poet ten pounds. + </p> + <p> + It appears from Selden, that in the forty-seventh of this reign, a hundred + and fifty temporal and fifty spiritual barons were summoned to perform the + service, due by their tenures.[***] In the thirty-fifth of the subsequent + reign, eighty-six temporal barons, twenty bishops, and forty-eight abbots, + were summoned to a parliament convened at Carlisle.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 228. Spelman, p. 326. + + ** Page 208. + + *** Titles of Honor, part ii. chap. 3. + + **** Parliamentary Hist. vol. i. p. 151. +</pre> + <p> + <a name="link2HCH0002" id="link2HCH0002"> + <!-- H2 anchor --> </a> <a name="linkedward1" id="linkedward1"></a><br /> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XIII. + </h2> + <p> + <a name="linkimage-0002" id="linkimage-0002"> + <!-- IMG --></a> <a href="images/1_176_edward1.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_176_edward1_th.jpg" style="width:100%;" title="Edward I." alt="1_176_edward1.jpg Edward I. " /><br /> + </div> + <h2> + EDWARD I. + </h2> + <p class="side"> + 1272. + </p> + <p> + The English were as yet so little inured to obedience under a regular + government, that the death of almost every king, since the conquest, had + been attended with disorders, and the council, reflecting on the recent + civil wars, and on the animosities which naturally remain after these + great convulsions, had reason to apprehend dangerous consequences from the + absence of the son and successor of Henry. They therefore hastened to + proclaim Prince Edward, to swear allegiance to him, and to summon the + states of the kingdom, in order to provide for the public peace in this + important conjuncture.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 1 Walsing, p. 43. Trivet, p. 239. +</pre> + <p> + Walter Giffard, archbishop of York, the earl of Cornwall, son of Richard, + king of the Romans, and the earl of Glocester, were appointed guardians of + the realm, and proceeded peaceably to the exercise of their authority, + without either meeting with opposition from any of the people, or being + disturbed with emulation and faction among themselves. The high character + acquired by Edward during the late commotions, his military genius, his + success in subduing the rebels, his moderation in settling the kingdom, + had procured him great esteem, mixed with affection, among all orders of + men; and no one could reasonably entertain hopes of making any advantage + of his absence, or of raising disturbance in the nation. The earl of + Glocester himself, whose great power and turbulent spirit had excited most + jealousy, was forward to give proofs of his allegiance; and the other + malecontents, being destitute of a leader, were obliged to remain in + submission to the government. + </p> + <p> + Prince Edward had reached Sicily in his return from the Holy Land, when he + received intelligence of the death of his father; and he discovered a deep + concern on the occasion. At the same time, he learned the death of an + infant son, John whom his princess, Eleanor of Castile, had born him at + Acre, in Palestine; and as he appeared much less affected with that + misfortune, the king of Sicily expressed a surprise at this difference of + sentiment; but was told by Edward, that the death of a son was a loss + which he might hope to repair; the death of a father was a loss + irreparable.[*] + </p> + <p> + Edward proceeded homeward; but as he soon learned the quiet settlement of + the kingdom, he was in no hurry to take possession of the throne, but + spent near a year in France, before he made his appearance in England. + </p> + <p class="side"> + 1273. + </p> + <p> + In his passage by Chalons, in Burgundy, he was challenged by the prince of + the country to a tournament which he was preparing; and as Edward excelled + in those martial and dangerous exercises, the true image of war, he + declined not the opportunity of acquiring honor in that great assembly of + the neighboring nobles. But the image of war was here unfortunately turned + into the thing itself. Edward and his retinue were so successful in the + jousts, that the French knights, provoked at their superiority, made a + serious attack upon them, which was repulsed, and much blood was idly shed + in the quarrel.[**] This rencounter received the name of the petty battle + of Chalons. + </p> + <p class="side"> + 1274. + </p> + <p> + Edward went from Chalons to Paris, and did homage to Philip for the + dominions which he held in France.[***] He thence returned to Guienne, and + settled that province, which was in some confusion. He made his journey to + London through France; in his passage, he accommodated at Montreuil a + difference with Margaret, countess of Flanders, heiress of that + territory;[****] he was received with joyful acclamations by his people, + and was solemnly crowned at Westminster by Robert, archbishop of + Canterbury. + </p> +<pre xml:space="preserve"> + * Walsing. p. 44. Trivet. p. 240. + + ** Walsing. p. 44. Trivet. p. 241. M. West. p. 402. + + *** Walsing p. 45. + + **** Rymer. vol. ii. p. 32, 33. +</pre> + <p> + The king immediately applied himself to the reestablishment of his + kingdom, and to the correcting of those disorders which the civil + commotions and the loose administration of his father had introduced into + every part of government. The plan of his policy was equally generous and + prudent. He considered the great barons both as the immediate rivals of + the crown and oppressors of the people; and he purposed, by an exact + distribution of justice, and a rigid execution of the laws, to give at + once protection to the inferior orders of the state, and to diminish the + arbitrary power of the great, on which their dangerous authority was + chiefly founded. Making it a rule in his own conduct to observe, except on + extraordinary occasions, the privileges secured to them by the Great + Charter, he acquired a right to insist upon their observance of the same + charter towards their vassals and inferiors; and he made the crown be + regarded by all the gentry and commonalty of the kingdom, as the fountain + of justice, and the general asylum against oppression. + </p> + <p class="side"> + 1275. + </p> + <p> + Besides enacting several useful statutes, in a parliament which he + summoned at Westminster, he took care to inspect the conduct of all his + magistrates and judges, to displace such as were either negligent or + corrupt, to provide them with sufficient force for the execution of + justice, to extirpate all bands and confederacies of robbers, and to + repress those more silent robberies which were committed either by the + power of the nobles or under the countenance of public authority. By this + rigid administration, the face of the kingdom was soon changed; and order + and justice took place of violence and oppression: but amidst the + excellent institutions and public-spirited plans of Edward, there still + appears somewhat both of the severity of his personal character and of the + prejudices of the times. + </p> + <p> + As the various kinds of malefactors, the murderers, robbers, incendiaries, + ravishers, and plunderers, had become so numerous and powerful, that the + ordinary ministers of justice, especially in the western counties, were + afraid to execute the laws against them, the king found it necessary to + provide an extraordinary remedy for the evil; and he erected a new + tribunal, which, however useful, would have been deemed in times of more + regular liberty, a great stretch of illegal and arbitrary power. It + consisted of commissioners, who were empowered to inquire into disorders + and crimes of all kinds, and to inflict the proper punishments upon them. + The officers charged with this unusual commission, made their circuits + throughout the counties of England most infested with this evil, and + carried terror into all those parts of the kingdom. In their zeal to + punish crimes, they did not sufficiently distinguish between the innocent + and guilty; the smallest suspicion became a ground of accusation and + trial; the slightest evidence was received against criminals; prisons were + crowded with malefactors, real or pretended; severe fines were levied for + small offences; and the king, though his exhausted exchequer was supplied + by this expedient, found it necessary to stop the course of so great + rigor, and after terrifying and dissipating by this tribunal the gangs of + disorderly people in England, he prudently annulled the commission;[*] and + never afterwards renewed it. + </p> + <p> + Among the various disorders to which the kingdom was subject, no one was + more universally complained of than the adulteration of the coin; and as + this crime required more art than the English of that age, who chiefly + employed force and violence in their iniquities, were possessed of, the + imputation fell upon the Jews.[**] Edward also seems to have indulged a + strong prepossession against that nation; and this ill-judged zeal for + Christianity being naturally augmented by an expedition to the Holy Land, + he let loose the whole rigor of his justice against that unhappy people. + Two hundred and eighty of them were hanged at once for this crime in + London alone, besides those who suffered in other parts of the + kingdom.[***] + </p> +<pre xml:space="preserve"> + * Spel. Gloss, in verbo Trailbaston. But Spelman was either + mistaken in placing this commission in the fifth year of the + king, or it was renewed in 1305. See Rymer, vol. ii. p. 960. + Trivet, p. 838., M. West. p. 450. + + ** Walsing. p. 48 Heming. vol. i. p. 6. + + *** T. Wykes, p. 107. +</pre> + <p> + The houses and lands, (for the Jews had of late ventured to make purchases + of that kind,) as well as the goods of great multitudes, were sold and + confiscated; and the king, lest it should be suspected that the riches of + the sufferers were the chief part of their guilt, ordered a moiety of the + money raised by these confiscations to be set apart, and bestowed upon + such as were willing to be converted to Christianity. But resentment was + more prevalent with them than any temptation from their poverty; and very + few of them could be induced by interest to embrace the religion of their + persecutors. The miseries of this people did not here terminate. Though + the arbitrary talliages and exactions levied upon them had yielded a + constant and a considerable revenue to the crown, Edward prompted by his + zeal and his rapacity, resolved some time after[*] to purge the kingdom + entirely of that hated race, and to seize to himself at once their whole + property as the reward of his labor.[**] He left them only money + sufficient to bear their charges into foreign countries, where new + persecutions and extortions awaited them: but the inhabitants of the + cinque ports, imitating the bigotry and avidity of their sovereign, + despoiled most of them of this small pittance, and even threw many of them + into the sea; a crime for which the king, who was determined to be the + sole plunderer in his dominions, inflicted a capital punishment upon them. + No less than fifteen thousand Jews were at this time robbed of their + effects, and banished the kingdom: very few of that nation have since + lived in England: and as it is impossible for a nation to subsist without + lenders of money, and none will lend without a compensation, the practice + of usury, as it was then called, was thenceforth exercised by the English + themselves upon their fellow-citizens, or by Lombards and other + foreigners. It is very much to be questioned, whether the dealings of + these new usurers were equally open and unexceptionable with those of the + old. By a law of Richard, it was enacted, that three copies should be made + of every bond given to a Jew; one to be put into the hands of a public + magistrate, another into those of a man of credit, and a third to remain + with the Jew himself.[***] But as the canon law, seconded by the + municipal, permitted no Christian to take interest, all transactions of + this kind must, after the banishment of the Jews, have become more secret + and clandestine, and the lender, of consequence, be paid both for the use + of his money, and for the infamy and danger which he incurred by lending + it. + </p> +<pre xml:space="preserve"> + * In the year 1290. + + ** Walsing. p. 54. Heming. vol. i. p. 20. Trivet, p 266. + + *** Trivet, p. 128. +</pre> + <p> + The great poverty of the crown, though no excuse, was probably the cause + of this egregious tyranny exercised against the Jews; but Edward also + practised other more honorable means of remedying that evil. He employed a + strict frugality in the management and distribution of his revenue: he + engaged the parliament to vote him a fifteenth of all movables; the pope + to grant him the tenth of all ecclesiastical revenues for three years; and + the merchants to consent to a perpetual imposition of half a mark on every + sack of wool exported, and a mark on three hundred skins. He also issued + commissions to inquire into all encroachments on the royal demesne; into + the value of escheats, forfeitures, and Wardships; and into the means of + repairing or improving every branch of the revenue.[*] The commissioners, + in the execution of their office, began to carry matters too far against + the nobility, and to question titles to estates which had been transmitted + from father to son for several generations. Earl Warrenne, who had done + such eminent service in the late reign, being required to show his titles, + drew his sword; and subjoined, that William the bastard had not conquered + the kingdom for himself alone: his ancestor was a joint adventurer in the + enterprise; and he himself was determined to maintain what had from that + period remained unquestioned in his family. The king, sensible of the + danger, desisted from making further inquiries of this nature. + </p> + <p class="side"> + 1276. + </p> + <p> + But the active spirit of Edward could not long remain without employment. + He soon after undertook an enterprise more prudent for himself, and more + advantageous to his people. Lewellyn, prince of Wales, had been deeply + engaged with the Mountfort faction; had entered into all their + conspiracies against the crown; had frequently fought on their side; and, + till the battle of Evesham, so fatal to that party, had employed every + expedient to depress the royal cause, and to promote the success of the + barons. In the general accommodation made with the vanquished, Lewellyn + had also obtained his pardon; but as he was the most powerful, and + therefore the most obnoxious vassal of the crown, he had reason to + entertain anxiety about his situation, and to dread the future effects of + resentment and jealousy in the English monarch. For this reason he + determined to provide for his security by maintaining a secret + correspondence with his former associates; and he even made his addresses + to a daughter of the earl of Leicester, who was sent to him from beyond + sea, but being intercepted in her passage near the Isles of Scilly, was + detained in the court of England.[**] + </p> +<pre xml:space="preserve"> + * Ann. Waverl.p. 235. + + ** Walsing. p. 46, 47. Heming. vol. i. p. 5. Trivet, p. 248 +</pre> + <p> + This incident increasing the mutual jealousy between Edward and Lewellyn, + the latter, when required to come to England, and do homage to the new + king, scrupled to put himself in the hands of an enemy, desired a + safe-conduct from Edward, insisted upon having the king’s son and other + noblemen delivered to him as hostages, and demanded that his consort + should previously be set at liberty.[*] The king, having now brought the + state to a full settlement, was not displeased with this occasion of + exercising his authority, and subduing entirely the principality of Wales. + He refused all Lewellyn’s demands, except that of a safe-conduct; sent him + repeated summons to perform the duty of a vassal; levied an army to reduce + him to obedience; obtained a new aid of a fifteenth from parliament; and + marched out with certain assurance of success against the enemy. + </p> + <p class="side"> + 1277. + </p> + <p> + Besides the great disproportion of force between the kingdom and the + principality, the circumstances of the two states were entirely reversed; + and the same intestine dissensions which had formerly weakened England, + now prevailed in Wales, and had even taken place in the reigning family. + David and Roderic, brothers to Lewellyn, dispossessed of their inheritance + by that prince, had been obliged to have recourse to the protection of + Edward, and they seconded with all their interest, which was extensive, + his attempts to enslave their native country. The Welsh prince had no + resource but in the inaccessible situation of his mountains, which had + hitherto, through many ages, defended his forefathers against all attempts + of the Saxon and Norman conquerors; and he retired among the hills of + Snowdun, resolute to defend himself to the last extremity. But Edward, + equally vigorous and cautious, entering by the north with a formidable + army, pierced into the heart of the country; and having carefully explored + every road before him, and secured every pass behind him, approached the + Welsh army in its last retreat. He here avoided the putting to trial the + valor of a nation proud of its ancient independence, and inflamed with + animosity against its hereditary enemies; and he trusted to the slow, but + sure effects of famine, for reducing that people to subjection. The rude + and simple manners of the natives, as well as the mountainous situation of + their country, had made them entirely neglect tillage, and trust to + pasturage alone for their subsistence; a method of life which had + hitherto[*] secured them against the irregular attempts of the English, + out exposed them to certain ruin, when the conquest of the country was + steadily pursued, and prudently planned by Edward. Destitute of magazines, + cooped up in a narrow corner, they, as well as their cattle, suffered all + the rigors of famine; and Lewellyn, without being able to strike a stroke + for his independence, was at last obliged to submit at discretion, and + receive the terms imposed upon him by the victor.[**] He bound himself to + pay to Edward fifty thousand pounds, as a reparation of damages; to do + homage to the crown of England; to permit all the other barons of Wales, + except four near Snowdun, to swear fealty to the same crown; to relinquish + the country between Cheshire and the River Conway; to settle on his + brother Roderic a thousand marks a year, and on David five hundred; and to + deliver ten hostages as security for his future submission.[***] + </p> + <p> + Edward, on the performance of the other articles, remitted to the prince + of Wales the payment of the fifty thousand pounds;[****] which were + stipulated by treaty, and which, it is probable, the poverty of the + country made it absolutely impossible for him to levy. But, + notwithstanding this indulgence, complaints of iniquities soon arose on + the side of the vanquished: the English, insolent on their easy and + bloodless victory, oppressed the inhabitants of the districts which were + yielded to them: the lords marchers committed with impunity all kinds of + violence on their Welsh neighbors: new and more severe terms were imposed + on Lewellyn himself; and Edward, when the prince attended him at + Worcester, exacted a promise that he would retain no person in his + principality who should be obnoxious to the English monarch.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 68. Walsing, p. 46 Trivet, p. 247 + + ** T. Wykes, p. 105. + + *** Rymer, vol. ii. p. 88. Walsing. p. 47. Trivet, p. 251. + T. Wykes p. 106. + + **** Rymer, p. 92. + +</pre> + <p> + There were other personal insults which raised the indignation of the + Welsh, and made them determine rather to encounter a force which they had + already experienced to be so much superior, than to bear oppression from + the haughty victors. Prince David, seized with the national spirit, made + peace with his brother, and promised to concur in the defence of public + liberty. The Welsh flew to arms; and Edward, not displeased with the + occasion of making his conquest final and absolute, assembled all his + military tenants, and advanced into Wales with an army which the + inhabitants could not reasonably hope to resist. The situation of the + country gave the Welsh at first some advantage over Luke de Tany, one of + Edward’s captains, who had passed the Menau with a detachment;[*] but + Lewelly, being surprised by Mortimer, was defeated and slain in an action, + and two thousand of his followers were put to the sword.[**] David, who + succeeded him in the principality, could never collect an army sufficient + to face the English; and being chased from hill to hill, and hunted from + one retreat to another, was obliged to conceal himself under various + disguises, and was at last betrayed in his lurking-place to the enemy. + </p> + <p class="side"> + 1283. + </p> + <p> + Edward sent him in chains to Shrewsbury; and bringing him to a formal + trial before all the peers of England, ordered this sovereign prince to be + hanged, drawn, and quartered, as a traitor, for defending by arms the + liberties of his native country, together with his own hereditary + authority.[***] All the Welsh nobility submitted to the conqueror; the + laws of England, with the sheriffs and other ministers of justice, were + established in that principality; and though it was long before national + antipathies were extinguished, and a thorough union attained between the + people, yet this important conquest, which it had required eight hundred + years fully to effect, was at last, through the abilities of Edward, + completed by the English. + </p> + <p class="side"> + 1284 + </p> + <p> + The king, sensible that nothing kept alive the ideas of military valor and + of ancient glory so much as the traditional poetry of the people, which, + assisted by the power of music and the jollity of festivals, made deep + impression on the minds of the youth, gathered together all the Welsh + bards, and from a barbarous, though not absurd policy, ordered them to be + put to death.[****] + </p> +<pre xml:space="preserve"> + * Walsing. p. 50. Heming. vol. i p. 9. Trivet, p. 258. T + Wykes, p. 110. + + ** Heming. vol. i. p. 11. Trivet, p. 257. Ann. Waverl. p. + 235. + + *** Heming. vol. i. p. 12. Trivet, p. 269. Ann Waverl. p. + 288 T Wykes, p. 111. M. West. p. 411. + + **** Sir J. Wynne, p. 15. crown; and henceforth gives a + title to the eldest son of the kings of England. +</pre> + <p> + There prevails a vulgar story, which, as it well suits the capacity of the + monkish writers, is carefully recorded by them; that Edward, assembling + the Welsh, promised to give them a prince of unexceptionable manners, a + Welshman by birth, and one who could speak no other language. On their + acclamations of joy, and promise of obedience, he invested in the + principality his second son, Edward, then an infant, who had been born at + Carnarvon. The death of his eldest son Alphonso, soon after, made young + Edward heir of the monarchy; the principality of Wales was fully annexed. + </p> + <p> + <a name="linkimage-0003" id="linkimage-0003"> + <!-- IMG --></a> <a href="images/1_178_carnaryon.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_178_carnaryon_th.jpg" style="width:100%;" title="Carnarvon Castle" alt="1_178_carnaryon.jpg Carnarvon Castle " /><br /> + </div> + <p class="side"> + 1286. + </p> + <p> + The settlement of Wales appeared so complete to Edward, that in less than + two years after, he went abroad, in order to make peace between Alphonso, + king of Arragon, and Philip the Fair, who had lately succeeded his father, + Philip the Hardy, on the throne of France.[*] The difference between these + two princes had arisen about the kingdom of Sicily, which the pope, after + his hopes from England failed him, had bestowed on Charles, brother to St. + Lewis, and which was claimed upon other titles by Peter, king of Arragon, + father to Alphonso. Edward had powers from both princes to settle the + terms of peace, and he succeeded in his endeavors; but as the controversy + nowise regards England, we shall not enter into a detail of it. He staid + abroad above three years; and on his return found many disorders to have + prevailed, both from open violence and from the corruption of justice. + </p> + <p> + Thomas Chamberlain, a gentleman of some note, had assembled several of his + associates at Boston, in Lincolnshire, under pretence of holding a + tournament, an exercise practised by the gentry only; but in reality with + a view of plundering the rich fair of Boston, and robbing the merchants. + To facilitate his purpose, he privately set fire to the town; and while + the inhabitants were employed in quenching the flames, the conspirators + broke into the booths, and carried off the goods. Chamberlain himself was + detected and hanged; but maintained so steadily the point of honor to his + accomplices, that he could not be prevailed on, by offers or promises, to + discover any of them. Many other instances of robbery and violence broke + out in all parts of England; though the singular circumstances attending + this conspiracy have made it alone be particularly recorded by + historians.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 149,150, 174. + + ** Heming vol. i. p. 16, 17. +</pre> + <p class="side"> + 1289. + </p> + <p> + But the corruption of the judges, by which the fountains of justice were + poisoned, seemed of still more dangerous consequence. Edward, in order to + remedy this prevailing abuse, summoned a parliament, and brought the + judges to a trial; where all of them, except two, who were clergymen, were + convicted of this flagrant iniquity, were fined, and deposed. The amount + of the fines levied upon them is alone a sufficient proof of their guilt; + being above one hundred thousand marks, an immense sum in those days, and + sufficient to defray the charges of an expensive war between two great + kingdoms. The king afterwards made all the new judges swear that they + would take no bribes; but his expedient of deposing and fining the old + ones, was the more effectual remedy. + </p> + <p> + We now come to give an account of the state of affairs in Scotland, which + gave rise to the most interesting transactions of this reign, and of some + of the subsequent; though the intercourse of that kingdom with England, + either in peace or war, had hitherto produced so few events of moment, + that, to avoid tediousness, we have omitted many of them, and have been + very concise in relating the rest. If the Scots had, before this period, + any real history worthy of the name, except what they glean from scattered + passages in the English historians, those events, however minute, yet + being the only foreign transactions of the nation, might deserve a place + in it. + </p> + <p> + Though the government of Scotland had been continually exposed to those + factions and convulsions which are incident to all barbarous and to many + civilized nations; and though the successions of their kings, the only + part of their history which deserves any credit had often been disordered + by irregularities and usurpations; the true heir of the royal family had + still in the end prevailed, and Alexander III., who had espoused the + sister of Edward, probably inherited, after a period of about eight + hundred years, and through a succession of males, the sceptre of all the + Scottish princes who had governed the nation since its first establishment + in the island. This prince died in 1286, by a fall from his horse at + Kinghorn,[*] without leaving any male issue, and without any descendant, + except Margaret, born of Eric, king of Norway, and of Margaret, daughter + of the Scottish monarch. This princess, commonly called the Maid of + Norway, though a female, and an infant, and a foreigner, yet being the + lawful heir of the kingdom, had, through her grandfather’s care, been + recognized successor by the states of Scotland;[**] and on Alexander’s + death, the dispositions which had been previously made against that event, + appeared so just and prudent, that no disorders, as might naturally be + apprehended, ensued in the kingdom. + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 29. Trivet, p. 267. + + ** Rymer, vol. ii. p. 266. +</pre> + <p> + Margaret was acknowledged queen of Scotland; five guardians, the bishops + of St. Andrews and Glasgow, the earls of Fife and Buchan, and James, + steward of Scotland, entered peaceably upon the administration; and the + infant princess, under the protection of Edward, her great uncle, and + Eric, her father, who exerted themselves on this occasion, seemed firmly + seated on the throne of Scotland. The English monarch was naturally led to + build mighty projects on this incident; and having lately, by force of + arms, brought Wales under subjection, he attempted, by the marriage of + Margaret with his eldest son, Edward, to unite the whole island into one + monarchy, and thereby to give it security both against domestic + convulsions and foreign invasions. + </p> + <p class="side"> + 1290. + </p> + <p> + The amity which had of late prevailed between the two nations, and which, + even in former times, had never been interrupted by any violent wars or + injuries, facilitated extremely the execution of this project, so + favorable to the happiness and grandeur of both kingdoms; and the states + of Scotland readily gave their assent to the English proposals, and even + agreed that their young sovereign should be educated in the court of + Edward. Anxious, however, for the liberty and independency of their + country, they took care to stipulate very equitable conditions, ere they + intrusted themselves into the hands of so great and so ambitious a + monarch. It was agreed that they should enjoy all their ancient laws, + liberties, and customs; that in case young Edward and Margaret should die + without issue, the crown of Scotland should revert to the next heir, and + should be inherited by him free and independent; that the military tenants + of the crown should never be obliged to go out of Scotland, in order to do + homage to the sovereign of the united kingdoms, nor the chapters of + cathedral, collegiate, or conventual churches, in order to make elections; + that the parliaments summoned for Scottish affairs should always be held + within the bounds of that kingdom; and that Edward should bind himself, + under the penalty of one hundred thousand marks, payable to the pope for + the use of the holy wars to observe all these articles.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 482. +</pre> + <p> + It is not easy to conceive that two nations could have treated more on a + footing of equality than Scotland and England maintained during the whole + course of this transaction; and though Edward gave his assent to the + article concerning the future independency of the Scottish crown, with a + “saving of his former rights,” this reserve gave no alarm to the nobility + of Scotland, both because these rights, having hitherto been little heard + of had occasioned no disturbance, and because the Scots had so near a + prospect of seeing them entirely absorbed in the rights of their + sovereignty. + </p> + <p class="side"> + 1291. + </p> + <p> + But this project, so happily formed and so amicably conducted, failed of + success, by the sudden death of the Norwegian princess, who expired on her + passage to Scotland,[*] and left a very dismal prospect to the kingdom. + Though disorders were for the present obviated by the authority of the + regency formerly established, the succession itself of the crown was now + become an object of dispute; and the regents could not expect that a + controversy, which is not usually decided by reason and argument alone, + would be peaceably settled by them, or even by the states of the kingdom, + amidst so many powerful pretenders. The posterity of William, king of + Scotland, the prince taken prisoner by Henry II., being all extinct by the + death of Margaret of Norway, the right to the crown devolved on the issue + of David, earl of Huntingdon brother to William, whose male line being + also extinct, left the succession open to the posterity of his daughters. + The earl of Huntingdon had three daughters; Margaret, married to Alan, + lord of Galloway, Isabella, wife of Robert Brus or Bruce lord of + Annandale, and Adama, who espoused Henry, Lord Hastings. Margaret, the + eldest of the sisters, left one daughter, Devergilda, married to John + Baliol, by whom she had a son of the same name, one of the present + competitors for the crown: Isabella II. bore a son, Robert Bruce, who was + now alive, and who also insisted on his claim: Adama III. left a son, John + Hastings, who pretended that the kingdom of Scotland, like many other + inheritances, was divisible among the three daughters of the earl of + Huntingdon, and that he, in right of his mother, had a title to a third of + it. Baliol and Bruce united against Hastings, in maintaining that, the + kingdom was indivisible; but each of them, supported by plausible reasons, + asserted the preference of his own title. Baliol was sprung from the elder + branch: Bruce was one degree nearer the common stock: if the principle of + representation was regarded, the former had the better claim: if + propinquity was considered, the latter was entitled to the preference.[**] + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 30. Trivet, p. 268 + + ** Heming. vol. i. p. 36. +</pre> + <p> + The sentiments of men were divided: all the nobility had taken part on one + side or the other: the people followed implicitly their leaders: the two + claimants themselves had great power and numerous retainers in Scotland: + and it is no wonder that, among a rude people, more accustomed to arms + than inured to laws, a controversy of this nature, which could not be + decided by any former precedent among them, and which is capable of + exciting commotions in the most legal and best established governments, + should threaten the state with the most fatal convulsions. + </p> + <p> + Each century has its peculiar mode in conducting business; and men, guided + more by custom than by reason, follow, without inquiry, the manners which + are prevalent in their own time. The practice of that age in controversies + between states and princes, seems to have been to choose a foreign prince + as an equal arbiter, by whom the question was decided, and whose sentence + prevented those dismal confusions and disorders, inseparable at all times + from war, but which were multiplied a hundred fold, and dispersed into + every corner, by the nature of the feudal governments. It was thus that + the English king and barons, in the preceding reign, had endeavored to + compose their dissensions by a reference to the king of France; and the + celebrated integrity of that monarch had prevented all the bad effects + which might naturally have been dreaded from so perilous an expedient. It + was thus that the kings of France and Arragon, and afterwards other + princes, had submitted their controversies to Edward’s judgment; and the + remoteness of their states, the great power of the princes, and the little + interest which he had on either side, had induced him to acquit himself + with honor in his decisions. The parliament of Scotland, therefore, + threatened with a furious civil war, and allured by the great reputation + of the English monarch, as well as by the present amicable correspondence + between the kingdoms, agreed in making a reference to Edward; and Fraser, + bishop of St. Andrews, with other deputies, was sent to notify to him + their resolution, and to claim his good offices in the present dangers to + which they were exposed.[*] + </p> +<pre xml:space="preserve"> + * Heming, vol. i. p. 31. +</pre> + <p> + His inclination, they flattered themselves, led him to prevent their + dissensions, and to interpose with a power which none of the competitors + would dare to withstand: when this expedient was proposed by one party, + the other deemed it dangerous to object to it: indifferent persons thought + that the imminent perils of a civil war would thereby be prevented; and no + one reflected on the ambitious character of Edward, and the almost certain + ruin which must attend a small state divided by faction, when it thus + implicitly submits itself to the will of so powerful and encroaching a + neighbor. + </p> + <p> + The temptation was too strong for the virtue of the English monarch to + resist. He purposed to lay hold of the present favorable opportunity, and + if not to create, at least to revive, his claim of a feudal superiority + over Scotland; a claim which had hitherto lain in the deepest obscurity, + and which, if ever it had been an object of attention, or had been so much + as suspected, would have effectually prevented the Scottish barons from + choosing him for an umpire. He well knew that, if this pretension were + once submitted to, as it seemed difficult in the present situation of + Scotland to oppose it, the absolute sovereignty of that kingdom (which had + been the case with Wales) would soon follow; and that one great vassal, + cooped up in an island with his liege lord, without resource from foreign + powers, without aid from any fellow-vassals, could not long maintain his + dominions against the efforts of a mighty kingdom, assisted by all the + cavils which the feudal law afforded his superior against him. In pursuit + of this great object, very advantageous to England, perhaps in the end no + less beneficial to Scotland, but extremely unjust and iniquitous in + itself, Edward busied himself in searching for proofs of his pretended + superiority; and, instead of looking into his own archives, which, if his + claim had been real, must have afforded him numerous records of the + homages done by the Scottish princes, and could alone yield him any + authentic testimony, he made all the monasteries be ransacked for old + chronicles and histories written by Englishmen, and he collected all the + passages which seemed anywise to favor his pretensions.[*] Yet even in + this method of proceeding, which must have discovered to himself the + injustice of his claim, he was far from being fortunate. He began his + proofs from the time of Edward the Elder, and continued them through all + the subsequent Saxon and Norman times; but produced nothing to his + purpose.[**] + </p> +<pre xml:space="preserve"> + * Walsing. p. 55. + + ** Rymer, vol. ii. p, 559. +</pre> + <p> + The whole amount of his authorities during the Saxon period, when stripped + of the bombast and inaccurate style of the monkish historians, is, that + the Scots had sometimes been defeated by the English, had received peace + on disadvantageous terms, had made submissions to the English monarch, and + had even perhaps fallen into some dependence on a power which was so much + superior, and which they had not at that time sufficient force to resist. + His authorities from the Norman period were, if possible, still less + conclusive: the historians indeed make frequent mention of homage done by + the northern potentate; but no one of them says that it was done for his + kingdom; and several of them declare, in express terms that it was + relative only to the fiefs which he enjoyed south of the Tweed;[*] in the + same manner, as the king of England himself swore fealty to the French + monarch, for the fiefs which he inherited in France. And to such + scandalous shifts was Edward reduced, that he quotes a passage from + Hoveden[**] where it is asserted that a Scottish king had done homage to + England; but he purposely omits the latter part of the sentence, which + expresses that this prince did homage for the lands which he held in + England. + </p> + <p> + When William, king of Scotland, was taken prisoner in the battle of + Alnwick, he was obliged, for the recovery of his liberty, to swear fealty + to the victor for his crown itself. The deed was performed according to + all the rites of the feudal law: the record was preserved in the English + archives, and is mentioned by all the historians: but as it is the only + one of the kind, and as historians speak of this superiority as a great + acquisition gained by the fortunate arms of Henry II.,[***] there can + remain no doubt that the kingdom of Scotland was, in all former periods, + entirely free and independent. Its subjection continued a very few years: + King Richard, desirous, before his departure for the Holy Land, to + conciliate the friendship of William, renounced that homage, which, he + says in express terms, had been extorted by his father; and he only + retained the usual homage which had been done by the Scottish princes for + the lands which they held in England. + </p> +<pre xml:space="preserve"> + * Hoveden, p. 492, 662. M. Paris, p. 109. M. West. p. 256. + + ** Page 662. + + *** Neubr. lib. ii. cap. 4. Knyghton, p. 2392. +</pre> + <p> + But though this transaction rendered the independence of Scotland still + more unquestionable, than if no fealty had ever been sworn to the English + crown, the Scottish kings, apprised of the point aimed at by their + powerful neighbors, seem for a long time to have retained some jealousy on + that head, and, in doing homage, to have anxiously obviated all such + pretensions. When William, in 1200, did homage to John at Lincoln, he was + careful to insert a salvo for his royal dignity;[*] when Alexander III. + sent assistance to his father-in-law, Henry III., during the wars of the + barons, he previously procured an acknowledgment, that this aid was + granted only from friendship, not from any right claimed by the English + monarch;[**] and when that same prince was invited to assist at the + coronation of this very Edward, he declined attendance till he received a + like acknowledgment.[***] <a href="#linknote-1" name="linknoteref-1" id="linknoteref-1">1</a> + </p> + <p> + But as all these reasons (and stronger could not be produced) were but a + feeble rampart against the power of the sword, Edward, carrying with him a + great army, which was to enforce his proofs, advanced to the frontiers, + and invited the Scottish parliament, and all the competitors, to attend + him in the Castle of Norham, a place situated on the southern banks of the + Tweed, in order to determine the cause which had been referred to his + arbitration. But though this deference seemed due to so great a monarch, + and was no more than what his father and the English barons had, in + similar circumstances, paid to Lewis IX., the king, careful not to give + umbrage, and determined never to produce his claim till it should be too + late to think of opposition, sent the Scottish barons an acknowledgment, + that, though at that time they passed the frontiers, this step should + never be drawn into precedent, or afford the English kings a pretence for + exacting a like submission in any future transaction.[****] When the whole + Scottish nation had thus unwarily put themselves in his power, Edward + opened the conferences at Norham: he informed the parliament, by the mouth + of Roger le Brabançon, his chief justiciary, that he was come thither to + determine the right among the competitors to their crown; that he was + determined to do strict justice to all parties; and that he was entitled + to this authority, not in virtue of the reference made to him, but in + quality of superior and liege lord of the kingdom.[*****] <a + href="#linknote-2" name="linknoteref-2" id="linknoteref-2">2</a> + </p> +<pre xml:space="preserve"> + * Hoveden, p. 811. + + ** Rymer, vol. ii p 844. + + *** See note A. at the end of the volume. + + **** Rymer, vol. ii. p. 539, 845. Walsing. p. 58. + +</pre> + <p> + He then produced his proofs of this superiority, which he pretended to be + unquestionable, and he required of them an acknowledgment of it; a demand + which was superfluous if the fact were already known and avowed, and which + plainly betrays Edward’s consciousness of his lame and defective title. + The Scottish parliament was astonished at so new a pretension, and + answered only by their silence. But the king, in order to maintain the + appearance of free and regular proceedings, desired them to remove into + their own country, to deliberate upon his claim, to examine his proofs, to + propose all their objections, and to inform him of their resolution; and + he appointed a plain at Upsettleton, on the northern banks of the Tweed, + for that purpose. + </p> + <p> + When the Scottish barons assembled in this place, though moved with + indignation at the injustice of this unexpected claim, and at the fraud + with which it had been conducted, they found themselves betrayed into a + situation in which it was impossible for them to make any defence for the + ancient liberty and independence of their country. The king of England, a + martial and politic prince, at the head of a powerful army, lay at a very + small distance, and was only separated from them by a river fordable in + many places. Though, by a sudden flight, some of them might themselves be, + able to make their escape, what hopes could they entertain of securing the + kingdom against his future enterprises? Without a head, without union + among themselves, attached all of them to different competitors, whose + title they had rashly submitted to the decision of this foreign usurper, + and who were thereby reduced to an absolute dependence upon him, they + could only expect by resistance to entail on themselves and their + posterity a more grievous and more destructive servitude. Yet even in this + desperate state of their affairs the Scottish barons, as we learn from + Walsingham,[*] one of the best historians of that period, had the courage + to reply that, till they had a king, they could take no resolution on so + momentous a point: the journal of King Edward says, that they made no + answer at all;[**] that is, perhaps, no particular answer or objection to + Edward’s claim: and by this solution it is possible to reconcile the + journal with the historian. The king, therefore, interpreting their + silence as consent, addressed himself to the several competitors. + </p> +<pre xml:space="preserve"> + * Page 56. M. West. p. 436. It is said by Hemingford, vol. + i, p. 33, that the king menaced violently the Scotch barons, + and forced them to compliance, at least to silence. + + ** Rymer, vol. ii. p. 548. previously to his pronouncing + sentence, required their acknowledgment of his superiority. +</pre> + <p> + It is evident from the genealogy of the royal family of Scotland, that + there could only be two questions about the succession—that between + Baliol and Bruce on the one hand, and Lord Hastings on the other, + concerning the partition of the crown: and that between Baliol and Bruce + themselves concerning the preference of their respective titles, supposing + the kingdom indivisible: yet there appeared on this occasion no less than + nine claimants besides; John Comyn or Cummin, lord of Badenoch, Florence, + earl of Holland, Patric Dunbar, earl of March, William de Vescey, Robert + de Pynkeni, Nicholas de Soules, Patric Galythly, Roger de Mandeville, + Robert de Ross; not to mention the king of Norway, who claimed as heir to + his daughter Margaret.[*] Some of these competitors were descended from + more remote branches of the royal family; others were even sprung from + illegitimate children; and as none of them had the least pretence of + right, it is natural to conjecture that Edward had secretly encouraged + them to appear in the list of claimants, that he might sow the more + division among the Scottish nobility, make the cause appear the more + intricate, and be able to choose, among a great number, the most + obsequious candidate. + </p> + <p> + But he found them all equally obsequious on this occasion.[**] Robert + Bruce was the first that acknowledged Edward’s right of superiority over + Scotland; and he had so far foreseen the king’s pretensions, that even in + his petition, where he set forth his claim to the crown, he had previously + applied to him as liege lord of the kingdom; a step which was not taken by + any of the other competitors.[***] They all, however, with seeming + willingness, made a like acknowledgment when required; though Baliol, lest + he should give offence to the Scottish nation, had taken care to be absent + during the first days; and he was the last that recognized the king’s + title.[****] + </p> +<pre xml:space="preserve"> + * Walsing. p. 58. + + ** Rymer, vol. ii. p. 529, 545. Walsing. p. 56. Heming. + vol. i. 33, 34. Trivet, p. 260. M. West. p. 415. + + *** Rymer, vol. ii. p. 577, 578, 579. + + **** Rymer, vol. ii. p. 546. +</pre> + <p> + Edward next deliberated concerning the method of proceeding in the + discussion of this great controversy. He gave orders that Baliol, and such + of the competitors as adhered to him should choose forty commissioners; + Bruce and his adherents forty more: to these the king added twenty-four + Englishmen: he ordered these hundred and four commissioners to examine the + cause deliberately among themselves, and make their report to him:[*] and + he promised in the ensuing year to give his determination. Meanwhile he + pretended that it was requisite to have all the fortresses of Scotland + delivered into his hands, in order to enable him, without opposition, to + put the true heir in possession of the crown; and this exorbitant demand + was complied with, both by the states and by the claimants.[**] The + governors also of all the castles immediately resigned their command; + except Umfreville, earl of Angus, who refused, without a formal and + particular acquittal from the parliament and the several claimants, to + surrender his fortresses to so domineering an arbiter, who had given to + Scotland so many just reasons of suspicion.[***] Before this assembly + broke up, which had fixed such a mark of dishonor on the nation, all the + prelates and barons there present swore fealty to Edward; and that prince + appointed commissioners to receive a like oath from all the other barons + and persons of distinction in Scotland.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 555, 556. + + ** Rymer, vol. ii. p. 529. Walsing. p. 56, 57. + + *** Rymer, vol. ii. p. 531. + + **** Rymer, vol. ii p. 573. +</pre> + <p> + The king, having finally made, as he imagined, this important acquisition, + left the commissioners to sit at Berwick, and examine the titles of the + several competitors who claimed the precarious crown, which Edward was + willing for some time to allow the lawful heir to enjoy. He went + southwards, both in order to assist at the funeral of his mother, Queen + Eleanor, who died about this time, and to compose some differences which + had arisen among his principal nobility. Gilbert, earl of Glocester, the + greatest baron of the kingdom, had espoused the king’s daughter; and being + elated by that alliance, and still more by his own power, which, he + thought, set him above the laws, he permitted his bailiffs and vassals to + commit violence on the lands of Humphrey Bohun, earl of Hereford, who + retaliated the injury by like violence. But this was not a reign in which + such illegal proceedings could pass with impunity. Edward procured a + sentence against the two earls, committed them both to prison, and would + not restore them to their liberty, till he had exacted a fine of one + thousand marks from Hereford, and one of ten thousand from his son-in-law. + </p> + <p class="side"> + 1292. + </p> + <p> + During this interval, the titles of John Baliol and of Robert Bruce, whose + claims appeared to be the best founded among the competitors for the crown + of Scotland, were the subject of general disquisition, as well as of + debate among the commissioners. Edward, in order to give greater authority + to his intended decision, proposed this general question both to the + commissioners and to all the celebrated lawyers in Europe, “Whether a + person descended from the elder sister, but farther removed by one degree, + were preferable, in the succession of kingdoms, fiefs, and other + indivisible inheritances, to one descended from the younger sister, but + one degree nearer to the common stock?” This was the true state of the + case; and the principle of representation had now gained such ground every + where, that a uniform answer was returned to the king in the affirmative. + He therefore pronounced sentence in favor of Balioi; and when Bruce, upon + this disappointment, joined afterwards Lord Hastings, and claimed a third + of the kingdom, which he now pretended to be divisible, Edward, though his + interests seemed more to require the partition of Scotland, again + pronounced sentence in favor of Baliol. That competitor, upon renewing his + oath of fealty to England, was put in possession of the kingdom;[*] all + his fortresses were restored to him;[**] and the conduct of Edward, both + in the deliberate solemnity of the proceedings, and in the justice of the + award, was so far unexceptionable. + </p> + <p class="side"> + 1293. + </p> + <p> + Had the king entertained no other view than that of establishing his + superiority over Scotland, though the iniquity of that claim was apparent, + and was aggravated by the most egregious breach of trust, he might have + fixed his pretensions, and have left that important acquisition to his + posterity: but he immediately proceeded in such a manner as made it + evident that, not content with this usurpation, he aimed also at the + absolute sovereignty and dominion of the kingdom. Instead of gradually + inuring the Scots to the yoke, and exerting his rights of superiority with + moderation, he encouraged all appeals to England; required King John + himself, by six different summons on trivial occasions, to come to + London;[***] refused him the privilege of defending his cause by a + procurator; and obliged him to appear at the bar of his parliament as a + private person.[****] + </p> +<pre xml:space="preserve"> + * Rymer vol. ii. p. 590, 591, 593, 600. + + ** Rymer, voL ii p. 599. + + *** Rymer, p. 603, 605, 606, 608, 615, 616. + + **** Ryley’s Placit. Parl. p. 152, 153. +</pre> + <p> + These humiliating demands were hitherto quite unknown to a king of + Scotland: they are, however, the necessary consequence of vassalage by the + feudal law; and as there was no preceding instance of such treatment + submitted to by a prince of that country, Edward must, from that + circumstance alone, had there remained any doubt, have been himself + convinced that his claim was altogether a usurpation.[*] <a + href="#linknote-3" name="linknoteref-3" id="linknoteref-3">3</a> But his + intention plainly was to enrage Baliol by these indignities, to engage him + in rebellion, and to assume the dominion of the state as the punishment of + his treason and felony. Accordingly Baliol, though a prince of a soft and + gentle spirit, returned into Scotland highly provoked at this usage, and + determined at all hazards to vindicate his liberty; and the war which soon + after broke out between France and England, gave him a favorable + opportunity of executing his purpose. + </p> + <p> + The violence, robberies, and disorders, to which that age was so subject, + were not confined to the licentious barons and their retainers at land: + the sea was equally infested with piracy: the feeble execution of the laws + had given license to all orders of men: and a general appetite for rapine + and revenge, supported by a false point of honor, had also infected the + merchants and mariners; and it pushed them, on any provocation, to seek + redress by immediate retaliation upon the aggressors. A Norman and an + English vessel met off the coast near Bayonne; and both of them having + occasion for water, they sent their boats to land, and the several crews + came at the same time to the same spring: there ensued a quarrel for the + preference: a Norman, drawing his dagger, attempted to stab an Englishman; + who, grappling with him, threw his adversary on the ground; and the + Norman, as was pretended, falling on his own dagger, was slain.[**] This + scuffle between two seamen about water, soon kindled a bloody war between + the two nations, and involved a great part of Europe in the quarrel. The + mariners of the Norman ship carried their complaints to the French king: + Philip, without inquiring into the fact, without demanding redress, bade + them take revenge, and trouble him no more about the matter.[***] + </p> +<pre xml:space="preserve"> + * See note C, at the end of the volume. + + ** Walsing. p. 58. Heming. vol. i. p. 39. + + *** Walsing. p. 59. +</pre> + <p> + The Normans, who had been more regular than usual in applying to the + crown, needed but this hint to proceed to immediate violence. They seized + an English ship in the channel; and hanging, along with some dogs, several + of the crew on the yard-arm, in presence of their companions, dismissed + the vessel; [*] and bade the mariners inform their countrymen that + vengeance was now taken for the blood of the Norman killed at Bayonne. + This injury, accompanied with so general and deliberate an insult, was + resented by the mariners of the cinque ports, who, without carrying any + complaint to the king, or waiting for redress, retaliated by committing + like barbarities on all French vessels without distinction. The French, + provoked by their losses, preyed on the ships of all Edward’s subjects, + whether English or Gascon: the sea became a scene of piracy between the + nations: the sovereigns, without either seconding or repressing the + violence of their subjects, seemed to remain indifferent spectators: the + English made private associations with the Irish and Dutch seamen; the + French with the Flemish and Genoese;[**] and the animosities of the people + on both sides became every day more violent and barbarous. A fleet of two + hundred Norman vessels set sail to the south for wine and other + commodities; and in their passage seized all the English ships which they + met with, hanged the seamen, and seized the goods. The inhabitants of the + English seaports, informed of this incident, fitted out a fleet of sixty + sail, stronger and better manned than the others, and awaited the enemy on + their return. After an obstinate battle, they put them to rout, and sunk, + destroyed, or took the greater part of them.[***] No quarter was given; + and it is pretended that the loss of the French amounted to fifteen + thousand men; which is accounted for by this circumstance, that the Norman + fleet was employed in transporting a considerable body of soldiers from + the south. + </p> + <p> + The affair was now become too important to be any longer overlooked by the + sovereigns. On Philip’s sending an envoy to demand reparation and + restitution, the king despatched the bishop of London to the French court, + in order to accommodate the quarrel. He first said, that the English + courts of justice were open to all men; and if any Frenchman were injured, + he might seek reparation by course of law.[****] + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 40. M. West. p. 419. + + ** Heming. vol. i. p. 40. + + *** Walsing. p. 60. Trivet, p 274. Chron. Dunst vol. ii. p + 609. + + **** Trivet, p. 275. +</pre> + <p> + He next offered to adjust the matter by private arbiters, or by a personal + interview with the king of France, or by a reference either to the pope, + or the college of cardinals, or any particular cardinals, agreed on by + both parties.[*] The French, probably the more disgusted, as they were + hitherto losers in the quarrel, refused all these expedients: the vessels + and the goods of merchants were confiscated on both sides: depredations + were continued by the Gascons on the western coast of France, as well as + by the English in the Channel: Philip cited the king, as duke of Guienne, + to appear in his court at Paris, and answer for these offences; and + Edward, apprehensive of danger to that province, sent John St. John, an + experienced soldier, to Bordeaux, and gave him directions to put Guienne + in a posture of defence.[**] + </p> + <p class="side"> + 1294. + </p> + <p> + That he might, however, prevent a final rupture between the nations, the + king despatched his brother, Edmond, earl of Lancaster, to Paris; and as + this prince had espoused the queen of Navarre, mother to Jane, queen of + France, he seemed, on account of that alliance, the most proper person for + finding expedients to accommodate the difference. Jane pretended to + interpose with her good offices: Mary, the queen dowager, feigned the same + amicable disposition: and these two princesses told Edmond, that the + circumstance the most difficult to adjust was the point of honor with + Philip, who thought himself affronted by the injuries committed against + him by his sub-vassals in Guienne; but if Edward would once consent to + give him seizin and possession of that province, he would think his honor + fully repaired, would engage to restore Guienne immediately, and would + accept of a very easy satisfaction for all the other injuries. The king + was consulted on the occasion; and as he then found himself in immediate + danger of war with the Scots, which he regarded as the more important + concern, this politic prince, blinded by his favorite passion for subduing + that nation, allowed himself to be deceived by so gross an artifice.[***] + He sent his brother orders to sign and execute the treaty with the two + queens; Philip solemnly promised to execute his part of it; and the king’s + citation to appear in the court of France, was accordingly recalled; but + the French monarch was no sooner put in possession of Guienne, than the + citation was renewed; Edward was condemned for non-appearance; and + Guienne, by a formal sentence, was declared to be forfeited and annexed to + the crown.[****] + </p> +<pre xml:space="preserve"> + * Trivet, p. 275. + + ** Trivet, p. 276. + + *** Rymer, vol. ii. p. 619, 620. Walsing. p. 61. Heming. vol. + i p. 42, 43. Trivet, p. 277. + + **** Rymer vol. ii p. 620, 622. Walsing. p. 61. Trivet, p. 278. +</pre> + <p> + Edward, fallen into a like snare with that which he himself had spread for + the Scots, was enraged; and the more so, as he was justly ashamed of his + own conduct, in being so egregiously overreached by the court of France. + Sensible of the extreme difficulties which he should encounter in the + recovery of Gascony, where he had not retained a single place in his + hands, he endeavored to compensate that loss by forming alliances with + several princes, who, he projected, should attack France on all quarters, + and make a diversion of her forces. Adolphus de Nassau, king of the + Romans, entered into a treaty with him for that purpose;[*] as did also + Amadæus, count of Savoy, the archbishop of Cologne, the counts of Gueldre + and Luxembourg; the duke of Brabant and count of Barre, who had married + his two daughters, Margaret and Eleanor: but these alliances were + extremely burdensome to his narrow revenues, and proved in the issue + entirely ineffectual. More impression was made on Guienne by an English + army, which he completed by emptying the jails of many thousand thieves + and robbers, who had been confined there for their crimes. So low had the + profession of arms fallen, and so much had it degenerated from the + estimation in which it stood during the vigor of the feudal system! + </p> + <p class="side"> + 1295. + </p> + <p> + The king himself was detained in England, first by contrary winds,[**] + then by his apprehensions of a Scottish invasion, and by a rebellion of + the Welsh, whom he repressed and brought again under subjection.[***] The + army which he sent to Guienne, was commanded by his nephew, John de + Bretagne, earl of Richmond, and under him by St. John, Tibetot, De Vere, + and other officers of reputation;[****] who made themselves masters of the + town of Bayonne, as well as of Bourg, Blaye, Reole, St. Severe, and other + places, which straitened Bordeaux, and cut off its communication both by + sea and land. + </p> +<pre xml:space="preserve"> + * Heming. vol, i. p. 51. + + ** Chron. Dunst. vol. ii. p. 622. + + *** Walsing. p. 62. Heming. vol. i. p. 55. Trivet, p. 282. + Chron Dunst. vol. ii. p. 622. + + **** Trivet, p. 279. +</pre> + <p> + The favor which the Gascon nobility bore to the English government + facilitated these conquests, and seemed to promise still greater + successes; but this advantage was soon lost by the misconduct of some of + the officers. Philip’s brother, Charles de Valois, who commanded the + French armies, having laid siege to Podensac, a small fortress near Reole, + obliged Giffard, the governor, to capitulate; and the articles though + favorable to the English, left all the Gascons prisoners at discretion, of + whom about fifty were hanged by Charles as rebels; a policy by which he + both intimidated that people, and produced an irreparable breach between + them and the English.[*] That prince immediately attacked Reole, where the + earl of Richmond himself commanded; and as the place seemed not tenable, + the English general drew his troops to the water side, with an intention + of embarking with the greater part of the army. The enraged Gascons fell + upon his rear, and at the same time opened their gates to the French, who, + besides making themselves masters of the place, took many prisoners of + distinction. St. Severe was more vigorously defended by Hugh de Vere, son + of the earl of Oxford; but was at last obliged to capitulate. The French + king, not content with these successes in Gascony, threatened England with + an invasion; and, by a sudden attempt, his troops took and burnt + Dover,[**] but were obliged soon after to retire. And in order to make a + greater diversion of the English force, and engage Edward in dangerous and + important wars, he formed a secret alliance with John Baliol, king of + Scotland; the commencement of that strict union which, during so many + centuries, was maintained, by mutual interests and necessities, between + the French and Scottish nations. John confirmed this alliance by + stipulating a marriage between his eldest son and the daughter of Charles + de Valois.[***] + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 49. + + ** Trivet, p. 284. Chron. Dunst. vol. ii. p. 642. + + *** Rymer, vol. ii. p. 680, 681, 695, 697. Heming. vol. i. p. + 76. Trivet, i, 285. +</pre> + <p> + The expenses attending these multiplied wars of Edward, and his + preparations for war, joined to alterations which had insensibly taken + place in the general state of affairs, obliged him to have frequent + recourse to parliamentary supplies, introduced the lower orders of the + state into the public councils, and laid the foundations of great and + important changes in the government. + </p> + <p> + Though nothing could be worse calculated for cultivating the arts of + peace, or maintaining peace itself, than the long subordination of + vassalage from the king to the meanest gentleman, and the consequent + slavery of the lower people, evils inseparable from the feudal system, + that system was never able to fix the state in a proper warlike posture, + or give it the full exertion of its power for defence, and still less for + offence, against a public enemy. The military tenants, unacquainted with + obedience, unexperienced in war, held a rank in the troops by their birth, + not by their merits or services; composed a disorderly and consequently a + feeble army; and during the few days which they were obliged by their + tenures to remain in the field, were often more formidable to their own + prince than to foreign powers, against whom they were assembled. The + sovereigns came gradually to disuse this cumbersome and dangerous machine, + so apt to recoil upon the hand which held it; and exchanging the military + service for pecuniary supplies, enlisted forces by means of a contract + with particular officers, (such as those the Italians denominate + “condottieri,”) whom they dismissed at the end of the war.[*] The barons + and knights themselves often entered into these engagements with the + prince; and were enabled to fill their bands, both by the authority which + they possessed over their vassals and tenants, and from the great numbers + of loose, disorderly people whom they found on their estates, and who + willingly embraced an opportunity of gratifying their appetite for war and + rapine. + </p> + <p> + Meanwhile the old Gothic fabric, being neglected, went gradually to decay. + Though the Conqueror had divided all the lands of England into sixty + thousand knights’ fees, the number of these was insensibly diminished by + various artifices; and the king at last found that, by putting the law in + execution, he could assemble a small part only of the ancient force of the + kingdom. It was a usual expedient for men who held of the king or great + barons by military tenure, to transfer their land to the church, and + receive it back by another tenure, called frankalmoigne, by which they + were not bound to per form any service.[**] A law was made against this + practice; but the abuse had probably gone far before it was attended to, + and probably was not entirely corrected by the new statute, which, like + most laws of that age, we may conjecture to have been but feebly executed + by the magistrate against the perpetual interest of so many individuals. + The constable and mareschal, when they mustered the armies, often in a + hurry, and for want of better information, received the service of a baron + for fewer knights’ fees than were due by him; and one precedent of this + kind was held good against the king, and became ever after a reason for + diminishing the service.[***] + </p> +<pre xml:space="preserve"> + * Cotton’s Abr. p. 11. + + ** Madox, Baronia Anglica, p. 114. + + *** Madox, Bar. Ang. p 115. +</pre> + <p> + The rolls of knights’ fees were inaccurately kept; no care was taken to + correct them before the armies were summoned into the field,[*] it was + then too late to think of examining records and charters; and the service + was accepted on the footing which the vassal himself was pleased to + acknowledge, after all the various subdivisions and conjunctions of + property had thrown an obscurity on the nature and extent of his + tenure.[**] It is easy to judge of the intricacies which would attend + disputes of this kind with individuals; when even the number of military + fees belonging to the church, whose property way fixed and unalienable, + became the subject of controversy; and we find in particular, that when + the bishop of Durham was charged with seventy knights’ fees for the aid + levied on occasion of the marriage of Henry II.‘s daughter to the duke of + Saxony, the prelate acknowledged ten, and disowned the other sixty.[***] + It is not known in what mariner this difference was terminated; but had + the question been concerning an armament to defend the kingdom, the + bishop’s service would probably have been received without opposition for + ten fees; and this rate must also have fixed all his future payments. + Pecuniary scutages, therefore, diminished as much as military + services;[****] other methods of filling the exchequer, as well as the + armies, must be devised: new situations produced new laws and + institutions; and the great alterations in the finances and military power + of the crown, as well as in private property, were the source of equal + innovations in every part of the legislature or civil government. + </p> +<pre xml:space="preserve"> + * We hear only of one king, Henry II., who took this pains; + and the record, called Liber Niger Scaccarii, was the result + of it. + + ** Madox, Bar. Ang. p. 116. + + *** Madox, p. 122. Hist. of the Exch. p. 404. + + **** In order to pay the sum of one hundred thousand marks, as + King Richard’s ransom, twenty shillings were imposed on each + knight’s fee. Had the fees remained on the original footing, + as settled by the Conqueror, this scutage would have + amounted to ninety thousand marks, which was nearly the sum + required; but we find that other grievous taxes were imposed + to complete it; a certain proof that many frauds and abuses + had prevailed in the roll of knights fees. +</pre> + <p> + The exorbitant estates conferred by the Norman on his barons and + chieftains, remained not long entire and unimpaired. The landed property + was gradually shared out into more hands; and those immense baronies were + divided, either by provisions to younger children, by partitions among + co-heirs, by sale, or by escheating to the king, who gratified a great + number of his courtiers by dealing them out among them in smaller + portions. Such moderate estates, as they required economy, and confined + the proprietors to live at home, were better calculated for duration; and + the order of knights and small barons grew daily more numerous, and began + to form a very respectable rank or order in the state. As they were all + immediate vassals of the crown by military tenure, they were, by the + principles of the feudal law, equally entitled with the greatest barons to + a seat in the national or general councils; and this right, though + regarded as a privilege which the owners would not entirely relinquish, + was also considered as a burden which they desired to be subjected to on + extraordinary occasions only. Hence it was provided in the charter of King + John, that, while the great barons were summoned to the national council + by a particular writ, the small barons, under which appellation the + knights were also comprehended, should only be called by a general summons + of the sheriff. The distinction between great and small barons, like that + between rich and poor, was not exactly defined; but, agreeably to the + inaccurate genius of that age, and to the simplicity of ancient + government, was left very much to be determined by the discretion of the + king and his ministers. It was usual for the prince to require, by a + particular summons, the attendance of a baron in one parliament, and to + neglect him in future parliaments;[*] nor was this uncertainty ever + complained of as an injury. He attended when required: he was better + pleased on other occasions to be exempted from the burden: and as he was + acknowledged to be of the same order with the greatest barons, it gave + them no surprise to see him take his seat in the great council, whether he + appeared of his own accord, or by a particular summons from the king. The + barons by writ, therefore, began gradually to intermix themselves with the + barons by tenure; and, as Camden tells us,[**] from an ancient manuscript + now lost, that after the battle of Evesham, a positive law was enacted, + prohibiting every baron from appearing in parliament, who was not invited + thither by a particular summons, the whole baronage of England held + thenceforward their seat by writ, and this important privilege of their + tenures was in effect abolished. Only where writs had been regularly + continued for some time in one great family, the omission of them would + have been regarded as an affront, and even as an injury. + </p> +<pre xml:space="preserve"> + * Chancellor West’s Inquiry into the Manner of creating + Peers p. 43, 46, 47, 55. + + ** In Britain. p 122. +</pre> + <p> + A like alteration gradually took place in the order of earls who were the + highest rank of barons. The dignity of an earl, like that of a baron, was + anciently territorial and official:[*] he exercised jurisdiction within + his county: he levied the third of the fines to his own profit: he was at + once a civil and a military magistrate: and though his authority, from the + time of the Norman conquest, was hereditary in England, the title was so + much connected with the office, that where the king intended to create a + new earl, he had no other expedient than to erect a certain territory into + a county or earldom, and to bestow it upon the person and his family.[**] + But as the sheriffs, who were the vicegerents of the earls, were named by + the king, and removable at pleasure, he found them more dependent upon + him; and endeavored to throw the whole authority and jurisdiction of the + office into their hands. This magistrate was at the head of the finances, + and levied all the king’s rents within the county: he assessed at pleasure + the talliages of the inhabitants in royal demesne: he had usually + committed to him the management of wards, and often of escheats: he + presided in the lower courts of judicature: and thus, though inferior to + the earl in dignity, he was soon considered, by this union of the judicial + and fiscal powers, and by the confidence reposed in him by the king, as + much superior to him in authority, and undermined his influence within his + own jurisdiction.[***] It became usual, in creating an earl, to give him a + fixed salary, commonly about twenty pounds a year, in lieu of his third of + the fines: the diminution of his power kept pace with the retrenchment of + his profit: and the dignity of earl, instead of being territorial and + official, dwindled into personal and titular. Such were the mighty + alterations which already had fully taken place, or were gradually + advancing, in the house of peers; that is, in the parliament: for there + seems anciently to have been no other house. + </p> +<pre xml:space="preserve"> + * Spel. Gloss, in voce Comes. + + ** Essays on British Antiquities. This practice, however, + seems to have been more familiar in Scotland and the + kingdoms on the continent, than in England. + + *** There are instances of princes of the blood who accepted + of the office of sheriff. Spel. in voce Vicecomes. +</pre> + <p> + But though the introduction of barons by writ, and of titular earls, had + given some increase to royal authority, there were other causes which + counterbalanced those innovations, and tended in a higher degree to + diminish the power of the sovereign. The disuse into which the feudal + militia had in a great measure fallen made the barons almost entirely + forget their dependence on the crown: by the diminution of the number of + knights’ fees the king had no reasonable compensation when he levied + scutages, and exchanged their service for money: the alienations of the + crown lands had reduced him to poverty: and above all, the concession of + the Great Charter had set bounds to royal power, and had rendered it more + difficult and dangerous for the prince to exert any extraordinary act of + arbitrary authority. In this situation it was natural for the king to + court the friendship of the lesser barons and knights, whose influence was + no ways dangerous to him, and who, being exposed to oppression from their + powerful neighbors, sought a legal protection under the shadow of the + throne. He desired, therefore, to have their presence in parliament, where + they served to control the turbulent resolutions of the great. To exact a + regular attendance of the whole body would have produced confusion, and + would have imposed too heavy a burden upon them. To summon only a few by + writ, though it was practised and had a good effect, served not entirely + the king’s purpose; because these members had no further authority than + attended their personal character, and were eclipsed by the appearance of + the more powerful nobility, He therefore dispensed with the attendance of + most of the lesser barons in parliament; and in return for this indulgence + (for such it was then esteemed) required them to choose in each county a + certain number of their own body, whose charges they bore, and who, having + gained the confidence, carried with them, of course, the authority of the + whole order. This expedient had been practised at different times in the + reign of Henry III.,[*] and regularly during that of the present king. The + numbers sent up by each county varied at the will of the prince:[**] they + took their seat among the other peers; because by their tenure they + belonged to that order:[***] the introducing of them into that house + scarcely appeared an innovation: and though it was easily in the king’s + power, by varying their number, to command the resolutions of the whole + parliament this circumstance was little attended to in an age when force + was more prevalent than laws, and when a resolution, though taken by the + majority of a legal assembly, could not be executed, if it opposed the + will of the more powerful minority. + </p> +<pre xml:space="preserve"> + *Rot. Glaus. 38. Hen. III. pp. 7. and 12. d.; as also Ret. + Claus 12 Hen. III. m. 1. d. Prynne’s Pref. to Cotton’s + Abridgment. + + ** Brady’s Answer to Petyt, from the records, p 151. + + *** Brady’s Treatise of Boroughs, App. No. 13. +</pre> + <p> + But there were other important consequences, which followed the diminution + and consequent disuse of the ancient feudal militia. The king’s expense in + levying and maintaining a military force for every enterprise, was + increased beyond what his narrow revenues were able to bear: as the + scutages of his military tenants, which were accepted in lieu of their + personal service, had fallen to nothing, there were no means of supply but + from voluntary aids granted him by the parliament and clergy, or from the + talliages which he might levy upon the towns and inhabitants in royal + demesne. In the preceding year, Edward had been obliged to exact no less + than the sixth of all movables from the laity, and a moiety of all + ecclesiastical benefices[*] for his expedition into Poictou, and the + suppression of the Welsh: and this distressful situation which was likely + often to return upon him and his successors, made him think of a new + device, and summon the representatives of all the boroughs to parliament. + This period, which is the twenty-third of his reign, seems to be the real + and true epoch of the house of commons, and the faint dawn of popular + government in England. For the representatives of the counties were only + deputies from the smaller barons and lesser nobility; and the former + precedent of representatives from the boroughs, who were summoned by the + earl of Leicester, was regarded as the act of a violent usurpation, had + beer, discontinued in all the subsequent parliaments; and if such a + measure had not become necessary on other accounts, that precedent was + more likely to blast than give credit to it. + </p> +<pre xml:space="preserve"> + * Brady’s Treatise of Boroughs, p. 31, from the records. + Heming vol. i. p. 52. M. West. p. 422. Ryley, p. 462 +</pre> + <p> + During the course of several years, the kings of England, in imitation of + other European princes, had embraced the salutary policy of encouraging + and protecting the lower and more industrious orders of the state; whom + they found well disposed to obey the laws and civil magistrate, and whose + ingenuity and labor furnish commodities requisite for the ornament of + peace and support of war. Though the inhabitants of the country were still + left at the disposal of their imperious lords, many attempts were made to + give more security and liberty to citizens, and make them enjoy unmolested + the fruits of their industry. Boroughs were erected by royal patent within + the demesne lands; liberty of trade was conferred upon them; the + inhabitants were allowed to farm, at a fixed rent, their own tolls and + customs,[*] they were permitted to elect their own magistrates; justice + was administered to them by these magistrates, without obliging them to + attend the sheriff or county court: and some shadow of independence, by + means of these equitable privileges, was gradually acquired by the + people.[**] The king, however, retained still the power of levying + talliage or taxes upon them at pleasure;[***] and though their poverty and + the customs of the age made these demands neither frequent or exorbitant, + such unlimited authority in the sovereign was a sensible check upon + commerce, and was utterly incompatible with all the principles of a free + government. But when the multiplied necessities of the crown produced a + greater avidity for supply, the king, whose prerogative entitled him to + exact it, found that he had not power sufficient to enforce his edicts, + and that it was necessary, before he imposed taxes, to smooth the way for + his demand, and to obtain the previous consent of the boroughs, by + solicitations, remonstrances, and authority. The inconvenience of + transacting this business with every particular borough was soon felt; and + Edward became sensible, that the most expeditious way of obtaining supply, + was to assemble the deputies of all the boroughs, to lay before them the + necessities of the state, to discuss the matter in their presence, and to + require their consent to the demands of their sovereign, For this reason, + he issued writs to the sheriffs, enjoining them to send to parliament, + along with two knights of the shire two deputies from each borough within + their county,[****] and these provided with sufficient powers from their + community to consent, in their name, to what he and his council should + require of them. + </p> +<pre xml:space="preserve"> + * Madox, Firma Burgi, p. 21. + + ** Brady of Boroughs, App. No. I, 2, 3. + + *** The king had not only the power of talliating the + inhabitants within his own demosnes, but that of granting to + particular barons the power of talliating the inhabitants + within theirs. See Brady’s Answer to Petyt, p. 118. Madox, + Hist, of the Exch. p. 518. + + *** Writs were issued to about one hundred and twenty cities + and boroughs. +</pre> + <p> + “As it is a most equitable rule,” says he, in his preamble to this writ, + “that what concerns all should be approved of by all; and common dangers + be repelled by united efforts;”[*] a noble principle, which may seem to + indicate a liberal mind in the king, and which laid the foundation of a + free and an equitable government. + </p> + <p> + After the election of these deputies by the aldermen and common council, + they gave sureties for their attendance before the king and parliament: + their charges were respectively borne by the borough which sent them; and + they had so little idea of appearing as legislators,—a character + extremely wide of their low rank and condition,[**]—that no + intelligence could be more disagreeable to any borough, than to find that + they must elect, or to any individual than that he was elected, to a trust + from which no profit or honor could possibly be derived.[***] They + composed not, properly speaking, any essential part of the parliament: + they sat apart both from the barons and knights,[****] who disdained to + mix with such mean personages: after they had given their consent to the + taxes required of them, their business being then finished, they + separated, even though the parliament still continued to sit, and to + canvass the national business.[*****] And as they all consisted of men who + were real burgesses of the place from which they were sent, the sheriff, + when he found no person of abilities or wealth sufficient for the office, + often used the freedom of omitting particular boroughs in his returns; and + as he received the thanks of the people for this indulgence, he gave no + displeasure to the court, who levied on all the boroughs, without + distinction, the tax agreed to by the majority of deputies.[******] + </p> +<pre xml:space="preserve"> + * Brady of Boroughs, p. 25, 33, from the records. The writs + of the parliament immediately preceding, remain: and the + return of knights is there required, but not a word of the + boroughs: a demonstration that this was the very year in + which they commenced. In the year immediately preceding, the + taxes were levied by a seeming free consent of each + particular borough, beginning with London. Brady of + Boroughs, p. 31, 32, 33, from the records. Also his Answer + to Petyt, p. 40, 41. + + ** Reiiquia Spel. p. 64. Prynne’s Pref. to Cotton’s Abridg. + and the Abridg. passim. + + *** Brady of Boroughs, p. 59, 60. + + **** Brady of Boroughs, p. 37, 38, from the records, and + Append. p. 19. Also his Append, to his Answer to Petyt, + Record. And his gloss. in verb. Communitas regn. p. 33. + Abridg. p. 14. + + ****** Bradv of Boroughs, p. 52, from the records. There is + even an instance in the reign of Edward III., when the king + named all the deputies. Brady’s Answer to Petyt, p. 161. If + he fairly named the most considerable and creditable + burgesses, little exception would be taken; as their + business was not to check the king, but to reason with him, + and consent to his demands. It was not till the reign of + Richard II. that the sheriffs were deprived of the power of + omitting boroughs at pleasure. See Stat. at large, 5th + Richard II. cap. iv. +</pre> + <p> + The union, however, of the representatives from the boroughs gave + gradually more weight to the whole order; and it became customary for + them, in return for the supplies which they granted, to prefer petitions + to the crown for the redress of any particular grievance, of which they + found reason to complain. The more the king’s demands multiplied, the + faster these petitions increased both in number and authority; and the + prince found it difficult to refuse men whose grants had supported his + throne, and to whose assistance he might so soon be again obliged to have + recourse. The commons, however, were still much below the rank of + legislators.[*] <a href="#linknote-4" name="linknoteref-4" id="linknoteref-4">4</a> Their petitions, though they received a verbal + assent from the throne, were only the rudiments of laws: the judges were + afterwards intrusted with the power of putting them into form. and the + king, by adding to them the sanction of his authority, and that sometimes + without the assent of the nobles, bestowed validity upon them. The age did + not refine so much as to perceive the danger of these irregularities. No + man was displeased that the sovereign, at the desire of any class of men, + should issue an order which appeared only to concern that class; and his + predecessors were so near possessing the whole legislative power, that he + gave no disgust by assuming it in this seemingly inoffensive manner. But + time and further experience gradually opened men’s eyes, and corrected + these abuses. It was found that no laws could be fixed for one order of + men without affecting the whole; and that the force and efficacy of laws + depended entirely on the terms employed in wording them. The house of + peers, therefore, the most powerful order in the state, with reason, + expected that their assent should be expressly granted to all public + ordinances:[**] + </p> +<pre xml:space="preserve"> + * See note D, at the end of the volume. + + ** In those instances found in Cotton’s Abridgment, where + the king appears to answer of himself the petitions of the + commons, he probably exerted no more than that power, which + was long inherent in the crown, of regulating matters by + royal edicts or proclamations. +</pre> + <p> + But no durable or general statute seems ever to have been made by the king + from the petition of the commons alone, without the assent of the peers. + It is more likely that the peers alone without the commons, would enact + statutes, and in the reign of Henry V., the commons required, that no laws + should be framed merely upon their petitions, unless the statutes were + worded by themselves, and had passed their house in the form of a bill.[*] + </p> + <p> + But as the same causes which had produced a partition of property + continued still to operate, the number of knights and lesser barons, or + what the English call the gentry, perpetually increased, and they sunk + into a rank still more inferior to the great nobility. The equality of + tenure was lost in the great inferiority of power and property; and the + house of representatives from the counties was gradually separated from + that of the peers, and formed a distinct order in the state.[**] The + growth of commerce, meanwhile, augmented the private wealth and + consideration of the burgesses; the frequent demands of the crown + increased their public importance; and as they resembled the knights of + shires in one material circumstance, that of representing particular + bodies of men, it no longer appeared unsuitable to unite them together in + the same house, and to confound their rights and privileges.[***] <a + href="#linknote-5" name="linknoteref-5" id="linknoteref-5">5</a> Thus the + third estate that of the commons, reached at last its present form; and as + the country gentlemen made thenceforwards no scruple of appearing as + deputies from the boroughs, the distinction between the members was + entirely lost, and the lower house acquired thence a great accession of + weight and importance in the kingdom. Still, however, the office of this + estate was very different from that which it has since exercised with so + much advantage to the public. Instead of checking and controlling the + authority of the king, they were naturally induced to adhere to him, as + the great fountain of law and justice, and to support him against the + power of the aristocracy, which at once was the source of oppression to + themselves, and disturbed him in the execution of the laws. The king, in + his turn, gave countenance to an order of men so useful and so little + dangerous: the peers also were obliged to pay them some consideration: and + by this means the third estate, formerly so abject in England, as well as + in all other European nations, rose by slow degrees to their present + importance; and in their progress made arts and commerce, the necessary + attendants of liberty and equality, flourish in the kingdom.[****] <a + href="#linknote-6" name="linknoteref-6" id="linknoteref-6">6</a> + </p> +<pre xml:space="preserve"> + * Brady’s Answer to Petyt, p. 85, from the records. + + ** Cotton’s Abridgment, p. 13. + + *** See note E, at the end of the volume. + + **** See note F, at the end of the volume. +</pre> + <p> + What sufficiently proves that the commencement of the house of burgesses, + who are the true commons, was not an affair of chance, but arose from the + necessities of the present situation, is, that Edward, at the very same + time, summoned deputies from the inferior clergy, the first that ever met + in England,[*] and he required them to impose taxes on their constituents + for the public service. Formerly the ecclesiastical benefices bore no part + of the burdens of the state: the pope indeed of late had often levied + impositions upon them: he had sometimes granted this power to the + sovereign:[**] the king himself had in the preceding year exacted, by + menaces and violence, a very grievous tax of half the revenues of the + clergy: but as this precedent was dangerous, and could not easily be + repeated in a government which required the consent of the subject to any + extraordinary resolution, Edward found it more prudent to assemble a lower + house of convocation, to lay before them his necessities, and to ask some + supply. But on this occasion he met with difficulties. Whether that the + clergy thought themselves the most independent body in the kingdom, or + were disgusted by the former exorbitant impositions, they absolutely + refused their assent to the king’s demand of a fifth of their movables; + and it was not till a second meeting that, on their persisting in this + refusal, he was willing to accept of a tenth. The barons and knights + granted him, without hesitation, an eleventh; the burgesses, a seventh. + But the clergy still scrupled to meet on the king’s writ, lest by such an + instance of obedience they should seem to acknowledge the authority of the + temporal power: and this compromise was at last fallen upon, that the king + should issue his writ to the archbishop; and that the archbishop should, + in consequence of it, summon the clergy, who, as they then appeared to + obey their spiritual superior, no longer hesitated to meet in convocation. + This expedient, however, was the cause why the ecclesiastics were + separated into two houses of convocation, under their several archbishops, + and formed not one estate, as in other countries of Europe; which was at + first the king’s intention.[***] We now return to the course of our + narration. + </p> +<pre xml:space="preserve"> + * Archbishop Wake’s State of the Church of England, p. 235 + Brady of Burroughs, p. 34. Gilbert’s Hist, of the Buch. p + 46. + + ** Ann. Waverl. p. 227, 228. T. Wykes, p. 99, 120. + + *** Gilbert’s Hist, of the Buch. p 51, 54. +</pre> + <p> + Edward, conscious of the reasons of disgust which he had given to the king + of Scots, informed of thu dispositions of that people, and expecting the + most violent effects of their resentment, which he knew he had so well + merited, employed the supplies granted him by his people in making + preparations against the hostilities of his northern neighbor. When in + this situation, he received intelligence of the treaty secretly concluded + between John and Philip; and though uneasy at this concurrence of a French + and Scottish war he resolved not to encourage his enemies by a + pusillanimous behavior, or by yielding to their united efforts. + </p> + <p class="side"> + 1296. + </p> + <p> + He summoned John to perform the duty of a vassal, and to send him a supply + of forces against an invasion from France, with which he was then + threatened: he next required that the fortresses of Berwick, Jedburgh, and + Roxburgh should be put into his hands as a security during the war; he + cited John to appear in an English parliament to be held at Newcastle; and + when none of these successive demands were complied with, he marched + northward with numerous forces, thirty thousand foot and four thousand + horse, to chastise his rebellious vassal. The Scottish nation, who had + little reliance on the vigor and abilities of their prince, assigned him a + council of twelve noblemen, in whose hands the sovereignty was really + lodged, and who put the country in the best posture of which the present + distractions would admit. A great army, composed of forty thousand + infantry, though supported only by five hundred cavalry advanced to the + frontiers; and after a fruitless attempt upon Carlisle, marched eastwards + to defend those provinces which Edward was preparing to attack. But some + of the most considerable of the Scottish nobles, Robert Bruce, the father + and son, the earls of March and Angus, prognosticating the ruin of their + country from the concurrence of intestine divisions and a foreign + invasion, endeavored here to ingratiate themselves with Edward by an early + submission; and the king, encouraged by this favorable incident, led his + army into the enemy’s country, and crossed the Tweed without opposition at + Coldstream. He then received a message from John, by which that prince, + having now procured for himself and his nation Pope Celestine’s + dispensation from former oaths, renounced the homage which had been done + to England, and set Edward at defiance. This bravado was but ill supported + by the military operations of the Scots. + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 692. Walsing. p. 64. Heming. vol. i. p. + 84 Trivet, p. 286. t Heming. vol i. p. 75. + + ** Rymer, vol. ii. p. 607. Walsing. p. 66. Heming. vol. i. + p. 92. +</pre> + <p> + Berwick was already taken by assault: Sir William Douglas, the governor, + was made prisoner: above seven thousand of the garrison were put to the + sword: and Edward, elated by this great advantage, despatched Earl + Warrenne with twelve thousand men to lay siege to Dunbar, which was + defended by the flower of the Scottish nobility. + </p> + <p> + The Scots, sensible of the importance of this place, which, if taken, laid + their whole country open to the enemy, advanced with their main army, + under the command of the earls of Buchan, Lenox, and Marre, in order to + relieve it. Warrenne, not dismayed at the great superiority of their + number, marched out to give them battle. He attacked them with great + vigor; and as undisciplined troops, when numerous, are but the more + exposed to a panic upon any alarm, he soon threw them into confusion, and + chased them off the field with great slaughter. The loss of the Scots is + said to have amounted to twenty thousand men: the Castle of Dunbar, with + all its garrison, surrendered next day to Edward, who, after the battle, + had brought up the main body of the English, and who now proceeded with an + assured confidence of success. The Castle of Roxburgh was yielded by + James, steward of Scotland; and that nobleman, from whom is descended the + royal family of Stuart, was again obliged to swear fealty to Edward. After + a feeble resistance, the Castles of Edinburgh and Stirling opened their + gates to the enemy. All the southern parts were instantly subdued by the + English; and to enable them the better to reduce the northern, whose + inaccessible situation seemed to give them some more security, Edward sent + for a strong reënforcement of Welsh and Irish, who, being accustomed to a + desultory kind of war, were the best fitted to pursue the fugitive Scots + into the recesses of their lakes and mountains. But the spirit of the + nation was already broken by their misfortunes and the feeble and timid + Baliol, discontented with his own subjects, and overawed by the English, + abandoned all those resources which his people might yet have possessed in + this extremity. He hastened to make his submissions to Edward, he + expressed the deepest penitence for his disloyalty to his liege lord; and + he made a solemn and irrevocable resignation of his crown into the hands + of that monarch.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 718. Walsing. p. 67. Heming. vo. i p. + 99 Trivet, p. 292. +</pre> + <p> + Edward marched northwards to Aberdeen and Elgin, without meeting an enemy: + no Scotchman approached him but to pay him submission and do him homage: + even the turbulent Highlanders, ever refractory to their own princes, and + averse to the restraint of laws, endeavored to prevent the devastation of + their country, by giving him early proofs of obedience: and Edward, having + brought the whole kingdom to a seeming state of tranquillity, returned to + the south with his army. There was a stone to which the popular + superstition of the Scots paid the highest veneration: all their kings + were seated on it when they received the rite of inauguration: an ancient + tradition assured them that, wherever this stone was placed, their nation + should always govern: and it was carefully preserved at Scone, as the + true, palladium of their monarchy, and their ultimate resource amidst all + their misfortunes. Edward got possession of it, and carried it with him to + England.[*] He gave orders to destroy the records, and all those monuments + of antiquity which might preserve the memory of the independence of the + kingdom, and refute the English claims of superiority. The Scots pretend + that he also destroyed all the annals preserved in their convents: but it + is not probable that a nation, so rude and unpolished, should be possessed + of any history which deserves much to be regretted. The great seal of + Bailol was broken; and that prince himself was carried prisoner to London, + and committed to custody in the Tower. Two years after he was restored to + liberty, and submitted to a voluntary banishment in France; where, without + making any further attempts for the recovery of his royalty, he died in a + private station. Earl Warrenne was left governor of Scotland:[**] + Englishmen were intrusted with the chief offices: and Edward, flattering + himself that he had attained the end of all his wishes, and that the + numerous acts of fraud and violence, which he had practised against + Scotland, had terminated in the final reduction of that kingdom, returned + with his victorious army into England. + </p> +<pre xml:space="preserve"> + * Walsing. p. 68. Trivet, p. 299. + + ** Rymer, vol. ii. p. 726. Trivet, p. 295. +</pre> + <p> + An attempt, which he made about the same time, for the recovery of + Guienne, was not equally successful. He sent thither an army of seven + thousand men, under the command of his brother, the earl of Lancaster. + That prince gained at first some advantages over the French at Bordeaux: + but he was soon after seized with a distemper, of which he died at + Bayonne. The command devolved on the earl of Lincoln, who was not able to + perform any thing considerable during the rest of the campaign.[*] + </p> + <p> + But the active and ambitious spirit of Edward, while his conquests brought + such considerable accessions to the English monarchy, could not be + satisfied, so long as Guienne, the ancient patrimony of his family, was + wrested from him by the dishonest artifices of the French monarch. Finding + that the distance of that province rendered all his efforts against it + feeble and uncertain, he purposed to attack France in a quarter where she + appeared more vulnerable; and with this view he married his daughter + Elizabeth to John, earl of Holland, and at the same time contracted an + alliance with Guy, earl of Flanders, stipulated to pay him the sum of + seventy-five thousand pounds, and projected an invasion with their united + forces upon Philip, their common enemy.[**] He hoped that, when he + himself, at the head of the English, Flemish, and Dutch armies, reënforced + by his German allies, to whom he had promised or remitted considerable + sums, should enter die frontiers of France, and threaten the capital + itself, Philip would at last be obliged to relinquish his acquisitions, + and purchase peace by the restitution of Guienne. But in order to set this + great machine in movement, considerable supplies were requisite from the + parliament; and Edward, without much difficulty, obtained from the barons + and knights a new grant of a twelfth of all their movables, and from the + boroughs that of an eighth. The great and almost unlimited power of the + king over the latter, enabled him to throw the heavier part of the burden + on them; and the prejudices which he seems always to have entertained + against the church, on account of the former zeal of the clergy for the + Mountfort faction, made him resolve to load them with still more + considerable impositions, and he required of them a fifth of their + movables. But he here met with an opposition, which for some time + disconcerted all his measures, and engaged him in enterprises that were + somewhat dangerous to him; and would have proved fatal to any of his + predecessors. + </p> +<pre xml:space="preserve"> + * Homing, vol. i. p. 72, 73, 74. + + ** Rymer, vol. ii. p. 761. Walsing, p. 68. +</pre> + <p> + Boniface VIII., who had succeeded Celestine in the papal throne, was a man + of the most lofty and enterprising spirit; and though not endowed with + that severity of manners which commonly accompanies ambition in men of his + order, he was determined to carry the authority of the tiara, and his + dominion over the temporal power, to as great a height as it had ever + attained in any former period. Sensible that his immediate predecessors, + by oppressing the church in every province of Christendom, had extremely + alienated the affections of the clergy, and had afforded the civil + magistrate a pretence for laying like impositions on ecclesiastical + revenues, he attempted to resume the former station of the sovereign + pontiff, and to establish himself as the common protector of the spiritual + order against all invaders. For this purpose he issued very early in his + pontificate a general bull, prohibiting all princes from levying without + his consent any taxes upon the clergy, and all clergymen from submitting + to such impositions; and he threatened both of them with the penalties of + excommunication in case of disobedience.[*] This important edict is said + to have been procured by the solicitation of Robert de Win chelsey, + archbishop of Canterbury, who intended to employ it as a rampart against + the violent extortions which the church had felt from Edward, and the + still greater, which that prince’s multiplied necessities gave them reason + to apprehend. When a demand, therefore, was made on the clergy of a fifth + of their movables, a tax which was probably much more grievous than a + fifth of their revenue, as their lands were mostly stocked with their + cattle, and cultivated by their villains, the clergy took shelter under + the bull of Pope Boniface and pleaded conscience in refusing + compliance.[**] The king came not immediately to extremities on this + repulse; but after locking up all their granaries and barns, and + prohibiting all rent to be paid them, he appointed a new synod, to confer + with him upon his demand. The primate, not dismayed by these proofs of + Edward’s resolution, here plainly told him that the clergy owed obedience + to two sovereigns, their spiritual and their temporal; but their duty + bound them to a much stricter attachment to the former than to the latter: + they could not comply with his commands, (for such, in some measure, the + requests of the crown were then deemed,) in contradiction to the express + prohibition of the sovereign pontiff.[***] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 706. Heming. vol. i. p. 104. + + ** Heming, vol., i. p. 107. Trivet, p. 296. Chron. Dunst. + vol. ii p. 652 + + *** Hemming. vol. i. p. 107. +</pre> + <p class="side"> + 1297. + </p> + <p> + The clergy had seen, in many instances, that Edward paid little regard to + those numerous privileges on which they set so high a value. He had + formerly seized, in an arbitrary manner, all the money and plate belonging + to the churches and convents, and had applied them to the public + service;[*] and they could not but expect more violent treatment on this + sharp refusal, grounded on such dangerous principles. Instead of applying + to the pope for a relaxation of his bull, he resolved immediately to + employ the power in his hands; and he told the ecclesiastics that, since + they refused to support the civil government, they were unworthy to + receive any benefit from it; and he would accordingly put them out of the + protection of the laws. This vigorous measure was immediately carried into + execution.[**] Orders were issued to the judges to receive no cause + brought before them by the clergy; to hear and decide all causes in which + they were defendants; to do every man justice against them; to do them + justice against nobody.[***] The ecclesiastics soon found themselves in + the most miserable situation imaginable. They could not remain in their + own houses or convents for want of subsistence; if they went abroad in + quest of maintenance, they were dismounted, robbed of their horses and + clothes, abused by every ruffian, and no redress could be obtained by them + for the most violent injury. The primate himself was attacked on the + highway, was stripped of his equipage and furniture, and was at last + reduced to board himself with a single servant in the house of a country + clergyman.[****] The king, meanwhile, remained an indifferent spectator of + all these violences: and without employing his officers in committing any + immediate injury on the priests, which might have appeared invidious and + oppressive, he took ample vengeance on them for their obstinate refusal of + his demands. Though the archbishop issued a general sentence of + excommunication against all who attacked the persons or property of + ecclesiastics, it was not regarded; while Edward enjoyed the satisfaction + of seeing the people become the voluntary instruments of his justice + against them, and inure themselves to throw off that respect for the + sacred order by which they had so long been overawed and governed. + </p> +<pre xml:space="preserve"> + * Walsing. p. 65. Heming. vol. i. p. 51. + + ** Walsing. p. 69. Heming. vol. i. p. 107. + + *** M. West. p. 429. + + **** Heming. vol. i. p. 109. +</pre> + <p> + The spirits of the clergy were at last broken by this harsh treatment. + Besides that the whole province of York, which lay nearest the danger that + still hung over them from the Scots, voluntarily, from the first, voted a + fifth of their movables, the bishops of Salisbury, Ely, and some others, + made a composition for the secular clergy within their dioceses; and they + agreed not to pay the fifth, which would have been an act of disobedience + to Boniface’s bull, but to deposit a sum equivalent in some church + appointed them, whence it was taken by the king’s officers.[*] Many + particular convents and clergymen made payment of a like sum, and received + the king’s protection.[**] Those who had not ready money, entered into + recognizances for the payment. And there was scarcely found one + ecclesiastic in the kingdom who seemed willing to suffer, for the sake of + religious privileges, this new species of martyrdom, the most tedious and + languishing of any, the most mortifying to spiritual pride, and not + rewarded by that crown of glory which the church holds up with such + ostentation to her devoted adherents. + </p> + <p> + But as the money granted by parliament, though considerable, was not + sufficient to supply the king’s necessities, and that levied by + compositions with the clergy came in slowly, Edward was obliged, for the + obtaining of further supply, to exert his arbitrary power, and to lay an + oppressive hand on all orders of men in the kingdom. He limited the + merchants in the quantity of wool allowed to be exported; and at the same + time forced them to pay him a duty of forty shillings a sack, which was + computed to be above the third of the value.[***] He seized all the rest + of the wool, as well as all the leather of the kingdom, into his hands, + and disposed of these commodities for his own benefit;[****] he required + the sheriffs of each county to supply him with two thousand quarters of + wheat, and as many of oats, which he permitted them to seize wherever they + could find them: the cattle and other commodities necessary for supplying + his army, were laid hold of without the consent of the owners;[*****] and + though he promised to pay afterwards the equivalent of all these goods, + men saw but little probability that a prince, who submitted so little to + the limitations of law, could ever, amidst his multiplied necessities, be + reduced to a strict observance of his engagements. + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 108, 109. Chron. Dunst. p. 653. + + ** Chron. Dunst. vol. ii. p. 654. + + *** Walsing. p. 69. Trivet, p. 296. + + **** Heming, vol. i. p. 52, 110. + +</pre> + <p> + He showed at the same time an equal disregard to the principles of the + feudal law, by which all the lands of his kingdom were held: in order to + increase his army, and enable him to support that great effort which he + intended to make against France, he required the attendance of every + proprietor of land possessed of twenty pounds a year, even though he held + not of the crown, and was not obliged by his tenure to perform any such + service.[*] + </p> + <p> + These acts of violence and of arbitrary power, notwithstanding the great + personal regard generally borne to the king, bred murmurs in every order + of men; and it was not long ere some of the great nobility, jealous of + their own privileges, as well as of national liberty, gave countenance and + authority to these complaints. Edward assembled on the sea-coast an army + which he purposed to send over to Gascony, while he himself should in + person make an impression on the side of Flanders; and he intended to put + these forces under the command of Humphrey Bohun, earl of Hereford, the + constable, and Roger Bigod, earl of Norfolk, the mareschal of England. But + these two powerful earls refused to execute his commands, and affirmed + that they were only obliged by their office to attend his person in the + wars. A violent altercation ensued: and the king, in the height of his + passion, addressing himself to the constable, exclaimed, “Sir Earl, by + God, you shall either go or hang.” “By God, Sir King,” replied Hereford, + “I will neither go nor hang.”[**] And he immediately departed with the + mareschal and above thirty other considerable barons. + </p> + <p> + Upon this opposition, the king laid aside the project of an expedition + against Guienne, and assembled the forces which he himself purposed to + transport into Flanders. But the two earls, irritated in the contest and + elated by impunity, pretending that none of their ancestors had ever + served in that country, refused to perform the duty of their office in + mustering the army.[***] The king, now finding it advisable to proceed + with moderation, instead of attainting the earls, who possessed their + dignities by hereditary right, appointed Thomas de Berkeley and Geoffrey + de Geyneville to act in that emergence as constable and mareschal.[****] + </p> +<pre xml:space="preserve"> + * Walsing. p. 69. + + ** Heming. voL i. p. 112. + + *** Rymer, vol. ii. p. 783. Walsing. p. 70. + + **** M. West, p. 430. +</pre> + <p> + He endeavored to reconcile himself with the church; took the primate again + into favor,[*] made him, in conjunction with Reginald de Grey, tutor to + the prince, whom he intended to appoint guardian of the kingdom during his + absence; and he even assembled a great number of the nobility in + Westminster Hall, to whom he deigned to make an apology for his past + conduct. He pleaded the urgent necessities of the crown; his extreme want + of money; his engagements from honor as well as interest to support his + foreign allies; and he promised, if ever he returned in safety, to redress + all their grievances, to restore the execution of the laws, and to make + all his subjects compensation for the losses which they had sustained. + Meanwhile, he begged them to suspend their animosities; to judge of him by + his future conduct, of which, he hoped, he should be more master; to + remain faithful to his government, or, if he perished in the present war, + to preserve their allegiance to his son and successor.[**] + </p> + <p> + There were, certainly, from the concurrence of discontents among the + great, and grievances of the people, materials sufficient in any other + period to have kindled a civil war in England: but the vigor and abilities + of Edward kept every one in awe; and his dexterity in stopping on the + brink of danger, and retracting the measures to which he had been pushed + by his violent temper and arbitrary principles, saved the nation from so + great a calamity. The two great earls dared not to break out into open + violence: they proceeded no further than framing a remonstrance, which was + delivered to the king at Winchelsea, when he was ready to embark for + Flanders. They there complained of the violations of the Great Charter, + and that of forests; the violent seizure of corn, leather, cattle, and, + above all, of wool, a commodity which they affirmed to be equal in value + to half the lands of the kingdom; the arbitrary imposition of forty + shillings a sack on the small quantity of wool allowed to be exported by + the merchants; and they claimed an immediate redress of all these + grievances.[***] The king told them that the greater part of his council + were now at a distance, and without their advice he could not deliberate + on measures of so great importance.[****] + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 113. + + ** Heming. vol. i. p. 114. M. West. p. 430. + + *** Walsing. p. 72. Heming. vol. i. p. 115. Trivet, p. 302. + + **** Walsing. p. 72. Heming. vol. i. p. 117. Trivet, p. 304. +</pre> + <p> + But the constable and mareschal, with the barons of their party resolved + to take advantage of Edward’s absence and to obtain an explicit assent to + their demands. When summoned to attend the parliament at London, they came + with a great body of cavalry and infantry; and before they would enter the + city, required that the gates should be put into their custody.[*] The + primate, who secretly favored all their pretensions, advised the council + to comply; and thus they became masters both of the young prince and of + the resolutions of parliament. Their demands, however, were moderate, and + such as sufficiently justify the purity of their intentions in all their + past measures: they only required that the two charters should receive a + solemn confirmation; that a clause should be added to secure the nation + forever against all impositions and taxes without consent of parliament; + and that they themselves, and their adherents, who had refused to attend + the king into Flanders, should be pardoned for the offence, and should be + again received into favor.[**] The prince of Wales and his council + assented to these terms, and the charters were sent over to the king in + Flanders, to be there confirmed by him. Edward felt the utmost reluctance + to this measure, which, he apprehended, would for the future impose + fetters on his conduct, and set limits to his lawless authority. On + various pretences he delayed three days giving any answer to the deputies; + and when the pernicious consequences of his refusal were represented to + him, he was at last obliged, after many internal struggles, to affix his + seal to the charters, as also to the clause that bereaved him of the power + which he had hitherto assumed, of imposing arbitrary taxes upon the + people. + </p> + <p> + That we may finish at once this interesting transaction concerning the + settlement of the charters, we shall briefly mention the subsequent events + which relate to it. The constable and mareschal, informed of the king’s + compliance, were satisfied, and not only ceased from disturbing the + government, but assisted the regency with their power against the Scots, + who had risen in arms, and had thrown off the yoke of England.[***] + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 138. + + ** Walsing, p. 73. Heming. vol. i. p. 138, 139 140, 141. + Trivet, p. 308. + + *** Walsing, p. 74. Heming. vol. i. p. 143. +</pre> + <p> + But being sensible that the smallest pretence would suffice to make Edward + retract these detested laws, which, though they had often received the + sanction both of king and parliament, and had been acknowledged during + three reigns, were never yet deemed to have sufficient validity, they + insisted that he should again confirm them on his return to England, and + should thereby renounce all plea which he might derive from his residing + in a foreign country when he formerly affixed his seal to them.[*] It + appeared that they judged aright of Edward’s character and intentions: he + delayed this confirmation as long as possible; and, when the fear of worse + consequences obliged him again to comply, he expressly added a salvo for + his royal dignity or prerogative, which in effect enervated the whole + force of the charters.[**] The two earls and their adherents left the + parliament in disgust; and the king was constrained on a future occasion + to grant to the people, without any subterfuge, a pure and absolute + confirmation of those laws[***] which were so much the object of their + passionate affection. Even further securities were then provided for the + establishment of national privileges. Three knights were appointed to be + chosen in each county, and were invested with the power of punishing, by + fine and imprisonment, every transgression or violation of the + charters;[****] a precaution which, though it was soon disused, as + encroaching too much on royal prerogative, proves the attachment which the + English in that age bore to liberty, and their well-grounded jealousy of + the arbitrary disposition of Edward. + </p> + <p> + The work, however, was not yet entirely finished and complete. In order to + execute the lesser charter, it was requisite, by new perambulations, to + set bounds to the royal forests, and to disafforest all land which former + encroachments had comprehended within their limits. Edward discovered the + same reluctance to comply with this equitable demand; and it was not till + after many delays on his part, and many solicitations and requests, and + even menaces of war and violence,[*****] on the part of the barons, that + the perambulations were made, and exact boundaries fixed by a jury in each + county to the extent of his forests.[******] Had not his ambitious and + active temper raised him so many foreign enemies, and obliged him to have + recourse so often to the assistance of his subjects, it is not likely that + those concessions could ever have been extorted from him. + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 159. + + ** Heming. vol. i. p. 167, 168. + + *** Heming. vol. i. p. 168. + + **** Heming. vol. i. p. 170. + from the Chronicle of St. Albans, that the barons, not + content with the execution of the charter of forests, + demanded of Edward as high terms as had been imposed on his + father by the earl of Leicester; but no other historian + mentions this particular. + + ****** Heming. vol. i. p. 171. M. West. p. 431, 433. +</pre> + <p> + But while the people, after so many successful struggles, deemed + themselves happy in the secure possession of their privileges, they were + surprised in 1305 to find that Edward had secretly applied to Rome, and + had procured from that mercenary court an absolution from all the oaths + and engagements, which he had so often reiterated, to observe both the + charters. There are some historians,[*] so credulous as to imagine, that + this perilous step was taken by him for no other purpose than to acquire + the merit of granting a new confirmation of the charters, as he did soon + after; and a confirmation so much the more unquestionable, as it could + never after be invalidated by his successors, on pretence of any force or + violence which had been imposed upon him. But, besides that this might + have been done with a better grace if he had never applied for any such + absolution, the whole tenor of his conduct proves him to be little + susceptible of such refinements in patriotism; and this very deed itself, + in which he anew confirmed the charters, carries on the face of it a very + opposite presumption. Though he ratified the charters in general, he still + took advantage of the papal bull so far as to invalidate the late + perambulations of the forests, which had been made with such care and + attention, and to reserve to himself the power, in case of favorable + incidents, to extend as much as formerly those arbitrary jurisdictions. If + the power was not in fact made use of, we can only conclude that the + favorable incidents did not offer. + </p> + <p> + Thus, after the contests of near a whole century, and these ever + accompanied with violent jealousies, often with public convulsions, the + Great Charter was finally established; and the English nation have the + honor of extorting, by their perseverance, this concession from the + ablest, the most warlike, and the most ambitious of all their princes.[**] + It is computed that above thirty confirmations of the charter were done at + different times. + </p> +<pre xml:space="preserve"> + * Brady, vol. ii. p. 84. Carte, vol. ii. p. 292. + + ** It must, however, be remarked, that the king never + forgave the chief actors in this transaction; and he found + means afterwards to oblige both the constable and mareschal + to resign their offices into his hands. The former received + a new grant of it; but the office of mareschal given to + Thomas of Brotherton, the king’s second son times required + of several kings, and granted by them in full parliament; a + precaution which, while it discovers some ignorance of the + true nature of law and government, proves a laudable + jealousy of national privileges in the people, and an + extreme anxiety lest contrary precedents should ever be + pleaded as an authority for infringing them. Accordingly we + find that, though arbitrary practices often prevailed, and + were even able to establish themselves into settled customs, + the validity of the Great Charter was never afterwards + formally disputed; and that grant was still regarded as the + basis of English government, and the sure rule by which the + authority of every custom was to be tried and canvassed. The + jurisdiction of the star-chamber, martial law, imprisonment + by warrants from the privy-council, and other practices of a + like nature, though established for several centuries, were + scarcely ever allowed by the English to be parts of their + constitution: the affection of the nation for liberty still + prevailed over all precedent, and even all political + reasoning; the exercise of these powers, after being long + the source of secret murmurs among the people, was, in + fulness of time, solemnly abolished as illegal, at least as + oppressive, by the whole legislative authority. +</pre> + <p> + To return to the period from which this account of the charters has led + us: though the king’s impatience to appear at the head of his armies in + Flanders made him overlook all considerations, either of domestic + discontents or of commotions among the Scots, his embarkation had been so + long retarded by the various obstructions thrown in his way, that he lost + the proper season for action, and after his arrival made no progress + against the enemy. The king of France, taking advantage of his absence, + had broken into the Low Countries; had defeated the Flemings in the battle + of Furnes; had made himself master of Lisle, St. Omer, Courtrai, and + Ypres; and seemed in a situation to take full vengeance on the earl of + Flanders, his rebellious vassal. But Edward, seconded by an English army + of fifty thousand men, (for this is the number assigned by historians,[*]) + was able to stop the career of his victories; and Philip, finding all the + weak resources of his kingdom already exhausted, began to dread a reverse + of fortune, and to apprehend an invasion on France itself. + </p> +<pre xml:space="preserve"> + * Helming, vol i. p 146. +</pre> + <p> + The king of England, on the other hand, disappointed of assistance from + Adolph, king of the Romans, which he had purchased at a very high price, + and finding many urgent calls for his presence in England, was desirous of + ending, on any honorable terms, a war which served only to divert his + force from the execution of more important projects. This disposition in + both monarchs soon produced a cessation of hostilities for two years; and + engaged them to submit their differences to the arbitration of Pope + Boniface. + </p> + <p class="side"> + 1298. + </p> + <p> + Boniface was among the last of the sovereign pontiffs that exercised an + authority over the temporal jurisdiction of princes; and these exorbitant + pretensions, which he had been tempted to assume from the successful + example of his predecessors, but of which the season was now past, + involved him in so many calamities, and were attended with so unfortunate + a catastrophe, that they have been secretly abandoned, though never openly + relinquished, by his successors in the apostolic chair. Edward and Philip, + equally jealous of papal claims, took care to insert in their reference, + that Boniface was made judge of the difference by their consent, as a + private person, not by any right of his pontificate; and the pope, without + seeming to be offended at this mortifying clause, proceeded to give a + sentence between them, in which they both acquiesced.[*] He brought them + to agree, that their union should be cemented by a double marriage; that + of Edward himself, who was now a widower, with Margaret, Philip’s sister, + and that of the prince of Wales with Isabella, daughter of that + monarch.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 817. Heining. vol. i. p. 149. Trivet, + p. 310 + + ** Rymer, vol. ii. p. 823 +</pre> + <p> + Philip was likewise willing to restore Guienne to the English, which he + had indeed no good pretence to detain; but he insisted that the Scots, and + their king, John Baliol, should, as his allies, be comprehended in the + treaty, and should be restored to their liberty. The difference., after + several disputes, was compromised, by their making mutual sacrifices to + each other. Edward agreed to abandon his ally the earl of Flanders, on + condition that Philip should treat in like manner his ally the king of + Scots. The prospect of conquering these two countries, whose situation + made them so commodious an acquisition to the respective kingdoms, + prevailed over all other considerations; and though they were both finally + disappointed in their hopes, their conduct was very reconcilable to the + principles of an interested policy. This was the first specimen which the + Scots had of the French alliance, and which was exactly conformable to + what a smaller power must always expect, when it blindly attaches itself + to the will and fortunes of a greater. That unhappy people now engaged in + a brave though unequal contest for their liberties, were totally + abandoned, by the ally in whom they reposed their final confidence, to the + will of an imperious conqueror. + </p> + <p> + Though England, as well as other European countries, was, in its ancient + state, very ill qualified for making, and still worse for maintaining + conquests, Scotland was so much inferior in its internal force, and was so + ill situated for receiving foreign succors, that it is no wonder Edward, + an ambitious monarch, should have cast his eye on so tempting an + acquisition, which brought both security and greatness to his native + country. But the instruments whom he employed to maintain his dominion + over the northern kingdom were not happily chosen, and acted not with the + requisite prudence and moderation, in reconciling the Scottish nation to a + yoke which they bore with such extreme reluctance. Warrenne, retiring into + England on account of his bad state of health, left the administration + entirely in the hands of Ormesby, who was appointed justiciary of + Scotland, and Cressingham, who bore the office of treasurer; and a small + military force remained, to secure the precarious authority of those + ministers. The latter had no other object than the amassing of money by + rapine and injustice: the former distinguished himself by the rigor and + severity of his temper: and both of them, treating the Scots as a + conquered people, made them sensible, too early, of the grievous servitude + into which they had fallen. As Edward required that all the proprietors of + land should swear fealty to him, every one who refused or delayed giving + this testimony of submission, was outlawed and imprisoned, and punished + without mercy; and the bravest and most generous spirits of the nation + were thus exasperated to the highest degree against the English + government.[*] + </p> +<pre xml:space="preserve"> + * Walsing. p. 70. Heming, vol. i. p. 118. Trivet, p. 299. +</pre> + <p> + There was one William Wallace, of a small fortune, but descended of an + ancient family in the west of Scotland, whose courage prompted him to + undertake, and enabled him finally to accomplish, the desperate attempt of + delivering his native country from the dominion of foreigners. This man, + whose valorous exploits are the object of just admiration, but have been + much exaggerated by the traditions of his countrymen, had been provoked by + the insolence of an English officer to put him to death; and finding + himself obnoxious on that account to the severity of the administration, + he fled into the woods, and offered himself as a leader to all those whom + their crimes, or bad fortune, or avowed hatred of the English, had reduced + to a like necessity. He was endowed with gigantic force of body, with + heroic courage of mind, with disinterested magnanimity, with incredible + patience, and ability to bear hunger, fatigue, and all the severities of + the seasons; and he soon acquired, among those desperate fugitives, that + authority to which his virtues so justly entitled him. Beginning with + small attempts, in which he was always successful, he gradually proceeded + to more momentous enterprises; and he discovered equal caution in securing + his followers, and valor in annoying the enemy. By his knowledge of the + country he was enabled, when pursued, to insure a retreat among the + morasses, or forests, or mountains; and again collecting his dispersed + associates, he unexpectedly appeared in another quarter, and surprised, + and routed, and put to the sword the unwary English. Every day brought + accounts of his great actions, which were received with no less favor by + his countrymen than terror by the enemy: all those who thirsted after + military fame were desirous to partake of his renown: his successful valor + seemed to vindicate the nation from the ignominy into which it had fallen, + by its tame submission to the English; and though no nobleman of note + ventured as yet to join his party, he had gained a general confidence and + attachment, which birth and fortune are not alone able to confer. + </p> + <p> + Wallace, having, by many fortunate enterprises, brought the valor of his + followers to correspond to his own, resolved to strike a decisive blow + against the English government; and he concerted the plan of attacking + Ormesby at Scone; and of taking vengeance on him for all the violence and + tyranny of which he had been guilty. The justiciary, apprised of his + intentions, fled hastily into England: all the other officers of that + nation imitated his example: their terror added alacrity and courage to + the Scots, who betook themselves to arms in every quarter; many of the + principal barons, and among the rest Sir William Douglas,[*] openly + countenanced Wallace’s party: Robert Bruce secretly favored and promoted + the same cause: and the Scots, shaking off their fetters, prepared + themselves to defend, by a united effort, that liberty which they had so + unexpectedly recovered from the hands of their oppressors. + </p> +<pre xml:space="preserve"> + * Walsing. p. 70. vol. i. p. 118. +</pre> + <p> + But Warrenne, collecting an army of forty thousand men in the north of + England, determined to reëstablish his authority; and he endeavored, by + the celerity of his armament and of his march, to compensate for his past + negligence, which had enabled the Scots to throw off the English + government. He suddenly entered Annandale, and came up with the enemy at + Irvine, before their forces were fully collected, and before they had put + themselves in a posture of defence. Many of the Scottish nobles, alarmed + with their dangerous situation, here submitted to the English, renewed + their oaths of fealty, promised to deliver hostages for their good + behavior, and received a pardon for past offences.[*] Others, who had not + yet declared themselves, such as the steward of Scotland and the earl of + Lenox, joined, though with reluctance, the English army, and waited a + favorable opportunity for embracing the cause of their distressed + countrymen. But Wallace, whose authority over his retainers was more fully + confirmed by the absence of the great nobles, persevered obstinately in + his purpose; and finding himself unable to give battle to the enemy, he + marched northwards, with an intention of prolonging the war, and of + turning to his advantage the situation of that mountainous and barren + country. When Warrenne advanced to Stirling, he found Wallace encamped at + Cambuskenneth, on the opposite banks of the Forth; and being continually + urged by the impatient Cressingham, who was actuated both by personal and + national animosities against the Scots,[**] he prepared to attack them in + that position, which Wallace, no less prudent than courageous, had chosen + for his army.[***] + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 121, 22. + + ** Heming. vol. i. p. 127. + + *** On the 11th of September, 1297. +</pre> + <p> + In spite of the remonstrances of Sir Richard Lundy, a Scotchman of birth + and family, who sincerely adhered to the English, he ordered his army to + pass a bridge which lay over the Forth; but he was soon convinced, by + fatal experience, of the error of his conduct. Wallace, allowing such + numbers of the English to pass as he thought proper, attacked them before + they were fully formed, put them to rout, pushed part of them into the + river, destroyed the rest by the edge of the sword, and gained a complete + victory over them.[*] Among the slain was Cressingham himself, whose + memory was so extremely odious to the Scots, that they flayed his dead + body, and made saddles and girths of his skin.[**] Warrenne, finding the + remainder of his army much dismayed by this misfortune, was obliged again + to evacuate the kingdom, and retire into England. The Castles of Roxburgh + and Berwick, ill fortified and feebly defended, fell soon after into the + hands of the Scots. + </p> + <p> + Wallace, universally revered as the deliverer of his country, now + received, from the hands of his followers, the dignity of regent or + guardian under the captive Baliol; and finding that the disorders of war, + as well as the unfavorable seasons, had produced a famine in Scotland, he + urged his army to march into England, to subsist at the expense of the + enemy, and to revenge all past injuries, by retaliating on that hostile + nation. The Scots, who deemed everything possible under such a leader, + joyfully attended his call. Wallace, breaking into the northern counties + during the winter season, laid every place waste with fire and sword; and + after extending on all sides, without opposition, the fury of his ravages + as far as the bishopric of Durham, he returned, loaded with spoils and + crowned with glory, into his own country.[***] The disorders which at that + time prevailed in England, from the refractory behavior of the constable + and mareschal, made it impossible to collect an army sufficient to resist + the enemy, and exposed the nation to this loss and dishonor. + </p> +<pre xml:space="preserve"> + * Walsing. p. 73. Heming. vol. i. p. 127, 128, 129. Trivet, + p. 807. + + ** Heming. vol. i. p. 130. + + *** Heming. vol. i. p. 131, 132, 136. +</pre> + <p> + But Edward, who received in Flanders intelligence of these events, and had + already concluded a truce with France, now hastened over to England, in + certain hopes, by his activity and valor, not only of wiping off this + disgrace, but of recovering the important conquest of Scotland, which he + always regarded as the chief glory and advantage of his reign. He appeased + the murmurs of his people by concessions and promises: he restored to the + citizens of London the election of their own magistrates, of which they + had been bereaved in the latter part of his father’s reign: he ordered + strict inquiry to be made concerning the corn and other goods which had + been violently seized before his departure, as if he intended to pay the + value to the owners:[*] and making public professions of confirming and + observing the charters he regained the confidence of the discontented + nobles. Having by all these popular arts rendered himself entirely master + of his people, he collected the whole military force of England, Wales, + and Ireland, and marched with an army of near a hundred thousand + combatants to the northern frontiers. + </p> + <p> + Nothing could have enabled the Scots to resist, but for one season, so + mighty a power, except an entire union among themselves; but as they were + deprived of their king, whose personal qualities, even when he was + present, appeared so contemptible, and had left among his subjects no + principle of attachment to him or his family, factions, jealousies, and + animosities unavoidably arose among the great, and distracted all their + councils. The elevation of Wallace, though purchased by so great merit, + and such eminent services, was the object of envy to the nobility, who + repined to see a private gentleman raised above them by his rank, and + still more by his glory and reputation. Wallace himself, sensible of their + jealousy and dreading the ruin of his country from those intestine + discords, voluntarily resigned his authority, and retained only the + command over that body of his followers who, being accustomed to victory + under his standard, refused to follow into the field any other leader. The + chief power devolved on the steward of Scotland, and Cummin of Badenoch; + men of eminent birth, under whom the great chieftains were more willing to + serve in defence of their country. The two Scottish commanders, collecting + their several forces from every quarter, fixed their station at Falkirk, + and purposed there to abide the assault of the English. Wallace was at the + head of a third body, which acted under his command. The Scottish army + placed their pikemen along their front; lined the intervals between the + three bodies with archers; and dreading the great superiority of the + English in cavalry, endeavored to secure their front by palisadoes, tied + together by ropes.[**] In this disposition they expected the approach of + the enemy. + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 813. + + ** Walsing. p. 75. Heming, vol. i. p. 163. +</pre> + <p> + The king, when he arrived in sight of the Scots, was pleased with the + prospect of being able, by one decisive stroke, to determine the fortune + of the war; and dividing his army also into three bodies, he led them to + the attack. The English archers, who began about this time to surpass + those of other nations, first chased the Scottish bowmen off the field; + then pouring in their arrows among the pikemen, who were cooped up within + their intrenchments, threw them into disorder, and rendered the assault of + the English pikemen and cavalry more easy and successful. The whole + Scottish army was broken, and chased off the field with great slaughter; + which the historians, attending more to the exaggerated relations of the + populace than to the probability of things, make amount to fifty or sixty + thousand men.[*] It is only certain, that the Scots never suffered a + greater loss in any action, nor one which seemed to threaten more + inevitable ruin to their country. + </p> +<pre xml:space="preserve"> + * Walsing. p. 76. T. Wykes, p. 127. Heming vol. i. p. 163, + 164, 165. Trivet (p. 313) says only twenty thousand. M. + West. (p. 431) says forty thousand. +</pre> + <p> + In this general rout of the army, Wallace’s military skill and presence of + mind enabled him to keep his troops entire and retiring behind the Carron, + he marched leisurely along the banks of that small river, which protected + him from the enemy. Young Bruce, who had already given many proofs of his + aspiring genius, but who served hitherto in the English army, appeared on + the opposite banks, and distinguishing the Scottish chief, as well by his + majestic port as by the intrepid activity of his behavior, called out to + him, and desired a short conference. He here represented to Wallace the + fruitless and ruinous enterprise in which he was engaged; and endeavored + to bend his inflexible spirit to submission under superior power and + superior fortune: he insisted on the unequal contest between a weak state, + deprived of its head and agitated by intestine discord, and a mighty + nation, conducted by the ablest and most martial monarch of the age, and + possessed of every resource either for protracting the war, or for pushing + it with vigor and activity; if the love of his country were his motive for + perseverence, his obstinacy tended only to prolong her misery; if he + carried his views to private grandeur and ambition, he might reflect that, + even if Edward should withdraw his armies, it appeared from past + experience, that so many haughty nobles, proud of the preeminence of their + families, would never submit to personal merit, whose superiority they + were less inclined to regard as an object of admiration than as a reproach + and injury to themselves. To these exhortations Wallace replied that, if + he had hitherto acted alone, as the champion of his country, it was solely + because no second or competitor, or what he rather wished, no leader, had + yet appeared to place himself in that honorable station: that the blame + lay entirely on the nobility, and chiefly on Bruce himself, who, uniting + personal merit to dignity of family, had deserted the post which both + nature and fortune, by such powerful calls, invited him to assume: that + the Scots, possessed of such a head, would, by their unanimity and + concord, have surmounted the chief difficulty under which they now + labored, and might hope, notwithstanding their present losses, to oppose + successfully all the power and abilities of Edward: that heaven itself + could not set a more glorious prize before the eyes either of virtue or + ambition, than to join in one object, the acquisition of royalty with the + defence of national independence: and that as the interests of his + country, no more than those of a brave man, could never be sincerely + cultivated by a sacrifice of liberty, he himself was determined, as far as + possible, to prolong, not her misery, but her freedom, and was desirous + that his own life, as well as the existence of the nation, might terminate + when they could no otherwise be preserved than by receiving the chains of + a haughty victor. The gallantry of these sentiments, though delivered by + an armed enemy, struck the generous mind of Bruce: the flame was conveyed + from the breast of one hero to that of another: he repented of his + engagements with Edward; and opening his eyes to the honorable path + pointed out to him by Wallace, secretly determined to seize the first + opportunity of embracing the cause, however desperate, of his oppressed + country.[*] + </p> +<pre xml:space="preserve"> + * This story is told by all the Scotch writers; though it + must be owned that Trivet and Hemingford, authors of good + credit, both agree that Bruce was not at that time in + Edward’s army. +</pre> + <p class="side"> + 1299. + </p> + <p> + The subjection of Scotland, notwithstanding this great victory of Edward, + was not yet entirely completed. The English army, after reducing the + southern provinces, was obliged to retire for want of provisions; and left + the northern counties in the hands of the natives. The Scots, no less + enraged at their present defeat than elated by their past victories, still + maintained the contest for liberty; but being fully sensible of the great + inferiority of their force, they endeavored, by applications to foreign + courts, to procure to themselves some assistance. The supplications of the + Scottish ministers were rejected by Philip; but were more successful with + the court of Rome. + </p> + <p class="side"> + 1300. + </p> + <p> + Boniface, pleased with an occasion of exerting his authority, wrote a + letter to Edward, exhorting him to put a stop to his oppressions in + Scotland, and displaying all the proofs, such as they had probably been + furnished him by the Scots themselves, for the ancient independence of + that kingdom.[*] Among other arguments hinted at above, he mentioned the + treaty conducted and finished by Edward himself, for the marriage of his + son with the heiress of Scotland; a treaty which would have been absurd, + had he been superior lord of the kingdom, and had possessed by the feudal + law the right of disposing of his ward in marriage. He mentioned several + other striking facts, which fell within the compass of Edward’s own + knowledge particularly that Alexander, when he did homage to the king, + openly and expressly declared in his presence, that he swore fealty not + for his crown, but for the lands which he held in England: and the pope’s + letter might have passed for a reasonable one, had he not subjoined his + own claim to be liege lord of Scotland; a claim which had not once been + heard of, but which, with a singular confidence, he asserted to be full, + entire, and derived from the most remote antiquity. The affirmative style, + which had been so successful with him and his predecessors in spiritual + contests, was never before abused after a more egregious manner in any + civil controversy. + </p> + <p class="side"> + 1301. + </p> + <p> + The reply which Edward made to Boniface’s letter, contains particulars no + less singular and remarkable.[**] He there proves the superiority of + England by historical facts, deduced from the period of Brutus, the + Trojan, who, he said, founded the British monarchy in the age of Eli and + Samuel: he supports his position by all the events which passed in the + island before the arrival of the Romans: and after laying great stress on + the extensive dominions and heroic victories of King Arthur, he vouchsafes + at last to descend to the time of Edward the Elder, with which, in his + speech to the states of Scotland, he had chosen to begin his claim of + superiority. He asserts it to be a fact, “notorious and confirmed by the + records of antiquity,” that the English monarchs had often conferred the + kingdom of Scotland on their own subjects, had dethroned these vassal + kings when unfaithful to them; and had substituted others in their stead. + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 844. + + ** Rymer, vol. ii. p. 863. +</pre> + <p> + He displays with great pomp the full and complete homage which William had + done to Henry II.; without mentioning the formal abolition of that + extorted deed by King Richard, and the renunciation of all future claims + of the same nature. Yet this paper he begins with a solemn appeal to the + Almighty, the searcher of hearts for his own firm persuasion of the + justice of his claim; and no less than a hundred and four barons, + assembled in parliament at Lincoln, concur in maintaining before the pope, + under their seals, the validity of these pretensions.[*] At the same time, + however, they take care to inform Boniface, that, though they had + justified their cause before him, they did not acknowledge him for their + judge: the crown of England was free and sovereign: they had sworn to + maintain all its royal prerogatives, and would never permit the king + himself, were he willing, to relinquish its independency. + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 873. Walsing. p. 85. Heming. vol. i. p. + 186. Trivet, p. 330, M. West, p 443. +</pre> + <p class="side"> + 1302. + </p> + <p> + That neglect, almost total, of truth and justice, which sovereign states + discover in their transactions with each other, is an evil universal and + inveterate; is one great source of the misery to which the human race is + continually exposed; and it may be doubted whether, in many instances, it + be found in the end to contribute to the interests of those princes + themselves, who thus sacrifice their integrity to their politics. As few + monarchs have lain under stronger temptations to violate the principles of + equity than Edward in his transactions with Scotland, so never were they + violated with less scruple and reserve: yet his advantages were hitherto + precarious and uncertain, and the Scots, once roused to arms and inured to + war, began to appear a formidable enemy, even to this military and + ambitious monarch. They chose John Cummin for their regent; and, not + content with maintaining their independence in the northern parts, they + made incursions into the southern counties, which Edward imagined he had + totally subdued. John de Segrave, whom he had left guardian of Scotland, + led an army to oppose them; and lying at Roslin, near Edinburgh, sent out + his forces in three divisions, to provide themselves with forage and + subsistence from the neighborhood. + </p> + <p class="side"> + 1303. + </p> + <p> + One party was suddenly attacked by the regent and Sir Simon Fraser; and + being unprepared, was immediately routed and pursued with great slaughter. + The few that escaped, flying to the second division, gave warning of the + approach of the enemy: the soldiers ran to their arms; and were + immediately led on to take revenge for the death of their countrymen. The + Scots, elated with the advantage already obtained made a vigorous + impression upon them: the English, animated with a thirst of vengeance, + maintained a stout resistance: the victory was long undecided between + them; but at last declared itself entirely in favor of the former, who + broke the English, and chased them to the third division, now advancing + with a hasty march to support their distressed companions. Many of the + Scots had fallen in the two first actions; most of them were wounded, and + all of them extremely fatigued by the long continuance of the combat: yet + were they so transported with success and military rage, that, having + suddenly recovered their order, and arming the followers of their camp + with the spoils of the slaughtered enemy, they drove with fury upon the + ranks of the dismayed English. The favorable moment decided the battle; + which the Scots, had they met with a steady resistance, were not long able + to maintain: the English were chased off the field: three victories were + thus gained in one day;[*] and the renown of these great exploits, + seconded by the favorable dispositions of the people, soon made the regent + master of all the fortresses in the south; and it became necessary for + Edward to begin anew the conquest of the kingdom. + </p> + <p> + The king prepared himself for this enterprise with his usual vigor and + abilities. He assembled both a great fleet and a great army; and entering + the frontiers of Scotland, appeared with a force which the enemy could not + think of resisting in the open field: the English navy, which sailed along + the coast, secured the army from any danger of famine: Edward’s vigilance + preserved it from surprises: and by this prudent disposition they marched + victorious from one extremity of the kingdom to the other, ravaging the + open country, reducing all the castles,[**] and receiving the submissions + of all the nobility, even those of Cummin, the regent. + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 197. + + ** Heming. vol. i. p. 205. the kingdom. Wallace, though he + attended the English army in their march, found but few + opportunities of signalizing that valor which had formerly + made him so terrible to his enemies. +</pre> + <p> + The most obstinate resistance was made by the Castle of Brechin, defended + by Sir Thomas Maule; and the place opened not its gates, till the death of + the governor, by discouraging the garrison, obliged them to submit to the + fate which had overwhelmed the rest. + </p> + <p class="side"> + 1304. + </p> + <p> + Edward, having completed his conquest, which employed him during the space + of near two years, now undertook the more difficult work of settling the + country, of establishing a new form of government, and of making his + acquisition durable to the crown of England. He seems to have carried + matters to extremity against the natives: he abrogated all the Scottish + laws and customs:[*] he endeavored to substitute the English in their + place: he entirely razed or destroyed all the monuments of antiquity: such + records or histories as had escaped his former search were now burnt or + dispersed: and he hastened, by too precipitate steps, to abolish entirely + the Scottish name, and to sink it finally in the English. + </p> +<pre xml:space="preserve"> + * Ryley, p. 506. +</pre> + <p class="side"> + 1305. + </p> + <p> + Edward, however, still deemed his favorite conquest exposed to some danger + so long as Wallace was alive; and being prompted both by revenge and + policy, he employed every art to discover his retreat, and become master + of his person. At last that hardy warrior, who was determined, amidst the + universal slavery of his countrymen, still to maintain his independency, + was betrayed into Edward’s hands by Sir John Monteith, his friend, whom he + had made acquainted with the place of his concealment. The king, whose + natural bravery and magnanimity should have induced him to respect like + qualities in an enemy, enraged at some acts of violence committed by + Wallace during the fury of war, resolved to overawe the Scots by an + example of severity: he ordered Wallace to be carried in chains to London; + to be tried as a rebel and traitor, though he had never made submissions + or sworn fealty to England; and to be executed on Tower Hill. This was the + unworthy fate of a hero, who, through a course of many years, had, with + signal conduct, intrepidity, and perseverance, defended, against a public + and oppressive enemy, the liberties of his native country. + </p> + <p> + But the barbarous policy of Edward failed of the purpose to which it was + directed. The Scots, already disgusted at the great innovations introduced + by the sword of a conqueror into their laws and government, were further + enraged at the injustice and cruelty exercised upon Wallace; and all the + envy which, during his lifetime, had attended that gallant chief, being + now buried in his grave, he was universally regarded as the champion of + Scotland and the patron of her expiring independency. The people, inflamed + with resentment, were every where disposed to rise against the English + government; and it was not long ere a new and more fortunate leader + presented himself, who conducted them to liberty, to victory, and to + vengeance. + </p> + <p class="side"> + 1306. + </p> + <p> + Robert Bruce, grandson of that Robert who had been one of the competitors + for the crown, had succeeded, by his grandfather’s and father’s death, to + all their rights; and the demise of John Baliol, together with the + captivity of Edward, eldest son of that prince, seemed to open a full + career to the genius and ambition of this young nobleman. He saw that the + Scots, when the title to their crown had expired in the males of their + ancient royal family, had been divided into parties nearly equal between + the houses of Bruce and Baliol; and that every incident which had since + happened, had tended to wean them from any attachment to the latter. The + slender capacity of John had proved unable to defend them against their + enemies: he had meanly resigned his crown into the hands of the conqueror: + he had, before his deliverance from captivity, reiterated that resignation + in a manner seemingly voluntary; and had in that deed thrown out many + reflections extremely dishonorable to his ancient subjects, whom he + publicly called traitors, ruffians, and rebels, and with whom, he + declared, he was determined to maintain no further correspondence;[*] he + had, during the time of his exile, adhered strictly to that resolution; + and his son, being a prisoner, seemed ill qualified to revive the rights, + now fully abandoned, of his family. + </p> +<pre xml:space="preserve"> + * Brady’s Hist. vol. ii. App. No. 27. +</pre> + <p> + Bruce therefore hoped that the Scots, so long exposed, from the want of a + leader, to the oppressions of their enemies, would unanimously fly to his + standard, and would seat him on the vacant throne, to which he brought + such plausible pretensions. His aspiring spirit, inflamed by the fervor of + youth, and buoyed up by his natural courage, saw the glory alone of the + enterprise, or regarded the prodigious difficulties which attended it as + the source only of further glory. The miseries and oppressions which he + had beheld his countrymen suffer in their unequal contest, the repeated + defeats and misfortunes which they had undergone, proved to him so many + incentives to bring them relief, and conduct them to vengeance against the + haughty victor. The circumstances which attended Bruce’s first declaration + are variously related; but we shall rather follow the account given by the + Scottish historians; not that their authority is in general anywise + comparable to that of the English, but because they may be supposed + sometimes better informed concerning facts which so nearly interested + their own nation. + </p> + <p> + Bruce, who had long harbored in his breast the design of freeing his + enslaved country, ventured at last to open his mind to John Cummin, a + powerful nobleman, with whom he lived in strict intimacy. He found his + friend, as he imagined, fully possessed with the same sentiments; and he + needed to employ no arts of persuasion to make him embrace the resolution + of throwing off, on the first favorable opportunity, the usurped dominion + of the English. But on the departure of Bruce, who attended Edward to + London, Cummin, who either had all along dissembled with him, or began to + reflect more coolly in his absence on the desperate nature of the + undertaking, resolved to atone for his crime in assenting to this + rebellion, by the merit of revealing the secret to the king of England. + Edward did not immediately commit Bruce to custody; because he intended at + the same time to seize his three brothers, who resided in Scotland; and he + contented himself with secretly setting spies upon him, and ordering all + his motions to be strictly watched. A nobleman of Edward’s court, Bruce’s + intimate friend, was apprised of his danger; but not daring, amidst so + many jealous eyes, to hold any conversation with him, he fell on an + expedient to give him warning, that it was full time he should make his + escape. He sent him by his servant a pair of gilt spurs and a purse of + gold, which he pretended to have borrowed from him; and left it to the + sagacity of his friend to discover the meaning of the present. Bruce + immediately contrived the means of his escape; and as the ground was at + that time covered with snow, he had the precaution, it is said, to order + his horses to be shod with their shoes inverted, that he might deceive + those who should track his path over the open fields or cross roads, + through which he purposed to travel. He arrived in a few days at Dumfries, + in Annandale, the chief seat of his family interest; and he happily found + a great number of the Scottish nobility there assembled, and among the + rest, John Cummin, his former associate. + </p> + <p> + The noblemen were astonished at the appearance of Bruce among them; and + still more when he discovered to them the object of his journey. He told + them that he was come to live or die with them in defence of the liberties + of his country, and hoped, with their assistance, to redeem the Scottish + name from all the indignities which it had so long suffered from the + tyranny of their imperious masters: that the sacrifice of the rights of + his family was the first injury which had prepared the way for their + ensuing slavery; and by resuming them, which was his firm purpose, he + opened to them the joyful prospect of recovering from the fraudulent + usurper their ancient and hereditary independence: that all past + misfortunes had proceeded from their disunion; and they would soon appear + no less formidable than of old to their enemies, if they now deigned to + follow into the field their rightful prince, who knew no medium between + death and victory, that their mountains and their valor, which had, during + so many ages, protected their liberty from all the efforts of the Roman + empire, would still be sufficient, were they worthy of their generous + ancestors, to defend them against the utmost violence of the English + tyrant: that it was unbecoming men, born to the most ancient independence + known in Europe, to submit to the will of any masters; but fatal to + receive those who, being irritated by such persevering resistance, and + inflamed with the highest animosity, would never deem themselves secure in + their usurped dominion but by exterminating all the ancient nobility, and + even all the ancient inhabitants: and that, being reduced to this + desperate extremity, it were better for them at once to perish like brave + men, with swords in their hands, than to dread long, and at last undergo, + the fate of the unfortunate Wallace, whose merits, in the brave and + obstinate defence of his country, were finally rewarded by the hands of an + English executioner. + </p> + <p> + The spirit with which this discourse was delivered, the bold sentiments + which it conveyed, the novelty of Bruce’s declaration, assisted by the + graces of his youth and manly deportment, made deep impression on the + minds of his audience, and roused all those principles of indignation and + revenge, with which they had so long been secretly actuated. The Scottish + nobles declared their unanimous resolution to use the utmost efforts in + delivering their country from bondage, and to second the courage of Bruce, + in asserting his and their undoubted rights against their common + oppressors. Cummin alone who had secretly taken his measures with the + king, opposed this general determination; and by representing the great + power of England, governed by a prince of such uncommon vigor and + abilities, he endeavored to set before them the certain destruction which + they must expect, if they again violated their oaths of fealty, and shook + off their allegiance to the victorious Edward.[*] Bruce, already apprised + of his treachery, and foreseeing the certain failure of all his own + schemes of ambition and glory from the opposition of so potent a leader, + took immediately his resolution; and moved partly by resentment, partly by + policy, followed Cummin on the dissolution of the assembly, attacked him + in the cloisters of the Gray Friars, through which he passed, and running + him through the body, left him for dead. Sir Thomas Kirkpatric, one of + Bruce’s friends, asking him soon after if the traitor were slain, “I + believe so,” replied Bruce. “And is that a matter,” cried Kirkpatric, “to + be left to conjecture? I will secure him.” Upon which he drew his dagger, + ran to Cummin, and stabbed him to the heart. This deed of Bruce and his + associates, which contains circumstances justly condemned by our present + manners, was regarded in that age as an effort of manly vigor and just + policy. The family of Kirkpatric took for the crest of their arms, which + they still wear, a hand with a bloody dagger; and chose for their motto + these words, “I will secure him;” the expression employed by their + ancestor when he executed that violent action. + </p> +<pre xml:space="preserve"> + * M. West. p. 453. +</pre> + <p> + The murder of Cummin affixed the seal to the conspiracy of the Scottish + nobles: they had now no resource left but to shake off the yoke of + England, or to perish in the attempt: the genius of the nation roused + itself from its present dejection: and Bruce, flying to different + quarters, excited his partisans to arms, attacked with success the + dispersed bodies of the English, got possession of many of the castles, + and having made his authority be acknowledged in most parts of the + kingdom, was solemnly crowned and inaugurated in the abbey of Scone by the + bishop of St. Andrews, who had zealously embraced his cause. The English + were again chased out of the kingdom, except such as took shelter in the + fortresses that still remained in their hands; and Edward found that the + Scots, twice conquered in his reign, and often defeated, must yet be anew + subdued. Not discouraged with these unexpected difficulties, he sent Aymer + de Valence with a considerable force into Scotland, to check the progress + of the malecontents; and that nobleman, falling unexpectedly upon Bruce, + at Methven, in Perthshire, threw his army into such disorder as ended in a + total defeat.[*] Bruce fought with the most heroic courage, was thrice + dismounted in the action, and as often recovered himself; but was at last + obliged to yield to superior fortune, and take shelter, with a few + followers, in the Western Isles. The earl of Athole, Sir Simon Fraser, and + Sir Christopher Seton, who had been taken prisoners, were ordered by + Edward to be executed as rebels and traitors.[**] + </p> +<pre xml:space="preserve"> + * Walsing. p. 91. Heming. vol. i. p. 222, 223. Trivet, p. + 344. + + ** Heming. vol. i. p. 223. M. West. p. 456. +</pre> + <p class="side"> + 1307. + </p> + <p> + Many other acts of rigor were exercised by him; and that prince, vowing + revenge against the whole Scottish nation, whom he deemed incorrigible in + their aversion to his government, assembled a great army, and was + preparing to enter the frontiers, secure of success, and determined to + make the defenceless Scots the victims of his severity, when he + unexpectedly sickened and died near Carlisle; enjoining with his last + breath his son and successor to prosecute the enterprise, and never to + desist till he had finally subdued the kingdom of Scotland. He expired in + the sixty-ninth year of his age, and the thirty-fifth of his reign, hated + by his neighbors, but extremely respected and revered by his own subjects. + </p> + <p> + The enterprises finished by this prince, and the projects which he formed + and brought near to a conclusion, were more prudent, more regularly + conducted, and more advantageous to the solid interests of his kingdom, + than those which were undertaken in any reign, either of his ancestors or + his successors. He restored authority to the government, disordered by the + weakness of his father; he maintained the laws against all the efforts of + his turbulent barons; he fully annexed to his crown the principality of + Wales; he took many wise and vigorous measures for reducing Scotland to a + like condition; and though the equity of this latter enterprise may + reasonably be questioned, the circumstances of the two kingdoms promised + such certain success, and the advantage was so visible of uniting the + whole island under one head, that those who give great indulgence to + reasons of state in the measures of princes, will not be apt to regard + this part of his conduct with much severity. But Edward, however + exceptionable his character may appear on the head of justice, is the + model of a politic and warlike king: he possessed industry, penetration, + courage, vigilance, and enterprise: he was frugal in all expenses that + were not necessary; he knew how to open the public treasures on a proper + occasion; he punished criminals with severity; he was gracious and affable + to his servants and courtiers; and being of a majestic figure, expert in + all military exercises, and in the main well proportioned in his limbs, + notwithstanding the great length and the smallness of his legs, he was as + well qualified to captivate the populace by his exterior appearance, as to + gain the approbation of men of sense by his more solid virtues. + </p> + <p> + But the chief advantage which the people of England reaped, and still + continue to reap, from the reign of this great prince, was the correction, + extension, amendment, and establishment of the laws which Edward + maintained in great vigor, and left much improved to posterity; for the + acts of a wise legislator commonly remain, while the acquisition of a + conqueror often perish with him. This merit has justly gained to Edward + the appellation of the English Justinian. Not only the numerous statutes + passed in his reign touch the chief points of jurisprudence, and, + according to Sir Edward Coke,[*] truly deserve the name of establishments, + because they were more constant, standing, and durable laws than any made + since; but the regular order maintained in his administration gave an + opportunity to the common law to refine itself, and brought the judges to + a certainty in their determinations, and the lawyers to a precision in + their pleadings. Sir Matthew Hale has remarked the sudden improvement of + English law during this reign; and ventures to assert, that till his own + time it had never received any considerable increase.[**] Edward settled + the jurisdiction of the several courts; first established the office of + justice of peace; abstained from the practice, too common before him, of + interrupting justice by mandates from the privy-council;[***] repressed + robberies and Edward enacted a law to this purpose; but it is doubtful + whether he ever observed it. We are sure that scarcely any of his + successors did. + </p> +<pre xml:space="preserve"> + * Institute, p. 156. + + ** History of the English Law, p. 158, 163. + + *** Articuli super Cart. cap. 6., Letters of protection were + the ground of a complaint by the commons in 3, Edward (See + Ryley, p. 525.) This practice is declared illegal. +</pre> + <p> + The multitude of these disorders[*] encouraged trade, by giving merchants + an easy method of recovering their debts;[**] and, in short, introduced a + new face of things by the vigor and wisdom of his administration. As law + began now to be well established, the abuse of that blessing began also to + be remarked. Instead of their former associations for robbery and + violence, men entered into formal combinations to support each other in + lawsuits, and it was found requisite to check this iniquity by act of + parliament.[***] + </p> + <p> + There happened in this reign a considerable alteration in the execution of + the laws: the king abolished the office of chief justiciary, which, he + thought, possessed too much power, and was dangerous to the crown;[****] + he completed the division of the court of exchequer into four distinct + courts, which managed each its several branch, without dependence on any + one magistrate; and as the lawyers afterwards invented a method, by means + of their fictions, of carrying business from one court to another, the + several courts became rivals and checks to each other; a circumstance + which tended much to improve the practice of the law in England. + </p> +<pre xml:space="preserve"> + * Statute of Winton. + + ** Statute of Acton Burnel + + *** Statute of Conspirators. + + **** Spel. Gloss, in verbo Justiciarius. + + Gilbert’s History of the Exchequer, p. 8: not bound to it by + his tenure; his visible reluctance to confirm the Great + Charter, as if that concession had no validity from the + deeds of his predecessors; the captious clause which he at + last annexed to his confirmation; his procuring of the + pope’s dispensation from the oaths which he had taken to + observe that charter; and his levying of talliages at + discretion even after the statute, or rather charter, by + which he had renounced that prerogative; these are so many + demonstrations of his arbitrary disposition, and prove with + what exception and reserve we ought to celebrate his love of + justice. He took care that his subjects should do justice to + each other; but he desired always to have his own hands free + in all his transactions, both with them and with his + neighbors. +</pre> + <p> + But though Edward appeared thus, throughout his whole reign, a friend to + law and justice, it cannot be said that he was an enemy to arbitrary + power; and in a government more regular and legal than was that of England + in his age, such practices as those which may be remarked in his + administration, would have given sufficient ground of complaint, and + sometimes were even in his age the object of general displeasure. The + violent plunder and banishment of the Jews; the putting of the whole + clergy at once, and by an arbitrary edict, out of the protection of law; + the seizing of all the wool and leather of the kingdom; the heightening of + the impositions on the former valuable commodity; the new and illegal + commission of Trailbaston; the taking of all the money and plate of + monasteries and churches, even before he had any quarrel with the clergy; + the subjecting of every man possessed of twenty pounds a year to military + service, though by the statute of Northampton, passed in the second of + Edward III.; but it still continued, like many other abuses. There are + instances of it so late as the reign of Queen Elizabeth. + </p> + <p> + The chief obstacle to the execution of justice in those times was the + power of the great barons; and Edward was perfectly qualified, by his + character and abilities, for keeping these tyrants in awe, and restraining + their illegal practices. This salutary purpose was accordingly the great + object of his attention; yet was he imprudently led into a measure which + tended to increase and confirm their dangerous authority. He passed a + statute which, by allowing them to entail their estates, made it + impracticable to diminish the property of the great families, and left + them every means of increase and acquisition.[*] + </p> +<pre xml:space="preserve"> + * Brady of Boroughs, p. 25, from the records +</pre> + <p> + Edward observed a contrary policy with regard to the church: he seems to + have been the first Christian prince that passed a statute of mortmain; + and prevented by law the clergy from making new acquisitions of lands, + which by the ecclesiastical canons they were forever prohibited from + alienating. The opposition between his maxims with regard to the nobility + and to the ecclesiastics, leads us to conjecture, that it was only by + chance he passed the beneficial statute of mortmain, and that his sole + object was to maintain the number of knights’ fees, and to prevent the + superiors from being defrauded of the profits of wardship, marriage, + livery, and other emoluments arising from the feudal tenures. This is + indeed, the reason assigned in the statute itself, and appears to have + been his real object in enacting it. The author of the Annals of Waverley + ascribes this act chiefly to the king’s anxiety for maintaining the + military force of the kingdom but adds, that he was mistaken in his + purpose; for that the Amalekites were overcome more by the prayers of + Moses than by the sword of the Israelites.[*] The statute of mortmain was + often evaded afterwards by the invention of “uses.” + </p> + <p> + Edward was active in restraining the usurpations of the church; and + excepting his ardor for crusades, which adhered to him during his whole + life, seems in other respects to have been little infected with + superstition, the vice chiefly of weak minds. But the passion for crusades + was really in that age the passion for glory. As the pope now felt himself + somewhat more restrained in his former practice of pillaging the several + churches in Europe by laying impositions upon them, he permitted the + generals of particular orders, who resided at Rome, to levy taxes on the + convents subjected to their jurisdiction; and Edward was obliged to enact + a law against this new abuse. It was also become a practice of the court + of Rome to provide successors to benefices before they became vacant: + Edward found it likewise necessary to prevent by law this species of + injustice. + </p> + <p> + The tribute of one thousand marks a year, to which King John, in doing + homage to the pope, had subjected the kingdom, had been pretty regularly + paid since his time, though the vassalage was constantly denied, and + indeed, for fear of giving offence, had been but little insisted on. The + payment was called by a new name of “census,” not by that of tribute. King + Edward seems to have always paid this money with great reluctance; and he + suffered the arrears at one time to run on for six years,[**] at another + for eleven:[***] but as princes in that age stood continually in need of + the pope’s good offices, for dispensations of marriage and for other + concessions, the court of Rome always found means, sooner or later, to + catch the money. The levying of first-fruits was also a new device begun + in this reign, by which his holiness thrust his fingers very frequently + into the purses of the faithful; and the king seems to have unwarily given + way to it. + </p> +<pre xml:space="preserve"> + * Page 234. See also M. West. p. 409. + + ** Rymer, vol. ii p. 77, 107. + + *** Rymer, vol. ii p. 862. +</pre> + <p> + In the former reign, the taxes had been partly scutages, partly such a + proportional part of the movables as was granted by parliament; in this, + scutages were entirely dropped, and the assessment on movables was the + chief method of taxation. Edward, in his fourth year, had a fifteenth + granted him; in his fifth year, a twelfth; in his eleventh year, a + thirtieth from the laity, a twentieth from the clergy; in his eighteenth + year, a fifteenth; in his twenty-second year, a tenth from the laity, a + sixth from London and other corporate towns, half of their benefices from + the clergy; in his twenty-third year, an eleventh from the barons and + others, a tenth from the clergy, a seventh from the burgesses; in his + twenty fourth year, a twelfth from the barons and others, an eighth from + the burgesses, from the clergy nothing, because of the pope’s inhibition; + in his twenty-fifth year, an eighth from the laity, a tenth from the + clergy of Canterbury, a fifth from those of York; in his twenty-ninth + year, a fifteenth from the laity, on account of his confirming the + perambulations of the forests; the clergy granted nothing; in his + thirty-third year, first, a thirtieth from the barons and others, and a + twentieth from the burgesses, then a fifteenth from all his subjects; in + his thirty fourth year, a thirtieth from all his subjects, for knighting + his eldest son. + </p> + <p> + These taxes were moderate; but the king had also duties upon exportation + and importation granted him from time to time: the heaviest were commonly + upon wool. Poundage, or a shilling a pound, was not regularly granted the + kings for life till the reign of Henry V. + </p> + <p> + In 1296, the famous mercantile society, called the “merchant adventurers,” + had its first origin: it was instituted for the improvement of the woollen + manufacture, and the vending of the cloth abroad, particularly at + Antwerp:[*] for the English at this time scarcely thought of any more + distant commerce. + </p> + <p> + This king granted a charter or declaration of protection and privileges to + foreign merchants, and also ascertained the customs or duties which those + merchants were in return to pay on merchandise imported and exported. He + promised them security; allowed them a jury on trials, consisting half of + natives, half of foreigners; and appointed them a justiciary in London for + their protection. But notwithstanding this seeming attention to foreign + merchants, Edward did not free them from the cruel hardship of making one + answerable for the debts, and even for the crimes of another, that came + from the same country.[**] + </p> +<pre xml:space="preserve"> + * Anderson’s History of Commerce, vol. i. p. 137. + + ** Anderson’s History of Commerce, vol. i. p. 146. +</pre> + <p> + We read of such practices among the present barbarous nations. The king + also imposed on them a duty of two shillings on each tun of wine imported, + over and above the old duty; and forty pence on each sack of wool exported + besides half a mark, the former duty.[*] + </p> + <p> + In the year 1303, the exchequer was robbed, and of no less a sum than one + hundred thousand pounds, as is pretended.[**] The abbot and monks of + Westminster were indicted for this robbery, but acquitted. It does not + appear that the king ever discovered the criminals with certainty, though + his indignation fell on the society of Lombard merchants, particularly the + Frescobaldi, very opulent Florentines. + </p> + <p> + The pope having in 1307 collected much money in England, the king enjoined + the nuncio not to export it in specie but in bills of exchange;[***] a + proof that commerce was but ill understood at that time. + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 361. It is the charter of Edward I. + which is there confirmed by Edward III. + + ** Rymer, vol. ii. p. 930. + + *** Rymer, vol. ii. p. 1092. +</pre> + <p> + Edward had by his first wife, Eleanor of Castile, four sons; but Edward, + his heir and successor, was the only one that survived him. She also bore + him eleven daughters, most of whom died in their infancy: of the + surviving, Joan was married first to the earl of Glocester, and after his + death to Ralph de Monthermer: Margaret espoused John, duke of Brabant: + Elizabeth espoused first John, earl of Holland, and afterwards the earl of + Hereford: Mary was a nun at Ambresbury. He had by his second wife, + Margaret of France, two sons and a daughter; Thomas, created earl of + Norfolk and mareschal of England; and Edmund, who was created earl of Kent + by his brother when king. The princess died in her infancy. + </p> + <p> + <a name="link2HCH0003" id="link2HCH0003"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XIV. + </h2> + <p> + <a name="linkimage-0004" id="linkimage-0004"> + <!-- IMG --></a> <a href="images/1_197_edward2.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_197_edward2_th.jpg" style="width:100%;" title="Edward II." alt="1_197_edward2.jpg Edward II. " /><br /> + </div> + <p> + <a name="link2H_4_0006" id="link2H_4_0006"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + EDWARD II. + </h2> + <p class="side"> + 1307. + </p> + <p> + The prepossessions entertained in favor of young Edward, kept the English + from being fully sensible of the extreme loss which they had sustained by + the death of the great monarch who filled the throne; and all men hastened + with alacrity to take the oath of allegiance to his son and successor. + This prince was in the twenty-third year of his age, was of an agreeable + figure, of a mild and gentle disposition, and having never discovered a + propensity to any dangerous vice, it was natural to prognosticate + tranquillity and happiness from his government. But the first act of his + reign blasted all these hopes, and showed him to be totally unqualified + for that perilous situation in which every English monarch during those + ages had, from the unstable form of the constitution, and the turbulent + dispositions of the people derived from it, the misfortune to be placed. + The indefatigable Robert Bruce, though his army had been dispersed, and he + himself had been obliged to take shelter in the Western Isles, remained + not long inactive; but before the death of the late king, had sallied from + his retreat, had again collected his followers, had appeared in the field, + and had obtained by surprise an important advantage over Aymer de Valence, + who commanded the English forces.[*] + </p> +<pre xml:space="preserve"> + * Trivet, p. 346. +</pre> + <p> + He was now become so considerable as to have afforded the king of England + sufficient glory in subduing him, without incurring any danger of seeing + all those mighty preparations, made by his father, fail in the enterprise. + But Edward, instead of pursuing his advantages, marched but a little way + into Scotland; and having an utter incapacity, and equal aversion, for all + application or serious business, he immediately returned upon his + footsteps, and disbanded his army. His grandees perceived, from this + conduct, that the authority of the crown, fallen into such feeble hands, + was no longer to be dreaded, and that every insolence might be practised + by them with impunity. + </p> + <p> + The next measure taken by Edward gave them an inclination to attack those + prerogatives which no longer kept them in awe. There was one Piers + Gavaston, son of a Gascon knight of some distinction, who had honorably + served the late king and who, in reward of his merits, had obtained an + establishment for his son in the family of the prince of Wales. This young + man soon insinuated himself into the affections of his master, by his + agreeable behavior, and by supplying him with all those innocent though + frivolous amusements which suited his capacity and his inclinations. He + was endowed with the utmost elegance of shape and person, was noted for a + fine mien and easy carriage, distinguished himself in all warlike and + genteel exercises, and was celebrated for those quick sallies of wit in + which his countrymen usually excel. By all these accomplishments, he + gained so entire an ascendant over young Edward, whose heart was strongly + disposed to friendship and confidence, that the late king, apprehensive of + the consequences, had banished him the kingdom, and had, before he died, + made his son promise never to recall him. But no sooner did he find + himself master, as he vainly imagined, than he sent for Gavaston; and even + before his arrival at court, endowed him with the whole earldom of + Cornwall, which had escheated to the crown by the death of Edmond, son of + Richard, king of the Romans.[*] Not content with conferring on him those + possessions, which had sufficed as an appanage for a prince of the blood, + he daily loaded him with new honors and riches; married him to his own + niece, sister of the earl of Glocester; and seemed to enjoy no pleasure in + his royal dignity, but as it enabled him to exalt to the highest splendor + this object of his fond affections. + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 1. Heming. vol. i. p. 243. Walsing, p. + 96. +</pre> + <p> + The haughty barons, offended at the superiority of a minion, whose birth, + though reputable, they despised as much inferior to their own, concealed + not their discontent; and soon found reasons to justify their animosity in + the character and conduct of the man they hated. Instead of disarming envy + by the moderation and modesty of his behavior, Gavaston displayed his + power and influence with the utmost ostentation; and deemed no + circumstance of his good fortune so agreeable as its enabling him to + eclipse and mortify all his rivals. He was vain-glorious, profuse, + rapacious; fond of exterior pomp and appearance, giddy with prosperity; + and as he imagined that his fortune was now as strongly rooted in the + kingdom as his ascendant was uncontrolled over the weak monarch, he was + negligent in engaging partisans, who might support his sudden and + ill-established grandeur. At all tournaments he took delight in foiling + the English nobility by his superior address: in every conversation he + made them the object of his wit and raillery: every day his enemies + multiplied upon him; and nought was wanting but a little time to cement + their union, and render it fatal both to him and to his master.[*] + </p> + <p> + It behoved the king to take a journey to France, both in order to do + homage for the duchy of Guienne, and to espouse the Princess Isabella, to + whom he had long been affianced, though unexpected accidents had hitherto + retarded the completion of the marriage.[**] Edward left Gavaston guardian + of the realm,[***] with more ample powers than had usually been + conferred;[****] and, on his return with his young queen, renewed all the + proofs of that fond attachment to the favorite of which every one so + loudly complained. This princess was of an imperious and intriguing + spirit; and finding that her husband’s capacity required, as his temper + inclined, him to be governed, she thought herself best entitled, on every + account, to perform the office, and she contracted a mortal hatred against + the person who had disappointed her in these expectations. She was well + pleased, therefore, to see a combination of the nobility forming against + Gavaston, who, sensible of her hatred, had wantonly provoked her by new + insults and injuries. + </p> +<pre xml:space="preserve"> + * T. de la More, p. 593; Walsing. p. 97. + + ** T. de la More, p. 593. Trivet, Cont. p. 3. + + *** Rymer vol. iii. p. 47. Ypod. Neust. p. 499. + + **** Brady’s App. No. 49. +</pre> + <p class="side"> + 1308. + </p> + <p> + Thomas, earl of Lancaster, cousin-german to the king, and first prince of + the blood, was by far the most opulent and powerful subject in England, + and possessed in his own right, and soon after in that of his wife, + heiress of the family of Lincoln, no less than six earldoms, with a + proportionable estate in land, attended with all the jurisdictions and + power which commonly in that age were annexed to landed property. He was + turbulent and factious in his disposition; mortally hated the favorite, + whose influence over the king exceeded his own; and he soon became the + head of that party among the barons who desired the depression of this + insolent stranger. The confederated nobles bound themselves by oath to + expel Gavaston: both sides began already to put themselves in a warlike + posture: the licentiousness of the age broke out in robberies and other + disorders, the usual prelude of civil war, and the royal authority, + despised in the king’s own hands, and hated in those of Gavaston, became + insufficient for the execution of the laws and the maintenance of peace in + the kingdom. A parliament being summoned at Westminster, Lancaster and his + party came thither with an armed retinue; and were there enabled to impose + their own terms on the sovereign. They required the banishment of + Gavaston, imposed an oath on him never to return, and engaged the bishops, + who never failed to interpose in all civil concerns, to pronounce him + excommunicated if he remained any longer in the kingdom.[*] Edward was + obliged to submit;[**] but even in his compliance gave proofs of his fond + attachment to his favorite. Instead of removing all umbrage by sending him + to his own country, as was expected, he appointed him lord lieutenant of + Ireland[***], attended him to Bristol on his journey thither, and before + his departure conferred on him new lands and riches both in Gascony and + England.[****] Gavaston, who did not want bravery, and possessed talents + for war,[*****] acted, during his government, with vigor against some + Irish rebels, whom he subdued. + </p> +<pre xml:space="preserve"> + * Trivet, Cont. p. 5. + + ** Rymer, vol. iii. p. 80. + + *** Rymer, vol. iii. p. 92. Murimuth, p. 39. + + **** Rymer, vol. iii. p. 87. + +</pre> + <p> + Meanwhile, the king, less shocked with the illegal violence which had been + imposed upon him, than unhappy in the absence of his minion, employed + every expedient to soften the opposition of the barons to his return; as + if success in that point were the chief object of his government. The high + office of hereditary steward was conferred on Lancaster: his + father-in-law, the earl of Lincoln, was bought off by other concessions: + Earl Warrenne was also mollified by civilities, grants, or promises: the + insolence of Gavaston, being no longer before men’s eyes, was less the + object of general indignation; and Edward, deeming matters sufficiently + prepared for his purpose, applied to the court of Rome, and obtained for + Gavaston a dispensation from that oath which the barons had compelled him + to take, that he would forever abjure the realm.[*] He went down to + Chester to receive him on his first landing from Ireland; flew into his + arms with transports of joy; and having obtained the formal consent of the + barons in parliament to his reëstablishment, set no longer any bounds to + his extravagant fondness and affection. Gavaston himself, forgetting his + past misfortunes, and blind to their causes, resumed the same ostentation + and insolence, and became more than ever the object of general detestation + among the nobility. + </p> + <p> + The barons first discovered their animosity by absenting themselves from + parliament; and finding that this expedient had not been successful, they + began to think of employing sharper and more effectual remedies. Though + there had scarcely been any national ground of complaint, except some + dissipation of the public treasure: though all the acts of + mal-administration objected to the king and his favorite, seemed of a + nature more proper to excite heart-burnings in a ball or assembly, than + commotions in a great kingdom: yet such was the situation of the times, + that the barons were determined, and were able, to make them the reasons + of a total alteration in the constitution and civil government. Having + come to parliament, in defiance of the laws and the king’s prohibition, + with a numerous retinue of armed followers, they found themselves entirely + masters; and they presented a petition which was equivalent to a command, + requiring Edward to devolve on a chosen junto the whole authority, both of + the crown and of the parliament. The king was obliged to sign a + commission, empowering the prelates and barons to elect twelve persons, + who should, till the term of Michaelmas in the year following, have + authority to enact ordinances for the government of the kingdom, and + regulation of the king’s household; consenting that these ordinances + should, thenceforth and forever have the force of laws; allowing the + ordainers to form associations among themselves and their friends, for + their strict and regular observance; and all this for the greater glory of + God, the security of the church, and the honor and advantage of the king + and kingdom.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p., 167. + + ** Brady’s App. No. 50. Heming. vol. i. p. 247., Walsing. p. + 97.,Ryley, p. 526. +</pre> + <p> + The barons, in return signed a declaration, in which they acknowledged + that they owed these concessions merely to the king’s free grace; promised + that this commission should never be drawn into precedent; and engaged + that the power of the ordainers should expire at the time appointed.[*] + </p> + <p class="side"> + 1311. + </p> + <p> + The chosen junto accordingly framed their ordinances, and presented them + to the king and parliament, for their confirmation in the ensuing year. + Some of these ordinances were laudable, and tended to the regular + execution of justice; such as those requiring sheriffs to be men of + property, abolishing the practice of issuing privy seals for the + suspension of justice, restraining the practice of purveyance, prohibiting + the adulteration and alteration of the coin, excluding foreigners from the + farms of the revenue, ordering all payments to be regularly made into the + exchequer, revoking all late grants of the crown, and giving the parties + damages in the case of vexatious prosecutions. But what chiefly grieved + the king was the ordinance for the removal of evil counsellors, by which a + great number of persons were by name excluded from every office of power + and profit; and Piers Gavaston himself was forever banished the king’s + dominions, under the penalty, in case of disobedience, of being declared a + public enemy. Other persons, more agreeable to the barons, were + substituted in all the offices. And it was ordained that, for the future, + all the considerable dignities in the household, as well as by the law, + revenue, and military governments, should be appointed by the baronage in + parliament; and the power of making war, or assembling his military + tenants, should no longer be vested solely in the king, nor be exercised + without the consent of the nobility. + </p> + <p> + Edward, from the same weakness both in his temper and situation which had + engaged him to grant this unlimited commission to the barons, was led to + give a parliamentary sanction to their ordinances; but as a consequence of + the same character, he secretly made a protest against them, and declared + that, since the commission was granted only for the making of ordinances + to the advantage of king and kingdom, such articles as should be found + prejudicial to both, were to be held as not ratified and confirmed.[**] + </p> +<pre xml:space="preserve"> + * Brady’s App. No. 51. + + ** Ryley’s Placit. Parl. p. 530, 541. +</pre> + <p> + It is no wonder, indeed, that he retained a firm purpose to revoke + ordinances which had been imposed on him by violence, which entirely + annihilated the royal authority, and above all, which deprived him of the + company and society of a person whom, by an unusual infatuation, he valued + above all the world, and above every consideration of interest or + tranquillity. + </p> + <p> + As soon, therefore, as Edward, removing to York, had freed himself from + the immediate terror of the barons’ power, he invited back Gavaston from + Flanders, which that favorite had made the place of his retreat; and + declaring his banishment to be illegal, and contrary to the laws and + customs of the kingdom,[*] openly reinstated him in his former credit and + authority. + </p> + <p class="side"> + 1312. + </p> + <p> + The barons, highly provoked at this disappointment, and apprehensive of + danger to themselves from the declared animosity of so powerful a minion, + saw that either his or their ruin was now inevitable; and they renewed + with redoubled zeal their former confederacies against him. The earl of + Lancaster was a dangerous head of this alliance; Guy, earl of Warwick, + entered into it with a furious and precipitate passion; Humphrey Bohun, + earl of Hereford, the constable, and Aymer de Valence, earl of Pembroke, + brought to it a great accession of power and interest; even Earl Warrenne + deserted the royal cause, which he had hitherto supported, and was induced + to embrace the side of the confederates;[**] and as Robert de Winchelsey, + archbishop of Canterbury, professed himself of the same party, he + determined the body of the clergy, and consequently the people, to declare + against the king and his minion. So predominant at that time was the power + of the great nobility, that the combination of a few of them was always + able to shake the throne; and such a universal concurrence became + irresistible. The earl of Lancaster suddenly raised an army, and marched + to York, where he found the king already removed to Newcastle:[***] he + flew thither in pursuit of him, and Edward had just time to escape to + Tinmouth, where he embarked, and sailed with Gavaston to Scarborough. He + left his favorite in that fortress, which, had it been properly supplied + with provisions, was deemed impregnable, and he marched forward to York, + in hopes of raising an army which might be able to support him against his + enemies. + </p> +<pre xml:space="preserve"> + * Brady’s App. No. 53. Walsing. p. 98. + + ** Trivet, Cont. p. 4. + + *** Walsing. p. 101. +</pre> + <p> + Pembroke was sent by the confederates to besiege the Castle of + Scarborough, and Gavaston, sensible of the bad condition of his garrison, + was obliged to capitulate, and to surrender himself prisoner.[*] He + stipulated that he should remain in Pembroke’s hands for two months; that + endeavors should, during that time, be mutually used for a general + accommodation; that if the terms proposed by the barons were not accepted, + the castle should be restored to him in the same condition as when he + surrendered it; and that the earl of Pembroke and Henry Piercy should, by + contract, pledge all their lands for the fulfilling of these + conditions.[**] Pembroke, now master of the person of this public enemy, + conducted him to the Castle of Dedington, near Banbury, where, on pretence + of other business, he left him, protected by a feeble guard.[***] Warwick, + probably in concert with Pembroke, attacked the castle: the garrison + refused to make any resistance; Gavaston was yielded up to him, and + conducted to Warwick Castle; the earls of Lancaster, Hereford, and Arundel + immediately repaired thither;[****] and, without any regard either to the + laws or the military capitulation, they ordered the head of the obnoxious + favorite to be struck off by the hands of the executioner.[*****] + </p> + <p> + The king had retired northward to Berwick, when he heard of Gavaston’s + murder; and his resentment was proportioned to the affection which he had + ever borne him while living. He threatened vengeance on all the nobility + who had been active in that bloody scene; and he made preparations for war + in all parts of England. But being less constant in his enmities than in + his friendships, he soon after hearkened to terms of accommodation; + granted the barons a pardon of all offences; and as they stipulated to ask + him publicly pardon on their knees,[******] he was so pleased with these + vain appearances of submission, that he seemed to have sincerely forgiven + them all past injuries. But as they still pretended, notwithstanding their + lawless conduct, a great anxiety for the maintenance of law, and required + the establishment of their former ordinances, as a necessary security for + that purpose, Edward told them that he was willing to grant them a free + and legal confirmation of such of those ordinances as were not entirely + derogatory to the prerogative of the crown. This answer was received for + the present as satisfactory. The king’s person, after the death of + Gavaston, was now become less obnoxious to the public; and as the + ordinances insisted on appeared to be nearly the same with those which had + formerly been extorted from Henry III. by Mountfort, and which had been + attended with so many fatal consequences, they were, on that account, + demanded with less vehemence by the nobility and people. The minds of all + men seemed to be much appeased; the animosities of faction no longer + prevailed; and England, now united under its head, would henceforth be + able, it was hoped, to take vengeance on all its enemies, particularly on + the Scots, whose progress was the object of general resentment and + indignation. + </p> +<pre xml:space="preserve"> + * Walsing, p. 101. + + ** Rymer, vol ii. p. 324. + + *** T de la More, p. 593. + + **** Dugd. Baron, vol. ii. p. 44. + + ****** Ryley, p. 538. Rymer, vol. iii. p. 366. +</pre> + <p> + Immediately after Edward’s retreat from Scotland, Robert Bruce left his + fastnesses, in which he intended to have sheltered his feeble army; and + supplying his defect of strength by superior vigor and abilities, he made + deep impression on all his enemies, foreign and domestic. He chased Lord + Argyle and the chieftain of the Macdowals from their hills, and made + himself entirely master of the high country; he thence invaded with + success the Cummins in the low countries of the north: he took the castles + of Inverness, Forfar, and Brechin; he daily gained some new accession of + territory; and what was a more important acquisition, he daily reconciled + the minds of the nobility to his dominion, and enlisted under his standard + every bold leader, whom he enriched by the spoils of his enemies. Sir + James Douglas, in whom commenced the greatness and renown of that warlike + family, seconded him in all his enterprises: Edward Bruce, Robert’s own + brother, distinguished himself by acts of valor; and the terror of the + English power being now abated by the feeble conduct of the king, even the + least sanguine of the Scots began to entertain hopes of recovering their + independence; and the whole kingdom, except a few fortresses which he had + not the means to attack, had acknowledged the authority of Robert. + </p> + <p> + In this situation, Edward had found it necessary to grant a truce to + Scotland; and Robert successfully employed the interval in consolidating + his power, and introducing order into the civil government, disjointed by + a long continuance of wars and factions. The interval was very short; the + truce, ill observed on both sides, was at last openly violated, and war + recommenced with greater fury than ever. Robert, not content with + defending himself, had made successful inroads into England, subsisted his + needy followers by the plunder of that country, and taught them to despise + the military genius of a people who had long been the object of their + terror. Edward at last, roused from his lethargy, had marched an army into + Scotland, and Robert, determined not to risk too much against an enemy so + much superior, retired again into the mountains. The king advanced beyond + Edinburgh; but being destitute of provisions, and being ill supported by + the English nobility, who were then employed in framing their ordinances, + he was soon obliged to retreat, without gaining any advantage over the + enemy. But the appearing union of all the parties in England, after the + death of Gavaston, seemed to restore that kingdom to its native force, + opened again the prospect of reducing Scotland, and promised a happy + conclusion to a war, in which both the interests and passions of the + nation were so deeply engaged. + </p> + <p class="side"> + 1314. + </p> + <p> + Edward assembled forces from all quarters, with a view of finishing at one + blow this important enterprise. He summoned the most warlike of his + vassals from Gascony; he enlisted troops from Flanders and other foreign + countries; he invited over great numbers of the disorderly Irish as to a + certain prey; he joined to them a body of the Welsh, who were actuated by + like motives; and, assembling the whole military force of England, he + marched to the frontiers with an army which, according to the Scotch + writers, amounted to a hundred thousand men. + </p> + <p> + The army collected by Robert exceeded not thirty thousand combatants; but + being composed of men who had distinguished themselves by many acts of + valor, who were rendered desperate by their situation, and who were inured + to all the varieties of fortune, they might justly, under such a leader, + be deemed formidable to the most numerous and best appointed armies. The + Castle of Stirling, which, with Berwick, was the only fortress in Scotland + that remained in the hands of the English, had long been besieged by + Edward Bruce: Philip de Mowbray, the governor, after an obstinate defence, + was at last obliged to capitulate, and to promise, that if, before a + certain day, which was now approaching, he were not relieved, he should + open his gates to the enemy.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 481. +</pre> + <p> + Robert, therefore, sensible that here was the ground on which he must + expect the English, chose the field of battle with all the skill and + prudence imaginable, and made the necessary preparations for their + reception. He posted himself at Bannockburn, about two miles from + Stirling, where he had a hill on his right flank, and a morass on his + left; and not content with having taken these precautions to prevent his + being surrounded by the more numerous army of the English, he foresaw the + superior strength of the enemy in cavalry, and made provision against it. + Having a rivulet in front, he commanded deep pits to be dug along its + banks, and sharp stakes to be planted in them; and he ordered the whole to + be carefully covered over with turf.[*] The English arrived in sight on + the evening, and a bloody conflict immediately ensued between two bodies + of cavalry; where Robert, who was at the head of the Scots, engaged in + single combat with Henry de Bohun, a gentleman of the family of Hereford; + and at one stroke cleft his adversary to the chin with a battle-axe, in + sight of the two armies. The English horse fled with precipitation to + their main body. + </p> + <p> + The Scots, encouraged by this favorable event, and glorying in the valor + of their prince, prognosticated a happy issue to the combat on the ensuing + day: the English, confident in their numbers, and elated with former + successes, longed for an opportunity of revenge; and the night, though + extremely short in that season and in that climate, appeared tedious to + the impatience of the several combatants. Early in the morning, Edward + drew out his army, and advanced towards the Scots. The earl of Glocester, + his nephew, who commanded the left wing of the cavalry, impelled by the + ardor of youth, rushed on to the attack without precaution, and fell among + the covered pits, which had been prepared by Bruce for the reception of + the enemy.[**] This body of horse was disordered; Glocester himself was + overthrown and slain: Sir James Douglas, who commanded the Scottish + cavalry, gave the enemy no leisure to rally, but pushed them off the field + with considerable loss, and pursued them in sight of their whole line of + infantry. While the English army were alarmed with this unfortunate + beginning of the action, which commonly proves decisive, they observed an + army on the heights towards the left, which seemed to be marching + leisurely in order to surround them; and they were distracted by their + multiplied fears. This was a number of wagoners and sumpter boys, whom + Robert had collected; and having supplied them with military standards, + gave them the appearance at a distance of a formidable body. + </p> +<pre xml:space="preserve"> + * T. de la More, p. 594. + + ** T. de la More, p. 594. +</pre> + <p> + The stratagem took effect: a panic seized the English: they threw down + their arms and fled: they were pursued with great slaughter for the space + of ninety miles, till they reached Berwick: and the Scots, besides an + inestimable booty, took many persons of quality prisoners, and above four + hundred gentlemen, whom Robert treated with great humanity,[*] and whose + ransom was a new accession of wealth to the victorious army. The king + himself narrowly escaped by taking shelter in Dunbar, whose gates were + opened to him by the earl of March; and he thence passed by sea to + Berwick. + </p> +<pre xml:space="preserve"> + * Ypod. Neust. p. 501. +</pre> + <p> + Such was the great and decisive battle of Bannockburn, which secured the + independence of Scotland, fixed Bruce on the throne of that kingdom, and + may be deemed the greatest overthrow that the English nation, since the + conquest, has ever received. The number of slain on those occasions is + always uncertain, and is commonly much magnified by the victors: but this + defeat made a deep impression on the mind of the English; and it was + remarked that, for some years, the superiority of numbers could encourage + them to keep the field against the Scots. Robert, in order to avail + himself of his present success, entered England, and ravaged all the + northern counties without opposition: he besieged Carlisle; but that place + was saved by the valor of Sir Andrew Harcla, the governor: he was more + successful against Berwick, which he took by assault: and this prince, + elated by his continued prosperity, now entertained hopes of making the + most important conquests on the English. + </p> + <p class="side"> + 1315. + </p> + <p> + He sent over his brother Edward, with an army of six thousand men, into + Ireland; and that nobleman assumed the title of king of that island; he + himself followed soon after with more numerous forces: the horrible and + absurd oppressions which the Irish suffered under the English government, + made them, at first, fly to the standard of the Scots, whom they regarded + as their deliverers: but a grievous famine, which at that time desolated + both Ireland and Britain, reduced the Scottish army to the greatest + extremities; and Robert was obliged to return, with his forces much + diminished, into his own country. His brother, after having experienced a + variety or fortune, was defeated and slain near Dundalk by the English, + commanded by Lord Bermingham: and these projects, too extensive for the + force of the Scottish nation, thus vanished into smoke. + </p> + <p> + Edward, besides suffering those disasters from the invasion of the Scots + and the insurrection of the Irish, was also infested with a rebellion in + Wales; and above all, by the factions of his own nobility, who took + advantage of the public calamities, insulted his fallen fortunes, and + endeavored to establish their own independence on the ruins of the throne. + Lancaster and the barons of his party, who had declined attending him on + his Scottish expedition, no sooner saw him return with disgrace, than they + insisted on the renewal of their ordinances, which, they still pretended, + had validity; and the king’s unhappy situation obliged him to submit to + their demands. The ministry was new-modelled by the direction of + Lancaster:[*] that prince was placed at the head of the council: it was + declared, that all the offices should be filled, from time to time, by the + votes of parliament, or rather by the will of the great barons:[**] and + the nation, under this new model of government, endeavored to put itself + in a better posture of defence against the Scots. But the factious nobles + were far from being terrified with the progress of these public enemies: + on the contrary, they founded the hopes of their own future grandeur on + the weakness and distresses of the crown: Lancaster himself was suspected, + with great appearance of reason, of holding a secret correspondence with + the king of Scots: and though he was intrusted with the command of the + English armies, he took care that every enterprise should be disappointed, + and every plan of operations prove unsuccessful. + </p> +<pre xml:space="preserve"> + * Ryley, p, 560. Rymer, vol. iii. p. 722. + + ** Brady vol. ii. p. 122, from the records, App. No. 61. + Ryley p. 560. +</pre> + <p> + All the European kingdoms, especially that of England, were at this time + unacquainted with the office of a prime minister, so well understood at + present in all regular monarchies; and the people could form no conception + of a man who, though still in the rank of a subject, possessed all the + power of a sovereign, eased the prince of the burden of affairs, supplied + his want of experience or capacity, and maintained all the rights of the + crown, without degrading the greatest nobles by their submission to his + temporary authority. Edward was plainly by nature unfit to hold himself + the reins of government: he had no vices, but was unhappy in a total + incapacity for serious business: he was sensible of his own defects, and + necessarily sought to be governed: yet every favorite whom he successively + chose, was regarded as a fellow-subject exalted above his rank and + station: he was the object of envy to the great nobility: his character + and conduct were decried with the people: his authority over the king and + kingdom was considered as a usurpation: and unless the prince had embraced + the dangerous expedient of devolving his power on the earl of Lancaster, + or some mighty baron, whose family interest was so extensive as to be able + alone to maintain his influence, he could expect no peace or tranquillity + upon the throne. + </p> + <p> + The king’s chief favorite, after the death of Gavaston, was Hugh le + Despenser, or Spenser, a young man of English birth, of high rank, and of + a noble family.[*] He possessed all the exterior accomplishments of person + and address which were fitted to engage the weak mind of Edward; but was + destitute of that moderation and prudence which might have qualified him + to mitigate the envy of the great, and conduct him through all the perils + of that dangerous station to which he was advanced. His father, who was of + the same name, and who, by means of his son, had also attained great + influence over the king, was a nobleman venerable from his years, + respected through all his past life for wisdom, valor, and integrity, and + well fitted by his talents and experience, could affairs have admitted of + any temperament, to have supplied the defects both of the king and of his + minion.[**] But no sooner was Edward’s attachment declared for young + Spenser, than the turbulent Lancaster, and most of the great barons, + regarded him as their rival, made him the object of their animosity, and + formed violent plans for his ruin.[***] They first declared their + discontent by withdrawing from parliament; and it was not long ere they + found a pretence for proceeding to greater extremities against him. + </p> + <p class="side"> + 1321. + </p> + <p> + The king, who set no limits to his bounty toward his minions, had married + the younger Spenser to his niece one of the coheirs of the earl of + Glocester, slain at Bannockburn. The favorite, by his succession to that + opulent family, had inherited great possessions in the marches of + Wales,[****] and being desirous of extending still farther his influence + in those quarters, he is accused of having committed injustice on the + barons of Audley and Ammori, who had also married two sisters of the same + family. + </p> +<pre xml:space="preserve"> + * Dugd. Baron, vol. i. p. 389. + + ** T. de la More, p. 594. + + *** Walsing. p. 113. T. de la More, p. 595. Murimuth, p. 55. + + **** Trivet, Cont. p. 25. +</pre> + <p> + There was likewise a baron in that neighborhood, called William de + Braouse, lord of Gower, who had made a settlement of his estate on John de + Mowbray, his son-in-law; and in case of failure of that nobleman and his + issue, had substituted the earl of Hereford in the succession to the + barony of Gower. Mowbray, on the decease of his father-in-law, entered + immediately in possession of the estate, without the formality of taking + livery and seizin from the crown; but Spenser, who coveted that barony, + persuaded the king to put in execution the rigor of the feudal law, to + seize Gower as escheated to the crown, and to confer it upon him.[*] This + transaction, which was the proper subject of a lawsuit, immediately + excited a civil war in the kingdom. The earls of Lancaster and Hereford + flew to arms: Audle and Ammori joined them with all their forces: the two + Rogers de Mortimer and Roger de Clifford, with many others, disgusted for + private reasons at the Spensers, brought a considerable accession to the + party; and their army being now formidable, they sent a message to the + king, requiring him immediately to dismiss or confine the younger Spenser; + and menacing him, in case of refusal, with renouncing their allegiance to + him, and taking revenge on that minister by their own authority. They + scarcely waited for an answer; but immediately fell upon the lands of + young Spenser, which they pillaged and destroyed; murdered his servants, + drove off his cattle, and burned his houses.[**] They thence proceeded to + commit like devastations on the estates of Spenser the father, whose + character they had hitherto seemed to respect. And having drawn and signed + a formal association among themselves,[***] they marched to London with + all their forces, stationed themselves in the neighborhood of that city, + and demanded of the king the banishment of both the Spensers. + </p> +<pre xml:space="preserve"> + * Monach. Malms. + + ** Murimuth, p. 55. + + *** Tyrrel, vol. ii p. 280, from the register of C. C. + Canterbury. +</pre> + <p> + These noblemen were then absent; the father abroad, the son at sea; and + both of them employed in different commissions: the king therefore + replied, that his coronation oath, by which he was bound to observe the + laws, restrained him from giving his assent to so illegal a demand, or + condemning noblemen who were accused of no crime, nor had any opportunity + afforded them of making answer.[*] Equity and reason were but a feeble + opposition to men who had arms in their hands, and who, being already + involved in guilt, saw no safety but in success and victory. They entered + London with their troops; and giving in to the parliament, which was then + sitting, a charge against the Spensers, of which they attempted not to + prove one article, they procured, by menaces and violence, a sentence of + attainder and perpetual exile against these ministers.[**] This sentence + was voted by the lay barons alone; for the commons, though now an estate + in parliament, were yet of so little consideration, that their assent was + not demanded; and even the votes of the prelates were neglected amidst the + present disorders. The only symptom which these turbulent barons gave of + their regard to law, was their requiring from the king an indemnity for + their illegal proceedings;[***] after which they disbanded their army, and + separated, in security, as they imagined, to their several castles. + </p> + <p> + This act of violence, in which the king was obliged to acquiesce, rendered + his person and his authority so contemptible, that every one thought + himself entitled to treat him with neglect. The queen, having occasion + soon after to pass by the castle of Leeds in Kent, which belonged to the + lord Badlesmere, desired a night’s lodging, but was refused admittance; + and some of her attendants, who presented themselves at the gate, were + killed.[****] The insult upon this princess, who had always endeavored to + live on good terms with the barons, and who joined them heartily in their + hatred of the young Spenser, was an action which nobody pretended to + justify; and the king thought that he might, without giving general + umbrage, assemble an army, and take vengeance on the offender. No one came + to the assistance of Badlesmere; and Edward prevailed.[*****] + </p> +<pre xml:space="preserve"> + * Walsing. p. 114. + + ** Tottle’s Collect, part ii p. 50. Walsing. p. 114. + + *** Tottle’s Collect, part ii. p. 54. Rymer, vol. iii. p. 891. + + **** Rymer, vol. iii. p. 89. Walsing. p. 114, 115. T. de la + Mare, p. 595. Murimuth, p. 56. + +</pre> + <p> + But having now some forces on foot, and having concerted measures with his + friends throughout England, he ventured to take off the mask, to attack + all his enemies, and to recall the two Spensers, whose sentence he + declared illegal, unjust, contrary to the tenor of the Great Charter, + passed without the assent of the prelates, and extorted by violence from + him and the estate of barons.[*] Still the commons were not mentioned by + either party. + </p> + <p class="side"> + 1322. + </p> + <p> + The king had now got the start of the barons, an advantage which, in those + times, was commonly decisive, and he hastened with his army to the marches + of Wales, the chief seat of the power of his enemies, whom he found + totally unprepared for resistance. Many of the barons in those parts + endeavored to appease him by submission:[**] their castles were seized, + and their persons committed to custody. But Lancaster, in order to prevent + the total ruin of his party, summoned together his vassals and retainers; + declared his alliance with Scotland, which had long been suspected; + received the promise of a reënforcement from that country, under the + command of Randolf, earl of Murray, and Sir James Douglas;[***] and being + joined by the earl of Hereford, advanced with all his forces against the + king, who had collected an army of thirty thousand men, and was superior + to his enemies. Lancaster posted himself at Burton upon Trent, and + endeavored to defend the passages of the river:[****] but being + disappointed in that plan of operations, this prince, who had no military + genius, and whose personal courage was even suspected, fled with his army + to the north, in expectation of being there joined by his Scottish + allies.[*****] He was pursued by the king, and his army diminished daily, + till he came to Boroughbridge, where he found Sir Andrew Harcla posted + with some forces on the opposite side of the river, and ready to dispute + the passage with him. He was repulsed in an attempt which he made to force + his way: the earl of Hereford was killed; the whole army of the rebels was + disconcerted: Lancaster himself was become incapable of taking any + measures either for flight or defence; and he was seized without + resistance by Harcla, and conducted to the king.[******] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 907. T. de la More, p. 595. + + ** Walsing. p. 115. Murimuth, p. 57. + + *** Rymer, vol. iii. p. 958. + + **** Walsing. p. 115. + + ****** T. de la More, p. 596. Walsing. p. 116. +</pre> + <p> + In those violent times, the laws were so much neglected on both sides, + that, even where they might, without any sensible inconvenience, have been + observed, the conquerors deemed it unnecessary to pay any regard to them. + Lancaster, who was guilty of open rebellion, and was taken in arms against + his sovereign, instead of being tried by the laws of his country, which + pronounced the sentence of death against him, was condemned by a + court-martial,[*] and led to execution. Edward, however, little vindictive + in his natural temper, here indulged his revenge, and employed against the + prisoner the same indignities which had been exercised by his orders + against Gavaston. He was clothed in a mean attire, placed on a lean jade + without a bridle, a hood was put on his head, and in this posture, + attended by the acclamations of the people, this prince was conducted to + an eminence near Pomfret, one of his own castles, and there beheaded.[**] + </p> +<pre xml:space="preserve"> + * Tyrrel, vol. 11. p. 291. + + ** Leland’s Coll. vol. i. p. 668. +</pre> + <p> + Thus perished Thomas, earl of Lancaster, prince of the blood, and one of + the most potent barons that had ever been in England. His public conduct + sufficiently discovers the violence and turbulence of his character: his + private deportment appears not to have been more innocent: and his + hypocritical devotion, by which he gained the favor of the monks and + populace, will rather be regarded as an aggravation than an alleviation of + his guilt. Badlesmere, Giffard, Barret, Cheyney, Fleming, and about + eighteen of the most notorious offenders, were afterwards condemned by a + legal trial, and were executed. Many were thrown into prison: others made + their escape beyond sea: some of the king’s servants were rewarded from + the forfeitures: Harcla received for his services the earldom of Carlisle, + and a large estate, which he soon after forfeited with his life, for a + treasonable correspondence with the king of Scotland. But the greater part + of those vast escheats were seized by young Spenser, whose rapacity was + insatiable. Many of the barons of the king’s party were disgusted with + this partial division of the spoils: the envy against Spenser rose higher + than ever: the usual insolence of his temper, inflamed by success, + impelled him to commit many acts of violence: the people, who always hated + him, made him still more the object of aversion: all the relations of the + attainted barons and gentlemen secretly vowed revenge: and though + tranquillity was in appearance restored to the kingdom, the general + contempt of the king, and odium against Spenser, bred dangerous humors, + the source of future revolutions and convulsions. + </p> + <p> + In this situation, no success could be expected from foreign wars; and + Edward, after making one more fruitless attempt against Scotland, whence + he retreated with dishonor, found it necessary to terminate hostilities + with that kingdom, by a truce of thirteen years.[*] Robert, though his + title to the crown was not acknowledged in the treaty, was satisfied with + insuring his possession of it during so long a time. He had repelled with + gallantry all the attacks of England: he had carried war both into that + kingdom and into Ireland: he had rejected with disdain the pope’s + authority, who pretended to impose his commands upon him, and oblige him + to make peace with his enemies: his throne was firmly established, as well + in the affections of his subjects, as by force of arms: yet there + naturally remained some inquietude in his mind, while at war with a state + which, however at present disordered by faction, was of itself so much an + overmatch for him both in riches and in numbers of people. And this truce + was, at the same time, the more seasonable for England, because the nation + was at that juncture threatened with hostilities from France. + </p> + <p class="side"> + 1324. + </p> + <p> + Philip the Fair, king of France, who died in 1315, had left the crown to + his son Lewis Hutin, who, after a short reign, dying without male issue, + was succeeded by Philip the Long, his brother, whose death soon after made + way for Charles the Fair, the youngest brother of that family. This + monarch had some grounds of complaint against the king’s ministers in + Guienne; and as there was no common or equitable judge in that strange + species of sovereignty established by the feudal law, he seemed desirous + to take advantage of Edward’s weakness, and under that pretence to + confiscate all his foreign dominions.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 1022. Murimuth, p. 60. + + ** Rymer, vol. iv. p. 74, 98. +</pre> + <p> + After an embassy by the earl of Kent, the king’s brother, had been tried + in vain, Queen Isabella obtained permission to go over to Paris, and + endeavor to adjust, in an amicable manner, the difference with her + brother: but while she was making some progress in this negotiation, + Charles started a new pretension, the justice of which could not be + disputed, that Edward himself should appear in his court, and do homage + for the fees which he held in France. But there occurred many difficulties + in complying with this demand. Young Spenser, by whom the king was + implicitly governed, had unavoidably been engaged in many quarrels with + the queen, who aspired to the same influence, and though that artful + princess, on her leaving England, had dissembled her animosity, Spenser, + well acquainted with her secret sentiments, was unwilling to attend his + master to Paris, and appear in a court where her credit might expose him + to insults, if not to danger. He hesitated no less on allowing the king to + make the journey alone; both fearing lest that easy prince should in his + absence fall under other influence, and foreseeing the perils to which he + himself should be exposed if, without the protection of royal authority, + he remained in England where he was so generally hated. + </p> + <p class="side"> + 1325. + </p> + <p> + While these doubts occasioned delays and difficulties, Isabella proposed + that Edward should resign the dominion of Guienne to his son, now thirteen + years of age; and that the prince should come to Paris, and do the homage + which every vassal owed to his superior lord. This expedient, which seemed + so happily to remove all difficulties, was immediately embraced: Spenser + was charmed with the contrivance: young Edward was sent to Paris: and the + ruin covered under this fatal snare, was never perceived or suspected by + any of the English council. + </p> + <p> + The queen, on her arrival in France, had there found a great number of + English fugitives, the remains of the Lancastrian faction; and their + common hatred of Spenser soon begat a secret friendship and correspondence + between them and that princess. Among the rest was young Roger Mortimer, a + potent baron in the Welsh marches, who had been obliged, with others, to + make his submissions to the king, had been condemned for high treason; but + having received a pardon for his life, was afterwards detained in the + Tower, with an intention of rendering his confinement perpetual, He was so + fortunate as to make his escape into France;[*] and being one of the most + considerable persons now remaining of the party, as well as distinguished + by his violent animosity against Spenser, he was easily admitted to pay + his court to Queen Isabella. The graces of his person and address advanced + him quickly in her affections: he became her confident and counsellor in + all her measures; and gaining ground daily upon her heart, he engaged her + to sacrifice at last, to her passion, all the sentiments of honor and of + fidelity to her husband.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 7, 8, 20. T. de la More, p. 596. + Walsing.[** unclear] p. 120. Ypoa. Neust. p. 506. + + ** T. de la More, p. 598. Murimuth, p. 65. +</pre> + <p> + Hating now the man whom she had injured, and whom she never valued, she + entered ardently into all Mortimer’s conspiracies; and having artfully + gotten into her hands the young prince, and heir of the monarchy, she + resolved on the utter ruin of the king, as well as of his favorite. She + engaged her brother to take part in the same criminal purpose: her court + was daily filled with the exiled barons: Mortimer lived in the most + declared intimacy with her: a correspondence was secretly carried on with + the malecontent party in England: and when Edward, informed of those + alarming circumstances, required her speedily to return with the prince, + she publicly replied, that she would never set foot in the kingdom till + Spenser was forever removed from his presence and councils; a declaration + which procured her great popularity in England, and threw a decent veil + over all her treasonable enterprises. + </p> + <p> + Edward endeavored to put himself in a posture of defence;[*] but, besides + the difficulties arising from his own indolence and slender abilities, and + the want of authority, which of consequence attended all his resolutions, + it was not easy for him, in the present state of the kingdom and revenue, + to maintain a constant force ready to repel an invasion, which he knew not + at what time or place he had reason to expect. + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 184, 188, 225. +</pre> + <p> + All his efforts were unequal to the traitorous and hostile conspiracies + which, both at home and abroad, were forming against his authority, and + which were daily penetrating farther even into his own family. His + brother, the earl of Kent, a virtuous but weak prince, who was then at + Paris, was engaged by his sister-in-law, and by the king of France, who + was also his cousin-german, to give countenance to the invasion, whose + sole object, he believed, was the expulsion of the Spensers: he prevailed + on his elder brother, the earl of Norfolk, to enter secretly into the same + design: the earl of Leicester, brother and heir of the earl of Lancaster, + had too many reasons for his hatred of these ministers to refuse his + concurrence. Walter de Reynel, archbishop of Canterbury, and many of the + prelates, expressed their approbation of the queen’s measures: several of + the most potent barons, envying the authority of the favorite, were ready + to fly to arms: the minds of the people, by means of some truths and many + calumnies, were strongly disposed to the same party: and there needed but + the appearance of the queen and prince, with such a body of foreign troops + as might protect her against immediate violence, to turn all this tempest, + so artfully prepared, against the unhappy Edward. + </p> + <p class="side"> + 1326. + </p> + <p> + Charles, though he gave countenance and assistance to the faction, was + ashamed openly to support the queen and prince against the authority of a + husband and father; and Isabella was obliged to court the alliance of some + other foreign potentate, from whose dominions she might set out on her + intended enterprise. For this purpose, she affianced young Edward, whose + tender age made him incapable to judge of the consequences, with Philippa, + daughter of the count of Holland and Hainault;[*] and having, by the open + assistance of this prince, and the secret protection of her brother, + enlisted in her service near three thousand men, she set sail from the + harbor of Dort, and landed safely, and without opposition, on the coast of + Suffolk. The earl of Kent was in her company: two other princes of the + blood, the earl of Norfolk and the earl of Leicester, joined her soon + after her landing with all their followers: three prelates, the bishops of + Ely, Lincoln, and Hereford, brought her both the force of their vassals + and the authority of their character:[**] even Robert de Watteville, who + had been sent by the king to oppose her progress in Suffolk, deserted to + her with all his forces. To render her cause more favorable, she renewed + her declaration, that the solo purpose of her enterprise was to free the + king and kingdom from the tyranny of the Spensers, and of Chancellor + Baldoc, their creature.[*] The populace were allured by her specious + pretences: the barons thought themselves secure against forfeitures by the + appearance of the prince in her army: and a weak, irresolute king, + supported by ministers generally odious, was unable to stem this torrent, + which bore with such irresistible violence against him. + </p> + <p> + Edward, after trying in vain to rouse the citizens of London to some sense + of duty,[****] departed for the west, where he hoped to meet with a better + reception; and he had no sooner discovered his weakness by leaving the + city, than the rage of the populace broke out without control against him + and his ministers. + </p> +<pre xml:space="preserve"> + * T. de la More, p. 598. + + ** Walsing. p. 123. Ypod. Neust, p. 507. T. de la More, p. + 598., Murimuth, p. 66. + + *** Ypod, Neust. p. 508. + + **** Walsing. p. 123. +</pre> + <p> + They first plundered, then murdered all those who were obnoxious to them: + they seized the bishop of Exeter, a virtuous and loyal prelate, as he was + passing through the streets; and having beheaded him, they threw his body + into the river.[*] They made themselves masters of the Tower by surprise; + then entered into a formal association to put to death, without mercy, + every one who should dare to oppose the enterprise of Queen Isabella, and + of the prince.[**] A like spirit was soon communicated to all other parts + of England; and threw the few servants of the king, who still entertained + thoughts of performing their duty, into terror and astonishment. + </p> + <p> + Edward was hotly pursued to Bristol by the earl of Kent, seconded by the + foreign forces under John de Hainault. He found himself disappointed in + his expectations with regard to the loyalty of those parts; and he passed + over to Wales, where, he flattered himself, his name was more popular, and + which he hoped to find uninfected with the contagion of general rage which + had seized the English.[***] The elder Spenser, created earl of + Winchester, was left governor of the castle of Bristol; but the garrison + mutinied against him, and he was delivered into the hands of his enemies. + This venerable noble, who had nearly reached his ninetieth year, was + instantly without trial, or witness, or accusation, or answer, condemned + to death by the rebellious barons: he was hanged on a gibbet; his body was + cut in pieces, and thrown to the dogs;[****] and his head was sent to + Winchester, the place whose title he bore, and was there set on a pole and + exposed to the insults of the populace. + </p> + <p> + The king, disappointed anew in his expectations of succor from the Welsh, + took shipping for Ireland; but being driven back by contrary winds, he + endeavored to conceal himself in the mountains of Wales: he was soon + discovered, was put under the custody of the earl of Leicester, and was + confined in the castle of Kenilworth. The younger Spenser, his favorite, + who also fell into the hands of his enemies, was executed, like his + father, without any appearance of a legal trial.[*****] + </p> +<pre xml:space="preserve"> + * Walsing. p. 124. T. de la More, p. 599. Murimuth, p. 66. + + ** Walsing. p. 124. + + *** Murimuth, p. 67. + + **** Leland’s Coll. vol. ii. p. 673. T. de la More, p. 599. + Walsing. p. 125. M. Froissard, liv. i. chap. 13. + +</pre> + <p> + The earl of Arundel, almost the only man of his rank in England who had + maintained his loyalty, was, without any trial, put to death at the + instigation of Mortimer: Baldoc, the chancellor, being a priest, could not + with safety be so suddenly despatched; but being sent to the bishop of + Hereford’s palace in London, he was there, as his enemies probably + foresaw, seized by the populace, was thrown into Newgate, and soon after + expired, from the cruel usage which he had received.[*] Even the usual + reverence paid to the sacerdotal character gave way, with every other + consideration, to the present rage of the people. + </p> + <p class="side"> + 1327. + </p> + <p> + The queen, to avail herself of the prevailing delusion, summoned, in the + king’s name, a parliament at Westminster; where, together with the power + of her army, and the authority of her partisans among the barons, who were + concerned to secure their past treasons by committing new acts of violence + against their sovereign, she expected to be seconded by the fury of the + populace, the most dangerous of all instruments, and the least answerable + for their excesses. A charge was drawn up against the king, in which, even + though it was framed by his inveterate enemies, nothing but his narrow + genius, or his misfortunes, were objected to him; for the greatest malice + found no particular crime with which it could reproach this unhappy + prince. He was accused of incapacity for government, of wasting his time + in idle amusements, of neglecting public business, of being swayed by evil + counsellors, of having lost, by his misconduct, the kingdom of Scotland, + and part of Guienne; and to swell the charge, even the death of some + barons, and the imprisonment of some prelates, convicted of treason, were + laid to his account.[**] It was in vain, amidst the violence of arms and + tumult of the people, to appeal either to law or to reason: the deposition + of the king, without any appearing opposition, was voted by parliament: + the prince, already declared regent by his party,[***] was placed on the + throne: and a deputation was sent to Edward at Kenilworth, to require his + resignation, which menaces and terror soon extorted from him. + </p> +<pre xml:space="preserve"> + * Walsing. p. 126. Murimuth, p. 68. + + ** Knyghton, p. 2765, 2766. Brady’s App. No. 72. + + *** Rymer, vol. iv. p. 137. Walsing, p. 125. +</pre> + <p> + But it was impossible that the people, however corrupted by the barbarity + of the times, still further inflamed by faction, could forever remain + insensible to the voice of nature. Here a wife had first deserted, next + invaded, and then dethroned her husband; had made her minor son an + instrument in this unnatural treatment of his father; had, by lying + pretences, seduced the nation into a rebellion against their sovereign had + pushed them into violence and cruelties that had dishonored them: all + those circumstances were so odious in themselves, and formed such a + complicated scene of guilt, that the least reflection sufficed to open + men’s eyes, and make them detest this flagrant infringement of every + public and private duty. The suspicions which soon arose of Isabella’s + criminal commerce with Mortimer, the proofs which daily broke out of this + part of her guilt, increased the general abhorrence against her; and her + hypocrisy, in publicly bewailing with tears the king’s unhappy fate,[*] + was not able to deceive even the most stupid and most prejudiced of her + adherents. In proportion as the queen became the object of public hatred + the dethroned monarch, who had been the victim of her crimes and her + ambition, was regarded with pity, with friendship, with veneration: and + men became sensible, that all his misconduct, which faction had so much + exaggerated, had been owing to the unavoidable weakness, not to any + voluntary depravity, of his character. The earl of Leicester, now earl of + Lancaster, to whose custody he had been committed, was soon touched with + those generous sentiments; and besides using his prisoner with gentleness + and humanity, he was suspected to have entertained still more honorable + intentions in his favor. The king, therefore, was taken from his hands, + and delivered over to Lord Berkeley, and Mautravers, and Gournay, who were + intrusted alternately, each for a month, with the charge of guarding him. + While he was in the custody of Berkeley, he was still treated with the + gentleness due to his rank and his misfortunes; but when the turn of + Mautravers and Gournay came, every species of indignity was practised + against him, as if their intention had been to break entirely the prince’s + spirit, and to employ his sorrows and afflictions, instead of more violent + and more dangerous expedients, for the instruments of his murder.[**] It + is reported, that one day, when Edward was to be shaved, they ordered cold + and dirty water to be brought from the ditch for that purpose; and when he + desired it to be changed, and was still denied his request, he burst into + tears which bedewed his cheeks; and he exclaimed, that in spite of their + insolence, he should be shaved with clean and warm water.[***] + </p> +<pre xml:space="preserve"> + * Walsing. p. 126 + + ** Anonymi Hist. p. 838. + + *** T. de la Mo’e, p. 602. +</pre> + <p> + But as this method of laying Edward, in his grave appeared still too slow + to the impatient Mortimer, he secretly sent orders to the two keepers, who + were at his devotion instantly to despatch him: and these ruffians + contrived to make the manner of his death as cruel and barbarous as + possible. Taking advantage of Berkeley’s sickness, in whose custody he + then was, and who was thereby incapacitated from attending his charge,[*] + they came to Berkeley Castle, and put themselves in possession of the + king’s person. They threw him on a bed; held him down violently with a + table, which they flung over him; thrust into his fundament a red-hot + iron, which they inserted through a horn; and though the outward marks of + violence upon his person were prevented by this expedient, the horrid deed + was discovered to all the guards and attendants by the screams with which + the agonizing king filled the castle while his bowels were consuming. + </p> + <p> + Gournay and Mautravers were held in general detestation, and when the + ensuing revolution in England threw their protectors from power, they + found it necessary to provide for their safety by flying the kingdom. + Gournay was afterwards seized at Marseilles, delivered over to the + seneschal of Guienne, put on board a ship with a view of carrying him to + England; but he was beheaded at sea, by secret orders, as was supposed, + from some nobles and prelates in England, anxious to prevent any discovery + which he might make of his accomplices. Mautravers concealed himself for + several years in Germany; but having found means of rendering some service + to Edward III., he ventured to approach his person, threw himself on his + knees before him, submitted to mercy, and received a pardon.[**] + </p> +<pre xml:space="preserve"> + * Cotton’s Abridg. p. 8. + + ** Cotton’s Abridg. p. 66, 81. Rymer, vol. v. p. 600 +</pre> + <p> + It is not easy to imagine a man more innocent and inoffensive than the + unhappy king whose tragical death we have related; nor a prince less + fitted for governing that fierce and turbulent people subjected to his + authority. He was obliged to devolve on others the weight of government, + which he had neither ability nor inclination to bear: the same indolence + and want of penetration led him to make choice of ministers and favorites + who were not always the best qualified for the trust committed to them: + the seditious grandees, pleased with his weakness, yet complaining of it, + under pretence of attacking his ministers, insulted his person and invaded + his authority: and the impatient populace, mistaking the source of their + grievances, threw all the blame upon the king, and increased the public + disorders by their faction and violence. It was in vain to look for + protection from the laws, whose voice, always feeble in those times, was + not heard amidst the din of arms—what could not defend the king, was + less able to give shelter to any of the people: the whole machine of + government was torn in pieces with fury and violence; and men, instead of + regretting the manners of their age, and the form of their constitution, + which required the most steady and most skilful hand to conduct them, + imputed all errors to the person who had the misfortune to be intrusted + with the reins of empire. + </p> + <p> + But though such mistakes are natural and almost unavoidable while the + events are recent, it is a shameful delusion in modern historians, to + imagine that all the ancient princes who were unfortunate in their + government, were also tyrannical in their conduct; and that the seditions + of the people always proceeded from some invasion of their privileges by + the monarch. Even a great and a good king was not in that age secure + against faction and rebellion, as appears in the case of Henry II.; but a + great king had the best chance, as we learn from the history of the same + period, for quelling and subduing them. Compare the reigns and characters + of Edward I. and II. The father made several violent attempts against the + liberties of the people: his barons opposed him: he was obliged, at least + found it prudent, to submit: but as they dreaded his valor and abilities, + they were content with reasonable satisfaction, and pushed no farther + their advantages against him. The facility and weakness of the son, not + his violence, threw every thing into confusion: the laws and government + were overturned: an attempt to reinstate them was an unpardonable crime: + and no atonement but the deposition and tragical death of the king himself + could give those barons contentment. It is easy to see, that a + constitution which depended so much on the personal character of the + prince, must necessarily, in many of its parts, be a government of will, + not of laws. But always to throw, without distinction, the blame of all + disorders upon the sovereign would introduce a fatal error in politics, + and serve as a perpetual apology for treason and rebellion: as if the + turbulence of the great, and madness of the people, were not, equally with + the tyranny of princes, evils incident to human society, and no less + carefully to be guarded against in every well-regulated constitution. + </p> + <p> + While these abominable scenes passed in England, the theatre of France was + stained with a wickedness equally barbarous, and still more public and + deliberate. The order of knights templars had arisen during the first + fervor of the crusades; and uniting the two qualities the most popular in + that age, devotion and valor, and exercising both in the most popular of + all enterprises, the defence of the Holy Land, they had made rapid + advances in credit and authority, and had acquired, from the piety of the + faithful, ample possessions in every country of Europe, especially in + France. Their great riches, joined to the course of time, had, by degrees, + relaxed the severity of these virtues; and the templars had, in a great + measure, lost that popularity which first raised them to honor and + distinction. Acquainted from experience with the fatigues and dangers of + those fruitless expeditions to the East, they rather chose to enjoy in + ease their opulent revenues in Europe: and being all men of birth, + educated, according to the custom of that age, without any tincture of + letters, they scorned the ignoble occupations of a monastic life, and + passed their time wholly in the fashionable amusements of hunting, + gallantry, and the pleasures of the table. Then rival order, that of St. + John of Jerusalem, whose poverty had as yet preserved them from like + corruptions, still distinguished themselves by their enterprises against + the infidels, and succeeded to all the popularity which was lost by the + indolence and luxury of the templars. But though these reasons had + weakened the foundations of this order, once so celebrated and revered, + the immediate cause of their destruction proceeded from the cruel and + vindictive spirit of Philip the Fair, who, having entertained a private + disgust against some eminent templars, determined to gratify at once his + avidity and revenge, by involving the whole order in an undistinguished + ruin. On no better information than that of two knights, condemned by + their superiors to perpetual imprisonment for their vices and profligacy, + he ordered on one day all the templars in France to be committed to + prison, and imputed to them such enormous and absurd crimes as are + sufficient of themselves to destroy all the credit of the accusation. + Besides their being universally charged with murder, robbery, and vices + the most shocking to nature, every one, it was pretended, whom they + received into their order, was obliged to renounce his Savior, to spit + upon the cross,[*] and to join to this impiety the superstition of + worshipping a gilded head, which was secretly kept in one of their houses + at Marseilles. + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 31, 101. +</pre> + <p> + They also initiated, it was said, every candidate by such infamous rites + as could serve to no other purpose than to degrade the order in his eyes, + and destroy forever the authority of all his superiors over him.[*] Above + a hundred of these unhappy gentlemen were put to the question, in order to + extort from them a confession of their guilt: the more obstinate perished + in the hands of their tormentors: several, to procure immediate ease in + the violence of their agonies, acknowledged whatever was required of them: + forged confessions were imputed to others: and Philip, as if their guilt + were now certain, proceeded to a confiscation of all their treasures. But + no sooner were the templars relieved from their tortures, than, preferring + the most cruel execution to a life with infamy, they disavowed their + confessions, exclaimed against the forgeries, justified the innocence of + their order, and appealed to all the gallant actions performed by them in + ancient or later times, as a full apology for their conduct. The tyrant, + enraged at this disappointment, and thinking himself now engaged in honor + to proceed to extremities, ordered fifty-four of them, whom he branded as + relapsed heretics, to perish by the punishment of fire in his capital: + great numbers expired, after a like manner, in other parts of the kingdom: + and when he found that the perseverance of these unhappy victims, in + justifying to the last their innocence, had made deep impression on the + spectators, he endeavored to overcome the constancy of the templars by new + inhumanities. The grand master of the order, John de Molay, and another + great officer, brother to the sovereign of Dauphiny, were conducted to a + scaffold erected before the church of Notredame, at Paris: a full pardon + was offered them on the one hand; the fire destined for their execution + was shown them on the other: these gallant nobles still persisted in the + protestations of their own innocence and that of their order; and were + instantly hurried into the flames by the executioner.[**] + </p> +<pre xml:space="preserve"> + * It was pretended that he kissed the knights who received + him on the mouth, navel, and breech. Dupuy, p. 15, 6. + Walsing, p. 99. + + ** Vertot, vol. ii. p. 142. +</pre> + <p> + In all this barbarous injustice, Clement V., who was the creature of + Philip, and then resided in France, fully concurred; and without examining + a witness, or making any inquiry into the truth of facts, he summarily, by + the plenitude of his apostolic power, abolished the whole order. The + templars all over Europe were thrown into prison; their conduct underwent + a strict scrutiny; the power of their enemies still pursued and oppressed + them; but nowhere, except in France, were the smallest traces of their + guilt pretended to be found. England sent an ample testimony of their + piety and morals; but as the order was now annihilated, the knights were + distributed into several convents, and their possessions were, by command + of the pope, transferred to the order of St. John.[*] We now proceed to + relate some other detached transactions of the present period. + </p> + <p> + The kingdom of England was afflicted with a grievous famine during several + years of this reign. Perpetual rains and cold weather not only destroyed + the harvest, but bred a mortality among the cattle, and raised every kind + of food to an enormous price.[**] The parliament in 1315 endeavored to fix + more moderate rates to commodities! not sensible that such an attempt was + impracticable, and that, were it possible to reduce the price of + provisions by any other expedient than by introducing plenty, nothing + could be more pernicious and destructive to the public. Where the produce + of a year, for instance, falls so far short as to afford full subsistence + only for nine months, the only expedient for making it last all the + twelve, is to raise the prices, to put the people by that means on short + allowance, and oblige them to save their food till a more plentiful + season. But in reality the increase of prices is a necessary consequence + of scarcity; and laws, instead of preventing it, only aggravate the evil, + by cramping and restraining commerce. The parliament accordingly, in the + ensuing year, repealed their ordinance, which they had found useless and + burdensome.[***] + </p> + <p> + The prices affixed by the parliament are somewhat remarkable: three pounds + twelve shillings of our present money for the best stalled ox; for other + oxen, two pounds eight shillings; a fat hog of two years old, ten + shillings; a fat wether unshorn, a crown; if shorn, three shillings and + sixpence; a fat goose, sevenpence halfpenny; a fat capon, sixpence; a fat + hen, threepence; two chickens, threepence; four pigeons, threepence; two + dozen of eggs, threepence.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 323, 956; vol. iv. p. 47. Ypod. Neust. + p. 606 + + ** Trivet, Cont. p. 17, 18. + + *** Walsing p. 107. + + **** Rot. Parl. 7 Edw. II. n. 35, 36. Ypod. Neust. p. 502. +</pre> + <p> + If we consider these prices, we shall find that butcher’s meat, in this + time of great scarcity, must still have been sold, by the parliamentary + ordinance, three times cheaper than our middling prices at present; + poultry somewhat lower, because, being now considered as a delicacy, it + has risen beyond its proportion. In the country places of Ireland and + Scotland, where delicacies bear no price, poultry is at present as cheap, + if not cheaper than butcher’s meat. But the inference I would draw from + the comparison of prices is still more considerable: I suppose that the + rates affixed by parliament were inferior to the usual market prices in + those years of famine and mortality of cattle; and that these commodities, + instead of a third, had really risen to a half of the present value. But + the famine at that time was so consuming, that wheat was sometimes sold + for above four pounds ten shillings a quarter,[*] usually for three + pounds;[**] that is, twice our middling prices: a certain proof of the + wretched state of tillage in those ages. We formerly found, that the + middling price of corn in that period was half of the present price; while + the middling price of cattle was only an eighth part: we here find the + same immense disproportion in years of scarcity. It may thence be inferred + with certainty, that the raising of corn was a species of manufactory, + which few in that age could practise with advantage: and there is reason + to think, that other manufactures, more refined, were sold even beyond + their present prices; at least, there is a demonstration for it in the + reign of Henry VII., from the rates affixed to scarlet and other + broadcloth by act of parliament. During all those times it was usual for + the princes and great nobility to make settlements of their velvet beds + and silken robes, in the same manner as of their estates and manors.[***] + In the list of jewels and plate which had belonged to the ostentatious + Gavaston, and which the king recovered from the earl of Lancaster after + the murder of that favorite, we find some embroidered girdles, flowered + shirts, and silk waistcoats.[****] + </p> +<pre xml:space="preserve"> + * Murimuth, p. 48. Walsingham (p. 108) says it rose to six + pounds. + + ** Ypod. Neust. p. 502. Trivet Cont. p. 18. + + *** Dugdale, passim. + + **** Rymer, vol. iii. p. 288 +</pre> + <p> + It was afterwards one article of accusation against that potent and + opulent earl, when he was put to death, that he had purloined some of that + finery of Gavaston’s. The ignorance of those ages in manufactures, and + still more their unskilful husbandry, seem a clear proof that the country + was then far from being populous. + </p> + <p> + All trade and manufactures, indeed, were then at a very low ebb. The only + country in the northern parts of Europe, where they seem to have risen to + any tolerable degree of improvement, was Flanders. When Robert, earl of + that country, was applied to by the king, and was desired to break off + commerce with the Scots, whom Edward called his rebels, and represented as + excommunicated on that account by the church, the earl replied, that + Flanders was always considered as common, and free and open to all + nations.[*] + </p> + <p> + The petition of the elder Spenser to parliament, complaining of the + devastation committed on his lands by the barons, contains several + particulars which are curious, and discover the manners of the age.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 770. + + ** Brady’s Hist. vol. ii. p. 143, from Claus. 15 Edw-II. M, + 14 Dors. in cedula. +</pre> + <p> + He affirms, that they had ravaged sixty-three manors belonging to him, and + he makes his losses amount to forty-six thousand pounds; that is, to one + hundred and thirty-eight thousand of our present money. Among other + particulars, he enumerates twenty-eight thousand sheep, one thousand oxen + and heifers, twelve hundred cows with their breed for two years, five + hundred and sixty cart-horses, two thousand hogs, together with six + hundred bacons, eighty carcasses of beef, and six hundred muttons in the + larder; ten tuns of cider, arms for two hundred men, and other warlike + engines and provisions. The plain inference is, that the greater part of + Spenser’s vast estate, as well as the estates of the other nobility, was + farmed by the landlord himself, managed by his stewards or bailiffs, and + cultivated by his villains. Little or none of it was let on lease to + husbandmen: its produce was consumed in rustic hospitality by the baron or + his officers: a great number of idle retainers, ready for any disorder or + mischief, were maintained by him: all who lived upon his estate were + absolutely at his disposal: instead of applying to courts of justice, he + usually sought redress by open force and violence: the great nobility were + a kind of independent potentates, who, if they submitted to any + regulations at all, were less governed by the municipal law than by a rude + species of the law of nations. The method in which we find they treated + the king’s favorites and ministers, is a proof of their usual way of + dealing with each other. A party which complains of the arbitrary conduct + of ministers, ought naturally to affect a great regard for the laws and + constitution, and maintain at least the appearance of justice in their + proceedings; yet those barons, when discontented, came to parliament with + an armed force, constrained the king to assent to their measures, and + without any trial, or witness, or conviction, passed, from the pretended + notoriety of facts, an act of banishment or attainder against the + minister, which, on the first revolution of fortune, was reversed by like + expedients. The parliament during factious times was nothing but the organ + of present power. Though the persons of whom it was chiefly composed + seemed to enjoy great independence, they really possessed no true liberty; + and the security of each individual among them was not so much derived + from the general protection of law, as from his own private power and that + of his confederates. The authority of the monarch, though far from + absolute, was irregular, and might often reach him: the current of a + faction might overwhelm him: a hundred considerations of benefits and + injuries, friendships and animosities, hopes and fears, were able to + influence his conduct; and amidst these motives, a regard to equity, and + law, and justice was commonly, in those rude ages, of little moment. Nor + did any man entertain thoughts of opposing present power, who did not deem + himself strong enough to dispute the field with it by force, and was not + prepared to give battle to the sovereign or the ruling party. + </p> + <p> + Before I conclude this reign, I cannot forbear making another remark, + drawn from the detail of losses given in by the elder Spenser; + particularly the great quantity of salted meat which he had in his larder, + six hundred bacons, eighty carcasses of beef, six hundred muttons. We may + observe, that the outrage of which he complained began after the third of + May, or the eleventh, new style, as we learn from the same paper. It is + easy, therefore, to conjecture what a vast store of the same kind he must + have laid up at the beginning of winter; and we may draw a new conclusion + with regard to the wretched state of ancient husbandry, which could not + provide subsistence for the cattle during winter, even in such a temperate + climate as the south of England; for Spenser had but one manor so far + north as Yorkshire. There being few or no enclosures, except perhaps for + deer, no sown grass, little hay, and no other resource for feeding cattle, + the barons, as well as the people, were obliged to kill and salt their + oxen and sheep in the beginning of winter, before they became lean upon + the common pasture; a precaution still practised with regard to oxen in + the least cultivated parts of this island. The salting of mutton is a + miserable expedient, which has every where been long disused. From this + circumstance, however trivial in appearance, may be drawn important + inferences with regard to the domestic economy and manner of life in those + ages. + </p> + <p> + The disorders of the times, from foreign wars and intestine dissensions, + but above all, the cruel famine, which obliged the nobility to dismiss + many of their retainers, increased the number of robbers in the kingdom; + and no place was secure from their incursions.[*] They met in troops like + armies, and over-ran the country. Two cardinals themselves, the pope’s + legates, notwithstanding the numerous train which attended them, were + robbed and despoiled of their goods and equipage, when they travelled on + the highway.[**] + </p> + <p> + Among the other wild fancies of the age, it was imagined, that the persons + affected with leprosy (a disease at that time very common, probably from + bad diet) had conspired with the Saracens to poison all the springs and + fountains; and men, being glad of any pretence to get rid of those who + were a burden to them, many of those unhappy people were burnt alive on + this chimerical imputation. Several Jews, also, were punished in their + persons, and their goods were confiscated on the same account.[***] + </p> +<pre xml:space="preserve"> + * Ypod. Neust. p. 502. Walsing. p. 107. + + ** Ypod Neust. p. 503. T. de la More, p. 594. Trivet, Cont. + p, 22. Murimuth, p. 51. + + *** Ypod. Neust. p. 504. +</pre> + <p> + Stowe, in his Survey of London, gives us a curious instance of the + hospitality of the ancient nobility in this period; it is taken from the + accounts of the cofferer or steward of Thomas earl of Lancaster, and + contains the expenses of that earl during the year 1313, which was not a + year of famine. For the pantry, buttery, and kitchen, three thousand four + hundred and five pounds. For three hundred and sixty-nine pipes of red + wine, and two of white, one hundred and four pounds, etc. The whole, seven + thousand three hundred and nine pounds; that is, near twenty-two thousand + pounds of our present money; and making allowance for the cheapness of + commodities, near a hundred thousand pounds. + </p> + <p> + I have seen a French manuscript, containing accounts of some private + disbursements of this king. There is an article, among others, of a crown + paid to one for making the king laugh. To judge by the events of the + reign, this ought not to have been an easy undertaking. + </p> + <p> + This king left four children, two sons and two daughters: Edward, his + eldest son and successor; John, created afterwards earl of Cornwall, who + died young at Perth; Jane, afterwards married to David Bruce, king of + Scotland; and Eleanor, married to Reginald, count of Gueldres. + </p> + <p> + <a name="link2HCH0004" id="link2HCH0004"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XV. + </h2> + <p> + <a name="linkimage-0005" id="linkimage-0005"> + <!-- IMG --></a> <a href="images/1_207_edward3.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_207_edward3_th.jpg" style="width:100%;" title="Edward III." alt="1_207_edward3.jpg Edward III. " /><br /> + </div> + <p> + <a name="link2H_4_0008" id="link2H_4_0008"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + EDWARD III. + </h2> + <p class="side"> + 1327. + </p> + <p> + The violent party which had taken arms against Edward II., and finally + deposed that unfortunate monarch, deemed it requisite for their future + security to pay so far an exterior obeisance to the law, as to desire a + parliamentary indemnity for all their illegal proceedings; on account of + the necessity which, it was pretended, they lay under, of employing force + against the Spensers and other evil counsellors, enemies of the kingdom. + All the attainders, also, which had passed against the earl of Lancaster + and his adherents, when the chance of war turned against them, were easily + reversed during the triumph of their party;[*] and the Spensers, whose + former attainder had been reversed by parliament, were now again, in this + change of fortune, condemned by the votes of their enemies. + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 245, 267, 258, etc. +</pre> + <p> + A council of regency was likewise appointed by parliament, consisting of + twelve persons; five prelates, the archbishops of Canterbury and York, the + bishops of Winchester, Worcester, and Hereford; and seven lay peers, the + earls of Norfolk, Kent, and Surrey, and the lords Wake, Ingham, Piercy, + and Ross. The earl of Lancaster was appointed guardian and protector of + the king’s person. But though it was reasonable to expect that, as the + weakness of the former king had given reins to the licentiousness of the + barons, great domestic tranquillity would not prevail during the present + minority; the first disturbance arose from an invasion by foreign enemies. + </p> + <p> + The king of Scots, declining in years and health, but retaining still that + martial spirit which had raised his nation from the lowest ebb of fortune, + deemed the present opportunity favorable for infesting England. He first + made an attempt on the Castle of Norham, in which he was disappointed; he + then collected an army of twenty-five thousand men on the frontiers, and + having given the command to the earl of Murray and Lord Douglas, + threatened an incursion into the northern counties. The English regency, + after trying in vain every expedient to restore peace with Scotland, made + vigorous preparations for war; and besides assembling an English army of + near sixty thousand men, they invited back John of Hainault, and some + foreign cavalry whom they had dismissed, and whose discipline and arms had + appeared superior to those of their own country. Young Edward himself, + burning with a passion for military fame, appeared at the head of these + numerous forces; and marched from Durham, the appointed place of + rendezvous, in quest of the enemy, who had already broken into the + frontiers, and were laying every thing waste around them. + </p> + <p> + Murray and Douglas were the two most celebrated warriors, bred in the long + hostilities between the Scots and English; and their forces, trained in + the same school, and inured to hardships, fatigues, and dangers, were + perfectly qualified, by their habits and manner of life, for that + desultory and destructive war which they carried into England. Except a + body of about four thousand cavalry, well armed, and fit to make a steady + impression in battle, the rest of the army were light-armed troops, + mounted on small horses, which found subsistence every where, and carried + them with rapid and unexpected marches, whether they meant to commit + depredations on the peaceable inhabitants, or to attack an armed enemy, or + to retreat into their own country. Their whole equipage consisted of a bag + of oatmeal, which, as a supply in case of necessity, each soldier carried + behind him; together with a light plate of iron, on which he instantly + baked the meal into a cake in the open fields. But his chief subsistence + was the cattle which he seized; and his cookery was as expeditious as all + his other operations. After flaying the animal, he placed the skin, loose + and hanging in the form of a bag, upon some stakes; he poured water into + it, kindled a fire below, and thus made it serve as a caldron for the + boiling of his victuals.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. iv. chap. 18. +</pre> + <p> + The chief difficulty which Edward met with, after composing some dangerous + frays which broke out between his foreign forces and the English,[*] was + to come up with an army so rapid in its marches, and so little encumbered + in its motions. Though the flame and smoke of burning villages directed + him sufficiently to the place of their encampment, he found, upon hurrying + thither, that they had already dislodged; and he soon discovered, by new + marks of devastation, that they had removed to some distant quarter. After + harassing his army during some time in this fruitless chase, he advanced + northwards, and crossed the Tyne, with a resolution of awaiting them on + their return homewards, and taking vengeance for all their + depredations.[**] But that whole country was already so much wasted by + their frequent incursions, that it could not afford subsistence to his + army; and he was obliged again to return southwards, and change his plan + of operations. He had now lost all track of the enemy; and though he + promised the reward of a hundred pounds a year to any one who should bring + him an account of their motions, he remained inactive some days before he + received any intelligence of them.[***] He found at last that they had + fixed their camp on the southern banks of the Were, as if they intended to + await a battle; but their prudent leaders had chosen the ground with such + judgment, that the English, on their approach, saw it impracticable, + without temerity, to cross the river in their front, and attack them in + their present situation. Edward, impatient for revenge and glory, here + sent them a defiance, and challenged them, if they dared, to meet him in + an equal field, and try the fortune of arms. The bold spirit of Douglas + could ill brook this bravado, and he advised the acceptance of the + challenge; but he was overruled by Murray, who replied to Edward that he + never took the counsel of an enemy in any of his operations. The king, + therefore, kept still his position opposite to the Scots; and daily + expected that necessity would oblige them to change their quarters, and + give him an opportunity of overwhelming them with superior forces. After a + few days, they suddenly decamped, and marched farther up the river; but + still posted themselves in such a manner as to preserve the advantage of + the ground if the enemy should venture to attack them.[****] + </p> +<pre xml:space="preserve"> + * Froissard, liv. iv. chap. 17. + + ** Froissard, liv. iv. chap. 19. + + *** Rymer, vol. iv. p. 312. Froissard, liv. iv. chap. 19. + + **** Froissard, liv. iv. chap. 19. +</pre> + <p> + Edward insisted that all hazards should be run, rather than allow these + ravagers to escape with impunity; but Mortimer’s authority prevented the + attack, and opposed itself to the valor of the young monarch. While the + armies lay in this position, an incident happened which had well nigh + proved fatal to the English. Douglas, having gotten the word, and surveyed + exactly the situation of the English camp, entered it secretly in the + night-time, with a body of two hundred determined soldiers, and advanced + to the royal tent, with a view of killing or carrying off the king in the + midst of his army. But some of Edward’s attendants, awaking in that + critical moment, made resistance; his chaplain and chamberlain sacrificed + their lives for his safety; the king himself, after making a valorous + defence, escaped in the dark; and Douglas, having lost the greater part of + his followers, was glad to make a hasty retreat with the remainder.[*] + Soon after, the Scottish army decamped without noise in the dead of night; + and having thus gotten the start of the English, arrived without further + loss in their own country. Edward, on entering the place of the Scottish + encampment, found only six Englishmen, whom the enemy, after breaking + their legs, had tied to trees, in order to prevent their carrying any + intelligence to their countrymen.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. iv. chap. 19. Heming. p. 265. Ypod. Neust. + p. 509. Knyghton, p 2552. + + ** Froissard, liv. iv. chap. 19. +</pre> + <p> + The king was highly incensed at the disappointment which he had met with + in his first enterprise, and at the head of so gallant an army. The + symptoms which he had discovered of bravery and spirit gave extreme + satisfaction, and were regarded as sure prognostics of an illustrious + reign: but the general displeasure fell violently on Mortimer, who was + already the object of public odium; and every measure which he pursued + tended to aggravate, beyond all bounds, the hatred of the nation both + against him and Queen Isabella. + </p> + <p> + When the council of regency was formed, Mortimer, though in the plenitude + of his power, had taken no care to insure a place in it; but this + semblance of moderation was only a cover to the most iniquitous and most + ambitious projects. He rendered that council entirely useless, by usurping + to himself the whole sovereign authority; he settled on the queen dowager + the greater part of the royal revenues; he never consulted either the + princes of the blood or the nobility in any public measure; the king + himself was so besieged by his creatures, that no access could be procured + to him; and all the envy which had attended Gavaston and Spenser fell much + more deservedly on the new favorite. + </p> + <p class="side"> + 1328. + </p> + <p> + Mortimer, sensible of the growing hatred of the people, thought it + requisite on any terms to secure peace abroad; and he entered into a + negotiation with Robert Bruce for that purpose. As the claim of + superiority in England, more than any other cause, had tended to inflame + the animosities between the two nations, Mortimer, besides stipulating a + marriage between Jane, sister of Edward, and David, the son and heir of + Robert, consented to resign absolutely this claim, to give up all the + homages done by the Scottish parliament and nobility, and to acknowledge + Robert as independent sovereign of Scotland.[*] In return for these + advantages, Robert stipulated the payment of thirty thousand marks to + England. This treaty was ratified by parliament;[**] but was nevertheless + the source of great discontent among the people, who, having entered + zealously into the pretensions of Edward I., and deeming themselves + disgraced by the successful resistance made by so inferior a nation, were + disappointed, by this treaty, in all future hopes both of conquest and of + vengeance. + </p> + <p> + The princes of the blood, Kent, Norfolk, and Lancaster, were much united + in their councils; and Mortimer entertained great suspicions of their + designs against him. In summoning them to parliament, he strictly + prohibited them, in the king’s name, from coming attended by an armed + force; an illegal but usual practice in that age. The three earls, as they + approached to Salisbury, the place appointed for the meeting of + parliament, found, that though they themselves, in obedience to the king’s + command, had brought only their usual retinue with them, Mortimer and his + party were attended by all their followers in arms; and they began with + some reason to apprehend a dangerous design against their persons. They + retreated, assembled their retainers, and were returning with an army to + take vengeance on Mortimer; when the weakness of Kent and Norfolk, who + deserted the common cause, obliged Lancaster also to make his + submissions.[***] + </p> +<pre xml:space="preserve"> + * Rymer, p. 837. Heming. p. 270. Anon. Hist p. 392. + + ** Ypod, Neust. p. 510. + + *** Knyghton, p. 2554. +</pre> + <p> + The quarrel by the interposition of the prelates, seemed for the present + to be appeased. + </p> + <p class="side"> + 1329. + </p> + <p> + But Mortimer, in order to intimidate the princes, determined to have a + victim; and the simplicity, with the good intentions of the earl of Kent, + afforded him soon after an opportunity of practising upon him. By himself + and his emissaries he endeavored to persuade that prince that his brother, + King Edward, was still alive, and detained in some secret prison in + England. The earl, whose remorses for the part which he had acted against + the late king probably inclined him to give credit to this intelligence, + entered into a design of restoring him to liberty, of reinstating him on + the throne, and of making thereby some atonement for the injuries which he + himself had unwarily done him.[*] + </p> + <p class="side"> + 1330. + </p> + <p> + After this harmless contrivance had been allowed to proceed a certain + length, the earl was seized by Mortimer, was accused before the + parliament, and condemned, by those slavish though turbulent barons, to + lose his life and fortune. The queen and Mortimer, apprehensive of young + Edward’s lenity towards his uncle, hurried on the execution, and the + prisoner was beheaded next day: but so general was the affection borne + him, and such pity prevailed for his unhappy fate, that, though peers had + been easily found to condemn him, it was evening before his enemies could + find an executioner to perform the office.[**] + </p> +<pre xml:space="preserve"> + * Avesbury, p. 8. Anon. Hist. p. 395. + + ** Heming. p. 271. Ypod. Neust. p. 510. Knyghton, p. 2555. +</pre> + <p> + The earl of Lancaster, on pretence of his having assented to this + conspiracy, was soon after thrown into prison: many of the prelates and + nobility were prosecuted: Mortimer employed this engine to crush all his + enemies, and to enrich himself and his family by the forfeitures. The + estate of the earl of Kent was seized for his younger son, Geoffrey: the + immense fortunes of the Spensers and their adherents were mostly converted + to his own use: he affected a state and dignity equal or superior to the + royal: his power became formidable to every one: his illegal practices + were daily complained of: and all parties, forgetting past animosities, + conspired in their hatred of Mortimer. + </p> + <p> + It was impossible that these abuses could long escape the observation of a + prince endowed with so much spirit and judgment as young Edward, who, + being now in his eighteenth year, and feeling himself capable of + governing, repined at being held in fetters by this insolent minister. But + so much was he surrounded by the emissaries of Mortimer, that it behoved + him to conduct the project for subverting him with the same secrecy and + precaution as if he had been forming a conspiracy against his sovereign. + He communicated his intentions to Lord Mountacute, who engaged the Lords + Molins and Clifford, Sir John Nevil of Hornby, Sir Edward Bohun, Ufford, + and others, to enter into their views; and the Castle of Nottingham was + chosen for the scene of the enterprise. The queen dowager and Mortimer + lodged in that fortress: the king also was admitted, though with a few + only of his attendants: and as the castle was strictly guarded, the gates + locked every evening, and the keys carried to the queen, it became + necessary to communicate the design to Sir William Eland, the governor, + who zealously took part in it. By his direction, the king’s associates + were admitted through a subterraneous passage, which had formerly been + contrived for a secret outlet from the castle, but was now buried in + rubbish; and Mortimer, without having it in his power to make resistance, + was suddenly seized in an apartment adjoining to the queen’s.[*] A + parliament was immediately summoned for his condemnation. He was accused + before that assembly of having usurped regal power from the council of + regency appointed by parliament; of having procured the death of the late + king; of having deceived the earl of Kent into a conspiracy to restore + that prince; of having solicited and obtained exorbitant grants of the + royal demesnes; of having dissipated the public treasure; of secreting + twenty thousand marks of the money paid by the king of Scotland; and of + other crimes and misdemeanors.[**] The parliament condemned him from the + supposed notoriety of the facts, without trial, or hearing his answer, or + examining a witness; and he was hanged on a gibbet at the Elmes, in the + neighborhood of London. It is remarkable, that this sentence was near + twenty years after reversed by parliament, in favor of Mortimer’s son; and + the reason assigned was, the illegal manner of proceeding.[***] The + principles of law and justice were established in England, not in such a + degree as to prevent any iniquitous sentence against a person obnoxious to + the ruling party; but sufficient, on the return of his credit, or that of + his friends, to serve as a reason or pretence for its reversal. + </p> +<pre xml:space="preserve"> + * Avesbury, p. 9. + + ** Brady’s App. No. 83. Anon. Hist. p. 397, 398. Knyghton, + p. 2556. + + *** Cotton’s Abridg. p. 85, 86. +</pre> + <p class="side"> + 1331. + </p> + <p> + Justice was also executed by a sentence of the house of peers on some of + the inferior criminals, particularly on Simon de Bereford: but the barons, + in that act of jurisdiction, entered a protest, that though they had tried + Bereford, who was none of their peers, they should not for the future be + obliged to receive any such indictment. The queen was confined to her own + house at Risings, near London: her revenue was reduced to four thousand + pounds a year:[*] and though the king, during the remainder of her life, + paid her a decent visit once or twice a year, she never was able to + reinstate herself in any credit or authority. + </p> + <p> + Edward, having now taken the reins of government into his own hands, + applied himself, with industry and judgment, to redress all those + grievances which had proceeded either from want of authority in the crown, + or from the late abuses of it. He issued writs to the judges, enjoining + them to administer justice, without paying any regard to arbitrary orders + from the ministers: and as the robbers, thieves, murderers, and criminals + of all kinds, had, during the course of public convulsions, multiplied to + an enormous degree, and were openly protected by the great barons, who + made use of them against their enemies, the king, after exacting from the + peers a solemn promise in parliament, that they would break off all + connections with such malefactors,[**] set himself in earnest to remedy + the evil. Many of these gangs had become so numerous as to require his own + presence to disperse them; and he exerted both courage and industry in + executing this salutary office. The ministers of justice, from his + example, employed the utmost diligence in discovering, pursuing, and + punishing the criminals; and this disorder was by degrees corrected, at + least palliated; the utmost that could be expected with regard to a + disease hitherto inherent in the constitution. + </p> +<pre xml:space="preserve"> + * Cotton’s Abridg. p. 10 + + ** Cotton’s Abridg. p. 10. +</pre> + <p> + In proportion as the government acquired authority at home, it became + formidable to the neighboring nations; and the ambitious spirit of Edward + sought, and soon found, an opportunity of exerting itself. The wise and + valiant Robert Bruce, who had recovered by arms the independence of his + country, and had fixed it by the last treaty of peace with England, soon + after died, and left David his son, a minor, under the guardianship of + Randolph, earl of Murray, the companion of all his victories. It had been + stipulated in this treaty, that both the Scottish nobility who, before the + commencement of the wars enjoyed lands in England, and the English who + inherited estates in Scotland, should be restored to their respective + possessions:[*] but though this article had been executed pretty regularly + on the part of Edward, Robert, who observed that the estates claimed by + Englishmen were much more numerous and valuable than the others, either + thought it dangerous to admit so many secret enemies into the kingdom, or + found it difficult to wrest from his own followers the possessions + bestowed on them as the reward of former services; and he had protracted + the performance of his part of the stipulation. The English nobles, + disappointed in their expectations, began to think of a remedy; and as + their influence was great in the north, their enmity alone, even though + unsupported by the King of England, became dangerous to the minor prince + who succeeded to the Scottish throne. + </p> + <p class="side"> + 1332. + </p> + <p> + Edward Baliol, the son of that John who was crowned king of Scotland, had + been detained some time a prisoner in England after his father was + released; but having also obtained his liberty, he went over to France, + and resided in Normandy, on his patrimonial estate in that country, + without any thoughts of reviving the claims of his family to the crown of + Scotland. His pretensions, however plausible, had been so strenuously + abjured by the Scots and rejected by the English, that he was universally + regarded as a private person; and he had been thrown into prison on + account of some private offence of which he was accused. Lord Beaumont, a + great English baron, who, in the right of his wife, claimed the earldom of + Buchan in Scotland,[**] found him in this situation; and deeming him a + proper instrument for his purpose, made such interest with the king of + France, who was not aware of the consequences, that he recovered him his + liberty, and brought him over with him to England. + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 384. + + ** Rymer, vol. iv. p. 251. +</pre> + <p> + The injured nobles, possessed of such a head, began to think of + vindicating their rights by force of arms; and they applied to Edward for + his concurrence and assistance. But there were several reasons which + deterred the king from openly avowing their enterprise. In his treaty with + Scotland he had entered into a bond of twenty thousand pounds, payable to + the pope, if within four years he violated the peace; and as the term was + not yet elapsed, he dreaded the exacting of that penalty by the sovereign + pontiff, who possessed so many means of forcing princes to make payment. + He was also afraid that violence and injustice would every where be + imputed to him, if he attacked with superior force a minor king, and a + brother-in-law, whose independent title had so lately been acknowledged by + a solemn treaty. And as the regent of Scotland, on every demand which had + been made of restitution to the English barons, had always confessed the + justice of their claim, and had only given an evasive answer, grounded on + plausible pretences, Edward resolved not to proceed by open violence, but + to employ like artifices against him. He secretly encouraged Baliol in his + enterprise; connived at his assembling forces in the north; and gave + countenance to the nobles who were disposed to join in the attempt. A + force of near two thousand five hundred men was enlisted under Baliol, by + Umfreville, earl of Angus, the lords Beaumont, Ferrars, Fitz-warin, Wake, + Stafford, Talbot, and Moubray. As these adventurers apprehended that the + frontiers would be strongly armed and guarded, they resolved to make their + attack by sea; and having embarked at Ravenspur, they reached in a few + days the coast of Fife. + </p> + <p> + Scotland was at that time in a very different situation from that in which + it had appeared under the victorious Robert. Besides the loss of that + great monarch, whose genius and authority preserved entire the whole + political fabric, and maintained a union among the unruly barons, Lord + Douglas, impatient of rest, had gone over to Spain in a crusade against + the Moors, and had there perished in battle:[*] the earl of Murray, who + had long been declining through age and infirmities, had lately died, and + had been succeeded in the regency by Donald, earl of Marre, a man of much + inferior talents: the military spirit of the Scots, though still unbroken, + was left without a proper guidance and direction: and a minor king seemed + ill qualified to defend an inheritance, which it had required all the + consummate valor and abilities of his father to acquire and maintain. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 21. +</pre> + <p> + But as the Scots were apprised of the intended invasion, great numbers, on + the appearance of the English fleet, immediately ran to the shore, in + order to prevent the landing of the enemy. Baliol had valor and activity, + and he drove back the Scots with considerable loss.[*] He marched westward + into the heart of the country; flattering himself that the ancient + partisans of his family would declare for him. But the fierce animosities + which had been kindled between the two nations, inspiring the Scots with a + strong prejudice against a prince supported by the English, he was + regarded as a common enemy; and the regent found no difficulty in + assembling a great army to oppose him. It is pretended that Marre had no + less than forty thousand men under his banners; but the same hurry and + impatience that made him collect a force, which, from its greatness, was + so disproportioned to the occasion, rendered all his motions unskilful and + imprudent. The River Erne ran between the two armies; and the Scots, + confiding in that security, as well as in their great superiority of + numbers, kept no order in their encampment. Baliol passed the river in the + night-time; attacked the unguarded and undisciplined Scots; threw them + into confusion, which was increased by the darkness, and by their very + numbers, to which they trusted; and he beat them off the field with great + slaughter.[**] But in the morning, when the Scots were at some distance, + they were ashamed of having yielded the victory to so weak a foe, and they + hurried back to recover the honor of the day. Their eager passions urged + them precipitately to battle, without regard to some broken ground which + lay between them and the enemy, and which disordered and confounded their + ranks. Baliol seized the favorable opportunity, advanced his troops upon + them, prevented them from rallying, and anew chased them off the field + with redoubled slaughter. There fell above twelve thousand Scots in this + action; and among these the flower of their nobility; the regent himself, + the earl of Carrick, a natural son of their late king, the earls of Athole + and Monteith, lord Hay of Errol, constable, and the lords Keith and + Lindsey. The loss of the English scarcely exceeded thirty men; a strong + proof, among many others, of the miserable state of military discipline in + those ages.[***] + </p> +<pre xml:space="preserve"> + * Heming. p. 272. Walsing. p. 131. Knyghton, p. 2560. + + ** Knyghton, p. 2561. + + *** Heming. p. 273. Walsing. p. 131. Knyghton, p. 2561. +</pre> + <p> + Baliol soon after made himself master of Perth; but still was not able to + bring over any of the Scots to his party. Patric Dunbar, earl of Marche, + and Sir Archibald Douglas, brother to the lord of that name, appeared at + the head of the Scottish armies, which amounted still to near forty + thousand men; and they purposed to reduce Baliol and the English by + famine. They blockaded Perth by land; they collected some vessels with + which they invested it by water; but Baliol’s ships, attacking the + Scottish fleet, gained a complete victory, and opened the communication + between Perth and the sea.[*] The Scotch armies were then obliged to + disband for want of pay and subsistence: the nation was in effect subdued + by a handful of men: each nobleman who found himself most exposed to + danger, successively submitted to Baliol: that prince was crowned at + Scone: David, his competitor, was sent over to France with his betrothed + wife Jane, sister to Edward: and the heads of his party sued to Baliol for + a truce, which he granted them, in order to assemble a parliament in + tranquillity, and have his title recognized by the whole Scottish nation. + </p> +<pre xml:space="preserve"> + * Heming p. 273. Knyghton, p. 2561. +</pre> + <p class="side"> + 1333. + </p> + <p> + But Baliol’s imprudence, or his necessities, making him dismiss the + greater part of his English followers, he was, notwithstanding the truce, + attacked of a sudden near Annan, by Sir Archibald Douglas and other + chieftains of that party; he was routed; his brother, John Baliol, was + slain; he himself was chased into England in a miserable condition; and + thus lost his kingdom by a revolution as sudden as that by which he had + acquired it. + </p> + <p> + While Baliol enjoyed his short-lived and precarious royalty, he had been + sensible that, without the protection of England, it would be impossible + for him to maintain possession of the throne; and he had secretly sent a + message to Edward, offering to acknowledge his superiority, to renew the + homage for his crown, and to espouse the princess Jane, if the pope’s + consent could be obtained for dissolving her former marriage, which was + not yet consummated. Edward, ambitious of recovering that important + concession, made by Mortimer during his minority, threw off all scruples, + and willingly accepted the offer; but as the dethroning of Baliol had + rendered this stipulation of no effect, the king prepared to reinstate him + in possession of the crown; an enterprise which appeared from late + experience so easy and so little hazardous. As he possessed many popular + arts, he consulted his parliament on the occasion; but that assembly, + finding the resolution already taken, declined giving any opinion, and + only granted him, in order to support the enterprise, an aid of a + fifteenth from the personal estates of the nobility and gentry, and a + tenth of the movables of boroughs. And they added a petition, that the + king would thenceforth live on his own revenue, without grieving his + subjects by illegal taxes, or by the outrageous seizure of their goods in + the shape of purveyance.[*] + </p> + <p> + As the Scots expected that the chief brunt of the war would fall upon + Berwick, Douglas, the regent, threw a strong garrison into that place, + under the command of Sir William Keith, and he himself assembled a great + army on the frontiers, ready to penetrate into England as soon as Edward + should have invested that place. The English army was less numerous, but + better supplied with arms and provisions, and retained in stricter + discipline; and the king, notwithstanding the valiant defence made by + Keith, had in two months reduced the garrison to extremities, and had + obliged them to capitulate: they engaged to surrender, if they were not + relieved within a few days by their countrymen.[**] This intelligence + being conveyed to the Scottish army, which was preparing to invade + Northumberland, changed their plan of operations, and engaged them to + advance towards Berwick, and attempt the relief of that important + fortress. Douglas, who had ever purposed to decline a pitched battle, in + which he was sensible of the enemy’s superiority, and who intended to have + drawn out the war by small skirmishes, and by mutually ravaging each + other’s country, was forced, by the impatience of his troops, to put the + fate of the kingdom upon the event of one day. He attacked the English at + Halidown Hill, a little north of Berwick; and though his heavy-armed + cavalry dismounted, in order to render the action more steady and + desperate, they were received with such valor by Edward, and were so + galled by the English archers, that they were soon thrown into disorder + and on the fall of Douglas, their general, were totally routed. The whole + army fled in confusion, and the English, but much more the Irish, gave + little quarter in the pursuit: all the nobles of chief distinction were + either slain or taken prisoners: near thirty thousand of the Scots fell in + the action; while the loss of the English amounted only to one knight, one + esquire, and thirteen private soldiers; an inequality almost + incredible.[***] + </p> +<pre xml:space="preserve"> + * Cotton’s Abridg. + + ** Rymer, vol. iv. p. 564, 565, 566 + + *** Heming. p. 275, 276, 277. Knyghton, p. 2559. Otterborne, + p 115. +</pre> + <p> + After this fatal blow, the Scottish nobles had no other resource than + instant submission; and Edward, leaving a considerable body with Baliol to + complete the conquest of the kingdom, returned with the remainder of his + army to England. Baliol was acknowledged king by a parliament assembled at + Edinburgh;[*] the superiority of England was again recognized; many of the + Scottish nobility swore fealty to Edward; and to complete the misfortunes + of that nation, Baliol ceded Berwick, Dunbar, Roxburgh, Edinburgh, and all + the south-east counties of Scotland, which were declared to be forever + annexed to the English monarchy.[**] + </p> +<pre xml:space="preserve"> + * Rymer vol. v. p. 590. + + ** Rymer, vol. iv. p. 614. +</pre> + <p class="side"> + 1334. + </p> + <p> + If Baliol on his first appearance was dreaded by the Scots, as an + instrument employed by England for the subjection of the kingdom, this + deed confirmed all their suspicions, and rendered him the object of + universal hatred. Whatever submissions they might be obliged to make, they + considered him not as their prince, but as the delegate and confederate of + their determined enemy: and neither the manners of the age, nor the state + of Edward’s revenue, permitting him to maintain a standing army in + Scotland, the English forces were no sooner withdrawn, than the Scots + revolted from Baliol, and returned to their former allegiance under Bruce. + Sir Andrew Murray, appointed regent by the party of this latter prince, + employed with success his valor and activity in many small but decisive + actions against Baliol; and in a short time had almost wholly expelled him + the kingdom. + </p> + <p class="side"> + 1335. + </p> + <p> + Edward was obliged again to assemble an army, and to march into Scotland: + the Scots, taught by experience, withdrew into their hills and fastnesses: + he destroyed the houses and ravaged the estates of those whom he called + rebels: but this confirmed them still further in their obstinate antipathy + to England and to Baliol; and being now rendered desperate, they were + ready to take advantage, on the first opportunity, of the retreat of their + enemy, and they soon reconquered their country from the English. + </p> + <p class="side"> + 1336. + </p> + <p> + Edward made anew his appearance in Scotland with like success: he found + every thing hostile in the kingdom, except the spot on which he was + encamped: and though he marched uncontrolled over the low countries, the + nation itself was farther than ever from being broken and subdued. Besides + being supported by their pride and anger, passions difficult to tame, they + were encouraged, amidst all their calamities, by daily promises of relief + from France; and as war was now likely to break out between that kingdom + and England, they had reason to expect, from this incident, a great + diversion of that force which had so long oppressed and overwhelmed them. + </p> + <p class="side"> + 1337. + </p> + <p> + We now come to a transaction on which depended the most memorable events, + not only of this long and active reign, but of the whole English and + French history during more than a century; and it will therefore be + necessary to give a particular account of the springs and causes of it. + </p> + <p> + It had long been a prevailing opinion, that the crown of France could + never descend to a female; and in order to give more authority to this + maxim, and assign it a determinate origin, it had been usual to derive it + from a clause in the Salian code, the law of an ancient tribe among the + Franks; though that clause, when strictly examined, carries only the + appearance of favoring this principle, and does not really, by the + confession of the best antiquaries, bear the sense commonly imposed upon + it. But though positive law seems wanting among the French for the + exclusion of females, the practice had taken place; and the rule was + established beyond controversy on some ancient as well as some modern + precedents. During the first race of the monarchy, the Franks were so rude + and barbarous a people, that they were incapable of submitting to a female + reign; and in that period of their history there were frequent instances + of kings advanced to royalty, in prejudice of females who were related to + the crown by nearer degrees of consanguinity. These precedents, joined to + like causes, had also established the male succession in the second race; + and though the instances were neither so frequent nor so certain during + that period, the principle of excluding the female line seems still to + have prevailed, and to have directed the conduct of the nation. During the + third race, the crown had descended from father to son for eleven + generations, from Hugh Capet to Lewis Hutin; and thus, in fact, during the + course of nine hundred years, the French monarchy had always been governed + by males, and no female, and none who founded his title on a female, had + ever mounted the throne. Philip the Fair, father of Lewis Hutin, left + three sons, this Lewis, Philip the Long, and Charles the Fair, and one + daughter, Isabella, queen of England. Lewis Hutin, the eldest, left at his + death one daughter, by Margaret, sister to Eudes, duke of Burgundy; and as + his queen was then pregnant, Philip, his younger brother, was appointed + regent, till it should appear whether the child proved a son or a + daughter. The queen bore a male, who lived only a few days: Philip was + proclaimed king: and as the duke of Burgundy made some opposition, and + asserted the rights of his niece, the states of the kingdom, by a solemn + and deliberate decree, gave her an exclusion, and declared all females + forever incapable of succeeding to the crown of France. Philip died after + a short reign, leaving three daughters; and his brother Charles, without + dispute or controversy, then succeeded to the crown. The reign of Charles + was also short; he left one daughter; but as his queen was pregnant, the + next male heir was appointed regent, with a declared right of succession + if the issue should prove female. This prince was Philip de Valois, + cousin-german to the deceased king; being the son of Charles de Valois, + brother of Philip the Fair. The queen of France was delivered of a + daughter: the regency ended; and Philip de Valois was unanimously placed + on the throne of France. + </p> + <p> + The king of England, who was at that time a youth of fifteen years of age, + embraced a notion that he was entitled, in right of his mother, to the + succession of the kingdom, and that the claim of the nephew was preferable + to that of the cousin-german. There could not well be imagined a notion + weaker or worse grounded. The principle of excluding females was of old an + established opinion in France, and had acquired equal authority with the + most express and positive law: it was supported by ancient precedents: it + was confirmed by recent instances, solemnly and deliberately decided: and + what placed it still farther beyond controversy, if Edward was disposed to + question its validity, he thereby cut off his own pretensions; since the + three last kings had all left daughters, who were still alive, and who + stood before him in the order of succession. He was therefore reduced to + assert that, though his mother Isabella was, on account of her sex, + incapable of succeeding, he himself, who inherited through her, was liable + to no such objection, and might claim by the right of propinquity. But, + besides that this pretension was more favorable to Charles, king of + Navarre, descended from the daughter of Lewis Hutin, it was so contrary to + the established principles of succession in every country of Europe,[*] + was so repugnant to the practice both in private and public inheritances, + that nobody in France thought of Edward’s claim. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 4. +</pre> + <p> + Philip’s title was universally recognized;[*] and he never imagined that + he had a competitor, much less so formidable a one as the king of England. + </p> + <p> + But though the youthful and ambitious mind of Edward had rashly + entertained this notion, he did not think proper to insist on his + pretensions, which must have immediately involved him, on very unequal + terms, in a dangerous and implacable war with so powerful a monarch. + Philip was a prince of mature years, of great experience, and at that time + of an established character both for prudence and valor; and by these + circumstances, as well as by the internal union of his people, and their + acquiescence in his undoubted right, he possessed every advantage above a + raw youth, newly raised, by injustice and violence, to the government of + the most intractable and most turbulent subjects in Europe. But there + immediately occurred an incident which required that Edward should either + openly declare his pretensions, or forever renounce and abjure them. He + was summoned to do homage for Guienne: Philip was preparing to compel him + by force of arms: that country was in a very bad state of defence: and the + forfeiture of so rich an inheritance was, by the feudal law, the immediate + consequence of his refusing or declining to perform the duty of a vassal. + Edward therefore thought it prudent to submit to present necessity: he + went over to Amiens, did homage to Philip, and as there had arisen some + controversy concerning the terms of this submission, he afterwards sent + over a formal deed, in which he acknowledged that he owed liege homage to + France;[**] which was in effect ratifying, and that in the strongest + terms, Philip’s title to the crown of that kingdom. His own claim indeed + was so unreasonable, and so thoroughly disavowed by the whole French + nation, that to insist on it was no better than pretending to the violent + conquest of the kingdom; and it is probable that he would never have + further thought of it, had it not been for some incidents which excited an + animosity between the monarchs. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 22. + + ** Rymer, vol. iv. p. 477, 481. Froissard, liv. i. chap. 25. + Anon, Hist. p. 394. Walsing. p. 130. Murimuth, p. 73. 195 +</pre> + <p> + Robert of Artois was descended from the blood royal of France, was a man + of great character and authority, had espoused Philip’s sister, and by his + birth, talents, and credit was entitled to make the highest figure, and + fill the most important offices in the monarchy. This prince had lost the + county of Artois, which he claimed as his birthright, by a sentence, + commonly deemed iniquitous, of Philip the Fair; and he was seduced to + attempt recovering possession by an action so unworthy of his rank and + character as a forgery.[*] The detection of this crime covered him with + shame and confusion: his brother-in-law not only abandoned him, but + prosecuted him with violence: Robert, incapable of bearing disgrace, left + the kingdom, and hid himself in the Low Countries: chased from that + retreat by the authority of Philip, he came over to England; in spite of + the French king’s menaces and remonstrances, he was favorably received by + Edward; [**] and was soon admitted into the councils and shared the + confidence of that monarch. Abandoning himself to all the movements of + rage and despair, he endeavored to revive the prepossession entertained by + Edward in favor of his title to the crown of France, and even flattered + him that it was not impossible for a prince of his valor and abilities to + render his claim effectual. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 29. + + ** Rymer, vol. iv. p. 747. Froissard, liv. i. chap. 27. +</pre> + <p> + The king was the more disposed to hearken to suggestions of this nature, + because he had, in several particulars, found reason to complain of + Philip’s conduct with regard to Guienne, and because that prince had both + given protection to the exiled David Bruce, and supported, at least + encouraged, the Scots in their struggles for independence. Thus resentment + gradually filled the breasts of both monarchs, and made them incapable of + hearkening to any terms of accommodation proposed by the pope, who never + ceased interposing his good offices between them. Philip thought that he + should be wanting to the first principles of policy if he abandoned + Scotland: Edward affirmed that he must relinquish all pretensions to + generosity if he withdrew his protection from Robert. The former, informed + of some preparations for hostilities which had been made by his rival, + issued a sentence of felony and attainder against Robert, and declared + that every vassal of the crown, whether within or without the kingdom, who + gave countenance to that traitor, would be involved in the same sentence; + a menace easy to be understood: the latter, resolute not to yield, + endeavored to form alliances in the Low Countries and on the frontiers of + Germany, the only places from which he either could make an effectual + attack upon France, or produce such a diversion as might save the province + of Guienne, which lay so much exposed to the power of Philip. + </p> + <p> + The king began with opening his intentions to the count of Hainault, his + father-in-law; and having engaged him in his interests, he employed the + good offices and councils of that prince in drawing into his alliance the + other sovereigns of that neighborhood. The duke of Brabant was induced, by + his mediation, and by large remittances of money from England, to promise + his concurrence;[*] the archbishop of Cologne, the duke of Gueldres, the + marquis of Juliers, the count of Namur, the lords of Fauquemont and + Baquen, were engaged by like motives to embrace the English alliance.[**] + These sovereign princes could supply, either from their own states or from + the bordering countries, great numbers of warlike troops; and nought was + wanting to make the force on that quarter very formidable but the + accession of Flanders; which Edward procured by means somewhat + extraordinary and unusual. + </p> + <p> + As the Flemings were the first people in the northern parts of Europe that + cultivated arts and manufactures, the lower ranks of men among them had + risen to a degree of opulence unknown elsewhere to those of their station + in that barbarous age; had acquired privileges and independence, and began + to emerge from that state of vassalage, or rather of slavery, into which + the common people had been universally thrown by the feudal institutions. + It was probably difficult for them to bring their sovereign and their + nobility to conform themselves to the principles of law and civil + government, so much neglected in every other country: it was impossible + for them to confine themselves within the proper bounds in their + opposition and resentment against any instance of tyranny: they had risen + in tumults: had insulted the nobles: had chased their earl into France; + and delivering themselves over to the guidance of a seditious leader, had + been guilty of all that insolence and disorder to which the thoughtless + and enraged populace are so much inclined, wherever they are unfortunate + enough to be their own masters.[***] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 777. + + ** Froissard, liv. iv. chap. 29, 33, 36. + + *** Froissard, liv. i. chap. 30. Meyerus. +</pre> + <p> + Their present leader was James d’Arteville, a brewer in Ghent, who + governed them with a more absolute sway than had ever been assumed by any + of their lawful sovereigns: he placed and displaced the magistrates at + pleasure: he was accompanied by a guard, who, on the least signal from + him, instantly assassinated any man that happened to fall under his + displeasure: all the cities of Flanders were full of his spies: and it was + immediate death to give him the smallest umbrage: the few nobles who + remained in the country, lived in continual terror from his violence: he + seized the estates of all those whom he had either banished or murdered; + and bestowing part on their wives and children, converted the remainder to + his own use.* Such were the first effects that Europe saw of popular + violence, after having groaned, during so many ages, under monarchical and + aristocratical tyranny. + </p> + <p> + James d’Arteville was the man to whom Edward addressed himself for + bringing over the Flemings to his interests; and that prince, the most + haughty and most aspiring of the age, never courted any ally with so much + assiduity and so many submissions as he employed towards this seditious + and criminal tradesman. D’Arteville, proud of these advances from the king + of England, and sensible that the Flemings were naturally inclined to + maintain connections with the English who furnished them the materials of + their woollen manufactures, the chief source of their opulence, readily + embraced the interests of Edward, and invited him over into the Low + Countries. Edward, before he entered on this great enterprise, affected to + consult his parliament, asked their advice, and obtained their consent.[*] + And the more to strengthen his hands, he procured from them a grant of + twenty thousand sacks of wool; which might amount to about a hundred + thousand pounds: this commodity was a good instrument to employ with the + Flemings; and the price of it with his German allies. He completed the + other necessary sums by loans, by pawning the crown jewels, by + confiscating or rather robbing at once all the Lombards, who now exercised + the invidious trade formerly monopolized by the Jews, of lending on + interest;[**] and being attended by a body of English forces, and by + several of his nobility, he sailed over to Flanders. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 30. * Cotton’s Abridg. + + ** Dugd. Baron, vol. ii. p. 146. +</pre> + <p class="side"> + 1338. + </p> + <p> + The German princes, in order to justify their unprovoked hostilities + against France, had required the sanction of some legal authority; and + Edward, that he might give them satisfaction on this head, had applied to + Lewis of Bavaria, then emperor, and had been created by him “vicar of the + empire;” an empty title, but which seemed to give him a right of + commanding the service of the princes of Germany.[*] The Flemings, who + were vassals of France, pretending like scruples with regard to the + invasion of their liege lord; Edward, by the advice of d’Arteville, + assumed, in his commissions, the title of king of France; and, in virtue + of this right, claimed their assistance for dethroning Philip de Valois, + the usurper of his kingdom.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 35. + + ** Heming. p. 303. Walsing. p. 143. +</pre> + <p> + This step, which he feared would destroy all future amity between the + kingdoms, and beget endless and implacable jealousies in France, was not + taken by him without much reluctance and hesitation: and not being in + itself very justifiable, it has in the issue been attended with many + miseries to both kingdoms. From this period we may date the commencement + of that great animosity which the English nation have ever since borne to + the French, which has so visible an influence on all future transactions, + and which has been, and continues to be, the spring of many rash and + precipitate resolutions among them. In all the preceding reigns since the + conquest, the hostilities between the two crowns had been only casual and + temporary; and as they had never been attended with any bloody or + dangerous event, the traces of them were easily obliterated by the first + treaty of pacification. The English nobility and gentry valued themselves + on their French or Norman extraction: they affected to employ the language + of that country in all public transactions, and even in familiar + conversation; and both the English court and camp being always full of + nobles who came from different provinces of France, the two people were, + during some centuries, more intermingled together than any two distinct + nations whom we meet with in history. But the fatal pretensions of Edward + III. dissolved all these connections, and left the seeds of great + animosity in both countries, especially among the English. For it is + remarkable, that this latter nation, though they were commonly the + aggressors, and by their success and situation were enabled to commit the + most cruel injuries on the other, have always retained a stronger tincture + of national antipathy; nor is their hatred retaliated on them to an equal + degree by the French. That country lies in the middle of Europe, has been + successively engaged in hostilities with all its neighbors, the popular + prejudices have been diverted into many channels, and, among a people of + softer manners, they never rose to a great height against any particular + nation. + </p> + <p> + Philip made great preparations against the attack from the English, and + such as seemed more than sufficient to secure him from the danger. Besides + the concurrence of all the nobility in his own populous and warlike + kingdom, his foreign alliances were both more cordial and more powerful + than those which were formed by his antagonist. The pope, who, at this + time, lived in Avignon, was dependent on France; and being disgusted at + the connections between Edward and Lewis of Bavaria, whom he had + excommunicated, he embraced with zeal and sincerity the cause of the + French monarch. The king of Navarre, the duke of Brittany, the count of + Bar, were in the same interests; and on the side of Germany, the king of + Bohemia, the Palatine, the dukes of Lorraine and Austria, the bishop of + Liege, the counts of Deuxpont, Vaudemont, and Geneva. The allies of Edward + were in themselves weaker; and having no object but his money, which began + to be exhausted, they were slow in their motions and irresolute in their + measures. + </p> + <p class="side"> + 1339. + </p> + <p> + The duke of Brabant, the most powerful among them, seemed even inclined to + withdraw himself wholly from the alliance; and the king was necessitated + both to give the Brabanters new privileges in trade, and to contract his + son Edward with the daughter of that prince, ere he could bring him to + fulfil his engagements. The summer was wasted in conferences and + negotiations before Edward could take the field; and he was obliged, in + order to allure his German allies into his measures, to pretend that the + first attack should be made upon Cambray, a city of the empire which had + been garrisoned by Philip.[*] But finding, upon trial, the difficulty of + the enterprise, he conducted them towards the frontiers of France; and he + there saw, by a sensible proof, the vanity of his expectations: the count + of Namur, and even the count of Hainault, his brother-in-law (for the old + count was dead,) refused to commence hostilities against their liege lord, + and retired with their troops.[**] So little account did they make of + Edward’s pretensions to the crown of France! + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 39. Heming. p. 305. + + ** Froissard, liv. i. chap. 29. +</pre> + <p> + The king, however, entered the enemy’s country, and encamped on the fields + of Vironfosse, near Capeile, with an army of near fifty thousand men, + composed almost entirely of foreigners: Philip approached him with an army + of near double the force, composed chiefly of native subjects; and it was + daily expected that a battle would ensue. But the English monarch was + averse to engage against so great a superiority: the French thought it + sufficient if he eluded the attacks of his enemy, without running any + unnecessary hazard. The two armies faced each other for some days: mutual + defiances were sent: and Edward, at last, retired into Flanders, and + disbanded his army.[*] + </p> + <p> + Such was the fruitless and almost ridiculous conclusion of Edward’s mighty + preparations; and as his measures were the most prudent that could be + embraced in his situation, he might learn from experience in what a + hopeless enterprise he was engaged. His expenses, though they had led to + no end, had been consuming and destructive; he had contracted near three + hundred thousand pounds of debt;[**] he had anticipated all his revenue; + he had pawned every thing of value which belonged either to himself or his + queen; he was obliged in some measure even to pawn himself to his + creditors, by not sailing to England till he obtained their permission, + and by promising on his word of honor to return in person, if he did not + remit their money. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 41, 42, 43. Heming, p. 307. + Walsing p. 143. + + ** Cotton’s Abridg. p. 17. +</pre> + <p> + But he was a prince of too much spirit to be discouraged by the first + difficulties of an undertaking; and he was anxious to retrieve his honor + by more successful and more gallant enterprises. For this purpose he had, + during the course of the campaign, sent orders to summon a parliament by + his son Edward, whom he had left with the title of guardian, and to demand + some supply in his urgent necessities. The barons seemed inclined to grant + his request; but the knights, who often, at this time, acted as a separate + body from the burgesses, made some scruple of taxing their constituents + without their consent; and they desired the guardian to summon a new + parliament, which might be properly empowered for that purpose. The + situation of the king and parliament was for the time, nearly similar to + that which they constantly fell into about the beginning of the last + century; and similar consequences began visibly to appear. The king, + sensible of the frequent demands which he should be obliged to make on his + people, had been anxious to insure to his friends a seat in the house of + commons, and at his instigation the sheriffs and other placemen had made + interest to be elected into that assembly; an abuse which the knights + desired the king to correct by the tenor of his writ of summons, and which + was accordingly remedied. On the other hand, the knights had professedly + annexed conditions to their intended grant, and required a considerable + retrenchment of the royal prerogatives, particularly with regard to + purveyance, and the levying of the ancient feudal aids for knighting the + king’s eldest son, and marrying his eldest daughter. The new parliament, + called by the guardian, retained the same free spirit; and though they + offered a large supply of thirty thousand sacks of wool, no business was + concluded; because the conditions which they annexed appeared too high to + be compensated by a temporary concession. But when Edward himself came + over to England, he summoned another parliament, and he had the interest + to procure a supply on more moderate terms. A confirmation of the two + charters, and of the privileges of boroughs, a pardon for old debts and + trespasses, and a remedy for some abuses in the execution of common law, + were the chief conditions insisted on; and the king, in return for his + concessions on these heads, obtained from the barons and knights an + unusual grant for two years, of the ninth sheaf, lamb, and fleece on their + estates, and from the burgesses a ninth of their movables at their true + value. The whole parliament also granted a duty of forty shillings on each + sack of wool exported, on each three hundred woolfells, and on each last + of leather for the same term of years, but dreading the arbitrary spirit + of the crown, they expressly declared, that this grant was to continue no + longer, and was not to be drawn into precedent. Being soon after sensible + that this supply, though considerable, and very unusual in that age, would + come in slowly, and would not answer the king’s urgent necessities, + proceeding both from his debts and his preparations for war, they agreed + that twenty thousand sacks of wool should immediately be granted him, and + their value be deducted from the ninths which were afterwards to be + levied. + </p> + <p> + But there appeared at this time another jealousy in the parliament, which + was very reasonable, and was founded on a sentiment that ought to have + engaged them rather to check than support the king in all those ambitious + projects, so little likely to prove successful, and so dangerous to the + nation if they did. Edward, who, before the commencement of the former + campaign, had, in several commissions, assumed the title of king of + France, now more openly, in all public deeds, gave himself that + appellation, and always quartered the arms of France with those of England + in his seals and ensigns. The parliament thought proper to obviate the + consequences of this measure, and to declare that they owed him no + obedience as king of France, and that the two kingdoms must forever remain + distinct and independent.[*] They undoubtedly foresaw that France, if + subdued, would in the end prove the seat of government; and they deemed + this previous protestation necessary, in order to prevent their becoming a + province to that monarchy: a frail security if the event had really taken + place! + </p> +<pre xml:space="preserve"> + * 14 Edward III. +</pre> + <p class="side"> + 1340. + </p> + <p> + As Philip was apprised, from the preparations which were making both in + England and the Low Countries, that he must expect another invasion from + Edward, he fitted out a great fleet of four hundred vessels, manned with + forty thousand men: and he stationed them off Sluise, with a view of + intercepting the king in his passage. The English navy was much inferior + in number, consisting only of two hundred and forty sail; but whether it + were by the superior abilities of Edward, or the greater dexterity of his + seamen, they gained the wind of the enemy, and had the sun in their backs: + and with these advantages began the action. The battle was fierce and + bloody: the English archers, whose force and address were now much + celebrated, galled the French on their approach: and when the ships + grappled together, and the contest became more steady and furious, the + example of the king, and of so many gallant nobles who accompanied him, + animated to such a degree the seamen and soldiery, that they maintained + every where a superiority over the enemy. The French also had been guilty + of some imprudence in taking their station so near the coast of Flanders, + and choosing that place for the scene of action. The Flemings, descrying + the battle, hurried out of their harbors, and brought a reënforcement to + the English; which, coming unexpectedly, had a greater effect than in + proportion to its power and numbers. Two hundred and thirty French ships + were taken: thirty thousand Frenchmen were killed, with two of their + admirals: the loss of the English was inconsiderable, compared to the + greatness and importance of the victory.[*] None of Philip’s courtiers, it + is said, dared to inform him of the event; till his fool or jester gave + him a hint, by which he discovered the loss that he had sustained.[**] + </p> + <p> + The lustre of this great success increased the king’s authority among his + allies, who assembled their forces with expedition, and joined the English + army. Edward marched to the frontiers of France at the head of above one + hundred thousand men, consisting chiefly of foreigners, a more numerous + army than either before or since has ever been commanded by any king of + England.[***] At the same time the Flemings, to the number of fifty + thousand men, marched out under the command of Robert of Artois, and laid + siege to St. Omer; but this tumultuary army, composed entirely of + tradesmen unexperienced in war, was routed by a sally of the garrison, and + notwithstanding the abilities of their leader, was thrown into such a + panic, that they were instantly dispersed, and never more appeared in the + field. The enterprises of Edward, though not attended with so inglorious + an issue, proved equally vain and fruitless. The king of France had + assembled an army more numerous than the English; was accompanied by all + the chief nobility of his kingdom; was attended by many foreign princes, + and even by three monarchs, the kings of Bohemia, Scotland, and + Navarre:[****] yet he still adhered to the prudent resolution of putting + nothing to hazard; and after throwing strong garrisons into all the + frontier towns, he retired backwards, persuaded that the enemy, having + wasted their force in some tedious and unsuccessful enterprise, would + afford him an easy victory. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 51. Avesbury, p. 56. Heming. p. + 321. + + ** Walsing. p. 148. + + *** Rymer, vol. v. p. 197 + + **** Froissard, liv. i. chap. 57. +</pre> + <p> + Tournay was at that time one of the most considerable cities of Flanders, + containing above sixty thousand inhabitants of all ages, who were + affectionate to the French government: and as the secret of Edward’s + designs had not been strictly kept, Philip learned that the English, in + order to gratify their Flemish allies, had intended to open the campaign + with the siege of this place: he took care therefore to supply it with a + garrison of fourteen thousand men, commanded by the bravest nobility of + France; and he reasonably expected that these forces, joined to the + inhabitants, would be able to defend the city against all the efforts of + the enemy. Accordingly Edward, when he commenced the siege about the end + of July found every where an obstinate resistance: the valor of one side + was encountered with equal valor by the other: every assault was repulsed, + and proved unsuccessful: and the king was at last obliged to turn the + siege into a blockade, in hopes that the great numbers of the garrison and + citizens, which had enabled them to defend themselves against his attacks, + would but expose them to be the more easily reduced by famine.[*] The + count of Eu, who commanded in Tournay, as soon as he perceived that the + English had formed this plan of operations endeavored to save his + provisions by expelling all the useless mouths; and the duke of Brabant, + who wished no success to Edward’s enterprises, gave every one a free + passage through his quarters. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 54. +</pre> + <p> + After the siege had continued ten weeks, the city was reduced to distress; + and Philip, recalling all his scattered garrisons, advanced towards the + English camp at the head of a mighty army, with an intention of still + avoiding any decisive action, but of seeking some opportunity for throwing + relief into the place. Here Edward, irritated with the small progress he + had hitherto made, and with the disagreeable prospect that lay before him, + sent Philip a defiance by a herald and challenged him to decide their + claims for the crown of France either by single combat, or by an action of + a hundred against a hundred, or by a general engagement. But Philip + replied, that Edward having done homage to him for the duchy of Guienne, + and having solemnly acknowledged him for his superior, it by no means + became him to send a defiance to his liege lord and sovereign: that he was + confident, notwithstanding all Edward’s preparations, and his conjunction + with the rebellious Flemings, he himself should soon be able to chase him + from the frontiers of France: that as the hostilities from England had + prevented him from executing his purposed crusade against the infidels, he + trusted in the assistance of the Almighty, who would reward his pious + intentions, and punish the aggressor, whose ill-grounded claims had + rendered them abortive: that Edward proposed a duel on very unequal terms, + and offered to hazard only his own person against both the kingdom of + France and the person of the king: but that, if he would increase the + stake, and put also the kingdom of England on the issue of the duel, he + would, notwithstanding that the terms would still be unequal, very + willingly accept of the challenge.[*] It was easy to see that these mutual + bravadoes were intended only to dazzle the populace, and that the two + kings were too wise to think of executing their pretended purpose. + </p> +<pre xml:space="preserve"> + * Du Tillet, Recueil de Traités, etc. Heming. p. 325, 326. + Walsing, p. 149. +</pre> + <p> + While the French and English armies lay in this situation, and a general + action was every day expected, Jane, countess dowager of Hainault, + interposed with her good offices, and endeavored to conciliate peace + between the contending monarchs, and to prevent any further effusion of + blood. This princess was mother-in-law to Edward, and sister to Philip; + and though she had taken the vows in a convent, and had renounced the + world, she left her retreat on this occasion, and employed all her pious + efforts to allay those animosities which had taken place between persons + so nearly related to her and to each other. As Philip had no material + claims on his antagonist, she found that he hearkened willingly to the + proposals; and even the haughty and ambitious Edward, convinced of his + fruitless attempt, was not averse to her negotiation. He was sensible, + from experience, that he had engaged in an enterprise which far exceeded + his force; and that the power of England was never likely to prevail over + that of a superior kingdom, firmly united under an able and prudent + monarch. He discovered that all the allies whom he could gain by + negotiation were at bottom averse to his enterprise; and though they might + second it to a certain length, would immediately detach themselves, and + oppose its final accomplishment, if ever they could be brought to think + that there was seriously any danger of it. He even saw that their chief + purpose was to obtain money from him; and as his supplies from England + came in very slowly, and had much disappointed his expectations, he + perceived their growing indifference in his cause, and their desire of + embracing all plausible terms of accommodation. Convinced at last that an + undertaking must be imprudent which could only be supported by means so + unequal to the end, he concluded a truce, which left both parties in + possession of their present acquisitions, and stopped all further + hostilities on the side of the Low Countries, Guienne, and Scotland, till + midsummer next.[*] A negotiation was soon after opened at Arras, under the + mediation of the pope’s legates; and the truce was attempted to be + converted into a solid peace. Edward here required that Philip should free + Guienne from all claims of superiority, and entirely withdraw his + protection from Scotland: but as he seemed not anywise entitled to make + such high demands, either from his past successes or future prospects, + they were totally rejected by Philip, who agreed only to a prolongation of + the truce. + </p> + <p> + The king of France soon after detached the emperor Lewis from the alliance + of England, and engaged him to revoke the title of imperial vicar, which + he had conferred on Edward.[**] The king’s other allies on the frontiers + of France, disappointed in their hopes, gradually withdrew from the + confederacy. And Edward himself, harassed by his numerous and importunate + creditors, was obliged to make his escape by stealth into England. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 64. Avesbury, p. 65. + + ** Heming, p. 352. Ypod. Neust. p. 514. Knyghton, p. 2580. +</pre> + <p> + The unusual tax of a ninth sheaf, lamb, and fleece, imposed by parliament, + together with the great want of money, and still more, of credit in + England, had rendered the remittances to Flanders extremely backward; nor + could it be expected, that any expeditious method of collecting an + imposition, which was so new in itself, and which yielded only a gradual + produce, could possibly be contrived by the king or his ministers. And + though the parliament, foreseeing the inconvenience, had granted, as a + present resource, twenty thousand sacks of wool, the only English goods + that bore a sure price in foreign markets, and were the next to ready + money, it was impossible but the getting possession of such a bulky + commodity, the gathering of it from different parts of the kingdom, and + the disposing of it abroad, must take up more time than the urgency of the + king’s affairs would permit, and must occasion all the disappointments + complained of during the course of the campaign. But though nothing had + happened which Edward might not reasonably have foreseen, he was so + irritated with the unfortunate issue of his military operations, and so + much vexed and affronted by his foreign creditors, that he was determined + to throw the blame somewhere off himself and he came in very bad humor + into England. He discovered his peevish disposition by the first act which + he performed after his arrival: as he landed unexpectedly, he found the + Tower negligently guarded; and he immediately committed to prison the + constable and all others who had the charge of that fortress, and he + treated them with unusual rigor.[*] His vengeance fell next on the + officers of the revenue, the sheriffs, the collectors of the taxes, the + undertakers of all kinds; and besides dismissing all of them from their + employments, he appointed commissioners to inquire into their conduct; and + these men, in order to gratify the king’s humor, were sure not to find any + person innocent who came before them.[**] Sir John St. Paul, keeper of the + privy seal, Sir John Stonore, chief justice, Andrew Aubrey, mayor of + London, were displaced and imprisoned; as were also the bishop of + Chichester, chancellor, and the bishop of Lichfield, treasurer; Stratford, + archbishop of Canterbury, to whom the charge of collecting the new taxes + had been chiefly intrusted, fell likewise under the king’s displeasure; + but being absent at the time of Edward’s arrival, he escaped feeling the + immediate effects of it. + </p> +<pre xml:space="preserve"> + * Ypod. Neust. p. 513. + + ** Avesbury, p. 70, Heming p. 326. Walsing. p. 150. +</pre> + <p> + There were strong reasons, which might discourage the kings of England, in + those ages, from bestowing the chief offices of the crown on prelates and + other ecclesiastical persons. These men had so intrenched themselves in + privileges and immunities, and so openly challenged an exemption from all + secular jurisdiction, that no civil penalty could be inflicted on them for + any malversation in office; and as even treason itself was declared to be + no canonical offence, nor was allowed to be a sufficient reason for + deprivation or other spiritual censures, that order of men had insured to + themselves an almost total impunity, and were not bound by any political + law or statute. But, on the other hand, there were many peculiar causes + which favored their promotion. Besides that they possessed almost all the + learning of the age, and were best qualified for civil employments, the + prelates enjoyed equal dignity with the greatest barons, and gave weight + by their personal authority, to the powers intrusted with them; while, at + the same time, they did not endanger the crown by accumulating wealth or + influence in their families, and were restrained, by the decency of their + character, from that open rapine and violence so often practised by the + nobles. These motives had induced Edward, as well as many of his + predecessors, to intrust the chief departments of government in the hands + of ecclesiastics; at the hazard of seeing them disown his authority as + soon as it was turned against them. + </p> + <p class="side"> + 1341. + </p> + <p> + This was the case with Archbishop Stratford. That prelate, informed of + Edward’s indignation against him prepared himself for the storm; and not + content with standing upon the defensive, he resolved, by beginning the + attack, to show the king that he knew the privileges of his character, and + had courage to maintain them. He issued a general sentence of + excommunication against all who, on any pretext, exercised violence on the + person or goods of clergymen; who infringed those privileges secured by + the Great Charter, and by ecclesiastical canons; or who accused a prelate + of treason or any other crime, in order to bring him under the king’s + displeasure.[*] + </p> +<pre xml:space="preserve"> + * Heming* p. 339. Ang* Sacra, vol. i. p. 21, 22. Walsing. p. + 153. +</pre> + <p> + Even Edward had reason to think himself struck at by this sentence; both + on account of the imprisonment of the two bishops and that of other + clergymen concerned in levying the taxes, and on account of his seizing + their lands and movables, that he might make them answerable for any + balance which remained in their hands. The clergy, with the primate at + their head, were now formed into a regular combination against the king; + and many calumnies were spread against him, in order to deprive him of the + confidence and affections of his people. It was pretended that he meant to + recall the general pardon, and the remission which he had granted of old + debts, and to impose new and arbitrary taxes without consent of + parliament. The archbishop went so far, in a letter to the king himself, + as to tell him, that there were two powers by which the world was + governed, the holy pontifical apostolic dignity, and the royal subordinate + authority: that of these two powers, the clerical was evidently the + supreme; since the priests were to answer, at the tribunal of the divine + judgment, for the conduct of kings themselves: that the clergy were the + spiritual fathers of all the faithful, and amongst others of kings and + princes; and were entitled, by a heavenly charter, to direct their wills + and actions, and to censure their transgressions: and that prelates had + hitherto cited emperors before their tribunal, had sitten in judgment on + their life and behavior, and had anathematized them for their obstinate + offences.[*] These topics were not well calculated to appease Edward’s + indignation; and when he called a parliament, he sent not to the primate, + as to the other peers, a summons to attend it. Stratford was not + discouraged at this mark of neglect or anger: he appeared before the + gates, arrayed in his pontifical robes, holding the crosier in his hand + and accompanied by a pompous train of priests and prelates; and he + required admittance as the first and highest peer in the realm. During two + days the king rejected his application: but sensible, either that this + affair might be attended with dangerous consequences, or that in his + impatience he had groundlessly accused the primate of malversation in his + office, which seems really to have been the case, he at last permitted him + to take his seat, and was reconciled to him.[**] + </p> +<pre xml:space="preserve"> + * Ang. Sacra, vol i. p. 27. + + ** Ang. Sacra, p. 28, 39, 40, 41. +</pre> + <p> + Edward now found himself in a bad situation, both with his own people and + with foreign states; and it required all his genius and capacity to + extricate himself from such multiplied difficulties and embarrassments. + His unjust and exorbitant claims on France and Scotland had engaged him in + an implacable war with those two kingdoms, his nearest neighbors: he had + lost almost all his foreign alliances by his irregular payments: he was + deeply involved in debts, for which he owed a consuming interest: his + military operations had vanished into smoke; and, except his naval + victory, none of them had been attended even with glory or renown, either + to himself or to the nation: the animosity between him and the clergy was + open and declared: the people were discontented on account of many + arbitrary measures, in which he had been engaged, and what was more + dangerous, the nobility, taking advantage of his present necessities, were + determined to retrench his power, and by encroaching on the ancient + prerogatives of the crown, to acquire to themselves independence and + authority. But the aspiring genius of Edward, which had so far transported + him beyond the bounds of discretion, proved at last sufficient to + reinstate him in his former authority, and finally to render his reign the + most triumphant that is to be met with in English story; though for the + present he was obliged, with some loss of honor, to yield to the current + which bore so strongly against him. + </p> + <p> + The parliament framed an act which was likely to produce considerable + innovations in the government. They premised, that, whereas the Great + Charter had, to the manifest peril and slander of the king and damage of + his people, been violated in many points, particularly by the imprisonment + of freemen and the seizure of their goods, without suit, indictment, or + trial, it was necessary to confirm it anew, and to oblige all the chief + officers of the law, together with the steward and chamberlain of the + household, the keeper of the privy seal, the controller and treasurer of + the wardrobe, and those who were intrusted with the education of the young + prince, to swear to the regular observance of it. They also remarked, that + the peers of the realm had formerly been arrested and imprisoned, and + dispossessed of their temporalities and lands, and even some of them put + to death, without judgment or trial; and they therefore enacted that such + violences should henceforth cease, and no peer be punished but by the + award of his peers “in parliament.” They required, that, whenever any of + the great offices above mentioned became vacant, the king should fill it + by the advice of his council, and the consent of such barons as should at + that time be found to reside in the neighborhood of the court. And they + enacted, that, on the third day of every session, the king should resume + into his own hand all these offices, except those of justices of the two + benches and the barons of exchequer; that the ministers should for the + time be reduced to private persons; that they should in that condition + answer before parliament to any accusation brought against them; and that + if they were found anywise guilty, they should finally be dispossessed of + their offices, and more able persons be substituted in their place.[*] By + these last regulations, the barons approached as near as they durst to + those restrictions which had formerly been imposed on Henry III. and + Edward II., and which, from the dangerous consequences attending them, had + become so generally odious, that they did not expect to have either the + concurrence of the people in demanding the*n, or the assent of the present + king in granting them. + </p> + <p> + * 15 Edward III. + </p> + <p> + In return for these important concessions, the parliament offered the king + a grant of twenty thousand sacks of wool; and his wants were so urgent + from the clamors of his creditors and the demands of his foreign allies, + that he was obliged to accept of the supply on these hard conditions. He + ratified this statute in full parliament: but he secretly entered a + protest of such a nature as was sufficient, one should imagine to destroy + all future trust and confidence with his people; he declared that, as soon + as his convenience permitted, he would, from his own authority, revoke + what had been extorted from him.[*] Accordingly he was no sooner possessed + of the parliamentary supply, than he issued an edict, which contains many + extraordinary positions and pretensions. He first asserts, that that + statute had been enacted contrary to law, as if a free legislative body + could ever do any thing illegal. He next affirms, that as it was hurtful + to the prerogatives of the crown, which he had sworn to defend, he had + only dissembled when he seemed to ratify it, but that he had never in his + own breast given his assent to it. He does not pretend that either he or + the parliament lay under force; but only that some inconvenience would + have ensued, had he not seemingly affixed his sanction to that pretended + statute. He therefore, with the advice of his council and of some earls + and barons, abrogates and annuls it; and though he professes himself + willing and determined to observe such articles of it as were formerly + law, he declares it to have thenceforth no force or authority.[**] The + parliaments that were afterwards assembled took no notice of this + arbitrary exertion of royal power, which, by a parity of reason, left all + their laws at the mercy of the king; and, during the course of two years, + Edward had so far reëstablished his influence, and freed himself from his + present necessities, that he then obtained from his parliament a legal + repeal of the obnoxious statute.[***] This transaction certainly contains + remarkable circumstances, which discover the manners and sentiments of the + age; and may prove what inaccurate work might be expected from such rude + hands, when employed in legislation, and in rearing the delicate fabric of + laws and a constitution. + </p> +<pre xml:space="preserve"> + * Statutes at large, 15 Edward III. That this protest of the + king’s was secret appears evidently, since otherwise it + would have been ridiculous in the parliament to have + accepted of his assent: besides, the king owns that he + dissembled, which would not have been the ease had his + protest been public. + + ** Statutes at large, 15 Edward III. + + *** Cotton’s Abridg. p. 38, 39. and saw so little prospect + of success, that he would probably have dropped his claim, + had not a revolution in Brittany opened to him more + promising views, and given his enterprising genius a full + opportunity of displaying itself. +</pre> + <p> + But though Edward had happily recovered his authority at home, which had + been impaired by the events of the French war, he had undergone so many + mortifications from that attempt. + </p> + <p> + John III., duke of Brittany, had, during some years, found himself + declining through age and infirmities; and having no issue, he was + solicitous to prevent those disorders to which, on the event of his + demise, a disputed succession might expose his subjects. His younger + brother, the count of Penthiev had left only one daughter, whom the duke + deemed his heir; and as his family had inherited the duchy by a female + succession, he thought her title preferable to that of the count of + Mountfort, who, being his brother by a second marriage, was the male heir + of that principality.[*] He accordingly purposed to bestow his niece in + marriage on some person who might be able to defend her rights; and he + cast his eye on Charles of Blois, nephew of the king of France, by his + mother, Margaret of Valois, sister to that monarch. But as he both loved + his subjects and was beloved by them, he determined not to take this + important step without their approbation; and having assembled the states + of Brittany, he represented to them the advantages of that alliance, and + the prospect which it gave of an entire settlement of the succession. The + Bretons willingly concurred in his choice: the marriage was concluded: all + his vassals, and among the rest the count of Mountfort, swore fealty to + Charles and to his consort, as to their future sovereigns; and every + danger of civil commotions seemed to be obviated, as far as human prudence + could provide a remedy against them. + </p> + <p> + But on the death of this good prince, the ambition of the count of + Mountfort broke through all these regulations, and kindled a war, not only + dangerous to Brittany, but to a great part of Europe. While Charles of + Blois was soliciting at the court of France the investiture of the duchy, + Mountfort was active in acquiring immediate possession of it; and by force + or intrigue he made himself master of Rennes, Nantz, Brest Hennebonne, and + all the most important fortresses, and engaged many considerable barons to + acknowledge his authority.[**] Sensible that he could expect no favor from + Philip, he made a voyage to England, on pretence of soliciting his claim + to the earldom of Richmond, which had devolved to him by his brother’s + death; and there, offering to do homage to Edward, as king of France, for + the duchy of Brittany, he proposed a strict alliance for the support of + their mutual pretensions. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 64. + + ** Froissard, liv. i. chap. 65, 66, 67, 68. +</pre> + <p> + Edward saw immediately the advantages attending this treaty: Mountfort, an + active and valiant prince, closely united to him by interest, opened at + once an entrance into the heart of France, and afforded him much more + flattering views than his allies on the side of Germany and the Low + Countries, who had no sincere attachment to his cause, and whose progress + was also obstructed by those numerous fortifications which had been raised + on that frontier. Robert of Artois was zealous in enforcing these + considerations: the ambitious spirit of Edward was little disposed to sit + down under those repulses which he had received, and which he thought had + so much impaired his reputation; and it required a very short negotiation + to conclude a treaty of alliance between two men, who, though their pleas + with regard to the preference of male or female succession were directly + opposite, were intimately connected by their immediate interests.[*] + </p> + <p> + As this treaty was still a secret, Mountfort, on his return, ventured to + appear at Paris, in order to defend his cause before the court of peers; + but observing Philip and his judges to be prepossessed against his title, + and dreading their intentions of arresting him, till he should restore + what he had seized by violence, he suddenly made his escape; and war + immediately commenced between him and Charles of Blois.[**] Philip sent + his eldest son, the duke of Normandy, with a powerful army, to the + assistance of the latter; and Mountfort, unable to keep the field against + his rival, remained in the city of Nantz, where he was besieged. The city + was taken by the treachery of the inhabitants; Mountfort fell into the + hands of his enemies, was conducted as a prisoner to Paris, and was shut + up in the tower of the Louvre.[***] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap, 69. + + ** Froissard, liv. i. chap. 70, 71. + + *** Froissard, liv. i. chap 73. +</pre> + <p class="side"> + 1342. + </p> + <p> + This event seemed to put an end to the pretensions of the count of + Mountfort; but his affairs were immediately retrieved by an unexpected + incident, which inspired new life and vigor into his party. Jane of + Flanders, countess of Mountfort, the most extraordinary woman of the age, + was roused, by the captivity of her husband, from those domestic cares to + which she had hitherto limited her genius; and she courageously undertook + to support the falling fortunes of her family No sooner did she receive + the fatal intelligence, than she assembled the inhabitants of Rennes, + where she then resided; and carrying her infant son in her arms, deplored + to them the calamity of their sovereign. She recommended to their care the + illustrious orphan, the sole male remaining of their ancient princes, who + had governed them with such indulgence and lenity, and to whom they had + ever professed the most zealous attachment. She declared herself willing + to run all hazards with them in so just a cause; discovered the resources + which still remained in the alliance of England; and entreated them to + make one effort against a usurper, who, being imposed on them by the arms + of France, would in return make a sacrifice to his protector of the + ancient liberties of Brittany. The audience, moved by the affecting + appearance, and inspirited by the noble conduct of the princess, vowed to + live and die with her in defending the rights of her family: all the other + fortresses of Brittany embraced the same resolution: the countess went + from place to place encouraging the garrisons, providing them with every + thing necessary for subsistence, and concerting the proper plans of + defence; and after she had put the whole province in a good posture, she + shut herself up in Hennebonne, where she waited with impatience the + arrival of those succors which Edward had promised her. Meanwhile she sent + over her son to England, that she might both put him in a place of safety, + and engage the king more strongly, by such a pledge, to embrace with zeal + the interests of her family. + </p> + <p> + Charles of Blois, anxious to make himself master of so important a + fortress as Hennebonne, and still more to take the countess prisoner, from + whose vigor and capacity all the difficulties to his succession in + Brittany now proceeded, sat down before the place with a great army, + composed of French, Spaniards, Genoese, and some Bretons; and he conducted + the attack with indefatigable industry.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 81. +</pre> + <p> + The defence was no less vigorous: the besiegers were repulsed in every + assault: frequent sallies were made with success by the garrison; and the + countess herself being the most forward in all military operations, every + one was ashamed not to exert himself to the utmost in this desperate + situation. One day, she perceived that the besiegers, entirely occupied in + an attack, had neglected a distant quarter of their camp; and she + immediately sallied forth at the head of a body of two hundred cavalry, + threw them into confusion, did great execution upon them, and set fire to + their tents, baggage, and magazines; but when she was preparing to return, + she found that she was intercepted, and that a considerable body of the + enemy had thrown themselves between her and the gates. She instantly took + her resolution; she ordered her men to disband, and to make the best of + their way by flight to Brest; she met them at the appointed place of + rendezvous, collected another body of five hundred horse, returned to + Hennebonne, broke unexpectedly through the enemy’s camp, and was received + with shouts and acclamations by the garrison, who, encouraged by this + reënforcement, and by so rare an example of female valor, determined to + defend themselves to the last extremity. + </p> + <p> + The reiterated attacks, however, of the besiegers had at length made + several breaches in the walls; and it was apprehended that a general + assault, which was every hour expected would overpower the garrison, + diminished in numbers, and extremely weakened with watching and fatigue. + It became necessary to treat of a capitulation; and the bishop of Leon was + already engaged, for that purpose, in a conference with Charles of Blois, + when the countess, who had mounted to a high tower, and was looking + towards the sea with great impatience, descried some sails at a distance. + She immediately exclaimed, “Behold the succors! the English succors! No + capitulation!”[*] This fleet had on board a body of heavy-armed cavalry, + and six thousand archers, whom Edward had prepared for the relief of + Hennebonne, but who had been long detained by contrary winds. They entered + the harbor under the command of Sir Walter Manny, one of the bravest + captains of England: and having inspired fresh courage into the garrison, + immediately sallied forth, beat the besiegers from all their posts, and + obliged them to decamp. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 81. +</pre> + <p> + But notwithstanding this success, the countess of Mountfort found that her + party, overpowered by numbers, was declining in every quarter; and she + went over to solicit more effectual succors from the king of England. + Edward granted her a considerable reënforcement under Robert of Artois, + who embarked on board a fleet of forty-five ships, and sailed to Brittany. + He was met in his passage by the enemy; an action ensued, where the + countess behaved with her wonted valor, and charged the enemy sword in + hand; but the hostile fleets, after a sharp action, were separated by a + storm, and the English arrived safely in Brittany. The first exploit of + Robert was the taking of Vannes, which he mastered by conduct and + address;[*] but he survived a very little time this prosperity. The Breton + noblemen of the party of Charles assembled secretly in arms, attacked + Vannes of a sudden, and carried the place; chiefly by reason of a wound + received by Robert, of which he soon after died at sea, on his return to + England.[**] + </p> + <p> + After the death of this unfortunate prince, the chief author of all the + calamities with which his country was overwhelmed for more than a century, + Edward undertook in person the defence of the countess of Mountfort; and + as the last truce with France was now expired, the war, which the English + and French had hitherto carried on as allies to the competitors for + Brittany, was thenceforth conducted in the name and under the standard of + the two monarchs. The king landed at Morbian, near Vannes, with an army of + twelve thousand men; and being master of the field, he endeavored to give + a lustre to his arms, by commencing at once three important sieges, that + of Vannes, of Rennes, and of Nantz. But by undertaking too much, he failed + of success in all his enterprises. Even the siege of Vannes, which Edward + in person conducted with vigor, advanced but slowly;[***] and the French + had all the leisure requisite for making preparations against him. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 93 + + ** Froissard, liv. i. chap. 94 + + *** Froissard, liv. i. chap. 95. +</pre> + <p> + The duke of Normandy, eldest son of Philip, appeared in Brittany at the + head of an army of thirty thousand infantry and four thousand cavalry; and + Edward was now obliged to draw together all his forces, and to intrench + himself strongly before Vannes, where the duke of Normandy soon after + arrived, and in a manner invested the besiegers. The garrison and the + French camp were plentifully supplied with provisions; while the English, + who durst not make any attempt upon the place in the presence of a + superior army, drew all their subsistence from England, exposed to the + hazards of the sea, and sometimes to those which arose from the fleet of + the enemy. + </p> + <p class="side"> + 1243. + </p> + <p> + In this dangerous situation, Edward willingly hearkened to the mediation + of the pope’s legates, the cardinals of Palestrine and Frescati, who + endeavored to negotiate, if not a peace, at east a truce, between the two + kingdoms. A treaty was concluded for a cessation of arms during three + years;[*] and Edward had the abilities, notwithstanding his present + dangerous situation, to procure to himself very equal and honorable terms, + It was agreed that Vannes should be sequestered, during the truce, in the + hands of the legates, to be disposed of afterwards as they pleased; and + though Edward knew the partiality of the court of Rome towards his + antagonists, he saved himself by this device from the dishonor of having + undertaken a fruitless enterprise. It was also stipulated, that all + prisoners should be released, that the places in Brittany should remain in + the hands of the present possessors, and that the allies on both sides + should be comprehended in the truce.[**] Edward, soon after concluding + this treaty, embarked with his army for England. + </p> + <p> + The truce, though calculated for a long time, was of very short duration; + and each monarch endeavored to throw on the other the blame of its + infraction. Of course the historians of the two countries differ in their + account of the matter. It seems probable, however, as is affirmed by the + French writers, that Edward, in consenting to the truce, had no other view + than to extricate himself from a perilous situation into which he had + fallen, and was afterwards very careless in observing it. In all the + memorials which remain on this subject, he complains chiefly of the + punishment inflicted on Oliver de Clisson, John de Montauban, and other + Breton noblemen, who, he says, were partisans of the family of Mountfort, + and consequently under the protection of England.[***] But it appears + that, at the conclusion of the truce, those noblemen had openly, by their + declarations and actions, embraced the cause of Charles of Blois;[****] + and if they had entered into any secret correspondence and engagements + with Edward, they were traitors to their party, and were justly punishable + by Philip and Charles for their breach of faith; nor had Edward any ground + of complaint against France for such severities. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 99. Avesbury, p. 102. + + ** Heming. p. 359. + + *** Rymer. vol. v. p. 453, 454, 459, 466, 496. Heming. 376. + + **** Froissard, liv. i. chap. 96, p. 100. +</pre> + <p class="side"> + 1344. + </p> + <p> + But when he laid these pretended injuries before the parliament, whom he + affected to consult on all occasions, that assembly entered into the + quarrel, advised the king not to be amused by a fraudulent truce, and + granted him supplies for the renewal of the war: the counties were charged + with a fifteenth for two years, and the boroughs with a tenth. The clergy + consented to give a tenth for three years. + </p> + <p> + These supplies enabled the king to complete his military preparations; and + he sent his cousin, Henry, earl of Derby, son of the earl of Lancaster, + into Guienne, for the defence of that province.[*] This prince, the most + accomplished in the English court, possessed to a high degree the virtues + of justice and humanity, as well as those of valor and conduct;[**] and + not content with protecting and cherishing the province committed to his + care, he made a successful invasion on the enemy. He attacked the count of + Lisle, the French general, at Bergerac, beat him from his intrenchments, + and took the place. He reduced a great part of Perigord, and continually + advanced in his conquests, till the count of Lisle, having collected an + army of ten or twelve thousand men, sat down before Auberoche, in hopes of + recovering that place, which had fallen into the hands of the English. + </p> + <p class="side"> + 1345. + </p> + <p> + The earl of Derby came upon him by surprise with only a thousand cavalry, + threw the French into disorder, pushed his advantage, and obtained a + complete victory. Lisle himself, with many considerable nobles, was taken + prisoner.[***] After this important success, Derby made a rapid progress + in subduing the French provinces. He took Monsegur, Monpesat, + Villefranche, Miremont, and Tonnins, with the fortress of Damassen. + Aiguillon, a fortress deemed impregnable, fell into his hands from the + cowardice of the governor. Angouleme was surrendered after a short siege. + The only place where he met with considerable resistance, was Reole, + which, however, was at last reduced, after a siege of above nine + weeks.[****] He made an attempt on Blaye, but thought it more prudent to + raise the siege than waste his time before a place of small + importance.[*****] + </p> +<pre xml:space="preserve"> + * Froissart, liv. i. chap. 103. Avesbury, p. 121. + + ** It is reported of this prince, that having once, before + the attack of a town, promised the soldiers the plunder, one + private man happened to fall upon a great chest full of + money, which he immediately brought to the earl as thinking + it too great for himself to keep possession of it. But Derby + told him, that his promise did not depend on the greatness + or smallness of the sum; and ordered him to keep it all for + his own use. + + *** Froissard, liv. i. chap. 104. + + **** Froissard, liv. i. chap. 110. + +</pre> + <p class="side"> + 1346. + </p> + <p> + The reason why Derby was permitted to make, without opposition, such + progress on the side of Guienne, was the difficulties under which the + French finances then labored, and which had obliged Philip to lay on new + impositions, particularly the duty on salt, to the great discontent, and + almost mutiny, of his subjects. But after the court of France was supplied + with money, great preparations were made: and the duke of Normandy, + attended by the duke of Burgundy and other great nobility, led towards + Guienne a powerful army, which the English could not think of resisting in + the open field. The earl of Derby stood on the defensive, and allowed the + French to carry on at leisure the siege of Angouleme, which was their + first enterprise. John Lord Norwich, the governor, after a brave and + vigorous defence, found himself reduced to such extremities as obliged him + to employ a stratagem, in order to save his garrison, and to prevent his + being reduced to surrender at discretion. He appeared on the walls, and + desired a parley with the duke of Normandy. The prince there told Norwich, + that he supposed he intended to capitulate. “Not at all,” replied the + governor: “but as to-morrow is the feast of the Virgin, to whom I know + that you, sir, as well as myself, bear a great devotion, I desire a + cessation of arms for that day.” The proposal was agreed to; and Norwich, + having ordered his forces to prepare all their baggage, marched out next + day, and advanced towards the French camp. The besiegers, imagining they + were to be attacked, ran to their arms; but Norwich sent a messenger to + the duke, reminding him of his engagement. The duke, who piqued himself on + faithfully keeping his word exclaimed, “I see the governor has outwitted + me: but let us be content with gaining the place.” And the English were + allowed to pass through the camp unmolested.[*] After some other + successes, the duke of Normandy laid siege to Aiguillon; and as the + natural strength of the fortress, together with a brave garrison under the + command of the earl of Pembroke and Sir Walter Manny, rendered it + impossible to take the place by assault, he purposed, after making several + fruitless attacks,[**] to reduce it by famine: but before he could finish + this enterprise, he was called to another quarter of the kingdom by one of + the greatest disasters that ever befell the French monarchy.[***] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 120. + + ** Froissard, liv. i. chap. 121. + + *** Froissard, liv. i. chap. 134. +</pre> + <p> + Edward, informed by the earl of Derby of the great danger to which Guienne + was exposed, had prepared a force with which he intended in person to + bring it relief. He embarked at Southampton on board a fleet of near a + thousand sail of all dimensions; and carried with him, besides all the + chief nobility of England, his eldest son, the prince of Wales, now + fifteen years of age. The winds proved long contrary;[*] and the king, in + despair of arriving in time at Guienne, was at last persuaded, by Geoffrey + d’Harcourt, to change the destination of his enterprise. This nobleman was + a Norman by birth, had long made a considerable figure in the court of + France, and was generally esteemed for his personal merit and his valor; + but being disobliged and persecuted by Philip, he had fled into England; + had recommended himself to Edward, who was an excellent judge of men; and + had succeeded to Robert of Artois in the invidious office of exciting and + assisting the king in every enterprise against his native country. He had + long insisted, that an expedition to Normandy promised, in the present + circumstances, more favorable success than one to Guienne; that Edward + would find the northern provinces almost destitute of military force, + which had been drawn to the south; that they were full of flourishing + cities, whose plunder would enrich the English; that their cultivated + fields, as yet unspoiled by war, would supply them with plenty of + provisions; and that the neighborhood of the capital rendered every event + of importance in those quarters.[**] These reasons, which had not before + been duly weighed by Edward, began to make more impression after the + disappointments which he had met with in his voyage to Guienne: he ordered + his fleet to sail to Normandy, and safely disembarked his army at La + Hogue. + </p> +<pre xml:space="preserve"> + * Avesbury, p. 123. + + ** Froissard, liv. i. chap. 121. +</pre> + <p> + This army, which, during the course of the ensuing campaign, was crowned + with the most splendid success, consisted of four thousand men at arms, + ten thousand archers, ten thousand Welsh infantry, and six thousand Irish. + The Welsh and the Irish were light, disorderly troops, fitter for doing + execution in a pursuit, or scouring the country, than for any stable + action. The bow was always esteemed a frivolous weapon, where true + military discipline was known, and regular bodies of well-armed foot + maintained. The only solid force in this army were the men at arms; and + even these, being cavalry, were on that account much inferior in the shock + of battle to good infantry: and as the whole were new-levied troops, we + are led to entertain a very mean idea of the military force of those ages, + which, being ignorant of every other art, had not properly cultivated the + art of war itself, the sole object of general attention. + </p> + <p> + The king created the earl of Arundel constable of his army and the earls + of Warwick and Harcourt mareschals: he bestowed the honor of knighthood on + the prince of Wales and several of the young nobility, immediately upon + his landing. After destroying all the ships in La Hogue, Barfleur, and + Cherbourg, he spread his army over the whole country, and gave them an + unbounded license of burning, spoiling, and plundering every place of + which they became masters. The loose discipline then prevalent could not + be much hurt by these disorderly practices; and Edward took care to + prevent any surprise, by giving orders to his troops, however they might + disperse themselves in the day-time, always to quarter themselves at night + near the main body. In this manner, Montebourg, Carentan, St. Lo, + Valognes, and other places in the Cotentin, were pillaged without + resistance; and a universal consternation was spread over the province.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 122. +</pre> + <p> + The intelligence of this unexpected invasion soon reached Paris, and threw + Philip into great perplexity. He issued orders, however, for levying + forces in all quarters, and despatched the count of Eu, constable of + France, and the count of Tancarville, with a body of troops, to the + defence of Caen, a populous and commercial but open city, which lay in the + neighborhood of the English army. The temptation of so rich a prize soon + allured Edward to approach it; and the inhabitants, encouraged by their + numbers, and by the reënforcements which they daily received from the + country, ventured to meet him in the field. But their courage failed them + on the first shock: they fled with precipitation: the counts of Eu and + Tancarville were taken prisoners: the victors entered the city along with + the vanquished, and a furious massacre commenced, without distinction of + age, sex, or condition. The citizens, in despair, barricaded their and + assaulted the English with stones, bricks, and every missile weapon: the + English made way by fire to the destruction of the citizens; till Edward, + anxious to save both his spoil and his soldiers, stopped the massacre; and + having obliged the inhabitants to lay down their arms, gave his troops + license to begin a more regular and less hazardous plunder of the city. + The pillage continued for three days: the king reserved for his own share + the jewels, plate, silks, fine cloth, and fine linen; and he bestowed all + the remainder of the spoil on his army. The whole was embarked on board + the ships, and sent over to England, together with three hundred of the + richest citizens of Caen, whose ransom was an additional profit, which he + expected afterwards to levy.[*] This dismal scene passed in the presence + of two cardinal legates, who had come to negotiate a peace between the + kingdoms. + </p> + <p> + The king moved next to Rouen, in hopes of treating that city in the same + manner; but found that the bridge over the Seine was already broken down, + and that the king of France himself was arrived there with his army. He + marched along the banks of that river towards Paris, destroying the whole + country, and every town and village which he met with on his road.[**] + Some of his light troops carried their ravages even to the gates of Paris; + and the royal palace of St. Germains, together with Nanterre, Ruelle, and + other villages, was reduced to ashes within sight of the capital. + </p> +<pre xml:space="preserve"> + * Froissord, liv. i. chap. 124. + + ** Froissard, liv. i. chap. 125. +</pre> + <p> + The English intended to pass the river at Poissy, but found the French + army encamped on the opposite banks, and the bridge at that place, as well + as all others over the Seine, broken down by orders from Philip. Edward + now saw that the French meant to enclose him in their country, in hopes of + attacking him with advantage on all sides: but he saved himself by a + stratagem from this perilous situation. He gave his army orders to + dislodge, and to advance farther up the Seine; but immediately returning + by the same road, he arrived at Poissy, which the enemy had already + quitted, in order to attend his motions. He repaired the bridge with + incredible celerity, passed over his army, and having thus disengaged + himself from the enemy, advanced by quick marches towards Flanders. His + vanguard, commanded by Harcourt, met with the townsmen of Amiens, who were + hastening to reënforce their king, and defeated them with great + slaughter;[*] he passed by Beauvais, and burned the suburbs of that city: + but as he approached the Somme, he found himself in the same difficulty as + before; all the bridges on that river were either broken down or strongly + guarded: an army, under the command of Godemar de Faye, was stationed on + the opposite banks: Philip was advancing on him from the other quarter, + with an army of a hundred thousand men; and he was thus exposed to the + danger of being enclosed, and of starving in an enemy’s country. In this + extremity, he published a reward to any one that should bring him + intelligence of a passage over the Somme. A peasant, called Gobin Agace, + whose name has been preserved by the share which he had in these important + transactions, was tempted on this occasion to betray the interests of his + country; and he informed Edward of a ford below Abbeville, which had a + sound bottom, and might be passed without difficulty at low water.[**] The + king hastened thither, but found Godemar de Faye on the opposite banks. + Being urged by necessity, he deliberated not a moment; but threw himself + into the river, sword in hand, at the head of his troops; drove the enemy + from their station; and pursued them to a distance on the plain.[***] The + French army under Philip arrived at the ford, when the rearguard of the + English were passing: so narrow was the escape which Edward, by his + prudence and celerity, made from this danger! The rising of the tide + prevented the French king from following him over the ford, and obliged + that prince to take his route over the bridge at Abbeville; by which some + time was lost. + </p> +<pre xml:space="preserve"> + * Froissard, liv, i. chap. 125. + + ** Froissard, liv. i. chap. 126,127 + + *** Froissard, liv. i. chap. 127. +</pre> + <p> + It is natural to think that Philip, at the head of so vast an army, was + impatient to take revenge on the English, and to prevent the disgrace to + which he must be exposed if an inferior enemy should be allowed, after + ravaging so great a part of his kingdom, to escape with impunity. Edward + also was sensible that such must be the object of the French monarch; and + as he had advanced but a little way before his enemy, he saw the danger of + precipitating his march over the plains of Picardy, and of exposing his + rear to the insults of the numerous cavalry in which the French camp + abounded. He took, therefore, a prudent resolution: he chose his ground + with advantage near the village of Crecy; he disposed his army in + excellent older; he determined to await in tranquillity the arrival of the + enemy; and he hoped that their eagerness to engage, and to prevent his + retreat, after all their past disappointments would hurry them on to some + rash and ill-concerted action. He drew up his army on a gentle ascent, and + divided them into three lines: the first was commanded by the prince of + Wales, and under him by the earls of Warwick and Oxford, by Harcourt, and + by the lords Chandos, Holland, and other noblemen: the earls of Arundel + and Northampton, with the lords Willoughby, Basset, Roos, and Sir Lewis + Tufton, were at the head of the second line: he took to himself the + command of the third division, by which he purposed either to bring succor + to the two first lines, or to secure a retreat in case of any misfortune, + or to push his advantages against the enemy. He had likewise the + precaution to throw up trenches on his flanks, in order to secure himself + from the numerous bodies of the French who might assail him from that + quarter; and he placed all his baggage behind him in a wood, which he also + secured by an intrenchment.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 128. +</pre> + <p> + The skill and order of this disposition, with the tranquillity in which it + was made, served extremely to compose the minds of the soldiers; and the + king, that he might further inspirit them, rode through the ranks with + such an air of cheerfulness and alacrity, as conveyed the highest + confidence into every beholder. He pointed out to them the necessity to + which they were reduced, and the certain and inevitable destruction which + awaited them, if, in their present situation, enclosed on all hands in an + enemy’s country, they trusted to any thing but their own valor, or gave + that enemy an opportunity of taking revenge for the many insults and + indignities which they had of late put upon him. He reminded them of the + visible ascendant which they had hitherto maintained over all the bodies + of French troops that had fallen in their way; and assured them, that the + superior numbers of the army which at present hovered over them, gave them + not greater force, but was an advantage easily compensated by the order in + which he had placed his own army, and the resolution which he expected + from them. He demanded nothing, he said, but that they would imitate his + own example, and that of the prince of Wales: and as the honor, the lives, + the liberties of all, were now exposed to the same danger, he was + confident that they would make one common effort to extricate themselves + from the present difficulties, and that their united courage would give + them the victory over all their enemies. + </p> + <p> + It is related by some historians,[*] that Edward, besides the resources + which he found in his own genius and presence of mind, employed also a new + invention against the enemy, and placed in his front some pieces of + artillery, the first that had yet been made use of on any remarkable + occasion in Europe. This is the epoch of one of the most singular + discoveries that has been made among men; a discovery which changed by + degrees the whole art of war, and by consequence many circumstances in the + political government of Europe. But the ignorance of that age in the + mechanical arts, rendered the progress of this new invention very slow. + The artillery first framed were so clumsy, and of such difficult + management, that men were not immediately sensible of their use and + efficacy and even to the present times improvements have been continually + making on this furious engine, which, though it seemed contrived for the + destruction of mankind, and the overthrow of empires, has in the issue + rendered battles less bloody, and has given greater stability to civil + societies. Nations, by its means, have been brought more to a level: + conquests have become less frequent and rapid: success in war has been + reduced nearly to be a matter of calculation: and any nation, overmatched + by its enemies, either yields to their demands or secures itself by + alliances against their violence and invasion. + </p> + <p> + The invention of artillery was at this time known in France as well as in + England;[**] but Philip, in his hurry to overtake the enemy, had probably + left his cannon behind him, which he regarded as a useless encumbrance. + All his other movements discovered the same imprudence and precipitation. + Impelled by anger, a dangerous counsellor, and trusting to the great + superiority of his numbers, he thought that all depended on forcing an + engagement with the English; and that if he could once reach the enemy in + their retreat, the victory on his side was certain and inevitable. He made + a hasty march, in some confusion, from Abbeville; but after he had + advanced above two leagues, some gentlemen, whom he had sent before to + take a view of the enemy, returned to him, and brought him intelligence + that they had seen the English drawn up in Bombarda great order, and + awaiting his arrival. + </p> +<pre xml:space="preserve"> + * Jean Villani, lib. xii. cap. 66. + + ** Du Cange, Glass, in verb. +</pre> + <p> + They therefore devised him to defer the combat till the ensuing day, when + his army would have recovered from their fatigue, and might be disposed + into better order than their present hurry had permitted them to observe. + Philip assented to this counsel; but the former precipitation of his + march, and the impatience of the French nobility, made it impracticable + for him to put it in execution. One division pressed upon another: orders + to stop were not seasonably conveyed to all of them: this immense body was + not governed by sufficient discipline to be manageable; and the French + army, imperfectly formed into three lines, arrived, already fatigued and + disordered, in presence of the enemy. The first line, consisting of + fifteen thousand Genoese cross-bow men, was commanded by Anthony Doria and + Charles Grimaldi: the second was led by the count of Alençon, brother to + the king: the king himself was at the head of the third. Besides the + French monarch, there were no less than three crowned heads in this + engagement; the king of Bohemia, the king of the Romans, his son, and the + king of Majorca; with all the nobility and great vassals of the crown of + France. The army now consisted of above one hundred and twenty thousand + men, more than three times the number of the enemy. But the prudence of + one man was superior to the advantage of all this force and splendor. + </p> + <p> + The English, on the approach of the enemy, kept their ranks firm and + immovable; and the Genoese first began the attack. There had happened, a + little before the engagement, a thunder shower, which had moistened and + relaxed the strings of the Genoese cross-bows; their arrows for this + reason fell short of the enemy. The English archers, taking their bows out + of their cases, poured in a shower of arrows upon this multitude who were + opposed to them, and soon threw them into disorder. The Genoese fell back + upon the heavy-armed cavalry of the count of Alençon;[*] who, enraged at + their cowardice, ordered his troops to put them to the sword. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 130. +</pre> + <p> + The artillery fired amidst the crowd; the English archers continued to + send in their arrows among them; and nothing was to be seen in that vast + body but hurry and confusion, terror and dismay. The young prince of Wales + had the presence of mind to take advantage of this situation, and to lead + on his line to the charge. The French cavalry, however, recovering + somewhat their order, and encouraged by the example of their leader, made + a stout resistance; and having at last cleared themselves of the Genoese + runaways, advanced upon their enemies, and by their superior numbers began + to hem them round. The earls of Arundel and Northampton now advanced their + line to sustain the prince, who, ardent in his first feats of arms, set an + example of valor which was imitated by all his followers. The battle + became for some time hot and dangerous, and the earl of Warwick, + apprehensive of the event, from the superior numbers of the French, + despatched a messenger to the king, and entreated him to send succors to + the relief of the prince. Edward had chosen his station on the top of the + hill; and he surveyed in tranquillity the scene of action. When the + messenger accosted him, his first question was, whether the prince were + slain or wounded. On receiving an answer in the negative, “Return,” said + he, “to my son, and tell him that I reserve the honor of the day to him: I + am confident that he will show himself worthy of the honor of knighthood + which I so lately conferred upon him: he will be able, without my + assistance, to repel the enemy.”[*] This speech, being reported to the + prince and his attendants, inspired them with fresh courage: they made an + attack with redoubled vigor on the French, in which the count of Alençon + was slain: that whole line of cavalry was thrown into disorder: the riders + were killed or dismounted: the Welsh infantry rushed into the throng, and + with their long knives cut the throats of all who had fallen; nor was any + quarter given that day by the victors.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 130. + + ** Froissard, liv. i. chap. 130. +</pre> + <p> + The king of France advanced in vain with the rear to sustain the line + commanded by his brother: he found them already discomfited; and the + example of their rout increased the confusion which was before but too + prevalent in his own body. He had himself a horse killed under him: he was + remounted; and, though left almost alone, he seemed still determined to + maintain the combat; when John of Hainault seized the reins of his bridle, + turned about his horse, and carried him off the field of battle. The whole + French army took to flight, and was followed and put to the sword without + mercy by the enemy, till the darkness of the night put an end to the + pursuit. The king, on his return to the camp, flew into the arms of the + prince of Wales, and exclaimed, “My brave son persevere in your honorable + course: you are my son! for valiantly have you acquitted yourself to-day: + you have shown yourself worthy of empire.”[*] + </p> + <p> + This battle, which is known by the name of the battle of Crecy, began + after three o’clock in the afternoon, and continued till evening. The next + morning was foggy; and as the English observed that many of the enemy had + lost their way in the night and in the mist, they employed a stratagem to + bring them into their power: they erected on the eminences some French + standards which they had taken in the battle, and all who were allured by + this false signal were put to the sword, and no quarter given them. In + excuse for this inhumanity, it was alleged that the French king had given + like orders to his troops; but the real reason probably was, that the + English, in their present situation, did not choose to be encumbered with + prisoners. On the day of battle, and on the ensuing, there fell, by a + moderate computation, one thousand two hundred French knights, one + thousand four hundred gentlemen, four thousand men at arms, besides about + thirty thousand of inferior rank:[**] many of the principal nobility of + France, the dukes of Lorraine and Bourbon, the earls of Flanders, Blois, + Vaudemont, Aumale, were left on the field of battle. The kings also of + Bohemia and Majorca were slain: the fate of the former was remarkable: he + was blind from age; but being resolved to hazard his person, and set an + example to others, he ordered the reins of his bridle to be tied on each + side to the horses of two gentlemen of his train; and his dead body, and + those of his attendants, were afterwards found among the slain, with their + horses standing by them in that situation.[***] His crest was three + ostrich feathers; and his motto these German words, Ich dien,—“I + serve;” which the prince of Wales and his successors adopted in memorial + of this great victory. The action may seem no less remarkable for the + small loss sustained by the English, than for the great slaughter of the + French: there were killed in it only one esquire and three knights,[****] + and very few of inferior rank; a demonstration that the prudent + disposition planned by Edward, and the disorderly attack made by the + French, had rendered the whole rather a rout than a battle, which was + indeed the common case with engagements in those times. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 131. + + ** Froissard, liv. i. chap. 131. Knyghton, p. 2588. + + *** Froissard, liv. i. chap. 130. Walsing. p. 166. + + **** Knyghton, p. 2588. +</pre> + <p> + The great prudence of Edward appeared not only in obtaining this memorable + victory, but in the measures which he pursued after it. Not elated by his + present prosperity so far as to expect the total conquest of France, or + even that of any considerable provinces, he purposed only to secure such + an easy entrance into that kingdom, as might afterwards open the way to + more moderate advantages. He knew the extreme distance of Guienne: he had + experienced the difficulty and uncertainty of penetrating on the side of + the Low Countries, and had already lost much of his authority over + Flanders by the death of D’Arteville, who had been murdered by the + populace themselves, his former partisans, on his attempting to transfer + the sovereignty of that province to the prince of Wales.[*] The king, + therefore, limited his ambition to the conquest of Calais; and after the + interval of a few days, which he employed in interring the slain, he + marched with his victorious army, and presented himself before the place. + </p> + <p> + John of Vienne, a valiant knight of Burgundy, was governor of Calais, and + being supplied with every thing necessary for defence, he encouraged the + townsmen to perform to the utmost their duty to their king and country. + Edward, therefore, sensible from the beginning that it was in vain to + attempt the place by force, purposed only to reduce it by famine; he chose + a secure station for his camp; drew intrenchments around the whole city; + raised huts for his soldiers, which he covered with straw or broom; and + provided his army with all the conveniences necessary to make them endure + the winter season, which was approaching. As the governor soon perceived + his intentions, he expelled all the useless mouths; and the king had the + generosity to allow these unhappy people to pass through his camp, and he + even supplied them with money for their journey.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 116. + + ** Froissard, liv. i. chap. 133. +</pre> + <p> + While Edward was engaged in this siege, which employed him near a + twelvemonth, there passed in different places many other events: and all + to the honor of the English arms. + </p> + <p> + The retreat of the duke of Normandy from Guienne left the earl of Derby + master of the field; and he was not negligent in making his advantage of + the superiority. He took Mirebeau by assault: he made himself master of + Lusignan in the same manner: Taillebourg and St. Jean d’Angeli fell into + his hands: Poictiers opened its gates to him; and Derby, having thus + broken into the frontiers on that quarter, carried his incursions to the + banks of the Loire, and filled all the southern provinces of France with + horror and devastation.[*] + </p> + <p> + The flames of war were at the same time kindled in Brittany. Charles of + Blois invaded that province with a considerable army, and invested the + fortress of Roche de Rien; but the countess of Mountfort, reënforced by + some English troops under Sir Thomas Dagworth, attacked him during the + night in his intrenchments, dispersed his army, and took Charles himself + prisoner.[**] His wife, by whom he enjoyed his pretensions to Brittany, + compelled by the present necessity, took on her the government of the + party, and proved herself a rival in every shape, and an antagonist to the + countess of Mountfort, both in the field and in the cabinet. And while + these heroic dames presented this extraordinary scene to the world, + another princess in England, of still higher rank, showed herself no less + capable of exerting every manly virtue. + </p> + <p> + The Scottish nation, after long defending, with incredible perseverance, + their liberties against the superior force of the English, recalled their + king, David Bruce, in 1342. Though that prince, neither by his age nor + capacity, could bring them great assistance, he gave them the countenance + of sovereign authority; and as Edward’s wars on the continent proved a + great diversion to the force of England, they rendered the balance more + equal between the kingdoms. In every truce which Edward concluded with + Philip, the king of Scotland was comprehended; and when Edward made his + last invasion upon France, David was strongly solicited by his ally to + begin also hostilities, and to invade the northern counties of England. + The nobility of his nation being always forward in such incursions, David + soon mustered a great army, entered Northumberland at the head of above + fifty thousand men, and carried his ravages and devastations to the gates + of Durham.[***] But Queen Philippa, assembling a body of little more than + twelve thousand men,[****] which she intrusted to the command of Lord + Piercy, ventured to approach him at Neville’s Cross near that city; and + riding through the ranks of her army, exhorted every man to do his duty, + and to take revenge on these barbarous ravagers.[*****] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 136. + + ** Froissard, liv. i. chap. 143. Walsing, p. 168. Ypod. + Neust p. 517, 518. + + *** Froissard, liv. i. chap. 137. + + **** Froissard, liv. i. chap. 138. + +</pre> + <p> + Nor could she be persuaded to leave the field, till the armies were on the + point of engaging. The Scots have often been unfortunate in the great + pitched battles which they fought with the English; even though they + commonly declined such engagements where the superiority of numbers was + not on their side: but never did they receive a more fatal blow than the + present. They were broken and chased off the field: fifteen thousand of + them (some historians say twenty thousand) were slain; among whom were + Edward Keith, earl mareschal, and Sir Thomas Charteris, chancellor: and + the king himself was taken prisoner, with the earls of Sutherland, Fife, + Monteith, Carrick, Lord Douglas, and many other noblemen.[*] + </p> + <p> + Philippa, having secured her royal prisoner in the Tower,[**] crossed the + sea at Dover; and was received in the English camp before Calais with all + the triumph due to her rank, her merit, and her success. This age was the + reign of chivalry and gallantry: Edward’s court excelled in these + accomplishments as much as in policy and arms: and if any thing could + justify the obsequious devotion then professed to the fair sex, it must be + the appearance of such extraordinary women as shone forth during that + period. + </p> + <p> + <a name="linkimage-0006" id="linkimage-0006"> + <!-- IMG --></a> <a href="images/1_223_calais.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_223_calais_th.jpg" style="width:100%;" title="Surrender of Calais" alt="1_223_calais.jpg Calais " /><br /> + </div> + <p class="side"> + 1347. + </p> + <p> + The town of Calais had been defended with remarkable vigilance, constancy, + and bravery by the townsmen, during a siege of unusual length: but Philip, + informed of their distressed condition, determined at last to attempt + their relief; and he approached the English with an immense army, which + the writers of that age make amount to two hundred thousand men. But he + found Edward so surrounded with morasses, and secured by intrenchments, + that, without running on inevitable destruction, he concluded it + impossible to make an attempt on the English camp. He had no other + resource than to send his rival a vain challenge to meet him in the open + field; which being refused, he was obliged to decamp with his army, and + disperse them into their several provinces.[***] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 139. + + ** Rymer, vol. v. p. 537. + + *** Froissard, liv. i chap. 144, 145. +</pre> + <p> + John of Vienne, governor of Calais, now saw the necessity of surrendering + his fortress, which was reduced to the last extremity by famine and the + fatigue of the inhabitants. He appeared on the walls, and made a signal to + the English sentinels that he desired a parley. Sir Walter Manny was sent + to him by Edward. “Brave knight,” cried the governor “I have been + intrusted by my sovereign with the command of this town: it is almost a + year since you besieged me; and I have endeavored, as well as those under + me, to do our duty. But you are acquainted with our present condition: we + have no hopes of relief; we are perishing with hunger; I am willing + therefore to surrender, and desire, as the sole condition, to insure the + lives and liberties of these brave men, who have so long shared with me + every danger and fatigue.” [*] + </p> + <p> + Manny replied, that he was well acquainted with the intentions of the king + of England; that that prince was incensed against the townsmen of Calais + for their pertinacious resistance, and for the evils which they had made + him and his subjects suffer; that he was determined to take exemplary + vengeance on them; and would not receive the town on any condition which + should confine him in the punishment of these offenders. “Consider,” + replied Vienne, “that this is not the treatment to which brave men are + entitled: if any English knight had been in my situation, your king would + have expected the same conduct from him. The inhabitants of Calais have + done for their sovereign what merits the esteem of every prince; much more + of so gallant a prince as Edward. But I inform you, that, if we must + perish, we shall not perish unrevenged; and that we are not yet so reduced + but we can sell our lives at a high price to the victors. It is the + interest of both sides to prevent these desperate extremities; and I + expect that you yourself, brave knight, will interpose your good offices + with your prince in our behalf.” + </p> + <p> + Manny was struck with the justness of these sentiments, and represented to + the king the danger of reprisals, if he should give such treatment to the + inhabitants of Calais. Edward was at last persuaded to mitigate the rigor + of the conditions demanded: he only insisted, that six of the most + considerable citizens should be sent to him to be disposed of as he + thought proper; that they should come to his camp carrying the keys of the + city in their hands, bareheaded and barefooted, with ropes about their + necks: and on these conditions he promised to spare the lives of all the + remainder.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 146. + + ** Froissard, liv. i. chap. 146. +</pre> + <p> + When this intelligence was conveyed to Calais, it struck the inhabitants + with new consternation. To sacrifice six of their fellow-citizens to + certain destruction for signalizing their valor in a common cause, + appeared to them even more severe than that general punishment with which + they were before threatened; and they found themselves incapable of coming + to any resolution in so cruel and distressful a situation. At last, one of + the principal inhabitants, called Eustace de St. Pierre, whose name + deserves to be recorded, stepped forth, and declared himself willing to + encounter death for the safety of his friends and companions: another, + animated by his example, made a like generous offer: a third and a fourth + presented themselves to the same fate; and the whole number was soon + completed. These six heroic burgesses appeared before Edward in the guise + of malefactors, laid at his feet the keys of their city, and were ordered + to be led to execution. It is surprising that so generous a prince should + ever have entertained such a barbarous purpose against such men; and still + more that he should seriously persist in the resolution of executing + it.[*] <a href="#linknote-7" name="linknoteref-7" id="linknoteref-7">7</a> + But the entreaties of his queen saved his memory from that infamy: she + threw herself on her knees before him, and with tears in her eyes begged + the lives of these citizens. Having obtained her request, she carried them + into her tent, ordered a repast to be set before them, and, after making + them a present of money and clothes, dismissed them in safety.[**] + </p> +<pre xml:space="preserve"> + * See note G, at the end of the volume. + + ** Froissard, liv. i. chap. 146. +</pre> + <p> + The king took possession of Calais; and immediately executed an act of + rigor, more justifiable, because more necessary, than that which he had + before resolved on. He knew that notwithstanding his pretended title to + the crown of France, every Frenchman regarded him as a mortal enemy: he + therefore ordered all the inhabitants of Calais to evacuate the town, and + he peopled it anew with English; a policy which probably preserved so long + to his successors the dominion of that important fortress. He made it the + staple of wool, leather, tin, and lead; the four chief, if not the sole + commodities of the kingdom, for which there was any considerable demand in + foreign markets. All the English were obliged to bring thither these + goods: foreign merchants came to the same place in order to purchase them: + and at a period when posts were not established, and when the + communication between states was so imperfect, this institution, though it + hurt the navigation of England, was probably of advantage to the kingdom. + </p> + <p class="side"> + 1348. + </p> + <p> + Through the mediation of the pope’s legates, Edward concluded a truce with + France; but even during this cessation of arms, he had very nearly lost + Calais, the sole fruit of all his boasted victories. The king had + intrusted that place to Aimery de Pavie, an Italian, who had discovered + bravery and conduct in the wars, but was utterly destitute of every + principle of honor and fidelity. This man agreed to deliver up Calais for + the sum of twenty thousand crowns; and Geoffrey de Charni, who commanded + the French forces in those quarters, and who knew that, if he succeeded in + this service, he should not be disavowed, ventured, without consulting his + master, to conclude the bargain with him. Edward, informed of this + treachery, by means of Aimery’s secretary, summoned the governor to London + on other pretences; and having charged him with the guilt, promised him + his life, but on condition that he would turn the contrivance to the + destruction of the enemy. The Italian easily agreed to this double + treachery. A day was appointed for the admission of the French; and Edward + having prepared a force of about a thousand men, under Sir Walter Manny, + secretly departed from London, carrying with him the prince of Wales; and, + without being suspected, arrived the evening before at Calais. He made a + proper disposition for the reception of the enemy, and kept all his forces + and the garrison under arms. On the appearance of Charni, a chosen band of + French soldiers was admitted at the postern, and Aimery, receiving the + stipulated sum, promised that, with their assistance, he would immediately + open the great gate to the troops, who were waiting with impatience for + the fulfilling of his engagement. + </p> + <p class="side"> + 1349. + </p> + <p> + All the French who entered were immediately slain or taken prisoners: the + great gate opened: Edward rushed forth with cries of battle and of + victory: the French, though astonished at the event, behaved with valor: a + fierce and bloody engagement ensued. As the morning broke, the king, who + was not distinguished by his arms, and who fought as a private man under + the standard of Sir Walter Manny, remarked a French gentleman, called + Eustace de Ribaumont, who exerted himself with singular vigor and bravery; + and he was seized with a desire of trying a single combat with him. He + stepped forth from his troop and challenging Ribaumont by name, (for he + was known to him,) began a sharp and dangerous encounter. He was twice + beaten to the ground by the valor of the Frenchman: he twice recovered + himself: blows were redoubled with equal force on both sides: the victory + was long undecided; till Ribaumont, perceiving himself to be left almost + alone, called out to his antagonist, “Sir Knight, I yield myself your + prisoner;” and at the same time delivered his sword to the king. Most of + the French, being overpowered by numbers, and intercepted in their + retreat, lost either their lives or their liberty.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 140, 141, 142. +</pre> + <p> + The French officers who had fallen into the hands of the English, were + conducted into Calais; where Edward discovered to them the antagonist with + whom they had had the honor to be engaged, and treated them with great + regard and courtesy. They were admitted to sup with the prince of Wales + and the English nobility; and after supper, the king himself came into the + apartment, and went about, conversing familiarly with one or other of his + prisoners. He even addressed himself to Charni, and avoided reproaching + him, in too severe terms, with the treacherous attempt which he had made + upon Calais during the truce: but he openly bestowed the highest encomiums + on Ribaumont; called him the most valorous knight that he had ever been + acquainted with; and confessed that he himself had at no time been in so + great danger as when engaged in combat with him. He then took a string of + pearls, which he wore about his own head, and throwing it over the head of + Ribaumont, he said to him, “Sir Eustace, I bestow this present upon you as + a testimony of my esteem for your bravery; and I desire you to wear it a + year for my sake. I know you to be gay and amorous; and to take delight in + the company of ladies and damsels: let them all know from what hand you + had the present. You are no longer a prisoner; I acquit you of your + ransom; and you are at liberty to-morrow to dispose of yourself as you + think proper.” + </p> + <p> + Nothing proves more evidently the vast superiority assumed by the nobility + and gentry above all the other orders of men, during those ages, than the + extreme difference which Edward made in his treatment of these French + knights, and that of the six citizens of Calais, who had exerted more + signal bravery in a cause more justifiable and more honorable. + </p> + <p> + <a name="link2HCH0005" id="link2HCH0005"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XVI. + </h2> + <p> + <a name="link2H_4_0010" id="link2H_4_0010"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + EDWARD III. + </h2> + <p class="side"> + 1349. + </p> + <p> + THE prudent conduct and great success of Edward in his foreign wars had + excited a strong emulation and a military genius among the English + nobility; and these turbulent barons, overawed by the crown, gave now a + more useful direction to their ambition, and attached themselves to a + prince who led them to the acquisition of riches and of glory. That he + might further promote the spirit of emulation and obedience, the king + instituted the order of the garter, in imitation of some orders of a like + nature, religious as well as military, which had been established in + different parts of Europe. The number received into this order consisted + of twenty-five persons, besides the sovereign; and as it has never been + enlarged, this badge of distinction continues as honorable as at its first + institution, and is still a valuable though a cheap present, which the + prince can confer on his greatest subjects. A vulgar story prevails, but + is not supported by any ancient authority, that at a court ball, Edward’s + mistress, commonly supposed to be the countess of Salisbury, dropped her + garter; and the king, taking it up, observed some of the courtiers to + smile, as if they thought that he had not obtained this favor merely by + accident: upon which he called out, “Honi soit qui mal y pense,”—Evil + to him that evil thinks; and as every incident of gallantry among those + ancient warriors was magnified into a matter of great importance,[*] he + instituted the order of the garter in memorial of this event, and gave + these words as the motto of the order. <a href="#linknote-8" + name="linknoteref-8" id="linknoteref-8">8</a> This origin, though + frivolous, is not unsuitable to the manners of the times; and it is indeed + difficult by any other means to account either for the seemingly unmeaning + terms of the motto, or for the peculiar badge of the garter, which seems + to have no reference to any purpose either of military use or ornament. + </p> +<pre xml:space="preserve"> + * See note H, at the end of the volume. +</pre> + <p> + But a sudden damp was thrown over this festivity and triumph of the court + of England, by a destructive pestilence, which invaded that kingdom as + well as the rest of Europe; and is computed to have swept away near a + third of the inhabitants in every country which it attacked. It was + probably more fatal in great cities than in the country; and above fifty + thousand souls are said to have perished by it in London alone.[*] This + malady first discovered itself in the north of Asia, was spread over all + that country, made its progress from one end of Europe to the other, and + sensibly depopulated every state through which it passed. So grievous a + calamity, more than the pacific disposition of the princes, served to + maintain and prolong the truce between France and England. + </p> +<pre xml:space="preserve"> + * Stowe’s Survey, p. 478. There were buried fifty thousand + bodied in one churchyard, which Sir Walter Manny had bought + for the use of the poor. The same author says, that there + died above fifty thousand persons of the plague in Norwich, + which is quite incredible. +</pre> + <p class="side"> + 1350. + </p> + <p> + During this truce, Philip de Valois died, without being able to + reestablish the affairs of France, which his bad success against England + had thrown into extreme disorder. This monarch, during the first years of + his reign, had obtained the appellation of Fortunate, and acquired the + character of prudent; but he ill maintained either the one or the other; + less from his own fault, than because he was overmatched by the superior + fortune and superior genius of Edward. But the incidents in the reign of + his son John gave the French nation cause to regret even the calamitous + times of his predecessor. John was distinguished by many virtues, + particularly a scrupulous honor and fidelity: he was not deficient in + personal courage: but as he wanted that masterly prudence and foresight, + which his difficult situation required his kingdom was at the same time + disturbed by intestine commotions, and oppressed with foreign wars. + </p> + <p class="side"> + 1354. + </p> + <p> + The chief source of its calamities, was Charles, king of Navarre who + received the epithet of the Bad, or Wicked, and whose conduct fully + entitled him to that appellation. This prince was descended from males of + the blood royal of France; his mother was daughter of Lewis Hutin; he had + himself espoused a daughter of King John: but all these ties, which ought + to have connected him with the throne, gave him only greater power to + shake and overthrow it. With regard to his personal qualities, he was + courteous, affable, engaging eloquent; full of insinuation and address; + inexhaustible in his resources; active and enterprising. But these + splendid accomplishments were attended with such defects as rendered them + pernicious to his country, and even ruinous to himself: he was volatile, + inconstant, faithless, revengeful, malicious; restrained by no principle + or duty; insatiable in his pretensions: and whether successful or + unfortunate in one enterprise he immediately undertook another, in which + he was never deterred from employing the most criminal and most + dishonorable expedients. + </p> + <p> + The constable of Eu, who had been taken prisoner by Edward at Caen, + recovered his liberty, on the promise of delivering, as his ransom, the + town of Guisnes, near Calais of which he was superior lord: but as John + was offended at this stipulation, which, if fulfilled, opened still + farther that frontier to the enemy, and as he suspected the constable of + more dangerous connections with the king of England, he ordered him to be + seized, and without any legal or formal trial, put him to death, in + prison. Charles de la Cerda was appointed constable in his place; and had + a like fatal end: the king of Navarre ordered him to be assassinated; and + such was the weakness of the crown, that this prince, instead of dreading + punishment, would not even agree to ask pardon for his offence, but on + condition that he should receive an accession of territory: and he had + also John’s second son put into his hands, as a security for his person, + when he came to court, and performed this act of mock penitence and + humiliation before his sovereign.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 144. +</pre> + <p class="side"> + 1355. + </p> + <p> + The two French princes seemed entirely reconciled; but this dissimulation, + to which John submitted from necessity, and Charles from habit, did not + long continue; and the king of Navarre knew that he had reason to + apprehend the most severe vengeance for the many crimes and treasons which + he had already committed, and the still greater, which he was meditating. + To insure himself of protection, he entered into a secret correspondence + with England, by means of Henry, earl of Derby, now earl of Lancaster, who + at that time was employed in fruitless negotiations for peace at Avignon, + under the mediation of the pope. John detected this correspondence; and to + prevent the dangerous effects of it, he sent forces into Normandy, the + chief seat of the king of Navarre’s power, and attacked his castles and + fortresses. But hearing that Edward had prepared an army to support his + ally, he had the weakness to propose an accommodation with Charles, and + even to give this traitorous subject the sum of a hundred thousand crowns, + as the purchase of a feigned reconcilement, which rendered him still more + dangerous. The king of Navarre, insolent from past impunity, and desperate + from the dangers which he apprehended, continued his intrigues; and + associating himself with Geoffrey d’Harcourt, who had received his pardon + from Philip de Valois, but persevered still in his factious disposition, + he increased the number of his partisans in every part of the kingdom. He + even seduced, by his address, Charles, the king of France’s eldest son, a + youth of seventeen years of age, who was the first that bore the + appellation of “dauphin,” by the reunion of the province of Dauphiny to + the crown. But this prince, being made sensible of the danger and folly of + these connections, promised to make atonement for the offence by the + sacrifice of his associates; and in concert with his father, he invited + the king of Navarre, and other noblemen of the party, to a feast at Rouen, + where they were betrayed into the hands of John. Some of the most + obnoxious were immediately led to execution: the king of Navarre was + thrown into prison;[*] but this stroke of severity in the king, and of + treachery in the dauphin, was far from proving decisive in maintaining the + royal authority. Philip of Navarre, brother to Charles, and Geoffrey + d’Harcourt, put all the towns and castles belonging to that prince in a + posture of defence; and had immediate recourse to the protection of + England in this desperate extremity. + </p> +<pre xml:space="preserve"> + * Froissard. liv. i. chap. 146. +</pre> + <p> + The truce between the two kingdoms, which had always been ill observed on + both sides, was now expired; and Edward was entirely free to support the + French malecontents. Well pleased that the factions in France had at + length gained him some partisans in that kingdom, which his pretensions to + the crown had never been able to accomplish, he purposed to attack his + enemy both on the side of Guienne, under the command of the prince of + Wales, and on that of Calais, in his own person. + </p> + <p> + Young Edward arrived in the Garronne with his army, on board a fleet of + three hundred sail, attended by the earls of Avesbury, p. 243. Warwick, + Salisbury, Oxford, Suffolk, and other English noblemen. Being joined by + the vassals of Gascony, he took the field; and as the present disorders in + France prevented every proper plan of defence, he carried on with impunity + his ravages and devastations, according to the mode of war in that age. He + reduced all the villages and several towns in Languedoc to ashes: he + presented himself before Toulouse; passed the Garronne, and burned the + suburbs of Carcassonne; advanced even to Narbonne, laying every place + waste around him; and after an incursion of six weeks, returned with a + vast booty and many prisoners to the Guienne, where he took up his winter + quarters.[*] The constable of Bourbon, who commanded in those provinces, + received orders, though at the head of a superior army, on no account to + run the hazard of a battle. + </p> + <p> + The king of England’s incursion from Calais was of the samme nature, and + attended with the same issue. He broke into France at the head of a + numerous army; to which he gave a full license of plundering and ravaging + the open country. He advanced to St. Omer, where the king of France was + posted; and on the retreat of that prince, followed him to Hesdin.[**] + John still kept at a distance, and declined an engagement: but in order to + save his reputation, he sent Edward a challenge to fight a pitched battle + with him; a usual bravado in that age, derived from the practice of single + combat, and ridiculous in the art of war. The king, finding no sincerity + in this defiance, retired to Calais, and thence went over to England, in + order to defend that kingdom against a threatened invasion of the Scots. + </p> + <p> + The Scots, taking advantage of the king’s absence, and that of the + military power of England, had surprised Berwick; and had collected an + army with a view of committing ravages upon the northern provinces: but on + the approach of Edward, they abandoned that place, which was not tenable, + while the castle was in the hands of the English; and retiring to their + mountains, gave the enemy full liberty of burning and destroying the whole + country from Berwick to Edinburgh.[***] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 144, 146. + + ** Froissard, liv. i. chap. 144. Avesbury, p. 206. Walsing. + p. 171. + + *** Walsing. p. 171. +</pre> + <p> + Baliol attended Edward on this expedition; but finding that his constant + adherence to the English had given his countrymen an unconquerable + aversion to his title, and that he himself was declining through age and + infirmities, he finally resigned into the king’s hands his pretensions to + the crown of Scotland,[*] and received in lieu of them an annual pension + of two thousand pounds, with which he passed the remainder of his life in + privacy and retirement. + </p> + <p> + During these military operations, Edward received information of the + increasing disorders in France, arising from the imprisonment of the king + of Navarre; and he sent Lancaster at the head of a small army, to support + the partisans of that prince in Normandy. The war was conducted with + various success, but chiefly to the disadvantage of the French + malecontents; till an important event happened in the other quarter of the + kingdom, which had well nigh proved fatal to the monarchy of France, and + threw every thing into the utmost confusion. + </p> + <p class="side"> + 1356. + </p> + <p> + The prince of Wales, encouraged by the success of the preceding campaign, + took the field with an army, which no historian makes amount to above + twelve thousand men, and of which not a third were English; and with this + small body, he ventured to penetrate into the heart of France. After + ravaging the Agenois, Quercy, and the Limousin, he entered the province of + Berry; and made some attacks, though without success, on the towns of + Bourges and Issoudun. It appeared that his intentions were to march into + Normandy, and to join his forces with those of the earl of Lancaster, and + the partisans of the king of Navarre; but finding all the bridges on the + Loire broken down, and every pass carefully guarded, he was obliged to + think of making his retreat into Guienne.[**] He found this resolution the + more necessary, from the intelligence which he received of the king of + France’s motions. That monarch, provoked at the insult offered him by this + incursion, and entertaining hopes of success from the young prince’s + temerity, collected a great army of above sixty thousand men, and advanced + by hasty marches to intercept his enemy. The prince, not aware of John’s + near approach, lost some days, on his retreat, before the castle of + Remorantin;[***] and thereby gave the French an opportunity of overtaking + him. They came within sight at Maupertuis, near Poiotiers; and Edward, + sensible that his retreat was now become impracticable, prepared for + battle with all the courage of a young hero, and with all the prudence of + the oldest and most experienced commander. + </p> +<pre xml:space="preserve"> + * Rymer, vol. v. p. 863. [** My copy has 823] Ypod. Neust. + p. 521. + + ** Walsing. p. 171. + + *** Froissard, liv. i. chap. 158. Walsing. p. 171 +</pre> + <p> + But the utmost prudence and courage would have proved insufficient to save + him in this extremity, had the king of France known how to make use of his + present advantages. His great superiority in numbers enabled him to + surround the enemy; and by intercepting all provisions, which were already + become scarce in the English camp, to reduce this small army, without a + blow, to the necessity of surrendering at discretion. But such was the + impatient ardor of the French nobility, and so much had their thoughts + been bent on overtaking the English as their sole object, that this idea + never struck any of the commanders; and they immediately took measures for + the assault, as for a certain victory. While the French army was drawn up + in order of battle, they were stopped by the appearance of the cardinal of + Perigord; who, having learned the approach of the two armies to each + other, had hastened, by interposing his good offices, to prevent any + further effusion of Christian blood. By John’s permission, he carried + proposals to the prince of Wales; and found him so sensible of the bad + posture of his affairs, that an accommodation seemed not impracticable. + Edward told him, that he would agree to any terms consistent with his own + honor and that of England; and he offered to purchase a retreat, by ceding + all the conquests which he had made during this and the former campaign, + and by stipulating not to serve against France during the course of seven + years. But John, imagining that he had now got into his hands a sufficient + pledge for the restitution of Calais, required that Edward should + surrender himself prisoner with a hundred of his attendants; and offered, + on these terms, a safe retreat to the English army. The prince rejected + the proposal with disdain; and declared that, whatever fortune might + attend him, England should never be obliged to pay the price of his + ransom. This resolute answer cut off all hopes of accommodation; but as + the day was already spent in negotiating, the battle was delayed till the + next morning.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 161. +</pre> + <p> + The cardinal of Perigord, as did all the prelates of the court of Rome, + bore a great attachment to the French interest; but the most determined + enemy could not, by any expedient, have done a greater prejudice to John’s + affairs, than he did them by this delay. The prince of Wales had leisure, + daring the night, to strengthen, by new intrenchments, the post which he + had before so judiciously chosen; and he contrived an ambush of three + hundred men at arms, and as many archers, whom he put under the command of + the Captal de Buche, and ordered to make a circuit, that they might fall + on the flank or rear of the French army during the engagement. The van of + his army was commanded by the earl of Warwick, the rear by the earls of + Salisbury and Suffolk, the main body by the prince himself. The Lords + Chandos, Audeley, and many other brave and experienced commanders, were at + the head of different corps of his army. + </p> + <p> + John also arranged his forces in three divisions, nearly equal: the first + was commanded by the duke of Orleans, the king’s brother; the second by + the dauphin, attended by his two younger brothers; the third by the king + himself, who had by his side Philip, his fourth son and favorite, then + about fourteen years of age. There was no reaching the English army but + through a narrow lane, covered on each side by hedges and in order to open + this passage, the mareschals, Andrehen and Clermont, were ordered to + advance with a separate detachment of men at arms. While they marched + along the lane, a body of English archers, who lined the hedges, plied + them on each side with their arrows; and being very near them, yet placed + in perfect safety, they coolly took their aim against the enemy, and + slaughtered them with impunity. The French detachment, much discouraged by + the unequal combat, and diminished in their number, arrived at the end of + the lane, where they met on the open ground the prince of Wales himself, + at the head of a chosen body, ready for their reception. They were + discomfited and overthrown: one of the mareschals was slain; the other + taken prisoner: and the remainder of the detachment, who were still in the + lane, and exposed to the shot of the enemy, without being able to make + resistance, recoiled upon their own army, and put every thing into + disorder.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 162. +</pre> + <p> + In that critical moment the Captal de Buche unexpectedly appeared, and + attacked in flank the dauphin’s line, which fell into some confusion. + Landas, Bodenai, and St. Venant, to whom the care of that young prince and + his brothers had been committed, too anxious for their charge, or for + their own safety, carried them off the field, and set the example of + flight, which was followed by that whole division. The duke of Orleans, + seized with alike panic, and imagining all was lost, thought no longer of + fighting, but carried off his division by a retreat, which soon turned + into a flight. Lord Chandos called out to the prince, that the day was + won; and encouraged him to attack the division under King John, which, + though more numerous than the whole English army, were somewhat dismayed + with the precipitate flight of their companions. John here made the utmost + efforts to retrieve by his valor what his imprudence had betrayed; and the + only resistance made that day was by his line of battle. The prince of + Wales fell with impetuosity on some German cavalry placed in the front, + and commanded by the counts of Sallebruche, Nydo, and Nosto; a fierce + battle ensued: one side were encouraged by the near prospect of so great a + victory; the other were stimulated by the shame of quitting the field to + an enemy so much inferior: but the three German generals, together with + the duke of Athens, constable of France, falling in battle, that body of + cavalry gave way, and left the king himself exposed to the whole fury of + the enemy. The ranks were every moment thinned around him: the nobles fell + by his side one after another: his son, scarce fourteen years of age, + received a wound, while he was fighting valiantly in defence of his + father: the king himself, spent with fatigue and overwhelmed by numbers, + might easily have been slain; but every English gentleman, ambitious of + taking alive the royal prisoner, spared him in the action, exhorted him to + surrender, and offered him quarter: several, who attempted to seize him, + suffered for their temerity. He still cried out, “Where is my cousin, the + prince of Wales?” and seemed unwilling to become prisoner to any person of + inferior rank. But being told that the prince was at a distance on the + field, he threw down his gauntlet, and yielded himself to Dennis de + Morbec, a knight of Arras, who had been obliged to fly his country for + murder. His son was taken with him.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol vi. p. 72, 154. Froissard, liv. i. chap. 164. +</pre> + <p> + The prince of Wales, who had been carried away in pursuit of the flying + enemy, finding the field entirely clear, had ordered a tent to be pitched, + and was reposing himself after the toils of battle; inquiring still with + great anxiety concerning the fate of the French monarch. He despatched the + earl of Warwick to bring him intelligence; and that nobleman came happily + in time to save the life of the captive prince which was exposed to + greater danger than it had been during the heat of the action. The English + had taken him by violence from Morbec: the Gascons claimed the honor of + detaining the royal prisoner; and some brutal soldiers, rather than yield + the prize to their rivals, had threatened to put him to death.[*] Warwick + overawed both parties, and approaching the king with great demonstrations + of respect, offered to conduct him to the prince’s tent. + </p> + <p> + Here commences the real and truly admirable heroism of Edward; for + victories are vulgar things in comparison of that moderation and humanity + displayed by a young prince of twenty-seven years of age, not yet cooled + from the fury of battle, and elated by as extraordinary and as unexpected + success as had ever crowned the arms of any commander. He came forth to + meet the captive king with all the marks of regard and sympathy; + administered comfort to him amidst his misfortunes; paid him the tribute + of praise due to his valor; and ascribed his own victory merely to the + blind chance of war, or to a superior providence, which controls all the + efforts of human force and prudence.[**] The behavior of John showed him + not unworthy of this courteous treatment; his present abject fortune never + made him forget a moment that he was a king: more touched by Edward’s + generosity than by his own calamities, he confessed that, notwithstanding + his defeat and captivity, his honor was still unimpaired; and that if he + yielded the victory, it was at least gained by a prince of such consummate + valor and humanity. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 164. + + ** Poul. Cemil, p. 197. +</pre> + <p> + Edward ordered a repast to be prepared in his tent for the prisoner; and + he himself served at the royal captive’s table, as if he had been one of + his retinue: he stood at the king’s back during the meal; constantly + refused to take a place at table; and declared that, being a subject, he + was too well acquainted with the distance between his own rank and that of + royal majesty, to assume such freedom. All his father’s pretensions to the + crown of France were now buried in oblivion: John in captivity received + the honors of a king, which were refused him when seated on the throne: + his misfortunes, not his title, were respected; and the French prisoners, + conquered by this elevation of mind, more than by their late discomfiture, + burst into tears of admiration; which were only checked by the reflection, + that such genuine and unaltered heroism in an enemy must certainly in the + issue prove but the more dangerous to their native country.[*] + </p> + <p> + All the English and Gascon knights imitated the generous example set them + by their prince. The captives were every where treated with humanity, and + were soon after dismissed, on paying moderate ransoms to the persons into + whose hands they had fallen. The extent of their fortunes was considered; + and an attention was given that they should still have sufficient means + left to perform their military service in a manner suitable to their rank + and quality. Yet so numerous were the noble prisoners, that these ransoms, + added to the spoils gained in the field, were sufficient to enrich the + prince’s army; and as they had suffered very little in the action, their + joy and exultation were complete. + </p> + <p> + The prince of Wales conducted his prisoner to Bordeaux; and not being + provided with forces so numerous as might enable him to push his present + advantages, he concluded a two years’ truce with France,[**] which was + also become requisite, that he might conduct the captive king with safety + into England. He landed at Southwark, and was met by a great concourse of + people, of all ranks and stations. {1357. + </p> + <p> + The prisoner was clad in royal apparel, and mounted on a white steed, + distinguished by its size and beauty, and by the richness of its + furniture. The conqueror rode by his side in a meaner attire, and carried + by a black palfrey. In this situation, more glorious than all the insolent + parade of a Roman triumph, he passed through the streets of London, and + presented the king of France to his father, who advanced to meet him, and + received him with the same courtesy as if he had been a neighboring + potentate that had voluntarily come to pay him a friendly visit.[***] It + is impossible, in reflecting on this noble conduct, not to perceive the + advantages which resulted from the otherwise whimsical principles of + chivalry, and which gave men in those rude times some superiority even + over people of a more cultivated age and nation. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 168. + + ** Rymer, vol. vi p. 3. + + *** Froissard, liv i. chap. 173. +</pre> + <p> + The king of France, besides the generous treatment which he met with in + England, had the melancholy consolation of the wretched, to see companions + in affliction. The king of Scots had been eleven years a captive in + Edward’s hands; and the good fortune of this latter monarch had reduced at + once the two neighboring potentates, with whom he was engaged in war, to + be prisoners in his capital. + </p> + <p class="side"> + 1357. + </p> + <p> + But Edward finding that the conquest of Scotland was nowise advanced by + the captivity of its sovereign, and that the government conducted by + Robert Stuart, his nephew and heir, was still able to defend itself, + consented to restore David Bruce to his liberty, for the ransom of one + hundred thousand marks sterling; and that prince delivered the sons of all + his principal nobility, as hostages for the payment.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. vi. p. 45, 46, 52, 56. Froissard, liv. i. + chap, 154 Walsing, p. 73. +</pre> + <p class="side"> + 1358. + </p> + <p> + Meanwhile, the captivity of John, joined to the preceding disorders of the + French government, had produced in that country a dissolution, almost + total, of civil authority, and had occasioned confusions the most horrible + and destructive that had ever been experienced in any age or in any + nation. The dauphin, now about eighteen years of age, naturally assumed + the royal power during his father’s captivity; but though endowed with an + excellent capacity, even in such early years, he possessed neither + experience nor authority sufficient to defend a state, assailed at once by + foreign power and shaken by intestine faction. In order to obtain supply, + he assembled the states of the kingdom: that assembly, instead of + supporting his administration, were themselves seized with the spirit of + confusion; and laid hold of the present opportunity to demand limitations + of the prince’s power, the punishment of past malversations, and the + liberty of the king of Navarre. Marcel, provost of the merchants and first + magistrate of Paris, put himself at the head of the unruly populace; and + from the violence and temerity of his character, pushed them to commit the + most criminal outrages against the royal authority. They detained the + dauphin in a sort of captivity; they murdered in his presence Robert de + Clermont and John de Conflans, mareschals, the one of Normandy, the other + of Burgundy; they threatened all the other ministers with a like fate; and + when Charles, who was obliged to temporize and dissemble, made his escape + from their hands, they levied war against him, and openly erected the + standard of rebellion, The other cities of the kingdom, in imitation of + the capital, shook off the dauphin’s authority, took the government into + their own hands, and spread the disorder into every province. The nobles, + whose inclinations led them to adhere to the crown, and were naturally + disposed to check these tumults, had lost all their influence; and being + reproached with cowardice on account of the base desertion of their + sovereign in the battle of Poiotiers, were treated with universal contempt + by the inferior orders. The troops, who, from the deficiency of pay, were + no longer retained in discipline, threw off all regard to their officers, + sought the means of subsistence by plunder and robbery, and associating to + them all the disorderly people with whom that age abounded, formed + numerous bands, which infested all parts of the kingdom. They desolated + the open country; burned and plundered the villages; and by cutting off + all means of communication or subsistence, reduced even the inhabitants of + the walled towns to the most extreme necessity. The peasants, formerly + oppressed, and now left unprotected by their masters, became desperate + from their present misery; and rising every where in arms, carried to the + last extremity those disorders which were derived from the sedition of the + citizens and disbanded soldiers.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 182,183, 184. +</pre> + <p> + The gentry, hated for their tyranny, were every where exposed to the + violence of popular rage; and instead of meeting with the regard due to + their past dignity, became only, on that account, the object of more + wanton insult to the mutinous peasants. They were hunted like wild beasts, + and put to the sword without mercy: their castles were consumed with fire, + and levelled to the ground: their wives and daughters were first ravished, + then murdered: the savages proceeded so far as to impale some gentlemen, + and roast them alive before a slow fire: a body of nine thousand of them + broke into Meaux, where the wife of the dauphin, with above three hundred + ladies, had taken shelter: the most brutal treatment and most atrocious + cruelty were justly dreaded by this helpless company: but the Captal de + Buche, though in the service of Edward, yet moved by generosity and by the + gallantry of a true knight, flew to their rescue, and beat off the + peasants with great slaughter. In other civil wars, the opposite factions, + falling under the government of their several leaders, commonly preserve + still the vestige of some rule and order: but here the wild state of + nature seemed to be renewed: every man was thrown loose and independent of + his fellows: and the populousness of the country, derived from the + preceding police of civil society, served only to increase the horror and + confusion of the scene. + </p> + <p> + Amidst these disorders, the king of Navarre made his escape from prison, + and presented a dangerous leader to the furious malecontents.[*] But the + splendid talents of this prince qualified him only to do mischief, and to + increase the public distractions: he wanted the steadiness and prudence + requisite for making his intrigues subservient to his ambition, and + forming his numerous partisans into a regular faction. He revived his + pretensions, somewhat obsolete, to the crown of France: but while he + advanced this claim, he relied entirely on his alliance with the English, + who were concerned in interest to disappoint his pretensions; and who, + being public and inveterate enemies to the state, served only, by the + friendship which they seemingly bore him, to render his cause the more + odious. And in all his operations, he acted more like a leader of + banditti, than one who aspired to be the head of a regular government, and + who was engaged by his station to endeavor the reëstablishment of order in + the community. + </p> + <p> + The eyes, therefore, of all the French, who wished to restore peace to + their miserable and desolated country, were turned towards the dauphin; + and that young prince, though not remarkable for his military talents, + possessed so much prudence and spirit, that he daily gained the ascendant + over all his enemies. Marcel, the seditious provost of Paris, was slain, + while he was attempting to deliver the city to the king of Navarre and the + English; and the capital immediately returned to its duty.[**] The most + considerable bodies of the mutinous peasants were dispersed, and put to + the sword: some bands of military robbers underwent the same fate: and + though many grievous disorders still remained, France began gradually to + assume the face of a regular civil government, and to form some plan for + its defence and security. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 181. + + ** Froissard, liv. i. chap. 187 +</pre> + <p> + During the confusion in the dauphin’s affairs, Edward seemed to have a + favorable opportunity for pushing his conquests: but besides that his + hands were tied by the truce, and he could only assist underhand the + faction of Navarre, the state of the English finances and military power, + during those ages, rendered the kingdom incapable of making any regular or + steady effort, and obliged it to exert its force at very distant + intervals, by which all the projected ends were commonly disappointed. + Edward employed himself, during a conjuncture so inviting, chiefly in + negotiations with his prisoner; and John had the weakness to sign terms of + peace, which, had they taken effect, must have totally ruined and + dismembered his kingdom. He agreed to restore all the provinces which had + been possessed by Henry II. and his two sons, and to annex them forever to + England, without any obligation of homage or fealty on the part of the + English monarch. But the dauphin and the states of France rejected this + treaty, so dishonorable and pernicious to the kingdom;[*] and Edward on + the expiration of the truce, having now, by subsidies and frugality, + collected some treasure, prepared himself for a new invasion of France. + </p> + <p> + The great authority and renown of the king and the prince of Wales, the + splendid success of their former enterprises, and the certain prospect of + plunder from the defenceless provinces of France, soon brought together + the whole military power of England; and the same motives invited to + Edward’s standard all the hardy adventurers of the different countries of + Europe.[**] He passed over to Calais, where he assembled an army of near a + hundred thousand men; a force which the dauphin could not pretend to + withstand in the open field: that prince, therefore, prepared himself to + elude a blow, which it was impossible for him to resist. He put all the + considerable towns in a posture of defence; ordered them to be supplied + with magazines and provisions; distributed proper garrisons in all places; + secured every thing valuable in the fortified cities; and chose his own + station at Paris, with a view of allowing the enemy to vent their fury on + the open country. + </p> + <p class="side"> + 1359. + </p> + <p> + The king, aware of this plan of defence, was obliged to carry along with + him six thousand wagons, loaded with the provisions necessary for the + subsistence of his army. After ravaging the province of Picardy, he + advanced into Champagne; and having a strong desire of being crowned king + of France at Rheims, the usual place in which this ceremony is performed, + he laid siege to that city, and carried on his attacks, though without + success, for the space of seven weeks.[***] + </p> +<pre xml:space="preserve"> + * Froissard. liv. i. chap. 201. + + ** Froissard, liv. i. chap. 205. + + *** Froissard, liv. i. chap. 208. Walsing. p. 174. +</pre> + <p class="side"> + 1360. + </p> + <p> + The place was bravely defended by the inhabitants, encouraged by the + exhortations of the archbishop, John de Craon; till the advanced season + (for this expedition was entered upon in the beginning of winter) obliged + the king to raise the siege. The province of Champagne, meanwhile, was + desolated by his incursions; and he thence conducted his army, with a like + intent, into Burgundy. He took and pillaged Tonnerre, Gaillon, Avalon, and + other small places; but the duke of Burgundy, that he might preserve his + country from further ravages, consented to pay him the sum of one hundred + thousand nobles.[*] Edward then bent his march towards the Nivernois, + which saved itself by a like composition: he laid waste Brie and the + Gatinois; and after a long march, very destructive to France, and somewhat + ruinous to his own troops, he appeared before the gates of Paris, and + taking up his quarters at Bourg-la-Reine, extended his army to Longjumeau, + Montrouge, and Vaugirard. He tried to provoke the dauphin to hazard a + battle, by sending him a defiance; but could not make that prudent prince + change his plan of operations. Paris was safe from the danger of an + assault by its numerous garrison; from that of a blockade by its + well-supplied magazines: and as Edward himself could not subsist his army + in a country wasted by foreign and domestic enemies, and left also empty + by the precaution of the dauphin, he was obliged to remove his quarters; + and he spread his troops into the provinces of Maine, Beausse, and the + Chartraine, which were abandoned to the fury of their devastations.[**] + The only repose which France experienced was during the festival of + Easter, when the king stopped the course of his ravages. For superstition + can sometimes restrain the rage of men, which neither justice nor humanity + is able to control. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vi. p. 161. Walsing. p. 174. + + ** Walsing. p. 175. +</pre> + <p> + While the war was carried on in this ruinous manner, the negotiations for + peace were never interrupted: but as the king still insisted on the full + execution of the treaty which he had made with his prisoner at London, and + which was strenuously rejected by the dauphin, there appeared no + likelihood of an accommodation. The earl, now duke of Lancaster, (for + this, title was introduced into England during the present reign,) + endeavored to soften the rigor of these terms, and to finish the war on + more equal and reasonable conditions. He insisted with Edward, that, + notwithstanding his great and surprising successes, the object of the war, + if such were to be esteemed the acquisition of the crown of France, was + not become any nearer than at the commencement of it; or rather, was set + at a greater distance by those very victories and advantages which seemed + to lead to it. That his claim of succession had not from the first + procured him one partisan in the kingdom; and the continuance of these + destructive hostilities had united every Frenchman in the most implacable + animosity against him. That though intestine faction had crept into the + government of France, it was abating every moment; and no party, even + during the greatest heat of the contest, when subjection under a foreign + enemy usually appears preferable to the dominion of fellow-citizens, had + ever adopted the pretensions of the king of England. That the king of + Navarre himself, who alone was allied with the English, instead of being a + cordial friend, was Edward’s most dangerous rival, and, in the opinion of + his partisans, possessed a much preferable title to the crown of France. + That the prolongation of the war, however it might enrich the English + soldiers, was ruinous to the king himself, who bore all the charges of the + armament, without reaping any solid or durable advantage from it. That if + the present disorders of France continued, that kingdom would soon be + reduced to such a state of desolation, that it would afford no spoils to + its ravagers, if it could establish a more steady government, it might + turn the chance of war in its favor, and by its superior force and + advantages be able to repel the present victors. That the dauphin, even + during his greatest distresses, had yet conducted himself with so much + prudence, as to prevent the English from acquiring one foot of land in the + kingdom; and it were better for the king to accept by a peace what he had + in vain attempted to acquire by hostilities, which, however hitherto + successful, had been extremely expensive, and might prove very dangerous. + And that Edward having acquired so much glory by his arms, the praise of + moderation was the only honor to which he could now aspire; an honor so + much the greater, as it was durable, was united with that of prudence, and + might be attended with the most real advantages.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 211. +</pre> + <p> + These reasons induced Edward to accept of more moderate terms of peace; + and it is probable that, in order to palliate this change of resolution, + he ascribed it to a vow made during a dreadful tempest, which attacked his + army on their march, and which ancient historians represent as the cause + of this sudden accommodation.[*] The conferences between the English and + French commissioners were carried on during a few days at Bretigni, in the + Chartraine, and the peace was at last concluded on the following + conditions:[**] it was stipulated that King John should be restored to his + liberty, and should pay as his ransom three millions of crowns of gold, + about one million five hundred thousand pounds of our present money;[***] + <a href="#linknote-9" name="linknoteref-9" id="linknoteref-9">9</a> which + was to be discharged at different payments: that Edward should forever + renounce all claim to the crown of France, and to the provinces of + Normandy, Maine, Touraine, and Anjou, possessed by his ancestors; and + should receive in exchange the provinces of Poictou, Xaintonge, l’Agenois, + Perigord, the Limousin, Quercy, Rovergue, l’Angoumois, and other districts + in that quarter, together with Calais, Guisnes, Montreuil, and the county + of Ponthieu, on the other side of France: that the full sovereignty of all + these provinces, as well as that of Guienne, should be vested in the crown + of England, and that France should renounce all title to feudal + jurisdiction, homage, or appeal from them: that the king of Navarre should + be restored to all his honors and possessions: that Edward should renounce + his confederacy with the Flemings, John his connections with the Scots: + that the disputes concerning the succession of Brittany, between the + families of Blois and Mountfort, should be decided by arbiters appointed + by the two kings; and if the competitors refused to submit to the award, + the dispute should no longer be a ground of war between the kingdoms; and + that forty hostages, such as should be agreed on, should be sent to + England as a security for the execution of all these conditions.[****] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 211. + + ** Rymer, vol. vi. p. 178. Froissard, liv. i. chap. 212. + + *** See note I, at the end of the volume. + + **** The hostages were the two sons of the French king, John + and Lewis; his brother Philip, duke of Orleans, the duke of + Bourbon, James de Bourbon count de Ponthieu, the counts + d’Eu, de Longueville, de St. Pol, de Harcourt, de Vendome, + de Couci, de Craon, de Montmorenci, and many of the chief + nobility of France. The princes were mostly released on the + fulfilling of certain articles: others of the hostages, and + the duke of Berry among the rest, were permitted to return + upon their parole, which they did not keep. Rymer, vol. vi. + p. 278, 285, 287. +</pre> + <p> + In consequence of this treaty, the king of France was brought over to + Calais; whither Edward also soon after repaired; and there both princes + solemnly ratified the treaty. + </p> + <p> + John was sent to Boulogne; the king accompanied him a mile on his journey; + and the two monarchs parted with many professions, probably cordial and + sincere, of mutual amity.[*] The good disposition of John made him fully + sensible of the generous treatment which he had received in England, and + obliterated all memory of the ascendant gained over him by his rival. + There seldom has been a treaty of so great importance so faithfully + executed by both parties. Edward had scarcely from the beginning + entertained any hopes of acquiring the crown of France: by restoring John + to his liberty, and making peace at a juncture so favorable to his arms, + he had now plainly renounced all pretensions of this nature; he had sold + at a very high price that chimerical claim; and had at present no other + interest than to retain those acquisitions which he had made with such + singular prudence and good fortune. John, on the other hand, though the + terms were severe, possessed such fidelity and honor, that he was + determined at all hazards to execute them, and to use every expedient for + satisfying a monarch who had indeed been his greatest political enemy, but + had treated him personally with singular humanity and regard. But, + notwithstanding his endeavors, there occurred many difficulties in + fulfilling his purpose; chiefly from the extreme reluctance which many + towns and vassals in the neighborhood of Guienne expressed against + submitting to the English dominion;[**] and John, in order to adjust these + differences, took a resolution of coming over himself to England. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 213. + + ** Froissard, liv. i. chap. 214. +</pre> + <p class="side"> + 1363. + </p> + <p> + His council endeavored to dissuade him from this rash design; and probably + would have been pleased to see him employ more chicanes for eluding the + execution of so disadvantageous a treaty: but John replied to them, that + though good faith were banished from the rest of the earth, she ought + still to retain her habitation in the breasts of princes. Some historians + would detract from the merit of this honorable conduct, by representing + John as enamored of an English lady, to whom he was glad on this pretence + to pay a visit; but besides that this surmise is not founded on any good + authority, it appears somewhat unlikely on account of the advanced age of + that prince, who was now in his fifty-sixth year. + </p> + <p class="side"> + 1364. + </p> + <p> + He was lodged in the Savoy; the palace where he had resided during his + captivity, and where he soon after sickened and died. Nothing can be a + stronger proof of the great dominion of fortune over men, than the + calamities which pursued a monarch of such eminent valor, goodness, and + honor, and which he incurred merely by reason of some slight imprudences, + which, in other situations, would have been of no importance. But though + both his reign and that of his father proved extremely unfortunate to + their kingdom, the French crown acquired, during their time, very + considerable accessions—those of Dauphiny and Burgundy. This latter + province, however, John had the imprudence again to dismember by bestowing + it on Philip, his fourth son, the object of his most tender affections;[*] + a deed which was afterwards the source of many calamities to the kingdom. + </p> + <p> + John was succeeded in the throne by Charles the dauphin, a prince educated + in the school of adversity, and well qualified, by his consummate prudence + and experience, to repair all the losses which the kingdom had sustained + from the errors of his two predecessors. Contrary to the practice of all + the great princes of those times, which held nothing in estimation but + military courage, he seems to have fixed it as a maxim never to appear at + the head of his armies; and he was the first king in Europe that showed + the advantage of policy, foresight, and judgment, above a rash and + precipitate valor. The events of his reign, compared with those of the + preceding, are a proof how little reason kingdoms have to value themselves + on their victories, or to be humbled by their defeats; which in reality + ought to be ascribed chiefly to the good or bad conduct of their rulers, + and are of little moment towards determining national characters and + manners. + </p> + <p> + Before Charles could think of counterbalancing so great a power as + England, it was necessary for him to remedy the many disorders to which + his own kingdom was exposed. He turned his arms against the king of + Navarre, the great disturber of France during that age; he defeated this + prince by the conduct of Bertrand du Guesclin, a gentleman of Brittany, + one of the most accomplished characters of the age, whom he had the + discernment to choose as the instrument of all his victories:[**] and he + obliged his enemy to accept of moderate terms of peace. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vi. p. 421. + + ** Froissard, liv. i. chap. 119, 120. +</pre> + <p> + Du Guesclin was less fortunate in the wars of Brittany, which still + continued, notwithstanding the mediation of France and England: he was + defeated and taken prisoner at Auray by Chandos: Charles of Blois was + there slain, and the young count of Mountfort soon after got entire + possession of that duchy.[*] But the prudence of Charles broke the force + of this blow: he submitted to the decision of fortune: he acknowledged the + title of Mountfort, though a zealous partisan of England; and received the + proffered homage for his dominions. But the chief obstacle which the + French king met with in the settlement of the state, proceeded from + obscure enemies, whom their crimes alone rendered eminent, and their + number dangerous. + </p> + <p> + On the conclusion of the treaty of Bretigni, the many military adventurers + who had followed the standard of Edward being dispersed into the several + provinces, and possessed of strongholds, refused to lay down their arms, + or relinquish a course of life to which they were now accustomed, and by + which alone they could gain a subsistence.[**] They associated themselves + with the banditti, who were already inured to the habits of rapine and + violence; and under the name of the “companies” and “companions,” became a + terror to all the peaceable inhabitants. Some English and Gascon gentlemen + of character, particularly Sir Matthew Gournay, Sir Hugh Calverly, the + chevalier Verte, and others, were not ashamed to take the command of these + ruffians, whose numbers amounted on the whole to near forty thousand, and + who bore the appearance of regular armies, rather than bands of robbers. + These leaders fought pitched battles with the troops of France, and gained + victories; in one of which Jaques de Bourbon, a prince of the blood, was + slain:[***] and they proceeded to such a height, that they wanted little + but regular establishments to become princes, and thereby sanctify, by the + maxims of the world, their infamous profession. The greater spoil they + committed on the country, the more easy they found it to recruit their + number: all those who were reduced to misery and despair, flocked to their + standard: the evil was every day increasing; and though the pope declared + them excommunicated, these military plunderers, however deeply affected + with the sentence, to which they paid a much greater regard than to any + principles of morality, could not be induced by it to betake themselves to + peaceable or lawful professions. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 227, 228, etc. Walsing, p. 180. + + ** Froissard, liv. i. chap. 214. + + *** Froissard, liv. i. chap, 214, 215. +</pre> + <p class="side"> + 1366. + </p> + <p> + As Charles was not able by power to redress so enormous a grievance, he + was led by necessity, and by the turn of his character, to correct it by + policy, and to contrive some method of discharging into foreign countries + this dangerous and intestine evil. + </p> + <p> + Peter, king of Castile, stigmatized by his contemporaries and by posterity + with the epithet of Cruel, had filled with blood and murder his kingdom + and his own family; and having incurred the universal hatred of his + subjects, he kept from present terror alone, an anxious and precarious + possession of the throne. His nobles fell every day the victims of his + severity: he put to death several of his natural brothers, from groundless + jealousy: each murder, by multiplying his enemies, became the occasion of + fresh barbarities; and as he was not destitute of talents, his neighbors, + no less than his own subjects, were alarmed at the progress of his + violence and injustice. The ferocity of his temper, instead of being + softened by his strong propensity to love, was rather inflamed by that + passion, and took thence new occasion to exert itself. Instigated by Mary + de Padilla, who had acquired the ascendant over him, he threw into prison + Blanche de Bourbon, his wife, Bister to the queen of France; and soon + after made way by poison for the espousing of his mistress. + </p> + <p> + Henry, count of Transtamare, his natural brother, seeing the fate of every + one who had become obnoxious to this tyrant, took arms against him; but + being foiled in the attempt, he sought for refuge in France, where he + found the minds of men extremely inflamed against Peter, on account of his + murder of the French princess. He asked permission of Charles to enlist + the “companies” in his service, and to lead them into Castile; where, from + the concurrence of his own friends, and the enemies of his brother, he had + the prospect of certain and immediate success. The French king, charmed + with the project, employed Du Guesclin in negotiating with the leaders of + these banditti. The treaty was soon concluded. The high character of honor + which that general possessed, made every one trust to his promises: though + the intended expedition was kept a secret, the “companies” implicitly + enlisted under his standard; and they required no other condition before + their engagement, than an assurance that they were not to be led against + the prince of Wales in Guienne. But that prince was so little averse to + the enterprise, that he allowed some gentlemen of his retinue to enter + into the service under Du Guesclin. + </p> + <p> + Du Guesclin, having completed his levies, led the army first to Avignon, + where the pope then resided, and demanded, sword in hand, an absolution + for his soldiers, and the sum of two hundred thousand livres. The first + was readily promised him; some more difficulty was made with regard to the + second. “I believe that my fellows,” replied Du Guesclin, “may make a + shift to do without your absolution; but the money is absolutely + necessary.” The pope then extorted from the inhabitants in the city and + neighborhood the sum of a hundred thousand livres, and offered it to Du + Guesclin. “It is not my purpose,” cried that generous warrior, “to oppress + the innocent people. The pope and his cardinals themselves can well spare + me that sum from their own coffers. This money, I insist, must be restored + to the owners. And should they be defrauded of it, I shall myself return + from the other side of the Pyrenees, and oblige you to make them + restitution.” The pope found the necessity of submitting, and paid him + from his treasury the sum demanded.[*] The army, hallowed by the + blessings, and enriched by the spoils, of the church, proceeded on their + expedition. + </p> + <p> + These experienced and hardy soldiers, conducted by so able a general, + easily prevailed over the king of Castile, whose subjects, instead of + supporting their oppressor, were ready to join the enemy against him.[**] + Peter fled from his dominions took shelter in Guienne, and craved the + protection of the prince of Wales, whom his father had invested with the + sovereignty of these conquered provinces, by the title of the principality + of Aquitaine.[***] + </p> +<pre xml:space="preserve"> + * Hist. du Guesclin. + + ** Froissard, liv. i. chap 230. + + *** Rymer, vol. vi. p. 384. Froissard, liv. i. chap. 231. +</pre> + <p class="side"> + 1367. + </p> + <p> + The prince seemed now to have entirely changed his sentiments with regard + to the Spanish transactions: whether that he was moved by the generosity + of supporting a distressed prince, and thought, as is but too usual among + sovereigns, that the rights of the people were a matter of much less + consideration; or dreaded the acquisition of so powerful a confederate to + France as the new king of Castile; or, what is most probable, was + impatient of rest and ease, and sought only an opportunity for exerting + his military talents, by which he had already acquired so much renown. He + promised his assistance to the dethroned monarch; and having obtained the + consent of his father, he levied a great army, and set out upon his + enterprise. He was accompanied by his younger brother, John of Gaunt, + created duke of Lancaster, in the room of the good prince of that name, + who had died without any male issue, and whose daughter he had espoused. + Chandos, also, who bore among the English the same character which Du + Guesclin had acquired among the French, commanded under him in this + expedition. + </p> + <p> + The first blow which the prince of Wales gave to Henry of Transtamare, was + the recalling of all the “companies” from his service; and so much + reverence did they bear to the name of Edward, that great numbers of them + immediately withdrew from Spain, and enlisted under his banners. Henry, + however, beloved by his new subjects, and supported by the king of Arragon + and others of his neighbors, was able to meet the enemy with an army of + one hundred thousand men; forces three times more numerous than those + which were commanded by Edward. Du Guesclin, and all his experienced + officers, advised him to delay any decisive action, to cut off the prince + of Wales’s provisions, and to avoid every engagement with a general, whose + enterprises had hitherto been always conducted with prudence, and crowned + with success. Henry trusted too much to his numbers; and ventured to + encounter the English prince at Najara.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 241. +</pre> + <p> + Historians of that age are commonly very copious in describing the shock + of armies in battle, the valor of the combatants, the slaughter and + various successes of the day: but though small rencounters in those times + were often well disputed, military discipline was always too imperfect to + preserve order in great armies; and such actions deserve more the name of + routs than of battles. Henry was chased off the field, with the loss of + above twenty thousand men: there perished only four knights and forty + private men on the side of the English. + </p> + <p> + Peter, who so well merited the infamous epithet which he bore, purposed to + murder all his prisoners in cold blood; but was restrained from this + barbarity by the remonstrance, of the prince of Wales. All Castile now + submitted to the victor: Peter was restored to the throne; and Edward + finished his perilous enterprise with his usual glory. But he had soon + reason to repent his connections with a man like Peter, abandoned to all + sense of virtue and honor. The ungrateful tyrant refused the stipulated + pay to the English forces; and Edward finding his soldiers daily perish by + sickness, and even his own health impaired by the climate, was obliged, + without receiving any satisfaction on this head, to return into + Guienne.[*] + </p> + <p> + The barbarities exercised by Peter over his helpless subjects, whom he now + regarded as vanquished rebels, revived all the animosity of the Castilians + against him; and on the return of Henry of Transtamare, together with Du + Guesclin, and some forces levied anew in France, the tyrant was again + dethroned, and was taken prisoner. His brother, in resentment of his + cruelties, murdered him with his own hand: and was placed on the throne of + Castile, which he transmitted to his posterity. The duke of Lancaster, who + espoused in second marriage the eldest daughter of Peter, inherited only + the empty title of that sovereignty, and, by claiming the succession, + increased the animosity of the new king of Castile against England. + </p> + <p class="side"> + 1368. + </p> + <p> + But the prejudice which the affairs of Prince Edward received from this + splendid though imprudent expedition, ended not with it. He had involved + himself in so much debt by his preparations and the pay of his troops, + that he found it necessary, on his return, to impose on his principality a + new tax, to which some of the nobility consented with extreme reluctance, + and to which others absolutely refused to submit.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 242, 243. Walsing. p. 182. + + ** This tax was a livre upon a hearth; and it was imagined + that the imposition would have yielded one million two + hundred thousand livres a year, which supposes so many + hearths in the provinces possessed by the English. But such + loose conjectures have commonly no manner of authority, much + less in such ignorant times. There is a strong instance of + it in the present reign. The house of commons granted the + king a tax of twenty-two shillings on each parish, supposing + that the amount of the whole would be fifty thousand pounds. + But they were found to be in a mistake of near five to one. + Cotton, p. 3. And the council assumed the power of + augmenting the tax upon each parish. +</pre> + <p> + This incident revived the animosity which the inhabitants bore to the + English, and which all the amiable qualities of the prince of Wales were + not able to mitigate or assuage. They complained that they were considered + as a conquered people, that their privileges were disregarded, that all + trust was given to the English alone, that every office of honor and + profit was conferred on these foreigners, and that the extreme reluctance, + which most of them had expressed, to receive the new yoke, was likely to + be long remembered against them. They cast, therefore, their eyes towards + their ancient sovereign, whose prudence they found had now brought the + affairs of his kingdom into excellent order; and the counts of Armagnac, + Comminge, and Perigord, the lord d’Albret, with other nobles, went to + Paris, and were encouraged to carry their complaints to Charles, as to + their lord paramount, against these oppressions of the English + government.[*] + </p> + <p> + In the treaty of Bretigm it had been stipulated, that the two kings should + make renunciations; Edward, of his claim to the crown of France, and to + the provinces of Normandy, Maine, and Anjou; John, of the homage and + fealty due for Guienne and the other provinces ceded to the English. But + when that treaty was confirmed and renewed at Calais, it was found + necessary, as Edward was not yet in possession of all the territories, + that the mutual renunciations should for some time be deferred; and it was + agreed, that the parties, meanwhile, should make no use of their + respective claims against each other.[**] Though the failure in exchanging + these renunciations had still proceeded from France,[***] Edward appears + to have taken no umbrage at it; both because this clause seemed to give + him entire security, and because some reasonable apology had probably been + made to him for each delay. It was, however, on this pretence, though + directly contrary to treaty, that Charles resolved to ground his claim of + still considering himself as superior lord of those provinces, and of + receiving the appeals of his sub-vassals.[****] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 244. + + ** Rymer, vol. vi. p. 219, 230, 234, 237, 243. + + *** Rot. Franc. 35, Edward III. from Tyrrel, vol. iii + p. 643. + + **** Froissard. liv. i. chap. 245. +</pre> + <p class="side"> + 1369. + </p> + <p> + But as views of policy, more than those of justice, enter into the + deliberations of princes; and as the mortal injuries received from the + English, the pride of their triumphs, the severe terms imposed by the + treaty of peace, seemed to render every prudent means of revenge honorable + against them; Charles was determined to take this measure, less by the + reasonings of his civilians and lawyers, than by the present situation of + the two monarchies. He considered the declining years of Edward, the + languishing state of the prince of Wales’s health, the affection which the + inhabitants of all these provinces bore to their ancient master, their + distance from England, their vicinity to France, the extreme animosity + expressed by his own subjects against these invaders, and their ardent + thirst of vengeance; and having silently made all the necessary + preparations, he sent to the prince of Wales a summons to appear in his + court at Paris, and there to justify his conduct towards his vassals. The + prince replied, that he would come to Paris, but it should be at the head + of sixty thousand men.[*] The unwarlike character of Charles kept Prince + Edward, even yet, from thinking that that monarch was in earnest in this + bold and hazardous attempt. + </p> + <p> + It soon appeared what a poor return the king had received by his distant + conquests for all the blood and treasure expended in the quarrel, and how + impossible it was to retain acquisitions, in an age when no regular force + could be maintained sufficient to defend them against the revolt of the + inhabitants, especially if that danger was joined with the invasion of a + foreign enemy. + </p> + <p class="side"> + 1370. + </p> + <p> + Charles fell first upon Ponthieu, which gave the English an inlet into the + heart of France: the citizens of Abbeville opened their gates to him:[**] + those of St. Valori, Rue, and Crotoy imitated the example, and the whole + country was, in a little time, reduced to submission. The dukes of Berri + and Anjou, brothers to Charles, being assisted by Du Guesclin, who was + recalled from Spain, invaded the southern provinces; and by means of their + good conduct, the favorable dispositions of the people, and the ardor of + the French nobility, they made every day considerable progress against the + English. The state of the prince of Wales’s health did not permit him to + mount on horseback, or exert his usual activity: Chandos, the constable of + Guienne, was slain in one action;[***] the Captal de Buche, who succeeded + him in that office, was taken prisoner in another:[****] and when young + Edward himself was obliged by his increasing infirmities to throw up the + command, and return to his native country, the affairs of the English in + the south of France seemed to be menaced with total ruin. + </p> + <p> + The king, incensed at these injuries, threatened to put to death all the + French hostages who remained in his hands; but on reflection abstained + from that ungenerous revenge. After resuming, by advice of parliament, the + vain title of king of France,[*****] he endeavored to send succors into + Gascony, but all his attempts, both by sea and land, proved unsuccessful. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 247, 248. + + ** Walsing. p. 183. + + *** Froissard, liv. i. chap. 277. Walsing, p. 185. + + **** Froissard, liv. i. chap. 310. + +</pre> + <p> + The earl of Pembroke was intercepted at sea, and taken prisoner with his + whole army, near Rochelle, by a fleet which the king of Castile had fitted + out for that purpose:[*] Edward himself embarked for Bordeaux with another + army; but was so long detained by contrary winds, that he was obliged to + lay aside the enterprise.[**] Sir Robert Knolles, at the head of thirty + thousand men, marched out of Calais, and continued his ravages to the + gates of Paris, without being able to provoke the enemy to an engagement: + he proceeded in his march to the provinces of Maine and Anjou, which he + laid waste; but part of his army being there defeated by the conduct of Du + Guesclin, who was now created constable of France, and who seems to have + been the first consummate general that had yet appeared in Europe, the + rest were scattered and dispersed, and the small remains of the English + forces, instead of reaching Guienne, took shelter in Brittany, whose + sovereign had embraced the alliance of England.[***] The duke of + Lancaster, some time after, made a like attempt with an army of + twenty-five thousand men; and marched the whole length of France from + Calais to Bordeaux: but was so much harassed by the flying parties which + attended him, that he brought not the half of his army to the place of + their destination. Edward, from the necessity of his affairs was at last + obliged to conclude a truce with the enemy;[****] after almost all his + ancient possessions in France had been ravished from him, except Bordeaux + and Bayonne, and all his conquests, except Calais. + </p> + <p> + The decline of the king’s life was exposed to many mortifications, and + corresponded not to the splendid and noisy scenes which had filled the + beginning and the middle of it. Besides seeing the loss of his foreign + dominions, and being baffled in every attempt to defend them, he felt the + decay of his authority at home; and experienced, from the sharpness of + some parliamentary remonstrances, the great inconstancy of the people, and + the influence of present fortune over all their judgments.[*****] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 302, 303, 304. Walsing. p. 186. + + ** Froissard, liv. i. chap. 311. Walsing. p. 187. + + *** Froissard, liv. i. chap. 291. Walsing. p. 185. + + **** Froissard, liv, i. chap. 311. Walsing. p. 187. + +</pre> + <p> + This prince, who, during the vigor of his age, had been chiefly occupied + in the pursuits of war and ambition, began, at an unseasonable period, to + indulge himself in pleasure; and being now a widower, he attached himself + to a lady of sense and spirit, one Alice Pierce, who acquired a great + ascendant over him, and by her influence gave such general disgust that, + in order to satisfy the parliament, he was obliged to remove her from + court.[*] + </p> +<pre xml:space="preserve"> + * Walsing, p. 189. +</pre> + <p> + The indolence also, naturally attending old age and infirmities, had made + him in a great measure resign the administration into the hands of his + son, the duke of Lancaster, who, as he was far from being popular, + weakened extremely the affection which the English bore to the person and + government of the king. Men carried their jealousies very far against the + duke; and as they saw, with much regret, the death of the prince of Wales + every day approaching, they apprehended lest the succession of his son + Richard, now a minor, should be defeated by the intrigues of Lancaster, + and by the weak indulgence of the old king. But Edward, in order to + satisfy both the people and the prince on this head, declared in + parliament his grandson heir and successor to the crown; and thereby cut + off all the hopes of the duke of Lancaster, if he ever had the temerity to + entertain any. + </p> + <p class="side"> + 1376. + </p> + <p> + The prince of Wales, after a lingering illness, died in the forty-sixth + year of his age; and left a character illustrious for every eminent + virtue, and, from his earliest youth till the hour he expired, unstained + by any blemish. His valor and military talents formed the smallest part of + his merit: his generosity, humanity, affability, moderation, gained him + the affections of all men; and he was qualified to throw a lustre, not + only on that rude age in which he lived, and which nowise infected him + with its vices, but on the most shining period of ancient or modern + history. + </p> + <p class="side"> + 1377. + </p> + <p> + The king survived about a year this melancholy incident: England was + deprived at once of both these princes, its chief ornament and support: he + expired in the sixty-fifth year of his age and the fifty-first of his + reign; and the people were then sensible, though too late, of the + irreparable loss which they had sustained. + </p> + <p> + The English are apt to consider with peculiar fondness the history of + Edward III., and to esteem his reign, as it was one of the longest, the + most glorious also, that occurs in the annals of their nation. The + ascendant which they then began to acquire over France, their rival and + supposed national enemy, makes them cast their eyes on this period with + great complacency, and sanctifies every measure which Edward embraced for + that end. But the domestic government of this prince is really more + admirable than his foreign victories; and England enjoyed, by the prudence + and vigor of his administration, a longer interval of domestic peace and + tranquillity than she had been blessed with in any former period, or than + she experienced for many ages after. He gained the affections of the + great, yet curbed their licentiousness: he made them feel his power, + without their daring, or even being inclined, to murmur at it: his affable + and obliging behavior, his munificence and generosity, made them submit + with pleasure to his dominion; his valor and conduct made them successful + in most of their enterprises; and their unquiet spirits, directed against + a public enemy, had no leisure to breed those disturbances to which they + were naturally so much inclined, and which the frame of the government + seemed so much to authorize. This was the chief benefit which resulted + from Edward’s victories and conquests. His foreign wars were, in other + respects, neither founded in justice, nor directed to any salutary + purpose. His attempt against the king of Scotland, a minor and a + brother-in-law, and the revival of his grandfather’s claim of superiority + over that kingdom, were both unreasonable and ungenerous; and he allowed + himself to be too easily seduced, by the glaring prospect of French + conquests, from the acquisition of a point which was practicable, and + which, if attained, might really have been of lasting utility to his + country and his successors. The success which he met with in France, + though chiefly owing to his eminent talents, was unexpected; and yet, from + the very nature of things, not from any unforeseen accidents, was found, + even during his lifetime, to have procured him no solid advantages. But + the glory of a conqueror is so dazzling to the vulgar, the animosity of + nations is so violent, that the fruitless desolation of so fine a part of + Europe as France, is totally disregarded by us, and is never considered as + a blemish in the character or conduct of this prince. And indeed, from the + unfortunate state of human nature, it will commonly happen, that a + sovereign of genius, such as Edward, who usually finds every thing easy in + his domestic government, will turn himself towards military enterprises, + where alone he meets with opposition, and where he has full exercise for + his industry and capacity. + </p> + <p> + Edward had a numerous posterity by his queen, Philippa of Hainault. His + eldest son was the heroic Edward, usually denominated the Black Prince + from the color of his armor. This prince espoused his cousin Joan, + commonly called the “fair maid of Kent,” daughter and heir of his uncle, + the earl of Kent, who was beheaded in the beginning of this reign. She was + first married to Sir Thomas Holland, by whom she had children. By the + prince of Wales she had a son, Richard, who alone survived his father. + </p> + <p> + The second son of King Edward (for we pass over such as died in their + childhood) was Lionel, duke of Clarence, who was first married to + Elizabeth de Burgh, daughter and heir of the earl of Ulster, by whom he + left only one daughter, married to Edmund Mortimer, earl of Marche. Lionel + espoused in second marriage Violante, the daughter of the duke of + Milan,[*] and died in Italy soon after the consummation of his nuptials, + without leaving any posterity by that princess. Of all the family, he + resembled most his father and elder brother in his noble qualities. + </p> + <p> + Edward’s third son was John of Gaunt, so called from the place of his + birth: he was created duke of Lancaster; and from him sprang that branch + which afterwards possessed the the crown. The fourth son of this royal + family was Edmund created earl of Cambridge by his father, and duke of + York by his nephew. The fifth son was Thomas, who received the title of + earl of Buckingham from his father, and that of duke of Glocester from his + nephew. In order to prevent confusion, we shall always distinguish these + two princes by the titles of York and Glocester, even before they were + advanced to them. + </p> + <p> + There were also several princesses born to Edward by Philippa; to wit, + Isabella, Joan, Mary, and Margaret, who espoused, in the order of their + names, Ingelram de Coucy, earl of Bedford, Alphonso, king of Castile, John + of Mountfort, duke of Brittany, and John Hastings, earl of Pembroke. The + princess Joan died at Bordeaux before the consummation of her marriage. + </p> + <p> + It is remarked by an elegant historian,[**] that conquerors though usually + the bane of bunian kind, proved often, in those feudal limes, the most + indulgent of sovereigns: they stood most in need of supplies from their + people; and not being able to compel them by force to submit to the + necessary impositions, they were obliged to make them some compensation, + by equitable laws and popular concessions. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vi. p. 564. + + ** Dr. Robertson’s Hist. of Scot. book i. +</pre> + <p> + This remark is, in some measure, though imperfectly, justified by the + conduct of Edward III. He took no steps of moment without consulting his + parliament, and obtaining their approbation, which he afterwards pleaded + as a reason for their supporting his measures.[*] The parliament, + therefore, rose into greater consideration during his reign, and acquired + more regular authority, than in any former time; and even the house of + commons, which, during turbulent and factious periods, was naturally + depressed by the greater power of the crown and barons, began to appear of + some weight in the constitution. In the latter years of Edward, the king’s + ministers were impeached in parliament, particularly Lord Latimer, who + fell a sacrifice to the Authority of the commons;[**] and they even + obliged the king to banish his mistress by their remonstrances. Some + attention was also paid to the election of their members; and lawyers in + particular, who were at that time men of a character somewhat inferior, + were totally excluded the house during several parliaments.[***] + </p> + <p> + One of the most popular laws enacted by any prince, was the statute which + passed in the twenty-fifth of this reign,[****] and which limited the + cases of high treason, before vague and uncertain, to three principal + heads—conspiring the death of the king, levying war against him, and + adhering to his enemies and the judges were prohibited, if any other cases + should occur, from inflicting the penalty of treason without an + application to parliament. The bounds of treason were indeed so much + limited by this statute, which still remains in force without any + alteration, that the lawyers were obliged to enlarge them, and to explain + a conspiracy for levying war against the king, to be equivalent to a + conspiracy against his life; and this interpretation, seemingly forced, + has, from the necessity of the case, been tacitly acquiesced in. + </p> +<pre xml:space="preserve"> + * Cotton’s Abridg. p. 108, 120. + + ** Cotton’s Abridg. p. 122. + + *** Cotton’s Abridg. p. 18. + + **** Chap. 2. +</pre> + <p> + It was also ordained that a parliament should be held once a year, or + oftener, if need be; a law which, like many others, was never observed and + lost its authority by disuse.[*] + </p> + <p> + Edward granted above twenty parliamentary confirmations of the Great + Charter; and these concessions are commonly appealed to as proofs of his + great indulgence to the people, and his tender regard for their liberties. + But the contrary presumption is more natural. If the maxims of Edward’s + reign had not been in general somewhat arbitrary, and if the Great Charter + had not been frequently violated, the parliament would never have applied + for these frequent confirmations, which could add no force to a deed + regularly observed, and which could serve to no other purpose, than to + prevent the contrary precedents from turning into a rule, and acquiring + authority. It was indeed the effect of the irregular government during + those ages, that a statute which had been enacted some years, instead of + acquiring, was imagined to lose, force by time, and needed to be often + renewed by recent statutes of the same sense and tenor. Hence likewise + that general clause, so frequent in old acts of parliament, that the + statutes, enacted by the king’s progenitors, should be observed;[**] a + precaution which, if we do not consider the circumstances of the times, + might appear absurd and ridiculous. The frequent confirmations in general + terms of the privileges of the church proceeded from the same cause. + </p> + <p> + It is a clause in one of Edward’s statutes, “that no man, of what estate + or condition soever, shall be put out of land or tenement, nor taken, nor + imprisoned, nor disherited, nor put to death, without being brought in + answer by due process of the law.”[***] This privilege was sufficiently + secured by a clause of the Great Charter, which had received a general + confirmation in the first chapter of the same statute. Why then is the + clause so anxiously, and, as we may think, so superfluously repeated? + Plainly, because there had been some late infringements of it, which gave + umbrage to the commons.[****] + </p> +<pre xml:space="preserve"> + * 4 Edward III. cap. 14. + + ** 36 Edward III. cap. 1. 37 Edward III. cap. 1, etc. + + *** 28 Edward III. cap. 3. + + **** They assert, in the fifteenth of this reign, that there + had been such instances. Cotton’s Abridg. p. 31. They repeat + the same in the twenty-first year. See p. 59. +</pre> + <p> + But there is no article in which the laws are more frequently repeated + during this reign, almost in the same terms, than that of purveyance which + the parliament always calls an outrageous and intolerable grievance, and + the source of infinite damage to the people.[*] The parliament tried to + abolish this prerogative altogether, by prohibiting any one from taking + goods without the consent of the owners,[**] and by changing the heinous + name of purveyors, as they term it, into that of buyers;[***] but the + arbitrary conduct of Edward still brought back the grievance upon them, + though contrary both to the Great Charter and to many statutes. This + disorder was in a great measure derived from the state of the public + finances, and of the kingdom; and could therefore the less admit of + remedy. The prince frequently wanted ready money; yet his family must be + subsisted: he was therefore obliged to employ force and violence for that + purpose, and to give tallies, at what rate he pleased, to the owners of + the goods which he laid hold of. The kingdom also abounded so little in + commodities, and the interior communication was so imperfect, that had the + owners been strictly protected by law, they could easily have exacted any + price from the king; especially in his frequent progresses, when he came + to distant and poor places, where the court did not usually reside, and + where a regular plan for supplying it could not be easily established. Not + only the king, but several great lords, insisted upon this right of + purveyance within certain districts.[****] + </p> + <p> + The magnificent Castle of Windsor was built by Edward III., and his method + of conducting the work may serve as a specimen of the condition of the + people in that age. Instead of engaging workmen by contracts and wages, he + assessed every county in England to send him a certain number of masons, + tilers, and carpenters, as if he had been levying an army.[*****] + </p> + <p> + They mistake, indeed, very much the genius of this reign, who imagine that + it was not extremely arbitrary. All the high prerogatives of the crown + were to the full exerted in it; but what gave some consolation, and + promised in time some relief to the people, they were always complained of + by the commons: such as the dispensing power;[******] the extension of the + forests;[*******] erecting monopolies;[********] exacting loans—[*********] + </p> +<pre xml:space="preserve"> + * 36 Edward III. etc. + + ** 14 Edward III. cap. 19. + + *** 36 Edward III. cap. 2. + + **** 7 Richard II. cap. 8. + +</pre> +<pre xml:space="preserve"> + ****** Cotton’s Abridg. p. 71. + + ******* Cotton’s Abridg. p. 56, 61, 122. + + ******** Rymer, vol. v. p. 491, 574. Cotton’s Abridg. p. 56. +</pre> + <p> + —stopping justice by particular warrants;[*] the renewal of the + commission of “trailbaton;”[**] pressing men and ships into the public + service;[***] levying arbitrary and exorbitant fines;[****] extending the + authority of the privy council or star-chamber to the decision of private + causes;[*****] enlarging the power of the mareschal’s and other arbitrary + courts;[******] imprisoning members for freedom of speech in + parliament;[*******] obliging people without any rule to send recruits of + men at arms, archers, and hoblers to the army.[********] + </p> +<pre xml:space="preserve"> + * Cotton, p. 114. + + ** Cotton, p. 67. + + *** Cotton, p. 47, 79, 113. + + **** Cotton, p. 32. + + ****** Cotton, p. 74. + + ******* Walsing. p. 189, 190. +</pre> + <p> + But there was no act of arbitrary power more frequently repeated in this + reign, than that of imposing taxes without consent of parliament. Though + that assembly granted the king greater supplies than had ever been + obtained by any of his predecessors, his great undertakings, and the + necessity of his affairs, obliged him to levy still more; and after his + splendid success against France had added weight to his authority, these + arbitrary impositions became almost annual and perpetual. Cotton’s + Abridgment of the records affords numerous instances of this kind, in the + first[*] year of his reign, in the thirteenth year,[**] in the + fourteenth,[***] in the twentieth,[****] in the twenty-first,[*****] in + the twenty-second,[******] in the twenty fifth,[*******] in the + thirty-eighth,[********] in the fiftieth,[*********] and in the + fifty-first,[**********] + </p> +<pre xml:space="preserve"> + * Tyrrel’s Hist. vol. iii. p. 554, from the records. + + ** Rymer, vol. iv. p. 363. + + *** Page 17, 18. + + **** Page 39. + + ****** Page 52, 53, 57, 58. + + ******* Page 69. + + ******** Page 76. + + ********* Page 101. + + ********** Page 138. +</pre> + <p> + The king openly avowed and maintained this power of levying taxes at + pleasure. At one time, he replied to the remonstrance made by the commons + against it, that the impositions had been exacted from great necessity, + and had been assented to by the prelates, earls, barons, and some of the + commons;[*] at another, that he would advise with his council.[**] When + the parliament desired that a law might be enacted for the punishment of + such as levied these arbitrary impositions he refused compliance.[***] + </p> +<pre xml:space="preserve"> + * Page 152. + + ** Cotton, p. 53. He repeats the same answer in p. 60. “Some + of the commons” were such as he should be pleased to consult + with. + + *** Cotton, p. 57. +</pre> + <p> + In the subsequent year, they desired that the king might renounce this + pretended prerogative; but his answer was, that he would levy no taxes + without necessity for the defence of the realm, and where he reasonably + might use that authority.[*] This incident passed a few days before his + death; and these were, in a manner, his last words to his people. It would + seem that the famous charter or statute of Edward I., “de tallagio non + concedendo,” though never repealed, was supposed to have already lost by + age all its authority. + </p> + <p> + These facts can only show the practice of the times: for as to the right, + the continual remonstrances of the commons may seem to prove that it + rather lay on their side: at least, these remonstrances served to prevent + the arbitrary practices of the court from becoming an established part of + the constitution. In so much a better condition were the privileges of the + people even during the arbitrary reign of Edward III., than during some + subsequent ones, particularly those of the Tudors, where no tyranny or + abuse of power ever met with any check or opposition, or so much as a + remonstrance, from parliament. + </p> + <p> + In this reign, we find, according to the sentiments of an ingenious and + learned author, the first strongly marked and probably contested + distinction between a proclamation by the king and his privy council, and + a law which had received the assent of the lords and commons.[**] + </p> + <p> + It is easy to imagine, that a prince of so much sense and spirit as + Edward, would be no slave to the court of Rome. Though the old tribute was + paid during some years of his minority,[***] he afterwards withheld it; + and when the pope, in 1367, threatened to cite him to the court of Rome + for default of payment, he laid the matter before his parliament. That + assembly unanimously declared, that King John could not, without a + national consent, subject his kingdom to a foreign power; and that they + were therefore determined to support their sovereign against this unjust + pretension.[****] + </p> +<pre xml:space="preserve"> + * Cotton, p. 132. + + ** Observations on the Statutes, p. 193. + + *** Rymer, vol. iv. p. 434. + + **** Cotton’s Abridg. p. 110. +</pre> + <p> + During this reign, the statute of provisors was enacted, rendering it + penal to procure any presentations to benefices from the court of Rome, + and securing the rights of all patrons and electors, which had been + extremely encroached on by the pope.[*] By a subsequent statute, every + person was outlawed who carried any cause by appeal to the court of + Rome.[**] + </p> + <p> + The laity at this time seem to have been extremely prejudiced against the + papal power, and even somewhat against their own clergy, because of their + connections with the Roman pontiff. The parliament pretended, that the + usurpations of the pope were the cause of all the plagues, injuries, + famine, anc poverty of the realm; were more destructive to it than al the + wars; and were the reason why it contained not a third of the inhabitants + and commodities which it formerly possessed: that the taxes levied by him + exceeded five times those which were paid to the king; that every thing + was venal in that sinful city of Rome; and that even the patrons in + England had thence learned to practise simony without shame or + remorse.[***] At another time, they petition the king to employ no + churchman in any office of state;[****] and they even speak in plain terms + of expelling by force the papal authority, and thereby providing a remedy + against oppressions, which they neither could, nor would, any longer + endure.[*****] Men who talked in this strain, were not far from the + reformation: but Edward did not think proper to second all this zeal. + Though he passed the statute of provisors, he took little care of its + execution; and the parliament made frequent complaints of his negligence + on this head.[******] He was content with having reduced such of the + Romish ecclesiastics as possessed revenues in England, to depend entirely + upon him by means of that statute. + </p> + <p> + As to the police of the kingdom during this period, it was certainly + better than during times of faction, civil war, and disorder, to which + England was so often exposed: yet were there several vices in the + constitution, the bad consequences of which all the power and vigilance of + the king could not prevent. The barons, by their confederacies with those + of their own order, and by supporting and defending their retainers in + every iniquity,[*******] were the chief abettors of robbers, murderers, + and ruffians of all kinds; and no law could be executed against those + criminals. + </p> +<pre xml:space="preserve"> + * 25 Edward III. 27 Edward III. + + ** 27 Edward III. 38 Edward III. + + *** Cotton, p. 74, 128, 129. + + **** Cotton, p. 112. + + ****** Cotton, p. 119, 128 129, 130, 143. + + ******* 11 Edward III. cap. 14. + + ******** 4 Edward III. cap. + + ********* 15 Edward III cap. 4. +</pre> + <p> + The nobility were brought to give their promise in parliament, that they + would not avow retain, or support any felon or breaker of the law;[*] yet + this, engagement, which we may wonder to see exacted from men of their + rank, was never regarded by them. The commons make continual complaints of + the multitude of robberies, murders, rapes, and other disorders, which, + they say, were become numberless in every part of the kingdom, and which + they always ascribe to the protection that the criminals received from the + great.[**]The king of Cyprus, who paid a visit to England in this reign, + was robbed and stripped on the highway with his whole retinue.[***] Edward + himself contributed to this dissolution of law, by his facility in + granting pardons to felons, from the solicitation of the courtiers. Laws + were made to retrench this prerogative,[****] and remonstrances of the + commons were presented against the abuse of it;[*****] but to no purpose. + The gratifying of a powerful nobleman continued still to be of more + importance than the protection of the people. The king also granted many + franchises, which interrupted the course of justice and the execution of + the laws.[******] + </p> +<pre xml:space="preserve"> + * Cotton, p. 10. + + ** Cotton, p. 51, 62, 64, 70, 160. + + *** Walsing. p. 170. + + **** 10 Edward III. cap. 2. 27 Edward III. cap. 2. + + ****** Cotton, p. 54. +</pre> + <p> + Commerce and industry were certainly at a very low ebb during this period. + The bad police of the country alone affords a sufficient reason. The only + exports were wool, skins, hides leather, butter, tin, lead, and such + unmanufactured goods, of which wool was by far the most considerable. + Knyghton has asserted, that one hundred thousand sacks of wool were + annually exported, and sold at twenty pounds a sack, money of that age. + But he is widely mistaken both in the quantity exported and in the value. + In 1349, the parliament remonstrate, that the king, by an illegal + imposition of forty shillings on each sack exported, had levied sixty + thousand pounds a year:[*] which reduces the annual exports to thirty + thousand sacks. A sack contained twenty-six stone, and each stone fourteen + pounds;[**] and at a medium was not valued at above five pounds a + sack,[***] that is, fourteen or fifteen pounds of our present money. + Knyghton’s computation raises it to sixty pounds, which is near four times + the present price of wool in England. + </p> +<pre xml:space="preserve"> + * Cotton, p. 48, 69. + + ** 34 Edward III. cap. 5. + + *** Cotton, p. 29. +</pre> + <p> + According to this reduced computation, the export of wool brought into the + kingdom about four hundred and thousand pounds of our present money, + instead of six millions, which is an extravagant sum. Even the former sum + is so high, as to afford a suspicion of some mistake in the computation of + the parliament with regard to the number of sacks exported. Such mistakes + were very usual in those ages. + </p> + <p> + Edward endeavored to introduce and promote the woolen manufacture, by + giving protection and encouragement to foreign weavers,[*] and by enacting + a law, which prohibited every one from wearing any cloth but of English + fabric.[*] The parliament prohibited the exportation of woollen goods, + which was not so well judged, especially while the exportation of + unwrought wool was so much allowed and encouraged. A like injudicious law + was made against the exportation of manufactured iron.[**] + </p> + <p> + It appears from a record in the exchequer, that in 1354 the exports of + England amounted to two hundred and ninety-four thousand one hundred and + eighty-four pounds seventeen shillings and twopence; the imports to + thirty-eight thousand nine hundred and seventy pounds three shillings and + sixpence, money of that time. This is a great balance, considering that it + arose wholly from the exportation of raw wool and other rough materials. + The import was chiefly linen and fine cloth, and some wine. England seems + to have been extremely drained at this time by Edward’s foreign + expeditions and foreign subsidies, which probably was the reason why the + exports so much exceed the imports. + </p> + <p> + The first toll we read of in England for mending the highways, was imposed + in this reign: it was that for repairing the road between St. Giles’s and + Temple Bar.[***] + </p> + <p> + In the first of Richard II., the parliament complain extremely of the + decay of shipping during the preceding reign, and assert that one seaport + formerly contained more vessels than were then to be found in the whole + kingdom. This calamity they ascribe to the arbitrary seizure of ships by + Edward for the service of his frequent expeditions.[****] The parliament + in the fifth of Richard renew the same complaint;[*****] and we likewise + find it made in the forty-sixth of Edward III. + </p> +<pre xml:space="preserve"> + * 11 Edward III. cap. 5. Rymer, vol. iv. p. 723. Murimuth p. + 88. + + ** 11 Edward III. cap. 2. + + *** 28 Edward III. cap. 5. + + **** Rymer, vol. v. p. 520. + +</pre> + <p> + So false is the common opinion that this reign was favorable to commerce. + </p> + <p> + There is an order of this king, directed to the mayor and sheriffs of + London, to take up all ships of forty ton and upwards, to be converted + into ships of war.[*] + </p> + <p> + The parliament attempted the impracticable scheme of reducing the price of + labor after the pestilence, and also that of poultry,[**] A reaper, in the + first week of August, was not allowed above twopence a day, or near + sixpence of our present money; in the second week, a third more. A master + carpenter was limited through the whole year to threepence a day, a common + carpenter to twopence, money of that age.[***] It is remarkable that, in + the same reign, the pay of a common soldier, an archer, was sixpence a + day; which, by the change both in denomination and value, would be + equivalent to near five shillings of our present money.[****] Soldiers + were then enlisted only for a very short time; they lived idle all the + rest of the year, and commonly all the rest of their lives: one successful + campaign, by pay and plunder, and the ransom of prisoners, was supposed to + be a small fortune to a man; which was a great allurement to enter into + the service.[*****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 664. + + ** 37 Edward III. cap. 3. + + **** 25 Edward III, cap. I. 3. + + ****** Brady’s Hist. vol. ii. App No. 92. +</pre> + <p> + The staple of wool, wool-fells, leather, and lead, was fixed by act of + parliament in particular towns of England.[*] Afterwards it was removed by + law to Calais: but Edward, who commonly deemed his prerogative above law, + paid little regard to these statutes; and when the parliament remonstrated + with him on account of those acts of power, he plainly told them, that he + would proceed in that matter as he thought proper.[**] It is not easy to + assign the reason of this great anxiety for fixing a staple; unless, + perhaps, it invited foreigners to a market, when they knew beforehand, + that they should there meet with great choice of any particular species of + commodity. This policy of inviting foreigners to Calais was carried so + far, that all English merchants were prohibited by law from exporting any + English goods from the staple; which was in a manner the total abandoning + of all foreign navigation, except that to Calais;[***] a contrivance + seemingly extraordinary. + </p> +<pre xml:space="preserve"> + *Brady, ibid. + + ** Commodities seem to have risen since the conquest. + Instead of being ten times cheaper than at present, they + were, in the age of Edward III., only three or four times. + This change seems to have taken place in a great measure + since Edward I. The allowance granted by Edward III. to the + earl of Murray, then a prisoner in Nottingham Castle, is one + pound a week; whereas the bishop of St. Andrews, the primate + of Scotland, had only sixpence a day allowed him by Edward + I. + + *** 27 Edward III. +</pre> + <p> + The pay of a man at arms was quadruple. We may therefore conclude, that + the numerous armies mentioned by historians in those times, consisted + chiefly of ragamuffins who followed the camp, and lived by plunder. + Edward’s army before Calais consisted of thirty-one thousand and + ninety-four men; yet its pay for sixteen months was only one hundred and + twenty-seven thousand two hundred and one pounds. + </p> + <p> + It was not till the middle of this century that the English began to + extend their navigation even to the Baltic;[*] nor till the middle of the + subsequent, that they sailed to the Mediterranean.[**] + </p> + <p> + Luxury was complained of in that age, as well as in others of more + refinement; and attempts were made by parliament to restrain it, + particularly on the head of apparel, where surely it is the most obviously + innocent and inoffensive. No man under a hundred a year was allowed to + wear gold, silver, or silk in his clothes; servants, also, were prohibited + from eating flesh meat, or fish, above once a day.[***] By another law it + was ordained, that no one should be allowed, either for dinner or supper, + above three dishes in each course, and not above two courses; and it is + likewise expressly declared that “soused” meat is to count as one of these + dishes.[****] It was easy to foresee that such ridiculous laws must prove + ineffectual, and could never be executed. + </p> + <p> + The use of the French language, in pleadings and public deeds, was + abolished.[*****] It may appear strange, that the nation should so long + have worn this badge of conquest: but the king and nobility seem never to + have become thoroughly English, or to have forgotten their French + extraction, till Edward’s wars with France gave them an antipathy to that + nation. Yet still it was long before the use of the English tongue came + into fashion. The first English paper which we meet with in Rymer is in + the year 1386, during the reign of Richard II.[******] + </p> +<pre xml:space="preserve"> + * Cotton, p. 117. + + ** 27 Edward III. cap. 7. + + *** Anderson, vol. i. p. 151. + + **** Anderson, vol. i. p. 177. + + ****** 10 Edward III., 36 Edward III. cap. 15. + + ******* Rymer, vol. vii. p. 526. This paper, by the style, + seems to have been drawn by the Scots, and was signed by the + wardens of the marches only. +</pre> + <p> + There are Spanish papers in that collection of more ancient date:[*] and + the use of the Latin and French still continued. We may judge of the + ignorance of this age in geography, from a story told by Robert of + Avesbury. Pope Clement VI having, in 1344, created Lewis of Spain prince + of the Fortunate Islands, meaning the Canaries, then newly discovered, the + English ambassador at Rome and his retinue were seized with an alarm, that + Lewis had been created king of England; and they immediately hurried home, + in order to convey this important intelligence. Yet such was the ardor for + study at this time, that Speed in his Chronicle informs us, there were + then thirty thousand students in the university of Oxford alone. What was + the occupation of all these young men? To learn very bad Latin, and still + worse logic. + </p> + <p> + In 1364, the commons petitioned, that, in consideration of the preceding + pestilence, such persons as possessed manors holding of the king in chief, + and had let different leases without obtaining licenses, might continue to + exercise the same power, till the country were become more populous.[**] + The commons were sensible, that this security of possession was a good + means for rendering the kingdom prosperous and flourishing; yet durst not + apply, all at once, for a greater relaxation of their chains. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vi. p. 654. + + ** Cotton, p. 97. +</pre> + <p> + There is not a reign among those of the ancient English monarchs, which + deserves more to be studied than that of Edward III., nor one where the + domestic transactions will better discover the true genius of that kind of + mixed government, which was then established in England. The struggles + with regard to the validity and authority of the Great Charter were now + over: the king was acknowledged to lie under some limitations: Edward + himself was a prince of great capacity, not governed by favorites, nor led + astray by any unruly passion, sensible that nothing could be more + essential to his interests than to keep on good terms with his people: + yet, on the whole, it appears that the government at best was only a + barbarous monarchy, not regulated by any fixed maxims, or bounded by any + certain undisputed rights, which in practice were regularly observed. The + king conducted himself by one set of principles, the barons by another, + the commons by a third, the clergy by a fourth. All these systems of + government were opposite and incompatible: each of them prevailed in its + turn, as incidents were favorable to it: a great prince rendered the + monarchical power predominant; the weakness of a king gave reins to the + aristocracy; a superstitious age saw the clergy triumphant; the people, + for whom chiefly government was instituted, and who chiefly deserve + consideration, were the weakest of the whole. But the commons, little + obnoxious to any other order, though they sunk under the violence of + tempests, silently reared their head in more peaceable times; and while + the storm was brewing, were courted by all sides, and thus received still + some accession to their privileges, or, at worst, some confirmation of + them. + </p> + <p> + It has been an established opinion that gold coin was not struck till this + reign; but there has lately been found proof that it is as ancient as + Henry III.[*] + </p> +<pre xml:space="preserve"> + * See Observations on the more ancient Statutes, p. 375, 3d + edit. +</pre> + <p> + <a name="link2HCH0006" id="link2HCH0006"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XVII. + </h2> + <p> + <a name="linkimage-0007" id="linkimage-0007"> + <!-- IMG --></a> <a href="images/1_237_richard2.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_237_richard2_th.jpg" style="width:100%;" title="Richard II." alt="1_237_richard2.jpg Richard II. " /><br /> + </div> + <p> + <a name="link2H_4_0012" id="link2H_4_0012"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + RICHARD II. + </h2> + <p class="side"> + 1377. + </p> + <p> + THE parliament which was summoned soon after the king’s accession, was + both elected and assembled in tranquillity; and the great change, from a + sovereign of consummate wisdom and experience to a boy of eleven years of + age, was not immediately felt by the people. The habits of order and + obedience which the barons had been taught, during the long reign of + Edward, still influenced them; and the authority of the king’s three + uncles, the dukes of Lancaster, York, and Glocester, sufficed to repress, + for a time, the turbulent spirit to which that order, in a weak reign, was + so often subject. The dangerous ambition, too, of these princes themselves + was checked, by the plain and undeniable title of Richard, by the + declaration of it made in parliament, and by the affectionate regard which + the people bore to the memory of his father, and which was naturally + transferred to the young sovereign upon the throne. The different + characters, also, of these three princes rendered them a counterpoise to + each other; and it was natural to expect, that any dangerous designs which + might be formed by one brother, would meet with opposition from the + others. Lancaster, whose age and experience, and authority under the late + king, gave him the ascendant among them, though his integrity seemed not + proof against great temptations, was neither of an enterprising spirit, + nor of a popular and engaging temper. York was indolent, inactive, and of + slender capacity. Glocester was turbulent, bold, and popular; but being + the youngest of the family, was restrained by the power and authority of + his elder brothers. There appeared, therefore, no circumstance in the + domestic situation of England which might endanger the public peace, or + give any immediate apprehensions to the lovers of their country. + </p> + <p> + But as Edward, though he had fixed the succession to the crown, had taken + no care to establish a plan of government during the minority of his + grandson, it behoved the parliament to supply this defect; and the house + of commons distinguished themselves by taking the lead on the occasion. + This house, which had been rising to consideration during the whole course + of the late reign, naturally received an accession of power during the + minority; and as it was now becoming a scene of business, the members + chose for the first time a speaker, who might preserve order in their + debates, and maintain those forms which are requisite in all numerous + assembles. Peter de la Mare was the man pitched on; the same person that + had been imprisoned and detained in custody by the late king for his + freedom of speech, in attacking the mistress and the ministers of that + prince. But though this election discovered a spirit of liberty in the + commons, and was followed by further attacks, both on these ministers and + on Alice Pearce,[*] they were still too sensible of their great + inferiority to assume at first any immediate share in the administration + of government, or the care of the king’s person. They were content to + apply by petition to the lords for that purpose, and desire them both to + appoint a council of nine, who might direct the public business, and to + choose men of virtuous life and conversation, who might inspect the + conduct and education of the young prince. The lords complied with the + first part of this request, and elected the bishops of London, Carlisle, + and Salisbury, the earls of Marche and Stafford, Sir Richard de Stafford, + Sir Henry le Scrope, Sir John Devereux, and Sir Hugh Segrave, to whom they + gave authority for a year to conduct the ordinary course of business.[**] + But as to the regulation of the king’s household, they declined + interposing in an office which, they said, both was invidious in itself, + and might prove disagreeable to his majesty. + </p> +<pre xml:space="preserve"> + * Walsing. p. 150. + + ** Rymer, vol. vii. p. 161. +</pre> + <p> + The commons, as they acquired more courage, ventured to proceed a step + farther in their applications. They presented a petition, in which they + prayed the king to check the prevailing custom among the barons of forming + illegal confederacies, and supporting each other, as well as men of + inferior rank, in the violations of law and justice. They received from + the throne a general and an obliging answer to this petition: but another + part of their application, that all the great officers should, during the + king’s minority, be appointed by parliament, which seemed to require the + concurrence of the commons, as well as that of the upper house, in the + nomination, was not complied with: the lords alone assumed the power of + appointing these officers. The commons tacitly acquiesced in the choice; + and thought that, for, the present, they themselves had proceeded a + sufficient length, if they but advanced their pretensions, though + rejected, of interposing in these more important matters of state. + </p> + <p> + On this footing then the government stood. The administration was + conducted entirely in the king’s name: no regency was expressly appointed: + the nine counsellors and the great officers named by the peers, did their + duty each in his respective department; and the whole system was for some + years kept together, by the secret authority of the king’s uncles, + especially of the duke of Lancaster, who was in reality the regent. + </p> + <p> + The parliament was dissolved, after the commons had represented the + necessity of their being reassembled once every year, as appointed by law; + and after having elected two citizens as their treasurers, to receive and + disburse the produce of two fifteenths and tenths, which they had voted to + the crown. In the other parliaments called during the minority, the + commons still discover a strong spirit of freedom, and a sense of their + own authority, which, without breeding any disturbance, tended to secure + their independence and that of the people.[*] <a href="#linknote-11" + name="linknoteref-11" id="linknoteref-11">11</a> + </p> +<pre xml:space="preserve"> + * See note K, at the end of the volume. +</pre> + <p> + Edward had left his grandson involved in many dangerous wars. The + pretensions of the duke of Lancaster to the crown of Castile, made that + kingdom still persevere in hostilities against England. Scotland, whose + throne was now filled by Robert Stuart, nephew to David Bruce, and the + first prince of that family, maintained such close connections with + France, that war with one crown almost inevitably produced hostilities + with the other. The French monarch, whose prudent conduct had acquired him + the surname of Wise, as he had already baffled all the experience and + valor of the two Edwards, was likely to prove a dangerous enemy to a minor + king: but his genius, which was not naturally enterprising, led him not at + present to give any disturbance to his neighbors; and he labored, besides, + under many difficulties at home, which it was necessary for him to + surmount, before he could think of making conquests in a foreign country. + England was master of Calais, Bordeaux, and Bayonne; had lately acquired + possession of Cherbourg from the cession of the king of Navarre, and of + Brest from that of the duke of Brittany;[*] and having thus an easy + entrance into France from every quarter, was able, even in its present + situation, to give disturbance to his government. Before Charles could + remove the English from these important posts, he died in the flower of + his age, and left his kingdom to a minor son who bore the name of Charles + VI. + </p> + <p class="side"> + 1378. + </p> + <p> + Meanwhile the war with France was carried on in a manner somewhat languid, + and produced no enterprise of great lustre or renown. Sir Hugh Calverly, + governor of Calais, making an inroad into Picardy with a detachment of the + garrison, set fire to Boulogne.[**] The duke of Lancaster conducted an + army into Brittany, but returned without being able to perform any thing + memorable. + </p> + <p class="side"> + 1380. + </p> + <p> + In a subsequent year, the duke of Glocester marched out of Calais with a + body of two thousand cavalry and eight thousand infantry, and scrupled + not, with his small army, to enter into the heart of France, and to + continue his ravages through Picardy, Champaigne, the Brie, the Beausse, + the Gatinois, the Orleanois, till he reached his allies in the province of + Brittany.[***] The duke of Burgundy, at the head of a more considerable + army, came within sight of him; but the French were so overawed by the + former successes of the English, that no superiority of numbers could + tempt them to venture a pitched battle with the troops of that nation. As + the duke of Brittany, soon after the arrival of these succors, formed an + accommodation with the court of France, this enterprise also proved in the + issue unsuccessful, and made no durable impression upon the enemy. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vii. p. 190. + + ** Walsing, p. 209. + + *** Froissard, liv. ii. chap. 50, 51. Walsing. p. 239. +</pre> + <p> + The expenses of these armaments, and the usual want of economy attending a + minority, much exhausted the English treasury, and obliged the parliament, + besides making some alterations in the council, to impose a new and + unusual tax of three groats on every person, male and female, above + fifteen years of age; and they ordained that, in levying that tax, the + opulent should relieve the poor by an equitable compensation. This + imposition produced a mutiny, which was singular in its circumstances. All + history abounds with examples where the great tyrannize over the meaner + sort; but here the lowest populace rose against their rulers, committed + the most cruel ravages upon them, and took vengeance for all former + oppressions. + </p> + <p class="side"> + 1381. + </p> + <p> + The faint dawn of the arts and of good government in that age, had excited + the minds of the populace, in different states of Europe, to wish for a + better condition, and to murmur against those chains which the laws + enacted by the haughty nobility and gentry, had so long imposed upon them. + The commotions of the people in Flanders, the mutiny of the peasants in + France, were the natural effects of this growing spirit of independence; + and the report of these events being brought into England, where personal + slavery, as we learn from Froissard,[*] was more general than in any other + country in Europe, had prepared the minds of the multitude for an + insurrection. One John Ball, also, a seditious preacher, who affected low + popularity, went about the country and inculcated on his audience the + principles of the first origin of mankind from one common stock, their + equal right to liberty and to all the goods of nature, the tyranny of + artificial distinctions, and the abuses which had arisen from the + degradation of the more considerable part of the species, and the + aggrandizement of a few insolent rulers.[**] These doctrines, so agreeable + to the populace, and so conformable to the ideas of primitive equality + which are engraven in the hearts of all men, were greedily received by the + multitude, and scattered the sparks of that sedition which the present tax + raised into a conflagration.[***] + </p> +<pre xml:space="preserve"> + * Liv. ii. chap. 74. + + ** Froissard, liv. ii. chap. 74. Walsing. p. 275. + + *** There were two verses at that time in the mouths of all + the common people, which, in spite of prejudice, one cannot + but regard with some degree of approbation:— + + When Adam delv’d and Eve span, + Where was then the gentleman? +</pre> + <p> + The imposition of three groats a head had been farmed out to tax-gatherers + in each county, who levied the money on the people with rigor; and the + clause, of making the rich ease their poorer neighbors of some share of + the burden, being so vague and undeterminate, had doubtless occasioned + many partialities, and made the people more sensible of the unequal lot + which Fortune had assigned them in the distribution of her favors. The + first disorder was raised by a blacksmith in a village of Essex. The + tax-gatherers came to this man’s shop while he was at work, and they + demanded payment for his daughter, whom he asserted to be below the age + assigned by the statute. One of these fellows offered to produce a very + indecent proof to the contrary, and at the same time laid hold of the + maid; which the father resenting, immediately knocked out the ruffian’s + brains with his hammer. The bystanders applauded the action, and + exclaimed, that it was full time for the people to take vengeance on their + tyrants, and to vindicate their native liberty. They immediately flew to + arms: the whole neighborhood joined in the sedition: the flame spread in + an instant over the county: it soon propagated itself into that of Kent, + of Hertford, Surrey, Sussex, Suffolk, Norfolk, Cambridge, and Lincoln. + Before the government had the least warning of the danger, the disorder + had grown beyond control or opposition: the populace had shaken off all + regard to their former masters; and being headed by the most audacious and + criminal of their associates, who assumed the feigned names of Wat Tyler, + Jack Straw, Hob Carter, and Tom Miller, by which they were fond of + denoting their mean origin, they committed every where the most outrageous + violence on such of the gentry or nobility as had the misfortune to fall + into their hands. + </p> + <p> + The mutinous populace, amounting to a hundred thousand men, assembled on + Blackheath under their leaders, Tyler and Straw; and as the princess of + Wales, the king’s mother, returning from a pilgrimage to Canterbury, + passed through the midst of them, they insulted her attendants, and some + of the most insolent among them, to show their purpose of levelling all + mankind, forced kisses from her; but they allowed her to continue her + journey, without attempting any further injury.[*] They sent a message to + the king, who had taken shelter in the Tower; and they desired a + conference with him. Richard sailed down the river in a barge for that + purpose; but on his approaching the shore, he saw such symptoms of tumult + and insolence, that he put back and returned to that fortress.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. ii. chap. 74. + + ** Froissard, liv. ii. chap 75. +</pre> + <p> + The seditious peasants, meanwhile, favored by the populace of London, had + broken into the city; had burned the duke of Lancaster’s palace of the + Savoy; cut off the heads of all the gentlemen whom they laid hold of; + expressed a particular animosity against the lawyers and attorneys; and + pillaged the warehouses of the rich merchants.[*] A great body of them + quartered themselves at Mile End; and the king, finding no defence in the + Tower, which was weakly garrisoned and ill supplied with provisions, was + obliged to go out to them and ask their demands. They required a general + pardon, the abolition of slavery, freedom of commerce in market towns + without toll or impost, and a fixed rent on lands, instead of the services + due by villainage. These requests, which, though extremely reasonable in + themselves, the nation was not sufficiently prepared to receive, and which + it was dangerous to have extorted by violence, were, however, complied + with; charters to that purpose were granted them; and this body + immediately dispersed, and returned to their several homes.[**] + </p> + <p> + During this transaction, another body of the rebels had broken into the + Tower; had murdered Simon Sudbury, the primate and chancellor, with Sir + Robert Hales, the treasurer, and some other persons of distinction; and + continued their ravages in the city.[***] + </p> +<pre xml:space="preserve"> + * Froissard, liv. ii, chap. 76. Walsing. p. 248, 249. + + ** Froissard, liv. ii chap. 77. + + *** Walsing, p. 250, 251. +</pre> + <p> + <a name="linkimage-0008" id="linkimage-0008"> + <!-- IMG --></a> <a href="images/1_239_tyler.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_239_tyler_th.jpg" style="width:100%;" title="Wat Tyler" alt="1_239_tyler.jpg Wat Tyler " /><br /> + </div> + <p> + The king, passing along Smithfield, very slenderly guarded, met with Wat + Tyler at the head of these rioters, and entered into a conference with + him. Tyler, having ordered his companions to retire till he should give + them a signal, after which they were to murder all the company except the + king himself, whom they were to detain prisoner, feared not to come into + the midst of the royal retinue. He there behaved himself in such a manner, + that Walworth, the mayor of London, not able to bear his insolence, drew + his sword, and struck him so violent a blow as brought him to the ground, + where he was instantly despatched by others of the king’s attendants. The + mutineers, seeing their leader fall, prepared themselves for revenge; and + this whole company, with the king himself, had undoubtedly perished on the + spot, had it not been for an extraordinary presence of mind which Richard + discovered on the occasion. He ordered his company to stop; he advanced + alone towards the enraged multitude, and accosting them with an affable + and intrepid countenance, he asked them, “What is the meaning of this + disorder my good people? Are ye angry that ye have lost your leader? I am + your king: I will be your leader.” The populace, overawed by his presence, + implicitly followed him. He led them into the fields, to prevent any + disorder which might have arisen by their continuing in the city. Being + there joined by Sir Robert Knolles, and a body of well-armed veteran + soldiers, who had been secretly drawn together, he strictly prohibited + that officer from falling on the rioters, and committing an + undistinguished slaughter upon them; and he peaceably dismissed them with + the same charters which had been granted to their fellows.[*] Soon after, + the nobility and gentry, hearing of the king’s danger, in which they were + all involved, flocked to London, with their adherents and retainers; and + Richard took the field at the head of an army forty thousand strong.[**] + It then behoved all the rebels to submit: the charters of enfranchisement + and pardon were revoked by parliament; the low people were reduced to the + same slavish condition as before; and several of the ringleaders were + severely punished for the late disorders. Some were even executed without + process or form of law.[***] It was pretended, that the intentions of the + mutineers had been to seize the king’s person, to carry him through + England at their head; to murder all the nobility, gentry, and lawyers, + and even all the bishops and priests, except the mendicant friars; to + despatch afterwards the king himself, and, having thus reduced all to a + level, to order the kingdom at their pleasure.[****] It is not impossible + but many of them, in the delirium of their first success, might have + formed such projects: but of all the evils incident to human society, the + insurrections of the populace, when not raised and supported by persons of + higher quality, are the least to be dreaded: the mischiefs consequent to + an abolition of all rank and distinction become so great, that they are + immediately felt, and soon bring affairs back to their former order and + arrangement. + </p> +<pre xml:space="preserve"> + * Froissard, liv. ii. chap. 77. Walsing. p. 252. Knyghton, + p. 2637. + + ** Walsing. p. 267. + + *** 5 Rich. II. cap. ult., as quoted in the Observations on + Ancient Statutes, p. 262. + + **** Walsing. p. 265. +</pre> + <p> + <a name="linkimage-0009" id="linkimage-0009"> + <!-- IMG --></a> <a href="images/1_246_richard.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_246_richard_th.jpg" style="width:100%;" + title="Richard II. Entry Into London" alt="1_246_richard.jpg Richard II. Entry Into London " /><br /> + </div> + <p> + A youth of sixteen, (which was at this time the king’s age) who had + discovered so much courage, presence of mind, and address, and had so + dexterously eluded the violence of this tumult, raised great expectations + in the nation; and it was natural to hope that he would, in the course of + his life, equal the glories which had so uniformly attended his father and + his grandfather in all their undertakings. {1385. + </p> + <p> + But in proportion as Richard advanced in years, these hopes vanished; and + his want of capacity, at least of solid judgment, appeared in every + enterprise which he attempted. The Scots, sensible of their own deficiency + in cavalry, had applied to the regency of Charles VI.; and John de Vienne, + admiral of France, had been sent over with a body of one thousand five + hundred men at arms, to support them in their incursions against the + English. The danger was now deemed by the king’s uncles somewhat serious; + and a numerous army of sixty thousand men was levied, and they marched + into Scotland with Richard himself at their head. The Scots did not + pretend to make resistance against so great a force: they abandoned + without scruple their country to be pillaged and destroyed by the enemy: + and when De Vienne expressed his surprise at this plan of operations, they + told him, that all their cattle was driven into the forests and + fastnesses; that their houses and other goods were of small value; and + that they well knew how to compensate any losses which they might sustain + in that respect, by making an incursion into England. Accordingly, when + Richard entered Scotland by Berwick and the east coast, the Scots, to the + number of thirty thousand men, attended by the French, entered the borders + of England by the west, and carrying their ravages through Cumberland, + Westmoreland, and Lancashire, collected a rich booty, and then returned in + tranquillity to their own country. Richard, meanwhile, advanced towards + Edinburgh, and destroyed in his way all the towns and villages on each + side of him: he reduced that city to ashes: he treated in the same manner + Perth, Dundee, and other places in the low countries; but when he was + advised to march towards the west coast, to await there the return of the + enemy, and to take revenge on them for their devastations, his impatience + to return to England, and enjoy his usual pleasures and amusements, + outweighed every consideration; and he led back his army without effecting + any thing by all these mighty preparations. The Scots, soon after, finding + the heavy bodies of French cavalry very useless in that desultory kind of + war to which they confined themselves, treated their allies so ill, that + the French returned home, much disgusted with the country and with the + manners of its inhabitants.[*] And the English, though they regretted the + indolence and levity of their king, saw themselves for the future secured + against any dangerous invasion from that quarter. + </p> + <p class="side"> + 1386. + </p> + <p> + But it was so material an interest of the French court to wrest the + seaport towns from the hands of their enemy, that they resolved to attempt + it by some other expedient, and found no means so likely as an invasion of + England itself. They collected a great fleet and army at Sluise; for the + Flemings were now in alliance with them: all the nobility of France were + engaged in this enterprise: the English were kept in alarm: great + preparations were made for the reception of the invaders: and though the + dispersion of the French ships by a storm, and the taking of many of them + by the English, before the embarkation of the troops, freed the kingdom + from the present danger, the king and council were fully sensible that + this perilous situation might every moment return upon them.[**] + </p> + <p> + There were two circumstances, chiefly, which engaged the French at this + time to think of such attempts. The one was the absence of the duke of + Lancaster, who had carried into Spain the flower of the English military + force, in prosecution of his vain claim to the crown of Castile; an + enterprise in which, after some promising success, he was finally + disappointed: the other was, the violent dissensions and disorders which + had taken place in the English government. + </p> + <p> + The subjection in which Richard was held by his uncles, particularly by + the duke of Glocester, a prince of ambition and genius, though it was not + unsuitable to his years and slender capacity, was extremely disagreeable + to his violent temper; and he soon attempted to shake off the yoke imposed + upon him. Robert de Vere, earl of Oxford, a young man of a noble family, + of an agreeable figure, but of dissolute manners, had acquired an entire + ascendant over him, and governed him with an absolute authority. The king + set so little bounds to his affection, that he first created his favorite + marquis of Dublin, a title before unknown in England, then duke of + Ireland; and transferred to him by patent, which was confirmed in + parliament, the entire sovereignty for life of that island.[***] + </p> +<pre xml:space="preserve"> + * Froissard, liv. ii. chap. 149, 150, etc., liv. iii. chap. + 52. Walsing p. 316, 317. + + ** Froissard, liv. iii. chap. 41, 53. Walsing. p. 322, + 323. + + *** Cotton, p. 310, 311. Cox, Hist. of Ireland, p. 129. + Walsing, p. 324. +</pre> + <p> + He gave him in marriage his cousin-german, the daughter of Ingelram de + Couci, earl of Bedford; but soon after he permitted him to repudiate that + lady, though of an unexceptionable character, and to marry a foreigner, a + Bohemian, with whom he had become enamored.[*] These public declarations + of attachment turned the attention of the whole court towards the minion: + all favors passed through his hands: access to the king could only be + obtained by his mediation: and Richard seemed to take no pleasure in royal + authority, but so far as it enabled him to load with favors, and titles, + and dignities, this object of his affections. + </p> +<pre xml:space="preserve"> + * Walsing. p. 228. +</pre> + <p> + The jealousy of power immediately produced an animosity Between the minion + and his creatures on the one hand, and the princes of the blood and chief + nobility on the other; and the usual complaints against the insolence of + favorites were loudly echoed, and greedily received, in every part of the + kingdom. Moubray, earl of Nottingham, the mareschal, Fitz-Alan, earl of + Arundel, Piercy, earl of Northumberland, Montacute, earl of Salisbury, + Beauchamp, earl of Warwick, were all connected with each other, and with + the princes, by friendship or alliance, and still more by their common + antipathy to those who had eclipsed them in the king’s favor and + confidence. No longer kept in awe by the personal character of the prince, + they scorned to submit to his ministers; and the method which they took to + redress the grievance complained of well suited the violence of the age, + and proves the desperate extremities to which every opposition was sure to + be instantly carried. + </p> + <p> + Michael de la Pole, the present chancellor, and lately created earl of + Suffolk, was the son of an eminent merchant; but had risen by his + abilities and valor during the wars of Edward III., had acquired the + friendship of that monarch, and was esteemed the person of greatest + experience and capacity among those who were attached to the duke of + Ireland and the king’s secret council. The duke of Glocester, who had the + house of commons at his devotion, impelled them to exercise that power + which they seem first to have assumed against Lord Latimer during the + declining years of the late king; and an impeachment against the + chancellor was carried up by them to the house of peers, which was no less + at his devotion. The king foresaw the tempest preparing against him and + his ministers. After attempting in vain to rouse the Londoners to his + defence, he withdrew from parliament, and retired with his court to + Eltham. The parliament sent a deputation, inviting him to return, and + threatening that, if he persisted in absenting himself, they would + immediately dissolve, and leave the nation, though at that time in + imminent danger of a French invasion, without any support or supply for + its defence. At the same time, a member was encouraged to call for the + record containing the parliamentary deposition of Edward II.; a plain + intimation of the fate which Richard, if he continued refractory, had + reason to expect from them. The king, finding himself unable to resist, + was content to stipulate that, except finishing the present impeachment + against Suffolk, no attack should be made upon any other of his ministers; + and on that condition he returned to the parliament.[*] <a + href="#linknote-12" name="linknoteref-12" id="linknoteref-12">12</a> + </p> + <p> + Nothing can prove more fully the innocence of Suffolk, than the + frivolousness of the crimes which his enemies, in the present plenitude of + their power, thought proper to object against him.[**] It was alleged, + that being chancellor, and obliged by his oath to consult the king’s + profit, he had purchased lands of the crown below their true value; that + he had exchanged with the king a perpetual annuity of four hundred marks a + year, which he inherited from his father, and which was assigned upon the + customs of the port of Hull, for lands of an equal income; that having + obtained for his son the priory of St. Anthony, which was formerly + possessed by a Frenchman, an enemy and a schismatic, and a new prior being + at the same time named by the pope, he had refused to admit this person, + whose title was not legal, till he made a composition with his son, and + agreed to pay him a hundred pounds a year from the income of the benefice; + that he had purchased, from one Tydeman, of Limborch, an old and forfeited + annuity of fifty pounds a year upon the crown, and had engaged the king to + admit that bad debt; and that, when created earl of Suffolk, he had + obtained a grant of five hundred pounds a year to support the dignity of + that title.[***] + </p> +<pre xml:space="preserve"> + * See note L, at the end of the volume. + + ** Cotton, p. 315. Knyghton, p. 2683. + + *** It is probable that the earl of Suffolk was not rich, nor + able to support the dignity without the bounty of the crown; + for his father, Michael de la Pole, though a great merchant, + had been ruined by lending money to the late king. See + Cotton, p. 194. +</pre> + <p> + We may even the proof of these articles, frivolous as they are, was found + very deficient upon the trial: it appeared that Suffolk had made no + purchase from the crown while he was chancellor, and that all his bargains + of that kind were made before he was advanced to that dignity.[*] It is + almost needless to add, that he was condemned, notwithstanding his + defence; and that he was deprived of his office. + </p> + <p> + Glocester and his associates observed their stipulation with the king, and + attacked no more of his ministers: but they immediately attacked himself + and his royal dignity, and framed a commission after the model of those + which had been attempted almost in every reign since that of Richard I., + and which had always been attended with extreme confusion.[**] By this + commission, which was ratified by parliament, a council of fourteen + persons was appointed, all of Glocester’s faction, except Nevil, + archbishop of York: the sovereign power was transferred to these men for a + twelvemonth: the king, who had now reached the twenty-first year of his + age, was in reality dethroned: the aristocracy was rendered supreme: and + though the term of the commission was limited, it was easy to foresee that + the intentions of the party were to render it perpetual, and that power + would with great difficulty be wrested from those grasping hands to which + it was once committed. Richard, however, was obliged to submit: he signed + the commission which violence had extorted from him; he took an oath never + to infringe it; and though at the end of the session he publicly entered a + protest, that the prerogatives of the crown, notwithstanding his late + concession, should still be deemed entire and unimpaired,[***] the new + commissioners, without regarding this declaration, proceeded to the + exercise of their authority. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vii. p. 481. Cotton, p. 31. + + ** Cotton, p. 315. + + *** Knyghton, p. 2686. Statutes at large, 10 Rich. II. chap. + I. +</pre> + <p class="side"> + 1887. + </p> + <p> + The king, thus dispossessed of royal power, was soon sensible of the + contempt into which he was fallen. His favorites and ministers, who were + as yet allowed to remain about his person, failed not to aggravate the + injury which without any demerit on his part, had been offered to him. And + his eager temper was of itself sufficiently inclined to remark that the + dukes of Glocester and York, though vastly rich received at the same time + each of them a thousand pounds a year top support their dignity and to + seek the means, both of recovering his authority, and of revenging himself + on those who had invaded it. As the house of commons appeared now of + weight in the constitution, he secretly tried some expedients for + procuring a favorable election: he sounded some of the sheriffs, who, + being at that time both the returning officers, and magistrates of great + power in the counties, had naturally considerable influence in + elections.[*] But as most of them had been appointed by his uncles, either + during his minority or during the course of the present commission, he + found them in general averse to his enterprise. The sentiments and + inclinations of the judges were more favorable to him. He met at + Nottingham Sir Robert Tresilian, chief justice of the king’s bench, Sir + Robert Belknappe, chief justice of the common pleas, Sir John Gary, chief + baron of the exchequer, Holt, Fulthorpe, and Bourg, inferior justices, and + Lockton, serjeant at law; and he proposed to them some queries, which + these lawyers, either from the influence of his authority or of reason, + made no scruple of answering in the way he desired. They declared that the + late commission was derogatory to the royalty and prerogative of the king; + that those who procured it, or advised the king to consent to it, were + punishable with death; that those who necessitated and compelled him were + guilty of treason; that those were equally criminal who should persevere + in maintaining it; that the king has the right of dissolving parliaments + at pleasure; that the parliament, while it sits, must first proceed upon + the king’s business; and that this assembly cannot without his consent + impeach any of his ministers and judges.[**] Even according to our present + strict maxims with regard to law and the royal prerogative, all these + determinations, except the two last, appear justifiable: and as the great + privileges of the commons, particularly that of impeachment, were hitherto + new and supported by few precedents, there want not plausible reasons to + justify these opinions of the judges.[***] + </p> +<pre xml:space="preserve"> + * In the preamble to 5 Henry IV. cap. vii. it is implied, + that the sheriffs in a manner appointed the members of the + house of commons, not only in this parliament, but in many + others. + + ** Knyghton, p. 2694. Ypod. Neust. p. 541. + + *** The parliament, in 1341, exacted of Edward III., that on + the third day of every session, the king should resume all + the great offices; and that the ministers should then answer + to any accusation that should be brought against them; which + plainly implies, that, while ministers they could not be + accused or impeached in parliament, therefore, their answer + to the king’s queries before the archhishops of York and + Dublin, the bishops of Durham, Chichester, and Bangor, the + duke of Ireland, the earl of Suffolk, and two other + counsellors of inferior quality. Henry IV. told the + commons that the usage of parliament required them to go + first through the king’s business In granting supplies; + which order the king intended not to alter. Parl. Hist. vol. + ii. p. 65. Upon the whole, it must be allowed that, + according to ancient practice and principles, there are at + least plausible grounds for all these opinions of the + judges. It must be remarked, that this affirmation of Henry + IV. was given deliberately, after consulting the house of + peers, who were much better acquainted with the usage of + parliament than the ignorant commons. And it has the greater + authority, because Henry IV. had made this very principle a + considerable article of charge against his predecessor; and + that a very few years before. So ill grounded were most of + the imputations thrown on the unhappy Richard. +</pre> + <p> + They obliged the king to summon a parliament, which was entirely at their + devotion, they had full power, by observing a few legal forms, to take + vengeance on all their enemies. Five great peers, men whose combined power + was able at any time to shake the throne,—the duke of Glocester, the + king’s uncle; the earl of Derby, son of the duke of Lancaster; the earl of + Arundel; the earl of Warwick; and the earl of Nottingham, mareschal of + England,—entered before the parliament an accusation, or appeal, as + it was called, against the five counsellors whom they had already accused + before the king. The parliament, who ought to have been judges, were not + ashamed to impose an oath on all their members, by which they bound + themselves to live and die with the lords appellants, and to defend them + against all opposition with their lives and fortunes.[*] + </p> +<pre xml:space="preserve"> + * Cotton, p. 322. +</pre> + <p> + The duke of Glocester and his adherents soon got intelligence of this + secret consultation, and were naturally very much alarmed at it. They saw + the king’s intentions; and they determined to prevent the execution of + them. As soon as he came to London, which they knew was well disposed to + their party, they secretly assembled their forces, and appeared in arms at + Haringay Park, near Highgate, with a power which Richard and his ministers + were not able to resist. They sent him a message by the archbishop of + Canterbury, and the lords Lovel Cobham, and Devereux, and demanded that + the persons who had seduced him by their pernicious counsel, and were + traitors both to him and to the kingdom, should be delivered up to them. A + few days after, they appeared in his presence, armed, and attended with + armed followers; and they accused by name the archbishop of York, the duke + of Ireland, the earl of Suffolk, Sir Robert Tresilian, and Sir Nicholas + Brembre, as public and dangerous enemies to the state. They threw down + their gauntlets before the king, and fiercely offered to maintain the + truth of their charge by duel. The persons accused, and all the other + obnoxious ministers, had withdrawn or had concealed themselves. + </p> + <p> + The duke of Ireland fled to Cheshire, and levied some forces, with which + he advanced to relieve the king from the violence of the nobles. Glocester + encountered him in Oxfordshire with much superior forces; routed him, + dispersed his followers, and obliged him to fly into the Low Countries, + where he died in exile a few years after. + </p> + <p> + The other proceedings were well suited to the violence and iniquity of the + times. A charge consisting of thirty-nine articles, was delivered in by + the appellants; and as none of the accused counsellors, except Sir + Nicholas Brembre, was in custody, the rest were cited to appear; and upon + their absenting themselves, the house of peers, after a very short + interval, without hearing a witness, without examining a fact, or + deliberating on one point of law, declared them guilty of high treason. + Sir Nicholas Brembre, who was produced in court, had the appearance, and + but the appearance, of a trial: the peers, though they were not by law his + proper judges, pronounced, in a very summary manner, sentence of death + upon him; and he was executed, together with Sir Robert Tresilian, who had + been discovered and taken in the interval. + </p> + <p> + It would be tedious to recite the whole charge delivered in against the + five counsellors; which is to be met with in several collections.[*] + </p> +<pre xml:space="preserve"> + * Knyghton, p. 2715. Tyrrel, vol iii. part ii p. 919, from + the records. Parl. Hist. vol. i. p. 414 +</pre> + <p> + It is sufficient to observe in general, that if we reason upon the + supposition, which is the true one, that the royal prerogative was invaded + by the commission extorted by the duke of Glocester and his associates, + and that the king’s person was afterwards detained in custody by rebels, + many of the articles will appear not only to imply no crime in the duke of + Ireland and the ministers, but to ascribe to them actions which were + laudable, and which they were bound by their allegiance to perform. The + few articles impeaching the conduct of these ministers before that + commission, which subverted the constitution, and annihilated all justice + and legal authority, are vague and general; such as their engrossing the + king’s favor, keeping his barons at a distance from him, obtaining + unreasonable grants for themselves or their creatures, and dissipating the + public treasure by useless expenses. No violence is objected to them; no + particular illegal act;[*] no breach of any statute; and their + administration may therefore be concluded to have been so far innocent and + inoffensive. All the disorders indeed seem to have proceeded not from any + violation of the laws, or any ministerial tyranny, but merely from a + rivalship of power, which the duke of Glocester and the great nobility, + agreeably to the genius of the times, carried to the utmost extremity + against their opponents, without any regard to reason, justice, or + humanity. + </p> + <p> + But these were not the only deeds of violence committed during the triumph + of the party. All the other judges who had signed the extrajudicial + opinions at Nottingham, were condemned to death, and were, as a grace or + favor, banished to Ireland; though they pleaded the fear of their lives, + and the menaces of the king’s ministers as their excuse. Lord Beauchamp of + Holt, Sir James Berners, and John Salisbury, were also tried and condemned + for high treason, merely because they had attempted to defeat the late + commission: but the life of the latter was spared. The fate of Sir Simon + Burley was more severe: this gentleman was much beloved for his personal + merit, had distinguished himself by many honorable actions,[*] <a + href="#linknote-13" name="linknoteref-13" id="linknoteref-13">13</a> was + created knight of the garter, and had been appointed governor to Richard, + by the choice of the late king and of the Black Prince: he had attended + his master from the earliest infancy of that prince, and had ever remained + extremely attached to him: yet all these considerations could not save him + from falling a victim to Glocester’s vengeance. + </p> +<pre xml:space="preserve"> + * See note M, at the end of the volume. +</pre> + <p> + This execution, more than all the others, made a deep impression on the + mind of Richard; his queen too (for he was already married to the sister + of the emperor Winceslaus, King of Bohemia) interested herself in behalf + of Burley: she remained three hours on her knees before the duke of + Glocester, pleading for that gentleman’s life; but though she was become + extremely popular by her amiable qualities, which had acquired her the + appellation of “the good Queen Anne,” her petition was sternly rejected by + the inexorable tyrant.[*] + </p> +<pre xml:space="preserve"> + * At least this is the character given of him by Froissard, + (liv. ii.) who knew him personally. Walsingham (p. 334) + gives a very different character of him; but he is a writer + somewhat passionate and partial; and the choice made of this + gentleman, by Edward III. and the Black Prince, for the + education of Richard, makes the character given him by + Froissard much more probable. +</pre> + <p> + The parliament concluded this violent scene by a declaration, that none of + the articles decided on these trials to be treason, should ever afterwards + be drawn into precedent by the judges, who were still to consider the + statute of the twenty-fifth of Edward as the rule of their decisions. The + house of lords seem not at that time to have known or acknowledged the + principle, that they themselves were bound, in their judicial capacity, to + follow the rules which they, in conjunction with the king and commons, had + established in their legislature.[*] <a href="#linknote-14" + name="linknoteref-14" id="linknoteref-14">14</a> It was also enacted, that + every one should swear to the perpetual maintenance and support of the + forfeitures and attainders, and of all the other acts passed during this + parliament. The archbishop of Canterbury added the penalty of + excommunication, as a further security to these violent transactions. + </p> +<pre xml:space="preserve"> + * See note N, at the end of the volume. +</pre> + <p class="side"> + 1389. + </p> + <p> + It might naturally be expected, that the king, being reduced to such + slavery by the combination of the princes and chief nobility, and having + appeared so unable to defend his servants from the cruel effects of their + resentment, would long remain in subjection to them; and never would + recover the royal power, without the most violent struggles and + convulsions: but the event proved contrary. In less than a twelvemonth, + Richard, who was in his twenty-third year, declared in council, that, as + he had now attained the full age which entitled him to govern by his own + authority his kingdom and household, he resolved to exercise his right of + sovereignty; and when no one ventured to contradict so reasonable an + intention, he deprived Fitz-Alan, archbishop of Canterbury, of the dignity + of chancellor, and bestowed that high office on William of Wickham, bishop + of Winchester; the bishop of Hereford was displaced from the office of + treasurer; the earl of Arundel from that of admiral; even the duke of + Glocester and the earl of Warwick were removed for a time from the + council: and no opposition was made to these great changes. The history of + this reign is imperfect, and little to be depended on, except where it is + supported by public records; and it is not easy for us to assign the + reason of this unexpected event. Perhaps some secret animosities, + naturally to be expected in that situation, had crept in among the great + men, and had enabled the king to recover his authority. Perhaps the + violence of their former proceedings had lost them the affections of the + people, who soon repent of any cruel extremities to which they are carried + by their leaders. However this may be, Richard exercised with moderation + the authority which he had resumed. He seemed to be entirely reconciled to + his uncles[*] and the other great men, of whom he had so much reason to + complain: he never attempted to recall from banishment the duke of + Ireland, whom he found so obnoxious to them: he confirmed by proclamation + the general pardon which the parliament had passed for all offences; and + he courted the affections of the people, by voluntarily remitting some + subsidies which had been granted him: a remarkable, and almost singular + instance of such generosity. + </p> + <p> + After this composure of domestic differences, and this restoration of the + government to its natural state, there passes an interval of eight years + which affords not many remarkable events. The duke of Lancaster returned + from Spain; having resigned to his rival all pretensions to the crown of + Castile upon payment of a large sum of money,[**] and having married his + daughter, Philippa, to the king of Portugal. The authority of this prince + served to counterbalance that of the duke of Glocester, and secured the + power of Richard, who paid great court to his eldest uncle, by whom he had + never been offended, and whom he found more moderate in his temper than + the younger. He made a cession to him for life of the duchy of + Guienne,[***] which the inclinations and changeable humor of the Gascons + had restored to the English government; but as they remonstrated loudly + against this deed, it was finally, with the duke’s consent, revoked by + Richard.[****] + </p> +<pre xml:space="preserve"> + * Dugdale, vol. ii. p. 170. + + ** Knyghton, p 2677. Walsing p. 342. + + *** Rymer, vol. vii. p. 659. + + **** Rymer, vol. vii. p. 687. 298 HISTORY OF ENGLAND. +</pre> + <p> + There happened an incident which produced a dissension between Lancaster + and his two brothers. After the death of the Spanish princess, he espoused + Catharine Swineford, daughter of a private knight of Hainault, by whose + alliance York and Glocester thought the dignity of their family much + injured; but the king gratified his uncle by passing in parliament a + charter of legitimation to the children whom that lady had borne him + before marriage, and by creating the eldest earl of Somerset.[*] + </p> + <p> + The wars, meanwhile, which Richard had inherited with his crown, still + continued; though interrupted by frequent truces, according to the + practice of that age, and conducted with little vigor, by reason of the + weakness of all parties. The French war was scarcely heard of; the + tranquillity of the northern borders was only interrupted by one inroad of + the Scots, which proceeded more from a rivalship between the two martial + families of Piercy and Douglas, than from any national quarrel: a fierce + battle or skirmish was fought at Otterborne,[**] in which young Piercy, + surnamed Hotspur, from his impetuous valor, was taken prisoner, and + Douglas slain; and the victory remained undecided.[***] Some insurrections + of the Irish obliged the king to make an expedition into that country, + which he reduced to obedience; and he recovered, in some degree, by this + enterprise, his character of courage, which had suffered a little by the + inactivity of his reign. + </p> + <p class="side"> + 1396. + </p> + <p> + At last, the English and French courts began to think in earnest of a + lasting peace; but found it so difficult to adjust their opposite + pretensions, that they were content to establish a truce of twenty-five + years: Brest and Cherbourg were restored, the former to the duke of + Brittany, the latter to the king of Navarre: both parties were left in + possession of all the other places which they held at the time of + concluding the truce; and to render the amity between the two crowns more + durable, Richard,[****] who was now a widower, was affianced to Isabella, + the daughter of Charles. This princess was only seven years of age; but + the king agreed to so unequal a match, chiefly that he might fortify + himself by this alliance against the enterprises of his uncles, and the + incurable turbulence, as well as inconstancy, of his barons. + </p> + <p> + The administration of the king, though it was not in this interval sullied + by any unpopular act, except the seizing of the charter of London,[******] + which was soon after restored, tended not much to corroborate his + authority; and his personal character brought him into contempt, even + while his public government appeared in a good measure unexceptionable. + </p> +<pre xml:space="preserve"> + * Cotton, p. 365. Walsing, p. 352. + + ** 15th August, 1388. + + *** Froissard, liv. iii. chap. 124, 125, 126. Walsing, p. + 355. + + **** Rymer, vol. vii. p. 820. + + ****** Rymer, vol. vii. p. 727. Walsing. p. 347. +</pre> + <p> + Indolent, profuse, addicted to low pleasures, he spent his whole time in + feasting and jollity, and dissipated, in idle show, or in bounties to + favorites of no reputation, that revenue which the people expected to see + him employ in enterprises directed to public honor and advantage. He + forgot his rank by admitting all men to his familiarity; and he was not + sensible, that their acquaintance with the qualities of his mind was not + able to impress them with the respect which he neglected to preserve from + his birth and station. The earls of Kent and Huntingdon, his half + brothers, were his chief confidants and favorites; and though he never + devoted himself to them with so profuse an affection as that with which he + had formerly been attached to the duke of Ireland, it was easy for men to + see, that every grace passed through their hands, and that the king had + rendered himself a mere cipher in the government. The small regard which + the public bore to his person, disposed them to murmur against his + administration, and to receive with greedy ears every complaint which the + discontented or ambitious grandees suggested to them. + </p> + <p class="side"> + 1397. + </p> + <p> + Glocester soon perceived the advantages which this dissolute conduct gave + him; and finding that both resentment and jealousy on the part of his + nephew still prevented him from acquiring any ascendant over that prince, + he determined to cultivate his popularity with the nation, and to revenge + himself on those who eclipsed him in favor and authority. He seldom + appeared at court or in council; he never declared his opinion but in + order to disapprove of the measures embraced by the king and his + favorites; and he courted the friendship of every man whom disappointment + or private resentment had rendered an enemy to the administration. The + long truce with France was unpopular with the English, who breathed + nothing but war against that hostile nation; and Glocester took care to + encourage all the vulgar prejudices which prevailed on this subject. + Forgetting the misfortunes which attended the English arms during the + later years of Edward, he made an invidious comparison between the glories + of that reign and the inactivity of the present; and he lamented that + Richard should have degenerated so much from the heroic virtues by which + his father and his grandfather were distinguished. The military men were + inflamed with a desire of war when they heard him talk of the signal + victories formerly obtained, and of the easy prey which might be made of + French riches by the superior valor of the English; the populace readily + embraced the same sentiments; and all men exclaimed, that this prince, + whose counsels were so much neglected, was the true support of English + honor and alone able to raise the nation to its former power and splendor. + His great abilities, his popular manners, his princely extraction, his + immense riches, his high office of constable;[*] all these advantages, not + a little assisted by his want of court favor, gave him a mighty authority + in the kingdom, and rendered him formidable to Richard and his ministers. + </p> + <p> + Froissard,[**] a contemporary writer, and very impartial, but whose credit + is somewhat impaired by his want of exactness in material facts, ascribes + to the duke of Glocester more desperate views, and such as were totally + incompatible with the government and domestic tranquillity of the nation. + According to that historian, he proposed to his nephew, Roger Mortimer, + earl of Marche, whom Richard had declared his successor, to give him + immediate possession of the throne, by the deposition of a prince so + unworthy of power and authority: and when Mortimer declined the project, + he resolved to make a partition of the kingdom between himself, his two + brothers, and the earl of Arundel; and entirely to dispossess Richard of + the crown. The king, it is said, being informed of these designs, saw that + either his own ruin, or that of Glocester, was inevitable; and he resolved + by a hasty blow to prevent the execution of such destructive projects. + This is certain, that Glocester, by his own confession, had often affected + to speak contemptuously of the king’s person and government; had + deliberated concerning the lawfulness of throwing off allegiance to him; + and had even borne part in a secret conference, where his deposition was + proposed, and talked of, and determined:[***] but it is reasonable to + think, that his schemes were not so far advanced. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vii. p. 152. + + ** Liv. iv. chap. 86. + + *** Cotton, p. 378. Tyrrel, vol. iii. part ii. p. 972, from + the records. Par. Hist. vol. i. p. 473. That this confession + was genuine, and obtained without violence, may be entirely + depended on. Judge Rickhill, who brought it over from + Calais, was tried on that account, and acquitted in the + first parliament of Henry IV., when Glocester’s party was + prevalent. His acquittal, notwithstanding his innocence, may + even appear marvellous, considering the times. See Cotton, + p. 393. putting them immediately in execution. The danger + probably was still too distant to render a desperate remedy + entirely necessary for the security of government. +</pre> + <p> + But whatever opinion we may form of the danger arising from Glocester’s + conspiracies, his aversion to the French truce and alliance was public and + avowed; and that court which had now a great influence over the king, + pushed him to provide for his own safety, by punishing the traitorous + designs of his uncle. The resentment against his former acts of violence + revived; the sense of his refractory and uncompliant behavior was still + recent; and a man whose ambition had once usurped royal authority, and who + had murdered all the faithful servants of the king, was thought capable, + on a favorable opportunity, of renewing the same criminal enterprises. The + king’s precipitate temper admitted of no deliberation: he ordered + Glocester to be unexpectedly arrested; to be hurried on board a ship which + was lying in the river; and to be carried over to Calais, where alone, by + reason of his numerous partisans, he could safely be detained in + custody.[*] The earls of Arundel and Warwick were seized at the same time: + the malecontents so suddenly deprived of their leaders, were astonished + and overawed; and the concurrence of the dukes of Lancaster and York in + those measures, together with the earls of Derby and Rutland, the eldest + sons of these princes,[**] bereaved them of all possibility of resistance. + </p> + <p> + A parliament was immediately summoned at Westminster; and the king doubted + not to find the peers, and still more the commons, very compliant with his + will. This house had in a former parliament given him very sensible proofs + of their attachment;[***] <a href="#linknote-15" name="linknoteref-15" id="linknoteref-15">15</a> and the present suppression of Glocester’s + party made him still more assured of a favorable election. As a further + expedient for that purpose, he is also said to have employed the influence + of the sheriffs; a practice which, though not unusual, gave umbrage, but + which the established authority of that assembly rendered afterwards still + more familiar to the nation. Accordingly, the parliament passed whatever + acts the king was pleased to dictate to them:[****] they annulled forever + the commission which usurped upon the royal authority, and they declared + it treasonable to attempt, in any future period, the revival of any + similar commission: they abrogated all the acts which attainted the king’s + ministers, and which that parliament who passed them, and the whole nation + had sworn inviolably to maintain: and they declared the general pardon + then granted to be invalid, as extorted by force, and never ratified by + the free consent of the king. + </p> +<pre xml:space="preserve"> + * Froissard, liv. iv. chap. 90. Walsing. p. 354. + + ** Rymer, vol. viii. p. 7. + + *** See note O, at the end of the volume. + + **** The nobles brought numerous retainers with them to give + them* +</pre> + <p> + Though Richard, after he resumed the government, and lay no longer under + constraint, had voluntarily, by proclamation, confirmed that general + indemnity, this circumstance seemed not, in their eyes, to merit any + consideration. Even a particular pardon, granted six years after to the + earl of Arundel, was annulled by parliament, on pretence that it had been + procured by surprise, and that the king was not then fully apprized of the + degree of guilt incurred by that nobleman. + </p> + <p> + The commons then preferred an impeachment against Fitz-Alan, archbishop of + Canterbury, and brother to Arundel, and accused him for his concurrence in + procuring the illegal commission, and in attainting the king’s ministers. + The primate pleaded guilty; but as he was protected by the ecclesiastical + privileges, the king was satisfied with a sentence which banished him the + kingdom, and sequestered his temporalities.[*] An appeal or accusation was + presented against the duke of Glocester, and the earls of Arundel and + Warwick, by the earls of Rutland, Kent, Huntingdon, Somerset, Salisbury, + and Nottingham, together with the lords Spenser and Scrope, and they were + accused of the same crimes which had been imputed to the archbishop, as + well as of their appearance against the king in a hostile manner at + Haringay Park. The earl of Arundel, who was brought to the bar, wisely + confined all his defence to the pleading of both the general and + particular pardon of the king; but his plea being overruled, he was + condemned and executed.[**] + </p> +<pre xml:space="preserve"> + * Cotton, p. 368. + + ** Cotton, p 377. Froissard, liv. iv. chap. 90. Walsing. p. + 354. +</pre> + <p> + The earl of Warwick, who was also convicted of high treason, was, on + account of his submissive behavior, pardoned as to his life, but doomed to + perpetual banishment in the Isle of Man. No new acts of treason were + imputed to either of these noblemen. The only crimes for which they were + condemned, were the old attempts against the crown, which seemed to be + obliterated both by the distance of time and by repeated pardons.[*] The + reasons of this method of proceeding it is difficult to conjecture. The + recent conspiracies of Glocester seem certain from his own confession; but + perhaps the king and ministry had not at that time in their hands any + satisfactory proof of their reality; perhaps it was difficult to convict + Arundel and Warwick of any participation in them; perhaps an inquiry into + these conspiracies would have involved in the guilt some of those great + noblemen who now concurred with the crown, and whom it was necessary to + cover from all imputation; or perhaps the king, according to the genius of + the age, was indifferent about maintaining even the appearance of law and + equity, and was only solicitous by any means to insure success in these + prosecutions. This point, like many others in ancient history, we are + obliged to leave altogether undetermined. + </p> + <p> + A warrant was issued to the earl mareschal, governor of Calais, to bring + over the duke of Glocester, in order to his trial; but the governor + returned for answer, that the duke had died suddenly of an apoplexy in + that fortress. Nothing could be more suspicious, from the time, than the + circumstances of that prince’s death: it became immediately the general + opinion, that he was murdered by orders from his nephew: in the subsequent + reign, undoubted proofs were produced in parliament, that he had been + suffocated with pillows by his keepers:[**] and it appeared that the king, + apprehensive lest the public trial and execution of so popular a prince, + and so near a relation, might prove both dangerous and invidious, had + taken this base method of gratifying, and, as he fancied, concealing, his + revenge upon him. Both parties, in their successive triumphs, seem to have + had no further concern than that of retaliating upon their adversaries; + and neither of them were aware that, by imitating, they indirectly + justified, as far as it lay in their power, all the illegal violence of + the opposite party. + </p> +<pre xml:space="preserve"> + * Tyrrel, vol. iii. part ii. p. 968, from the records. + + ** Cotton, p. 399, 400. Dugdale, vol. ii. p. 171. +</pre> + <p> + This session concluded with the creation or advancement of several peers: + the earl of Derby was made duke of Hereford; the earl of Rutland, duke of + Albemarle; the earl of Kent, duke of Surrey; the earl of Huntingdon, duke + of Exeter; the earl of Nottingham, duke of Norfolk; the earl of Somerset, + marquis of Dorset; Lord Spenser, earl of Glocester; Rulph Nevil, earl of + Westmoreland; Thomas Piercy, earl of Worcester; William Scrope, earl of + Wiltshire.[*] The parliament, after a session of twelve days, was + adjourned to Shrewsbury. The king, before the departure of the members, + exacted from them an oath for the perpetual maintenance and establishment + of all their acts; an oath similar to that which had formerly been + required by the duke of Glocester and his party, and which had already + proved so vain and fruitless. + </p> + <p class="side"> + 1398. + </p> + <p> + Both king and parliament met in the same dispositions at Shrewsbury. So + anxious was Richard for the security of these acts, that he obliged the + lords and commons to swear anew to them on the cross of Canterbury;[**] + and he soon after procured a bull from the pope, by which they were, as he + imagined, perpetually secured and established.[***] The parliament, on the + other hand, conferred on him for life the duties on wool, wool-fells, and + leather, and granted him, besides, a subsidy of one tenth and a half, and + one fifteenth and a half. They also reversed the attainder of Tresilian + and the other judges; and, with the approbation of the present judges, + declared the answers for which these magistrates had been impeached to be + just and legal:[****] and they carried so far their retrospect as to + reverse, on the petition of Lord Spenser, earl of Glocester, the attainder + pronounced against the two Spensers in the reign of Edward II.[*****] The + ancient history of England is nothing but a catalogue of reversals: every + thing is in fluctuation and movement: one faction is continually undoing + what was established by another: and the multiplied oaths which each party + exacted for the security of the present acts, betray a perpetual + consciousness of their instability. + </p> + <p> + The parliament, before they were dissolved, elected a committee of twelve + lords and six commoners,[******] whom they invested with the whole power + both of lords and commons, and endowed with full authority to finish all + business which had been laid before the houses, and which they had not had + leisure to bring to a conclusion.[*******] + </p> +<pre xml:space="preserve"> + * Cotton, p. 370, 371 + + ** Cotton, p. 371. + + ** Walsing. p. 355. + + **** Statutes at large, 21 Rich. II. + + ****** The names of the commissioners were, the dukes of + Lancaster, York, Albemarle, Surrey, and Exeter, the marquis + of Dorset, the earls of Marche, Salisbury, Northumberland, + Glocester, Winchester, and Wiltshire; John Bussey, Henry + Green, John Russel, Robert Teyne, Henry Chelmeswicke, and + John Golofre. It is to be remarked, that the duke of + Lancaster always concurred with the rest in all their + proceedings, even in the banishment of his son, which was + afterwards so much complained of. + + ******* Cotton, p. 372. Walsing. p. 355. +</pre> + <p> + This was an unusual concession; and though it was limited in the object, + might, either immediately or as a precedent, have proved dangerous to the + constitution; but the cause of that extraordinary measure was an event + singular and unexpected, which engaged the attention of the parliament. + </p> + <p> + After the destruction of the duke of Glocester and the heads of that + party, a misunderstanding broke out among those noblemen who had joined in + the prosecution; and the king wanted either authority sufficient to + appease it, or foresight to prevent it. The duke of Hereford appeared in + parliament, and accused the duke of Norfolk of having spoken to him, in + private, many slanderous words of the king, and of having imputed to that + prince an intention of subverting and destroying many of his principal + nobility.[**] Norfolk.. denied the charge, gave Hereford the lie, and + offered to prove his own innocence by duel. The challenge was accepted: + the time and place of combat were appointed: and as the event of this + important trial by arms might require the interposition of legislative + authority, the parliament thought it more suitable to delegate their power + to a committee, than to prolong the session beyond the usual time which + custom and general convenience had prescribed to it.[***] + </p> + <p> + The duke of Hereford was certainly very little delicate in the point of + honor, when he revealed a private conversation to the ruin of the person + who had intrusted him; and we may thence be more inclined to believe the + duke of Norfolk’s denial, than the other’s asseveration. But Norfolk had + in these transactions betrayed an equal neglect of honor, which brings him + entirely on a level with his antagonist. Though he had publicly joined + with the duke of Glocester and his party in all the former acts of + violence against the king. + </p> +<pre xml:space="preserve"> + ** Cotton, p. 372. Parl. Hist. vol. i. p. 490. + + *** In the first year of Henry VI., when the authority of + parliament was great, and when that assembly could least be + suspected of lying under violence, a like concession was + made to the privy council from like motives of convenience. + See Cotton, p. 564. his name stands among the appellants who + accused the duke of Ireland and the other ministers, yet was + he not ashamed publicly to impeach his former associates for + the very crimes which he had concurred with them in + committing; and his name increases the list of those + appellants who brought them to a trial. Such were the + principles and practices of those ancient knights and + barons, during the prevalence of the aristocratical + government, and the reign of chivalry. +</pre> + <p> + The lists for this decision of truth and right were appointed at Coventry + before the king: all the nobility of England banded into parties, and + adhered either to the one duke or the other: the whole nation was held in + suspense with regard to the event; but when the two champions appeared in + the field accoutred for the combat, the king interposed, to prevent both + the present effusion of such noble blood, and the future consequences of + the quarrel. By the advice and authority of the parliamentary + commissioners, he stopped the duel; and to show his impartiality, he + ordered, by the same authority both the combatants to leave the + kingdom;[*] assigning one country for the place of Norfolk’s exile, which + he declared perpetual, another for that of Hereford, which he limited to + ten years. + </p> +<pre xml:space="preserve"> + * Cotton, p. 380. Walsing. p. 356. +</pre> + <p> + Hereford was a man of great prudence and command of temper; and he behaved + himself with so much submission in these delicate circumstances, that the + king, before his departure, promised to shorten the term of his exile four + years; and he also granted him letters patent, by which he was empowered, + in case any inheritance should in the interval accrue to him, to enter + immediately in possession, and to postpone the doing of homage till his + return. + </p> + <p> + The weakness and fluctuation of Richard’s counsels appear nowhere more + evident than in the conduct of this affair. No sooner had Hereford left + the kingdom, than the king’s jealousy of the power and riches of that + prince’s family revived; and he was sensible that by Glocester’s death he + had only removed a counterpoise to the Lancastrian interest which was now + become formidable to his crown and kingdom. Being informed that Hereford + had entered into a treaty of marriage with the daughter of the duke of + Berry, uncle to the French king, he determined to prevent the finishing of + an alliance which would so much extend the interest of his cousin in + foreign countries; and he sent over the earl of Salisbury to Paris with a + commission for that purpose. + </p> + <p class="side"> + 1399. + </p> + <p> + The death of the duke of Lancaster, which happened soon after, called upon + him to take new resolutions with regard to that opulent succession. The + present duke, in consequence of the king’s patent, desired to be put in + possession of the estate and jurisdictions of his father; but Richard, + afraid of strengthening the hands of a man whom he had already so much + offended, applied to the parliamentary commissioners, and persuaded them + that this affair was but an appendage to that business which the + parliament had delegated to them. By their authority he revoked his + letters patent, and retained possession of the estate of Lancaster; and by + the same authority he seized and tried the duke’s attorney, who had + procured and insisted on the letters, and he had him condemned as a + traitor for faithfully executing that trust to his master;[*] an + extravagant act of power! even though the king changed, in favor of the + attorney, the penalty of death into that of banishment. + </p> + <p> + Henry, the new duke of Lancaster, had acquired by his conduct and + abilities the esteem of the public; and having served with distinction + against the infidels in Lithuania, he had joined to his other praises + those of piety and valor, virtues which have at all times a great + influence over mankind, and were, during those ages, the qualities chiefly + held in estimation.[**] He was connected with most of the principal + nobility by blood, alliance, or friendship; and as the injury done him by + the king might in its consequences affect all of them, he easily brought + them, by a sense of common interest, to take part in his resentment. The + people, who must have an object of affection, who found nothing in the + king’s person which they could love or revere, and who were even disgusted + with many parts of his conduct[***] easily transferred to Henry that + attachment which the death of the duke of Glocester had left. + </p> +<pre xml:space="preserve"> + * Tyrrel, vol. iii. part ii. p. 991, from the records. + + ** Walsing. p. 343. + + *** He levied fines upon those who had ten years before joined + the duke of Glocester and his party: they were obliged to + pay him money, before he would allow them to enjoy the + benefit of the indemnity; and in the articles of charge + against him it is asserted that the payment of one fine did + not suffice. It is indeed likely that his ministers would + abuse the power put into their hands; and this grievance + extended to very many people. Historians agree in + representing this practice as a great oppression. See + Otterborne, p. 199. without any fixed direction. His + misfortunes were lamented the injustice which he had + suffered was complained of; and all men turned their eyes + towards him as the only person that could retrieve the lost + honor of the nation, or redress the supposed abuses in the + government. +</pre> + <p> + While such were the dispositions of the people, Richard had the imprudence + to embark for Ireland, in order to revenge the death of his cousin, Roger, + earl of Marche, the presumptive heir of the crown, who had lately been + slain in a skirmish by the natives; and he thereby left the kingdom of + England open to the attempts of his provoked and ambitious enemy. Henry, + embarking at Nantz with a retinue of sixty persons, among whom were the + archbishop of Canterbury and the young earl of Arundel, nephew to that + prelate, landed at Ravenspur, in Yorkshire; and was immediately joined by + the earls of Northumberland and Westmoreland, two of the most potent + barons in England. He here took a solemn oath, that he had no other + purpose hi this invasion than to recover the duchy of Lancaster, unjustly + detained from him; and he invited all his friends in England, and all + lovers of their country, to second him in this reasonable and moderate + pretension. Every place was in commotion: the malecontents in all quarters + flew to arms: London discovered the strongest symptoms of its disposition + to mutiny and rebellion: and Henry’s army, increasing on every day’s + march, soon amounted to the number of sixty thousand combatants. + </p> + <p> + The duke of York was left guardian of the realm; a place to which his + birth entitled him, but which both his slender abilities, and his natural + connections with the duke of Lancaster, rendered him utterly incapable of + filling in such a dangerous emergency. Such of the chief nobility as were + attached to the crown, and could either have seconded the guardian’s good + intentions, or have overawed his infidelity, had attended the king into + Ireland; and the efforts of Richard’s friends were every where more feeble + than those of his enemies. The duke of York, however, appointed the + rendezvous of his forces at St. Albans, and soon assembled an army of + forty thousand men; but found them entirely destitute of zeal and + attachment to the royal cause, and more inclined to join the party of the + rebels. He hearkened therefore very readily to a message from Henry, who + entreated him not to oppose a loyal and humble supplicant in the recovery + of his legal patrimony; and the guardian even declared publicly that he + would second his nephew in so reasonable a request. His army embraced with + acclamations the same measures; and the duke of Lancaster, reenforced by + them, was now entirely master of the kingdom. He hastened to Bristol, into + which some of the king’s ministers had thrown themselves; and soon + obliging that place to surrender, he yielded to the popular wishes, and + without giving them a trial, ordered the earl of Wiltshire, Sir John + Bussy, and Sir Henry Green, whom he there took prisoners, to be led to + immediate execution. + </p> + <p> + The king, receiving intelligence of this invasion and insurrection, + hastened over from Ireland, and landed in Milford Haven with a body of + twenty thousand men: but even this army, so much inferior to the enemy, + was either overawed oy the general combination of the kingdom, or seized + with the same spirit of disaffection; and they gradually deserted him, + till he found that he had not above six thousand men who followed his + standard. It appeared, therefore, necessary to retire secretly from this + small body, which served only to expose him to danger; and he fled to the + Isle of Anglesea, where he purposed to embark either for Ireland or + France, and there await the favorable opportunities which the return of + his subjects to a sense of duty, or their future discontents against the + duke of Lancaster, would probably afford him. Henry, sensible of the + danger, sent to him the earl of Northumberland, with the strongest + professions of loyalty and submission; and that nobleman, by treachery and + false oaths, made himself master of the king’s person, and carried him to + his enemy at Flint Castle. Richard was conducted to London by the duke of + Lancaster, who was there received with the acclamations of the mutinous + populace. It is pretended that the recorder met him on the road, and in + the name of the city entreated him, for the public safety, to put Richard + to death, with all his adherents who were prisoners; but the duke + prudently determined to make many others participate in his guilt, before + he would proceed to these extremities. For this purpose he issued writs of + election in the king’s name, and appointed the immediate meeting of a + parliament at Westminster. + </p> + <p> + Such of the peers as were most devoted to the king, were either fled or + imprisoned; and no opponents, even among the barons, dared to appear + against Henry, amidst that scene of outrage and violence which commonly + attends revolutions, especially in England during those turbulent ages, It + is also easy to imagine, that a house of commons, elected during this + universal ferment, and this triumph of the Lancastrian party, would be + extremely attached to that cause, and ready to second every suggestion of + their leaders. That order, being an yet of too little weight to stem the + torrent, was always carried along with it, and served only to increase the + violence which the public interest required it should endeavor to control. + The duke of Lancaster, therefore, sensible that he should be entirely + master, began to carry his views to the crown itself; and he deliberated + with his partisans concerning the most proper means of effecting his + daring purpose. He first extorted a resignation from Richard;[*] but as he + knew that this deed would plainly appear the result of force and fear, he + also purposed, notwithstanding the danger of the precedent to himself and + his posterity, to have him solemnly deposed in parliament for his + pretended tyranny and misconduct. A charge, consisting of thirty-three + articles, was accordingly drawn up against him, and presented to that + assembly.[**] + </p> + <p> + If we examine these articles, which are expressed with extreme acrimony + against Richard, we shall find that, except some rash speeches, which are + imputed to him,[***] and of whose reality, as they are said to have passed + in private conversation, we may reasonably entertain some doubt,—the + chief amount of the charge is contained in his violent conduct during the + two last years of his reign, and naturally divides itself into two + principal heads. The first and most considerable is the revenge which he + took on the princes and great barons who had formerly usurped, and still + persevered in controlling and threatening his authority; the second is the + violation of the laws and general privileges of his people. But the + former, however irregular in many of its circumstances, was fully + supported by authority of parliament, and was but a copy of the violence + which the princes and barons themselves, during their former triumph, had + exercised against him and his party. The detention of Lancaster’s estate + was, properly speaking a revocation, by parliamentary authority, of a + grace which the King himself had formerly granted him. The murder of + Glocester (for the secret execution, however merited, of that prince + certainly deserves this appellation) was a private deed formed not any + precedent, and implied not any usurped or arbitrary power of the crown + which could justly give umbrage to the people. It really proceeded from a + defect of power in the king, rather than from his ambition; and proves + that, instead of being dangerous to the constitution, he possessed not + even the authority necessary for the execution of the laws. + </p> +<pre xml:space="preserve"> + * Knyghton, p. 2744. Otterborne, p. 212. + + ** Tyrrel, vol. iii. part ii. p. 1008, from the records, + Knyghton, p, 2746. Otterborne, p. 214. + + *** Art 16, 26. +</pre> + <p> + Concerning the second head of accusation, as it mostly consists of general + facts, was framed by Richard’s inveterate enemies, and was never allowed + to be answered by him or his friends, it is more difficult to form a + judgment. The greatest part of these grievances imputed to Richard, seems + to be the exertion of arbitrary prerogatives; such as the dispensing + power,[*] levying purveyance,[**] employing the mareschal’s court,[***] + extorting loans,[****] granting protections from lawsuits;[*****] + prerogatives, which, though often complained of, had often been exercised + by his predecessors, and still continued to be so by his successors. But + whether his irregular acts of this kind were more frequent, and + injudicious and violent than usual, or were only laid hold of and + exaggerated by the factions to which the weakness of his reign had given + birth, we are not able at this distance to determine with certainty. There + is, however, one circumstance in which his conduct is visibly different + from that of his grandfather: he is not accused of having imposed one + arbitrary tax, without consent of parliament, during his whole + reign;[******] scarcely a year passed during the reign of Edward, which + was free from complaints with regard to this dangerous exertion of + authority. But, perhaps, the ascendant which Edward had acquired over the + people, together with his great prudence, enabled him to make a use very + advantageous to his subjects of this and other arbitrary prerogatives, and + rendered them a smaller grievance in his hands, than a less absolute + authority in those of his grand son. + </p> +<pre xml:space="preserve"> + * Art 13,17,18. + + ** Art. 22. + + *** Art 27. + + **** Art, 14. + + ****** We learn from Cotton (p. 362) that the king, by his + chancellor, told the commons, “that they were sunderly bound + to him, and namely, in forbearing to charge them with dismes + and fifteens, the which he meant <i>no more</i> to charge + them in his own person,” These words “no more” allude to the + practice of his predecessors; he had not himself imposed any + arbitrary taxes: even the parliament, in the articles of his + deposition, though they complain of heavy taxes, affirm not + that they were imposed illegally or by arbitrary will. +</pre> + <p> + This is a point which it would be rash for us to decide positively on + either side; but it is certain, that a charge drawn up by the duke of + Lancaster, and assented to by a parliament, situated in those + circumstances, forms no manner of presumption with regard to the unusual + irregularity or violence of the king’s conduct in this particular.[*] <a + href="#linknote-16" name="linknoteref-16" id="linknoteref-16">16</a> + </p> +<pre xml:space="preserve"> + * See note P, at the end of the volume. +</pre> + <p> + When the charge against Richard was presented to the parliament, though it + was liable, almost in every article, to objections, it was not canvassed, + nor examined, nor disputed in either house, and seemed to be received with + universal approbation. One man alone, the bishop of Carlisle, had the + courage, amidst this general disloyalty and violence, to appear in defence + of his unhappy master, and to plead his cause against all the power of the + prevailing party. Though some topics employed by that virtuous prelate may + seem to favor too much the doctrine of passive obedience, and to make too + large a sacrifice of the rights of mankind, he was naturally pushed into + that extreme by his abhorrence of the present licentious factions; and + such intrepidity, as well as disinterestedness of behavior, proves that, + whatever his speculative principles were his heart was elevated far above + the meanness and abject submission of a slave. He represented to the + parliament, that all the abuses of government which could justly be + imputed to Richard, instead of amounting to tyranny, were merely the + result of error, youth, or misguided counsel, and admitted of a remedy + more easy and salutary than a total subversion of the constitution. That + even had they been much more violent and dangerous than they really were, + they had chiefly proceeded from former examples of resistance, which, + making the prince sensible of his precarious situation, had obliged him to + establish his throne by irregular and arbitrary expedients. That a + rebellious disposition in subjects was the principal cause of tyranny in + kings; laws could never secure the subject, which did not give security to + the sovereign; and if the maxim of inviolable loyalty, which formed the + basis of the English government, were once rejected, the privileges + belonging to the several orders of the state, instead of being fortified + by that licentiousness, would thereby lose the surest foundation of their + force and stability. That the parliamentary deposition of Edward II., far + from making a precedent which could control this maxim, was only an + example of successful violence; and it was sufficiently to be lamented, + that crimes were so often committed in the world, without establishing + principles which might justify and authorize them. + </p> + <p> + That even that precedent, false and dangerous as it was, could never + warrant the present excesses; which were so much greater, and which would + entail distraction and misery on the nation, to the latest posterity. That + the succession, at least, of the crown, was then preserved inviolate: the + lineal heir was placed on the throne; and the people had an opportunity, + by their legal obedience to him, of making atonement for the violence + which they had committed against his predecessor. That a descendant of + Lionel, duke of Clarence, the elder brother of the late duke of Lancaster, + had been declared in parliament successor to the crown; he had left + posterity; and their title, however it might be overpowered by present + force and faction, could never be obliterated from the minds of the + people. That if the turbulent disposition alone of the nation had + overturned the well-established throne of so good a prince as Richard, + what bloody commotions must ensue, when the same cause was united to the + motive of restoring the legal and undoubted heir to his authority? That + the new government intended to be established, would stand on no + principle; and would scarcely retain any pretence by which it could + challenge the obedience of men of sense and virtue. That the claim of + lineal descent was so gross, as scarcely to deceive the most ignorant of + the populace: conquest could never be pleaded by a rebel against his + sovereign; the consent of the people had no authority in a monarchy not + derived from consent, but established by hereditary right; and however the + nation might be justified in deposing the misguided Richard, it could + never have any reason for setting aside his lawful heir and successor, who + was plainly innocent. And that the duke of Lancaster would give them but a + bad specimen of the legal moderation which might be expected from his + future government, if he added,[**typo?] to the crime of his past + rebellion, the guilt of excluding the family, which, both by right of + blood and by declaration of parliament, would, in case of Richard’s demise + or voluntary resignation, have been received as the undoubted heirs of the + monarchy.[*] + </p> +<pre xml:space="preserve"> + * Sir John Heywarde, p. 101. +</pre> + <p> + All the circumstances of this event, compared to those which attended the + late revolution in 1688, show the difference between a great and civilized + nation, deliberately vindicating its established privileges, and a + turbulent and barbarous aristocracy, plunging headlong from the extremes + of one faction into those of another. This noble freedom of the bishop of + Carlisle, instead of being applauded, was not so much as tolerated: he was + immediately arrested by order of the duke of Lancaster, and sent a + prisoner to the abbey of St. Albans. No further debate was attempted: + thirty-three long articles of charge were, in one meeting, voted against + Richard; and voted unanimously by the same peers and prelates who, a + little before, had voluntarily and unanimously authorized those very acts + of violence of which they now complained. That prince was deposed by the + suffrages of both houses; and the throne being now vacant, the duke of + Lancaster stepped forth, and having crossed himself on the forehead and on + the breast, and called upon the name of Christ,[*] he pronounced these + words, which we shall give in the original language, because of their + singularity. + </p> + <p> + “In the name of Fadher, Son, and Holy Ghost, I Henry of Lancaster, + challenge this rewme of Ynglande, and the croun with all the membres, and + the appurtenances; als I that am descendit by right line of the blode, + coming fro the gude king Henry therde, and throge that right that God of + his grace hath sent me, with helpe of kyn, and of my frendes to recover + it; the which rewme was in poynt to be ondone by defaut of governance, and + ondoying of the gude lawes.”[**] + </p> + <p> + In order to understand this speech, it must be observed, that there was a + silly story, received among some of the lowest vulgar, that Edmond, earl + of Lancaster, son of Henry III., was really the elder brother of Edward + I.; but that, by reason of some deformity in his person, he had been + postponed in the succession, and his younger brother imposed on the nation + in his stead. As the present duke of Lancaster inherited from Edmond by + his mother, this genealogy made him the true heir of the monarchy, and it + is therefore insinuated in Henry’s speech: but the absurdity was too gross + to be openly avowed either by him or by the parliament. The case is the + same with regard to his right of conquest: he was a subject who rebelled + against his sovereign: he entered the kingdom with a retinue of no more + than sixty persons. + </p> +<pre xml:space="preserve"> + * Cotton, p. 389. + + ** Knyghton, p. 2757. could not therefore be the conqueror + of England; and this right is accordingly insinuated, not + avowed. Still there is a third claim, derived from his + merits in saving the nation from tyranny and oppression; and + this claim is also insinuated: but as it seemed, by its + nature, better calculated as a reason for his being elected + king by a free choice, than for giving him an immediate + right of possession, he durst not speak openly even on this + head; and to obviate any notion of election, he challenges + the crown as his due, either by acquisition or inheritance. + The whole forms such a piece of jargon and nonsense, as is + almost without example: no objection, however, was made to + it in parliament: the unanimous voice of lords and commons + placed Henry on the throne: he became king, nobody could + tell how or wherefore: the title of the house of Marche, + formerly recognized by parliament, was neither invalidated + nor repealed, but passed over in total silence: and as a + concern for the liberties of the people seems to have had no + hand in this revolution, their right to dispose of the + government, as well as all their other privileges, was left + precisely on the same footing as before. But Henry having, + when he claimed the crown, dropped some obscure hint + concerning conquest, which, it was thought, might endanger + these privileges, he soon after made a public declaration, + that he did not thereby intend to deprive any other of his + franchises or liberties; which was the only circumstances + where we shall find meaning or common sense in all these + transactions. +</pre> + <p> + The subsequent events discover the same headlong violence of conduct, and + the same rude notions of civil government. The deposition of Richard + dissolved the parliament: it was necessary to summon a new one: and Henry, + in six days after, called together, without any new election, the same + members; and this assembly he denominated a new parliament. They were + employed in the usual task of reversing every deed of the opposite party. + All the acts o£ the last parliament of Richard, which had been confirmed + by their oaths, and by a papal bull, were abrogated: all the acts which + had passed in the parliament where Glocester prevailed: which had also + been confirmed by their oaths, but which had been abrogated by Richard, + were anew established:[**] the answers of Tresifian and the other judges, + which a parliament had annulled, but which a new parliament and new judges + had approved, here received a second condemnation. + </p> +<pre xml:space="preserve"> + * Knyghton, p. 2759. Otterborne, p. 220. + + ** Cotton, p. 390. +</pre> + <p> + The peers who had accused Glocester, Arundel, and Warwick, and who had + received higher titles for that piece of service, were all of them + degraded from their new dignities; even the practice of prosecuting + appeals in parliament, which bore the air of a violent confederacy against + an individual, rather than of a legal indictment, was wholly abolished, + and trials were restored to the course of common law.* The natural effect + of this conduct was, to render the people giddy with such rapid and + perpetual changes, and to make them lose all notions of right and wrong in + the measures of government. + </p> + <p> + The earl of Northumberland made a motion, in the house of peers, with + regard to the unhappy prince whom they had deposed. He asked them, what + advice they would give the king for the future treatment of him; since + Henry was resolved to spare his life. They unanimously replied, that he + should be imprisoned under a secure guard, in some secret place, and + should be deprived of all commerce with any of his friends or partisans. + It was easy to foresee, that he would not long remain alive in the hands + of such barbarous and sanguinary enemies. Historians differ with regard to + the manner in which he was murdered. It was long the prevailing opinion, + that Sir Piers Exton, and others of his guards, fell upon him in the + Castle of Pomfret, where he was confined, and despatched him with their + halberts. But it is more probable that he was starved to death in prison; + and after all sustenance was denied him, he prolonged his unhappy life, it + is said, for a fortnight, before he reached the end of his miseries. This + account is more consistent with the story, that his body was exposed in + public, and that no marks of violence were observed upon it. He died in + the thirty-fourth year of his age, and the twenty-third of his reign. He + left no posterity, either legitimate or illegitimate. + </p> + <p> + All the writers who have transmitted to us the history of Richard, lived + during the reigns of the Lancastrian princes, and candor requires, that we + should not give entire credit to the reproaches which they have thrown + upon his memory. But after making all proper allowances, he still appears + to have been a weak prince, and unfit for government, less for want of + natural parts and capacity, than of solid judgment and a good education. + He was violent in his temper, profuse in his expenses, fond of idle show + and magnificence, devoted to favorites, and addicted to pleasure; + passions, all of them the most inconsistent with a prudent economy, and + consequently dangerous in a limited and mixed government. Had he possessed + the talents of gaining, and still more those of overawing, his great + barons, he might have escaped all the misfortunes of his reign, and been + allowed to carry much further his oppressions over the people, if he + really was guilty of any, without their daring to rebel, or even to murmur + against him. But when the grandees were tempted, by his want of prudence + and of vigor, to resist his authority, and execute the most violent + enterprises upon him, he was naturally led to seek an opportunity of + retaliation: justice was neglected; the lives of the chief nobility were + sacrificed; and all these enormities seem to have proceeded less from a + settled design of establishing arbitrary power, than from the insolence of + victory, and the necessities of the king’s situation. The manners indeed + of the age were the chief source of such violence: laws, which were feebly + executed in peaceable times, lost all their authority during public + convulsions: both parties were alike guilty: or, if any difference may be + remarked between them, we shall find, that the authority of the crown, + being more legal, was commonly carried, when it prevailed, to less + desperate extremities, than was that of the aristocracy. + </p> + <p> + On comparing the conduct and events of this reign with those of the + preceding, we shall find equal reason to admire Edward and to blame + Richard; but the circumstance of opposition, surely, will not lie in the + strict regard paid by the former to national privileges, and the neglect + of them by the latter. On the contrary, the prince of small abilities, as + he felt his want of power, seems to have been more moderate in this + respect than the other. Every parliament assembled during the reign of + Edward, remonstrates against the exertion of some arbitrary prerogative or + other: we hear not any complaints of that kind during the reign of + Richard, till the assembling of his last parliament, which was summoned by + his inveterate enemies, which dethroned him, which framed their complaints + during the time of the most furious convultions, and whose testimony must + therefore have, on that account, much less authority with every equitable + judge.[*] Both these princes experienced the encroachments of the great + upon their authority. Edward, reduced to necessities, was obliged to make + an express bargain with his parliament and to sell some of his + prerogatives for present supply; but as they were acquainted with his + genius and capacity, they ventured not to demand any exorbitant + concessions, or such as were incompatible with regal and sovereign power: + the weakness of Richard tempted the parliament to extort a commission, + which, in a manner, dethroned the prince, and transferred the sceptre into + the hands of the nobility. The events of these encroachments were also + suitable to the character of each. Edward had no sooner gotten the supply, + than he departed from the engagements which had induced the parliament to + grant it; he openly told his people, that he had but dissembled with them + when he seemed to make them these concessions; and he resumed and retained + all his prerogatives. But Richard, because he was detected in consulting + and deliberating with the judges on the lawfulness of restoring the + constitution, found his barons immediately in arms against him; was + deprived of his liberty; saw his favorites, his ministers, his tutor, + butchered before his face, or banished and attainted; and was obliged to + give way to all this violence. There cannot be a more remarkable contrast + between the fortunes of two princes: it were happy for society, did this + contrast always depend on the justice or injustice of the measures which + men embrace; and not rather on the different degrees of prudence and vigor + with which those measures are supported. + </p> + <p> + There was a sensible decay of ecclesiastical authority during this period. + The disgust which the laity had received from the numerous usurpations + both of the court of Rome and of their own clergy, had very much weaned + the kingdom from superstition; and strong symptoms appeared, from time to + time, of a general desire to shake off the bondage of the Romish church. + In the committee of eighteen, to whom Richard’s last parliament delegated + their whole power, there is not the name of one ecclesiastic to be found; + a neglect which is almost without example, while the Catholic religion + subsisted in England.[**] <a href="#linknote-17" name="linknoteref-17" id="linknoteref-17">17</a> + </p> +<pre xml:space="preserve"> + * Peruse, in this view, the Abridgment of the Records, by + Sir Robert Cotton, during these two reigns. + + ** See note Q, at the end of the volume. +</pre> + <p> + The aversion entertained against the established church soon found + principles, and tenets, and reasonings, by which it could justify and + support itself. John Wickliffe, a secular priest, educated at Oxford, + began in the latter end of Edward III. to spread the doctrine of + reformation by his discourses, sermons, and writings; and he made many + disciples among men of all ranks and stations. He seems to have been a man + of parts and learning; and has the honor of being the first person in + Europe that publicly called in question those principles which had + universally passed for certain and undisputed during so many ages. + Wickliffe himself, as well as his disciples, who received the name of + Wickliffites, or Lollards, was distinguished by a great austerity of life + and manners; a circumstance common to almost all those who dogmatize in + any new way; both because men who draw to them the attention of the + public, and expose themselves to the odium of great multitudes, are + obliged to be very guarded in their conduct, and because few who have a + strong propensity to pleasure or business, will enter upon so difficult + and laborious an undertaking. The doctrines of Wickliffe being derived + from his search into the Scriptures and into ecclesiastical antiquity, + were nearly the same with those which were propagated by the reformers in + the sixteenth century: he only carried some of them farther than was done + by the more sober part of these reformers. He denied the doctrine of the + real presence, the supremacy of the church of Rome, the merit of monastic + vows: he maintained, that the Scriptures were the sole rule of faith; that + the church was dependent on the state, and should be reformed by it; that + the clergy ought to possess no estates; that the begging friars were a + nuisance, and ought not to be supported;[*] that the numerous ceremonies + of the church were hurtful to true piety: he asserted that oaths were + unlawful, that dominion was founded in grace, that everything was subject + to fate and destiny, and that all men were preordained either to eternal + salvation or reprobation,[**] From the whole of his doctrines, Wickliffe + appears to have been strongly tinctured with enthusiasm, and to have been + thereby the better qualified to oppose a church whose chief characteristic + is superstition. + </p> +<pre xml:space="preserve"> + * Walsing. p. 191, 208, 283, 284. Spel. Concil. vol. ii. p. + 680. + + ** Harpsfield, p. 668, 673, 674. Waldens. lib. iii. art. i. + cap. 8. +</pre> + <p> + The propagation of these principles gave great alarm to the clergy; and a + bull was issued by Pope Gregory XI. for taking Wickliffe into custody, and + examining into the scope of his opinions.[*] Courteney, bishop of London, + cited him before his tribunal; but the reformer had now acquired powerful + protectors, who screened him from the ecclesiastical jurisdiction. The + duke of Lancaster, who then governed the kingdom, encouraged the + principles of Wickliffe; and he made no scruple, as well as Lord Piercy, + the mareschal, to appear openly in court with him, in order to give him + countenance upon his trial: he even insisted, that Wickliffe should sit in + the bishop’s presence while his principles were examined: Courteney + exclaimed against the insult: the Londoners, thinking their prelate + affronted, attacked the duke and mareschal, who escaped from their hands + with some difficulty.[**] And the populace, soon after, broke into the + houses of both these noblemen, threatened their persons, and plundered + their goods. The bishop of London had the merit of appeasing their fury + and resentment. + </p> + <p> + The duke of Lancaster, however, still continued his protection to + Wickliffe, during the minority of Richard; and the principles of that + reformer had so far propagated themselves, that when the pope sent to + Oxford a new bull against these doctrines, the university deliberated for + some time whether they should receive the bull; and they never took any + vigorous measures in consequence of the papal orders.[***] Even the + populace of London were at length brought to entertain favorable + sentiments of this reformer: when he was cited before a synod at Lambeth, + they broke into the assembly, and so overawed the prelates, who found both + the people and the court against them, that they dismissed him without any + further censure. + </p> +<pre xml:space="preserve"> + * Spel. Concil. vol. ii. p. 621. Walsing. p. 201, 202, 203. + + ** Harpsfield in Hist. Wickl. p. 683. + + *** Wood’s Ant. Oxon. lib. i. p. 191, etc. Walsing, p 201. +</pre> + <p> + The clergy, we may well believe, were more wanting in power than in + inclination to punish this new heresy which struck at all their credit, + possessions, and authority. But there was hitherto no law in England by + which the secular arm was authorized to support orthodoxy; and the + ecclesiastics endeavored to supply the defect by an extraordinary and + unwarrantable artifice. In the year 1381, there was an act passed, + requiring sheriffs to apprehend the preachers of heresy and their + abettors; but this statute had been surreptitiously obtained by the + clergy, and had the formality of an enrolment without the consent of the + commons. In the subsequent session, the lower house complained of the + fraud; affirmed, that they had no intention to bind themselves to the + prelates further than their ancestors had done before them; and required + that the pretended statute should be repealed, which was done + accordingly.* But it is remarkable, that notwithstanding this vigilance of + the commons, the clergy had so much art and influence, that the repeal was + suppressed, and the act, which never had any legal authority, remains to + this day upon the statute book;[*] though the clergy still thought proper + to keep it in reserve and not proceed to the immediate execution of it. + </p> + <p> + But besides this defect of power in the church, which saved Wickliffe, + that reformer himself, notwithstanding his enthusiasm, seems not to have + been actuated by the spirit of martyrdom; and in all subsequent trials + before the prelates, he so explained away his doctrine by tortured + meanings, as to render it quite innocent and inoffensive.[**] Most of his + followers imitated his cautious disposition, and saved themselves either + by recantations or explanations. He died of a palsy, in the year 1385, at + his rectory of Lutterworth, in the county of Leicester; and the clergy, + mortified that he should have escaped their vengeance, took care, besides + assuring the people of his eternal damnation, to represent his last + distemper as a visible judgment of Heaven upon him for his multiplied + heresies and impieties.[***] + </p> + <p> + The proselytes, however, of Wickliffe’s opinions still increased in + England:[****] some monkish writers represent one half of the kingdom as + infected by those principles: they were carried over to Bohemia by some + youth of that nation, who studied at Oxford: but though the age seemed + strongly disposed to receive them, affairs were not yet fully ripe for + this great revolution; and the finishing blow to ecclesiastical power was + reserved to a period of more curiosity, literature, and inclination for + novelties. + </p> +<pre xml:space="preserve"> + * Cotton’s Abridg. p. 285. + + ** 5 Richard II. chap. 5. + + *** Walsing. p. 206. Knyghton, p. 2655, 2656. + + **** Knyghton, p. 2663. +</pre> + <p> + Meanwhile the English parliament continued to check the clergy and the + court of Rome, by more sober and more legal expedients. They enacted anew + the statute of “provisors,” and affixed higher penalties to the + transgression of it, which, in some instances, was even made capital.[*] + The court of Rome had fallen upon a new device, which increased their + authority over the prelates: the pope, who found that the expedient of + arbitrarily depriving them was violent, and liable to opposition, attained + the same end by transferring such of them as were obnoxious to poorer + sees, and even to nominal sees, “in partibus infidelium.” It was thus that + the archbishop of York, and the bishops of Durham and Chichester, the + king’s ministers, had been treated after the prevalence of Glocester’s + faction: the bishop of Carlisle met with the same fate after the accession + of Henry IV. For the pope always joined with the prevailing powers, when + they did not thwart his pretensions. The parliament, in the reign of + Richard, enacted a law against this abuse: and the king made a general + remonstrance to the court of Rome against all those usurpations, which he + calls “horrible excesses” of that court.[**] + </p> + <p> + It was usual for the church, that they might elude the mortmain act, to + make their votaries leave lands in trust to certain persons, under whose + name the clergy enjoyed the benefit of the bequest: the parliament also + stopped the progress of this abuse.[***] In the seventeenth of the king, + the commons prayed, “that remedy might be had against such religious + persons as cause their villains to marry free women inheritable, whereby + the estate comes to those religious hands by collusion.”[****] This was a + new device of the clergy. + </p> +<pre xml:space="preserve"> + * 13 Richard II. cap. 3. 16 Richard II. cap. 4. + + ** Rymer, vol. vii. p. 672. + + **** Knyghton, p. 27, 38. Cotton, p. 355. + + **** Cotton, p. 355. +</pre> + <p> + The papacy was at this time somewhat weakened by a schism, which lasted + during forty years, and gave great scandal to the devoted partisans of the + holy see. After the pope had resided many years at Avignon, Gregory XI. + was persuaded to return to Rome; and upon his death, which happened in + 1380, the Romans, resolute to fix, for the future, the seat of the papacy + in Italy, besieged the cardinals in the conclave, and compelled them, + though they were mostly Frenchmen, to elect Urban VI., an Italian, into + that high dignity. The French cardinals, as soon as they recovered their + liberty, fled from Rome, and protesting against the forced election, chose + Robert, son of the count of Geneva, who took the name of Clement VII., and + resided at Avignon. All the Kingdoms of Christendom, according to their + several interests and inclinations, were divided between these two + pontiffs. The court of France adhered to Clement, and was followed by its + allies, the king of Castile and the king of Scotland: England of course + was thrown into the other party, and declared for Urban. Thus the + appellation of Clementines and Urbanists distracted Europe for several + years; and each party damned the other as schismatics, and as rebels to + the true vicar of Christ. But this circumstance, though it weakened the + papal authority, had not so great an effect as might naturally be + imagined. Though any king could easily, at first, make his kingdom embrace + the party of one pope or the other, or even keep it some time in suspense + between them, he could not so easily transfer his obedience at pleasure: + the people attached themselves to their own party, as to a religious + opinion; and conceived an extreme abhorrence to the opposite party, whom + they regarded as little better than Saracens, or infidels. Crusades were + even undertaken in this quarrel; and the zealous bishop of Norwich, in + particular, led over, in 1382 near sixty thousand bigots into Flanders + against the Clementines; but after losing a great part of his followers, + he returned with disgrace into England.[*] Each pope, sensible, from this + prevailing spirit among the people, that the kingdom which once embraced + his cause would always adhere to him, boldly maintained all the + pretensions of his see, and stood not much more in awe of the temporal + sovereigns, than if his authority had not been endangered by a rival. + </p> + <p> + We meet with this preamble to a law enacted at the very beginning of this + reign: “Whereas divers persons of small garrison of land or other + possessions do make great retinue of people, as well of esquires as of + others, in many parts of the realm, giving to them hats and other livery + of one suit by year taking again towards them the value of the same + livery, or percase the double value, by such covenant and assurance, that + every of them shall maintain other in all quarrels, be they reasonable or + unreasonable, to the great mischief and oppression of the people, + etc.”[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 133, 134. Walsing. p. 298, 299, + 300. etc. Knyghtor., p. 2671. + + ** I Richard, II. chap. 7 +</pre> + <p> + This preamble contains a true picture of the state of the kingdom. The + laws had been so feebly executed, even during the long, active, and + vigilant reign of Edward III., that no subject could trust to their + protection. Men openly associated themselves, under the patronage of some + great baron, for their mutual defence. They wore public badges, by which + their confederacy was distinguished. They supported each other in all + quarrels, iniquities, extortions, murders, robberies, and other crimes. + Their chief was more their sovereign than the king himself; and their own + band was more connected with them than their country. Hence the perpetual + turbulence, disorders, factions, and civil wars of those times: hence the + small regard paid to a character, or the opinion of the public: hence the + large discretionary prerogatives of the crown, and the danger which might + have ensued from the too great limitation of them. If the king had + possessed no arbitrary powers, while all the nobles assumed and exercised + them, there must have ensued an absolute anarchy in the state. + </p> + <p> + One great mischief attending these confederacies was, the extorting from + the king pardons for the most enormous crimes. The parliament often + endeavored, in the last reign, to deprive the prince of this prerogative; + but, in the present, they were content with an abridgment of it. They + enacted, that no pardon for rapes, or for murder from malice prepense, + should be valid, unless the crime were particularly specified in it.[*] + There were also some other circumstances required for passing any pardon + of this kind: an excellent law, but ill observed, like most laws that + thwart the manners of the people, and the prevailing customs of the times. + </p> +<pre xml:space="preserve"> + * 13 Richard II. chap. 1 +</pre> + <p> + It is easy to observe, from these voluntary associations among the people, + that the whole force of the feudal system was in a manner dissolved, and + that the English had nearly returned, in that particular, to the same + situation in which they stood before the Norman conquest. It was, indeed, + impossible that that system could long subsist under the perpetual + revolutions to winch landed property is every where subject. When the + great feudal baronies were first erected, the lord lived in opulence in + the midst of his vassals: he was in a situation to protect, and cherish + and defend them: the quality of patron naturally united itself to that of + superior: and these two principles of authority mutually supported each + other. But when by the various divisions and mixtures of property, a man’s + superior came to live at a distance from him, and could no longer give him + shelter or countenance, the tie gradually became more fictitious than + real: new connections from vicinity or other causes were formed: + protection was sought by voluntary services and attachment: the appearance + of valor spirit, abilities in any great man, extended his interest very + far, and if the sovereign were deficient in these qualities, he was no + less, if not more exposed to the usurpations of the aristocracy, than even + during the vigor of the feudal system. + </p> + <p> + The greatest novelty introduced into the civil government during this + reign was the creation of peers by patent. Lord Beauchamp, of Holt, was + the first peer that was advanced to the house of lords in this manner. The + practice of levying benevolences is also first mentioned in the present + reign. This prince lived in a more magnificent manner than perhaps any of + his predecessors or successors. His household consisted of ten thousand + persons: he had three hundred in his kitchen; and all the other offices + were furnished in proportion.[*] It must be remarked, that this enormous + train had tables supplied them at the king’s expense, according to the + mode of that age. Such prodigality was probably the source of many + exactions by purveyors, and was one chief reason of the public + discontents. + </p> +<pre xml:space="preserve"> + * Harding: this poet says, that he speaks from the authority + of a clerk of the green cloth. +</pre> + <p> + <a name="link2HCH0007" id="link2HCH0007"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XVIII. + </h2> + <p> + <a name="linkimage-0010" id="linkimage-0010"> + <!-- IMG --></a> <a href="images/1_250_henry4.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_250_henry4_th.jpg" style="width:100%;" title="Henry IV." alt="1_250_henry4.jpg Henry IV. " /><br /> + </div> + <p> + <a name="link2H_4_0014" id="link2H_4_0014"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + HENRY IV + </h2> + <p class="side"> + 1399. + </p> + <p> + The English had so long been familiarized to the hereditary succession of + their monarchs, the instances of departure from it had always borne such + strong symptoms of injustice and violence, and so little of a national + choice or election, and the returns to the true line had ever been deemed + such fortunate incidents in their history, that Henry was afraid, lest, in + resting his title on the consent of the people, he should build on a + foundation to which the people themselves were not accustomed, and whose + solidity they would with difficulty be brought to recognize. The idea too + of choice seemed always to imply that of conditions, and a right of + recalling the consent upon any supposed violation of them; an idea which + was not naturally agreeable to a sovereign, and might in England be + dangerous to the subjects, who, lying so much under the influence of + turbulent nobles, had ever paid but an imperfect obedience even to their + hereditary princes. For these reasons Henry was determined never to have + recourse to this claim; the only one on which his authority could + consistently stand: he rather chose to patch up his title, in the best + manner he could, from other pretensions: and in the end, he left himself, + in the eyes of men of sense, no ground of right but his present + possession; a very precarious foundation, which, by its very nature, was + liable to be overthrown by every faction of the great, or prejudice of the + people. He had indeed a present advantage over his competitor: the heir of + the house of Mortimer, who had been declared in parliament heir to the + crown, was a boy of seven years of age:[*] his friends consulted his + safety by keeping silence with regard to his title: Henry detained him and + his younger brother in an honorable custody at Windsor Castle. + </p> +<pre xml:space="preserve"> + * Dugdale, vol. i. p. 151. +</pre> + <p> + But he had reason to dread that, in proportion as that nobleman grew to + man’s estate, he would draw to him the attachment of the people, and make + them reflect on the fraud, violence, and injustice by which he had been + excluded from the throne. Many favorable topics would occur in his behalf: + he was a native of England; possessed an extensive interest from the + greatness and alliances of his family; however criminal the deposed + monarch, this youth was entirely innocent; he was of the same religion, + and educated in the same manners with the people, and could not be + governed by any separate interest: these views would all concur to favor + his claim; and though the abilities of the present prince might ward off + any dangerous revolution, it was justly to be apprehended, that his + authority could with difficulty be brought to equal that of his + predecessors. + </p> + <p> + Henry, in his very first parliament, had reason to see the danger + attending that station which he had assumed, and the obstacles which he + would meet with in governing an unruly aristocracy, always divided by + faction, and at present inflamed with the resentments consequent on such + recent convulsions. The peers, on their assembling, broke out into violent + animosities against each other; forty gauntlets, the pledges of furious + battle, were thrown on the floor of the house by noblemen who gave mutual + challenges; and “liar” and “traitor” resounded from all quarters. The king + had so much authority with these doughty champions, as to prevent all the + combats which they threatened; but he was not able to bring them to a + proper composure, or to an amicable disposition towards each other. + </p> + <p class="side"> + 1400. + </p> + <p> + It was not long before these passions broke into action. The earls of + Rutland, Kent, and Huntingdon, and Lord Spenser, who were now degraded + from the respective titles of Albemarle, Surrey, Exeter, and Glocester, + conferred on them by Richard, entered into a conspiracy, together with the + earl of Salisbury and Lord Lumley, for raising an insurrection, and for + seizing the king’s person at Windsor;[*] but the treachery of Rutland gave + him warning of the danger. He suddenly withdrew to London; and the + conspirators, who came to Windsor with a body of five hundred horse, found + that they had missed this blow, on which all the success of their + enterprise depended. + </p> +<pre xml:space="preserve"> + * Walsing. p. 362. Otterborne. p. 224. +</pre> + <p> + Henry appeared, next day, at Kingston upon Thames, at the head of twenty + thousand men, mostly drawn from the city; and his enemies, unable to + resist his power, dispersed themselves, with a view of raising their + followers in the several counties which were the seat of their interest. + But the adherents of the king were hot in the pursuit, and every where + opposed themselves to their progress. The earls of Kent and Salisbury were + seized at Cirencester by the citizens, and were next day beheaded without + further ceremony, according to the custom of the times.[*] The citizens of + Bristol treated Spenser and Lumley in the same manner. The earl of + Huntingdon, Sir Thomas Blount, and Sir Benedict Sely, who were also taken + prisoners, suffered death, with many others of the conspirators, by orders + from Henry. And when the quarters of these unhappy men were brought to + London, no less than eighteen bishops and thirty-two mitred abbots joined + the populace, and met them with the most indecent marks of joy and + exultation. + </p> + <p> + But the spectacle the most shocking to every one, who retained any + sentiment either of honor or humanity, still remained. The earl of Rutland + appeared, carrying on a pole the head of Lord Spenser, his brother-in-law, + which he presented in triumph to Henry as a testimony of his loyalty. This + infamous man, who was soon after duke of York by the death of his father, + and first prince of the blood, had been instrumental in the murder of his + uncle, the duke of Glocester;[**] had then deserted Richard, by whom he + was trusted; had conspired against the life of Henry, to whom he had sworn + allegiance; had betrayed his associates, whom he had seduced into this + enterprise; and now displayed, in the face of the world, these badges of + his multiplied dishonor. + </p> +<pre xml:space="preserve"> + * Walsing. p. 363. Ypod. Neust. p. 556. + + ** Dugdale, vol. ii. p. 171. +</pre> + <p class="side"> + 1401. + </p> + <p> + Henry was sensible that, though the execution of these conspirators might + seem to give security to his throne, the animosities which remain after + such bloody scenes, are always dangerous to royal authority; and he + therefore determined not to increase, by any hazardous enterprise, those + numerous enemies with whom he was every where environed. While a subject, + he was believed to have strongly imbibed all the principles of his father, + the duke of Lancaster, and to have adopted the prejudices which the + Lollards inspired against the abuses of the established church: but + finding, himself possessed of the throne by so precarious a title, he + thought superstition a necessary implement of public authority; and he + resolved, by every expedient, to pay court to the clergy. There were + hitherto no penal laws enacted against heresy; an indulgence which had + proceeded, not from a spirit of toleration in the Romish church, but from + the ignorance and simplicity of the people, which had rendered them unfit + either for starting or receiving any new or curious doctrines, and which + needed not to be restrained by rigorous penalties. But when the learning + and genius of Wickliffe had once broken, in some measure, the fetters of + prejudice, the ecclesiastics called aloud for the punishment of his + disciples; and the king, who was very little scrupulous in his conduct, + was easily induced to sacrifice his principles to his interest, and to + acquire the favor of the church by that most effectual method, the + gratifying of their vengeance against opponents. He engaged the parliament + to pass a law for that purpose: it was enacted, that when any heretic, who + relapsed, or refused to abjure his opinions, was delivered over to the + secular arm by the bishop or his commissaries, he should be committed to + the flames by the civil magistrate before the whole people.[*] This weapon + did not long remain unemployed in the hands of the clergy: William Sautré, + rector of St. Osithes in London, had been condemned by the convocation of + Canterbury; his sentence was ratified by the house of peers; the king + issued his writ for the execution; [**] and the unhappy man atoned for his + erroneous opinions by the penalty of fire. This is the first instance of + that kind in England; and thus one horror more was added to those dismal + scenes which at that time were already but too familiar to the people. + </p> + <p> + But the utmost precaution and prudence of Henry could not shield him from + those numerous inquietudes which assailed him from every quarter. The + connections of Richard with the royal family of France, made that court + exert its activity to recover his authority, or revenge his death. [***] + </p> +<pre xml:space="preserve"> + * 2 Henry IV. chap. vii. + + ** Rymer, vol. viii. p. 178. + + *** Rymer, vol. viii. p. 123. +</pre> + <p> + But though the confusions in England tempted the French to engage in some + enterprise by which they might distress their ancient enemy, the greater + confusions which they experienced at home, obliged them quickly to + accommodate matters; and Charles, content with recovering his daughter + from Henry’s hands, laid aside his preparations, and renewed the truce + between the kingdoms.[*] The attack of Guienne was also an inviting + attempt, which the present factions that prevailed among the French + obliged them to neglect. The Gascons, affectionate to the memory of + Richard, who was born among them, refused to swear allegiance to a prince + that had dethroned and murdered him; and the appearance of a French army + on their frontiers would probably have tempted them to change masters.[**] + But the earl of Worcester, arriving with some English troops, gave + countenance to the partisans of Henry, and overawed their opponents. + Religion too was here found a cement to their union with England. The + Gascons had been engaged by Richard’s authority to acknowledge the pope of + Rome; and they were sensible that, if they submitted to France, it would + be necessary for them to pay obedience to the pope of Avignon, whom they + had been taught to detest as a schismatic. Their principles on this head + were too fast rooted to admit of any sudden or violent alteration. + </p> + <p> + The revolution in England proved likewise the occasion of an insurrection + in Wales. Owen Glendour, or Glendourduy, descended from the ancient + princes of that country, had become obnoxious on account of his attachment + to Richard: and Reginald, Lord Gray of Ruthyn, who was closely connected + with the new king, and who enjoyed a great fortune in the marches of + Wales, thought the opportunity favorable for oppressing his neighbor, and + taking possession of his estate. [***] Glendour, provoked at the + injustice, and still more at the indignity, recovered possession by the + sword; [****] Henry sent assistance to Gray; [*****] the Welsh took part + with Glendour: a troublesome and tedious war was kindled, which Glendour + long sustained by his valor and activity, aided by the natural strength of + the country, and the untamed spirit of its inhabitants. + </p> +<pre xml:space="preserve"> + * Rymer, vol. viii. p. 142, 152, 219. + + ** Rymer, vol. viii. p. 110, 111. + + *** Vita Ric. Sec. p. 171, 172 + + **** Walsing, p. 364. + +</pre> + <p> + As Glendour committed devastations promiscuously on all the English, he + infested the estate of the earl of Marche; and Sir Edmund Mortimer, uncle + to that nobleman, led out the retainers of the family, and gave battle to + the Welsh chieftain: his troops were routed, and he was taken prisoner:[*] + at the same time, the earl himself, who had been allowed to retire to his + castle of Wigmore, and who, though a mere boy, took the field with his + followers, fell also into Glendour’s hands, and was carried by him into + Wales.[**] As Henry dreaded and hated all the family of Marche, he allowed + the earl to remain in captivity; and though that young nobleman was nearly + allied to the Piercies, to whose assistance he himself had owed his crown, + he refused to the earl of Northumberland permission to treat of his ransom + with Glendour. + </p> + <p> + The uncertainty in which Henry’s affairs stood during a long time with + France, as well as the confusions incident to all great changes in + government, tempted the Scots to make incursions into England; and Henry, + desirous of taking revenge upon them, but afraid of rendering his new + government unpopular by requiring great supplies from his subjects, + summoned at Westminster a council of the peers, without the commons, and + laid before them the state of his affairs.[***] The military part of the + feudal constitution was now much decayed: there remained only so much of + that fabric as affected the civil rights and properties of men: and the + peers here undertook, but voluntarily, to attend the king in an expedition + against Scotland, each of them at the head of a certain number of his + retainers. [****] Henry conducted this army to Edinburgh, of which he + easily made himself master; and he there summoned Robert III. to do homage + to him for his crown.[*****] But finding that the Scots would neither + submit nor give him battle, he returned in three weeks, after making this + useless bravado; and he disbanded his army. + </p> + <p class="side"> + 1402. + </p> + <p> + In the subsequent season, Archibald, earl of Douglas, at the head of + twelve thousand men, and attended by many of the principal nobility of + Scotland, made an irruption into England, and committed devastations on + the northern counties. On his return home, he was overtaken by the + Piercies, at Homeldom, on the borders of England, and a fierce battle + ensued, where the Scots were totally routed. Douglas himself was taken + prisoner; as was Mordác, earl of Fife, son of the duke of Albany, and + nephew of the Scottish king, with the earls of Angus, Murray, and Orkney, + and many others of the gentry and nobility. [******] | When Henry received + intelligence of this victory, he sent the earl of Northumberland orders + not to ransom his prisoners, which that nobleman regarded as his right by + the laws of war received in that age. The king intended to detain them, + that he might be able by their means to make an advantageous peace with + Scotland; but by this policy he gave a fresh disgust to the family of + Piercy. + </p> +<pre xml:space="preserve"> + * Dugdale, vol. i. p. 150. + + ** Dugdale, vol. i. p. 151. + + *** Rymer, vol. viii. p. 125, 126. + + **** Rymer, Vol. viii. p.. 125. + + ****** Walsing p. 336. Vita Ric. Sec p. 180. Chron. + Otterborne. p. 237. +</pre> + <p class="side"> + 1403. + </p> + <p> + The obligations which Henry had owed to Northumberland, were of a kind the + most likely to produce ingratitude on the one side, and discontent on the + other. The sovereign naturally became jealous of that power which had + advanced him to the throne; and the subject was not easily satisfied in + the returns which he thought so great a favor had merited. Though Henry, + on his accession, had bestowed the office of constable on Northumberland + for life,[*] and conferred other gifts on that family, these favors were + regarded as their due; the refusal of any other request was deemed an + injury. + </p> +<pre xml:space="preserve"> + * Rymer, vol. viii. p. 89. +</pre> + <p> + The impatient spirit of Harry Piercy, and the factious disposition of the + earl of Worcester, younger brother of Northumberland, inflamed the + discontents of that nobleman; and the precarious title of Henry tempted + him to seek revenge, by overturning that throne which he had at first + established. He entered into a correspondence with Glendour: he gave + liberty to the earl of Douglas, and made an alliance with that martial + chief: he roused up all his partisans to arms; and such unlimited + authority at that time belonged to the great families, that the same men, + whom, a few years before, he had conducted against Richard, now followed + his standard in opposition to Henry. When war was ready to break out, + Northumberland was seized with a sudden illness at Berwick: and young + Piercy, taking the command of the troops, marched towards Shrewsbury, in + order to join his forces with those of Glendour, The king had happily a + small army on foot, with which he had intended to act against the Scots; + and knowing the importance of celerity in all civil wars, he instantly + hurried down, that he might give battle to the rebels. He approached + Piercy near Shrewsbury, before that nobleman was joined by Glendour; and + the policy of one leader, and impatience of the other, made them hasten to + a general engagement. + </p> + <p> + The evening before the battle, Piercy sent a manifesto to Henry, in which + he renounced his allegiance, set that prince at defiance, and, in the name + of his father and uncle, as well as his own, enumerated all the grievances + of which, he pretended, the nation had reason to complain; He upbraided + him with the perjury of which he had been guilty, when, on landing at + Ravenspur, he had sworn upon the Gospels, before the earl of + Northumberland, that he had no other intension than to recover the duchy + of Lancaster, and that he would ever remain a faithful subject to King + Richard. He aggravated his guilt in first dethroning, then murdering that + prince, and in usurping on the title of the house of Mortimer, to whom, + both by lineal succession, and by declarations of parliament, the throne, + when vacant by Richard’s demise, did of right belong. He complained of his + cruel policy in allowing the young earl of Marche, whom he ought to regard + as his sovereign, to remain a captive in the hands of his enemies, and in + even refusing to all his friends permission to treat of his ransom; He + charged him again with perjury in loading the nation with heavy taxes, + after having sworn that, without the utmost necessity, he would never levy + any impositions upon them. And he reproached him with the arts employed in + procuring favorable elections into parliament; arts which he himself had + before imputed as a crime to Richard, and which he had made one chief + reason of that prince’s arraignment and deposition.[*] This manifesto was + well calculated to inflame the quarrel between the parties: the bravery of + the two leaders promised an obstinate engagement; and the equality of the + armies, being each about twelve thousand men, a number which was not + unmanageable by the commanders, gave reason to expect a great effusion of + blood on both sides, and a very doubtful issue to the combat. + </p> + <p> + We shall scarcely find any battle in those ages where the shock was more + terrible and more constant. Henry exposed his person in the thickest of + the fight: his gallant son, whose military achievements were afterwards so + renowned, and who here performed his novitiate in arms, signalized himself + on his father’s footsteps; and even a wound, which he received in the face + with tin arrow, could not oblige him to quit the field.[**] + </p> +<pre xml:space="preserve"> + * Hall, fol. 21, 22, etc. + + ** T. Livii, p. 3 +</pre> + <p> + Piercy supported that fame which he had acquired in many a bloody combat. + And Douglas, his ancient enemy, and now his friend, still appeared his + rival amidst the horror and confusion of the day. This nobleman performed + feats of valor which are almost incredible: he seemed determined that the + king of England should that day fall by his arm: he sought him all over + the field of battle: and as Henry, either to elude the attacks of the + enemy upon his person, or to encourage his own men by the belief of his + presence every where, had accoutred several captains in the royal garb, + the sword of Douglas rendered this honor fatal to many.[*] But while the + armies were contending in this furious manner, the death of Piercy, by an + unknown hand, decided the victory, and the royalists prevailed. There are + said to have fallen that day on both sides near two thousand three hundred + gentlemen; but the persons of greatest distinction were on the king’s; the + earl of Stafford, Sir Hugh Shirley, Sir Nicholas Gausel, Sir Hugh + Mortimer, Sir John Massey, Sir John Calverly. About six thousand private + men perished, of whom two thirds were of Piercy’s army.[**] The earls of + Worcester and Douglas were taken prisoners: the former was beheaded at + Shrewsbury; the latter was treated with the courtesy due to his rank and + merit. + </p> + <p> + The earl of Northumberland, having recovered from his sickness, had levied + a fresh army, and was on his march to join his son; but being opposed by + the earl of Westmoreland, and hearing of the defeat at Shrewsbury, he + dismissed his forces, and came with a small retinue to the king at + York.[***] He pretended that his sole intention in arming was to mediate + between the parties: Henry thought proper to accept of the apology, and + even granted him a pardon for his offence: all the other rebels were + treated with equal lenity; and, except the earl of Worcester and Sir + Richard Vernon, who were regarded as the chief authors of the + insurrection, no person engaged in this dangerous enterprise seems to have + perished by the hands of the executioner.[****] + </p> +<pre xml:space="preserve"> + * Walsing. p. 366, 367. Hall, fol. 22. + + ** Chron. Otterborne, p. 224. Ypod. Neust. p. 560. + + *** Chron. Otterborne, p. 225. + + **** Rymer, vol. viii. p. 353. +</pre> + <p class="side"> + 1405. + </p> + <p> + But Northumberland, though he had been pardoned, knew that he never should + be trusted, and that he was too powerful to be cordially forgiven by a + prince whose situation gave him such reasonable grounds of jealousy. It + was the effect either of Henry’s vigilance or good fortune, or of the + narrow genius of his enemies, that no proper concert was ever formed among + them: they rose in rebellion one after another; and thereby afforded him + an opportunity of suppressing singly those insurrections which, had they + been united, might have proved fatal to his authority. The earl of + Nottingham, son of the duke of Norfolk, and the archbishop of York, + brother to the earl of Wiltshire, whom Henry, then duke of Lancaster, had + beheaded at Bristol, though they had remained quiet while Piercy was in + the field, still harbored in their breast a violent hatred against the + enemy of their families; and they determined, in conjunction with the earl + of Northumberland, to seek revenge against him. They betook themselves to + arms before that powerful nobleman was prepared to join them; and + publishing a manifesto, in which they reproached Henry with his usurpation + of the crown and the murder of the late king, they required that the right + line should be restored, and all public grievances be redressed. The earl + of Westmoreland, whose power lay in the neighborhood, approached them with + an inferior force at Shipton, near York; and being afraid to hazard an + action, he attempted to subdue them by a stratagem, which nothing but the + greatest folly and simplicity on their part could have rendered + successful. He desired a conference with the archbishop and earl between + the armies: he heard their grievances with great patience: he begged them + to propose the remedies: he approved of every expedient which they + suggested: he granted them all their demands: he also engaged that Henry + should give them entire satisfaction: and when he saw them pleased with + the facility of his concessions, he observed to them, that, since amity + was now in effect restored between them, it were better on both sides to + dismiss their forces, which otherwise would prove an insupportable burden + to the country. The archbishop and the earl of Nottingham immediately gave + directions to that purpose: their troops disbanded upon the field: but + Westmoreland, who had secretly issued contrary orders to his army, seized + the two rebels without resistance, and carried them to the king, who was + advancing with hasty marches to suppress the insurrection.[*] + </p> +<pre xml:space="preserve"> + * Walsing. p. 373. Otterborne, p 255. +</pre> + <p> + The trial and punishment of an archbishop might have proved a troublesome + and dangerous undertaking, had Henry proceeded regularly, and allowed time + for an opposition to form itself against that unusual measure: the + celerity of the execution alone could here render it safe and prudent. + Finding that Sir William Gascoigne, the chief justice, made some scruple + of acting on this occasion, he appointed Sir William Fulthorpe for judge; + who, without any indictment, trial, or defence pronounced sentence of + death upon the prelate which was presently executed. This was the first + instance in England of a capital punishment inflicted on a bishop; whence + the clergy of that rank might learn that their crimes, more than those of + laies, were not to pass with impunity. The earl of Nottingham was + condemned and executed in the same summary manner: but though many other + persons of condition, such as Lord Falconberg, Sir Ralph Hastings, Sir + John Colville, were engaged in this rebellion, no others seem to have + fallen victims to Henry’s severity. + </p> + <p> + The earl of Northumberland, on receiving this intelligence, fled into + Scotland, together with Lord Bardolf;[*] and the king, without opposition, + reduced all the castles and fortresses belonging to these noblemen. He + thence turned his arms against Glendour, over whom his son, the prince of + Wales, had attained some advantages; but that enemy, more troublesome than + dangerous, still found means of defending himself in his fastnesses, and + of eluding, though not resisting, all the force of England. + </p> + <p class="side"> + 1407. + </p> + <p> + In a subsequent season, the earl of Northumberland and Lord Bardolf, + impatient of their exile, entered the north, in hopes of raising the + people to arms; but found the country in such a posture as rendered all + their attempts unsuccessful. Sir Thomas Rokesby, sheriff of Yorkshire, + levied some forces, attacked the invaders at Bramham, and gained a + victory, in which both Northumberland and Bardolf were slain.** This + prosperous event, joined to the death of Glendour, which happened soon + after, freed Henry from all his domestic enemies; and this prince, who had + mounted the throne by such unjustifiable means, and held it by such an + exceptionable title, had yet, by his valor, prudence, and address, + accustomed the people to the yoke, and had obtained a greater ascendant + over his haughty barons, than the law alone, not supported by these active + qualities, was ever able to confer. + </p> +<pre xml:space="preserve"> + * Walsing. p. 374. + + ** Walsing, p. 377. Chron. Otterb. p. 261. +</pre> + <p> + About the same time, fortune gave Henry an advantage over that neighbor, + who, by his situation, was most enabled to disturb his government. Robert + III., king of Scots, was a prince, though of slender capacity, extremely + innocent and inoffensive in his conduct: but Scotland, at that time, was + still less fitted than England for cherishing, or even enduring sovereigns + of that character. The duke of Albany, Robert’s brother, a prince of more + abilities, at least of a more boisterous and violent disposition, had + assumed the government of the state; and, not satisfied with present + authority, he entertained the criminal purpose of extirpating his + brother’s children, and of acquiring the crown to his own family. He threw + in prison David, his eldest nephew; who there perished by hunger: James + alone, the younger brother of David, stood between that tyrant and the + throne; and King Robert, sensible of his son’s danger, embarked him on + board a ship, with a view of sending him to France, and intrusting him to + the protection of that friendly power. Unfortunately, the vessel was taken + by the English; Prince James, a boy about nine years of age, was carried + to London; and though there subsisted at that time a truce between the + kingdoms, Henry refused to restore the young prince to his liberty. + Robert, worn out with cares and infirmities, was unable to bear the shock + of this last misfortune; and he soon after died, leaving the government in + the hands of the duke of Albany.[*] Henry was now more sensible than ever + of the importance of the acquisition which he had made: while he retained + such a pledge, he was sure of keeping the duke of Albany in dependence; + or, if offended, he could easily, by restoring the true heir, take ample + revenge upon the usurper. But though the king, by detaining James in the + English court, had shown himself somewhat deficient in generosity, he made + ample amends by giving that prince an excellent education, which + afterwards qualified him, when he mounted the throne, to reform in some + measure the rude and barbarous manners of his native country. + </p> +<pre xml:space="preserve"> + * Buchanan, lib. x. +</pre> + <p> + The hostile dispositions which of late had prevailed between France and + England, were restrained, during the greater part of this reign, from + appearing in action. The jealousies and civil commotions with which both + nations were disturbed, kept each of them from taking advantage of the + unhappy situation of its neighbor. But as the abilities and good fortune + of Henry had sooner been able to compose the English factions, this prince + began, in the latter part of his reign, to look abroad, and to foment the + animosities between the families of Burgundy and Orleans, by which the + government of France was, during that period, so much distracted. He knew + that one great source of the national discontent against his predecessor + was the inactivity of his reign; and he hoped, by giving a new direction + to the restless and unquiet spirits of his people, to prevent their + breaking out in domestic wars and disorders. + </p> + <p class="side"> + 1411. + </p> + <p> + That he might unite policy with force, he first entered into treaty with + the duke of Burgundy, and sent that prince a small body of troops, which + supported him against his enemies.[*] Soon after, he hearkened to more + advantageous proposals made him by the duke of Orleans, and despatched a + greater body to support that party. + </p> + <p class="side"> + 1412. + </p> + <p> + But the leaders of the opposite factions having made a temporary + accommodation, the interests of the English were sacrificed; and this + effort of Henry proved, in the issue, entirely vain and fruitless. The + declining state of his health, and the shortness of his reign, prevented + him from renewing the attempt, which his more fortunate son carried to so + great a length against the French monarchy. + </p> + <p> + Such were the military and foreign transactions of this reign: the civil + and parliamentary are somewhat more memorable, and more worthy of our + attention. During the two last reigns, the elections of the commons had + appeared a circumstance of government not to be neglected; and Richard was + even accused of using unwarrantable methods for procuring to his partisans + a seat in that house. This practice formed one considerable article of + charge against him in his deposition; yet Henry scrupled not to tread in + his footsteps, and to encourage the same abuses in elections. Laws were + enacted against such undue influence; and even a sheriff was punished for + an iniquitous return which he had made:[**] but laws were commonly at that + time very ill executed; and the liberties of the people, such as they + were, stood on a surer basis than on laws and parliamentary elections. + </p> +<pre xml:space="preserve"> + * Walsing. p. 380. + + ** Cotton, p. 429. +</pre> + <p> + Though the house of commons was little able to withstand the violent + currents which perpetually ran between the monarchy and the aristocracy, + and though that house might easily be brought, at a particular time, to + make the most unwarrantable concessions to either, the general + institutions of the state still remained invariable; the interests of the + several members continued on the same footing; the sword was in the hands + af the subject; and the government, though thrown into temporary disorder, + soon settled itself on its ancient foundations. + </p> + <p> + During the greater part of this reign, the king was obliged to court + popularity; and the house of commons, sensible of their own importance, + began to assume powers which had not usually been exercised by their + predecessors. In the first year of Henry, they procured a law, that no + judge, in concurring with any iniquitous measure, should be excused by + pleading the orders of the king, or even the danger of his* own life from + the menaces of the sovereign.[*] In the second year, they insisted on + maintaining the practice of not granting any supply before they received + an answer to their petitions, which was a tacit manner of bargaining with + the prince.[**] In the fifth year, they desired the king to remove from + his household four persons who had displeased them, among whom was his own + confessor, and Henry, though he told them that he knew of no offence which + these men had committed, yet, in order to gratify them, complied with + their request.[***] In the sixth year, they voted the king supplies, but + appointed treasurers of their own, to see the money disbursed for the + purposes intended, and required them to deliver in their accounts to the + house.[****] In the eighth year, they proposed, for the regulation of the + government and household, thirty important articles, which were all agreed + to; and they even obliged all the members of council, all the judges, and + all the officers of the household, to swear to the observance of + them.[*****] The abridger of the records remarks the unusual liberties + taken by the speaker and the house during this period.[******] But the + great authority of the commons was but a temporary advantage, arising from + the present situation. In a subsequent parliament, when the speaker made + his customary application to the throne for liberty of speech, the king, + having now overcome all his domestic difficulties, plainly told him that + he would have no novelties introduced, and would enjoy his prerogatives. + But on the whole, the limitations of the government seem to have been more + sensibly felt, and more carefully maintained, by Henry than by any of his + predecessors. + </p> +<pre xml:space="preserve"> + * Cotton, p. 364. + + ** Cotton, p. 406. + + *** Cotton, p. 426. + + **** Cotton, p. 438. + + ****** Cotton, p 462. +</pre> + <p> + During this reign, when the house of commons were at any time brought to + make unwary concessions to the crown they also showed their freedom by a + speedy retractation of them. Henry, though he entertained a perpetual and + well grounded jealousy of the family of Mortimer, allowed not their name + to be once mentioned in parliament; and as none of the rebels had ventured + to declare the earl of Marche king, he never attempted to procure, what + would not have been refused him, an express declaration against the claim + of that nobleman; because he knew that such a declaration, in the present + circumstances, would have no authority, and would only serve to revive the + memory of Mortimer’s title in the minds of the people. He proceeded in his + purpose after a more artful and covert manner. He procured a settlement of + the crown on himself and his heirs male,[*] thereby tacitly excluding the + females, and transferring the Salic law into the English government. He + thought that, though the house of Plantagenet had at first derived their + title from a female, this was a remote event, unknown to the generality of + the people; and if he could once accustom them to the practice of + excluding women, the title of the earl of Marche would gradually be + forgotten and neglected by them. But he was very unfortunate in this + attempt. During the long contests with France, the injustice of the Salic + law had been so much exclaimed against by the nation, that a contrary + principle had taken deep root in the minds of men; and it was now become + impossible to eradicate it. The same house of commons, therefore, in a + subsequent session, apprehensive that they had overturned the foundations + of the English government, and that they had opened the door to more civil + wars than might ensue even from the irregular elevation of the house of + Lancaster, applied with such earnestness for a new settlement of the + crown, that Henry yielded to their request, and agreed to the succession + of the princesses of his family;[**] a certain proof that nobody was, in + his heart, satisfied with the king’s title to the crown, or knew on what + principle to rest it. + </p> + <p> + But though the commons, during this reign, showed a laudable zeal for + liberty in their transactions with the crown, their efforts against the + church were still more extraordinary, and seemed to anticipate very much + the spirit which became so general in little more than a century + afterwards. I know that the credit of these passages rests entirely on one + ancient historian;[***] but that historian was contemporary, was a + clergyman, and it was contrary to the interests of his order to preserve + the memory of such transactions, much more to forge precedents which + posterity might some time be tempted to imitate. + </p> +<pre xml:space="preserve"> + * Cotton, p. 454. + + ** Rymer, vol. viii. p. 462. + + *** Walsingham. +</pre> + <p> + This is a truth so evident, that the most likely way of accounting for the + silence of the records on this head, is by supposing that the authority of + some churchmen was so great as to procure a razure, with regard to these + circumstances, which the indiscretion of one of that order has happily + preserved to us. + </p> + <p> + In the sixth of Henry, the commons, who had been required to grant + supplies, proposed in plain terms to the king, that he should seize all + the temporalities of the church, and employ them as a perpetual fund to + serve the exigencies of the state. They insisted that the clergy possessed + a third of the lands of the kingdom; that they contributed nothing to the + public burdens; and that their riches tended only to disqualify them from + performing their ministerial functions with proper zeal and attention. + When this address was presented, the archbishop of Canterbury, who then + attended the king, objected that the clergy, though they went not in + person to the wars, sent their vassals and tenants in all cases of + necessity; while at the same time they themselves, who staid at home, were + employed night and day in offering up their prayers for the happiness and + prosperity of the state. The speaker smiled, and answered without reserve, + that he thought the prayers of the church but a very slender supply. The + archbishop, however, prevailed in the dispute; the king discouraged the + application of the commons; and the lords rejected the bill which the + lower house had framed for stripping the church of her revenues.[*] + </p> +<pre xml:space="preserve"> + * Walsing. p. 371. Ypod. Neust. p. 563. +</pre> + <p> + The commons were not discouraged by this repulse: in the eleventh of the + king, they returned to the charge with more zeal than before: they made a + calculation of all the ecclesiastical revenues, which, by their account, + amounted to four hundred and eighty-five thousand marks a year, and + contained eighteen thousand four hundred ploughs of land. They proposed to + divide this property among fifteen new earls, one thousand five hundred + knights, six thousand esquires, and a hundred hospitals, besides twenty + thousand pounds a year, which the king might take for his own use; and + they insisted, that the clerical functions would be better performed than + at present by fifteen thousand parish priests, paid at the rate of seven + marks apiece of yearly stipend.[*] This application was accompanied with + an address for mitigating the statutes enacted against the Lollards, which + shows from what source the address came. The king gave the commons a + severe reply and further to satisfy the church, and to prove that he was + quite in earnest, he ordered a Lollard to be burned before the dissolution + of the parliament.[**] + </p> +<pre xml:space="preserve"> + * Walsing. p. 379. Tit. Livius. + + ** Rymer, vol. viii. p. 627. Otterborne> p. 267. +</pre> + <p class="side"> + 1413. + </p> + <p> + We have now related almost all the memorable transactions of this reign, + which was busy and active, but produced few events that deserve to be + transmitted to posterity. The king was so much employed in defending his + crown, which he had obtained by unwarrantable means, and possessed by a + bad title, that he had little leisure to look abroad, or perform any + action which might redound to the honor and advantage of the nation. His + health declined some months before his death; he was subject to fits, + which bereaved him, for the time, of his senses; and though he was yet in + the flower of his age, his end was visibly approaching. He expired at + Westminster, in the forty-sixth year of his age, and the thirteenth of his + reign. + </p> + <p> + The great popularity which Henry enjoyed before he attained the crown, and + which had so much aided him in the acquisition of it, was entirely lost + many years before the end of his reign; and he governed his people more by + terror than by affection, more by his own policy than by their sense of + duty or allegiance. When men came to reflect, in cool blood, on the crimes + which had led him to the throne; the rebellion against his prince; the + deposition of a lawful king, guilty sometimes, perhaps, of oppression, but + more frequently of indiscretion; the exclusion of the true heir; the + murder of his sovereign and near relation; these were such enormities as + drew on him the hatred of his subjects, sanctified all the rebellions + against him, and made the executions, though not remarkably severe, which + he found necessary for the maintenance of his authority, appear cruel as + well as iniquitous to the people. Yet, without pretending to apologize for + these crimes, which must ever be held in detestation, it may be remarked, + that he was insensibly led into this blamable conduct by a train of + incidents which few men possess virtue enough to withstand. The injustice + with which his predecessor had treated him, in first condemning him to + banishment, then despoiling him of his patrimony, made him naturally think + of revenge, and of recovering his lost rights; the headlong zeal of the + people hurried him into the throne; the care of his own security, as well + as his ambition, made him a usurper; and the steps have always been so few + between the prisons of princes and their graves, that we need not wonder + that Richard’s fate was no exception to the general rule. All these + considerations make Henry’s situation, if he retained any sense of virtue, + much to be lamented; and the inquietude with which he possessed his envied + greatness, and the remorses by which, it is said, he was continually + haunted, render him an object of our pity, even when seated upon the + throne. But it must be owned, that his prudence, and vigilance, and + foresight, in maintaining his power, were admirable; his command of temper + remarkable; his courage, both military and political, without blemish; and + he possessed many qualities which fitted him for his high station, and + which rendered his usurpation of it, though pernicious in after times, + rather salutary, during his own reign, to the English nation. + </p> + <p> + Henry was twice married: by his first wife, Mary deBohun, daughter and + coheir of the earl of Hereford, he had four sons, Henry, his successor in + the throne, Thomas, duke of Clarence, John, duke of Bedford, and Humphrey, + duke of Glocester: and two daughters, Blanche and Philippa; the former + married to the duke of Bavaria, the latter to the king of Denmark. His + second wife, Jane, whom he married after he was king, and who was daughter + of the king of Navarre, and widow of the duke of Brittany, brought him no + issue. + </p> + <p> + By an act of the fifth of this reign, it is made felony to cut out any + person’s tongue, or put out his eyes; crimes which, the act says, were + very frequent. This savage spirit of revenge denotes a barbarous people; + though, perhaps, it was increased by the prevailing factions and civil + commotions. + </p> + <p> + Commerce was very little understood in this reign, as in all the + preceding. In particular, a great jealousy prevailed against merchant + strangers; and many restraints were by law imposed upon them; namely, that + they should lay out in English manufactures or commodities all the money + acquired by the sale of their goods; that they should not buy or sell with + one another; and that all their goods should be disposed of three months + after importation.[*] + </p> +<pre xml:space="preserve"> + * 4 Henry IV. cap. 15, and 5 Henry IV. cap. 9. +</pre> + <p> + This last clause was found so inconvenient, that it was soon after + repealed by parliament. + </p> + <p> + It appears that the expense of this king’s household amounted to the + yearly sum of nineteen thousand five hundred pounds, money of that age.[*] + </p> +<pre xml:space="preserve"> + * Rymer, tom. viii. p. 610. +</pre> + <p> + Guicciardin tells us, that the Flemings in this century learned from Italy + all the refinements in arts, which they taught the rest of Europe. The + progress, however, of the arts was still very slow and backward in + England. + </p> + <p> + <a name="link2HCH0008" id="link2HCH0008"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XIX. + </h2> + <p> + <a name="linkimage-0011" id="linkimage-0011"> + <!-- IMG --></a> <a href="images/1_256_henry5.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_256_henry5_th.jpg" style="width:100%;" title="Henry V." alt="1_256_henry5.jpg Henry V. " /><br /> + </div> + <p> + <a name="link2H_4_0016" id="link2H_4_0016"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + HENRY V. + </h2> + <p class="side"> + 1413. + </p> + <p> + THE many jealousies to which Henry IV.‘s situation naturally exposed him, + had so infected his temper, that he had entertained unreasonable + suspicions with regard to the fidelity of his eldest son; and during the + latter years of his life, he had excluded that prince from all share in + public business, and was even displeased to see him at the head of armies, + where his martial talents, though useful to the support of government, + acquired him a renown, which he thought might prove dangerous to his own + authority. The active spirit of young Henry, restrained from its proper + exercise, broke out into extravagances of every kind; and the riot of + pleasure, the frolic of debauchery, the outrage of wine, filled the + vacancies of a mind better adapted to the pursuits of ambition and the + cares of government. This course of life threw him among companions, whose + disorders, if accompanied with spirit and humor, he indulged and seconded; + and he was detected in many sallies, which, to severer eyes, appeared + totally unworthy of his rank and station. There even remains a tradition + that, when heated with liquor and jollity, he scrupled not to accompany + his riotous associates in attacking the passengers on the streets and + highways, and despoiling them of their goods; and he found an amusement in + the incidents which the terror and regret of these defenceless people + produced on such occasions. This extreme of dissoluteness proved equally + disagreeable to his father, as that eager application to business which + had at first given him occasion of jealousy; and he saw in his son’s + behavior the same neglect of decency, the same attachment to low company, + which had degraded the personal character of Richard, and which, more than + all his errors in government, had tended to overturn his throne. But the + nation in general considered the young prince with more indulgence; and + observed so many gleams of generosity, spirit, and magnanimity, breaking + continually through the cloud which a wild conduct threw over his + character, that they never ceased hoping for his amendment; and they + ascribed all the weeds, which shot up in that rich soil, to the want of + proper culture and attention in the king and his ministers. There happened + an incident which encouraged these agreeable views, and gave much occasion + for favorable reflections to all men of sense and candor. A riotous + companion of the prince’s had been indicted before Gascoigne, the chief + justice, for some disorders; and Henry was not ashamed to appear at the + bar with the criminal, in order to give him countenance and protection. + Finding that his presence had not overawed the chief justice, he proceeded + to insult that magistrate on his tribunal; but Gascoigne, mindful of the + character which he then bore, and the majesty of the sovereign and of the + laws which he sustained, ordered the prince to be carried to prison for + his rude behavior.[*] The spectators were agreeably disappointed, when + they saw the heir of the crown submit peaceably to this sentence, make + reparation for his error by acknowledging it, and check his impetuous + nature in the midst of its extravagant career. + </p> + <p> + The memory of this incident, and of many others of a like nature, rendered + the prospect of the future reign nowise disagreeable to the nation, and + increased the joy which the death of so unpopular a prince as the late + king naturally occasioned. The first steps taken by the young prince + confirmed all those prepossessions entertained in his favor.[**] He called + together his former companions, acquainted them with his intended + reformation, exhorted them to imitate his example, but strictly inhibited + them, till they had given proofs of their sincerity in this particular, + from appearing any more in his presence; and he thus dismissed them with + liberal presents.[***] + </p> +<pre xml:space="preserve"> + * Hall, fol, 33. + + ** Walsing, p. 382. + + *** Hall, fol. 33. Holingshed, p. 543. Godwin’s Life of + Henry V, p. 1 +</pre> + <p> + The wise ministers of his father, who had checked his riots, found that + they had unknowingly been paying the highest court to him; and were + received with all the marks of favor and confidence. The chief justice + himself, who trembled to approach the royal presence, met with praises + instead of reproaches for his past conduct, and was exhorted to persevere + in the same rigorous and impartial execution of the laws. The surprise of + those who expected an opposite behavior, augmented their satisfaction; and + the character of the young king appeared brighter than if it had never + been shaded by any errors. + </p> + <p> + But Henry was anxious not only to repair his own misconduct, but also to + make amends for those iniquities into which policy or the necessity of + affairs had betrayed his father. He expressed the deepest sorrow for the + fate of the unhappy Richard, did justice to the memory of that unfortunate + prince, even performed his funeral obsequies with pomp and solemnity, and + cherished all those who had distinguished themselves by their loyalty and + attachment towards him.[*] Instead of continuing the restraints which the + jealousy of his father had imposed on the earl of Marche, he received that + young nobleman with singular courtesy and favor; and by this magnanimity + so gained on the gentle and unambitious nature of his competitor, that he + remained ever after sincerely attached to him, and gave him no disturbance + in his future government. The family of Piercy was restored to its fortune + and honors.[**] The king seemed ambitious to bury all party distinctions + in oblivion: the instruments of the preceding reign, who had been advanced + from their blind zeal for the Lancastrian interests, more than from their + merits, gave place every where to men of more honorable characters; virtue + seemed now to have an open career, in which it might exert itself: the + exhortations, as well as example of the prince, gave it encouragement: all + men were unanimous in their attachment to Henry; and the defects of his + title were forgotten, amidst the personal regard which was universally + paid to him. + </p> + <p> + There remained among the people only one party distinction, which was + derived from religious differences, and which, as it is of a peculiar and + commonly a very obstinate nature, the popularity of Henry was not able to + overcome. The Lollards were every day increasing in the kingdom, and were + become a formed party, which appeared extremely dangerous to the church, + and even formidable to the civil authority.[***] The enthusiasm by which + these sectaries were generally actuated the great alterations which they + pretended to introduce, the hatred which they expressed against the + established hierarchy, gave an alarm to Henry; who, either from a sincere + attachment to the ancient religion, or from a dread of the unknown + consequences which attend all important changes, was determined to execute + the laws against such bold innovators. + </p> +<pre xml:space="preserve"> + * Hist. Croyland. Contin. Hall, fol. 34. Holing, p. 544. + + ** Holing, p. 545. + + *** Walsing. p. 382. +</pre> + <p> + The head of this sect was Sir John Oldcastle, Lord Cobham, a nobleman who + had distinguished himself by his valor and his military talents, and had, + on many occasions, acquired the esteem both of the late and of the present + king.[*] His high character and his zeal for the new sect pointed him out + to Arundel, archbishop of Canterbury, as the proper victim of + ecclesiastical severity, whose punishment would strike a terror into the + whole party, and teach them that they must expect no mercy under the + present administration. He applied to Henry for a permission to indict + Lord Cobham;[**] but the generous nature of the prince was averse to such + sanguinary methods of conversion. He represented to the primate, that + reason and conviction were the best expedients for supporting truth; that + all gentle means ought first to be tried, in order to reclaim men from + error; and that he himself would endeavor, by a conversation with Cobham, + to reconcile him to the Catholic faith. But he found that nobleman + obstinate in his opinions, and determined not to sacrifice truths of such + infinite moment to his complaisance for sovereigns.[***] + </p> +<pre xml:space="preserve"> + * Walsing. p 382. + + ** Fox’s Acts and Monuments, p. 513. + + *** Rymer, vol ix. p. 61. Walsing. p. 383. +</pre> + <p> + Henry’s principles of toleration, or rather his love of the practice, + could carry him no farther; and he then gave full reins to ecclesiastical + severity against the inflexible heresiarch. The primate indicted Cobham, + and with the assistance of his three suffragans, the bishops of London, + Winchester, and St. David’s, condemned him to the flames for his erroneous + opinions. Cobham, who was confined in the Tower, made his escape before + the day appointed for his execution. The bold spirit of the man, provoked + by persecution and stimulated by zeal, was urged to attempt the most + criminal enterprises; and his unlimited authority over the new sect proved + that he well merited the attention of the civil magistrate. He formed in + his retreat very violent designs against his enemies; and despatching his + emissaries to all quarters, appointed a general rendezvous of the party, + in order to seize the person of the king at Eltham, and put their + persecutors to the sword.[*] + </p> + <p class="side"> + 1414. + </p> + <p> + Henry, apprised of their intention, removed to Westminster: Cobham was not + discouraged by this disappointment; but changed the place of rendezvous to + the field near St. Giles; the king, having shut the gates of the city, to + prevent any reënforcement to the Lollards from that quarter, came into the + field in the night-time, seized such of the conspirators as appeared, and + afterwards laid hold of the several parties who were hastening to the + place appointed. It appeared, that a few only were in the secret of the + conspiracy; the rest implicitly followed their leaders: but upon the trial + of the prisoners, the treasonable designs of the sect were rendered + certain, both from evidence and from the confession of the criminals + themselves.[**] Some were executed; the greater number pardoned.[***] + Cobham himself, who made his escape by flight, was not brought to justice + till four years after; when he was hanged as a traitor; and his body was + burnt on the gibbet, in execution of the sentence pronounced against him + as a heretic.[****] This criminal design, which was perhaps somewhat + aggravated by the clergy, brought discredit upon the party, and checked + the progress of that sect, which had embraced the speculative doctrines of + Wickliffe, and at the same time aspired to a reformation of ecclesiastical + abuses. + </p> +<pre xml:space="preserve"> + * Walsing. p. 385. + + ** Cotton, p. 554. Hall, fol. 35. Holing, p. 544. + + *** Rymer, vol. ix. p. 119, 129, 193. + + **** Walsing. p. 400. Otterborne, p. 280. Holing, p. 561. +</pre> + <p> + These two points were the great objects of the Lollards; but the bulk of + the nation was not affected in the same degree by both of them. Common + sense and obvious reflection had discovered to the people the advantages + of a reformation in discipline; but the age was not yet so far advanced as + to be seized with the spirit of controversy, or to enter into those + abstruse doctrines which the Lollards endeavored to propagate throughout + the kingdom. The very notion of heresy alarmed the generality of the + people: innovation in fundamental principles was suspicious: curiosity was + not, as yet, a sufficient counterpoise to authority; and even many, who + were the greatest friends to the reformation of abuses, were anxious to + express their detestation of the speculative tenants of the Wickliffites, + which, they feared, threw disgrace on so good a cause. This turn of + thought appears evidently in the proceedings of the parliament which was + summoned immediately after the detection of Cobham’s conspiracy. That + assembly passed severe laws against the new heretics: they enacted, that + whoever was convicted of Lollardy before the ordinary besides suffering + capital punishment according to the laws formerly established, should also + forfeit his lands and goods to the king; and that the chancellor, + treasurer, justices of the two benches, sheriffs, justices of the peace, + and all the chief magistrates in every city and borough, should take an + oath to use their utmost endeavors for the extirpation of heresy.[*] Yet + this very parliament, when the king demanded supply, renewed the offer + formerly pressed upon his father, and entreated him to seize all the + ecclesiastical revenues, and convert them to the use of the crown.[**] The + clergy were alarmed: they could offer the king no bribe which was + equivalent: they only agreed to confer on him all the priories alien, + which depended on capital abbeys in Normandy, and had been bequeathed to + these abbeys, when that province remained united to England: and + Chicheley, now archbishop of Canterbury, endeavored to divert the blow by + giving occupation to the king, and by persuading him to undertake a war + against France, in order to recover his lost rights to that kingdom.[***] + </p> +<pre xml:space="preserve"> + * 2 Henry V. chap. 7. + + ** Hall, fol. 35. + + *** Hall, fol. 35. 36. +</pre> + <p> + It was the dying injunction of the late king to his son, not to allow the + English to remain long in peace, which was apt to breed intestine + commotions; but to employ them in foreign expeditions, by which the prince + might acquire honor; the nobility, in sharing his dangers, might attach + themselves to his person; and all the restless spirits find occupation for + their inquietude. The natural disposition of Henry sufficiently inclined + him to follow this advice, and the civil disorders of France, which had + been prolonged beyond those of England, opened a full career to his + ambition. + </p> + <p class="side"> + 1415. + </p> + <p> + The death of Charles V., which followed soon after that of Edward III., + and the youth of his son, Charles VI., put the two kingdoms for some time + in a similar situation; and it was not to be apprehended, that either of + them, during a minority, would be able to make much advantage of the + weakness of the other. The jealousies also between Charles’s three uncles, + the dukes of Anjou, Bern, and Burgundy, had distracted the affairs of + France rather more than those between the dukes of Lancaster, York, and + Gloucester. Richard’s three uncles, disordered those of England; and had + carried off the attention of the French nation from any vigorous + enterprise against foreign states. But in proportion as Charles advanced + in years, the factions were composed; his two uncles, the dukes of Anjou + and Burgundy, died; and the king himself, assuming the reins of + government, discovered symptoms of genius and spirit, which revived the + drooping hopes of his country. This promising state of affairs was not of + long duration: the unhappy prince fell suddenly into a fit of frenzy, + which rendered him incapable of exercising his authority; and though he + recovered from this disorder, he was so subject to relapses, that his + judgment was gradually but sensibly impaired, and no steady plan of + government could be pursued by him. The administration of affairs was + disputed between his brother, Lewis, duke of Orleans, and his + cousin-german, John, duke of Burgundy: the propinquity to the crown + pleaded in favor of the former: the latter, who, in right of his mother, + had inherited the county of Flanders, which he annexed to his father’s + extensive dominions, derived a lustre from his superior power: the people + were divided between these contending princes; and the king, now resuming, + now dropping his authority, kept the victory undecided, and prevented any + regular settlement of the state by the final prevalence of either party. + </p> + <p> + At length, the dukes of Orleans and Burgundy, seeming to be moved by the + cries of the nation, and by the interposition of common friends, agreed to + bury all past quarrels in oblivion, and to enter into strict amity: they + swore before the altar the sincerity of their friendship; the priest + administered the sacrament to both of them; they gave to each other every + pledge which could be deemed sacred among men: but all this solemn + preparation was only a cover for the basest treachery, which was + deliberately premeditated by the duke of Burgundy. He procured his rival + to be assassinated in the streets of Paris: he endeavored for some time to + conceal the part which he took in the crime; but being detected, he + embraced a resolution still more criminal and more dangerous to society, + by openly avowing and justifying it.[*] + </p> +<pre xml:space="preserve"> + * Le Laboureur, liv. xxvii. chap. 23, 24. +</pre> + <p> + The parliament itself of Paris, the tribunal of justice, heard the + harangues of the duke’s advocate in defence of assassination, which he + termed tyrannicide; and that assembly, partly influenced by faction, + partly overawed by power, pronounced no sentence of condemnation against + this detestable doctrine.[*] + </p> +<pre xml:space="preserve"> + * Le Laboureur, liv. xxvii. chap. 27. Monstrelet. chap. 39. +</pre> + <p> + The same question was afterwards agitated before the council of Constance; + and it was with difficulty that a feeble decision in favor of the contrary + opinion, was procured from these fathers of the church, the ministers of + peace and of religion. But the mischievous effects of that tenet, had they + been before anywise doubtful, appeared sufficiently from the present + incidents. The commission of this crime, which destroyed all trust and + security, rendered the war implacable between the French parties, and cut + off every means of peace and accommodation. The princes of the blood, + combining with the young duke of Orleans and his brothers, made violent + war on the duke of Burgundy; and the unhappy king, seized sometimes by one + party, sometimes by the other, transferred alternately to each of them the + appearance of legal authority. The provinces were laid waste by mutual + depredations: assassinations were every where committed, from the + animosity of the several leaders; or, what was equally terrible, + executions were ordered, without any legal or free trial, by pretended + courts of judicature. The whole kingdom was distinguished into two + parties, the Burgundians and the Armagnacs; so the adherents of the young + duke of Orleans were called, from the count of Armagnac, father-in-law to + that prince. The city of Paris, distracted between them, but inclining + more to the Burgundians, was a perpetual scene of blood and violence; the + king and royal family were often detained captives in the hands of the + populace; their faithful ministers were butchered or imprisoned before + their face; and it was dangerous for any man, amidst these enraged + factions, to be distinguished by a strict adherence to the principles of + probity and honor. + </p> + <p> + During this scene of general violence, there rose into some consideration + a body of men, which usually makes no figure in public transactions, even + during the most peaceful times; and that was the university of Paris, + whose opinion was sometimes demanded, and more frequently offered, in the + multiplied disputes between the parties. The schism by which the church + was at that time divided, and which occasioned frequent controversies in + the university, had raised the professors to an unusual degree of + importance; and this connection between literature and superstition had + bestowed on the former a weight to which reason and knowledge are not of + themselves anywise entitled among men. But there was another society, + whose sentiments were much more decisive, at Paris,—the fraternity + of butchers, who, under the direction of their ringleaders, had declared + for the duke of Burgundy, and committed the most violent outrages against + the opposite party. To counterbalance their power, the Armagnacs made + interest with the fraternity of carpenters; the populace ranged themselves + on one side or the other; and the fate of the capital depended on the + prevalence of either party. + </p> + <p> + The advantage which might be made of these confusions was easily perceived + in England; and, according to the maxims which usually prevail among + nations, it was determined to lay hold of the favorable opportunity. The + late king, who was courted by both the French parties, fomented the + quarrel, by alternately sending assistance to each; but the present + sovereign, impelled by the vigor of youth and the ardor of ambition, + determined to push his advantages to a greater length, and to carry + violent war into that distracted kingdom. But while he was making + preparations for this end, he tried to effect his purpose by negotiation; + and he sent over ambassadors to Paris, offering a perpetual peace and + alliance; but demanding Catharine, the French king’s daughter, in + marriage, two millions of crowns as her portion, one million six hundred + thousand as the arrears of King John’s ransom, and the immediate + possession and full sovereignty of Normandy, and of all the other + provinces which had been ravished from England by the arms of Philip + Augustus; together with the superiority of Brittany and Flanders.[*] Such + exorbitant demands show that he was sensible of the present miserable + condition of France; and the terms offered by the French court, though + much inferior, discover their consciousness of the same melancholy truth. + They were willing to give him the princess in marriage, to pay him eight + hundred thousand crowns, to resign the entire sovereignty of Guienne, and + to annex to that province the country of Perigord, Rovergue Xaintonge, the + Angoumois, and other territories.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ix. p. 208. + + ** Rymer, vol. ix. p. 211. +</pre> + <p> + It is reported by some historians, (see Hist. Croyl. Cont. p. 500,) that + the dauphin, in derision of Henry’s claims and dissolute character, sent + him a box of tennis balls; intimating, that these implements of play were + better adapted to him than the instruments of war. But this story is by no + means credible; rejected these conditions, and scarcely hoped that his own + demands would be complied with, he never intermitted a moment his + preparations for war; and having assembled a great fleet and army at + Southampton, having invited all the nobility and military men of the + kingdom to attend him by the hopes of glory and of conquest, he came to + the sea-side with a purpose of embarking on his expedition. + </p> + <p> + But while Henry was meditating conquests upon his neighbors, he + unexpectedly found himself in danger from a conspiracy at home, which was + happily detected in its infancy. The earl of Cambridge, second son of the + late duke of York, having espoused the sister of the earl of Marche, had + zealously embraced the interests of that family; and had held some + conferences with Lord Scrope of Masham, and Sir Thomas Grey of Heton, + about the means of recovering to that nobleman his right to the crown of + England. The conspirators, as soon as detected, acknowledged their guilt + to the king; [*] and Henry proceeded without delay to their trial and + condemnation. The utmost that could be expected of the best king in those + ages, was, that he would so far observe the essentials of justice, as not + to make an innocent person a victim to his severity; but as to the + formalities of law, which are often as material as the essentials + themselves, they were sacrificed without scruple to the least interest or + convenience. A jury of commoners was summoned: the three conspirators were + indicted before them: the constable of Southampton Castle swore that they + had separately confessed their guilt to him: without other evidence, Sir + Thomas Grey was condemned and executed; but as the earl of Cambridge and + Lord Scrope pleaded the privilege of their peerage, Henry thought proper + to summon a court of eighteen barons, in which the duke of Clarence + presided: the evidence given before the jury was read to them: the + prisoners, though one of them was a prince of the blood, were not + examined, nor produced in court, nor heard in their own defence; but + received sentence of death upon this proof, which was every way irregular + and unsatisfactory; and the sentence was soon after executed. The earl of + Marche was accused of having given his approbation to the conspiracy, and + received a general pardon from the great offers made by the court of + France show that they had already entertained a just idea of Henry’s + character, as well as of their own situation. + </p> + <p> + The successes which the arms of England have, in different ages, obtained + over those of France, have been much owing to the favorable situation of + the former kingdom. The English, happily seated in an island, could make + advantage of every misfortune which attended their neighbors, and were + little exposed to the danger of reprisals. They never left their own + country but when they were conducted by a king of extraordinary genius, or + found their enemy divided by intestine factions, or were supported by a + powerful alliance on the continent; and as all these circumstances + concurred at present to favor their enterprise, they had reason to expect + from it proportionable success. The duke of Burgundy, expelled France by a + combination of the princes, had been secretly soliciting the alliance of + England; [**] and Henry knew that this prince, though he scrupled at first + to join the inveterate enemy of his country, would willingly, if he saw + any probability of success, both assist him with his Flemish subjects, and + draw over to the same side all his numerous partisans in France. Trusting, + therefore, to this circumstance, but without establishing any concert with + the duke, he put to sea, and landed near Harfleur, at the head of an army + of six thousand men at arms, and twenty-four thousand foot, mostly + archers. He immediately began the siege of that place, which was valiantly + defended by D’Estouteville, and under him by De Guitri, De Gaucourt, and + others of the French nobility; but as the garrison was weak, and the + fortifications in bad repair, the governor was at last obliged to + capitulate; and he promised to surrender the place, if he received no + succor before the eighteenth of September. The day came, and there was no + appearance of a French army to relieve him. Henry, taking possession of + the town, placed a garrison in it, and expelled all the French + inhabitants, with an intention of peopling it anew with English. + </p> +<pre xml:space="preserve"> + * Rymer, vol. ix. p. 303. + + ** St. Remi, chap. lv. Godwin, p. 65 +</pre> + <p> + The fatigues of this siege, and the unusual heat of the season, had so + wasted the English army, that Henry could enter on no further enterprise; + and was obliged to think of returning into England. He had dismissed his + transports, which could not anchor in an open road upon the enemy’s + coasts; and he lay under a necessity of marching by land to Calais, before + he could reach a place of safety. A numerous French army of fourteen + thousand men at arms and forty thousand foot, was by this time assembled + in Normandy under the constable D’Albret; a force which, if prudently + conducted, was sufficient either to trample down the English in the open + field, or to harass and reduce to nothing their small army, before they + could finish so long and difficult a march. Henry, therefore, cautiously + offered to sacrifice his conquest of Harfleur for a safe passage to + Calais; but his proposal being rejected, he determined to make his way by + valor and conduct through all the opposition of the enemy.[*] That he + might not discourage his army by the appearance of flight, or expose them + to those hazards which naturally attend precipitate marches, he made slow + and deliberate journeys,[*] till he reached the Somme, which he purposed + to pass at the ford of Blanquetague, the same place where Edward, in a + like situation, had before escaped from Philip de Valois. But he found the + ford rendered impassable by the precaution of the French general, and + guarded by a strong body on the opposite bank;[*] and he was obliged to + march higher up the river, in order to seek for a safe passage. He was + continually harassed on his march by flying parties of the enemy; saw + bodies of troops on the other side ready to oppose every attempt; his + provisions were cut off; his soldiers languished with sickness and + fatigue; and his affairs seemed to be reduced to a desperate situation; + when he was so dexterous or so fortunate as to seize, by surprise, a + passage near St. Quintin, which had not been sufficiently guarded; and he + safely carried over his army.[**] + </p> +<pre xml:space="preserve"> + * Le Laboureur, liv. xxxv. chap. 6. * T. Livii, p. 12 + + ** St. Remi, chap, 58. * T. Livii, p. 13 +</pre> + <p> + Henry then bent his march northwards to Calais; but he was still exposed + to great and imminent danger from the enemy, who had also passed the + Somme, and threw themselves full in his way, with a purpose of + intercepting his retreat. After he had passed the small river of Ternois + at Blangi, he was surprised to observe from the heights the whole French + army drawn up in the plains of Azincour, and so posted that it was + impossible for him to proceed on his march without coming to an + engagement. Nothing in appearance could be more unequal than the battle + upon which his safety and all his fortunes now depended. The English army + was little, more than half the number which had disembarked at Harfleur; + and they labored under every discouragement and necessity. The enemy was + four times more numerous; was headed by the dauphin and all the princes of + the blood; and was plentifully supplied with provisions of every kind. + Henry’s situation was exactly similar to that of Edward at Crecy, and that + of the Black Prince at Poietiers; and the memory of these great events, + inspiring the English with courage, made them hope for a like deliverance + from their present difficulties. The king likewise observed the same + prudent conduct which had been followed by these great commanders: he drew + up his army on a narrow ground between two woods, which guarded each + flank; and he patiently expected in that posture the attack of the + enemy.[*] Had the French constable been able either to reason justly upon + the present circumstances of the two armies, or to profit by past + experience, he had declined a combat, and had waited till necessity, + obliging the English to advance, had made them relinquish the advantages + of their situation. But the impetuous valor of the nobility, and a vain + confidence in superior numbers, brought on this fatal action, which proved + the source of infinite calamities to their country. The French archers on + horseback and their men at arms, crowded in their ranks, advanced upon the + English archers, who had fixed palisadoes in their front to break the + impression of the enemy, and who safely plied them, from behind that + defence, with a shower of arrows, which nothing could resist.[**] + </p> +<pre xml:space="preserve"> + * St. Remi, chap. 62. + + ** Walsing. p. 392. T. Livii, p. 19. Le Laboureur, liv. xxxv + chap, 7. Monstrelet, chap. 147. +</pre> + <p> + The clay soil, moistened by some rain which had lately fallen, proved + another obstacle to the force of the French cavalry: the wounded men and + horses discomposed their ranks: the narrow compass in which they were pent + hindered them from recovering any order: the whole army was a scene of + confusion, terror, and dismay: and Henry, perceiving his advantage, + ordered the English archers, who were light and unencumbered, to advance + upon the enemy, and seize the moment of victory. They fell with their + battle-axes upon the French, who, in their present posture, were incapable + either of flying or of making defence: they hewed them in pieces without + resistance:[*] and being seconded by the men at arms who also pushed on + against the enemy, they covered the field with the killed, wounded, + dismounted, and overthrown. + </p> +<pre xml:space="preserve"> + * Walsing. p. 393. Ypod. Neust. p. 584. +</pre> + <p> + After all appearance of opposition was over, the English had leisure to + make prisoners; and having advanced with uninterrupted success to the open + plain, they there saw the remains of the French rear guard, which still + maintained the appearance of a line of battle. At the same time, they + heard an alarm from behind: some gentlemen of Picardy, having collected + about six hundred peasants, had fallen upon the English baggage, and were + doing execution on the unarmed followers of the camp, who fled before + them, Henry, seeing the enemy on all sides of him, began to entertain + apprehensions from his prisoners; and he thought it necessary to issue + general orders for putting them to death: but on discovering the truth, he + stopped the slaughter, and was still able to save a great number. + </p> + <p> + No battle was ever more fatal to France, by the number of princes and + nobility slain or taken prisoners. Among the former were the constable + himself, the count of Nevers and the duke of Brabant, brothers to the duke + of Burgundy; the count of Vaudemont, brother to the duke of Lorraine, the + duke of Alençon, the duke of Barre, the count of Marle. The most eminent + prisoners were the dukes of Orleans and Bourbon, the Counts d’Eu, Vendôme, + and Richemont, and the mareschal of Boucicaut. An archbishop of Sens also + was slain in this battle. The killed are computed on the whole to have + amounted to ten thousand men; and as the slaughter fell chiefly upon the + cavalry, it is pretended that, of these, eight thousand were gentlemen. + Henry was master of fourteen thousand prisoners. The person of chief note + who fell among the English, was the duke of York, who perished fighting by + the king’s side, and had an end more honorable than his life. He was + succeeded in his honors and fortune by his nephew, son of the earl of + Cambridge, executed in the beginning of the year. All the English who were + slain exceeded not forty; though some writers, with greater probability, + make the number more considerable. + </p> + <p> + The three great battles of Crecy, Poictiers, and Azincour bear a singular + resemblance to each other in their most considerable circumstances. In all + of them there appears the same temerity in the English princes, who, + without any object of moment, merely for the sake of plunder, had ventured + so far into the enemy’s country as to leave themselves no retreat; and + unless saved by the utmost imprudence in the French commanders, were, from + their very situation, exposed to inevitable destruction. But allowance + being made for this temerity, which, according to the irregular plans of + war followed in those ages, seems to have been, in some measure, + unavoidable there appears, in the day of action, the same presence of + mind, dexterity, courage, firmness, and precaution on the part of the + English; the same precipitation, confusion, and vain confidence on the + part of the French: and the events were such as might have been expected + from such opposite conduct. The immediate consequences too of these three + great victories were similar: instead of pushing the French with vigor, + and taking advantage of their consternation, the English princes, after + their victory, seem rather to have relaxed their efforts, and to have + allowed the enemy leisure to recover from his losses. Henry interrupted + not his march a moment after the battle of Azincour; he carried his + prisoners to Calais, thence to England; he even concluded a truce with the + enemy; and it was not till after an interval of two years that any body of + English troops appeared in France. + </p> + <p> + The poverty of all the European princes, and the small resources of their + kingdoms, were the cause of these continual interruptions in their + hostilities; and though the maxims of war were in general destructive, + their military operations were mere incursions, which, without any settled + plan, they carried on against each other. The lustre, however, attending + the victory of Azincour, procured some supplies from the English + parliament; though still unequal to the expenses of a campaign. They + granted Henry an entire fifteenth of movables; and they conferred on him + for life the duties of tonnage and poundage, and the subsidies on the + exportation of wool and leather. This concession is more considerable than + that which had been granted to Richard II. by his last parliament and + which was afterwards, on his deposition, made so great an article of + charge against him. + </p> + <p> + But during this interruption of hostilities from England, France was + exposed to all the furies of civil war, and the several parties became + every day more enraged against each other. The duke of Burgundy, confident + that the French ministers and generals were entirely discredited by the + misfortune at Azincour, advanced with a great army to Paris, and attempted + to reinstate himself in possession of the government, as well as of the + person of the king. But his partisans in that city were overawed by the + court, and kept in subjection: the duke despaired of success; and he + retired with his forces, which he immediately disbanded in the Low + Countries.[*] + </p> + <p class="side"> + 1417. + </p> + <p> + He was soon after invited to make a new attempt, by some violent quarrels + which broke out in the royal family. The queen, Isabella, daughter of the + duke of Bavaria, who had been hitherto an inveterate enemy to the + Burgundian faction, had received a great injury from the other party, + which the implacable spirit of that princess was never able to forgive. + The public necessities obliged the count of Armagnac, created constable of + France in the place of D’Albret, to seize the great treasures which + Isabella had amassed: and when she expressed her displeasure at this + injury, he inspired into the weak mind of the king some jealousies + concerning her conduct, and pushed him to seize, and put to the torture, + and afterwards throw into the Seine, Boisbourdon, her favorite, whom he + accused of a commerce of gallantry with that princess. The queen herself + was sent to Tours, and confined under a guard;[**] and after suffering + these multiplied insults, she no longer scrupled to enter into a + correspondence with the duke of Burgundy. As her son, the dauphin Charles, + a youth of sixteen, was entirely governed by the faction of Armagnac, she + extended her animosity to him, and sought his destruction with the most + unrelenting hatred. She had soon an opportunity of rendering her unnatural + purpose effectual. The duke of Burgundy, in concert with her, entered + France at the head of a great army: he made himself master of Amiens, + Abbeville, Dourlens, Montreuil, and other towns in Picardy; Senlis, + Rheims, Chalons, Troye, and Auxerre, declared themselves of his + party.[***] He got possession of Beaumont, Pontoise, Vernon, Meulant, + Montlheri, towns in the neighborhood of Paris; and carrying further his + progress towards the west, he seized Etampes, Chartres, and other + fortresses; and was at last able to deliver the queen, who fled to Troye, + and openly declared against those ministers who, she said, detained her + husband in captivity.[****] + </p> +<pre xml:space="preserve"> + * Le Laboureur, liv. xxxv. chap. 10. + + ** St. Remi, chap. 74. Monstrelet, chap. 167. + + *** St. Remi, chap. 79. + + **** St. Remi, chap. 81. Monstrelet, chap. 178, 179. +</pre> + <p> + Meanwhile the partisans of Burgundy raised a commotion in Paris, which + always inclined to that faction. Lile-Adam, one of the duke’s captains, + was received into the city in the night-time, and headed the insurrection + of the people, which in a moment became so impetuous that nothing could + oppose it. The person of the king was seized: the dauphin made his escape + with difficulty; great numbers of the faction of Armagnac were immediately + butchered: the count himself, and many persons of note, were thrown into + prison: murders were daily committed from private animosity, under + pretence of faction: and the populace, not satiated with their fury, and + deeming the course of public justice too dilatory, broke into the prisons, + and put to death the count of Armagnac, and all the other nobility who + were there confined.[*] + </p> + <p class="side"> + 1418. + </p> + <p> + While France was in such furious combustion, and was so ill prepared to + resist a foreign enemy, Henry, having collected some treasure and levied + an army, landed in Normandy at the head of twenty-five thousand men; and + met with no considerable opposition from any quarter. He made himself + master of Falaise; Evreux and Caen submitted to him; Pont de l’Arche + opened its gates; and Henry, having subdued all the lower Normandy, and + having received a reënforcement of fifteen thousand men from England,[**] + formed the siege of Rouen, which was defended by a garrison of four + thousand men, seconded by the inhabitants, to the number of fifteen + thousand.[***] The cardinal des Ursins here attempted to incline him + towards peace, and to moderate his pretensions; but the king replied to + him in such terms as showed that he was fully sensible of all his present + advantages: “Do you not see,” said he, “that God has led me hither as by + the hand? France has no sovereign: I have just pretensions to that + kingdom: every thing is here in the utmost confusion: no one thinks of + resisting me. Can I have a more sensible proof, that the Being who + disposes of empires has determined to put the crown of France upon my + head?”[****] + </p> +<pre xml:space="preserve"> + * St. Remi, chap. 85, 86. Monstrelet, chap. 118. + + ** Walsing. p. 100. + + *** St. Remi, chap. 31 + + **** Juvenal des Ursins. +</pre> + <p> + But though Henry had opened his mind to this scheme of ambition, he still + continued to negotiate with his enemies, and endeavored to obtain more + secure, though less considerable advantages. He made, at the same time, + offers of peace to both parties; to the queen and duke of Burgundy on the + one hand, who, having possession of the king’s person, carried the + appearance of legal authority;[*] and to the dauphin on the other, who, + being the undoubted heir of the monarchy, was adhered to by every one that + paid any regard to the true interests of their country.[****] These two + parties also carried on a continual negotiation with each other. The terms + proposed on all sides were perpetually varying: the events of the war and + the intrigues of the cabinet intermingled with each other: and the fate of + France remained long in this uncertainty. After many negotiations, Henry + offered the queen and the duke of Burgundy to make peace with them, to + espouse the Princess Catharine, and to accept of all the provinces ceded + to Edward III. by the treaty of Bretigni, with the addition of Normandy, + which he was to receive in full and entire sovereignty.[*] + </p> + <p class="side"> + 1419. + </p> + <p> + These terms were submitted to: there remained only some circumstances to + adjust, in order to the entire completion of the treaty; but in this + interval the duke of Burgundy secretly finished his treaty with the + dauphin; and these two princes agreed to share the royal authority during + King Charles’s lifetime, and to unite their arms in order to expel foreign + enemies.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ix. p. 717, 749. + + ** Rymer, vol. ix. p. 626, etc. + + *** Rymer, vol. ix. p. 762. + + **** Rymer, vol. ix. p. 776. St. Remi, chap. 95. +</pre> + <p> + This alliance which seemed to cut off from Henry all hopes of further + success, proved in the issue the most favorable event that could have + happened for his pretensions. Whether the dauphin and the duke of Burgundy + were ever sincere in their mutual engagements, is uncertain; but very + fatal effects resulted from their momentary and seeming union. The two + princes agreed to an interview, in order to concert the means of rendering + effectual their common attack on the English; but how both or either of + them could with safety venture upon this conference, it seemed somewhat + difficult to contrive. The assassination perpetrated by the duke of + Burgundy, and still more his open avowal of the deed, and defence of the + doctrine, tended to dissolve all the bands of civil society; and even men + of honor, who detested the example, might deem it just, on a favorable + opportunity, to retaliate upon the author. The duke, therefore, who + neither dared to give, nor could pretend to expect, any trust, agreed to + all the contrivances for mutual security which were proposed by the + ministers of the dauphin. The two princes came to Montereau: the duke + lodged in the Castle; the dauphin in the town, which was divided from the + castle by the River Yonne: the bridge between them was chosen for the + place of interview: two high rails were drawn across the bridge: the gates + on each side were guarded, one by the officers of the dauphin, the other + by those of the duke: the princes were to enter into the intermediate + space by the opposite gates, accompanied each by ten persons; and with all + these marks of diffidence, to conciliate their mutual friendship. But it + appeared that no precautions are sufficient where laws have no place, and + where all principles of honor are utterly abandoned. Tannegui de Chatel, + and others of the dauphin’s retainers, had been zealous partisans of the + late duke of Orleans; and they determined to seize the opportunity of + revenging on the assassin the murder of that prince; they no sooner + entered the rails, than they drew their swords and attacked the duke of + Burgundy; his friends were astonished and thought not of making any + defence; and all of them either shared his fate, or were taken prisoners + by the retinue of the dauphin.[*] + </p> +<pre xml:space="preserve"> + * St. Remi, chap. 97. Monstrelet, chap. 211. +</pre> + <p> + The extreme youth of this prince made it doubtful whether he had been + admitted into the secret of the conspiracy; but as the deed was committed + under his eye, by his most intimate friends, who still retained their + connections with him, the blame of the action, which was certainly more + imprudent than criminal, fell entirely upon him. The whole state of + affairs was every where changed by this unexpected incident. The city of + Paris, passionately devoted to the family of Burgundy, broke out into the + highest fury against the dauphin. The court of King Charles entered from + interest into the same views; and as all the ministers of that monarch had + owed their preferment to the late duke, and foresaw their downfall if the + dauphin should recover possession of his father’s person, they were + concerned to prevent by any means the success of his enterprise. The + queen, persevering in her unnatural animosity against her son, increased + the general flame, and inspired into the king, as far as he was + susceptible of any sentiment the same prejudices by which she herself had + long been actuated. But above all, Philip, count of Charolois, now duke of + Burgundy, thought himself bound by every tie of honor and of duty to + revenge the murder of his father, and to prosecute the assassin to the + utmost extremity. And in this general transport of rage, every + consideration of national and family interest was buried in oblivion by + all parties: the subjection to a foreign enemy, the expulsion of the + lawful heir, the slavery of the kingdom, appeared but small evils, if they + led to the gratification of the present passion. + </p> + <p> + The king of England had, before the death of the duke of Burgundy, + profited extremely by the distractions of France and was daily making a + considerable progress in Normandy. He had taken Rouen after an obstinate + siege:[*] he had made himself master of Pontoise and Gisors: he even + threatened Paris, and by the terror of his arms had obliged the court to + remove to Troye: and in the midst of his successes, he was agreeably + surprised to find his enemies, instead of combining against him for their + mutual defence, disposed to rush into his arms, and to make him the + instrument of their vengeance upon each other. A league was immediately + concluded at Arras between him and the duke of Burgundy. This prince, + without stipulating any thing for himself, except the prosecution of his + father’s murder, and the marriage of the duke of Bedford with his sister, + was willing to sacrifice the kingdom to Henry’s ambition; and he agreed to + every demand made by that monarch. + </p> + <p class="side"> + 1420. + </p> + <p> + In order to finish this astonishing treaty, which was to transfer the + crown of France to a stranger, Henry went to Troye, accompanied by his + brothers, the dukes of Clarence and Glocester; and was there met by the + duke of Burgundy. The imbecility into which Charles had fallen, made him + incapable of seeing any thing but through the eyes of those who attended + him; as they, on their part, saw every thing through the medium of their + passions. The treaty, being already concerted among the parties, was + immediately drawn, and signed, and ratified: Henry’s will seemed to be a + law throughout the whole negotiation: nothing was attended to but his + advantages. + </p> +<pre xml:space="preserve"> + * T. Livii, p. 69. Monstrelet, chap. 201. +</pre> + <p> + The principal articles of the treaty were, that Henry should espouse the + Princess Catharine: that King Charles, during his lifetime, should enjoy + the title and dignity of king of France: that Henry should be declared and + acknowledged heir of the monarchy, and be intrusted with the present + administration of the government: that that kingdom should pass to his + heirs general: that France and England should forever be united under one + king; but should still retain their several usages, customs, and + privileges: that all the princes, peers, vassals, and communities of + France should swear, that they would both adhere to the future succession + of Henry, and pay him present obedience as regent: that this prince should + unite his arms to those of King Charles and the duke of Burgundy, in order + to subdue the adherents of Charles, the pretended dauphin: and that these + three princes should make no peace or truce with him but by common consent + and agreement.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ix. p. 895. St. Remi, chap 101. Monstrelet, + chap. 223. +</pre> + <p> + Such was the tenor of this famous treaty; a treaty which, as nothing but + the most violent animosity could dictate it, so nothing but the power of + the sword could carry into execution. It is hard to say whether its + consequences, had it taken effect, would have proved more pernicious to + England or to France. It must have reduced the former kingdom to the rank + of a province: it would have entirely disjointed the succession of the + latter, and have brought on the destruction of every descendant of the + royal family; as the houses of Orleans, Anjou, Alençon, Brittany, Bourbon, + and of Burgundy itself, whose titles were preferable to that of the + English princes, would on that account have been exposed to perpetual + jealousy and persecution from the sovereign. There was even a palpable + deficiency in Henry’s claim, which no art could palliate. For, besides the + insuperable objections to which Edward III.‘s pretensions were exposed, he + was not heir to that monarch: if female succession were admitted, the + right had devolved on the house of Mortimer: allowing that Richard II. was + a tyrant, and that Henry IV.‘s merits in deposing him were so great + towards the English, as to justify that nation in placing him on the + throne, Richard had nowise offended France, and his rival had merited + nothing of that kingdom: it could not possibly be pretended, that the + crown of France was become an appendage to that of England; and that a + prince, who by any means got possession of the latter, was, without + further question, entitled to the former. So that, on the whole, it must + be allowed that Henry’s claim to France was, if possible, still more + unintelligible than the title by which his father had mounted the throne + of England. + </p> + <p> + But though all these considerations were overlooked, amidst the hurry of + passion by which the courts of France and Burgundy were actuated, they + would necessarily revive during times of more tranquillity; and it behoved + Henry to push his present advantages, and allow men no leisure for reason + or reflection. In a few days after, he espoused the Princess Catharine: he + carried his father-in-law to Paris, and put himself in possession of that + capital: he obtained from the parliament and the three estates a + ratification of the treaty of Troye: he supported the duke of Burgundy in + procuring a sentence against the murderers of his father: and he + immediately turned his arms with success against the adherents of the + dauphin, who, as soon as he heard of the treaty of Troye, took on him the + style and authority of regent, and appealed to God and his sword for the + maintenance of his title. + </p> + <p> + The first place that Henry subdued was Sens, which opened its gates after + a slight resistance. With the same facility he made himself master of + Montereau. The defence of Melun was more obstinate: Barbasan, the + governor, held out for the space of four months against the besiegers; and + it was famine alone which obliged him to capitulate. Henry stipulated to + spare the lives of all the garrison, except such as were accomplices in + the murder of the duke of Burgundy; and as Barbasan himself was suspected + to be of the number, his punishment was demanded by Philip: but the king + had the generosity to intercede for him, and to prevent his execution.[*] + </p> + <p class="side"> + 1421. + </p> + <p> + The necessity of providing supplies both of men and money, obliged Henry + to go over to England; and he left the duke of Exeter, his uncle, governor + of Paris during his absence. The authority which naturally attends + success, procured from the English parliament a subsidy of a fifteenth; + but, if we may judge by the scantiness of the supply, the nation was + nowise sanguine on their king’s victories; and in proportion as the + prospect of their union with France became nearer, they began to open + their eyes, and to see the dangerous consequences with which that event + must necessarily be attended. It was fortunate for Henry that he had other + resources, besides pecuniary supplies from his native subjects. The + provinces which he had already conquered maintained his troops; and the + hopes of further advantages allured to his standard all men of ambitious + spirits in England, who desired to signalize themselves by arms. He levied + a new army of twenty-four thousand archers and four thousand horsemen,[**] + and marched them to Dover, the place of rendezvous. + </p> +<pre xml:space="preserve"> + * Holingshed, p. 577. + + ** Monstrelet, chap. 242. +</pre> + <p> + Every thing had remained in tranquillity at Paris under the duke of Exeter + but there had happened, in another quarter of the kingdom, a misfortune + which hastened the king’s embarkation. + </p> + <p> + The detention of the young king of Scots in England had hitherto proved + advantageous to Henry; and by keeping the regent in awe, had preserved, + during the whole course of the French war, the northern frontier in + tranquillity. But when intelligence arrived in Scotland of the progress + made by Henry, and the near prospect of his succession to the crown of + France, the nation was alarmed, and foresaw their own inevitable ruin, if + the subjection of their ally left them to combat alone a victorious enemy, + who was already so much superior in power and riches. The regent entered + into the same views; and though he declined an open rupture with England, + he permitted a body of seven thousand Scots, under the command of the earl + of Buchan, his second son, to be transported into France for the service + of the dauphin. To render this aid ineffectual, Henry had, in his former + expedition, carried over the king of Scots, whom he obliged to send orders + to his countrymen to leave the French service; but the Scottish general + replied, that he would obey no commands which came from a king in + captivity, and that a prince, while in the hands of his enemy, was nowise + entitled to authority. These troops, therefore, continued still to act + under the earl of Buchan: and were employed by the dauphin to oppose the + progress of the duke of Clarence in Anjou. The two armies encountered at + Baugé: the English were defeated: the duke himself was slain by Sir Allan + Swinton, a Scotch knight, who commanded a company of men at arms: and the + earls of Somerset,[*] Dorset, and Huntingdon were taken prisoners.[**] + This was the first action that turned the tide of success against the + English; and the dauphin, that he might both attach the Scotch to his + service, and reward the valor and conduct of the earl of Buchan, honored + that nobleman with the office of constable. + </p> +<pre xml:space="preserve"> + * His name was John, and he was afterwards created duke of + Somerset. He was grandson of John of Gaunt, duke of + Lancaster. The earl of Dorset was brother to Somerset, and + succeeded him in that title. + + ** St. Remi, chap. 110. Monstrelet, chap. 239. Hall, fol. + 76. +</pre> + <p> + But the arrival of the king of England with so considerable an army, was + more than sufficient to repair this loss. Henry was received at Paris with + great expressions of joy, so obstinate were the prejudices of the people; + and he immediately conducted his army to Chartres, which had long been + besieged by the dauphin. That prince raised the siege on the approach of + the English; and being resolved to decline a battle, he retired with his + army.[*] Henry made himself master of Dreux without a blow: he laid siege + to Meaux, at the Solicitation of the Parisians, who were much incommoded + by the garrison of that place. This enterprise employed the English arms + during the space of eight months: the bastard of Vaurus, governor of + Meaux, distinguished himself by an obstinate defence; but was at last + obliged to surrender at discretion. The cruelty of this officer was equal + to his bravery: he was accustomed to hang, without distinction, all the + English and Burgundians who fell into his hands: and Henry, in revenge of + his barbarity, ordered him immediately to be hanged on the same tree which + he had made the instrument of his inhuman executions.[**] + </p> +<pre xml:space="preserve"> + * St. Remi, chap. 3. + + ** Rymer, vol. x. p. 212 T. Livii, p. 92, 93. St. Remi, chap + 116 Monstrelet, chap. 260. +</pre> + <p> + This success was followed by the surrender of many other places in the + neighborhood of Paris, which held for the dauphin: that prince was chased + beyond the Loire, and he almost totally abandoned all the northern + provinces: he was even pursued into the south by the united arms of the + English and Burgundians, and threatened with total destruction. + Notwithstanding the bravery and fidelity of his captains, he saw himself + unequal to his enemies in the field; and found it necessary to temporize, + and to avoid all hazardous actions with a rival who had gained so much the + ascendant over him. And to crown all the other prosperities of Henry, his + queen was delivered of a son, who was called by his father’s name, and + whose birth was celebrated by rejoicings no less pompous, and no less + sincere, at Paris than at London. The infant prince seemed to be + universally regarded as the future heir of both monarchies. + </p> + <p class="side"> + 1422. + </p> + <p> + But the glory of Henry, when it had nearly reached the summit, was stopped + short by the hand of nature; and all his mighty projects vanished into + smoke. He was seized with a fistula, a malady which the surgeons at that + time had not skill enough to cure; and he was at last sensible that his + distemper was mortal, and that his end was approaching He sent for his + brother the duke of Bedford, the earl of Warwick, and a few noblemen more, + whom he had honored with his friendship; and he delivered to them, in + great tranquillity, his last will with regard to the government of his + kingdom and family. He entreated them to continue towards his infant son + the same fidelity and attachment which they had always professed to + himself during his lifetime, and which had been cemented by so many mutual + good offices. He expressed his indifference on the approach of death; and + though he regretted that he must leave unfinished a work so happily begun, + he declared himself confident that the final acquisition of France would + be the effect of their prudence and valor. He left the regency of that + kingdom to his elder brother, the duke of Bedford; that of England to his + younger, the duke of Glocester; and the care of his son’s person to the + earl of Warwick. He recommended to all of them a great attention to + maintain the friendship of the duke of Burgundy; and advised them never to + give liberty to the French princes taken at Azincour, till his son were of + age, and could himself hold the reins of government. And he conjured them, + if the success of their arms should not enable them to place young Henry + on the throne of France, never at least to make peace with that kingdom, + unless the enemy, by the cession of Normandy, and its annexation to the + crown of England, made compensation for all the hazard and expense of his + enterprise.[*] + </p> + <p> + He next applied himself to his devotions, and ordered his chaplain to + recite the seven penitential psalms. When that passage of the fifty-first + psalm was read, “build thou the walls of Jerusalem,” he interrupted the + chaplain, and declared his serious intention, after he should have fully + subdued France, to conduct a crusade against the infidels, and recover + possession of the Holy Land.[**] So ingenious are men in deceiving + themselves, that Henry forgot, in those moments, all the blood spilt by + his ambition; and received comfort from this late and feeble resolve, + which, as the mode of these enterprises was now passed, he certainly would + never have carried into execution. He expired in the thirty-fourth year of + his age and the tenth of his reign. + </p> +<pre xml:space="preserve"> + * Monstrelet, chap. 265. Hall, fol. 80. + + ** St. Remi, chap. 118, Monstrelet, el ap. 265. +</pre> + <p> + This prince possessed many eminent virtues; and if we give indulgence to + ambition in a monarch, or rank it, as the vulgar are inclined to do, among + his virtues, they were unstained by any considerable blemish. His + abilities appeared equally in the cabinet and in the field: the boldness + of his enterprises was no less remarkable than his personal valor in + conducting them. He had the talent of attaching his friends by affability, + and of gaining his enemies by address and clemency. The English, dazzled + by the lustre of his character, still more than by that of his victories, + were reconciled to the defects in his title: the French almost forgot that + he was an enemy: and his care in maintaining justice in his civil + administration, and preserving discipline in his armies, made some amends + to both nations for the calamities inseparable from those wars in which + his short reign was almost entirely occupied, That he could forgive the + earl of Marche, who had a better title to the crown than himself, is a + sure indication of his magnanimity; and that the earl relied so entirely + on his friendship, is no less a proof of his established character for + candor and sincerity. There remain in history few instances of such mutual + trust; and still fewer where neither party found reason to repent it. + </p> + <p> + The exterior figure of this great prince, as well as his deportment, was + engaging. His stature was somewhat above the middle size; his countenance + beautiful; his limbs genteel and slender, but full of vigor; and he + excelled in all warlike and manly exercises.[*] He left by his queen, + Catharine of France, only one son, not full nine months old; whose + misfortunes, in the course of his life, surpassed all the glories and + successes of his father. + </p> +<pre xml:space="preserve"> + * T. Livii, p. 4. +</pre> + <p> + In less than two months after Henry’s death, Charles VI. of France, his + father-in-law, terminated his unhappy life. He had for several years + possessed only the appearance of royal authority: yet was this mere + appearance of considerable advantage to the English; and divided the duty + and affections of the French between them and the dauphin. This prince was + proclaimed and crowned king of France at Poictiers, by the name of Charles + VII. Rheims, the place where this ceremony is usually performed, was at + that time in the hands of his enemies. + </p> + <p> + Catharine of France, Henry’s widow, married, soon after his death, a Welsh + gentleman, Sir Owen Tudor, said to be descended from the ancient princes + of that country: she bore him two sons, Edmund and Jasper, of whom the + eldest was created earl of Richmond; the second earl of Pembroke The + family of Tudor, first raised to distinction by this alliance, mounted + afterwards the throne of England. + </p> + <p> + The long schism, which had divided the Latin church for near forty years, + was finally terminated in this reign by the council of Constance; which + deposed the pope, John XXIII., for his crimes, and elected Martin V. in + his place, who was acknowledged by almost all the kingdoms of Europe. This + great and unusual act of authority in the council, gave the Roman pontiffs + ever after a mortal antipathy to those assemblies. The same jealousy which + had long prevailed in most European countries, between the civil + aristocracy and monarchy, now also took place between these powers in the + ecclesiastical body. But the great separation of the bishops in the + several states, and the difficulty of assembling them, gave the pope a + mighty advantage, and made it more easy for him to centre all the powers + of the hierarchy in his own person. The cruelty and treachery which + attended the punishment of John Huss and Jerome of Prague, the unhappy + disciples of Wickliffe, who, in violation of a safe-conduct were burned + alive for their errors by the council of Constance prove this melancholy + truth, that toleration is none of the virtues of priests in any form of + ecclesiastical government But as the English nation had little or no + concern in these great transactions, we are here the more concise in + relating them. + </p> + <p> + The first commission of array which we meet with, was issued in this + reign.[*] The military part of the feudal system, which was the most + essential circumstance of it, was entirely dissolved, and could no longer + serve for the defence of the kingdom. Henry, therefore, when he went to + France, in 1415, empowered certain commissioners to take in each county a + review of all the freemen able to bear arms, to divide them into + companies, and to keep them in readiness for resisting an enemy. This was + the era when the feudal militia in England gave place to one which was + perhaps still less orderly and regular. + </p> + <p> + * Rymer, vol, ix. p. 254, 255. + </p> + <p> + We have an authentic and exact account of the ordinary revenue of the + crown during this reign; and it amounts only to fifty-five thousand seven + hundred and fourteen pounds ten shillings and tenpence a year. [*] This is + nearly the same with the revenue of Henry III.; and the kings of England + had neither become much richer nor poorer in the course of so many years. + The ordinary expense of the government amounted to forty-two thousand five + hundred and seven pounds sixteen shillings and tenpence; so that the king + had a surplus only of thirteen thousand two hundred and six pounds + fourteen shillings for the support of his household; for his wardrobe; for + the expense of embassies; and other articles. This sum was nowise + sufficient: he was therefore obliged to have frequent recourse to + parliamentary supplies, and was thus, even in time of peace, not + altogether independent of his people. But wars were attended with a great + expense, which neither the prince’s ordinary revenue, nor the + extraordinary supplies, were able to bear; and the sovereign was always + reduced to many miserable shifts, in order to make any tolerable figure in + them. He commonly borrowed money from all quarters; he pawned his jewels, + and sometimes the crown itself;[**] he ran in arrears to his army; and he + was often obliged, notwithstanding all these expedients, to stop in the + midst of his career of victory, and to grant truces to the enemy. The high + pay which was given to soldiers agreed very ill with this low income. All + the extraordinary supplies, granted by parliament to Henry during the + course of his reign, were only seven tenths and fifteenths, about two + hundred and three thousand pounds.[***] It is easy to compute how soon + this money must be exhausted by armies of twenty-four thousand archers and + six thousand horse; when each archer had sixpence a day,[****] and each + horseman two shillings. The most splendid successes proved commonly + fruitless when supported by so poor a revenue; and the debts and + difficulties which the king thereby incurred, made him pay dear for his + victories. The civil administration, likewise, even in time of peace, + could never be very regular, where the government was so ill enabled to + support itself. + </p> +<pre xml:space="preserve"> + * Rymer, vol. x. p. 113. + + ** Rymer, vol. x. p. 190. + + *** Parliamentary History, vol. ii. p. 168. + + **** It appears from many passages of Rymer, particularly + vol. ix p. 258, that the king paid twenty marks a year for + an archer, which is a good deal above sixpence a day. The + price had risen, as it is natural, by raising the + denomination of money. +</pre> + <p> + Henry, till within a year of his death, owed debts which he had contracted + when prince of Wales.[*] It was in vain that the parliament pretended to + restrain him from arbitrary practices, when he was reduced to such + necessities. Though the right of levying purveyance for instance, had been + expressly guarded against by the Great Charter itself, and was frequently + complained of by the commons, it was found absolutely impracticable to + abolish it; and the parliament at length, submitting to it as a legal + prerogative, contented themselves with enacting laws to limit and confine + it. The duke of Glocester, in the reign of Richard II., possessed a + revenue of sixty thousand crowns, (about thirty thousand pounds a year of + our present money,) as we learn from Froissard,[**] and was consequently + richer than the king himself, if all circumstances be duly considered. + </p> + <p> + It is remarkable, that the city of Calais alone was an annual expense to + the crown of nineteen thousand one hundred and nineteen pounds;[***] that + is, above a third of the common charge of the government in time of peace. + This fortress was of no use to the defence of England, and only gave that + kingdom an inlet to annoy France. Ireland cost two thousand pounds a year, + over and above its own revenue; which was certainly very low. Every thing + conspires to give us a very mean idea of the state of Europe in those + ages. + </p> + <p> + From the most early times till the reign of Edward III., the denomination + of money had never been altered; a pound sterling was still a pound troy; + that is, about three pounds of our present money. That conqueror was the + first that innovated in this important article. In the twentieth of his + reign, he coined twenty-two shillings from a pound troy; in his + twenty-seventh year, he coined twenty-five shillings. But Henry V., who + was also a conqueror, raised still farther the denomination, and counted + thirty shillings from a pound troy:[****] his revenue therefore must have + been about one hundred and ten thousand pounds of our present money; and + by the cheapness of provisions, was equivalent to above three hundred and + thirty thousand pounds. + </p> +<pre xml:space="preserve"> + * Rymer, vol. x. p. 114. + + ** Liv. iv. chap. 86. + + *** Rymer, vol. x. p. 113. + + **** Fleetwood’s Chronicon Preciosum, p. 52 +</pre> + <p> + None of the princes of the house of Lancaster ventured to impose taxes + without consent of parliament: their doubtful or bad title became so far + of advantage to the constitution. The rule was then fixed, and could not + safely be broken afterwards, even by more absolute princes. + </p> + <p> + <a name="link2HCH0009" id="link2HCH0009"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XX. + </h2> + <p> + <a name="linkimage-0012" id="linkimage-0012"> + <!-- IMG --></a> <a href="images/1_265_henry6.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_265_henry6_th.jpg" style="width:100%;" title="Henry VI." alt="1_265_henry6.jpg Henry VI. " /><br /> + </div> + <p> + <a name="link2H_4_0018" id="link2H_4_0018"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + HENRY VI. + </h2> + <h3> + CONTEMPORARY MONARCHS. + </h3> + <p class="side"> + 1422. + </p> + <p> + During the reigns of the Lancastrian princes, the authority of parliament + seems to have been more confirmed, and the privileges of the people more + regarded, than during any former period; and the two preceding kings, + though men of great spirit and abilities, abstained from such exertions of + prerogative, as even weak princes, whose title was undisputed, were + tempted to think they might venture upon with impunity. The long minority, + of which there was now the prospect, encouraged still further the lords + and commons to extend their influence; and without paying much regard to + the verbal destination of Henry V., they assumed the power of giving a new + arrangement to the whole administration. They declined altogether the name + of “Regent” with regard to England: they appointed the duke of Bedford + “protector” or “guardian” of that kingdom, a title which they supposed to + imply less authority: they invested the duke of Glocester with the same + dignity during the absence of his elder brother;[*] and in order to limit + the power of both these princes, they appointed a council, without whose + advice and approbation no measure of importance could be determined.[**] + The person and education of the infant prince were committed to Henry + Beaufort, bishop of Winchester, his great uncle, and the legitimated son + of John of Gaunt, duke of Lancaster; a prelate who, as his family could + never have any pretensions to the crown, might safely, they thought, be + intrusted with that important charge.[***] + </p> +<pre xml:space="preserve"> + * Rymer, vol. x. p. 261. Cotton, p. 564. + + ** Cotton, p. 564. + + *** Hall, fol. 83. Monstrelet, vol. ii. p. 27. +</pre> + <p> + The two princes, the dukes of Bedford and Glocester, who seemed injured by + this plan of government, yet, being persons of great integrity and honor, + acquiesced in any appointment which tended to give security to the public; + and as the wars in France appeared to be the object of greatest moment, + they avoided every dispute which might throw an obstacle in the way of + foreign conquests. + </p> + <p> + When the state of affairs between the English and French kings was + considered with a superficial eye, every advantage seemed to be on the + side of the former; and the total expulsion of Charles appeared to be an + event which might naturally be expected from the superior power of his + competitor. Though Henry was yet in his infancy, the administration was + devolved on the duke of Bedford, the most accomplished prince of his age; + whose experience, prudence, valor, and generosity qualified him for his + high office, and enabled him both to maintain union among his friends, and + to gain the confidence of his enemies. The whole power of England was at + his command; he was at the head of armies inured to victory; he was + seconded by the most renowned generals of the age, the earls of Somerset, + Warwick, Salisbury, Suffolk, and Arundel, Sir John Talbot, and Sir John + Fastolffe: and besides Guienne, the ancient inheritance of England, he was + master of the capital, and of almost all the northern provinces, which + were well enabled to furnish him with supplies both of men and money, and + to assist and support his English forces. + </p> + <p> + But Charles, notwithstanding the present inferiority of his power, + possessed some advantages, derived partly from his situation, partly from + his personal character, which promised him success, and served, first to + control, then to overbalance, the superior force and opulence of his + enemies. He was the true and undoubted heir of the monarchy: all + Frenchmen, who knew the interests, or desired the independence, of their + country, turned their eyes towards him as its sole resource; the exclusion + given him by the imbecility of his father, and the forced or precipitate + consent of the states, had plainly no validity: that spirit of faction + which had blinded the people, could not long hold them in so gross a + delusion: their national and inveterate hatred against the English, the + authors of all their calamities, must soon revive, and inspire them with + indignation at bending their necks under the yoke of that hostile people: + great nobles and princes, accustomed to maintain an independence against + their native sovereigns, would never endure a subjection to strangers; and + though most of the princes of the blood were, since the fatal battle of + Azincour detained prisoners in England, the inhabitants of their de + mesnes, their friends their vassals, all declared a zealous attachment to + the king and exerted themselves in resisting the violence of foreign + invaders. + </p> + <p> + Charles himself, though only in his twentieth year, was of a character + well calculated to become the object of these benevolent sentiments; and + perhaps from the favor which naturally attends youth, was the more likely, + on account of his tender age, to acquire the good-will of his native + subjects. He was a prince of the most friendly and benign disposition, of + easy and familiar manners, and of a just and sound, though not a very + vigorous understanding. Sincere, generous, affable, he engaged from + affection the services of his followers, even while his low fortunes might + make it their interest to desert him; and the lenity of his temper could + pardon in them those sallies of discontent, to which princes in his + situation are so frequently exposed. The love of pleasure often seduced + him into indolence; but amidst all his irregularities, the goodness of his + heart still shone forth; and by exerting at intervals his courage and + activity, he proved that his general remissness proceeded not from the + want either of a just spirit of ambition, or of personal valor. + </p> + <p> + Though the virtues of this amiable prince lay some time in obscurity, the + duke of Bedford knew that his title alone made him formidable, and that + every foreign assistance would be requisite, ere an English regent could + hope to complete the conquest of France; an enterprise which, however it + might seem to be much advanced, was still exposed to many and great + difficulties. The chief circumstance which had procured to the English all + their present advantages, was the resentment of the duke of Burgundy + against Charles; and as that prince seemed intent rather on gratifying his + passion than consulting his interests, it was the more easy for the + regent, by demonstrations of respect and confidence, to retain him in the + alliance of England. He bent, therefore, all his endeavors to that + purpose: he gave the duke every proof of friendship and regard: he even + offered him the regency of France, which Philip declined: and that he + might corroborate national connections by private ties, he concluded his + own marriage with the princess of Burgundy, which had been stipulated by + the treaty of Arras. + </p> + <p class="side"> + 1423. + </p> + <p> + Being sensible that, next to the alliance of Burgundy, the friendship of + the duke of Brittany was of the greatest importance towards forwarding the + English conquests; and that, as the provinces of France, already subdued, + lay between the dominions of these two princes, he could never hope for + any security without preserving his connections with them; he was very + intent on strengthening himself also from that quarter. The duke of + Brittany, having received many just reasons of displeasure from the + ministers of Charles, had already acceded to the treaty of Troye, and had, + with other vassals of the crown, done homage to Henry V. in quality of + heir to the kingdom: but as the regent knew that the duke was much + governed by his brother, the count of Richemont, he endeavored to fix his + friendship, by paying court and doing services to this haughty and + ambitious prince. + </p> + <p> + Arthur, count of Richemont, had been taken prisoner at the battle of + Azincour, had been treated with great indulgence by the late king, and had + even been permitted on his parole to take a journey into Brittany, where + the state of affairs required his presence. The death of that victorious + monarch happened before Richemont’s return; and this prince pretended + that, as his word was given personally to Henry V., he was not bound to + fulfil it towards his son and successor; a chicane which the regent, as he + could not force him to compliance, deemed it prudent to overlook. An + interview was settled at Amiens between the dukes of Bedford, Burgundy, + and Brittany, at which the count of Richemont was also present:[*] the + alliance was renewed between these princes: and the regent persuaded + Philip to give in marriage to Richemont his eldest sister, widow of the + deceased dauphin, Lewis, the elder brother of Charles. Thus Arthur was + connected both with the regent and the duke of Burgundy, and seemed + engaged by interest to prosecute the same object, in forwarding the + success of the English arms. + </p> +<pre xml:space="preserve"> + * Hall. fol. 84. Monstrelet, vol. i. p 4. Stowe, p. 364. +</pre> + <p> + While the vigilance of the duke of Bedford was employed in gaining or + confirming these allies, whose vicinity rendered them so important, he did + not overlook the state of more remote countries. The duke of Albany, + regent of Scotland, had died: and his power had devolved on Murdac, his + son, a prince of a weak understanding and indolent disposition; who, far + from possessing the talents requisite for the government of that fierce + people, was not even able to maintain authority in his own family, or + restrain the petulance and insolence of his sons. The ardor of the Scots + to serve in France, where Charles treated them with great honor and + distinction, and where the regent’s brother enjoyed the dignity of + constable, broke out afresh under this feeble administration: new succors + daily came over, and filled the armies of the French king: the earl of + Douglas conducted a reënforcement of five thousand men to his assistance: + and it was justly to be dreaded that the Scots, by commencing open + hostilities in the north, would occasion a diversion still more + considerable of the English power, and would ease Charles, in part, of + that load by which he was at present so grievously oppressed. The duke of + Bedford, therefore, persuaded the English council to form an alliance with + James, their prisoner; to free that prince from his long captivity; and to + connect him with England by marrying him to a daughter of the earl of + Somerset, and cousin of the young king.[*] As the Scottish regent, tired + of his present dignity, which he was not able to support, was now become + entirely sincere in his applications for James’s liberty, the treaty was + soon concluded; a ransom of forty thousand pounds was stipulated;[**] and + the king of Scots was restored to the throne of his ancestors, and proved, + in his short reign, one of the most illustrious princes that had ever + governed that kingdom. He was murdered, in 1437, by his traitorous kinsman + the earl of Athole. His affections inclined to the side of France; but the + English had never reason during his lifetime to complain of any breach of + the neutrality by Scotland. + </p> +<pre xml:space="preserve"> + * Hall, fol. 86. Stowe, p. 364. Grafton, p. 501. + + * Rymer, vol. x. p. 299, 300, 326. +</pre> + <p> + But the regent was not so much employed in these political negotiations as + to neglect the operations of war, from which alone he could hope to + succeed in expelling the French monarch. Though the chief seat of + Charles’s power lay in the southern provinces beyond the Loire, his + partisans were possessed of some fortresses in the northern, and even in + the neighborhood of Paris; and it behoved the duke of Bedford first to + clear these countries from the enemy, before he could think of attempting + more distant conquests. The Castle of Dorsoy was taken after a siege of + six weeks: that of Noyelle and the town of Rue, in Picardy, underwent the + same fate: Pont sur Seine, Vertus, Montaigu, were subjected by the English + arms: and a more considerable advantage was soon after gained by the + united forces of England and Burgundy. John Stuart, constable of Scotland, + and the lord of Estissac had formed the siege of Crevant, in Burgundy: the + earls of Salisbury and Suffolk, with the count of Toulongeon, were sent to + its relief: a fierce and well-disputed action ensued; the Scots and French + were defeated: the constable of Scotland and the count of Ventadour were + taken prisoners; and above a thousand men, among whom was Sir William + Hamilton, were left on the field of battle.[*] The taking of Gaillon upon + the Seine, and of La Charité upon the Loire, was the fruit of this + victory: and as this latter place opened an entrance into the southern + provinces, the acquisition of it appeared on that account of the greater + importance to the duke of Bedford, and seemed to promise a successful + issue to the war. + </p> +<pre xml:space="preserve"> + * Hall, fol. 86. Monstrelet, vol. ii. p. 8. Holingshed, p. + 586., Grafton, p. 500. +</pre> + <p class="side"> + 1424. + </p> + <p> + The more Charles was threatened with an invasion in those provinces which + adhered to him, the more necessary it became that he should retain + possession of every fortress which he still held within the quarters of + the enemy. The duke of Bedford had besieged in person, during the space of + three months, the town of Yvri, in Normandy: and the brave governor, + unable to make any longer defence, was obliged to capitulate; and he + agreed to surrender the town, if, before a certain term, no relief + arrived. Charles, informed of these conditions, determined to make an + attempt for saving the place. He collected, with some difficulty, an army + of fourteen thousand men, of whom one half were Scots; and he sent them + thither under the command of the earl of Buchan, constable of France; who + was attended by the earl of Douglas, his countryman, the duke of Alençon, + the mareschal de la Fayette, the count of Aumale, and the viscount of + Narbonne. When the constable arrived within a few leagues of Yvri, he + found that he was come too late, and that the place was already + surrendered. He immediately turned to the left, and sat down before + Verneuil, which the inhabitants, in spite of the garrison, delivered up to + him.[*] Buchan might now have returned in safety, and with the glory of + making an acquisition no less important than the place which he was sent + to relieve: but hearing of Bedford’s approach, he called a council of war, + in order to deliberate concerning the conduct which he should hold in this + emergence. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 14. Grafton, p. 504. +</pre> + <p> + The wiser part of the council declared for a retreat; and represented, + that all the past misfortunes of the French had proceeded from their + rashness in giving battle when no necessity obliged them; that this army + was the last resource of the king, and the only defence of the few + provinces which remained to him; and that every reason invited him to + embrace cautious measures, which might leave time for his subjects to + return to a sense of their duty, and give leisure for discord to arise + among his enemies, who, being united by no common bond of interest or + motive of alliance, could not long persevere in their animosity against + him. All these prudential considerations were overborne by a vain point of + honor, not to turn their backs to the enemy; and they resolved to await + the arrival of the duke of Bedford. + </p> + <p> + The numbers were nearly equal in this action; and as the long continuance + of war had introduced discipline, which, however imperfect, sufficed to + maintain some appearance of order in such small armies, the battle was + fierce, and well disputed, and attended with bloodshed on both sides. The + constable drew up his forces under the walls of Verneuil, and resolved to + abide the attack of the enemy: but the impatience of the viscount of + Narbonne, who advanced precipitately, and obliged the whole line to follow + him in some hurry and confusion, was the cause of the misfortune which + ensued. The English archers, fixing their palisadoes before them, + according to their usual custom, sent a volley of arrows amidst the + thickest of the French army; and though beaten from their ground, and + obliged to take shelter among the baggage, they soon rallied, and + continued to do great execution upon the enemy. The duke of Bedford, + meanwhile, at the head of the men at arms, made impression on the French, + broke their ranks, chased them off the field, and rendered the victory + entirely complete and decisive.[*] + </p> +<pre xml:space="preserve"> + * Hall, fol. 83, 89, 90. Monstrelet, vol. ii. p. 15. Stowe, + p 365., Holingshed, p. 588. +</pre> + <p> + The constable himself perished in battle as well as the earl of Douglas + and his son, the counts of Aumale, Tonnerre, and Ventadour, with many + other considerable nobility. The duke of Alençon, the mareschal de la + Fayette, the lords of Gaucour and Mortemar, were taken prisoners. There + fell about four thousand of the French, and sixteen hundred of the + English; a loss esteemed, at that time, so unusual on the side of the + victors, that the duke of Bedford forbade all rejoicings for his success, + Verneuil was surrendered next day by capitulation.[*] + </p> +<pre xml:space="preserve"> + * Monstrelet. vol. ii. p. 15. +</pre> + <p> + The condition of the king of France now appeared very terrible, and almost + desperate. He had lost the flower of his army and the bravest of his + nobles in this fatal action: he had no resource either for recruiting or + subsisting his troops; he wanted money even for his personal subsistence; + and though all parade of a court was banished, it was with difficulty he + could keep a table, supplied with the plainest necessaries, for himself + and his few followers: every day brought him intelligence of some loss or + misfortune: towns which were bravely defended, were obliged at last to + surrender for want of relief or supply: he saw his partisans entirely + chased from all the provinces which lay north of the Loire: and he + expected soon to lose, by the united efforts of his enemies, all the + territories of which he had hitherto continued master; when an incident + happened which saved him on the brink of ruin, and lost the English such + an opportunity for completing their conquests, as they never afterwards + were able to recall. + </p> + <p> + Jacqueline, countess of Hainault and Holland, and heir of these provinces, + had espoused John, duke of Brabant cousin-german to the duke of Burgundy; + but having made this choice from the usual motives of princes, she soon + found reason to repent of the unequal alliance. She was a princess of a + masculine spirit and uncommon understanding: the duke of Brabant was of a + sickly complexion and weak mind: she was in the vigor of her age; he had + only reached his fifteenth year: these causes had inspired her with such + contempt for her husband, which soon proceeded to antipathy that she + determined to dissolve a marriage, where, it is probable, nothing but the + ceremony had as yet intervened. The court of Rome was commonly very open + to applications of this nature, when seconded by power and money; but as + the princess foresaw great opposition from her husband’s relations, and + was impatient to effect her purpose, she made her escape into England, and + threw herself under the protection of the duke of Glocester. That prince, + with many noble qualities had the defect of being governed by an impetuous + temper and vehement passions; and he was rashly induced, as well by the + charms of the countess herself, as by the prospect of possessing her rich + inheritance, to offer himself to her as a husband. Without waiting for a + papal dispensation; without endeavoring to reconcile the duke of Burgundy + to the measure; he entered into a contract of marriage with Jaqueline, and + immediately attempted to put himself in possession of her dominions. + Philip was disgusted with so precipitate a conduct: he resented the injury + done to the duke of Brabant, his near relation: he dreaded to have the + English established on all sides of him: and he foresaw the consequences + which must attend the extensive and uncontrolled dominion of that nation, + if, before the full settlement of their power, they insulted and injured + an ally to whom they had already been so much indebted, and who was still + so necessary for supporting them in their further progress. He encouraged, + therefore, the duke of Brabant to make resistance: he engaged many of + Jaqueline’s subjects to adhere to that prince: he himself marched troops + to his support: and as the duke of Glocester still persevered in his + purpose, a sharp war was suddenly kindled in the Low Countries. The + quarrel soon became personal as well as political. The English prince + wrote to the duke of Burgundy, complaining of the opposition made to his + pretensions; and though, in the main, he employed amicable terms in his + letter, he took notice of some falsehoods into which, he said, Philip had + been betrayed during the course of these transactions. This unguarded + expression was highly resented: the duke of Burgundy insisted that he + should retract it; and mutual challenges and defiances passed between them + on this occasion.[*] + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 19, 20, 21. +</pre> + <p> + The duke of Bedford could easily foresee the bad effects of so ill-timed + and imprudent a quarrel. All the succors which he expected from England, + and which were so necessary in this critical emergence, were intercepted + by his brother, and employed in Holland and Hainault: the forces of the + duke of Burgundy, which he also depended on, were diverted by the same + wars: and besides this double loss, he was in imminent danger of + alienating forever that confederate whose friendship was of the utmost + importance, and whom the late king had enjoined him, with his dying + breath, to gratify by every mark of regard and attachment. He represented + all these topics to the duke of Glocester: he endeavored to mitigate the + resentment of the duke of Burgundy: he interposed with his good offices + between these princes, but was not successful in any of his endeavors; and + he found that the impetuosity of his brother’s temper was still the chief + obstacle to all accommodation.[*] For this reason, instead of pushing the + victory gained at Verneuil, he found himself obliged to take a journey + into England, and to try, by his counsels and authority, to moderate the + measures of the duke of Glocester. + </p> + <p> + There had likewise broken out some differences among the English ministry, + which had proceeded to great extremities, and which required the regent’s + presence to compose them.[**] The bishop of Winchester, to whom the care + of the king’s person and education had been intrusted, was a prelate of + great capacity and experience, but of an intriguing and dangerous + character; and as he aspired to the government of affairs, he had + continual disputes with his nephew the protector; and he gained frequent + advantages over the vehement and impolitic temper of that prince. + </p> + <p class="side"> + 1425. + </p> + <p> + The duke of Bedford employed the authority of parliament to reconcile + them; and these rivals were obliged to promise, before that assembly, that + they would bury all quarrels in oblivion.[***] Time also seemed to open + expedients for composing the difference with the duke of Burgundy. The + credit of that prince had procured a bull from the pope; by which not only + Jaqueline’s contract with the duke of Glocester was annulled, but it was + also declared that, even in case of the duke of Brabant’s death, it should + never be lawful for her to espouse the English prince. Humphrey, + despairing of success, married another lady of inferior rank, who had + lived some time with him as his mistress.[****] + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 18. + + ** Stowe, p. 368. Holingshed, p. 530. + + *** Hall, fol. 98, 99. Hollingshed, p. 593, 594. Polydore + Virgil, p. 466. Grafton, p. 512, 519. + + **** Stowe, p 367. +</pre> + <p> + The duke of Brabant died; and his widow, before she could recover + possession of her dominions, was obliged to declare the duke of Burgundy + her heir, in case she should die without issue, and to promise never to + marry without his consent. But though the affair was thus terminated to + the satisfaction of Philip, it left a disagreeable impression on his mind: + it excited an extreme jealousy of the English, and opened his eyes to his + true interests: and as nothing but his animosity against Charles had + engaged him in alliance with them, it counterbalanced that passion by + another of the same kind, which in the end became prevalent, and brought + him back, by degrees, to his natural connections with his family and his + native country. + </p> + <p> + About the same time, the duke of Brittany began to withdraw himself from + the English alliance. His brother, the count of Richemont, though + connected by marriage with the dukes of Burgundy and Bedford, was + extremely attached by inclination to the French interest; and he willingly + hearkened to all the advances which Charles made him for obtaining his + friendship. The staff of constable, vacant by the earl of Buchan’s death, + was offered him; and as his martial and ambitious temper aspired to the + command of armies, which he had in vain attempted to obtain from the duke + of Bedford, he not only accepted that office, but brought over his brother + to an alliance with the French monarch. The new constable, having made + this one change in his measures, firmly adhered ever after to his + engagements with France. Though his pride and violence, which would admit + of no rival in his master’s confidence, and even prompted him to + assassinate the other favorites, had so much disgusted Charles, that he + once banished him the court, and refused to admit him to his presence, he + still acted with vigor for the service of that monarch, and obtained at + last, by his perseverance, the pardon of all past offences. + </p> + <p class="side"> + 1426. + </p> + <p> + In this situation, the duke of Bedford, on his return, found the affairs + of France, after passing eight months in England. The duke of Burgundy was + much disgusted. The duke of Brittany had entered into engagements with + Charles, and had done homage to that prince for his duchy. The French had + been allowed to recover from the astonishment into which their frequent + disasters had thrown them. An incident too had happened, which served + extremely to raise their courage. The earl of Warwick had besieged + Montargis with a small army of three thousand men, and the place was + reduced to extremity, when the bastard of Orleans undertook to throw + relief into it. This general, who was natural son to the prince + assassinated by the duke of Burgundy, and who was afterwards created count + of Dunois, conducted a body of one thousand six hundred men to Montargis, + and made an attack on the enemy’s trenches with so much valor, prudence, + and good fortune, that he not only penetrated into the place, but gave a + severe blow to the English, and obliged Warwick to raise the siege.[*] + This was the first signal action that raised the fame of Dunois, and + opened him the road to those great honors which he afterwards attained. + </p> + <p> + But the regent, soon after his arrival, revived the reputation of the + English arms by an important enterprise which he happily achieved. He + secretly brought together, in separate detachments, a considerable army to + the frontiers of Brittany; and fell so unexpectedly upon that province, + that the duke, unable to make resistance, yielded to all the terms + required of him. he renounced the French alliance; he engaged to maintain + the treaty of Troye; he acknowledged the duke of Bedford for regent of + France; and promised to do homage for his duchy to King Henry.[**] And the + English prince, having thus freed himself from a dangerous enemy who lay + behind him, resolved on an undertaking, which, if successful, would, he + hoped, cast the balance between the two nations, and prepare the way for + the final conquest of France. + </p> + <p class="side"> + 1428. + </p> + <p> + The city of Orleans was so situated between the provinces commanded by + Henry, and those possessed by Charles, that it opened an easy entrance to + either; and as the duke of Bedford intended to make a great effort for + penetrating into the south of France, it behoved him to begin with this + place, which, in the present circumstances, was become the most important + in the kingdom. He committed the conduct of the enterprise to the earl of + Salisbury, who had newly brought him a reënforcement of six thousand men + from England, and who had much distinguished himself by his abilities + during the course of the present war. Salisbury, passing the Loire, made + himself master of several small places, which surrounded Orleans on that + side;[***] and as his intentions were thereby known, the French king used + every expedient to supply the city with a garrison and provisions, and + enable it to maintain a long and obstinate siege. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 32, 33. Holingshed, p. 597. + + ** Monstrelet, vol. ii. p. 35, 36. + + *** Monstrelet, vol. ii. p. 38, 39. Polyd. Virg. p. 468. +</pre> + <p> + The lord of Gaucour, a brave and experienced captain, was appointed + governor: many officers of distinction threw themselves into the place: + the troops which they conducted were inured to war, and were determined to + make the most obstinate resistance: and even the inhabitants, disciplined + by the long continuance of hostilities, were well qualified, in their own + defence, to second the efforts of the most veteran forces. The eyes of all + Europe were turned towards this scene; where, it was reasonably supposed, + the French were to make their last stand for maintaining the independence + of their monarchy, and the rights of their sovereign. + </p> + <p> + The earl of Salisbury at last approached the place with an army, which + consisted only of ten thousand men; and not being able, with so small a + force, to invest so great a city, that commanded a bridge over the Loire, + he stationed himself on the southern side towards Sologne, leaving the + other, towards the Beausse, still open to the enemy. He there attacked the + fortifications which guarded the entrance to the bridge; and, after an + obstinate resistance, he carried several of them; but was himself killed + by a cannon ball as he was taking a view of the enemy.[*] + </p> +<pre xml:space="preserve"> + * Hall, fol. 105. Monstrelet, vol. ii. p. 39., Stowe, p. + 369. Hoingshed, p. 599. Grafton, p. 531. +</pre> + <p> + The earl of Suffolk succeeded to the command; and being reënforced with + great numbers of English and Burgundians, he passed the river with the + main body of his army, and invested Orleans on the other side. As it was + now the depth of winter, Suffolk, who found it difficult, in that season, + to throw up intrenchments all around, contented himself, for the present, + with erecting redoubts at different distances, where his men were lodged + in safety, and were ready to intercept the supplies which the enemy might + attempt to throw into the place. Though he had several pieces of artillery + in his camp, (and this is among the first sieges in Europe where cannon + were found to be of importance,) the art of engineering was hitherto so + imperfect, that Suffolk trusted more to famine than to force for subduing + the city; and he purposed in the spring to render the circumvallation more + complete, by drawing intrenchments from one redoubt to another. Numberless + feats of valor were performed both by the besiegers and besieged during + the winter: bold sallies were made, and repulsed with equal boldness: + convoys were sometimes introduced, and often intercepted: the supplies + were still unequal to the consumption of the place: and the English seemed + daily, though slowly, to be advancing towards the completion of their + enterprise. + </p> + <p class="side"> + 1429. + </p> + <p> + But while Suffolk lay in this situation, the French parties ravaged all + the country around; and the besiegers, who were obliged to draw their + provisions from a distance were themselves exposed to the danger of want + and famine. Sir John Fastolffe was bringing up a large convoy of even kind + of stores, which he escorted with a detachment of two thousand five + hundred men; when he was attacked by a body of four thousand French, under + the command of the counts of Clermont and Dunois. Fastolffe drew up his + troops behind the wagons; but the French generals, afraid of attacking him + in that posture, planted a battery of cannon against him; which threw + every thing into confusion, and would have insured them the victory, had + not the impatience of some Scottish troops, who broke the line of battle, + brought on an engagement, in which Fastolffe was victorious. The count of + Dunois was wounded; and about five hundred French were left on the field + of battle. This action, which was of great importance in the present + conjuncture, was commonly called the battle of Herrings; because the + convoy brought a great quantity of that kind of provisions, for the use of + the English army during the Lent season.[*] + </p> + <p> + Charles seemed now to have but one expedient for saving this city, which + had been so long invested. The duke of Orleans, who was still prisoner in + England, prevailed on the protector and the council to consent that all + his demesnes should be allowed to preserve a neutrality during the war, + and should be sequestered, for greater security, into the hands of the + duke of Burgundy. This prince, who was much less cordial in the English + interests than formerly, went to Paris, and made the proposal to the duke + of Bedford; but the regent coldly replied, that he was not of a humor to + beat the bushes while others ran away with the game; an answer which so + disgusted the duke, that he recalled all the troops of Burgundy that acted + in the siege.[**] + </p> +<pre xml:space="preserve"> + * Hall, fol. 100. Monstrelet, vol. ii. p. 41, 42. Stowe, p. + 369. Holingshed, p. 600. Polyd. Virg. p. 469. Grafton, p. + 532. + + ** Hall, fol. 106. Monstrelet, vol. ii. p. 42. Stowe, p. 369. + Grafton, p. 533 +</pre> + <p> + This place, however, was every day more and more closely invested by the + English: great scarcity began already to be felt by the garrison and + inhabitants: Charles, in despair of collecting an army which should dare + to approach the enemy’s intrenchments, not only gave the city for lost, + but began to entertain a very dismal prospect with regard to the general + state of his affairs. He saw that the country in which he had hitherto + with great difficulty subsisted, would be laid entirely open to the + invasion of a powerful and victorious enemy; and he already entertained + thoughts of retiring with the remains of his forces into Languedoc and + Dauphiny, and defending himself as long as possible in those remote + provinces. But it was fortunate for this good prince that, as he lay under + the dominion of the fair, the women whom he consulted had the spirit to + support his sinking resolution in this desperate extremity. Mary of Anjou, + his queen, a princess of great merit and prudence, vehemently opposed this + measure, which, she foresaw, would discourage all his partisans, and serve + as a general signal for deserting a prince who seemed himself to despair + of success. His mistress too, the fair Agnes Sorel, who lived in entire + amity with the queen, seconded all her remonstrances, and threatened that, + if he thus pusillanimously threw away the sceptre of France, she would + seek in the court of England a fortune more correspondent to her wishes. + Love was able to rouse in the breast of Charles that courage which + ambition had failed to excite: he resolved to dispute every inch of ground + with an imperious enemy, and rather to perish with honor in the midst of + his friends, than yield ingloriously to his bad fortune; when relief was + unexpectedly brought him by another female of a very different character, + who gave rise to one of the most singular revolutions that is to be met + with in history. + </p> + <p> + In the village of Domremi, near Vaucouleurs, on the borders of Lorraine, + there lived a country girl of twenty-seven years of age, called Joan + d’Arc, who was servant in a small inn, and who in that station had been + accustomed to tend the horses of the guests, to ride them without a saddle + to the watering-place, and to perform other offices which, in well + frequented inns, commonly fall to the share of the men servants.[*] + </p> +<pre xml:space="preserve"> + * Hall, fol. 107. Monstrelet, vol. ii. p. 42. Grafton, p. + 534. +</pre> + <p> + This girl was of an irreproachable life, and had not hitherto been + remarked for any singularity; whether that she had met with no occasion to + excite her genius, or that the unskilful eyes of those who conversed with + her had not been able to discern her uncommon merit. It is easy to + imagine, that the present situation of France was an interesting object + even to persons of the lowest rank, and would become the frequent subject + of conversation: a young prince, expelled his throne by the sedition of + native subjects, and by the arms of strangers, could not fail to move the + compassion of all his people whose hearts were uncorrupted by faction; and + the peculiar character of Charles, so strongly inclined to friendship and + the tender passions, naturally rendered him the hero of that sex whose + generous minds know no bounds in their affections. The siege of Orleans, + the progress of the English before that place, the great distress of the + garrison and inhabitants, the importance of saving this city and its brave + defenders, had turned thither the public eye; and Joan, inflamed by the + general sentiment, was seized with a wild desire of bringing relief to her + sovereign in his present distresses. Her unexperienced mind, working day + and night on this favorite object, mistook the impulses of passion for + heavenly inspirations; and she fancied that she saw visions, and heard + voices, exhorting her to reëstablish the throne of France, and to expel + the foreign invaders. An uncommon intrepidity of temper made her overlook + all the dangers which might attend her in such a path; and thinking + herself destined by Heaven to this office, she threw aside all that + bashfulness and timidity so natural to her sex, her years, and her low + station. She went to Vaucouleurs; procured admission to Baudricourt, the + governor; informed him of her inspirations and intentions; and conjured + him not to neglect the voice of God, who spoke through her, but to second + those heavenly revelations which impelled her to this glorious enterprise. + Baudricourt treated her at first with some neglect; but on her frequent + returns to him, and importunate solicitations, he began to remark + something extraordinary in the maid, and was inclined, at all hazards, to + make so easy an experiment. It is uncertain whether this gentleman had + discernment enough to perceive, that great use might be made with the + vulgar of so uncommon an engine; or, what is more likely in that credulous + age, was himself a convert to this visionary; but he adopted at last the + schemes of Joan; and he gave her some attendants, who conducted her to the + French court, which at that time resided at Chinon. + </p> + <p> + It is the business of history to distinguish between the miraculous and + the marvellous; to reject the first in all narrations merely profane and + human; to doubt the second; and when obliged by unquestionable testimony, + as in the present case, to admit of something extraordinary, to receive as + little of it as is consistent with the known facts and circumstances. It + is pretended, that Joan, immediately on her admission, knew the king, + though she had never seen his face before, and though he purposely kept + himself in the crowd of courtiers, and had laid aside every thing in his + dress and apparel which might distinguish him: that she offered him, in + the name of the supreme Creator, to raise the siege of Orleans, and + conduct him to Rheims to be there crowned and anointed; and on his + expressing doubts of her mission, revealed to him, before some sworn + confidants, a secret which was unknown to all the world beside himself, + and which nothing but a heavenly inspiration could have discovered to her: + and that she demanded, as the instrument of her future victories, a + particular sword, which was kept in the church of St. Catharine of + Fierbois, and which, though she had never seen it, she described by all + its marks, and by the place in which it had long lain neglected.[*] This + is certain, that all these miraculous stories were spread abroad, in order + to captivate the vulgar. The more the king and his ministers were + determined to give into the illusion, the more scruples they pretended. An + assembly of grave doctors and theologians cautiously examined Joan’s + mission, and pronounced it undoubted and supernatural. She was sent to the + parliament, then residing at Poictiers; and was interrogated before that + assembly: the presidents, the counsellors, who came persuaded of her + imposture, went away convinced of her inspiration. A ray of hope began to + break through that despair in which the minds of all men were before + enveloped. Heaven had now declared itself in favor of France, and had laid + bare its outstretched arm to take vengeance on her invaders. Few could + distinguish between the impulse of inclination and the force of + conviction; and none would submit to the trouble of so disagreeable a + scrutiny. + </p> +<pre xml:space="preserve"> + * Hall, fol. 107. Holingshed, p. 600. +</pre> + <p> + After these artificial precautions and preparations had been for some time + employed, Joan’s requests were at last complied with: she was armed + cap-à -pie, mounted on horseback, and shown in that martial habiliment + before the whole people. Her dexterity in managing her steed, though + acquired in her former occupation, was regarded as a fresh proof of her + mission; and she was received with the loudest acclamations by the + spectators. Her former occupation was even denied: she was no longer the + servant of an inn. She was converted into a shepherdess, an employment + much more agreeable to the imagination. To render her still more + interesting, near ten years were subtracted from her age; and all the + sentiments of love and of chivalry were thus united to those of + enthusiasm, in order to inflame the fond fancy of the people with + prepossessions in her favor. + </p> + <p> + When the engine was thus dressed up in full splendor, it was determined to + essay its force against the enemy. Joan was sent to Blois, where a large + convoy was prepared for the supply of Orleans, and an army of ten thousand + men, under the command of St. Severe, assembled to escort it. She ordered + all the soldiers to confess themselves before they set out on the + enterprise: she banished from the camp all women of bad fame: she + displayed in her hands a consecrated banner, where the Supreme Being was + represented, grasping the globe or earth, and surrounded with flower de + luces. And she insisted, in right of her prophetic mission, that the + convoy should enter Orleans by the direct road from the side of Beausse: + but the count of Dunois, unwilling to submit the rules of the military art + to her inspirations, ordered it to approach by the other side of the + river, where he knew the weakest part of the English army was stationed. + </p> + <p> + Previous to this attempt, the maid had written to the regent, and to the + English generals before Orleans, commanding them, in the name of the + omnipotent Creator, by whom she was commissioned, immediately to raise the + siege; and to evacuate France; and menacing them with divine vengeance in + case of their disobedience. All the English affected to speak with + derision of the maid, and of her heavenly commission; and said, that the + French king was now indeed reduced to a sorry pass, when he had recourse + to such ridiculous expedients: but they felt their imagination secretly + struck with the vehement persuasion which prevailed in all around them; + and they waited with an anxious expectation, not unmixed with horror, for + the issue of these extraordinary preparations. + </p> + <p> + As the convoy approached the river, a sally was made by the garrison on + the side of Beausse, to prevent the English general from sending any + detachment to the other side: the provisions were peaceably embarked in + boats, which the inhabitants of Orleans had sent to receive them: the maid + covered with her troops the embarkation: Suffolk did not venture to attack + her: and the French general carried back the army in safety to Blois; an + alteration of affairs which was already visible to all the world, and + which had a proportional effect on the minds of both parties. + </p> + <p> + The maid entered the city of Orleans, arrayed in her military garb, and + displaying her consecrated standard; and was received as a celestial + deliverer by all the inhabitants. They now believed themselves invincible + under her influence; and Dunois himself, perceiving such a mighty + alteration both in friends and foes, consented, that the next convoy, + which was expected in a few days, should enter by the side of Beausse. The + convoy approached: no sign of resistance appeared in the besiegers: the + wagons and troops passed without interruption between the redoubts of the + English: a dead silence and astonishment reigned among those troops, + formerly so elated with victory, and so fierce for the combat. + </p> + <p> + The earl of Suffolk was in a situation very unusual and extraordinary, and + which might well confound the man of the greatest capacity and firmest + temper. He saw his troops overawed, and strongly impressed with the idea + of a divine influence accompanying the maid. Instead of banishing these + vain terrors by hurry, and action, and war, he waited till the soldiers + should recover from the panic; and he thereby gave leisure for those + prepossessions to sink still deeper into their minds. The military maxims + which are prudent in common cases, deceived him in these unaccountable + events. The English felt their courage daunted and overwhelmed; and thence + inferred a divine vengeance hanging over them. The French drew the same + inference from an inactivity so new and unexpected. Every circumstance was + now reversed in the opinions of men, on which all depends: the spirit + resulting from a long course of uninterrupted success, was on a sudden + transferred from the victors to the vanquished. + </p> + <p> + The maid called aloud, that the garrison should remain no longer on the + defensive; and she promised her followers the assistance of Heaven in + attacking those redoubts of the enemy which had so long kept them in awe, + and which they had never hitherto dared to insult. The generals seconded + her ardor: an attack was made on one redoubt, and it proved successful:[*] + all the English who defended the intrenchments were put to the sword or + taken prisoners: and Sir John Talbot himself, who had drawn together, from + the other redoubts, some troops to bring them relief, durst not appear in + the open field against so formidable an enemy. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 45. +</pre> + <p> + Nothing, after this success, seemed impossible to the maid and her + enthusiastic votaries. She urged the generals to attack the main body of + the English in their intrenchments, but Dunois, still unwilling to hazard + the fate of France by too great temerity, and sensible that the least + reverse of fortune would make all the present visions evaporate, and + restore every thing to its former condition, checked her vehemence and + proposed to her first to expel the enemy from their forts on the other + side of the river, and thus lay the communication with the country + entirely open, before she attempted any more hazardous enterprise. Joan + was persuaded, and these forts were vigorously assailed. In one attack the + French were repulsed; the maid was left almost alone; she was obliged to + retreat, and join the runaways; but, displaying her sacred standard, and + animating them with her countenance, her gestures, her exhortations, she + led them back to the charge, and overpowered the English in their + intrenchments. In the attack of another fort, she was wounded in the neck + with an arrow; she retreated a moment behind the assailants; she pulled + out the arrow with her own hands; she had the wound quickly dressed; and + she hastened back to head the troops, and to plant her victorious banner + on the ramparts of the enemy. + </p> + <p> + By all these successes, the English were entirely chased from their + fortifications on that side: they had lost above six thousand men in these + different actions; and, what was still more important, their wonted + courage and confidence were wholly gone, and had given place to amazement + and despair. The maid returned triumphant over the bridge, and was again + received as the guardian angel of the city. After performing such + miracles, she convinced the most obdurate incredulity of her divine + mission: men felt themselves animated as by a superior energy, and thought + nothing impossible to that divine hand which so visibly conducted them. It + was in vain even for the English generals to oppose with their soldiers + the prevailing opinion of supernatural influence: they themselves were + probably moved by the same belief: the utmost they dared to advance was, + that Joan was not an instrument of God; she was only the implement of the + devil: but as the English had felt, to their sad experience, that the + devil might be allowed sometimes to prevail, they derived not much + consolation from the enforcing of this opinion. + </p> + <p> + It might prove extremely dangerous for Suffolk, with such intimidated + troops, to remain any longer in the presence of so courageous and + victorious an enemy; he therefore raised the siege, and retreated with all + the precaution imaginable. The French resolved to push their conquests, + and to allow the English no leisure to recover from their consternation. + Charles formed a body of six thousand men, and sent them to attack + Jergeau, whither Suffolk had retired with a detachment of his army. The + siege lasted ten days; and the place was obstinately defended. Joan + displayed her wonted intrepidity on the occasion. She descended into the + fosse, in leading the attack: and she there received a blow on the head + with a stone, by which she was confounded and beaten to the ground: but + she soon recovered herself, and in the end rendered the assault + successful: Suffolk was obliged to yield himself prisoner to a Frenchman + called Renaud; but before he submitted, he asked his adversary whether he + were a gentleman. On receiving a satisfactory answer, he demanded whether + he were a knight. Renaud replied, that he had not yet attained that honor. + “Then I make you one,” replied Suffolk; upon which he gave him the blow + with his sword which dubbed him into that fraternity; and he immediately + surrendered himself his prisoner. + </p> + <p> + The remainder of the English army was commanded by Fastolffe, Scales, and + Talbot, who thought of nothing but of making their retreat, as soon as + possible, into a place of safety; while the French esteemed the overtaking + them equivalent to a victory; so much had the events which passed before + Orleans altered every thing between the two nations! The vanguard of the + French under Richemont and Xaintrailles attacked the rear of the enemy at + the village of Patay. The battle lasted not a moment: the English were + discomfited and fled: the brave Fastolffe himself showed the example of + flight to his troops; and the order of the garter was taken from him, as a + punishment for this instance of cowardice.[*] Two thousand men were killed + in this action, and both Talbot and Scales taken prisoners. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 46. +</pre> + <p> + In the account of all these successes, the French writers, to magnify the + wonder, represent the maid (who was now known by the appellation of “the + Maid of Orleans”) as not only active in combat, but as performing the + office of general; directing the troops, conducting the military + operations, and swaying the deliberations in all councils of war. It is + certain that the policy of the French court endeavored to maintain this + appearance with the public: but it is much more probable, that Dunois and + the wiser commanders prompted her in all her measures, than that a country + girl, without experience of education, could on a sudden become expert in + a profession which requires more genius and capacity than any other active + scene of life. It is sufficient praise, that she could distinguish the + persons on whose judgment she might rely; that she could seize their hints + and suggestions, and on a sudden, deliver their opinions as her own; and + that she could curb, on occasion, that visionary and enthusiastic spirit + with which she was actuated, and could temper it with prudence and + discretion. + </p> + <p> + The raising of the siege of Orleans was one part of the maid’s promise to + Charles: the crowning of him at Rheims was the other: and she now + vehemently insisted that he should forthwith set out on that enterprise. A + few weeks before, such a proposal would have appeared the most extravagant + in the world. Rheims lay in a distant quarter of the kingdom; was then in + the hands of a victorious enemy; the whole road which led to it was + occupied by their garrisons; and no man could be so sanguine as to imagine + that such an attempt could so soon come within the bounds of possibility. + But as it was extremely the interest of Charles to maintain the belief of + something extraordinary and divine in these events, and to avail himself + of the present consternation of the English, he resolved to follow the + exhortations of his warlike prophetess, and to lead his army upon this + promising adventure. Hitherto he had kept remote from the scene of war: as + the safety of the state depended upon his person, he had been persuaded to + restrain his military ardor: but observing this prosperous turn of + affairs, he now determined to appear at the head of his armies, and to set + the example of valor to all his soldiers, And the French nobility saw at + once their young sovereign assuming a new and more brilliant character, + seconded by fortune, and conducted by the hand of Heaven, and they caught + fresh zeal to exert themselves in replacing him on the throne of his + ancestors. + </p> + <p> + Charles set out for Rheims at the head of twelve thousand men: he passed + by Troye, which opened its gates to him; Chalons imitated the example: + Rheims sent him a deputation with its keys, before his approach to it: and + he scarcely perceived, as he passed along, that he was marching through an + enemy’s country. The ceremony of his coronation was here performed[*] with + the holy oil, which a pigeon had brought to King Clovis from heaven, on + the first establishment of the French monarchy: the maid of Orleans stood + by his side in complete armor, and displayed her sacred banner, which had + so often dissipated and confounded his fiercest enemies: and the people + shouted with the most unfeigned joy, on viewing such a complication of + wonders. After the completion of the ceremony, the maid threw herself at + the king’s feet, embraced his knees, and with a flood of tears, which + pleasure and tenderness extorted from her, she congratulated him on this + singular and marvellous event. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 48. +</pre> + <p> + Charles, thus crowned and anointed, became more respectable in the eyes of + all his subjects, and seemed, in a manner, to receive anew, from a + heavenly commission, his title to their allegiance. The inclinations of + men swaying their belief, no one doubted of the inspirations and prophetic + spirit of the maid: so many incidents which passed all human + comprehension, left little room to question a superior influence: and the + real and undoubted facts brought credit to every exaggeration, which could + scarcely be rendered more wonderful. Laon, Soissons, Chateau-Thierri, + Provins, and many other towns and fortresses in that neighborhood, + immediately after Charles’s coronation, submitted to him on the first + summons; and the whole nation was disposed to give him the most zealous + testimonies of their duty and affection. + </p> + <p> + Nothing can impress us with a higher idea of the wisdom, address, and + resolution of the duke of Bedford, than his being able to maintain himself + in so perilous a situation, and to preserve some footing in France, after + the defection of so many places, and amidst the universal inclination of + the rest to imitate that contagious example. This prince seemed present + every where by his vigilance and foresight: he employed every resource + which fortune had yet left him: he put all the English garrisons in a + posture of defence: he kept a watchful eye over every attempt among the + French towards an insurrection: he retained the Parisians in obedience, by + alternately employing caresses and severity: and knowing that the duke of + Burgundy was already wavering in his fidelity, he acted with so much skill + and prudence, as to renew, in this dangerous crisis, his alliance with + that prince; an alliance of the utmost importance to the credit and + support of the English government. + </p> + <p> + The small supplies which he received from England set the talents of this + great man in a still stronger light. The ardor of the English for foreign + conquests was now extremely abated by time and reflection: the parliament + seems even to have become sensible of the danger which might attend their + further progress: no supply of money could be obtained by the regent + during his greatest distresses: and men enlisted slowly under his + standard, or soon deserted, by reason of the wonderful accounts which had + reached England, of the magic and sorcery, and diabolical power of the + maid of Orleans.[*] It happened fortunately, in this emergency, that the + bishop of Winchester, now created a cardinal, landed at Calais with a body + of five thousand men, which he was conducting into Bohemia, on a crusade + against the Hussites. He was persuaded to lend these troops to his nephew + during the present difficulties;[**] and the regent was thereby enabled to + take the field, and to oppose the French king, who was advancing with his + army to the gates of Paris. + </p> + <p> + The extraordinary capacity of the duke of Bedford appeared also in his + military operations. He attempted to restore the courage of his troops by + boldly advancing to the face of the enemy; but he chose his posts with so + much caution, as always to decline a combat, and to render it impossible + for Charles to attack him. He still attended that prince in all his + movements; covered his own towns and garrisons; and kept himself in a + posture to reap advantage from every imprudence or false step of the + enemy. The French army, which consisted mostly of volunteers, who served + at their own expense, soon after retired and was disbanded: Charles went + to Bourges, the ordinary place of his residence; but not till he made + himself master of Compiegne, Beauvais, Senlis, Sens, Laval, Lagni, St. + Denis, and of many places in the neighborhood of Paris, which the + affections of the people had put into his hands. + </p> + <p class="side"> + 1430. + </p> + <p> + The regent endeavored to revive the declining state of his affairs, by + bringing over the young king of England, and having him crowned and + anointed at Paris,[***] All the vassals of the crown who lived within the + provinces possessed by the English, swore anew allegiance, and did homage + to him. + </p> +<pre xml:space="preserve"> + * Rymer, vol. x. p. 459, 472. + + ** Rymer, vol. x. p. 421. + + *** Rymer, vol. x. p 432. +</pre> + <p> + But this ceremony was cold and insipid, compared with the lustre which had + attended the coronation of Charles at Rheims; and the duke of Bedford + expected more effect from an accident, which put into his hands the person + that had been the author of all his calamities. + </p> + <p> + The maid of Orleans, after the coronation of Charles, declared to the + count of Dunois that her wishes were now fully gratified, and that she had + no further desire than to return to her former condition, and to the + occupation and course of life which became her sex: but that nobleman, + sensible of the great advantages which might still be reaped from her + presence in the army, exhorted her to persevere, till, by the final + expulsion of the English, she had brought all her prophecies to their full + completion. In pursuance of this advice, she threw herself into the town + of Compiegne, which was at that time besieged by the duke of Burgundy, + assisted by the earls of Arundel and Suffolk; and the garrison, on her + appearance, believed themselves thenceforth invincible. But their joy was + of short duration. The maid, next day after her arrival, headed a sally + upon the quarters of John of Luxembourg; she twice drove the enemy from + their intrenchments; finding their numbers to increase every moment, she + ordered a retreat; when hard pressed by the pursuers, she turned upon + them, and made them again recoil; but being here deserted by her friends, + and surrounded by the enemy, she was at last, after exerting the utmost + valor, taken prisoner by the Burgundians.[*] The common opinion was, that + the French officers, finding the merit of every victory ascribed to her, + had, in envy to her renown, by which they were themselves so much + eclipsed, willingly exposed her to this fatal accident. + </p> +<pre xml:space="preserve"> + * Stowe, p. 371. +</pre> + <p> + The envy of her friends, on this occasion, was not a greater proof of her + merit than the triumph of her enemies. A complete victory would not have + given more joy to the English and their partisans. The service of Te Deum, + which has so often been profaned by princes, was publicly celebrated on + this fortunate event at Paris. The duke of Bedford fancied that, by the + captivity of that extraordinary woman, who had blasted all his successes, + he should again recover his former ascendant over France; and to push + farther the present advantage, he purchased the captive from John of + Luxembourg, and formed a prosecution against her, which, whether it + proceeded from vengeance or policy, was equally barbarous and + dishonorable. + </p> + <p class="side"> + 1431. + </p> + <p> + There was no possible reason why Joan should not be regarded as a prisoner + of war, and be entitled to all the courtesy and good usage which civilized + nations practise towards enemies on these occasions. She had never, in her + military capacity, forfeited, by any act of treachery or cruelty, her + claim to that treatment: she was unstained by any civil crime: even the + virtues and the very decorums of her sex had ever been rigidly observed by + her: and though her appearing in war, and leading armies to battle, may + seem an exception, she had thereby performed such signal service to her + prince, that she had abundantly compensated for this irregularity; and + was, on that very account, the more an object of praise and admiration. It + was necessary, therefore, for the duke of Bedford to interest religion + some way in the prosecution, and to cover under that cloak his violation + of justice and humanity. + </p> + <p> + <a name="linkimage-0013" id="linkimage-0013"> + <!-- IMG --></a> <a href="images/1_272_joan_darc.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_272_joan_darc_th.jpg" style="width:100%;" title="Joan D’Arc" alt="1_272_joan_darc.jpg Joan D’Arc " /><br /> + </div> + <p> + The bishop of Beauvais, a man wholly devoted to the English interests, + presented a petition against Joan, on pretence that she was taken within + the bounds of his diocese; and he desired to have her tried by an + ecclesiastical court for sorcery, impiety, idolatry, and magic: the + university of Paris was so mean as to join in the same request: several + prelates, among whom the cardinal of Winchester was the only Englishman, + were appointed her judges: they held their court in Rouen, where the young + king of England then resided: and the maid, clothed in her former military + apparel, but loaded with irons, was produced before this tribunal. + </p> + <p> + She first desired to be eased of her chains: her judges answered, that she + had once already attempted an escape by throwing herself from a tower: she + confessed the fact, maintained the justice of her intention, and owned + that, if she could, she would still execute that purpose. All her other + speeches showed the same firmness and intrepidity: though harassed with + interrogatories during the course of near four months, she never betrayed + any weakness or womanish submission; and no advantage was gained over her. + The point which her judges pushed most vehemently, was her visions and + revelations, and intercourse with departed saints; and they asked her, + whether she would submit to the church the truth of these inspirations: + she replied, that she would submit them to God, the fountain of truth. + They then exclaimed, that she was a heretic, and denied the authority of + the church. She appealed to the pope: they rejected her appeal. + </p> + <p> + They asked her, why she put trust in her standard, which had been + consecrated by magical incantations: she replied that she put trust in the + Supreme Being alone, whose image was impressed upon it. They demanded, why + she carried in her hand that standard at the anointment and coronation of + Charles at Rheims: she answered, that the person who had shared the danger + was entitled to share the glory. When accused of going to war, contrary to + the decorums of her sex, and of assuming government and command over men, + she scrupled not to reply, that her sole purpose was to defeat the + English, and to expel them the kingdom. In the issue, she was condemned + for all the crimes of which she had been accused, aggravated by heresy; + her revelations were declared to be inventions of the devil to delude the + people; and she was sentenced to be delivered over to the secular arm. + </p> + <p> + Joan, so long surrounded by inveterate enemies, who treated her with every + mark of contumely; browbeaten and overawed by men of superior rank, and + men invested with the ensigns of a sacred character, which she had been + accustomed to revere, felt her spirit at last subdued; and those visionary + dreams of inspiration, in which she had been buoyed up by the triumphs of + success and the applauses of her own party, gave way to the terrors of + that punishment to which she was sentenced. She publicly declared herself + willing to recant: she acknowledged the illusion of those revelations + which the church had rejected; and she promised never more to maintain + them. Her sentence was then mitigated: she was condemned to perpetual + imprisonment, and to be fed during life on bread and water. + </p> + <p> + Enough was now done to fulfil all political views, and to convince both + the French and the English, that the opinion of divine influence, which + had so much encouraged the one and daunted the other, was entirely without + foundation. But the barbarous vengeance of Joan’s enemies was not + satisfied with this victory. Suspecting that the female dress, which she + had now consented to wear, was disagreeable to her, they purposely placed + in her apartment a suit of men’s apparel; and watched for the effects of + that temptation upon her. On the sight of a dress in which she had + acquired so much renown, and which, she once believed, she wore by the + particular appointment of Heaven, all her former ideas and passions + revived; and she ventured in her solitude to clothe herself again in the + forbidden garment. Her insidious enemies caught her in that situation: her + fault was interpreted to be no less than a relapse into heresy: no + recantation would now suffice; and no pardon could be granted her. She was + condemned to be burned in the market-place of Rouen; and the infamous + sentence was accordingly executed. This admirable heroine, to whom the + more generous superstition of the ancients would have erected altars, was, + on pretence of heresy and magic, delivered over alive to the flames, and + expiated, by that dreadful punishment, the signal services which she had + rendered to her prince and to her native country. + </p> + <p class="side"> + 1432. + </p> + <p> + The affairs of the English, far from being advanced by this execution, + went every day more and more to decay: the great abilities of the regent + were unable to resist the strong inclination which had seized the French + to return under the obedience of their rightful sovereign, and which that + act of cruelty was ill fitted to remove. Chartres was surprised, by a + stratagem of the count of Dunois: a body of the English, under Lord + Willoughby, was defeated at St. Celerin upon the Sarte:[*] the fair in the + suburbs of Caen, seated in the midst of the English territories, was + pillaged by De Lore, a French officer: the duke of Bedford himself was + obliged by Dunois to raise the siege of Lagni with some loss of + reputation: and all these misfortunes, though light, yet being continued + and uninterrupted, brought discredit on the English, and menaced them with + an approaching revolution. But the chief detriment which the regent + sustained, was by the death of his duchess, who had hitherto preserved + some appearance of friendship between him and her brother, the duke of + Burgundy:[**] and his marriage, soon afterwards, with Jaqueline of + Luxembourg, was the beginning of a breach between them.[***] Philip + complained, that the regent had never had the civility to inform him of + his intentions, and that so sudden a marriage was a slight on his sister’s + memory. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 100. + + ** Monstrolet, vol. ii. p. 87. + + *** Stowe, p. 373. Grafton, p. 554. +</pre> + <p> + The cardinal of Winchester meditated a reconciliation between these + princes, and brought both of them to St. Omers for that purpose. The duke + of Bedford here expected the first visit, both as he was son, brother, and + uncle to a king, and because he had already made such advances as to come + into the duke of Burgundy’s territories, in order to have an interview + with him: but Philip, proud of his great power and independent dominions, + refused to pay this compliment to the regent; and the two princes, unable + to adjust the ceremonial, parted without seeing each other.[*] A bad + prognostic of their cordial intentions to renew past amity! + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 90. Grafton, p. 561. +</pre> + <p> + Nothing could be more repugnant to the interests of the house of Burgundy, + than to unite the crowns of France and England on the same head; an event + which, had it taken place, would have reduced the duke to the rank of a + petty prince, and have rendered his situation entirely dependent and + precarious. The title also to the crown of France, which, after the + failure of the elder branches, might accrue to the duke or his posterity, + had been sacrificed by the treaty of Troye; and strangers and enemies were + thereby irrevocably fixed upon the throne. Revenge alone had carried + Philip into these impolitic measures; and a point of honor had hitherto + induced him to maintain them. But as it is the nature of passion gradually + to decay, while the sense of interest maintains a permanent influence and + authority, the duke had, for some years, appeared sensibly to relent in + his animosity against Charles, and to hearken willingly to the apologies + made by that prince for the murder of the late duke of Burgundy. His + extreme youth was pleaded in his favor; his incapacity to judge for + himself; the ascendant gained over him by his ministers; and his inability + to resent a deed which, without his knowledge, had been perpetrated by + those under whose guidance he was then placed. The more to flatter the + pride of Philip, the king of France had banished from his court and + presence Tanegui de Chatel, and all those who were concerned in that + assassination; and had offered to make every other atonement which could + be required of him. The distress which Charles had already suffered, had + tended to gratify the duke’s revenge; the miseries to which France had + been so long exposed, had begun to move his compassion; and the cries of + all Europe admonished him, that his resentment, which might hitherto be + deemed pious, would, if carried further, be universally condemned as + barbarous and unrelenting. While the duke was in this disposition, every + disgust which he received from England made a double impression upon him; + the entreaties of the count of Richemont and the duke of Bourbon, who had + married his two sisters, had weight; and he finally determined to unite + himself to the royal family of France, from which his own was descended. + </p> + <p class="side"> + 1435. + </p> + <p> + For this purpose, a congress was appointed at Arras under the mediation of + deputies from the pope and the council of Basle: the duke of Burgundy came + thither in person: the duke of Bourbon, the count of Richemont, and other + persons of high rank, appeared as ambassadors from France: and the English + having also been invited to attend, the cardinal of Winchester, the + bishops of Norwich and St. David’s, the earls of Huntingdon and Suffolk, + with others, received from the protector and council a commission for that + purpose.[*] + </p> + <p> + The conferences were held in the abbey of St. Vaast, and began with + discussing the proposals of the two crowns which were so wide of each + other as to admit of no hopes of accommodation. France offered to cede + Normandy with Guienne, but both of them loaded with the usual homage and + vassalage to the crown. As the claims of England upon France were + universally unpopular in Europe, the mediators declared the offers of + Charles very reasonable, and the cardinal of Winchester, with the other + English ambassadors, without giving a particular detail of their demands, + immediately left the congress. There remained nothing but to discuss the + mutual pretensions of Charles and Philip. These were easily adjusted: the + vassal was in a situation to give law to his superior; and he exacted + conditions which, had it not been for the present necessity, would have + been deemed, to the last degree, dishonorable and disadvantageous to the + crown of France. Besides making repeated atonements and acknowledgments + for the murder of the duke of Burgundy, Charles was obliged to cede all + the towns of Picardy which lay between the Somme and the Low Countries; he + yielded several other territories; he agreed that these and all the other + dominions of Philip should be held by him, during his life, without doing + any homage, or swearing fealty to the present king; and he freed his + subjects from all obligations to allegiance, if ever he infringed this + treaty.[**] Such were the conditions upon which France purchased the + friendship of the duke of Burgundy. + </p> +<pre xml:space="preserve"> + * Rymer, vol. x. p. 611, 612. + + ** Monstrelet, vol ii. p. 112. Grafton, p. 565. +</pre> + <p> + The duke sent a herald to England with a letter, in which he notified the + conclusion of the treaty of Arras, and apologized for his departure from + that of Troye. The council received the herald with great coldness: they + even assigned him his lodgings in a shoemaker’s house, by way of insult; + and the populace were so incensed, that if the duke of Glocester had not + given him guards, his life had been exposed to danger when he appeared in + the streets. The Flemings, and other subjects of Philip, were insulted, + and some of them murdered by the Londoners; and every thing seemed to tend + towards a rupture between the two nations.[*] These violences were not + disagreeable to the duke of Burgundy; as they afforded him a pretence for + the further measures which he intended to take against the English, whom + he now regarded as implacable and dangerous enemies. + </p> + <p> + A few days after the duke of Bedford received intelligence of this treaty, + so fatal to the interests of England, he died at Rouen; a prince of great + abilities, and of many virtues; and whose memory, except from the + barbarous execution of the maid of Orleans, was unsullied by any + considerable blemish. Isabella, queen of France, died a little before him, + despised by the English, detested by the French, and reduced, in her + latter years, to regard with an unnatural horror the progress and success + of her own son, in recovering possession of his kingdom. This period was + also signalized by the death of the earl of Arundel,[**] a great English + general, who, though he commanded three thousand men, was foiled by + Xaintrailles at the head of six hundred, and soon after expired of the + wounds which he received in the action. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 120. Holing. p. 612. + + ** Monstrelet, vol. ii. p. 105. Holing, p. 610. +</pre> + <p class="side"> + 1436 + </p> + <p> + The violent factions which prevailed between the duke of Glocester and the + cardinal of Winchester, prevented the English from taking the proper + measures for repairing these multiplied losses, and threw all their + affairs into confusion. The popularity of the duke, and his near relation + to the crown, gave him advantages in the contest, which he often lost by + his open and unguarded temper, unfit to struggle with the politic and + interested spirit of his rival. The balance, meanwhile, of these parties, + kept every thing in suspense; foreign affairs were much neglected; and + though the duke of York, son to that earl of Cambridge who was executed in + the beginning of the last reign, was appointed successor to the duke of + Bedford, it was seven months before his commission passed the seals; and + the English remained so long in an enemy’s country, without a proper head + or governor. + </p> + <p> + The new governor, on his arrival, found the capital already lost. The + Parisians had always been more attached to the Burgundian than to the + English interest; and after the conclusion of the treaty of Arras, their + affections, without any further control, universally led them to return to + their allegiance under their native sovereign. The constable, together + with Lile-Adam, the same person who had before put Paris into the hands of + the duke of Burgundy, was introduced in the night-time by intelligence + with the citizens: Lord Willoughby, who commanded only a small garrison of + fifteen hundred men, was expelled: this nobleman discovered valor and + presence of mind on the occasion; but unable to guard so large a place + against such multitudes, he retired into the Bastile, and being there + invested, he delivered up that fortress, and was contented to stipulate + for the safe retreat of his troops into Normandy.[*] + </p> + <p> + In the same season, the duke of Burgundy openly took part against England, + and commenced hostilities by the siege of Calais, the only place which now + gave the English any sure hold of France, and still rendered them + dangerous. As he was beloved among his own subjects, and had acquired the + epithet of Good, from his popular qualities, he was able to interest all + the inhabitants of the Low Countries in the success of this enterprise; + and he invested that place with an army formidable from its numbers, but + without experience, discipline, or military spirit.[**] On the first alarm + of this siege, the duke of Glocester assembled some forces, sent a + defiance to Philip, and challenged him to wait the event of a battle, + which he promised to give, as soon as the wind would permit him to reach + Calais. The warlike genius of the English had at that time rendered them + terrible to all the northern parts of Europe; especially to the Flemings, + who were more expert in manufactures than in arms; and the duke of + Burgundy, being already foiled in some attempts before Calais, and + observing the discontent and terror of his own army, thought proper to + raise the siege, and to retreat before the arrival of the enemy.[***] + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 127. Grafton, p. 568. + + ** Monstrelet, vol. ii, p. 126, 130, 132. Holing. p. 613. + Grafton, p 571. + + *** Monstrelet, vol. ii. p. 136. Holing. p. 614. +</pre> + <p> + The English were still masters of many fine provinces in France; but + retained possession more by the extreme weakness of Charles, than by the + strength of their own garrisons or the force of their armies. Nothing, + indeed, can be more surprising than the feeble efforts made, during the + course of several years, by these two potent nations against each other + while the one struggled for independence, and the other aspired to a total + conquest of its rival. The general want of industry, commerce, and police + in that age, had rendered all the European nations, and France and England + no less than the others, unfit for bearing the burdens of war, when it was + prolonged beyond one season; and the continuance of hostilities had, long + ere this time, exhausted the force and patience of both kingdoms. Scarcely + could the appearance of an army be brought into the field on either side; + and all the operations consisted in the surprisal of places, in the + rencounter of detached parties, and in incursions upon the open country; + which were performed by small bodies, assembled on a sudden from the + neighboring garrisons. In this method of conducting the war, the French + king had much the advantage: the affections of the people were entirely on + his side: intelligence was early brought him of the state and motions of + the enemy: the inhabitants were ready to join in any attempts against the + garrisons: and thus ground was continually, though slowly, gained upon the + English. The duke of York, who was a prince of abilities, struggled + against these difficulties during the course of five years; and being + assisted by the valor of Lord Talbot, soon after created earl of + Shrewsbury, he performed actions which acquired him honor, but merit not + the attention of posterity. It would have been well, had this feeble war, + in sparing the blood of the people, prevented likewise all other + oppressions; and had the fury of men, which reason and justice cannot + restrain, thus happily received a check from their impotence and + inability. But the French and English, though they exerted such small + force, were, however, stretching beyond their resources, which were still + smaller; and the troops, destitute of pay, were obliged to subsist by + plundering and oppressing the country, both of friends and enemies. The + fields in all the north of France, which was the seat of war, were laid + waste and left uncultivated.[*] + </p> +<pre xml:space="preserve"> + * Grafton, p 562. +</pre> + <p class="side"> + 1440. + </p> + <p> + The cities were gradually depopulated, not by the blood spilt in battle, + but by the more destructive pillage of the garrisons;[*] and both parties, + weary of hostilities which decided nothing, seemed at last desirous of + peace, and they set on foot negotiations for that purpose. But the + proposals of France, and the demands of England, were still so wide of + each other, that all hope of accommodation immediately vanished. The + English ambassadors demanded restitution of all the provinces which had + once been annexed to England, together with the final cession of Calais + and its district; and required the possession of these extensive + territories without the burden of any fealty or homage on the part of + their prince: the French offered only part of Guienne, part of Normandy, + and Calais, loaded with the usual burdens. It appeared in vain to continue + the negotiation while there was so little prospect of agreement. The + English were still too haughty to stoop from the vast hopes which they had + formerly entertained, and to accept of terms more suitable to the present + condition of the two kingdoms. + </p> + <p> + The duke of York soon after resigned his government to the earl of + Warwick, a nobleman of reputation, whom death prevented from long enjoying + this dignity. The duke, upon the demise of that nobleman, returned to his + charge; and during his administration, a truce was concluded between the + king of England and the duke of Burgundy, which had become necessary for + the commercial interests of their subjects.[**] The war with France + continued in the same languid and feeble state as before. + </p> + <p> + The captivity of five princes of the blood, taken prisoners in the battle + of Azincour, was a considerable advantage, which England long enjoyed over + its enemy; but this superiority was now entirely lost. Some of these + princes had died; some had been ransomed; and the duke of Orleans, the + most powerful among them, was the last that remained in the hands of the + English. He offered the sum of fifty-four thousand nobles[***] for his + liberty; and when this proposal was laid before the council of England, as + every question was there an object of faction, the party of the duke of + Glocester, and that of the cardinal of Winchester, were divided in their + sentiments with regard to it. + </p> +<pre xml:space="preserve"> + * Fortescue, who soon after this period visited France, in + the train of Prince Henry, speaks of that kingdom as a + desert, in comparison of England. See his treatise De + Laudibus Legum Angliæ. Though we make allowance for the + partialities of Fortescue, there must have been some + foundation for his account; and these destructive wars are + the most likely reason to be assigned for the difference + remarked by this author. + + ** Grafton, p. 673. + + *** Rymer, vol. x. p. 764, 776, 782, 795, 796. This sum was + equal to thirty-six thousand pounds sterling of our present + money. A subsidy of a tenth and fifteenth was fixed by + Edward III. at twenty-nine thousand pounds, which, in the + reign of Henry VI., made only fifty-eight thousand pounds of + our present money. The parliament granted only one subsidy + during the course of seven years, from 1437 to 1444. +</pre> + <p> + The duke reminded the council of the dying advice of the late king, that + none of these prisoners should on any account be released, till his son + should be of sufficient age to hold himself the reins of government. The + cardinal insisted on the greatness of the sum offered, which, in reality, + was nearly equal to two thirds of all the extraordinary supplies that the + parliament, during the course of seven years, granted for the support of + the war. And he added, that the release of this prince was more likely to + be advantageous than prejudicial to the English interests; by filling the + court of France with faction, and giving a head to those numerous + malecontents whom Charles was at present able with great difficulty to + restrain. The cardinal’s party, as usual, prevailed: the duke of Orleans + was released, after a melancholy captivity of twenty-five years:[*] and + the duke of Burgundy, as a pledge of his entire reconciliation with the + family of Orleans, facilitated to that prince the payment of his ransom. + It must be confessed, that the princes and nobility, in those ages, went + to war on very disadvantageous terms. If they were taken prisoners, they + either remained in captivity during life, or purchased their liberty at + the price which the victors were pleased to impose, and which often + reduced their families to want and beggary. + </p> +<pre xml:space="preserve"> + * Grafton, p. 578. +</pre> + <p class="side"> + 1443. + </p> + <p> + The sentiments of the cardinal, some time after, prevailed in another + point of still greater moment. That prelate had always encouraged every + proposal of accommodation with France; and had represented the utter + impossibility, in the present circumstances, of pushing farther the + conquests in that kingdom, and the great difficulty of even maintaining + those which were already made. He insisted on the extreme reluctance of + the parliament to grant supplies; the disorders in which the English + affairs in Normandy were involved; the daily progress made by the French + king; and the advantage of stopping his hand by a temporary accommodation + which might leave room for time and accidents to operate in favor of the + English. The duke of Glocester, high-spirited and haughty, and educated in + the lofty pretensions which the first successes of his two brothers had + rendered familiar to him, could not yet be induced to relinquish all hopes + of prevailing over France; much less could he see with patience his own + opinion thwarted and rejected by the influence of his rival in the English + council. But, notwithstanding his opposition, the earl of Suffolk, a + nobleman who adhered to the cardinal’s party, was despatched to Tours, in + order to negotiate with the French ministers. It was found impossible to + adjust the terms of a lasting peace; but a truce for twenty-two months was + concluded, which left every thing on the present footing between the + parties. The numerous disorders under which the French government labored, + and which time alone could remedy, induced Charles to assent to this + truce; and the same motives engaged him afterwards to prolong it.[*] But + Suffolk, not content with executing this object of his commission, + proceeded also to finish another business, which seems rather to have been + implied than expressed in the powers that had been granted him.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. xi. p. 101, 108, 206, 214. + + ** Rymer, vol. xi. p. 53. +</pre> + <p> + In proportion as Henry advanced in years, his character became fully known + in the court, and was no longer ambiguous to either faction. Of the most + harmless, inoffensive, simple manners, but of the most slender capacity, + he was fitted, both by the softness of his temper and the weakness of his + understanding, to be perpetually governed by those who surrounded him; and + it was easy to foresee that his reign would prove a perpetual minority. As + he had now reached the twenty-third year of his age, it was natural to + think of choosing him a queen; and each party was ambitious of having him + receive one from their hand, as it was probable that this circumstance + would decide forever the victory between them. The duke of Glocester + proposed a daughter of the count of Armagnac; but had not credit to effect + his purpose. The cardinal and his friends had cast their eye on Margaret + of Anjou, daughter of Regnier, titular king of Sicily, Naples, and + Jerusalem, descended from the count of Anjou, brother of Charles V., who + had left these magnificent titles, but without any real power or + possessions, to his posterity. This princess herself was the most + accomplished of her age, both in body and mind; and seemed to possess + those qualities which would equally qualify her to acquire the ascendant + over Henry, and to supply all his defects and weaknesses. Of a masculine, + courageous spirit, of an enterprising temper, endowed with solidity as + well as vivacity of understanding, she had not been able to conceal these + great talents even in the privacy of her father’s family; and it was + reasonable to expect, that when she should mount the throne, they would + break out with still superior lustre. The earl of Suffolk, therefore, in + concert with his associates of the English council, made proposals of + marriage to Margaret, which were accepted. But this nobleman, besides + preoccupying the princess’s favor by being the chief means of her + advancement, endeavored to ingratiate himself with her and her family, by + very extraordinary concessions: though Margaret brought no dowry with her, + he ventured of himself, without any direct authority from the council, but + probably with the approbation of the cardinal and the ruling members, to + engage, by a secret article, that the province of Maine, which was at that + time in the hands of the English, should be ceded to Charles of Anjou, her + uncle,[*] who was prime minister and favorite of the French king, and who + had already received from his master the grant of that province as his + appanage. + </p> + <p> + The treaty of marriage was ratified in England: Suffolk obtained first the + title of marquis, then that of duke; and even received the thanks of + parliament for his services in concluding it.[**] The princess fell + immediately into close connections with the cardinal and his party, the + dukes of Somerset, Suffolk, and Buckingham;[***] who, fortified by her + powerful patronage, resolved on the final ruin of the duke of Glocester. + </p> +<pre xml:space="preserve"> + * Grafton, p. 590. + + ** Cotton, p. 630. + + *** Holingshed, p. 626. +</pre> + <p class="side"> + 1447. + </p> + <p> + This generous prince, worsted in all court intrigues, for which his temper + was not suited, but possessing in a high degree the favor of the public, + had already received from his rivals a cruel mortification, which he had + hitherto borne without violating public peace, but which it was impossible + that a person of his spirit and humanity could ever forgive. His duchess, + the daughter of Reginald Lord Cobham, had been accused of the crime of + witchcraft; and it was pretended, that there was found in her possession a + waxen figure of the king, which she and her associates, Sir Roger + Bolingbroke, a priest, and one Margery Jordan, of Eye, melted in a magical + manner before a slow fire, with an intention of making Henry’s force and + vigor waste away by like insensible degrees. The accusation was well + calculated to affect the weak and credulous mind of the king, and to gain + belief in an ignorant age; and the duchess was brought to trial with her + confederates. The nature of this crime, so opposite to all common sense, + seems always to exempt the accusers from observing the rules of common + sense in their evidence: the prisoners were pronounced guilty; the duchess + was condemned to do public penance, and to suffer perpetual imprisonment; + the others were executed.[*] But as these violent proceedings were + ascribed solely to the malice of the duke’s enemies, the people, contrary + to their usual practice in such marvellous trials, acquitted the unhappy + sufferers; and increased their esteem and affection towards a prince who + was thus exposed, without protection, to those mortal injuries. + </p> + <p> + These sentiments of the public made the cardinal of Winchester and his + party sensible that it was necessary to destroy a man whose popularity + might become dangerous, and whose resentment they had so much cause to + apprehend. In order to effect their purpose, a parliament was summoned to + meet, not at London, which was supposed to be too well affected to the + duke, but at St. Edmondsbury, where they expected that he would lie + entirely at their mercy. As soon as he appeared, he was accused of + treason, and thrown into prison. He was soon after found dead in his + bed;[**] and though it was pretended that his death was natural, and + though his body, which was exposed to public view, bore no marks of + outward violence, no one doubted but he had fallen a victim to the + vengeance of his enemies. + </p> +<pre xml:space="preserve"> + * Stowe, p. 381. Holingshed, p. 622. Grafton, p. 687. + + ** Grafton, p. 597. +</pre> + <p> + An artifice, formerly practised in the case of Edward II., Richard II., + and Thomas of Woodstock, duke of Glocester, could deceive nobody. The + reason of this assassination of the duke seems, not that the ruling party + apprehended his acquittal in parliament on account of his innocence, + which, in such times, was seldom much regarded, but that they imagined his + public trial and execution would have been more invidious than his private + murder which they pretended to deny. Some gentlemen of his retinue were + afterwards tried as accomplices in his treasons, and were condemned to be + hanged, drawn, and quartered, They were hanged and cut down; but just as + the executioner was proceeding to quarter them, their pardon was produced, + and they were recovered to life;[*] the most barbarous kind of mercy that + can possibly be imagined! + </p> + <p> + This prince is said to have received a better education than was usual in + his age, to have founded one of the first public libraries in England, and + to have been a great patron of learned men. Among other advantages which + he reaped from this turn of mind, it tended much to cure him of credulity + of which the following instance is given by Sir Thomas More. There was a + man who pretended that, though he was born blind, he had recovered his + sight by touching the shrine of St. Albans. The duke, happening soon after + to pass that way, questioned the man, and seeming to doubt of his sight, + asked him the colors of several cloaks, worn by persons of his retinue. + The man told them very readily. “You are a knave,” cried the prince; “had + you been born blind, you could not so soon have learned to distinguish + colors;” and immediately ordered him to be set in the stocks as an + impostor.[**] + </p> +<pre xml:space="preserve"> + * Fabian, Chron. anno 1447. + + ** Grafton, p. 597. +</pre> + <p> + The cardinal of Winchester died six weeks after his nephew whose murder + was universally ascribed to him as well as to the duke of Suffolk, and + which, it is said, gave him more remorse in his last moments than could + naturally be expected from a man hardened, during the course of a long + life, in falsehood and in politics. What share the queen had in this guilt + is uncertain; her usual activity and spirit made the public conclude, with + some reason, that the duke’s enemies durst not have ventured on such a + deed without her privity. But there happened, soon after, an event of + which she and her favorite, the duke of Suffolk, bore incontestably the + whole odium. + </p> + <p> + That article of the marriage treaty by which the province of Maine was to + be ceded to Charles of Anjou, the queen’s unele, had probably been + hitherto kept secret; and during the lifetime of the duke of Glocester, it + might have been dangerous to venture on the execution of it. But as the + court of France strenuously insisted on performance, orders were now + despatched, under Henry’s hand, to Sir Francis Surienne, governor of Mans, + commanding him to surrender that place to Charles of Anjou. Surienne, + either questioning the authenticity of the order, or regarding his + government as his sole fortune, refused compliance; and it became + necessary for a French army, under the count of Dunois, to lay siege to + the city. The governor made as good a defence as his situation could + permit; but receiving no relief from Edmund, duke of Somerset, who was at + that time governor of Normandy, he was at last obliged to capitulate, and + to surrender not only Mans, but all the other fortresses of that province, + which was thus entirely alienated from the crown of England. + </p> + <p class="side"> + 1448. + </p> + <p> + The bad effects of this measure stopped not here. Surienne, at the head of + all his garrisons, amounting to two thousand five hundred men, retired + into Normandy, in expectation of being taken into pay, and of being + quartered in some towns of that province. But Somerset, who had no means + of subsisting such a multitude, and who was probably incensed at + Surienne’s disobedience, refused to admit him; and this adventurer, not + daring to commit depredations on the territories either of the king of + France or of England, marched into Brittany, seized the town of Fougeres, + repaired the fortifications of Pontorson and St. James de Beuvron, and + subsisted his troops by the ravages which he exercised on that whole + province.[*] The duke of Brittany complained of this violence to the king + of France, his liege lord: Charles remonstrated with the duke of Somerset: + that nobleman replied, that the injury was done without his privity, and + that he had no authority over Surienne and his companions.[**] Though this + answer ought to have appeared satisfactory to Charles, who had often felt + severely the licentious independent spirit of such mercenary soldiers, he + never would admit of the apology. He still insisted that these plunderers + should be recalled, and that reparation should be made to the duke of + Brittany for all the damages which he had sustained: and in order to + render an accommodation absolutely impracticable, he made the estimation + of damages amount to no less a sum than one million six hundred thousand + crowns. He was sensible of the superiority which the present state of his + affairs gave him over England; and he determined to take advantage of it. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. iii. p. 6. + + ** Monstrelet vol. iii. p. 7. Holingshed, p. 629. +</pre> + <p> + No sooner was the truce concluded between the two kingdoms, than Charles + employed himself, with great industry and judgment, in repairing those + numberless ills to which France, from the continuance of wars both foreign + and domestic, had so long been exposed. He restored the course of public + justice; he introduced order into the finances; he established discipline + in his troops; he repressed faction in his court; he revived the languid + state of agriculture and the arts; and, in the course of a few years, he + rendered his kingdom flourishing within itself, and formidable to its + neighbors. Meanwhile, affairs in England had taken a very different turn. + The court was divided into parties, which were enraged against each other: + the people were discontented with the government: conquests in France, + which were an object more of glory than of interest, were overlooked + amidst domestic incidents, which engrossed the attention of all men: the + governor of Normandy, ill supplied with money, was obliged to dismiss the + greater part of his troops, and to allow the fortifications of the towns + and castles to become ruinous; and the nobility and people of that + province had, during the late open communication with France, enjoyed + frequent opportunities of renewing connections with their ancient master, + and of concerting the means for expelling the English. The occasion, + therefore, seemed favorable to Charles for breaking the truce. + </p> + <p class="side"> + 1449. + </p> + <p> + Normandy was at once invaded by four powerful armies: one commanded by the + king himself; a second by the duke of Brittany; a third by the duke of + Alençon; and a fourth by the count of Dunois. The places opened their + gates almost as soon as the French appeared before them; Verneuil, Nogent, + Chateau Gaillard, Ponteau de Mer, Gisors, Mante, Vernon, Argentan Lisieux, + Fecamp, Coutances, Belesme, Pont de l’Arche, fell in an instant into the + hands of the enemy. The duke of Somerset, so far from having an army which + could take the field and relieve these places, was not able to supply them + with the necessary garrisons and provisions. He retired, with the few + troops of which he was master, into Rouen; and thought it sufficient, if, + till the arrival of succors from England, he could save that capital from + the general fate of the province. The king of France, at the head of a + formidable army, fifty thousand strong, presented himself before the + gates: the dangerous example of revolt had infected the inhabitants; and + they called aloud for a capitulation. Somerset, unable to resist at once + both the enemies within one from without, retired with his garrison into + the palace and castle; which, being places not tenable he was obliged to + surrender: he purchased a retreat to Harfleur by the payment of fifty-six + thousand crowns, by engaging to surrender Arques, Tancarville, Caudebec, + Honfleur, and other places in the higher Normandy, and by delivering. + hostages for the performance of articles.[*] + </p> + <p class="side"> + 1450. + </p> + <p> + The governor of Honfleur refused to obey his orders; upon which the earl + of Shrewsbury, who was one of the hostages, was detained prisoner; and the + English were thus deprived of the only general capable of recovering them + from their present distressed; situation. Harfleur made a better defence + under Sir Thomas Curson, the governor; but was finally obliged to open its + gates to Dunois. Succors at last appeared from England, under Sir Thomas + Kyriel, and landed at Cherbourg: but these came very late, amounted only + to four thousand men, and were soon after put to rout at Fourmigni by the + count of Clermont.[**] This battle, or rather skirmish, was the only + action fought by the English for the defence of their dominions in France, + which they had purchased at such an expense of blood and treasure. + Somerset, shut up in Caen, without any prospect of relief, found it + necessary to capitulate: Falaise opened its gates, on condition that the + earl of Shrewsbury should be restored to liberty: and Cherbourg, the last + place of Normandy which remained in the hands of the English, being + delivered up, the conquest of that important province was finished in a + twelvemonth by Charles, to the great joy of the inhabitants, and of his + whole kingdom.[***] + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. iii. p. 21. Grafton, p. 643. + + ** Holing, p. 631. + + *** Grafton, p. 646. +</pre> + <p> + A like rapid success attended the French arms in Guienne; though the + inhabitants of that province were, from long custom, better inclined to + the English government. Dunois was despatched thither, and met with no + resistance in the field, and very little from the towns. Great + improvements had been made during this age in the structure and management + of artillery, and none in fortification; and the art of defence was by + that means more unequal, than either before or since, to the art of + attack. After all the small places about Bordeaux were reduced, that city + agreed to submit, if not relieved by a certain time; and as no one in + England thought Seriously of these distant concerns, no relief appeared; + the place surrendered; and Bayonne being taken soon after, this whole + province, which had remained united to England since the accession of + Henry II., was, after a period of three centuries, finally swallowed up in + the French monarchy. + </p> + <p> + Though no peace or truce was concluded between France and England, the war + was in a manner at an end. The English, torn in pieces by the civil + dissensions which ensued, made but one feeble effort more for the recovery + of Guienne, and Charles, occupied at home in regulating the government, + and fencing against the intrigues of his factious son, Lewis the dauphin, + scarcely ever attempted to invade them in their island, or to retaliate + upon them, by availing himself of their intestine confusions. + </p> + <p> + <a name="link2H_4_0019" id="link2H_4_0019"> + <!-- H2 anchor --> </a> <a name="linkchapter21" id="linkchapter21"></a><br /> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XXI. + </h2> + <p> + <br /> <br /> + </p> + <h2> + HENRY VI. + </h2> + <p class="side"> + 1450. + </p> + <p> + A WEAK prince, seated on the throne of England, had never failed, how + gentle soever and innocent, to be infested with faction, discontent, + rebellion, and evil commotions; and as the incapacity of Henry appeared + every day in a fuller light, these dangerous consequences began, from past + experience, to be universally and justly apprehended Men also of unquiet + spirits, no longer employed in foreign wars, whence they were now excluded + by the situation of the neighboring states, were the more likely to excite + intestine, disorders, and by their emulation, rivalship, and animosities, + to tear the bowels of their native country. But though these causes alone + were sufficient to breed confusion, there concurred another circumstance + of the most dangerous, nature: a pretender to the crown appeared: the tie + itself of the weak prince who enjoyed the name of sovereignty, was + disputed; and the English were now to pay the severe though late penalty + of their turbulence under Richard II., and of their levity in violating, + without any necessity or just reason, the lineal succession of their + monarchs. + </p> + <p> + All the males of the house of Mortimer were extinct; but Anne, the sister + of the last earl of Marche, having espoused the earl of Cambridge, + beheaded in the reign of Henry V. had transmitted her latent, but not yet + forgotten claim to be; on Richard, duke of York. This prince, thus + descended by his mother from Philippa, only daughter of the duke of + Clarence, second son of Edward III., stood plainly in the order of + succession before the king, who derived his descent from the duke of + Lancaster, third son of that monarch; and that claim could not, in many + respects, have fallen into more dangerous hands man those of the duke of + York. Richard was a man of valor and abilities, of a prudent conduct and + mild disposition: he had enjoyed an opportunity of displaying these + virtues in his government of France; and though recalled from that command + by the intrigues and superior interest of the duke of Somerset, he had + been sent to suppress a rebellion in Ireland; had succeeded much better in + that enterprise than his rival in the defence of Normandy, and had even + been able to attach to his person and family the whole Irish nation, whom + he was sent to subdue.[*] In the right of his father, he bore the rank of + first prince of the blood; and by this station he gave a lustre to his + title derived from the family of Mortimer, which, though of great + nobility, was equalled by other families in the kingdom, and had been + eclipsed by the royal descent of the house of Lancaster. He possessed an + immense fortune from the union of so many successions, those of Cambridge + and York on the one hand, with those of Mortimer on the other; which last + inheritance had before been augmented by a union of the estates of + Clarence and Ulster with the patrimonial possessions of the family of + Marche. The alliances too of Richard, by his marrying the daughter of + Ralph Nevil, earl of Westmoreland, had widely extended his interest among + the nobility, and had procured him many connections in that formidable + order. + </p> +<pre xml:space="preserve"> + * Stowe, p. 387. +</pre> + <p> + The family of Nevil was perhaps at this time the most potent, both from + their opulent possessions and from the characters of the men, that has + ever appealed in England. For, besides the earl of Westmoreland, and the + lords Latimer, Fauconberg, and Abergavenny, the earls of Salisbury and + Warwick were of that family, and were of themselves, on many accounts, the + greatest noblemen in the kingdom. The earl of Salisbury, brother-in-law to + the duke of York, was the eldest son by a second marriage of the earl of + Westmoreland; and inherited by his wife, daughter and heir of Montacute, + earl of Salisbury, killed before Orleans, the possessions and title of + that great family. His eldest son, Richard, had married Anne, the daughter + and heir of Beauchamp, earl of Warwick, who died governor of France; and + by this alliance he enjoyed the possessions, and had acquired the title, + of that other family, one of the most opulent, most ancient, and most + illustrious in England. The personal qualities also of these two earls, + especially of Warwick enhanced the splendor of their nobility, and + increased then influence over the people. This latter nobleman commonly + known, from the subsequent events, by the appellation of the “king-maker,” + had distinguished himself by his gallantry in the field, by the + hospitality of his table, by Ore magnificence, and still more by the + generosity, of his expense, and by the spirited and bold manner which + attended him in all his actions. The undesigning frankness and openness of + his character rendered his conquest over men’s affections the more certain + and infallible: his presents were regarded as sure testimonials of esteem + and friendship; and his professions as the over-flowings of his genuine + sentiments. No less than thirty thousand persons are said to have daily + lived at his board In the different manors and castles which he possessed + in England: the military men, allured by his munificence and hospitality, + as well as by his bravery, were zealously attached to his interests: the + people in general bore him an unlimited affection: his numerous retainers + were more devoted to his will than to the prince or to the laws: and he + was the greatest, as well as the last, of those mighty barons who formerly + overawed the crown, and rendered the people incapable of any regular + system of civil government. + </p> + <p> + But the duke of York, besides the family of Nevil, had many other + partisans among the great nobility. Courtney, earl of Devonshire, + descended from a very noble family of that name in France, was attached to + his interests: Moubray, duke of Norfolk, had, from his hereditary hatred + to the family of Lancaster, embraced the same party: and the discontents + which universally prevailed among the people, rendered every combination + of the great the more dangerous to the established government. + </p> + <p> + Though the people were never willing to grant the supplies necessary for + keeping possession of the conquered provinces in France, they repined + extremely at the loss of these boasted acquisitions; and fancied, because + a sudden irruption could make conquests, that, without steady counsels and + a uniform expense, it was possible to maintain them. The voluntary cession + of Maine to the queen’s uncle, had made them suspect treachery in the loss + of Normandy and Guienne. They still considered Margaret as a French woman, + and a latent enemy of the kingdom. And when they saw her father and all + her relations active in promoting the success of the French, they could + not be persuaded that she, who was all-powerful in the English council, + would very zealously oppose them in their enterprises. + </p> + <p> + But the most fatal blow given to the popularity of the crown and to the + interests of the house of Lancaster, was by the assassination of the + virtuous duke of Glocester; whose character, had he been alive, would have + intimidated the partisans of York; but whose memory, being extremely + cherished by the people, served to throw an odium on all his murderers. By + this crime the reigning family suffered a double prejudice it was deprived + of its firmest support; and it was loaded with all the infamy of that + imprudent and barbarous assassination. + </p> + <p> + As the duke of Suffolk was known to have had an active hand in the crime, + he partook deeply of the hatred attending it; and the clamors which + necessarily rose against him, as prime minister and declared favorite of + the queen, were thereby augmented to a tenfold pitch, and became + absolutely uncontrollable. The great nobility could ill brook to see a + subject exalted above them; much more one who was only great-grandson to a + merchant, and who was of a birth so much inferior to theirs. The people + complained of his arbitrary measures; which were, in some degree, a + necessary consequence of the irregular power then possessed by the prince, + but which the least disaffection easily magnified into tyranny. The great + acquisitions which he daily made were the object of envy; and as they were + gained at the expense of the crown, which was itself reduced to poverty, + they appeared on that account, to all indifferent persons, the more + exceptionable and invidious. + </p> + <p> + The revenues of the crown, which had long been disproportioned to its + power and dignity, had been extremely dilapidated during the minority of + Henry;[*] both by the rapacity of the courtiers, which the king’s uncles + could not control, and by the necessary expenses of the French war, which + had always been very ill supplied by the grants of parliament. + </p> +<pre xml:space="preserve"> + *: Cotton, p. 609. +</pre> + <p> + The royal demesnes were dissipated; and at the same time the king was + loaded with a debt of three hundred and seventy-two thousand pounds, a sum + so great, that the parliament could never think of discharging it. This + unhappy situation forced the ministers upon many arbitrary measures: the + household itself could not be supported without stretching to the utmost + the right of purveyance, and rendering it a kind of universal robbery upon + the people: the public clamor rose high upon this occasion, and no one had + the equity to make allowance for the necessity of the king’s situation. + Suffolk, once become odious, bore the blame of the whole; and every + grievance, in every part of the administration, was universally imputed to + his tyranny and injustice. + </p> + <p> + This nobleman, sensible of the public hatred under which he labored, and + foreseeing an attack from the commons endeavored to overawe his enemies, + by boldly presenting himself to the charge, and by insisting upon his own + innocence and even upon his merits, and those of his family, in the public + service. He rose in the house of peers; took notice of the clamors + propagated against him; and complained that after serving the crown in + thirty-four campaigns; after living abroad seventeen years, without once + returning to his native country; after losing a father and three brothers + in the wars with France; after being himself a prisoner, and purchasing + his liberty by a great ransom; it should yet be suspected, that he had + been debauched from his allegiance by that enemy whom he had ever opposed + with such zeal and fortitude, and that he had betrayed his prince, who had + rewarded his services by the highest honors and greatest offices that it + was in his power to confer.[*] This speech did not answer the purpose + intended. The commons, rather provoked at his challenge, opened their + charge against him, and sent up to the peers an accusation of high + treason, divided into several articles. They insisted, that he had + persuaded the French king to invade England with an armed force, in order + to depose the king, and to place on the throne his own son, John de la + Pole, whom he intended to marry to Margaret, the only daughter of the late + John, duke of Somerset, and to whom, he imagined, he would by that means + acquire a title to the crown: that he had contributed to the release of + the duke of Orleans, in hopes that that prince would assist King Charles + in expelling the English from France, and recovering full possession of + his kingdom: that he had afterwards encouraged that monarch to make open + war on Normandy and Guienne, and had promoted his conquests by betraying + the secrets of England, and obstructing the succors intended to be sent to + those provinces; and that he had, without any powers or commission, + promised by treaty to cede the province of Maine to Charles of Anjou, and + had accordingly ceded it; which proved in the issue the chief cause of the + loss of Normandy.[**] + </p> +<pre xml:space="preserve"> + * Cotton, p. 641. + + ** Cotton, p. 642. Hall, fol. 157. Holing, p. 631. Grafton, + p. 607 +</pre> + <p> + It is evident, from a review of these articles, that the commons adopted + without inquiry all the popular clamors against the duke of Suffolk, and + charged him with crimes of which none but the vulgar could seriously + believe him guilty. Nothing can be more incredible, than that a nobleman, + so little eminent by his birth and character, could think of acquiring the + crown to his family, and of deposing Henry by foreign force, and, together + with him, Margaret, his patron, a princess of so much spirit and + penetration. Suffolk appealed to many noblemen in the house, who knew that + he had intended to marry his son to one of the coheirs of the earl of + Warwick, and was disappointed in his views only by the death of that lady: + and he observed, that Margaret of Somerset could bring to her husband no + title to the crown; because she herself was not so much as comprehended in + the entail settled by act of parliament. It is easy to account for the + loss of Normandy and Guienne, from the situation of affairs in the two + kingdoms, without supposing any treachery in the English ministers; and it + may safely be affirmed, that greater vigor was requisite to defend these + provinces from the arms of Charles VII., than to conquer them at first + from his predecessor. It could never be the interest of any English + minister to betray and abandon such acquisitions; much less of one who was + so well established in his master’s favor, who enjoyed such high honors + and ample possessions in his own country, who had nothing to dread but the + effects of popular hatred and who could never think, without the most + extreme reluctance, of becoming a fugitive and exile in a foreign land. + The only article which carries any face of probability, is his engagement + for the delivery of Maine to the queen’s uncle: but Suffolk maintained, + with great appearance of truth, that this measure was approved of by + several at the council table; [*] and it seems hard to ascribe to it, as + is done by the commons, the subsequent loss of Normandy and expulsion of + the English. Normandy lay open on every side to the invasion of the + French: Maine, an inland province, must soon after have fallen without any + attack; and as the English possessed in other parts more fortresses than + they could garrison or provide for, it seemed no bad policy to contract + their force, and to render the defence practicable, by reducing it within + a narrower compass. + </p> +<pre xml:space="preserve"> + * Cotton, p.643. +</pre> + <p> + The commons were probably sensible, that this charge of treason against + Suffolk would not bear a strict scrutiny; and they therefore, soon after, + sent up against him a new charge of misdemeanors, which they also divided + into several articles. They affirmed, among other imputations, that he had + procured exorbitant grants from the crown, had embezzled the public money, + had conferred offices on improper persons, had perverted justice by + maintaining iniquitous causes, and had procured pardons for notorious + offenders.[*] The articles are mostly general, but are not improbable; and + as Suffolk seems to have been a bad man and a bad minister, it will not be + rash in us to think that he was guilty, and that many of these articles + could have been proved against him. The court was alarmed at the + prosecution of a favorite minister, who lay under such a load of popular + prejudices; and an expedient was fallen upon to save him from present + ruin. The king summoned all the lords, spiritual and temporal, to his + apartment: the prisoner was produced before them, and asked what he could + say in his own defence: he denied the charge; but submitted to the king’s + mercy: Henry expressed himself not satisfied with regard to the first + impeachment for treason; but in consideration of the second for + misdemeanors, he declared that, by virtue of Suffolk’s own submission, not + by any judicial authority, he banished him the kingdom during five years. + The lords remained silent; but as soon as they returned to their own + house, they entered a protest, that this sentence should nowise infringe + their privileges, and that, if Suffolk had insisted upon his right, and + had not voluntarily submitted to the king’s commands, he was entitled to a + trial by his peers in parliament. + </p> + <p> + It was easy to see, that these irregular proceedings were meant to favor + Suffolk, and that, as he still possessed the queen’s confidence, he would, + on the first favorable opportunity, be restored to his country, and be + reinstated in his former power and credit. A captain of a vessel was + therefore employed by his enemies to intercept him in his passage to + France: he was seized near Dover; his head struck off on the side of a + long-boat; and his body thrown into the sea,[**] No inquiry was made after + the actors and accomplices in this atrocious deed of violence. + </p> +<pre xml:space="preserve"> + * Cotton, p. 643. + + ** Hall, fol. 158. Hist. Croyland, Contin. p. 525. Stowe, p. + 388. Grafton, p. 610. +</pre> + <p> + The duke of Somerset succeeded to Suffolk’s power in the ministry, and + credit with the queen; and as he was the person under whose government the + French provinces had been lost, the public, who always judge by the event, + soon made him equally the object of their animosity and hatred. The duke + of York was absent in Ireland during all these transactions and however it + might be suspected that his partisans had excited and supported the + prosecution against Suffolk, no immediate ground of complaint could, on + that account, lie against him. But there happened, soon after, an incident + which roused the jealousy of the court, and discovered to them the extreme + danger to which they were exposed from the pretensions of that popular + prince. + </p> + <p> + The humors of the people, set afloat by the parliamentary impeachment, and + by the fall of so great a favorite as Suffolk, broke out in various + commotions, which were soon suppressed, but there arose one in Kent which + was attended with more dangerous consequences. A man of low condition, one + John Cade, a native of Ireland, who had been obliged to fly into France + for crimes, observed, on his return to England, the discontents of the + people; and he laid on them the foundation of projects which were at first + crowned with surprising success. He took the name of John Mortimer; + intending, as is supposed, to pass himself for a son of that Sir John + Mortimer who had been sentenced to death by parliament, and executed, in + the beginning of this reign, without any trial or evidence, merely upon an + indictment of high treason given in against him.[*] On the first mention + of that popular name, the common people of Kent, to the number of twenty + thousand, flocked to Cade’s standard; and he excited their zeal by + publishing complaints against the numerous abuses in government, and + demanding a redress of grievances. The court, not yet fully sensible of + the danger, sent a small force against the rioters, under the command of + Sir Humphrey Stafford, who was defeated and slain in an action near + Sevenoke;[**] and Cade, advancing with his followers towards London, + encamped on Blackheath. + </p> +<pre xml:space="preserve"> + * Stowe, p. 364. Cotton, p. 564. This author admires that + such a piece of injustice should have been committed in + peaceable times: he might have added, and by such virtuous + princes as Bedford and Glocester. But it is to be presumed + that Mortimer was guilty; though his condemnation was highly + irregular and illegal. The people had at this time a very + feeble sense of law and a constitution; and power was very + imperfectly restrained by these limits. When the proceedings + of a parliament were so irregular it is easy to imagine that + those of a king would be more so. + + ** Hall, fol. 159. Holing. p, 634. +</pre> + <p> + Though elated by his victory, he still maintained the appearance of + moderation; and sending to the court a plausible list of grievances,[*] he + promised that, when these should be redressed, and when Lord Say, the + treasurer, and Cromer, sheriff of Kent, should be punished for their + malversations, he would immediately lay down his arms. The council, who + observed that nobody was willing to fight against men so reasonable in + their pretensions, carried the king, for present safety, to Kenilworth; + and the city immediately opened its gates to Cade, who maintained, during + some time, great order and discipline among his followers. He always led + them into the fields during the night-time; and published severe edicts + against plunder and violence of every kind: but being obliged, in order to + gratify their malevolence against Say and Cromer, to put these men to + death without a legal trial,[**] he found that, after the commission of + this crime, he was no longer master of their riotous disposition, and that + all his orders were neglected.[***] They broke into a rich house, which + they plundered; and the citizens, alarmed at this act of violence, shut + their gates against them; and being seconded by a detachment of soldiers, + sent them by Lord Scales, governor of the Tower, they repulsed the rebels + with great slaughter.[****] The Kentish men were so discouraged by the + blow, that upon receiving a general pardon from the primate, then + chancellor, they retreated towards Rochester, and there dispersed. The + pardon was soon after annulled, as extorted by violence: a price was set + on Cade’s head,[*****] who was killed by one Iden, a gentleman of Sussex; + and many of his followers were capitally punished for their rebellion. + </p> + <p> + It was imagined by the court, that the duke of York had secretly + instigated Cade to this attempt, in order to try, by that experiment, the + dispositions of the people towards his title and family:[*] and as the + event had so far succeeded to his wish, the ruling party had greater + reason than ever to apprehend the future consequences of his pretensions. + </p> +<pre xml:space="preserve"> + * Stowe, p. 388, 389. Holing, p. 633. + + ** Grafton, p. 612. + + *** Hall, fol. 160. + + **** Hist. Croyland, Contin.p. 526. + + ****** Cotton, p. 661. +</pre> + <p> + At the same time they heard that he intended to return from Ireland; and + fearing that he meant to bring an armed force along with him, they issued + orders, in the king’s name, for opposing him, and for debarring him + entrance into England.[*] But the duke refuted his enemies by coming + attended with no more than his ordinary retinue: the precautions of the + ministers served only to show him their jealousy and malignity against + him: he was sensible that his title, by being dangerous to the king, was + also become dangerous to himself: he now saw the impossibility of + remaining in his present situation, and the necessity of proceeding + forward in support of his claim. His partisans, therefore, were instructed + to maintain, in all companies, his right by succession, and by the + established laws and constitution of the kingdom: these questions became + every day more and more the subject of conversation: the minds of men were + insensibly sharpened against each other by disputes, before they came to + more dangerous extremities: and various topics were pleaded in support of + the pretensions of each party. + </p> +<pre xml:space="preserve"> + * Stowe, p, 394. +</pre> + <p> + The partisans of the house of Lancaster maintained that, though the + elevation of Henry IV. might at first be deemed somewhat irregular, and + could not be justified by any of those principles on which that prince + chose to rest his title, it was yet founded on general consent, was a + national act, and was derived from the voluntary approbation of a free + people, who, being loosened from their allegiance by the tyranny of the + preceding government, were moved by gratitude, as well as by a sense of + public interest, to intrust the sceptre into the hands of their deliverer: + that, even if that establishment were allowed to be at first invalid, it + had acquired solidity by time; the only principle which ultimately gives + authority to government, and removes those scruples which the irregular + steps attending almost all revolutions, naturally excite in the minds of + the people: that the right of succession was a rule admitted only for + general good, and for the maintenance of public order; and could never be + pleaded to the overthrow of national tranquillity, and the subversion of + regular establishments; that the principles of liberty, no less than the + maxims of internal peace, were injured by these pretensions of the house + of York; and if so many reiterated acts of the legislature, by which the + crown was entailed on the present family, were now invalidated, the + English must be considered not as a free people, who could dispose of + their own government, but as a troop of slaves, who were implicitly + transmitted by succession from one master to another that the nation was + bound to allegiance under the house of Lancaster by moral no less than by + political duty; and were they to infringe those numerous oaths of fealty + which they had sworn to Henry and his predecessors, they would thenceforth + be thrown loose from all principles, and it would be found difficult ever + after to fix and restrain them: that the duke of York himself had + frequently done homage to the king as his lawful sovereign, and had + thereby, in the most solemn manner, made an indirect renunciation of those + claims with which he now dared to disturb the tranquillity of the public: + that even though the violation of the rights of blood, made on the + deposition of Richard, was perhaps rash and imprudent, it was too late to + remedy the mischief; the danger of a disputed succession could no longer + be obviated; the people, accustomed to a government which, in the hands of + the late king, had been so glorious, and in that of his predecessor, so + prudent and salutary, would still ascribe a right to it; by causing + multiplied disorders, and by shedding an inundation of blood, the + advantage would only be obtained of exchanging one pretender for another; + and the house of York itself, if established on the throne, would, on the + first opportunity, be exposed to those revolutions, which the giddy spirit + excited in the people gave so much reason to apprehend: and that, though + the present king enjoyed not the shining talents which had appeared in his + father and grandfather, he might still have a son who should be endowed + with them; he is himself eminent for the most harmless and inoffensive + manners; and if active princes were dethroned on pretence of tyranny, and + indolent ones on the plea of incapacity, there would thenceforth remain in + the constitution no established rule of obedience to any sovereign. + </p> + <p> + Those strong topics in favor of the house of Lancaster, were opposed by + arguments no less convincing on the side of the house of York. The + partisans of this latter family asserted, that the maintenance of order in + the succession of princes, far from doing injury to the people, or + invalidating their fundamental title to good government, was established + only for the purposes of government, and served to prevent those + numberless confusions which must ensue, if no rule were followed but the + uncertain and disputed views of present convenience and advantage: that + the same maxims which insured public peace, were also salutary to national + liberty the privileges of the people could only be maintained by the + observance of laws; and if no account were made of the rights of the + sovereign, it could less be expected that any regard would be paid to the + property and freedom of the subject: that it was never too late to correct + any pernicious precedent; an unjust establishment, the longer it stood, + acquired the greater sanction and validity; it could, with more appearance + of reason, be pleaded as an authority for a like injustice; and the + maintenance of it, instead of favoring public tranquillity, tended to + disjoint every principle by which human society was supported: that + usurpers would be happy, if their present possession of power, or their + continuance for a few years, could convert them into legal princes; but + nothing would be more miserable than the people, if all restraints on + violence and ambition were thus removed, and a full scope given to the + attempts of every turbulent innovator: that time indeed might bestow + solidity on a government whose first foundations were the most infirm; but + it required both a long course of time to produce this effect, and the + total extinction of those claimants whose title was built on the original + principles of the constitution: that the deposition of Richard II., and + the advancement of Henry IV., were not deliberate national acts, but the + result of the levity and violence of the people, and proceeded from those + very defects in human nature which the establishment of political society, + and of an order in succession, was calculated to prevent: that the + subsequent entails of the crown were a continuance of the same violence + and usurpation; they were not ratified by the legislature, since the + consent of the rightful king was still wanting; and the acquiescence, + first of the family of Mortimer, then of the family of York, proceeded + from present necessity, and implied no renunciation of their pretensions + that the restoration of the true order of succession could not be + considered as a change which familiarized the people to devolutions; but + as the correction of a former abuse, which had itself encouraged the giddy + spirit of innovation, rebellion, and disobedience: and that, as the + original title of Lancaster stood only, in the person of Henry IV., on + present convenience, even this principle, unjustifiable as it was when not + supported by laws and warranted by the constitution, had now entirely gone + over to the other side; nor was there any comparison between a prince + utterly unable to sway the sceptre, and blindly governed by corrupt + ministers, or by an imperious queen, engaged in foreign and hostile + interests and a prince of mature years, of approved wisdom and experience, + a native of England, the lineal heir of the crown, who, by his + restoration, would replace every thing on ancient foundations. + </p> + <p> + So many plausible arguments could be urged on both sides of this + interesting question, that the people were extremely divided in their + sentiments; and though the noblemen of greatest power and influence seem + to have espoused the party of York, the opposite cause had the advantage + of being supported by the present laws, and by the immediate possession of + royal authority. There were also many great noblemen in the Lancastrian + party, who balanced the power of their antagonists, and kept the nation in + suspense between them. The earl of Northumberland adhered to the present + government: the earl of Westmoreland, in spite of his connections with the + duke of York, and with the family of Nevil, of which he was the head, was + brought over to the same party; and the whole north of England, the most + warlike part of the kingdom, was, by means of these two potent noblemen, + warmly engaged in the interests of Lancaster. Edmund Beaufort, duke of + Somerset, and his brother Henry, were great supports of that cause; as + were also Henry Holland duke of Exeter, Stafford, duke of Buckingham, the + earl of Shrewsbury, the Lords Clifford, Dudley, Scales, Audley, and other + noblemen. + </p> + <p> + While the kingdom was in this situation, it might naturally be expected + that so many turbulent barons, possessed of so much independent authority, + would immediately have flown to arms, and have decided the quarrel, after + their usual manner, by war and battle, under the standards of the + contending princes. But there still were many causes which retarded these + desperate extremities, and made a long train of faction, intrigue, and + cabal, precede the military operations. By the gradual progress of arts in + England, as well as in other parts of Europe, the people were now become + of some importance; laws were beginning to be respected by them; and it + was requisite, by various pretences, previously to reconcile their minds + to the overthrow of such an ancient establishment as that of the house of + Lancaster, ere their concurrence could reasonably be expected. The duke of + York himself, the new claimant, was of a moderate and cautious character, + an enemy to violence and disposed to trust rather to time and policy, than + to sanguinary measures, for the success of his pretensions. The very + imbecility itself of Henry tended to keep the factions in suspense, and + make them stand long in awe of each other: it rendered the Lancastrian + party unable to strike any violent blow against their enemies; it + encouraged the Yorkists to hope that, after banishing the king’s + ministers, and getting possession of his person, they might gradually + undermine his authority, and be able, without the perilous experiment of a + civil war, to change the succession by parliamentary and legal authority. + </p> + <p class="side"> + 1451. + </p> + <p> + The dispositions which appeared in a parliament assembled soon after the + arrival of the duke of York from Ireland, favored these expectations of + his partisans, and both discovered an unusual boldness in the commons, and + were a proof of the general discontents which prevailed against the + administration. The lower house, without any previous inquiry or + examination, without alleging any other ground of complaint than common + fame, ventured to present a petition against the duke of Somerset, the + duchess of Suffolk, the bishop of Chester, Sir John Sutton, Lord Dudley, + and several others of inferior rank; and they prayed the king to remove + them forever from his person and councils, and to prohibit them from + approaching within twelve miles of the court.[*] This was a violent + attack, somewhat arbitrary, and supported but by few precedents, against + the ministry; yet the king durst not openly oppose it: he replied that, + except the lords, he would banish all the others from court during a year, + unless he should have occasion for their service in suppressing any + rebellion. At the same time he rejected a bill, which had passed both + houses, for attainting the late duke of Suffolk, and which, in several of + its clauses, discovered a very general prejudice against the measures of + the court. + </p> + <p class="side"> + 1452. + </p> + <p> + The duke of York, trusting to these symptoms, raised an army of ten + thousand men, with which he marched towards London, demanding a + reformation of the government, and the removal of the duke of Somerset + from all power and authority.[**] He unexpectedly found the gates of the + city shut against him; and on his retreating into Kent, he was followed by + the king at the head of a superior army; in which several of Richard’s + friends, particularly Salisbury and Warwick appeared; probably with a view + of mediating between the parties, and of seconding, on occasion, the duke + of York’s pretensions. + </p> +<pre xml:space="preserve"> + * Parl. Hist. vol. ii. p. 263. + + ** Stowe, p. 394. +</pre> + <p> + A parley ensued; Richard still insisted upon the removal of Somerset, and + his submitting to a trial in parliament: the court pretended to comply + with his demand; and that nobleman was put in arrest: the duke of York was + then persuaded to pay his respects to the king in his tent; and, on + repeating his charge against the duke of Somerset, he was surprised to see + that minister step from behind the curtain, and offer to maintain his + innocence. Richard now found that he had been betrayed; that he was in the + hands of his enemies; and that it was become necessary, for his own + safety, to lower his pretensions. No violence, however, was attempted + against him: the nation was not in a disposition to bear the destruction + of so popular a prince: he had many friends in Henry’s camp; and his son, + who was not in the power of the court, might still be able to revenge his + death on all his enemies: he was therefore dismissed; and he retired to + his seat of Wigmore, on the borders of Wales.[*] + </p> + <p> + While the duke of York lived in this retreat, there happened an incident + which, by increasing the public discontents, proved favorable to his + pretensions. Several Gascon lords, affectionate to the English government, + and disgusted at the new dominion of the French, came to London, and + offered to return to their allegiance under Henry.[**] + </p> + <p class="side"> + 1453. + </p> + <p> + The earl of Shrewsbury, with a body of eight thousand men, was sent over + to support them. Bordeaux opened its gates to him: he made himself master + of Fronsac, Castillon, and some other places: affairs began to wear a + favorable aspect; but as Charles hastened to resist this dangerous + invasion, the fortunes of the English were soon reversed: Shrewsbury, a + venerable warrior, above fourscore years of age, fell in battle; his + conquests were lost; Bordeaux was again obliged to submit to the French + king;[***] and all hopes of recovering the province of Gascony were + forever extinguished. + </p> +<pre xml:space="preserve"> + * Grafton, p. 620. + + ** Holing. p. 640. + + *** Polyd. Virg. p. 501. Grafton, p. 623. +</pre> + <p> + Though the English might deem themselves happy to be fairly rid of distant + dominions, which were of no use to them, and which they never could defend + against the growing power of France, they expressed great discontent on + the occasion: and they threw all the blame on the ministry, who had not + been able to effect impossibilities. While they were in this disposition, + the queen’s delivery of a son, who received the name of Edward, was deemed + no joyful incident; and as it removed all hopes of the peaceable + succession of the duke of York, who was otherwise, in the right of his + father, and by the laws enacted since the accession of the house of + Lancaster, next heir to the crown, it had rather a tendency to inflame the + quarrel between the parties. But the duke was incapable of violent + counsels; and even when no visible obstacle lay between him and the + throne, he was prevented by his own scruples from mounting it. + </p> + <p class="side"> + 1454. + </p> + <p> + Henry, always unfit to exercise the government, fell at this time into a + distemper, which so far increased his natural imbecility, that it rendered + him incapable of maintaining even the appearance of royalty. The queen and + the council, destitute of this support, found themselves unable to resist + the York party; and they were obliged to yield to the torrent. They sent + Somerset to the Tower, and appointed Richard lieutenant of the kingdom, + with powers to open and hold a session of parliament.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. xi. p. 344. +</pre> + <p> + That assembly, also, taking into consideration the state of the kingdom, + created him protector during pleasure. Men who thus intrusted sovereign + authority to one that had such evident and strong pretensions to the + crown, were not surely averse to his taking immediate and full possession + of it; yet the duke, instead of pushing them to make further concessions, + appeared somewhat timid and irresolute even in receiving the power which + was tendered to him. He desired that it might be recorded in parliament, + that this authority was conferred on him from their own free motion, + without any application on his part: he expressed his hopes that they + would assist him in the exercise of it: he made it a condition of his + acceptance, that the other lords who were appointed to be of his council, + should also accept of the trust, and should exercise it; and he required, + that all the powers of his office should be specified and defined by act + of parliament. This moderation of Richard was certainly very unusual and + very amiable; yet was it attended with bad consequences in the present + juncture; and by giving time to the animosities of faction to rise and + ferment, it proved the source of all those furious wars and commotions + which ensued. + </p> + <p> + The enemies of the duke of York soon found it in their power to make + advantage of his excessive caution. Henry being so far recovered from his + distemper, as to carry the appearance of exercising the royal power, they + moved him to resume his authority, to annul the protectorship of the duke + to release Somerset from the Tower,[*] and to commit the administration + into the hands of that nobleman. + </p> + <p class="side"> + 1455. + </p> + <p> + Richard, sensible of the dangers which might attend his former acceptance + of the parliamentary commission, should he submit to the annulling of it, + levied an army; but still without advancing any pretensions to the crown. + He complained only of the king’s ministers, and demanded a reformation of + the government. A battle was fought at St. Albans, in which the Yorkists + were superior, and, without suffering any material loss, slew about five + thousand of their enemies; among whom were the duke of Somerset, the earl + of Northumberland, the earl of Stafford, eldest son of the duke of + Buckingham, Lord Clifford, and many other persons of distinction.[**] The + king himself fell into the hands of the duke of York, who treated him with + great respect and tenderness: he was only obliged (which he regarded as no + hardship) to commit the whole authority of the crown into the hands of his + rival. + </p> +<pre xml:space="preserve"> + * Rymer, vol. xi. p. 361. Holing, p. 642. Grafton, p. 626. + + ** Stowe, p. 309. Holing, p. 643. +</pre> + <p> + This was the first blood spilt in that fatal quarrel which was not + finished in less than a course of thirty years, which was signalized by + twelve pitched battles, which opened a scene of extraordinary fierceness + and cruelty, is computed to have cost the lives of eighty princes of the + blood, and almost entirely annihilated the ancient nobility of England. + The strong attachments, which, at that time, men of the same kindred bore + to each other, and the vindictive spirit, which was considered as a point + of honor, rendered the great families implacable in their resentments, and + every moment widened the breach between the parties. Yet affairs did not + immediately proceed to the last extremities; the nation was kept some time + in suspense; the vigor and spirit of Queen Margaret, supporting her small + power, still proved a balance to the great authority of Richard, which was + checked by his irresolute temper. A parliament, which was soon after + assembled, plainly discovered, by the contrariety of their proceedings, + the contrariety of the motives by which they were actuated. They granted + the Yorkists a general indemnity, and they restored the protectorship to + the duke, who, in accepting it, still persevered in all his former + precautions; but at the same time they renewed their oaths of fealty to + Henry, and fixed the continuance of the protectorship to the majority of + his son Edward, who was vested with the usual dignities of prince of + Wales, duke of Cornwall, and earl of Chester. The only decisive act passed + in this parliament, was a full resumption of all the grants which had been + made since the death of Henry V., and which had reduced the crown to great + poverty. + </p> + <p class="side"> + 1456. + </p> + <p> + It was not found difficult to wrest power from hands so little tenacious + as those of the duke of York. Margaret, availing herself of that prince’s + absence, produced her husband before the house of lords; and as his state + of health permitted him at that time to act his part with some tolerable + decency, he declared his intentions of resuming the government, and of + putting an end to Richard’s authority. This measure, being unexpected, was + not opposed by the contrary party; the house of lords, who were many of + them disgusted with the late act of resumption, assented to Henry’s + proposal; and the king was declared to be reinstated in sovereign + authority. Even the duke of York acquiesced in this irregular act of the + peers, and no disturbance ensued. But that prince’s claim to the crown was + too well known, and the steps which he had taken to promote it were too + evident ever to allow sincere trust and confidence to have place between + the parties. + </p> + <p class="side"> + 1457. + </p> + <p> + The court retired to Coventry, and invited the duke of York and the earls + of Salisbury and Warwick to attend the king’s person. When they were on + the road, they received intelligence that designs were formed against + their liberties and lives. They immediately separated themselves; Richard + withdrew to his castle of Wigmore; Salisbury to Middleham, in Yorkshire, + and Warwick to his government of Calais, which had been committed to him + after the battle of St. Albans, and which, as it gave him the command of + the only regular military force maintained by England, was of the utmost + importance in the present juncture. Still, men of peaceable dispositions, + and among the rest Bourchier, archbishop of Canterbury, thought it not too + late to interpose with their good offices, in order to prevent that + effusion of blood, with which the kingdom was threatened; and the awe in + which each party stood of the other, rendered the mediation for some time + successful. It was agreed that all the great leaders on both sides should + meet in London, and be solemnly reconciled. + </p> + <p class="side"> + 1458. + </p> + <p> + The duke of York and his partisans came thither with numerous retinues, + and took up their quarters near each other for mutual security. The + leaders of the Lancastrian party used the same precaution. The mayor, at + the head of five thousand men, kept a strict watch, night and day; and was + extremely vigilant in maintaining peace between them.[*] + </p> +<pre xml:space="preserve"> + * Fabian Chron. anno 1458. The author says that some lords + brought nine hundred retainers, some six hundred, none less + than four hundred. See also Grafton, p. 633. +</pre> + <p> + Terms were adjusted, which removed not the ground of difference. An + outward reconciliation only was procured; and in order to notify this + accord to the whole people, a solemn procession to St. Paul’s was + appointed, where the duke of York led Queen Margaret, and a leader of one + party marched hand in hand with a leader of the opposite. The less real + cordiality prevailed, the more were the exterior demonstrations of amity + redoubled. But it was evident, that a contest for a crown could not thus + be peaceably accommodated; that each party watched only for an opportunity + of subverting the other; and that much blood must yet be spilt, ere the + nation could be restored to perfect tranquillity, or enjoy a settled and + established government. + </p> + <p class="side"> + 1459. + </p> + <p> + Even the smallest accident, without any formed design, was sufficient, in + the present disposition of men’s minds, to dissolve the seeming harmony + between the parties; and had the intentions of the leaders been ever so + amicable they would have found it difficult to restrain the animosity of + their followers. One of the king’s retinue insulted one of the earl of + Warwick’s: their companions on both sides took part in the quarrel: a + fierce combat ensued: the earl apprehended his life to be aimed at: he + fled to his government of Calais; and both parties, in every county of + England, openly made preparations for deciding the contest by war and + arms. + </p> + <p> + The earl of Salisbury, marching to join the duke of York, was overtaken at + Blore Heath, on the borders of Staffordshire, by Lord Audley, who + commanded much superior forces; and a small rivulet with steep banks ran + between the armies. Salisbury here supplied his defect in numbers by + stratagem, a refinement of which there occur few instances in the English + civil wars, where a headlong courage, more than military conduct, is + commonly to be remarked. He feigned a retreat, and allured Audley to + follow him with precipitation; but when the van of the royal army had + passed the brook, Salisbury suddenly turned upon them; and partly by the + surprise, partly by the division, of the enemies’ forces, put this body to + rout: the example of flight was followed by the rest of the army: and + Salisbury, obtaining a complete victory, reached the general rendezvous of + the Yorkists at Ludlow.[*] + </p> + <p> + The earl of Warwick brought over to this rendezvous a choice body of + veterans from Calais, on whom, it was thought the fortune of the war would + much depend; but this reënforcement occasioned, in the issue, the + immediate ruin of the duke of York’s party. When the royal army + approached, and a general action was every hour expected, Sir Andrew + Trollop, who commanded the veterans, deserted to the king in the + night-time; and the Yorkists were so dismayed at this instance of + treachery, which made every man suspicious of his fellow, that they + separated next day without striking a stroke:[**] the duke fled to + Ireland: the earl of Warwick, attended by many of the other leaders, + escaped to Calais; where his great popularity among all orders of men, + particularly among the military, soon drew to him partisans, and rendered + his power very formidable. The friends of the house of York in England + kept themselves every where in readiness to rise on the first summons from + their leaders. + </p> + <p> + <a name="linkimage-0014" id="linkimage-0014"> + <!-- IMG --></a> <a href="images/1_283_albans_abbey.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_283_albans_abbey_th.jpg" style="width:100%;" title="St. Albans Abbey" alt="1_283_albans_abbey.jpg St. Albans Abbey " /><br /> + </div> + <p class="side"> + 1460. + </p> + <p> + After meeting with some successes at sea, Warwick landed in Kent, with the + earl of Salisbury, and the earl of Marche, eldest son of the duke of York; + and being met by the primate, by Lord Cobham, and other persons of + distinction, he marched, amidst the acclamations of the people, to London. + The city immediately opened its gates to him; and his troops increasing on + every day’s march, he soon found himself in a condition to face the royal + army, which hastened from Coventry to attack him. The battle was fought at + Northampton; and was soon decided against the royalists by the infidelity + of Lord Grey of Ruthin, who, commanding Henry’s van, deserted to the enemy + during the heat of action, and spread a consternation through the troops. + The duke of Buckingham, the earl of Shrewsbury, the Lords Beaumont and + Egremont, and Sir William Lucie were killed in the action or pursuit: the + slaughter fell chiefly on the gentry and nobility; the common people were + spared by orders of the earls of Warwick and Marche.[***] + </p> +<pre xml:space="preserve"> + * Holingshed, p. 649. Grafton, p. 936. + + ** Holingshed, p. 650. Grafton, p. 537 + + *** Stowe, p. 409. +</pre> + <p> + Henry himself, that empty shadow of a king, was again taken prisoner; and + as the innocence and simplicity of his manners, which bore the appearance + of sanctity, had procured him the tender regard of the people,[*] the earl + of Warwick and the other leaders took care to distinguish themselves by + their respectful demeanor towards him. + </p> + <p> + A parliament was summoned in the king’s name, and met at Westminster; + where the duke soon after appeared from Ireland. This prince had never + hitherto advanced openly any claim to the crown: he had only complained of + ill ministers, and demanded a redress of grievances; and even in the + present crisis, when the parliament was surrounded by his victorious army, + he showed such a regard to law and liberty, as is unusual during the + prevalence of a party in any civil dissensions; and was still less to be + expected in those violent and licentious times. He advanced towards the + throne; and being met by the archbishop of Canterbury, who asked him, + whether he had yet paid his respects to the king, he replied, that he knew + of none to whom he owed that title. He then stood near the throne,[**] and + addressing himself to the house of peers, he gave them a deduction of his + title by descent, mentioned the cruelties by which the house of Lancaster + had paved their way to sovereign power, insisted on the calamities which + had attended the government of Henry, exhorted them to return into the + right path, by doing justice to the lineal successor, and thus pleaded his + cause before them as his natural and legal judges.[***] This cool and + moderate manner of demanding a crown intimidated his friends and + encouraged his enemies: the lords remained in suspense;[****] and no one + ventured to utter a word on the occasion. + </p> +<pre xml:space="preserve"> + * Hall, fol. 169. Grafton, p. 195. + + ** Holingshed, p. 650 + + *** Cotton, p. 665. Grafton, p. 643. + + **** Holingshed, p. 657. Grafton, p. 645. +</pre> + <p> + Richard, who had probably expected that the peers would have invited him + to place himself on the throne, was much disappointed at their silence; + but desiring them to reflect on what he had proposed to them, he departed + the house. The peers took the matter into consideration, with as much + tranquillity as if it had been a common subject of debate: they desired + the assistance of some considerable members among the commons in their + deliberations: they heard in several successive days, the reasons alleged + for the duke of York: they even ventured to propose objections to his + claim founded on former entails of the crown, and on the oaths of fealty + sworn to the house of Lancaster:[*] they also observed that as Richard had + all along borne the arms of York, not those of Clarence, he could not + claim as successor to the latter family: and after receiving answers to + these objections, derived from the violence and power by which the house + of Lancaster supported their present possession of the crown, they + proceeded to give a decision. Their sentence was calculated, as far as + possible, to please both parties: they declared the title of the duke of + York to be certain and indefeasible; but in consideration that Henry had + enjoyed the crown, without dispute or controversy, during the course of + thirty-eight years, they determined that he should continue to possess the + title and dignity during the remainder of his life; that the + administration of the government, meanwhile, should remain with Richard; + that he should be acknowledged the true and lawful heir of the monarchy; + that every one should swear to maintain his succession, and it should be + treason to attempt his life; and that all former settlements of the crown, + in this and the two last reigns, should be abrogated and rescinded.[**] + The duke acquiesced in this decision: Henry himself, being a prisoner, + could not oppose it: even if he had enjoyed his liberty, he would not + probably have felt any violent reluctance against it: and the act thus + passed with the unanimous consent of the whole legislative body. Though + the mildness of this compromise is chiefly to be ascribed to the + moderation of the duke of York, it is impossible not to observe in those + transactions visible marks of a higher regard to law, and of a more fixed + authority enjoyed by parliament, than has appeared in any former period of + English history. + </p> +<pre xml:space="preserve"> + * Cotton, p. 666. + + ** Cotton, p. 666. Grafton, p. 647. +</pre> + <p> + It is probable that the duke, without employing either menaces or + violence, could have obtained from the commons a settlement more + consistent and uniform: but as many, if not all the members of the upper + house, had received grants, concession, or dignities, during the last + sixty years, when the house of Lancaster was possessed of the government, + they were afraid of invalidating their own titles by too sudden and + violent an overthrow of that family; and in thus temporizing between the + parties, they fixed the throne on a basis upon which it could not possibly + stand. The duke, apprehending his chief danger to arise from the genius + and spirit of Queen Margaret sought a pretence for banishing her the + kingdom: he sent her, in the king’s name, a summons to come immediately to + London; intending, in case of her disobedience, to proceed to extremities + against her. But the queen needed not this menace to excite her activity + in defending the rights of her family. After the defeat at Northampton, + she had fled with her infant son to Durham, thence to Scotland; but soon + returning, she applied to the northern barons, and employed every motive + to procure their assistance. Her affability, insinuation, and address,—qualities + in which she excelled,—her caresses, her promises, wrought a + powerful effect on every one who approached her: the admiration of her + great qualities was succeeded by compassion towards her helpless + condition: the nobility of that quarter, who regarded themselves as the + most warlike in the kingdom, were moved by indignation to find the + southern barons pretend to dispose of the crown and settle the government. + And that they might allure the people to their standard, they promised + them the spoils of all the provinces on the other side of the Trent. By + these means, the queen had collected an army twenty thousand strong, with + a celerity which was neither expected by her friends nor apprehended by + her enemies. + </p> + <p> + The duke of York, informed of her appearance in the north, hastened + thither with a body of five thousand men, to suppress, as he imagined, the + beginnings of an insurrection; when, on his arrival at Wakefield, he found + himself so much outnumbered by the enemy. He threw himself into Sandal + Castle, which was situated in the neighborhood; and he was advised by the + earl of Salisbury, and other prudent counsellors, to remain in that + fortress till his son, the earl of Marche, who was levying forces in the + borders of Wales, could advance to his assistance.[*] But the duke, though + deficient in political courage, possessed personal bravery in an eminent + degree; and notwithstanding his wisdom and experience, he thought that he + should be forever disgraced, if, by taking shelter behind walls, he should + for a moment resign the victory to a woman. + </p> +<pre xml:space="preserve"> + * Stowe, p. 412. +</pre> + <p> + He descended into the plain, and offered battle to the enemy, which was + instantly accepted. The great inequality of numbers was sufficient alone + to decide the victory; but the queen, by sending a detachment, who fell on + the back of the duke’s army, rendered her advantage still more certain and + undisputed. The duke himself was killed in the action; and as his body was + found among the slain, the head was cut off by Margaret’s orders, and + fixed on the gates of York, with a paper crown upon it, in derision of his + pretended title. His son, the earl of Rutland, a youth of seventeen, was + brought to Lord Clifford; and that barbarian, in revenge of his father’s + death, who had perished in the battle of St. Albans, murdered in cool + blood, and with his own hands, this innocent prince, whose exterior + figure, as well as other accomplishments, are represented by historians as + extremely amiable. The earl of Salisbury was wounded and taken prisoner, + and immediately beheaded, with several other persons of distinction, by + martial law at Pomfret.[*] There fell near three thousand Yorkists in this + battle: the duke himself was greatly and justly lamented by his own party; + a prince who merited a better fate, and whose errors in conduct proceeded + entirely from such qualities as render him the more an object of esteem + and affection. He perished in the fiftieth year of his age, and left three + sons, Edward, George, and Richard, with three daughters, Anne, Elizabeth, + and Margaret. + </p> + <p class="side"> + 1461. + </p> + <p> + The queen, after this important victory, divided her army. She sent the + smaller division, under Jasper Tudor, earl of Pembroke, half brother to + the king, against Edward the new duke of York. She herself marched with + the larger division towards London, where the earl of Warwick had been + left with the command of the Yorkists. Pembroke was defeated by Edward at + Mortimer’s Cross, in Herefordshire, with the loss of near four thousand + men: his army was dispersed; he himself escaped by flight; but his father, + Sir Owen Tudor, was taken prisoner, and immediately beheaded by Edward’s + orders. This barbarous practice, being once begun, was continued by both + parties, from a spirit of revenge, which covered itself under the pretence + of retaliation.[**] + </p> +<pre xml:space="preserve"> + * Poivd. Virg. p 510. + + ** Holingshed, p. 660. Grafton, p. 650. +</pre> + <p> + Margaret compensated this defeat by a victory which she obtained over the + earl of Warwick. That nobleman on the approach of the Lancastrians, led + out his army, reënforced by a strong body of the Londoners, who were + affectionate to his cause; and he gave battle to the queen at St. Albans. + While the armies were warmly engaged, Lovelace, who commanded a + considerable body of the Yorkists, withdrew from the combat; and this + treacherous conduct, of which there are many instances in those civil + wars, decided the victory in favor of the queen. About two thousand three + hundred of the vanquished perished in the battle and pursuit; and the + person of the king fell again into the hands of his own party. This weak + prince was sure to be almost equally a prisoner whichever faction had the + keeping of him; and scarce any more decorum was observed by one than by + the other, in their method of treating him. Lord Bonville, to whose care + he had been intrusted by the Yorkists, remained with him after the defeat, + on assurances of pardon given him by Henry: but Margaret, regardless of + her husband’s promise, immediately ordered the head of that nobleman to be + struck off by the executioner.[*] Sir Thomas Kiriel, a brave warrior, who + had signalized himself in the French wars, was treated in the same manner. + </p> + <p> + The queen made no great advantage of this victory: young Edward advanced + upon her from the other side; and collecting the remains of Warwick’s + army, was soon in a condition of giving her battle with superior forces. + She was sensible of her danger, while she lay between the enemy and the + city of London; and she found it necessary to retreat with her army to the + north.[**] + </p> +<pre xml:space="preserve"> + * Holingshed, p. 660. + + ** Grafton, p. 652. +</pre> + <p> + Edward entered the capital amidst the acclamations of the citizens, and + immediately opened a new scene to his party. This prince, in the bloom of + youth, remarkable for the beauty of this person, for his bravery, his + activity, his affability, and every popular quality, found himself so much + possessed of public favor, that, elated with the spirit natural to his + age, he resolved no longer to confine himself within those narrow limits + which his father had prescribed to himself, and which had been found by + experience so prejudicial to his cause. He determined to assume the name + and dignity of king; to insist openly on his claim; and thenceforth to + treat the opposite party as traitors and rebels to his lawful authority. + But as a national consent, or the appearance of it, still seemed, + notwithstanding his plausible title, requisite to precede this bold + measure, and as the assembling of a parliament might occasion too many + delays, and be attended with other inconveniences, he ventured to proceed + in a less regular manner, and to put it out of the power of his enemies to + throw obstacles in the way of his elevation. His army was ordered to + assemble in St. John’s Fields; great numbers of people surrounded them; an + harangue was pronounced to this mixed multitude, setting forth the title + of Edward, and inveighing against the tyranny and usurpation of the rival + family; and the people were then asked whether they would have Henry of + Lancaster for king. They unanimously exclaimed against the proposal. It + was then demanded whether they would accept of Edward, eldest son of the + late duke of York. They expressed their assent by loud and joyful + acclamations.[*] A great number of bishops, lords, magistrates, and other + persons of distinction were next assembled at Baynard’s Castle, who + ratified the popular election; and the new king was on the subsequent day + proclaimed in London, by the title of Edward IV.[**] + </p> + <p> + In this manner ended the reign of Henry VI., a monarch, who, while in his + cradle, had been proclaimed king both of France and England, and who began + his life with the most splendid prospects that any prince in Europe had + ever enjoyed. The revolution was unhappy for his people, as it was the + source of civil wars; but was almost entirely indifferent to Henry + himself, who was utterly incapable of exercising his authority, and who, + provided he personally met with good usage, was equally easy, as he was + equally enslaved, in the hands of his enemies and of his friends. His + weakness and his disputed title were the chief causes of the public + calamities: but whether his queen and his ministers were not also guilty + of some great abuses of power, it is not easy for us at this distance of + time to determine: there remain no proofs on record of any considerable + violation of the laws, except in the assassination of the duke of + Glocester, which was a private crime, formed no precedent, and was but too + much of a piece with the usual ferocity and cruelty of the times. + </p> + <p> + The most remarkable law which passed in this reign, was that for the due + election of members of parliament in counties. After the fall of the + feudal system, the distinction of tenures was in some measure lost; and + every freeholder, as well those who held of mesne lords, as the immediate + tenants of the crown, were by degrees admitted to give their votes at + elections. This innovation (for such it may probably be esteemed) was + indirectly confirmed by a law of Henry IV.[***] which gave right to such a + multitude of electors, as was the occasion of great disorder. + </p> +<pre xml:space="preserve"> + * Stowe, p. 415. Holingshed, p. 661. + + ** Grafton, p. 653. + + *** Statutes at large, 7 Henry IV. ca. 15. +</pre> + <p> + In the eighth and tenth of this king, therefore, laws were enacted, + limiting the electors to such as possessed forty shillings a year in land, + free from all burdens within the county.[*] This sum was equivalent to + near twenty pounds a year of our present money, and it were to be wished, + that the spirit, as well as letter, of this law had been maintained. + </p> + <p> + The preamble of the statute is remarkable: “Whereas the elections of + knights have of late, in many counties of England, been made by outrageous + and excessive numbers of people, many of them of small substance and + value, yet pretending to a right equal to the best knights and esquires; + whereby manslaughters, riots, batteries, and divisions among the gentlemen + and other people of the same counties, shall very likely rise and be, + unless due remedy be provided in this behalf, etc.” We may learn from + these expressions, what an important matter the election of a member of + parliament was now become in England: that assembly was beginning in this + period to assume great authority: the commons had it much in their power + to enforce the execution of the laws; and if they failed of success in + this particular, it proceeded less from any exorbitant power of the crown, + than from the licentious spirit of the aristocracy, and perhaps from the + rude education of the age, and their own ignorance of the advantages + resulting from a regular administration of justice. + </p> + <p> + When the duke of York, the earls of Salisbury and Warwick, fled the + kingdom upon the desertion of their troops, a parliament was summoned at + Coventry in 1460, by which they were all attainted. This parliament seems + to have been very irregularly constituted, and scarcely deserves the name; + insomuch, that an act passed in it, “that all such knights of any county, + as were returned by virtue of the king’s letters, without any other + election, should be valid; and that no sheriff should, for returning them, + incur the penalty of the statute of Henry IV.”[**] All the acts of that + parliament were afterwards reversed; “because it was unlawfully summoned, + and the knights and barons not duly chosen.”[***] + </p> +<pre xml:space="preserve"> + * Statutes at large, 8 Henry VI. cap. 7. 10 Henry VI. cap. + 2. + + ** Cotton, p. 664. + + *** Statutes at large, 39 Henry VI. cap. 1 +</pre> + <p> + The parliaments in this reign, instead of relaxing their vigilance against + the usurpations of the court of Rome, endeavored to enforce the former + statutes enacted for that purpose. The commons petitioned, that no + foreigner should be capable of any church preferment, and that the patron + might be allowed to present anew upon the non-residence of any + incumbent:[*] but the king eluded these petitions. Pope Martin wrote him a + severe letter against the statute of provisors; which he calls an + abominable law, that would infallibly damn every one who observed it.[**] + The cardinal of Winchester was legate; and as he was also a kind of prime + minister, and immensely rich from the profits of his clerical dignities, + the parliament became jealous lest he should extend the papal power; and + they protested, that the cardinal should absent himself in all affairs and + councils of the king, whenever the pope or see of Rome was touched + upon.[***] + </p> + <p> + Permission was given by parliament to export corn when it was at low + prices; wheat at six shillings and eightpence a quarter, money of that + age; barley at three shillings and fourpence.[****] It appears from these + prices, that corn still remained at near half its present value; though + other commodities were much cheaper. The inland commerce of corn was also + opened in the eighteenth of the king, by allowing any collector of the + customs to grant a license of carrying it from one county to + another.[*****] The same year a kind of navigation act was proposed with + regard to all places within the Straits; but the king rejected it.[******] + </p> + <p> + The first instance of debt contracted upon parliamentary security occurs + in this reign.[*******] The commencement of this pernicious practice + deserves to be noted; a practice the more likely to become pernicious, the + more a nation advances in opulence and credit. The ruinous effects of it + are now become apparent, and threaten the very existence of the nation. + </p> +<pre xml:space="preserve"> + * Cotton, p. 585. + + ** Burnet’s Collection of Records, vol. i. p. 99. + + *** Cotton, p. 593. + + **** Statutes at large, 15 Henry VI. cap. 2. 23 Henry VI. cap. + 6. + + ****** Cotton, p. 626. + + ******* Cotton, p. 593, 614, 638. +</pre> + <p> + <a name="link2HCH0010" id="link2HCH0010"> + <!-- H2 anchor --> </a> <a name="linkedward4" id="linkedward4"></a><br /> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XXII. + </h2> + <p> + <a name="linkimage-0015" id="linkimage-0015"> + <!-- IMG --></a> <a href="images/1_286_edward4.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_286_edward4_th.jpg" style="width:100%;" title="Edward IV." alt="1_286_edward4.jpg Edward IV. " /><br /> + </div> + <h2> + EDWARD IV. + </h2> + <p class="side"> + 1461. + </p> + <p> + Young Edward, now in his twentieth year, was of a temper well fitted to + make his way through such a scene of war, havoc, and devastation, as must + conduct him to the full possession of that crown, which he claimed from + hereditary right, but which he had assumed from the tumultuary election + alone of his own party. He was bold, active, enterprising; and his + hardness of heart and severity of character rendered him impregnable to + all those movements of compassion which might relax his vigor in the + prosecution of the most bloody revenges upon his enemies. The very + commencement of his reign gave symptoms of his sanguinary disposition. A + tradesman of London, who kept shop at the sign of the Crown, having said + that he would make his son heir to the crown; this harmless pleasantry was + interpreted to be spoken in derision of Edward’s assumed title; and he was + condemned and executed for the offence.[*] Such an act of tyranny was a + proper prelude to the events which ensued. The scaffold, as well as the + field, incessantly streamed with the noblest blood of England, spilt in + the quarrel between the two contending families, whose animosity was now + become implacable. The people, divided in their affections, took different + symbols of party: the partisans of the house of Lancaster chose the red + rose as their mark of distinction;[**] those of York were denominated from + the white; and these civil wars were thus known over Europe by the name of + the quarrel between the two roses. + </p> +<pre xml:space="preserve"> + * Habington in Kennet, p. 431. + + ** Grafton, p. 791. +</pre> + <p> + The license in which Queen Margaret had been obliged to indulge her + troops, infused great terror and aversion into the city of London, and all + the southern parts of the kingdom; and as she there expected an obstinate + resistance, she had prudently retired northwards among her own partisans. + The same license, joined to the zeal of faction, soon brought great + multitudes to her standard; and she was able, in a few days, to assemble + an army sixty thousand strong in Yorkshire. The king and the earl of + Warwick hastened, with an army of forty thousand men, to check her + progress; and when they reached Pomfret, they despatched a body of troops, + under the command of Lord Fitzwalter, to secure the passage of Ferrybridge + over the River Are, which lay between them and the enemy. Fitzwalter took + possession of the post assigned him; but was not able to maintain it + against Lord Clifford, who attacked him with superior numbers. The + Yorkists were chased back with great slaughter; and Lord Fitzwalter + himself was slain in the action.[*] The earl of Warwick, dreading the + consequences of this disaster, at a time when a decisive action was every + hour expected, immediately ordered his horse to be brought him, which he + stabbed before the whole army; and kissing the hilt of his sword, swore + that he was determined to share the fate of the meanest soldier.[**] And + to show the greater security, a proclamation was at the same time issued, + giving to every one full liberty to retire, but menacing the severest + punishment to those who should discover any symptoms of cowardice in the + ensuing battle.[***] Lord Falconberg was sent to recover the post which + had been lost: he passed the river some miles above Ferrybridge, and + falling unexpectedly on Lord Clifford, revenged the former disaster by the + defeat of the party and the death of their leader.[****] + </p> +<pre xml:space="preserve"> + * W. Wyrcester, p. 489. Hall, fol. 186. Holingshed, p. 664. + + ** Habington, p. 432. + + *** Holingshed, p. 664. + + **** Hist. Croyl. Contin. p. 532. +</pre> + <p> + The hostile armies met at Touton; and a fierce and bloody battle ensued. + While the Yorkists were advancing to the charge, there happened a great + fall of snow, which, driving full in the faces of their enemies, blinded + them; and this advantage was improved by a stratagem of Lord Falconberg’s. + That nobleman ordered some infantry to advance before the line, and, after + having sent a volley of flight-arrows, as they were called, amidst the + enemy, immediately to retire. The Lancastrians, imagining that they were + gotten within reach of the opposite army, discharged all their arrows, + which thus fell short of the Yorkists.[*] After the quivers of the enemy + were emptied, Edward advanced his line, and did execution with impunity on + the dismayed Lancastrians: the bow, however, was soon laid aside, and the + sword decided the combat, which ended in a total victory on the side of + the Yorkists. Edward issued orders to give no quarter.[**] The routed army + was pursued to Tadcaster with great bloodshed and confusion; and above + thirty-six thousand men are computed to have fallen in the battle and + pursuit:[***] among these were the earl of Westmoreland, and his brother + Sir John Nevil, the earl of Northumberland, the Lords Dacres and Welles, + and Sir Andrew Trollop.[****] The earl of Devonshire, who was now engaged + in Henry’s party, was brought a prisoner to Edward; and was soon after + beheaded by martial law at York. His head was fixed on a pole erected over + a gate of that city; and the head of Duke Richard and that of the earl of + Salisbury were taken down, and buried with their bodies. Henry and + Margaret had remained at York during the action, but learning the defeat + of their army, and being sensible that no place in England could now + afford them shelter, they fled with great precipitation into Scotland. + They were accompanied by the duke of Exeter, who, though he had married + Edward’s sister, had taken part with the Lancastrians; and by Henry, duke + of Somerset, who had commanded in the unfortunate battle of Touton, and + who was the son of that nobleman killed in the first battle of St. Albans. + </p> +<pre xml:space="preserve"> + * Hall, fol. 186. + + ** Habington, p. 432. + + *** Holingshed, p. 665. Grafton, p. 656. Hist. Croyl. Cont. + p. 533. + + **** Hall, fol. 187. Habington, p. 433. +</pre> + <p> + Notwithstanding the great animosity which prevailed between the kingdoms, + Scotland had never exerted itself with vigor, to take advantage either of + the wars which England carried on with France, or of the civil commotions + which arose between the contending families. James I., more laudably + employed in civilizing his subjects, and taming them to the salutary yoke + of law and justice, avoided all hostilities with foreign nations; and + though he seemed interested to maintain a balance between France and + England, he gave no further assistance to the former kingdom in its + greatest distresses, than permitting, and perhaps encouraging, his + subjects to enlist in the French service. After the murder of that + excellent prince, the minority of his son and successor, James II., and + the distractions incident to it, retained the Scots in the same state of + neutrality; and the superiority visibly acquired by France, rendered it + then unnecessary for her ally to interpose in her defence. But when the + quarrel commenced between the houses of York and Lancaster, and became + absolutely incurable but by the total extinction of one party, James, who + had now risen to man’s estate, was tempted to seize the opportunity, and + he endeavored to recover those places which the English had formerly + conquered from his ancestors. He laid siege to the Castle of Roxburgh in + 1460, and had provided himself with a small train of artillery for that + enterprise: but his cannon were so ill framed, that one of them burst as + he was firing it, and put an end to his life in the flower of his age. His + son and successor, James III., was also a minor on his accession: the + usual distractions ensued in the government: the queen dowager, Anne of + Gueldres, aspired to the regency: the family of Douglas opposed her + pretensions: and Queen Margaret, when she fled into Scotland, found there + a people little less divided by faction, than those by whom she had been + expelled. Though she pleaded the connections between the royal family of + Scotland and the house of Lancaster, by the young king’s grandmother, a + daughter of the earl of Somerset, she could engage the Scottish council to + go no further than to express their good wishes in her favor; but on her + offer to deliver to them immediately the important fortress of Berwick, + and to contract her son in marriage with a sister of King James, she found + a better reception; and the Scots promised the assistance of their arms to + reinstate her family upon the throne.[*] But as the danger from that + quarter seemed not very urgent to Edward, he did not pursue the fugitive + king and queen into their retreat; but returned to London, where a + parliament was summoned for settling the government. + </p> + <p> + On the meeting of this assembly, Edward found the good effects of his + vigorous measure in assuming the crown, as well as of his victory at + Touton, by which he had secured it;[**] the parliament no longer hesitated + between the two families or proposed any of those ambiguous decisions + which could only serve to perpetuate and inflame the animosities of party. + </p> +<pre xml:space="preserve"> + * Hall, fol. 137. + + ** Habington, p. 434. +</pre> + <p> + They recognized the title of Edward, by hereditary descent, through the + family of Mortimer; and declared that he was king by right, from the death + of his father, who had also the same lawful title; and that he was in + possession of the crown from the day that he assumed the government, + tendered to him by the acclamations of the people.[*] They expressed their + abhorrence of the usurpation and intrusion of the house of Lancaster, + particularly that of the earl of Derby, otherwise called Henry IV.; which, + they said, had been attended with every kind of disorder, the murder of + the sovereign, and the oppression of the subject. They annulled every + grant which had passed in those reigns; they reinstated the king in all + the possessions which had belonged to the crown at the pretended + deposition of Richard II.; and though they confirmed judicial deeds and + the decrees of inferior courts, they reversed all attainders passed in any + pretended parliament; particularly the attainder of the earl of Cambridge, + the king’s grandfather; as well as that of the earls of Salisbury and + Glocester, and of Lord Lumley, who had been forfeited for adhering to + Richard II.[**] + </p> + <p> + Many of these votes were the result of the usual violence of party: the + common sense of mankind, in more peaceable times, repealed them: and the + statutes of the house of Lancaster, being the deeds of an established + government, and enacted by princes long possessed of authority, have + always been held as valid and obligatory. The parliament, however, in + subverting such deep foundations, had still the pretence of replacing the + government on its ancient and natural basis: but in their subsequent + measures, they were more guided by revenge, at least by the views of + convenience, than by the maxims of equity and justice. They passed an act + of forfeiture and attainder against Henry VI. and Queen Margaret and their + infant son Prince Edward: the same act was extended to the dukes of + Somerset and Exeter; to the earls of Northumberland, Devonshire, Pembroke, + Wilts; to the Viscount Beaumont; the Lords Roos, Nevil, Clifford, Welles, + Dacre, Gray of Rugemont, Hungerford; to Alexander Hedie, Nicholas Latimer, + Edmond Mountfort, John Heron, and many other persons of distinction.[***] + </p> +<pre xml:space="preserve"> + * Cotton, p. 670. + + ** Cotton, p. 672. Statutes at large, 1 Edward IV cap. i. + + *** Cotton, p. 670. W. Wyrcester, p. 490. +</pre> + <p> + The parliament vested the estates of all these attainted persons in the + crown, though their sole crime was the adhering to a prince whom every + individual of the parliament had long recognized, and whom that very king + himself, who was now seated on the throne, had acknowledged and obeyed as + his lawful sovereign. + </p> + <p> + The necessity of supporting the government established will more fully + justify some other acts of violence, though the method of conducting them + may still appear exceptionable. John, earl of Oxford, and his son Aubrey + de Vere were detected in a correspondence with Margaret, were tried by + martial law before the constable, were condemned and executed.[*] Sir + William Tyrrel, Sir Thomas Tudenham, and John Montgomery were convicted in + the same arbitrary court; were executed, and their estates forfeited. This + introduction of martial law into civil government was a high strain of + prerogative; which, were it not for the violence of the times, would + probably have appeared exceptionable to a nation so jealous of their + liberties as the English were now become.[**] <a href="#linknote-18" + name="linknoteref-18" id="linknoteref-18">18</a> It was impossible but + such a great and sudden revolution must leave the roots of discontent and + dissatisfaction in the subject, which would require great art, or, in lieu + of it, great violence, to extirpate them. The latter was more suitable to + the genius of the nation in that uncultivated age. + </p> + <p> + But the new establishment still seemed precarious and uncertain; not only + from the domestic discontents of the people, but from the efforts of + foreign powers. Lewis, the eleventh of the name, had succeeded to his + father, Charles, in 1460; and was led, from the obvious motives of + national interest, to feed the flames of civil discord among such + dangerous neighbors, by giving support to the weaker party. But the + intriguing and politic genius of this prince was here checked by itself: + having attempted to subdue the independent spirit of his own vassals, he + had excited such an opposition at home, as prevented him from making all + the advantage, which the opportunity afforded, of the dissensions among + the English. + </p> + <p class="side"> + 1462. + </p> + <p> + He sent, however, a small body to Henry’s assistance under Varenne, + seneschal of Normandy;[***] who landed in Northumberland, and got + possession of the Castle of Alnwick; but as the indefatigable Margaret + went in person to France, where she solicited larger supplies and promised + Lewis to deliver up Calais, if her family should by his means be restored + to the throne of England; he was induced to send along with her a body of + two thousand men at arms, which enabled her to take the field, and to make + an inroad into England. + </p> +<pre xml:space="preserve"> + * W. Wyrcester, p. 492. Hall, fol. 189 Grafton, p. 658. + Fabian fol. 215. Fragm. ad finem T. Sproti. + + ** See note R, at the end of the volume. + + **** Monstrelet, vol. iii. p 95. +</pre> + <p class="side"> + 1464. + </p> + <p> + Though reënforced by a numerous train of adventurers from Scotland, and by + many partisans of the family of Lancaster she received a check at + Hedgley-more from Lord Montacute, or Montague, brother to the earl of + Warwick, and warden of the east marches between Scotland and England. + Montague was so encouraged with this success, that, while a numerous + reënforcement was on their march to join him by orders from Edward, he yet + ventured, with his own troops alone, to attack the Lancastrians at Hexham; + and he obtained a complete victory over them. The duke of Somerset, the + Lords Roos and Hungerford, were taken in the pursuit, and immediately + beheaded by martial law at Hexham. Summary justice was in like manner + executed at Newcastle on Sir Humphrey Nevil, and several other gentlemen. + All those who were spared in the field, suffered on the scaffold; and the + utter extermination of their adversaries was now become the plain object + of the York party; a conduct which received but too plausible an apology + from the preceding practice of the Lancastrians. + </p> + <p> + The fate of the unfortunate royal family, after this defeat, was singular. + Margaret, flying with her son into a forest, where she endeavored to + conceal herself, was beset, during the darkness of the night, by robbers, + who, either ignorant or regardless of her quality, despoiled her of her + rings and jewels, and treated her with the utmost indignity. The partition + of this rich booty raised a quarrel among them; and while their attention + was thus engaged, she took the opportunity of making her escape with her + son into the thickest of the forest where she wandered for some time, + overspent with hunger and fatigue, and sunk with terror and affliction. + While in this wretched condition, she saw a robber approach with his naked + sword; and finding that she had no means of escape, she suddenly embraced + the resolution of trusting entirely for protection to his faith and + generosity. She advanced towards him; and presenting to him the young + prince, called out to him, “Here, my friend, I commit to your care the + safety of your king’s son.” The man, whose humanity and generous spirit + had been obscured, not entirely lost, by his vicious course of life, was + struck with the singularity of the event, was charmed with the confidence + reposed in him, and vowed, not only to abstain from all injury against the + princess, but to devote himself entirely to her service.[*] By his means + she dwelt some time concealed in the forest, and was at last conducted to + the sea-coast, whence she made her escape into Flanders. She passed thence + into her father’s court, where she lived several years in privacy and + retirement. Her husband was not so fortunate or so dexterous in finding + the means of escape. Some of his friends took him under their protection, + and conveyed him into Lancashire, where he remained concealed during a + twelvemonth; but he was at last detected, delivered up to Edward, and + thrown into the Tower.[**] The safety of his person was owing less to the + generosity of his enemies, than to the contempt which they had entertained + of his courage and his understanding. + </p> + <p> + The imprisonment of Henry, the expulsion of Margaret, the execution and + confiscation of all the most eminent Lancastrians, seemed to give full + security to Edward’s government; whose title by blood, being now + recognized by parliament, and universally submitted to by the people, was + no longer in danger of being impeached by any antagonist. In this + prosperous situation, the king delivered himself up, without control, to + those pleasures which his youth, his high fortune, and his natural temper + invited him to enjoy; and the cares of royalty were less attended to than + the dissipation of amusement, or the allurements of passion. The cruel and + unrelenting spirit of Edward, though inured to the ferocity of civil wars, + was at the same time extremely devoted to the softer passions, which, + without mitigating his severe temper, maintained a great influence over + him, and shared his attachment with the pursuits of ambition and the + thirst of military glory. During the present interval of peace, he lived + in the most familiar and sociable manner with his subjects,[***] + particularly with the Londoners; and the beauty of his person, as well as + the gallantry of his address, which, even unassisted by his royal dignity, + would have rendered him acceptable to the fair, facilitated all his + applications for their favor. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. iii. p. 96. + + ** Hall, fol. 191. Fragm. ad finem Sproti. + + *** Polyd. Virg. p. 513. Biondi. +</pre> + <p> + This easy and pleasurable course of life augmented every day his + popularity among all ranks of men: he was the peculiar favorite of the + young and gay of both sexes. The disposition of the English little + addicted to jealousy, kept them from taking umbrage at these liberties: + and his indulgence in amusements, while it gratified his inclination, was + thus become, without design, a means of supporting and securing his + government. But as it is difficult to confine the ruling passion within + strict rules of prudence, the amorous temper of Edward led him into a + snare, which proved fatal to his repose, and to the stability of his + throne. + </p> + <p> + Jaqueline of Luxembourg, duchess of Bedford, had, after her husband’s + death, so far sacrificed her ambition to love, that she espoused, in + second marriage, Sir Richard Woodeville a private gentleman, to whom she + bore several children; and among the rest, Elizabeth, who was remarkable + for the grace and beauty of her person, as well as for other amiable + accomplishments. This young lady had married Sir John Gray of Groby, by + whom she had children; and her husband being slain in the second battle of + St. Albans, fighting on the side of Lancaster, and his estate being for + that reason confiscated, his widow retired to live with her father, at his + seat of Grafton, in Northamptonshire. The king came accidentally to the + house after a hunting party, in order to pay a visit to the duchess of + Bedford; and as the occasion seemed favorable for obtaining some grace + from this gallant monarch, the young widow flung herself at his feet, and + with many tears entreated him to take pity on her impoverished and + distressed children. The sight of so much beauty in affliction strongly + affected the amorous Edward; love stole sensibly into his heart under the + guise of compassion; and her sorrow, so becoming a virtuous matron, made + his esteem and regard quickly correspond to his affection. He raised her + from the ground with assurances of favor; he found his passion increase + every moment, by the conversation of the amiable object; and he was soon + reduced, in his turn, to the posture and style of a supplicant at the feet + of Elizabeth. But the lady, either averse to dishonorable love from a + sense of duty, or perceiving that the impression which she had made was so + deep as to give her hopes of obtaining the highest elevation, obstinately + refused to gratify his passion; and all the endearments, caresses, and + importunities of the young and amiable Edward proved fruitless against her + rigid and inflexible virtue. His passion, irritated by opposition, and + increased by his veneration for such honorable sentiments carried him at + last beyond all bounds of reason and he offered to share his throne, as + well as his heart, with the woman whose beauty of person and dignity of + character seemed so well to entitle her to both. The marriage was + privately celebrated at Grafton:[**] the secret was carefully kept for + some time: no one suspected that so libertine a prince could sacrifice so + much to a romantic passion; and there were, in particular, strong reasons, + which, at that time, rendered this step, to the highest degree, dangerous + and imprudent. + </p> + <p> + The king, desirous to secure his throne, as well by the prospect of issue + as by foreign alliances, had, a little before, determined to make + application to some neighboring princess, and he had cast his eye on Bona + of Savoy, sister to the queen of France, who, he hoped, would by her + marriage insure him the friendship of that power, which was alone both + able and inclined to give support and assistance to his rival. To render + the negotiation more successful, the earl of Warwick had been despatched + to Paris, where the princess then resided; he had demanded Bona in + marriage for the king; his proposals had been accepted; the treaty was + fully concluded; and nothing remained but the ratification of the terms + agreed on, and the bringing over the princess to England.[**] But when the + secret of Edward’s marriage broke out, the haughty earl, deeming himself + affronted, both by being employed in this fruitless negotiation, and by + being kept a stranger to the king’s intentions, who had owed every thing + to his friendship, immediately returned to England, inflamed with rage and + indignation. The influence of passion over so young a man as Edward, might + have served as an excuse for his imprudent conduct, had he deigned to + acknowledge his error, or had pleaded his weakness as an apology; but his + faulty shame or pride prevented him from so much as mentioning the matter + to Warwick; and that nobleman was allowed to depart the court, full of the + same ill humor and discontent which he brought to it. + </p> +<pre xml:space="preserve"> + * Hall, fol. 193. Fabian, fol. 216. + + ** Hall, fol. 193. Habington, p. 437. Holingshed, p. 607. + Grafton, p. 665. Polyd. Virg. p. 513. +</pre> + <p class="side"> + 1466. + </p> + <p> + Every incident now tended to widen the breach between the king and this + powerful subject. The queen, who lost not her influence by marriage, was + equally solicitous to draw every grace and favor to her own friends and + kindred, and to exclude those of the earl, whom she regarded as her + mmortal enemy. Her father was created earl of Rivers: he was made + treasurer in the room of Lord Mountjoy:[*] he was invested in the office + of constable for life; and his son received the survivance of that high + dignity.[**] The same young nobleman was married to the only daughter of + Lord Scales, enjoyed the great estate of that family, and had the title of + Scales conferred upon him. Catharine, the queen’s sister, was married to + the young duke of Buckingham, who was a ward of the crown:[***] Mary, + another of her sisters espoused William Herbert, created earl of + Huntingdon: Anne, a third sister, was given in marriage to the son and + heir of Gray, Lord Ruthyn, created earl of Kent.[****] The daughter and + heir of the duke of Exeter, who was also the king’s niece, was contracted + to Sir Thomas Gray, one of the queen’s sons by her former husband; and as + Lord Montague was treating of a marriage between his son and this lady, + the preference given to young Gray was deemed an injury and affront to the + whole family of Nevil. + </p> + <p> + The earl of Warwick could not suffer with patience the least diminution of + that credit which he had long enjoyed, and which he thought he had merited + by such important services. Though he had received so many grants from the + crown, that the revenue arising from them amounted, besides his + patrimonial estate, to eighty thousand crowns a year, according to the + computation of Philip de Comines,[*****] his ambitious spirit was still + dissatisfied, so long as he saw others surpass him in authority and + influence with the king.[******] Edward also, jealous of that power which + had supported him and which he himself had contributed still higher to + exalt, was well pleased to raise up rivals in credit to the earl of + Warwick; and he justified, by this political view, his extreme partiality + to the queen’s kindred. But the nobility of England, envying the sudden + growth of the Woodevilles,[*******] were more inclined to take part with + Warwick’s discontent, to whose grandeur they were already accustomed, and + who had reconciled them to his superiority by his gracious and popular + manners. + </p> +<pre xml:space="preserve"> + * W. Wyrcester, p. 506. + + ** W. Wyrcester, p. 505. + + *** Liv. iii. chap. 4. + + **** Hist. Croyl. Cont. p. 539. + + ****** Polyd. Virg. p. 514. + + ******* Rymer, vol. xi. p. 581. +</pre> + <p> + And as Edward obtained from parliament a general resumption of all grants, + which he had made since his accession, and which had extremely + impoverished the crown,[*] this act, though it passed with some + exceptions, particularly one in favor of the earl of Warwick, gave a + general alarm to the nobility, and disgusted many, even zealous partisans + of the family of York. + </p> + <p> + But the most considerable associate that Warwick acquired to his party, + was George, duke of Clarence, the king’s second brother. This prince + deemed himself no less injured than the other grandees, by the + uncontrolled influence of the queen and her relations; and as his fortunes + were still left upon a precarious footing, while theirs were fully + established, this neglect, joined to his unquiet and restless spirit, + inclined him to give countenance to all the malecontents.[**] The + favorable opportunity of gaining him was espied by the earl of Warwick, + who offered him in marriage his elder daughter, and coheir of his immense + fortunes; a settlement which, as it was superior to any that the king + himself could confer upon him, immediately attached him to the party of + the earl.[***] Thus an extensive and dangerous combination was insensibly + formed against Edward and his ministry. Though the immediate object of the + malecontents was not to overturn the throne, it was difficult to foresee + the extremities to which they might be carried: and as opposition to + government was usually in those ages prosecuted by force of arms, civil + convulsions and disorders were likely to be soon the result of these + intrigues and confederacies. + </p> +<pre xml:space="preserve"> + * W. Wyrcester, p. 508. + + ** W. Wyrcester, p. 511. Hall, fol. 200. Habington, p. 439. + Holingshed, p. 671. Polyd. Virg. p. 515. + + *** Grafton. p. 873. +</pre> + <p> + While this cloud was gathering at home, Edward carried his views abroad, + and endeavored to secure himself against his factious nobility, by + entering into foreign alliances. The dark and dangerous ambition of Lewis + XI., the more it was known, the greater alarm it excited among his + neighbors and vassals; and as it was supported by great abilities, and + unrestrained by any principle of faith or humanity, they found no security + to themselves but by a jealous combination against him. Philip, duke of + Burgundy, was now dead: his rich and extensive dominions were devolved to + Charles, his only son, whose martial disposition acquired him the surname + of Bold, and whose ambition, more outrageous than that of Lewis, but + seconded by less power and policy, was regarded with a more favorable eye + by the other potentates of Europe. + </p> + <p> + The opposition of interests, and still more a natural antipathy of + character, produced a declared animosity between these bad princes; and + Edward was thus secure of the sincere attachment of either of them, for + whom he should choose to declare himself. The duke of Burgundy, being + descended by his mother, a daughter of Portugal, from John of Gaunt, was + naturally inclined to favor the house of Lancaster:[*] but this + consideration was easily overbalanced by political motives; and Charles, + perceiving the interests of that house to be extremely decayed in England, + sent over his natural brother, commonly called the Bastard of Burgundy, to + carry in his name proposals of marriage to Margaret, the king’s sister. + </p> + <p class="side"> + 1468. + </p> + <p> + The alliance of Burgundy was more popular among the English than that of + France; the commercial interests of the two nations invited the princes to + a close union; their common jealousy of Lewis was a natural cement between + them; and Edward, pleased with strengthening himself by so potent a + confederate, soon concluded the alliance, and bestowed his sister upon + Charles.[**] A league, which Edward at the same time concluded with the + duke of Brittany, seemed both to increase his security, and to open to him + the prospect of rivalling his predecessors in those foreign conquests, + which, however short-lived and unprofitable, had rendered their reigns so + popular and illustrious.[***] + </p> +<pre xml:space="preserve"> + * Comine’s, liv. iii. chap. 4, 6. + + ** W. Wyrcester, p. 5. Parl. Hist. vol. ii. p. 332. + + *** Hall, fol. 169, 197. +</pre> + <p class="side"> + 1469. + </p> + <p> + But whatever ambitious schemes the king might have built on these + alliances, they were soon frustrated by intestine commotions, which + engrossed all his attention. These disorders probably arose not + immediately from the intrigues of the earl of Warwick, but from accident, + aided by the turbulent spirit of the age, by the general humor of + discontent which that popular nobleman had instilled into the nation, and + perhaps by some remains of attachment to the house of Lancaster. The + hospital of St. Leonard’s, near York, had received, from an ancient grant + of King Athelstane, a right of levying a thrave of corn upon every + plough-land in the county; and as these charitable establishments are + liable to abuse, the country people complained, that the revenue of the + hospital was no longer expended for the relief of the poor, but was + secreted by the managers, and employed to their private purposes. + </p> + <p> + After long repining at the contribution, they refused payment: + ecclesiastical and civil censures were issued against them, their goods + were distrained, and their persons thrown into jail: till, as their ill + humor daily increased, they rose in arms; fell upon the officers of the + hospital, whom they put to the sword; and proceeded in a body, fifteen + thousand strong, to the gates of York. Lord Montague, who commanded in + those parts, opposed himself to their progress; and having been so + fortunate in a skirmish as to seize Robert Hulderne, their leader, he + ordered him immediately to be led to execution, according to the practice + of the times. The rebels, however, still continued in arms; and being soon + headed by men of greater distinction: Sir Henry Nevil, son of Lord + Latimer, and Sir John Coniers, they advanced southwards, and began to + appear formidable to government. Herbert, earl of Pembroke, who had + received that title on the forfeiture of Jasper Tudor, was ordered by + Edward to march against them at the head of a body of Welshmen; and he was + joined by five thousand archers, under the command of Stafford, earl of + Devonshire, who had succeeded in that title to the family of Courtney, + which had also been attainted. But a trivial difference about quarters + having begotten an animosity between these two noblemen, the earl of + Devonshire retired with his archers, and left Pembroke alone to encounter + the rebels. The two armies approached each other near Banbury; and + Pembroke, having prevailed in a skirmish, and having taken Sir John Nevil + prisoner, ordered him immediately to be put to death, without any form of + process. This execution enraged without terrifying the rebels: they + attacked the Welsh army, routed them, put them to the sword without mercy; + and having seized Pembroke, they took immediate revenge upon him for the + death of their leader. The king, imputing this misfortune to the earl of + Devonshire, who had deserted Pembroke, ordered him to be executed in a + like summary manner. But these speedy executions, or rather open murders, + did not stop there: the northern rebels, sending a party to Grafton, + seized the earl of Rivers and his son John; men who had become obnoxious + by their near relation to the king, and his partiality towards them: and + they were immediately executed by orders from Sir John Coniers.[*] + </p> +<pre xml:space="preserve"> + * Fabian, fol. 217. +</pre> + <p> + There is no part of English history since the conquest so obscure, so + uncertain, so little authentic or consistent, as that of the wars between + the two “roses:” historians differ about many material circumstances; some + events of the utmost consequence, in which they almost all agree, are + incredible, and contradicted by records;[*] <a href="#linknote-19" + name="linknoteref-19" id="linknoteref-19">19</a> and it is remarkable, + that this profound darkness falls upon us just on the eve of the + restoration of letters, and when the art of printing was already known in + Europe. All we can distinguish with certainty through the deep cloud which + covers that period, is a scene of horror and bloodshed: savage manners, + arbitrary executions, and treacherous, dishonorable conduct in all + parties. There is no possibility, for instance, of accounting for the + views and intentions of the earl of Warwick at this time. It is agreed + that he resided, together with his son-in-law, the duke of Clarence, in + his government of Calais during the commencement of this rebellion; and + that his brother Montague acted with vigor against the northern rebels. We + may thence presume, that the insurrection had not proceeded from the + secret counsels and instigation of Warwick; though the murder committed by + the rebels on the earl of Rivers, his capital enemy, forms, on the other + hand, a violent presumption against him. He and Clarence came over to + England, offered their service to Edward, were received without any + suspicion, were intrusted by him in the highest commands,[**] and still + persevered in their fidelity. Soon after, we find the rebels quieted and + dispersed by a general pardon granted by Edward from the advice of the + earl of Warwick: but why so courageous a prince, if secure of Warwick’s + fidelity, should have granted a general pardon to men who had been guilty + of such violent and personal outrages against him, is not intelligible; + nor why that nobleman, if unfaithful, should have endeavored to appease a + rebellion of which he was able to make such advantages. But it appears, + that after this insurrection, there was an interval of peace, during which + the king loaded the family of Nevil with honors and favors of the highest + nature: he made Lord Montague a marquis, by the same name: he created his + son George duke of Bedford;[***] he publicly declared his intention of + marrying that young nobleman to his eldest daughter, Elizabeth, who, as he + had yet no sons, was presumptive heir of the crown: yet we find that soon + after, being invited to a feast by the archbishop of York, a younger + brother of Warwick and Montague, he entertained a sudden suspicion that + they intended to seize his person or to murder him: and he abruptly left + the entertainment.[****] + </p> +<pre xml:space="preserve"> + * See note S, at the end of the volume. + + ** Rymer, vol. xi. p. 647, 649, 650. + + *** Cotton, p. 702. + + **** Fragm. Edward IV. ad fin. Sproti. +</pre> + <p class="side"> + 1470. + </p> + <p> + Soon after, there broke out another rebellion, which is as unaccountable + as all the preceding events; chiefly because no sufficient reason is + assigned for it, and because, so far as appears, the family of Nevil had + no hand in exciting and fomenting it. It arose in Lincolnshire, and was + headed by Sir Robert Welles, son to the lord of that name. The army of the + rebels amounted to thirty thousand men; but Lord Welles himself, far from + giving countenance to them, fled into a sanctuary, in order to secure his + person against the king’s anger or suspicions. He was allured from this + retreat by a promise of safety; and was soon after, notwithstanding this + assurance, beheaded, along with Sir Thomas Dymoc, by orders from + Edward.[*] The king fought a battle with the rebels, defeated them, took + Sir Robert Welles and Sir Thomas Launde prisoners, and ordered them + immediately to be beheaded. + </p> + <p> + Edward, during these transactions, had entertained so little jealousy of + the earl of Warwick or duke of Clarence, that he sent them with + commissions of array to levy forces against the rebels:[**] but these + malecontents, as soon as they left the court, raised troops in their own + name, issued declarations against the government, and complained of + grievances, oppressions, and bad ministers. The unexpected defeat of + Welles disconcerted all their measures; and they retired northwards into + Lancashire, where they expected to be joined by Lord Stanley, who had + married the earl of Warwick’s sister. But as that nobleman refused all + concurrence with them, and as Lord Montague also remained quiet in + Yorkshire, they were obliged to disband their army, and to fly into + Devonshire, where they embarked and made sail towards Calais.[***] + </p> +<pre xml:space="preserve"> + * Hall, fol. 204. Fabian, fol. 218. Habington, p. 442. + Holingshed, p. 674. + + ** Rymer, vol. xi. p. 652. + + *** The king offered, by proclamation, a reward of one + thousand pounds, or one hundred pounds a year in land, to + any that would seize them. Whence we may learn that land was + at that time sold for about ten years’ purchase. See Rymer, + vol. xi. p. 654. +</pre> + <p> + The deputy governor, whom Warwick had left at Calais, was one Vaucler, a + Gascon, who, seeing the earl return in this miserable condition, refused + him admittance; and would not so much as permit the duchess of Clarence to + land, though, a few days before, she had been delivered on shipboard of a + son, and was at that time extremely disordered by sickness. With + difficulty he would allow a few flagons of wine to be carried to the ship + for the use of the ladies: but as he was a man of sagacity, and well + acquainted with the revolutions to which England was subject, he secretly + apologized to Warwick for this appearance of infidelity, and represented + it as proceeding entirely from zeal for his service. He said that the + fortress was ill supplied with provisions; that he could not depend on the + attachment of the garrison; that the inhabitants, who lived by the English + commerce, would certainly declare for the established government; that the + place was at present unable to resist the power of England on the one + hand, and that of the duke of Burgundy on the other; and that, by seeming + to declare for Edward, he would acquire the confidence of that prince, and + still keep it in his power, when it should become safe and prudent, to + restore Calais to its ancient master.[*] It is uncertain whether Warwick + was satisfied with this apology, or suspected a double infidelity in + Vaucler; but he feigned to be entirely convinced by him; and having seized + some Flemish vessels which he found lying off Calais, he immediately made + sail towards France. + </p> + <p> + The king of France, uneasy at the close conjunction between Edward and the + duke of Burgundy, received with the greatest demonstrations of regard the + unfortunate Warwick,[**] with whom he had formerly maintained a secret + correspondence, and whom he hoped still to make his instrument in + overturning the government of England, and reëstablishing the house of + Lancaster. + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 4. Hall, fol. 205. + + ** Polyd. Virg. p. 519. +</pre> + <p> + No animosity was ever greater than that which had long prevailed between + that house and the earl of Warwick. His father had been executed by orders + from Margaret: he himself had twice reduced Henry to captivity, had + banished the queen, had put to death all their most zealous partisans + either in the field or on the scaffold, and had occasioned innumerable + ills to that unhappy family. For this reason, believing that such + inveterate rancor could never admit of any cordial reconciliation, he had + not mentioned Henry’s name when he took arms against Edward; and he rather + endeavored to prevail by means of his own adherents, than revive a party + which he sincerely hated. But his present distresses and the entreaties of + Lewis made him hearken to terms of accommodation; and Margaret being sent + for from Angers, where she then resided, an agreement was, from common + interest, soon concluded between them. It was stipulated, that Warwick + should espouse the cause of Henry, and endeavor to restore him to liberty, + and to reëstablish him on the throne; that the administration of the + government, during the minority of young Edward, Henry’s son, should be + intrusted conjointly to the earl of Warwick and the duke of Clarence; that + Prince Edward should marry the Lady Anne, second daughter of that + nobleman; and that the crown, in case of the failure of male issue in that + prince, should descend to the duke of Clarence, to the entire exclusion of + King Edward and his posterity. Never was confederacy, on all sides, less + natural, or more evidently the work of necessity: but Warwick hoped, that + all former passions of the Lancastrians might be lost in present political + views; and that, at worst, the independent power of his family, and the + affections of the people, would suffice to give him security, and enable + him to exact the full performance of all the conditions agreed on. The + marriage of Prince Edward with the Lady Anne was immediately celebrated in + France. + </p> + <p> + Edward foresaw that it would be easy to dissolve an alliance composed of + such discordant parts. For this purpose, he sent over a lady of great + sagacity and address, who belonged to the train of the duchess of + Clarence, and who, under color of attending her mistress, was empowered to + negotiate with the duke, and to renew the connections of that prince with + his own family.[*] She represented to Clarence, that he had unwarily, to + his own ruin, become the instrument of Warwick’s vengeance, and had thrown + himself entirely in the power of his most inveterate enemies; that the + mortal injuries which the one royal family had suffered from the other, + were now past all forgiveness, and no imaginary union of interests could + ever suffice to obliterate them; that even if the leaders were willing to + forget past offences, the animosity of their adherents would prevent a + sincere coalition of parties, and would, in spite of all temporary and + verbal agreements, preserve an eternal opposition of measures between + them; and that a prince who deserted his own kindred, and joined the + murderers of his father, left himself single, without friends, without + protection, and would not, when misfortunes inevitably fell upon him, be + so much as entitled to any pity or regard from the rest of mankind. + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 5. Hall, fol. 20*7. Holingshed, + p. 676. +</pre> + <p> + Clarence was only one and twenty years of age, and seems to have possessed + but a slender capacity; yet could he easily see the force of these + reasons; and, upon the promise of forgiveness from his brother, he + secretly engaged, on a favorable opportunity, to desert the earl of + Warwick, and abandon the Lancastrian party. + </p> + <p> + During this negotiation, Warwick was secretly carrying on a correspondence + of the same nature with his brother, the marquis of Montague, who was + entirely trusted by Edward; and like motives produced a like resolution in + that nobleman. The marquis, also, that he might render the projected blow + the more deadly and incurable, resolved, on his side, to watch a favorable + opportunity for committing his perfidy, and still to maintain the + appearance of being a zealous adherent to the house of York. + </p> + <p> + After these mutual snares were thus carefully laid, the decision of the + quarrel advanced apace. Lewis prepared a fleet to escort the earl of + Warwick, and granted him a supply of men and money.[*] The duke of + Burgundy, on the other hand, enraged at that nobleman for his seizure of + the Flemish vessels before Calais, and anxious to support the reigning + family in England, with whom his own interests were now connected, fitted + out a larger fleet, with which he guarded the Channel: and he incessantly + warned his brother-in-law of the imminent perils to which he was exposed. + But Edward, though always brave and often active, had little foresight or + penetration. He was not sensible of his danger; he made no suitable + preparations against the earl of Warwick;[**] he even said that the duke + might spare himself the trouble of guarding the seas, and that he wished + for nothing more than to see Warwick set foot on English ground.[***] A + vain confidence in his own prowess, joined to the immoderate love of + pleasure, had made him incapable of all sound reason and reflection. + </p> + <p> + The event soon happened, of which Edward seemed so desirous. A storm + dispersed the Flemish navy, and left the sea open to Warwick.[****] That + nobleman seized the opportunity, and setting sail, quickly landed at + Dartmouth with the duke of Clarence, the earls of Oxford and Pembroke, and + a small body of troops, while the king was in the north, engaged in + suppressing an insurrection which had been raised by Lord Fitz-Hugh, + brother-in-law to Warwick. + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 4. Hall, fol. 207. + + ** Grafton, p. 687. + + *** Comines, liv. iii. chap. 5. Hall, fol. 208. + + **** Comines, liv. iii. chap. 5. +</pre> + <p> + The scene which ensues resembles more the fiction of a poem or romance + than an event in true history. The prodigious popularity of Warwick,[*] + the zeal of the Lancastrian party, the spirit of discontent with which + many were infected, and the general instability of the English nation, + occasioned by the late frequent revolutions, drew such multitudes to his + standard, that in a very few days his army amounted to sixty thousand men + and was continually increasing. Edward hastened southwards to encounter + him; and the two armies approached each other near Nottingham, where a + decisive action was every hour expected. The rapidity of Warwick’s + progress had incapacitated the duke of Clarence from executing his plan of + treachery; and the marquis of Montague had here the opportunity of + striking the first blow. He communicated the design to his adherents, who + promised him their concurrence: they took to arms in the night-time, and + hastened with loud acclamations to Edward’s quarters; the king was alarmed + at the noise, and starting from bed, heard the cry of war usually employed + by the Lancastrian party. Lord Hastings, his chamberlain, informed him of + the danger, and urged him to make his escape by speedy flight from an army + where he had so many concealed enemies, and where few seemed zealously + attached to his service. He had just time to get on horseback, and to + hurry with a small retinue to Lynne, in Norfolk, where he luckily found + some ships ready, on board of which he instantly embarked.[**] And after + this manner the earl of Warwick, in no longer space than eleven days after + his first landing, was left entire master of the kingdom. + </p> +<pre xml:space="preserve"> + * Hall, fol. 205. + + ** Comines, liv. iii. chap. 5. Hall, fol. 208. +</pre> + <p> + But Edward’s danger did not end with his embarkation. The Easterlings or + Hanse Towns were then at war both with France and England; and some ships + of these people, hovering on the English coast, espied the king’s vessels, + and gave chase to them; nor was it without extreme difficulty that he made + his escape into the port of Alcmaer, in Holland. He had fled from England + with such precipitation, that he had carried nothing of value along with + him; and the only reward which he could bestow on the captain of the + vessel that brought him over, was a robe lined with sables; promising him + an ample recompense if fortune should ever become more propitious to + him.[*] + </p> +<pre xml:space="preserve"> + * Comines, liv, iii. chap. 5. +</pre> + <p> + It is not likely that Edward could be very fond of presenting himself in + this lamentable plight before the duke of Burgundy; and that having so + suddenly, after his mighty vaunts, lost all footing in his own kingdom, he + could be insensible to the ridicule which must attend him in the eyes of + that prince. The duke, on his part, was no less embarrassed how he should + receive the dethroned monarch. As he had ever borne a greater affection to + the house of Lancaster than to that of York, nothing but political views + had engaged him to contract an alliance with the latter; and he foresaw, + that probably the revolution in England would now turn this alliance + against him, and render the reigning family his implacable and jealous + enemy. For this reason, when the first rumor of that event reached him, + attended with the circumstance of Edward’s death, he seemed rather pleased + with the catastrophe; and it was no agreeable disappointment to find, that + he must either undergo the burden of supporting an exiled prince, or the + dishonor of abandoning so near a relation. He began already to say, that + his connections were with the kingdom of England, not with the king; and + it was indifferent to him whether the name of Edward or that of Henry were + employed in the articles of treaty. These sentiments were continually + strengthened by the subsequent events. Vaucler, the deputy-governor of + Calais, though he had been confirmed in his command by Edward, and had + even received a pension from the duke of Burgundy on account of his + fidelity to the crown, no sooner saw his old master, Warwick, reinstated + in authority, than he declared for him, and with great demonstrations of + zeal and attachment, put the whole garrison in his livery. And the + intelligence which the duke received every day from England, seemed to + promise an entire and full settlement in the family of Lancaster. + </p> + <p> + Immediately after Edward’s flight had left the kingdom at Warwick’s + disposal, that nobleman hastened to London; and taking Henry from his + confinement in the Tower, into which he himself had been the chief cause + of throwing him, he proclaimed him king with great solemnity. A parliament + was summoned in the name of that prince, to meet at Westminster, and as + this assembly could pretend to no liberty while surrounded by such enraged + and insolent victors, governed by such an impetuous spirit as Warwick, + their votes were entirely dictated by the ruling faction. The treaty with + Margaret was here fully executed: Henry was recognized as lawful king; but + his incapacity for government being avowed, the regency was intrusted to + Warwick and Clarence till the majority of Prince Edward; and in default of + that prince’s issue, Clarence was declared successor to the crown. The + usual business also of reversals went on without opposition: every statute + made during the reign of Edward was repealed; that prince was declared to + be a usurper; he and his adherents were attainted; and in particular + Richard, duke of Glocester, his younger brother: all the attainders of the + Lancastrians, the dukes of Somerset and Exeter, the earls of Richmond, + Pembroke, Oxford, and Ormond, were reversed; and every one was restored + who had lost either honors or fortunes by his former adherence to the + cause of Henry. + </p> + <p> + The ruling party were more sparing in their executions than was usual + after any revolution during those violent times. The only victim of + distinction was John Tibetot, earl of Worcester. This accomplished person, + born in an age and nation where the nobility valued themselves on + ignorance as their privilege, and left learning to monks and + schoolmasters, for whom indeed the spurious erudition that prevailed was + best fitted, had been struck with the first rays of true science, which + began to penetrate from the south, and had been zealous, by his + exhortation and example, to propagate the love of letters among his + unpolished countrymen. It is pretended, that knowledge had not produced on + this nobleman himself the effect which naturally attends it, of humanizing + the temper and softening the heart;[*] and that he had enraged the + Lancastrians against him by the severities which he exercised upon them + during the prevalence of his own party. + </p> +<pre xml:space="preserve"> + * Hall, fol. 210. Stowe, p. 422. +</pre> + <p> + He endeavored to conceal himself after the flight of Edward, but was + caught on the top of a tree in the forest of Weybridge, was conducted to + London, tried before the earl of Oxford, condemned, and executed. All the + other considerable Yorkists either fled beyond sea, or took shelter in + sanctuaries, where the ecclesiastical privileges afforded them protection. + In London alone it is computed that no less than two thousand persons + saved themselves in this manner;[*] and among the rest, Edward’s queen, + who was there delivered of a son, called by his father’s name.[**] + </p> + <p> + Queen Margaret, the other rival queen, had not yet appeared in England, + but on receiving intelligence of Warwick’s success, was preparing with + Prince Edward for her journey. All the banished Lancastrians flocked to + her; and, among the rest, the duke of Somerset, son of the duke beheaded + after the battle of Hexham. This nobleman, who had long been regarded as + the head of the party, had fled into the Low Countries on the discomfiture + of his friends; and as he concealed his name and quality, he had there + languished in extreme indigence. Philip de Comines tells us,[***] that he + himself saw him, as well as the duke of Exeter, in a condition no better + than that of a common beggar; till being discovered by Philip, duke of + Burgundy, they had small pensions allotted them, and were living in + silence and obscurity when the success of their party called them from + their retreat. But both Somerset and Margaret were detained by contrary + winds from reaching England,[****] till a new revolution in that kingdom, + no less sudden and surprising than the former, threw them into greater + misery than that from which they had just emerged. + </p> + <p> + Though the duke of Burgundy, by neglecting Edward, and paying court to the + established government, had endeavored to conciliate the friendship of the + Lancastrians, he found that he had not succeeded to his wish; and the + connections between the king of France and the earl of Warwick still held + him in great anxiety.[*****] This nobleman, too hastily regarding Charles + as a determined enemy, had sent over to Calais a body of four thousand + men, who made inroads into the Low Countries;[******] and the duke of + Burgundy saw himself in danger of being overwhelmed by the united arms of + England and of France. He resolved therefore to grant some assistance to + his brother-in-law; but in such a covert manner as should give the least + offence possible to the English government. + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 7. + + ** Hall, fol. 210. Stowe, p. 423. Holingshed, p. 677. + Grafton, p. 690. + + *** Liv. iii. chap. 4. + + **** Grafton, p. 692. Polyd. Virg. p 522. + + ****** Comines, liv, iii. chap. 6. +</pre> + <p class="side"> + 1471. + </p> + <p> + He equipped four large vessels, in the name of some private merchants, at + Terveer, in Zealand; and causing fourteen ships to be secretly hired from + the Easterlings, he delivered this small squadron to Edward, who, + receiving also a sum of money from the duke, immediately set sail for + England. No sooner was Charles informed of his departure than he issued a + proclamation inhibiting all his subjects from giving him countenance or + assistance;[*] an artifice which could not deceive the earl of Warwick, + but which might serve as a decent pretence, if that nobleman were so + disposed, for maintaining friendship with the duke of Burgundy. + </p> + <p> + Edward, impatient to take revenge on his enemies, and to recover his lost + authority, made an attempt to land with his forces, which exceeded not two + thousand men, on the coast of Norfolk; but being there repulsed, he sailed + northwards, and disembarked at Ravenspur, in Yorkshire. Finding that the + new magistrates, who had been appointed by the earl of Warwick, kept the + people every where from joining him, he pretended, and even made oath, + that he came not to challenge the crown, but only the inheritance of the + house of York, which of right belonged to him; and that he did not intend + to disturb the peace of the kingdom. His partisans every moment flocked to + his standard: he was admitted into the city of York: and he was soon in + such a situation as gave him hopes of succeeding in all his claims and + pretensions. The marquis of Montague commanded in the northern counties; + but from some mysterious reasons, which, as well as many other important + transactions in that age, no historian has cleared up, he totally + neglected the beginnings of an insurrection which he ought to have + esteemed so formidable. Warwick assembled an army at Leicester, with an + intention of meeting and of giving battle to the enemy; but Edward, by + taking another road, passed him unmolested, and presented himself before + the gates of London. Had he here been refused admittance, he was totally + undone: but there were many reasons which inclined the citizens to favor + him. His numerous friends, issuing from their sanctuaries, were active in + his cause; many rich merchants, who had formerly lent him money, saw no + other chance for their payment but his restoration; the city dames who had + been liberal of their favors to him, and who still retained an affection + for this young and gallant prince, swayed their husbands and friends in + his favor;[**] and above all, the archbishop of York, Warwick’s brother, + to whom the care of the city was committed, had secretly, from unknown + reasons, entered into a correspondence with him; and he facilitated + Edward’s admission into London. + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 6. + + ** Comines, liv. iii. chap. 7. +</pre> + <p> + The most likely cause which can be assigned for those multiplied + infidelities, even in the family of Nevil itself, is the spirit of + faction, which, when it becomes inveterate, it is very difficult for any + man entirely to shake off. The persons who had long distinguished + themselves in the York party, were unable to act with zeal and cordiality + for the support of the Lancastrians; and they were inclined, by any + prospect of favor or accommodation offered them by Edward, to return to + their ancient connections. However this may be, Edward’s entrance into + London made him master not only of that rich and powerful city, but also + of the person of Henry, who, destined to be the perpetual sport of + fortune, thus fell again into the hands of his enemies.[*] + </p> + <p> + It appears not that Warwick, during his short administration, which had + continued only six months, had been guilty of any unpopular act, or had + anywise deserved to lose that general favor with which he had so lately + overwhelmed Edward. But this prince, who was formerly on the defensive, + was now the aggressor; and having overcome the difficulties which always + attend the beginnings of an insurrection, possessed many advantages above + his enemy: his partisans were actuated by that zeal and courage which the + notion of an attack inspires his opponents were intimidated for a like + reason; every one who had been disappointed in the hopes which he had + entertained from Warwick’s elevation, either became a cool friend or an + open enemy to that nobleman; and each malecontent, from whatever cause, + proved an accession to Edward’s army. The king, therefore, found himself + in a condition to face the earl of Warwick; who, being reënforced by his + son-in-law the duke of Clarence, and his brother the marquis of Montague, + took post at Barnet, in the neighborhood of London. The arrival of Queen + Margaret was every day expected, who would have drawn together all the + genuine Lancastrians, and have brought a great accession to Warwick’s + forces: but this very consideration proved a motive to the earl rather to + hurry on a decisive action than to share the victory with rivals and + ancient enemies, who, he foresaw, would, in case of success, claim the + chief merit in the enterprise.[**] + </p> +<pre xml:space="preserve"> + * Grafton, p. 702. + + ** Comines, liv. iii. chap. 7. +</pre> + <p> + But while his jealousy was always directed towards that side, he + overlooked the dangerous infidelity of friends, who lay the nearest to his + bosom. His brother Montague, who had lately temporized, seems now to have + remained sincerely attached to the interests of his family: but his + son-in-law, though bound to him by every tie of honor and gratitude, + though he shared the power of the regency, though he had been invested by + Warwick in all the honors and patrimony of the house of York, resolved to + fulfil the secret engagements which he had formerly taken with his + brother, and to support the interests of his own family: he deserted to + the king in the night-time, and carried over a body of twelve thousand men + along with him.[*] Warwick was now too far advanced to retreat; and as he + rejected with disdain all terms of peace offered him by Edward and + Clarence, he was obliged to hazard a general engagement. The battle was + fought with obstinacy on both sides: the two armies, in imitation of their + leaders displayed uncommon valor; and the victory remained long undecided + between them. But an accident threw the balance to the side of the + Yorkists. Edward’s cognizance was a sun; that of Warwick a star with rays; + and the mistiness of the morning rendering it difficult to distinguish + them, the earl of Oxford, who fought on the side of the Lancastrians, was + by mistake attacked by his friends, and chased off the field of + battle.[**] Warwick, contrary to his more usual practice, engaged that day + on foot, resolving to show his army that he meant to share every fortune + with them; and he was slain in the thickest of the engagement;[***] his + brother underwent the same fate; and as Edward had issued orders not to + give any quarter, a great and undistinguished slaughter was made in the + pursuit. There fell about one thousand five hundred on the side of the + victors. + </p> + <p> + The same day on which this decisive battle was fought,[****] Queen + Margaret and her son, now about eighteen years of age, and a young prince + of great hopes, landed at Weymouth, supported by a small body of French + forces. + </p> +<pre xml:space="preserve"> + * Grafton, p 700. Comines, liv. iii. chap. 7. Leland’s + Collect. vol. ii. p. 505. + + ** Habington, p. 449. + + *** Comines, liv. iii. chap. 7. + + **** Leland’s Collect, vol. ii. p. 505. +</pre> + <p> + When this princess received intelligence of her husband’s captivity, and + of the defeat and death of the earl of Warwick, her courage which had + supported her under so many disastrous events, here quite left her; and + she immediately foresaw all the dismal consequences of this calamity. At + first she took sanctuary in the abbey of Beaulieu;[*] but being encouraged + by the appearance of Tudor, earl of Pembroke, and Courtney, earl of + Devonshire, of the Lords Wenlock and St. John, with other men of rank, who + exhorted her still to hope for success, she resumed her former spirit, and + determined to defend to the utmost the ruins of her fallen fortunes. She + advanced through the counties of Devon, Somerset, and Glocester, + increasing her army on each day’s march; but was at last overtaken by the + rapid and expeditious Edward, at Tewkesbury, on the banks of the Severn. + The Lancastrians were here totally defeated: the earl of Devonshire and + Lord Wenlock were killed in the field: the duke of Somerset, and about + twenty other persons of distinction, having taken shelter in a church, + were surrounded, dragged out, and immediately beheaded: about three + thousand of their side fell in battle: and the army was entirely + dispersed. + </p> + <p> + Queen Margaret and her son were taken prisoners, and brought to the king, + who asked the prince, after an insulting manner, how he dared to invade + his dominions. The young prince, more mindful of his high birth than of + his present fortune, replied, that he came thither to claim his just + inheritance. The ungenerous Edward, insensible to pity, struck him on the + face with his gauntlet; and the dukes of Clarence and Glocester, Lord + Hastings, and Sir Thomas Gray, taking the blow as a signal for further + violence, hurried the prince into the next apartment, and there despatched + him with their daggers.[**] Margaret was thrown into the Tower: King Henry + expired in that confinement a few days after the battle of Tewkesbury; but + whether he died a natural or violent death is uncertain. It is pretended, + and was generally believed, that the duke of Glocester killed him with his + own hands:[***] but the universal odium which that prince had incurred, + inclined perhaps the nation to aggravate his crimes without any sufficient + authority. + </p> +<pre xml:space="preserve"> + * Hall, fol. 219. Habington, p. 451. Grafton, p. 706. Polyd. + Virg. p. 528. + + ** Hall, fol. 221. Habington, p. 453. Holingshed, p 688. + Polyd. Virg. p. 530. + + *** Comines. Hall, fol. 228. Grafton, p. 703. +</pre> + <p> + It is certain, however, that Henry’s death was sudden; and though he + labored under an ill state of health, this circumstance, joined to the + general manners of the age, gave a natural ground, of suspicion; which was + rather increased than diminished by the exposing of his body to public + view. That precaution served only to recall many similar instances in the + English history, and to suggest the comparison. + </p> + <p> + All the hopes of the house of Lancaster seemed now to be utterly + extinguished. Every legitimate prince of that family was dead: almost + every great leader of the party had perished in battle or on the scaffold: + the earl of Pembroke, who was levying forces in Wales, disbanded his army + when he received intelligence of the battle of Tewkesbury; and he fled + into Brittany with his nephew, the young earl of Richmond.[*] The bastard + of Falconberg, who had levied some forces, and had advanced to London + during Edward’s absence, was repulsed; his men deserted him; he was taken + prisoner and immediately executed:[**] and peace being now fully restored + to the nation, a parliament was summoned, which ratified as usual, all the + acts of the victor, and recognized his legal authority. + </p> +<pre xml:space="preserve"> + * Habington, p. 454. Polyd. Virg. p. 531. + + ** Holingshed, p. 689, 690, 693. Hist. Croyl. Cont. p. 554. +</pre> + <p> + But this prince, who had been so firm, and active, and intrepid during the + course of adversity, was still unable to resist the allurements of a + prosperous fortune; and he wholly devoted himself, as before, to pleasure + and amusement, after he became entirely master of his kingdom, and had no + longer any enemy who could give him anxiety or alarm. He recovered, + however, by this gay and inoffensive course of life, and by his easy, + familiar manners, that popularity which, it is natural to imagine, he had + lost by the repeated cruelties exercised upon his enemies; and the example + also of his jovial festivity served to abate the former acrimony of + faction among his subjects, and to restore the social disposition which + had been so long interrupted between the opposite parties. All men seemed + to be fully satisfied with the present government; and the memory of past + calamities served only to impress the people more strongly with a sense of + their allegiance, and with the resolution of never incurring any more the + hazard of renewing such direful scenes. + </p> + <p class="side"> + 1474. + </p> + <p> + But while the king was thus indulging himself in pleasure, he was roused + from his lethargy by a prospect of foreign conquests, which, it is + probable, his desire of popularity, more than the spirit of ambition, had + made him covet. Though he deemed himself little beholden to the duke of + Burgundy for the reception which that prince had given him during his + exile,[*] the political interests of their states maintained still a close + connection between them; and they agreed to unite their arms in making a + powerful invasion on France. A league was formed, in which Edward + stipulated to pass the seas with an army exceeding ten thousand men, and + to invade the French territories: Charles promised to join him with all + his forces: the king was to challenge the crown of France, and to obtain + at least the provinces of Normandy and Guienne; the duke was to acquire + Champaigne and some other territories, and to free all his dominions from + the burden of homage to the crown of France: and neither party was to make + peace without the consent of the other.[**] They were the more encouraged + to hope for success from this league, as the count of St. Pol, constable + of France, who was master of St. Quintin and other towns on the Somme, had + secretly promised to join them; and there were also hopes of engaging the + duke of Brittany to enter into the confederacy. + </p> + <p> + The prospect of a French war was always a sure means of making the + parliament open their purses, as far as the habits of that age would + permit. They voted the king a tenth of rents, or two shillings in the + pound; which must have been very inaccurately levied, since it produced + only thirty-one thousand four hundred and sixty pounds; and they added to + this supply a whole fifteenth, and three quarters of another;[***] but as + the king deemed these sums still unequal to the undertaking, he attempted + to levy money by way of benevolence, a kind of exaction which, except + during the reigns of Henry III. and Richard II., had not been much practised + in former times, and which, though the consent of the parties was + pretended to be gained, could not be deemed entirely voluntary.[****] + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 7. + + ** Rymer, vol. xi p. 806, 807, 808, etc. + + *** Cotton, p. 696, 700. Hist. Croyl. Cont. p. 558. + + **** Hall, fol. 226. Habington, p. 461. Grafton, p. 719. + Fabian, fol. 221. +</pre> + <p> + The clauses annexed to the parliamentary grant show sufficiently the + spirit of the nation in this respect. The money levied by the fifteenth + was not to be put into the king’s hands but to be kept in religious + houses; and if the expedition into France should not take place, it was + immediately to be refunded to the people. After these grants, the + parliament was dissolved, which had sitten near two years and a half, and + had undergone several prorogations; a practice not very usual at that time + in England. + </p> + <p class="side"> + 1475. + </p> + <p> + The king passed over to Calais with an army of one thousand five hundred + men at arms and fifteen thousand archers, attended by all the chief + nobility of England, who, prognosticating future successes from the past, + were eager to appear on this great theatre of honor.[*] But all their + sanguine hopes were damped when they found, on entering the French + territories, that neither did the constable open his gates to them, nor + the duke of Burgundy bring them the smallest assistance. That prince, + transported by his ardent temper, had carried all his armies to a great + distance, and had employed them in wars on the frontiers of Germany, and + against the duke of Lorraine: and though he came in person to Edward, and + endeavored to apologize for this breach of treaty, there was no prospect + that they would be able this campaign to make a conjunction with the + English. This circumstance gave great disgust to the king, and inclined + him to hearken to those advances which Lewis continually made him for an + accommodation. + </p> + <p> + That monarch, more swayed by political views than by the point of honor, + deemed no submissions too mean which might free him from enemies who had + proved so formidable to his predecessors, and who, united to so many other + enemies, might still shake the well-established government of France. It + appears from Comines, that discipline was at this time very imperfect + among the English; and that their civil wars, though long continued, yet, + being always decided by hasty battles, had still left them ignorant of the + improvements which the military art was beginning to receive upon the + continent.[**] + </p> +<pre xml:space="preserve"> + * Comines, liv. iv. chap. 5. This author says, (chap. 11,) + that the king artfully brought over some of the richest of + his subjects who, he knew, would be soon tired of the war, + and would promote all proposals of peace, which he foresaw + would be soon necessary. + + ** Comines, liv. iv. chap. 5. +</pre> + <p> + But as Lewis was sensible that the warlike genius of the people would soon + render them excellent soldiers, he was far from despising them for their + present want of experience; and he employed all his art to detach them + from the alliance of Burgundy. When Edward sent him a herald to claim the + crown of France, and to carry him a defiance in case of refusal, so far + from answering to [*] this bravado in like haughty terms, he replied with + great temper, and even made the herald a considerable present:[**] he took + afterwards an opportunity of sending a herald to the English camp; and + having given him directions to apply to the Lords Stanley and Howard, who, + he heard, were friends to peace, he desired the good offices of these + noblemen in promoting an accommodation with their master.[***] As Edward + was now fallen into like dispositions, a truce was soon concluded on terms + more advantageous than honorable to Lewis. He stipulated to pay Edward + immediately seventy-five thousand crowns, on condition that he should + withdraw his army from France, and promised to pay him fifty thousand + crowns a year during their joint lives: it was added, that the dauphin, + when of age, should marry Edward’s eldest daughter.[****] In order to + ratify this treaty, the two monarchs agreed to have a personal interview; + and for that purpose suitable preparations were made at Pecquigni, near + Amiens. A close rail was drawn across a bridge in that place, with no + larger intervals than would allow the arm to pass; a precaution against a + similar accident to that which befell the duke of Burgundy in his + conference with the dauphin at Montereau. Edward and Lewis came to the + opposite sides; conferred privately together; and having confirmed their + friendship, and interchanged many mutual civilities, they soon after + parted.[*****] + </p> +<pre xml:space="preserve"> + * Comines, liv. iv. chap. 5. Hall, fol. 227. + + ** Comines, liv. iv. chap. 7. + + *** Rymer, vol. xii. p. 17. + + **** Comines, liv, iv, chap. 9. + +</pre> + <p> + Lewis was anxious not only to gain the king’s friendship but also that of + the nation, and of all the considerable persons in the English court. He + bestowed pensions, to the amount of sixteen thousand crowns a year, on + several of the kings, favorites; on Lord Hastings two thousand crowns; on + Lora Howard and others in proportion; and these great ministers were not + ashamed thus to receive wages from a foreign prince. As the two armies, + after the conclusion of the truce remained some time in the neighborhood + of each other, the English were not only admitted freely into Amiens, + where Lewis resided, but had also their charges defrayed, and had wine and + victuals furnished them in every inn, without any payment being demanded. + They flocked thither in such multitude that once above nine thousand of + them were in the town, and they might have made themselves masters of the + king’s person; but Lewis, concluding from their jovial and dissolute + manner of living, that they had no bad intentions, was careful not to + betray the least sign of fear or jealousy. And when Edward, informed of + this disorder, desired him to shut the gates against them, he replied, + that he would never agree to exclude the English from the place where he + resided; but that Edward, if he pleased, might recall them, and place his + own officers at the gates of Amiens to prevent their returning.[*] + </p> + <p> + Lewis’s desire of confirming a mutual amity with England, engaged him even + to make imprudent advances, which it cost him afterwards some pains to + evade. In the conference at Pecquigni he had said to Edward, that he + wished to have a visit from him at Paris; that he would there endeavor to + amuse him with the ladies; and that, in case any offences were then + committed, he would assign him the cardinal of Bourbon for confessor, who, + from fellow-feeling, would not be over and above severe in the penances + which he would enjoin. This hint made deeper impression than Lewis + intended. Lord Howard, who accompanied him back to Amiens, told him in + confidence that, if he were so disposed it would not be impossible to + persuade Edward to take a journey with him to Paris, where they might make + merry together. Lewis pretended at first not to hear the offer; but on + Howard’s repeating it, he expressed his concern that his wars with the + duke of Burgundy would not permit him to attend his royal guest, and do + him the honors he intended “Edward,” said he privately to Comines, “is a + very handsome and a very amorous prince: some lady at Paris may like him + as well as he shall do her; and may invite him to return in another + manner. It is better that the sea be between us.”[**] + </p> +<pre xml:space="preserve"> + * Comines, liv. iv. chap. 9. Hall, fol. 233. + + ** Comines, liv. iv. chap. 10. Habington, p. 469. +</pre> + <p> + This treaty did very little honor to either of these monarchs: it + discovered the imprudence of Edward, who had taken his measures so ill + with his allies, as to be obliged, after such an expensive armament, to + return without making any acquisitions adequate to it: it showed the want + of dignity in Lewis who, rather than run the hazard of a battle, agreed to + subject his kingdom to a tribute, and thus acknowledge the superiority of + a neighboring prince possessed of less power and territory than himself. + But as Lewis made interest the sole test of honor, he thought that all the + advantages of the treaty were on his side, and that he had overreached + Edward, by sending him out of France on such easy terms. For this reason + he was very solicitous to conceal his triumph; and he strictly enjoined + his courtiers never to show the English the least sign of mockery or + derision. But he did not himself very carefully observe so prudent a rule: + he could not forbear, one day, in the joy of his heart, throwing out some + raillery on the easy simplicity of Edward and his council; when he + perceived that he was overheard by a Gascon, who had settled in England. + He was immediately sensible of his indiscretion; sent a message to the + gentleman; and offered him some advantages in his own country, as engaged + him to remain in France. “It is but just,” said he, “that I pay the + penalty of my talkativeness.”[*] + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 10. +</pre> + <p> + The most honorable part of Lewis’s treaty with Edward was the stipulation + for the liberty of Queen Margaret, who, though after the death of her + husband and son she could no longer be formidable to government, was still + detained in custody by Edward. Lewis paid fifty thousand crowns for her + ransom; and that princess, who had been so active on the stage of the + world, and who had experienced such a variety of fortune, passed the + remainder of her days in tranquility and privacy, till the year 1482, when + she died; an admirable princess, but more illustrious by her undaunted + spirit in adversity, than by her moderation in prosperity. She seems + neither to have enjoyed the virtues, nor been subject to the weaknesses, + of her sex; and was as much tainted with the ferocity as endowed with the + courage of that barbarous age in which she lived. + </p> + <p> + Though Edward had so little reason to be satisfied with the conduct of the + duke of Burgundy, he reserved to that prince a power of acceding to the + treaty of Pecquigni: but Charles, when the offer was made him, haughtily + replied, that he was able to support himself without the assistance of + England, and that he would make no peace with Lewis till three months + after Edward’s return into his own country. This prince possessed all the + ambition and courage of a conqueror; but being defective in policy and + prudence, qualities no less essential, he was unfortunate in all his + enterprises; and perished at last in battle against the Swiss;[*] a people + whom he despised, and who, though brave and free, had hitherto been in a + manner overlooked in the general system of Europe. This event, which + happened in the year 1477, produced a great alteration in the views of all + the princes, and was attended with consequences which were felt for many + generations. Charles left only one daughter, Mary, by his first wife; and + this princess, being heir of his opulent and extensive dominions, was + courted by all the potentates of Christendom, who contended for the + possession of so rich a prize. Lewis, the head of her family, might, by a + proper application, have obtained this match for the dauphin, and have + thereby united to the crown of France all the provinces of the Low + Countries, together with Burgundy, Artois, and Picardy; which would at + once have rendered his kingdom an overmate for all its neighbors. But a + man wholly interested is as rare as one entirely endowed with the opposite + quality; and Lewis, though impregnable to all the sentiments of generosity + and friendship, was, on this occasion, carried from the road of true + policy by the passions of animosity and revenge. He had imbibed so deep a + hatred to the house of Burgundy, that he rather chose to subdue the + princess by arms, than unite her to his family by marriage: he conquered + the duchy of Burgundy and that part of Picardy which had been ceded to + Philip the Good by the treaty of Arras: but he thereby forced the states + of the Netherlands to bestow their sovereign in marriage on Maximilian of + Austria, son of the emperor Frederick, from whom they looked for + protection in their present distresses: and by these means, France lost + the opportunity, which she never could recall, of making that important + acquisition of power and territory. + </p> + <p> + During this interesting crisis, Edward was no less defective in policy, + and was no less actuated by private passions, unworthy of a sovereign and + a statesman. Jealousy of his brother Clarence had caused him to neglect + the advances which were made of marrying that prince, now a widower, to + the heiress of Burgundy;[**] and he sent her proposals of espousing + Anthony, earl of Rivers, brother to his queen, who still retained an + entire ascendant over him. + </p> +<pre xml:space="preserve"> + * Comines, liv. v. chap. 8. + + ** Polyd. Virg. Hall, fol. 240. Holingshed, p. 703. + Habington p. 474. Grafton, p. 742. +</pre> + <p> + But the match was rejected with disdain;[*] and Edward, resenting this + treatment of his brother-in-law, permitted France to proceed without + interruption in her conquests over his defenceless ally. Any pretence + sufficed him for abandoning himself entirely to indolence and pleasure, + which were now become his ruling passions. The only object which divided + his attention was the improving of the public revenue, which had been + dilapidated by the necessities or negligence of his predecessors; and some + of his expedients for that purpose, though unknown to us, were deemed, + during the time, oppressive to the people.[**] The detail of private + wrongs naturally escapes the notice of history; but an act of tyranny of + which Edward was guilty in his own family, has been taken notice of by all + writers, and has met with general and deserved censure. + </p> +<pre xml:space="preserve"> + * Hall, fol. 240. + + ** Hall, p. 241. Hist. Croyl. Cont. p, 559. +</pre> + <p> + The duke of Clarence, by all his services in deserting Warwick, had never + been able to regain the king’s friendship, which he had forfeited by his + former confederacy with that nobleman. He was still regarded at court as a + man of a dangerous and a fickle character; and the imprudent openness and + violence of his temper, though it rendered him much less dangerous, tended + extremely to multiply his enemies, and to incense them against him. Among + others, he had had the misfortune to give displeasure to the queen + herself, as well as to his brother, the duke of Glocester, a prince of the + deepest policy, of the most unrelenting ambition, and the least scrupulous + in the means which he employed for the attainment or his ends. A + combination between these potent adversaries being secretly formed against + Clarence, it was determined to begin by attacking his friends; in hopes + that, if he patiently endured this injury, his pusillanimity would + dishonor him in the eyes of the public; if he made resistance, and + expressed resentment, his passion would betray him into measures which + might give them advantages against him. The king, hunting one day in the + park of Thomas Burdet, of Arrow, in Warwickshire, had killed a white buck, + which was a great favorite of the owner; and Burdet, vexed at the loss, + broke into a passion, and wished the horns of the deer in the belly of the + person who had advised the king to commit that insult upon him. This + natural expression of resentment, which would have been overlooked or + forgotten had it fallen from any other person, was rendered criminal and + capital in that gentleman, by the friendship in which he had the + misfortune to live with the duke of Clarence; he was tried for his life; + the judges and jury were found servile enough to condemn him and he was + publicly beheaded at Tyburn for this pretended offence.[*] About the same + time, one John Stacey, an ecclesiastic, much connected with the duke as + well as with Burdet, was exposed to a like iniquitous and barbarous + prosecution. This clergyman, being more learned in mathematics and + astronomy than was usual in that age, lay under the imputation of + necromancy with the ignorant vulgar; and the court laid hold of this + popular rumor to effect his destruction. He was brought to his trial for + that imaginary crime; many of the greatest peers countenanced the + prosecution by their presence; he was condemned, put to the torture, and + executed.[**] + </p> + <p> + The duke of Clarence was alarmed when he found these acts of tyranny + exercised on all around him: he reflected on the fate of the good duke of + Glocester, in the last reign, who, after seeing the most infamous + pretences employed for the destruction of his nearest connections, at last + fell himself a victim to the vengeance of his enemies. But Clarence, + instead of securing his own life against the present danger by silence and + reserve, was open and loud in justifying the innocence of his friends, and + in exclaiming against the iniquity of their prosecutors. + </p> + <p class="side"> + 1478. + </p> + <p> + The king, highly offended with his freedom, or using that pretence against + him, committed him to the Tower,[***] summoned a parliament, and tried him + for his life before the house of peers, the supreme tribunal of the + nation. + </p> + <p> + The duke was accused of arraigning public justice, by maintaining the + innocence of men who had been condemned in courts of judicature, and or + inveighing against the iniquity of the king, who had given orders for + their prosecution.[****] + </p> +<pre xml:space="preserve"> + * Habington, p. 475. Holingshed, p. 703. Sir Thomas More in + Kennet, p. 498. + + ** Hist. Croyl. Cont. p. 561. + + *** Hist Croyl. Cont. p. 562. + + **** Stowe, p. 430. +</pre> + <p> + Many rash expressions were imputed to him, and some, too, reflecting on + Edward’s legitimacy; but he was not accused of any overt act of treason; + and even the truth of these speeches may be doubted of, since the liberty + of judgment was taken from the court, by the king’s appearing personally + as his brother’s accuser,[*] and pleading the cause against him. But a + sentence of condemnation, even when this extraordinary circumstance had + not place, was a necessary consequence, in those times, of any prosecution + by the court or the prevailing party; and the duke of Clarence was + pronounced guilty by the peers. The house of commons were no less slavish + and unjust: they both petitioned for the execution of the duke, and + afterwards passed a bill of attainder against him.[**] The measures of the + parliament, during that age, furnish us with examples of a strange + contrast of freedom and servility: they scruple to grant, and sometimes + refuse, to the king the smallest supplies, the most necessary for the + support of government, even the most necessary for the maintenance of + wars, for which the nation, as well as the parliament itself, expressed + great fondness: but they never scruple to concur in the most flagrant act + of injustice or tyranny which falls on any individual, however + distinguished by birth or merit. These maxims, so ungenerous, so opposite + to all principles of good government, so contrary to the practice of + present parliaments, are very remarkable in all the transactions of the + English history for more than a century after the period in which we are + now engaged. + </p> + <p> + The only favor which the king granted his brother after his condemnation, + was to leave him the choice of his death; and he was privately drowned in + a butt of malmsey in the Tower; a whimsical choice, which implies that he + had an extraordinary passion for that liquor. The duke left two children + by the elder daughter of the earl of Warwick; a son, created an earl by + his grandfather’s title, and a daughter, afterwards countess of Salisbury. + Both this prince and princess were also unfortunate in their end, and died + a violent death; a fate which, for many years, attended almost all the + descendants of the royal blood in England. There prevails a report, that a + chief source of the violent prosecution of the duke of Clarence, whose + name was George, was a current prophecy, that the king’s son should be + murdered by one, the initial letter of whose name was G.[***] It is not + impossible but, in those ignorant times, such a silly reason might have + some influence; but it is more probable that the whole story is the + invention of a subsequent period, and founded on the murder of these + children by the duke of Glocester. Comines remarks, that at that time the + English never were without some superstitious prophecy or other, by which + they accounted for every event. + </p> +<pre xml:space="preserve"> + * Hist. Croyl. Cont. p. 562. + + ** Stowe, p. 430. Hist. Croyl. Cont. p. 562. + + *** Hall, fol. 239. Holingshed, p. 703. Grafton, p. 741. + Polyd. Virg. p. 537. Sir Thomas More in Kennet, p. 497. +</pre> + <p> + All the glories of Edward’s reign terminated with the civil wars, where + his laurels, too, were extremely sullied with blood, violence, and + cruelty. His spirit seems afterwards to have been sunk in indolence and + pleasure, or his measures were frustrated by imprudence and the want of + foresight. There was no object on which he was more intent than to have + all his daughters settled by splendid marriages, though most of these + princesses were yet in their infancy, and though the completion of his + views, it was obvious, must depend on numberless accidents, which were + impossible to be foreseen or prevented. His eldest daughter, Elizabeth, + was contracted to the dauphin; his second, Cicely, to the eldest son of + James III., king of Scotland; his third, Anne, to Philip, only son of + Maximilian and the duchess of Burgundy; his fourth, Catharine, to John, + son and heir to Ferdinand, king of Arragon, and Isabella, queen of + Castile.[*] None of these projected marriages took place; and the king + himself saw in his lifetime the rupture of the first, that with the + dauphin, for which he had always discovered a peculiar fondness. Lewis, + who paid no regard to treaties or engagements, found his advantage in + contracting the dauphin to the princess Margaret, daughter of Maximilian, + and the king, notwithstanding his indolence, prepared to revenge the + indignity. + </p> +<pre xml:space="preserve"> + * Rymer, vol. xi. p. 110. +</pre> + <p class="side"> + 1482. + </p> + <p> + The French monarch, eminent for prudence as well as perfidy, endeavored to + guard against the blow; and by a proper distribution of presents in the + court of Scotland, he incited James to make war upon England. This prince, + who lived on bad terms with his own nobility, and whose force was very + unequal to the enterprise, levied an army; but when he was ready to enter + England, the barons, conspiring against his favorites, put them to death + without trial; and the army presently disbanded. The duke of Glocester, + attended by the duke of Albany, James’s brother, who had been banished his + country, entered Scotland at the head of an army, took Berwick, and + obliged the Scots to accept of a peace, by which they resigned that + fortress to Edward. This success imboldened the king to think more + seriously of a French war; but while he was making preparations for that + enterprise, he was seized with a distemper, of which he expired in the + forty-second year of his age, and the twenty-third of his reign; a prince + more splendid and showy than either prudent or virtuous; brave, though + cruel; addicted to pleasure, though capable of activity in great + emergencies; and less fitted to prevent ills by wise precautions, than to + remedy them, after they took place, by his vigor and enterprise. Besides + five daughters, this king left two sons; Edward, prince of Wales, his + successor, then in his thirteenth year and Richard, duke of York, in his + ninth. + </p> + <p> + <a name="link2HCH0011" id="link2HCH0011"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XXIII. + </h2> + <p> + <a name="linkimage-0016" id="linkimage-0016"> + <!-- IMG --></a> <a href="images/1_298_edward5.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_298_edward5_th.jpg" style="width:100%;" title="Edward V." alt="1_298_edward5.jpg Edward V. " /><br /> + </div> + <p> + <a name="link2H_4_0022" id="link2H_4_0022"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + EDWARD V. AND RICHARD III. + </h2> + <p class="side"> + 1483. + </p> + <p> + During the latter years of Edward IV., the nation having in a great + measure forgotten the bloody feuds between the two roses, and peaceably + acquiescing in the established government, was agitated only by some court + intrigues, which, being restrained by the authority of the king, seemed + nowise to endanger the public tranquillity. These intrigues arose from the + perpetual rivalship between two parties; one consisting of the queen and + her relations, particularly the earl of Rivers, her brother, and the + marquis of Dorset, her son; the other composed of the ancient nobility, + who envied the sudden growth and unlimited credit of that aspiring + family.[*] + </p> +<pre xml:space="preserve"> + * Sir Thomas More. p. 481. +</pre> + <p> + At the head of this latter party was the duke of Buckingham, a man of very + noble birth, of ample possessions, of great alliances, of shining parts; + who, though he had married the queen’s sister, was too haughty to act in + subserviency to her inclinations, and aimed rather at maintaining an + independent influence and authority. Lord Hastings, the chamberlain, was + another leader of the same party; and as this nobleman had, by his bravery + and activity, as well as by his approved fidelity, acquired the confidence + and favor of his master, he had been able, though with some difficulty, to + support himself against the credit of the queen. The lords Howard and + Stanley maintained a connection with these two noblemen, and brought a + considerable accession of influence and reputation to their party. All the + other barons, who had no particular dependence on the queen, adhered to + the same interest; and the people in general, from their natural envy + against the prevailing power, bore great favor to the cause of these + noblemen. + </p> + <p> + But Edward knew that, though he himself had been able to overawe those + rival factions, many disorders might arise from their contests during the + minority of his son; and he therefore took care, in his last illness, to + summon together several of the leaders on both sides, and by composing + their ancient quarrels, to provide, as far as possible, for the future + tranquillity of the government. After expressing his intentions, that his + brother, the duke of Glocester, then absent in the north, should be + intrusted with the regency, he recommended to them peace and unanimity + during the tender years of his son; represented to them the dangers which + must attend the continuance of their animosities; and engaged them to + embrace each other with all the appearance of the most cordial + reconciliation. But this temporary or feigned agreement lasted no longer + than the king’s life; he had no sooner expired, than the jealousies of the + parties broke out afresh; and each of them applied, by separate messages, + to the duke of Glocester, and endeavored to acquire his favor and + friendship. + </p> + <p> + This prince, during his brother’s reign, had endeavored to live on good + terms with both parties; and his high birth, his extensive abilities, and + his great services, had enabled him to support himself without falling + into a dependence on either. But the new situation of affairs, when the + supreme power was devolved upon him, immediately changed his measures; and + he secretly determined to preserve no longer that neutrality which he had + hitherto maintained. His exorbitant ambition, unrestrained by any + principle either of justice or humanity; made him carry his views to the + possession of the crown itself; and as this object could not be attained + without the ruin of the queen and her family, he fell, without hesitation, + into concert with the opposite party. But being sensible that the most + profound dissimulation was requisite for effecting his criminal purposes, + he redoubled his professions of zeal and attachment to that princess; and + he gained such credit with her as to influence her conduct in a point + which, as it was of the utmost importance, was violently disputed between + the opposite factions. + </p> + <p> + The young king, at the time of his father’s death, resided in the Castle + of Ludlow, on the borders of Wales; whither he had been sent, that the + influence of his presence might overawe the Welsh, and restore the + tranquillity of that country, which had been disturbed by some late + commotions. His person was committed to the care of his uncle, the earl of + Rivers, the most accomplished nobleman in England, who, having united an + uncommon taste for literature[*] to great abilities in business and valor + in the field was entitled by his talents, still more than by nearness of + blood, to direct the education of the young monarch. The queen, anxious to + preserve that ascendant over her son which she had long maintained over + her husband, wrote to the earl of Rivers, that he should levy a body of + forces, in order to escort the king to London, to protect him during his + coronation, and to keep him from falling into the hands of their + enemies.[**] The opposite faction, sensible that Edward was now of an age + when great advantages could be made of his name and countenance, and was + approaching to the age when he would be legally entitled to exert in + person his authority, foresaw that the tendency of this measure was to + perpetuate their subjection under their rivals; and they vehemently + opposed a resolution which they represented as the signal for renewing a + civil war in the kingdom. Lord Hastings threatened to depart instantly to + his government of Calais:[**] the other nobles seemed resolute to oppose + force by force: and as the duke of Glocester, on pretence of pacifying the + quarrel, had declared against all appearance of an armed power, which + might be dangerous, and was nowise necessary; the queen, trusting to the + sincerity of his friendship, and overawed by so violent an opposition, + recalled her orders to her brother, and desired him to bring up no greater + retinue than should be necessary to support the state and dignity of the + young sovereign.[***] + </p> +<pre xml:space="preserve"> + * This nobleman first introduced the noble art of printing + into England. Caxton was recommended by him to the patronage + of Edward IV. See Catalogue of Royal and Noble Authors. + + ** Hist. Croyl. Cont. p. 564, 565. + + *** Sir Thomas More, p. 483. +</pre> + <p> + The duke of Glocester, meanwhile, set out from York, attended by a + numerous train of the northern gentry. When he reached Northampton, he was + joined by the duke of Buckingham, who was also attended by a splendid + retinue; and as he heard that the king was hourly expected on that road, + he resolved to await his arrival, under color of conducting him thence in + person to London. The earl of Rivers, apprehensive that the place would be + too narrow to contain so many attendants, sent his pupil forward by + another road to Stony Stratford; and came himself to Northampton, in order + to apologize for this measure, and to pay his respects to the duke of + Glocester. He was received with the greatest appearance of cordiality: he + passed the evening an an amicable manner with Glocester and Buckingham: he + proceeded on the road with them next day to join the king: but as he was + entering Stony Stratford, he was arrested by orders from the duke of + Glocester:[*] Sir Richard Gray, one of the queen’s sons, was at the same + time put under a guard, together with Sir Thomas Vaughan, who possessed a + considerable office in the king’s household; and all the prisoners were + instantly conducted to Pomfret. Glocester approached the young prince with + the greatest demonstrations of respect; and endeavored to satisfy him with + regard to the violence committed on his uncle and brother: but Edward, + much attached to these near relations, by whom he had been tenderly + educated, was not such a master of dissimulation as to conceal his + displeasure.[**] + </p> + <p> + The people, however, were extremely rejoiced at this revolution; and the + duke was received in London with the loudest acclamations: but the queen + no sooner received intelligence of her brother’s imprisonment, than she + foresaw that Glocester’s violence would not stop there, and that her own + ruin, if not that of all her children, was finally determined. She + therefore fled into the sanctuary of Westminster, attended by the marquis + of Dorset; and she carried thither the five princesses, together with the + duke of York.[***] + </p> +<pre xml:space="preserve"> + * Hist. Croyl. Cont. p. 564, 565. + + ** Sir Thomas More. + + *** Hist. Croyl. Cont. p. 565. +</pre> + <p> + She trusted that the ecclesiastical privileges, which had formerly, during + the total ruin of her husband and family, given her protection against the + fury of the Lancastrian faction, would not now be violated by her + brother-in-law, while her son was on the throne; and she resolved to await + there the return of better fortune. But Glocester, anxious to have the + duke of York in his power, proposed to take him by force from the + sanctuary; and he represented to the privy council both the indignity put + upon the government by the queen’s ill-grounded apprehensions, and the + necessity of the young prince’s appearance at the ensuing coronation of + his brother. It was further urged, that ecclesiastical privileges were + originally intended only to give protection to unhappy men persecuted for + their debts or crimes; and were entirely useless to a person who, by + reason of his tender age, could lie under the burden of neither, and who, + for the same reason, was utterly incapable of claiming security from any + sanctuary. But the two archbishops, Cardinal Bourchier, the primate, and + Rotherhand, archbishop of York, protesting against the sacrilege of this + measure, it was agreed that they should first endeavor to bring the queen + to compliance by persuasion, before any violence should be employed + against her. These prelates were persons of known integrity and honor; and + being themselves entirely persuaded of the duke’s good intentions, they + employed every argument, accompanied with earnest entreaties, + exhortations, and assurances, to bring her over to the same opinion. She + long continued obstinate, and insisted that the duke of York, by living in + the sanctuary, was not only secure himself, but gave security to the king, + whose life no one would dare to attempt while his successor and avenger + remained in safety. But finding that none supported her in these + sentiments, and that force, in case of refusal, was threatened by the + council, she at last complied, and produced her son to the two prelates. + She was here on a sudden struck with a kind of presage of his future fate: + she tenderly embraced him; she bedewed him with her tears; and bidding him + an eternal adieu, delivered him, with many expressions of regret and + reluctance, into their custody.[*] + </p> + <p> + The duke of Glocester, being the nearest male of the royal family capable + of exercising the government, seemed entitled, by the customs of the + realm, to the office of protector; and the council, not waiting for the + consent of parliament, made no scruple of investing him with that high + dignity.[**] + </p> +<pre xml:space="preserve"> + * Sir Thomas More, p. 491. + + ** Hist. Croyl. Cont, p. 566. +</pre> + <p> + The general prejudice entertained by the nobility against the queen and + her kindred, occasioned this precipitation and irregularity; and no one + foresaw any danger to the succession, much less to the lives of the young + princes, from a measure so obvious and so natural. Besides that the duke + had hitherto been able to cover, by the most profound dissimulation, his + fierce and savage nature, the numerous issue of Edward, together with the + two children of Clarence, seemed to be an eternal obstacle to his + ambition; and it appeared equally impracticable for him to destroy so many + persons possessed of a preferable title, and imprudent to exclude them. + But a man who had abandoned all principles of honor and humanity, was soon + carried by his predominant passion beyond the reach of fear or precaution; + and Glocester, having so far succeeded in his views, no longer hesitated + in removing the other obstructions which lay between him and the throne. + The death of the earl of Rivers, and of the other prisoners detained in + Pomfret, was first determined; and he easily obtained the consent of the + duke of Buckingham, as well as of Lord Hastings, to this violent and + sanguinary measure. However easy it was, in those times, to procure a + sentence against the most innocent person, it appeared still more easy to + despatch an enemy without any trial or form of process; and orders were + accordingly issued to Sir Richard Ratcliffe, a proper instrument in the + hands of this tyrant, to cut off the heads of the prisoners. The protector + then assailed the fidelity of Buckingham by all the arguments capable of + swaying a vicious mind, which knew no motive of action but interest and + ambition. He represented that the execution of persons so nearly related + to the king, whom that prince so openly professed to love, and whose fate + he so much resented, would never pass unpunished; and all the actors in + that scene were bound in prudence to prevent the effects of his future + vengeance: that it would be impossible to keep the queen forever at a + distance from her son, and equally impossible to prevent her from + instilling into his tender mind the thoughts of retaliating, by like + executions, the sanguinary insults committed on her family: that the only + method of obviating these mischiefs was to put the sceptre in the hands of + a man of whose friendship the duke might be assured, and whose years and + experience taught him to pay respect to merit and to the rights of ancient + nobility: and that the same necessity which had carried them so far in + resisting the usurpation of these intruders, must justify them in + attempting further innovations, and in making, by national consent, a new + settlement of the succession. To these reasons he added the offers of + great private advantages to the duke of Buckingham; and he easily obtained + from him a promise of supporting him in all his enterprises. + </p> + <p> + The duke of Glocester, knowing the importance of gaining Lord Hastings, + sounded at a distance his sentiments, by means of Catesby, a lawyer, who + lived in great intimacy with that nobleman; but found him impregnable in + his allegiance and fidelity to the children of Edward, who had ever + honored him with his friendship.[*] He saw, therefore, that there were no + longer any measures to be kept with him; and he determined to ruin utterly + the man whom he despaired of engaging to concur in his usurpation. On the + very day when Rivers, Gray, and Vaughan were executed, or rather murdered, + at Poinfret by the advice of Hastings, the protector summoned a council in + the Tower; whither that nobleman, suspecting no design against him, + repaired without hesitation. + </p> +<pre xml:space="preserve"> + * Sir Thomas More. p. 493. +</pre> + <p> + The duke of Glocester was capable of committing the most bloody and + treacherous murders with the utmost coolness and indifference. On taking + his place at the council-table, he appeared in the easiest and most jovial + humor imaginable. He seemed to indulge himself in familiar conversation + with the counsellors, before they should enter on business, and having + paid some compliments to Morton, bishop of Ely, on the good and early + strawberries which he raised in his garden at Holborn, he begged the favor + of having a dish of them, which that prelate immediately despatched a + servant to bring to him. The protector then left the council, as if called + away by some other business; but soon after returning with an angry and + inflamed countenance, he asked them, what punishment those deserved that + had plotted against his life, who was so nearly related to the king, and + was intrusted with the administration of government. Hastings replied, + that they merited the punishment of traitors. “These traitors,” cried the + protector, “are the sorceress, my brother’s wife, and Jane Shore, his + mistress, with others their associates: see to what a condition they have + reduced me by their incantations and witchcraft:” upon which he laid bare + his arm, all shrivelled and decayed. But the counsellors, who knew that + this infirmity had attended him from his birth, looked on each other with + amazement; and, above all, Lord Hastings, who, as he had since Edward’s + death engaged in an intrigue with Jane Shore,[*] <a href="#linknote-20" + name="linknoteref-20" id="linknoteref-20">20</a> was naturally anxious + concerning the issue of these extraordinary proceedings. + </p> +<pre xml:space="preserve"> + * See note T, at the end of the volume. +</pre> + <p> + “Certainly, my lord,” said he, “if they be guilty of these crimes, they + deserve the severest punishment.” “And do you reply to me,” exclaimed the + protector, “with your ifs and your ands? You are the chief abettor of that + witch, Shore: you are yourself a traitor; and I swear by St. Paul, that I + will not dine before your head be brought me,” He struck the table with + his hand: armed men rushed in at the signal: the counsellors were thrown + into the utmost consternation: and one of the guards, as if by accident or + mistake, aimed a blow with a pole-axe at Lord Stanley, who, aware of the + danger, slunk under the table; and though he saved his life, he received a + severe wound in the head, in the protector’s presence. Hastings was + seized, was hurried away, and instantly beheaded on a timber-log, which + lay in the court of the Tower.[*] Two hours after, a proclamation, well + penned, and fairly written, was read to the citizens of London, + enumerating his offenses, and apologizing to them, from the suddenness of + the discovery, for the sudden execution of that nobleman, who was very + popular among them; but the saying of a merchant was much talked of on the + occasion, who remarked, that the proclamation was certainly drawn by the + spirit of prophecy.[**] + </p> +<pre xml:space="preserve"> + * Hist Croyl. Cont. p. 566. + + ** Sir Thomas More, p. 496. +</pre> + <p> + Lord Stanley, the archbishop of York, the bishop of Ely, and other + counsellors, were committed prisoners in different chambers of the Tower; + and the protector, in order to carry on the farce of his accusations, + ordered the goods of Jane Shore to be seized; and he summoned her to + answer before the council for sorcery and witchcraft. But as no proofs, + which could be received even in that ignorant age, were produced against + her, he directed her to be tried in the spiritual court for her adulteries + and lewdness; and she did penance in a white sheet in St. Paul’s, before + the whole people. This lady was born of reputable parents in London, was + well educated, and married to a substantial citizen; but unhappily views + of interest, more than the maid’s inclinations, had been consulted in the + match, and her mind, though framed for virtue, had proved unable to resist + the allurements of Edward, who solicited her favors. But while seduced + from her duty by this gay and amorous monarch, she still made herself + respectable by her other virtues; and the ascendant which her charms and + vivacity long maintained over him, was all employed in acts of beneficence + and humanity. She was still forward to oppose calumny, to protect the + oppressed, to relieve the indigent; and her good offices, the genuine + dictates of her heart, never waited the solicitation of presents, or the + hopes of reciprocal services. But she lived not only to feel the + bitterness of shame imposed on her by this tyrant, but to experience, in + old age and poverty, the ingratitude of those courtiers who had long + solicited her friendship, and been protected by her credit. No one, among + the great multitudes whom she had obliged, had the humanity to bring her + consolation or relief; she languished out her life in solitude and + indigence; and amidst a court inured to the most atrocious crimes, the + frail ties of this woman justified all violations of friendship towards + her, and all neglect of former obligations. + </p> + <p> + These acts of violence, exercised against all the nearest connections of + the late king, prognosticated the severest fate to his defenceless + children; and after the murder of Hastings, the protector no longer made a + secret of his intentions to usurp the crown. The licentious life of + Edward, who was not restrained in his pleasures either by honor or + prudence, afforded a pretence for declaring his marriage with the queen + invalid, and all his posterity illegitimate. It was asserted that, before + espousing the lady Elizabeth Gray, he had paid court to the lady Eleanor + Talbot, daughter of the earl of Shrewsbury; and being repulsed by the + virtue of that lady, he was obliged, ere he could gratify his desires, to + consent to a private marriage, without any witnesses, by Stillington, + bishop of Bath, who afterwards divulged the secret.[*] + </p> +<pre xml:space="preserve"> + * Hist. Croyl. Cont. p. 567. Comines. Sir Thomas More, p. + 482. +</pre> + <p> + It was also maintained that the act of attainder passed against the duke + of Clarence, had virtually incapacitated his children from succeeding to + the crown; and these two families being set aside, the protector remained + the only true and legitimate heir of the house of York. But as it would be + difficult, if not impossible, to prove the preceding marriage of the late + king, and as the rule which excludes the heirs of an attainted blood from + private successions was never extended to the crown, the protector + resolved to make use of another plea, still more shameful and scandalous. + His partisans were taught to maintain, that both Edward IV. and the duke + of Clarence were illegitimate; that the duchess of York had received + different lovers into her bed, who were the fathers of these children, + that, their resemblance to those gallants was a sufficient proof of their + spurious birth; and that the duke of Glocester alone, of all her sons, + appeared by his features and countenance to be the true offspring of the + duke of York. Nothing can be imagined more impudent than this assertion, + which threw so foul an imputation on his own mother, a princess of + irreproachable virtue, and then alive; yet the place chosen for first + promulgating it was the pulpit, before a large congregation, and in the + protector’s presence. Dr. Shaw was appointed to preach in St. Paul’s; and + having chosen this passage for his text “Bastards lips shall not thrive,” + he enlarged on all the topics which could discredit the birth of Edward + IV., the duke of Clarence, and of all their children. He then broke out in + a panegyric on the duke of Glocester; and exclaimed, “Behold this + excellent prince, the express image of his noble father, the genuine + descendant of the house of York; bearing no less in the virtues of his + mind than in the features of his countenance the character of the gallant + Richard, once your hero and favorite: he alone is entitled to your + allegiance: he must deliver you from the dominion of all intruders: he + alone can restore the lost glory and honor of the nation.” It was + previously concerted, that as the doctor should pronounce these words, the + duke of Glocester should enter the church; and it was expected that the + audience would cry out, “God save King Richard;” which would immediately + have been laid hold of as a popular consent, and interpreted to be the + voice of the nation; but by a ridiculous mistake, worthy of the whole + scene, the duke did not appear till after this exclamation was already + recited by the preacher. The doctor was therefore obliged to repeat his + rhetorical figure out of its proper place: the audience, less from the + absurd conduct of the discourse than from their detestation of these + proceedings, kept a profound silence: and the protector and his preacher + were equally abashed at the ill success of their stratagem. + </p> + <p> + But the duke was too far advanced to recede from his criminal and + ambitious purpose. A new expedient was tried to work on the people. The + mayor, who was brother to Dr. Shaw, and entirely in the protector’s + interests, called an assembly of the citizens; where the duke of + Buckingham, who possessed some talents for eloquence, harangued them on + the protector’s title to the crown, and displayed those numerous virtues + of which he pretended that prince was possessed. He next asked them + whether they would have the duke for king; and then stopped, in + expectation of hearing the cry, “God save King Richard.” He was surprised + to observe them silent; and turning about to the mayor, asked him the + reason. The mayor replied, that perhaps they did not understand him. + Buckingham then repeated his discourse with some variation. enforced the + same topics, asked the same question, and was received with the same + silence. “I now see the cause,” said the mayor; “the citizens are not + accustomed to be harangued by any but their recorder; and know not how to + answer a person of your grace’s quality.” The recorder, Fitz-Williams, was + then commanded to repeat the substance of the duke’s speech; but the man, + who was averse to the office, took care, throughout his whole discourse, + to have it understood that he spoke nothing of himself, and that he only + conveyed to them the sense of the duke of Buckingham. Still the audience + kept a profound silence. “This is wonderful obstinacy,” cried the duke: + “express your meaning, my friends, one way or other: when we apply to you + on this occasion, it is merely from the regard which we bear to you. The + lords and commons have sufficient authority, without your consent, to + appoint a king: but I require you here to declare, in plain terms, whether + or not you will have the duke of Glocester for your sovereign.” After all + these efforts, some of the meanest apprentices, incited by the protector’s + and Buckingham’s servants, raised a feeble cry, “God save King + Richard:”[*] the sentiments of the nation were now sufficiently declared: + the voice of the people was the voice of God: and Buckingham, with the + mayor, hastened to Baynard’s Castle, where the protector then resided, + that they might make him a tender of the crown. + </p> +<pre xml:space="preserve"> + * Sir Thomas More, p. 496. +</pre> + <p> + When Richard was told that a great multitude was in the court, he refused + to appear to them, and pretended to be apprehensive for his personal + safety; a circumstance taken notice of by Buckingham, who observed to the + citizens that the prince was ignorant of the whole design. At last he was + persuaded to step forth, but he still kept at some distance; and he asked + the meaning of their intrusion and importunity. Buckingham told him that + the nation was resolved to have him for king: the protector declared his + purpose of maintaining his loyalty to the present sovereign, and exhorted + them to adhere to the same resolution. He was told that the people had + determined to have another prince; and if he rejected their unanimous + voice, they must look out for one who would be more compliant. This + argument was too powerful to be resisted: he was prevailed on to accept of + the crown: and he thenceforth acted as legitimate and rightful sovereign. + </p> + <p> + This ridiculous force was soon after followed by a scene truly tragical; + the murder of the two young princes. Richard gave orders to Sir Robert + Brakenbury, constable of the Tower, to put his nephews to death; but this + gentleman, who had sentiments of honor, refused to have any hand in the + infamous office. The tyrant then sent for Sir James Tyrrel, who promised + obedience: and he ordered Brakenbury to resign to this gentleman the keys + and government of the Tower for one night. Tyrre, choosing three + associates, Slater, Dighton, and Forest, came in the night-time to the + door of the chamber where the princes were lodged; and sending in the + assassins he bade them execute their commission, while he himself staid + without. They found the young princes in bed, and fallen into a profound + sleep. After suffocating them with the bolster and pillows, they showed + their naked bodies to Tyrrel, who ordered them to be buried at the foot of + the stairs, deep in the ground, under a heap of stones.[*] These + circumstances were all confessed by the actors in the following reign; and + they were never punished for the crime; probably because Henry, whose + maxims of government were extremely arbitrary, desired to establish it as + a principle, that the commands of the reigning sovereign ought to justify + every enormity in those who paid obedience to them. But there is one + circumstance not so easy to be accounted for: it is pretended that + Richard, displeased with the indecent manner of burying his nephews, whom + he had murdered, gave his chaplain orders to dig up the bodies, and to + inter them in consecrated ground; and as the man died soon after, the + place of their burial remained unknown, and the bodies could never be + found by any search which Henry could make for them. Yet in the reign of + Charles II., when there was occasion to remove some stones and to dig in + the very spot which was mentioned as the place of their first interment, + the bones of two persons were there found, which by their size exactly + corresponded to the age of Edward and his brother: they were concluded + with certainty to be the remains of those princes, and were interred under + a marble monument by orders of King Charles.[**] Perhaps Richard’s + chaplain had died before he found an opportunity of executing his master’s + commands; and the bodies being supposed to be already removed, a diligent + search was not made for them by Henry in the place where they had been + buried. + </p> +<pre xml:space="preserve"> + * Sir Thomas More, p. 501. + + ** Kennet, p. 551. +</pre> + <p> + <a name="link2HCH0012" id="link2HCH0012"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XXIII. + </h2> + <p> + <a name="linkimage-0017" id="linkimage-0017"> + <!-- IMG --></a> <a href="images/1_301_richard3.jpg" style="width:100%;" >ENLARGE</a> + </p> + <div class="fig" style="width:60%;"> + <img src="images/1_301_richard3_th.jpg" style="width:100%;" title="Richard III." alt="1_301_richard3.jpg Richard III. " /><br /> + </div> + <p> + <a name="link2H_4_0024" id="link2H_4_0024"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + RICHARD III. + </h2> + <p class="side"> + 1483. + </p> + <p> + The first acts of Richard’s administration were to bestow rewards on those + who had assisted him in usurping the crown, and to gain by favors those + who, he thought, were best able to support his future government. Thomas + Lord Howard was created duke of Norfolk; Sir Thomas Howard, his son, earl + of Surrey; Lord Lovel, a viscount by the same name; even Lord Stanley was + set at liberty, and made steward of the household. This nobleman had + become obnoxious by his first opposition to Richard’s views, and also by + his marrying the countess dowager of Richmond, heir of the Somerset + family; but sensible of the necessity of submitting to the present + government, he feigned such zeal for Richard’s service, that he was + received into favor, and even found means to be intrusted with the most + important commands by that politic and jealous tyrant. + </p> + <p> + But the person who, both from the greatness of his services and the power + and splendor of his family, was best entitled to favors under the new + government, was the duke of Buckingham; and Richard seemed determined to + spare no pains or bounty in securing him to his interests. Buckingham was + descended from a daughter of Thomas of Woodstock, duke of Glocester, uncle + to Richard II.; and by this pedigree he not only was allied to the royal + family, but had claims for dignities as well as estates of a very + extensive nature. The duke of Glocester, and Henry, earl of Derby, + afterwards Henry IV. had married the two daughters and coheirs of Bohun, + earl of Hereford, one of the greatest of the ancient barons, whose immense + property came thus to be divided into two shares. One was inherited by the + family of Buckingham; the other was united to the crown by the house of + Lancaster, and, after the attainder of that royal line, was seized, as + legally devolved to them, by the sovereigns of the house of York. The duke + of Buckingham laid hold of the present opportunity, and claimed the + restitution of that portion of the Hereford estate which had escheated to + the crown, as well as of the great office of constable, which had long + continued by inheritance in his ancestors of that family. Richard readily + complied with these demands, which were probably the price stipulated to + Buckingham for his assistance in promoting the usurpation. That nobleman + was invested with the office of constable; he received a grant of the + estate of Hereford;[*] many other dignities and honors were conferred upon + him; and the king thought himself sure of preserving the fidelity of a man + whose interests seemed so closely connected with those of the present + government. + </p> +<pre xml:space="preserve"> + * Dugdale’s Baron. vol. i. p. 168, 169. +</pre> + <p> + But it was impossible that friendship could long remain inviolate between + two men of such corrupt minds as Richard and the duke of Buckingham. + Historians ascribe their first rupture to the king’s refusal of making + restitution of the Hereford estate; but it is certain from records, that + he passed a grant for that purpose, and that the full demands of + Buckingham were satisfied in this particular. Perhaps Richard was soon + sensible of the danger which might ensue from conferring such an immense + property on a man of so turbulent a disposition, and afterwards raised + difficulties about the execution of his own grant: perhaps he refused some + other demands of Buckingham, whom he found it impossible to gratify for + his past services: perhaps he resolved, according to the usual maxim of + politicians, to seize the first opportunity of ruining this powerful + subject, who had been the principal instrument of his own elevation; and + the discovery of this intention begat the first discontent in the duke of + Buckingham. However this may be, it is certain that the duke, soon after + Richard’s accession, began to form a conspiracy against the government, + and attempted to overthrow that usurpation which he himself had so + zealously contributed to establish. + </p> + <p> + Never was there in any country a usurpation more flagrant than that of + Richard, or more repugnant to every principle of justice and public + interest. His claim was entirely founded on impudent allegations, never + attempted to be proved; some of them incapable of proof, and all of their + implying scandalous reflections on his own family, and on the persons with + whom he was the most nearly connected. His title was never acknowledged by + any national assembly, scarcely even by the lowest populace to whom he + appealed; and it had become prevalent merely for want of some person of + distinction, who might stand forth against him, and give a voice to those + sentiments of general detestation which arose in every bosom. Were men + disposed to pardon these violations of public right, the sense of private + and domestic duty, which is not to be effaced in the most barbarous times, + must have, begotten an abhorrence against him; and have represented the + murder of the young and innocent princes, his nephews, with whose + protection he had been intrusted, in the most odious colors imaginable. To + endure such a bloody usurper seemed to draw disgrace upon the nation, and + to be attended with immediate danger to every individual who was + distinguished by birth, merit, or services. Such was become the general + voice of the people; all parties were united in the same sentiments; and + the Lancastrians, so long oppressed, and of late so much discredited, felt + their blasted hopes again revive, and anxiously expected the consequences + of these extraordinary events. The duke of Buckingham, whose family had + been devoted to that interest, and who, by his mother, a daughter of + Edmund, duke of Somerset, was allied to the house of Lancaster, was easily + induced to espouse the cause of this party, and to endeavor the restoring + of it to its ancient superiority. Morton, bishop of Ely, a zealous + Lancastrian, whom the king had imprisoned, and had afterwards committed to + the custody of Buckingham, encouraged these sentiments; and by his + exhortations the duke cast his eye towards the young earl of Richmond, as + the only person who could free the nation from the tyranny of the present + usurper.[*] + </p> +<pre xml:space="preserve"> + * Hist. Croyl. Cont. p. 568. +</pre> + <p> + Henry, earl of Richmond, was at this time detained in a kind of honorable + custody by the duke of Brittany; and his descent, which seemed to give him + some pretensions to the crown, had been a great object of jealousy both in + the late and in the present reign. John, the first duke of Somerset who + was grandson of John of Gaunt, by a spurious branch but legitimated by act + of parliament, had left only one daughter, Margaret; and his younger + brother, Edmund, had succeeded him in his titles, and in a considerable + part of his fortune. Margaret had espoused Edmund, earl of Richmond, half + brother of Henry VI., and son of Sir Owen Tudor and Catharine of France, + relict of Henry V., and she bore him only one son, who received the name + of Henry, and who, after his father’s death, inherited the honors and + fortune of Richmond. His mother, being a widow, had espoused in second + marriage Sir Henry Stafford, uncle to Buckingham, and after the death of + that gentleman, had married Lord Stanley; but had no children by either of + these husbands; and her son Henry was thus, in the event of her death, the + sole heir of all her fortunes. But this was not the most considerable + advantage which he had reason to expect from her succession: he would + represent the elder branch of the house of Somerset; he would inherit all + the title of that family to the crown; and though its claim, while any + legitimate branch subsisted of the house of Lancaster, had always been + much disregarded, the zeal of faction, after the death of Henry VI., and + the murder of Prince Edward, immediately conferred a weight and + consideration upon it. + </p> + <p> + Edward IV., finding that all the Lancastrians had turned their attention + towards the young earl of Richmond as the object of their hopes, thought + him also worthy of his attention; and pursued him into his retreat in + Brittany, whither his uncle, the earl of Pembroke, had carried him, after + the battle of Tewkesbury, so fatal to his party. He applied to Francis + II., duke of Brittany, who was his ally; a weak, but a good prince; and + urged him to deliver up this fugitive, who might be the source of future + disturbances in England; but the duke, averse to so dishonorable a + proposal, would only consent that, for the security of Edward, the young + nobleman should be detained in custody; and he received an annual pension + from England for the safe keeping or the subsistence of his prisoner. But + towards the end of Edward’s reign, when the kingdom was menaced with a war + both from France and Scotland, the anxieties of the English court with + regard to Henry were much increased; and Edward made a new proposal to the + duke, which covered, under the fairest appearances, the most bloody and + treacherous intentions. He pretended that he was desirous of gaining his + enemy, and of uniting him to his own family by a marriage with his + daughter Elizabeth; and he solicited to have him sent over to England, in + order to execute a scheme which would redound so much to his advantage. + These pretences, seconded, as is supposed, by bribes to Peter Landais, a + corrupt minister, by whom the duke was entirely governed, gained credit + with the court of Brittany: Henry was delivered into the hands of the + English agents, he was ready to embark; when a suspicion of Edward’s real + design was suggested to the duke, who recalled his orders, and thus saved + the unhappy youth from the imminent danger which hung over him. + </p> + <p> + These symptoms of continued jealousy in the reigning family of England, + both seemed to give some authority to Henry’s pretensions, and made him + the object of general favor and compassion, on account of the dangers and + persecutions to which he was exposed. The universal detestation of + Richard’s conduct turned still more the attention of the nation towards + Henry; and as all the descendants of the house of York were either women + or minors, he seemed to be the only person from whom the nation could + expect the expulsion of the odious and bloody tyrant. But notwithstanding + these circumstances, which were so favorable to him, Buckingham and the + bishop of Ely well knew that there would still be many obstacles in his + way to the throne; and that, though the nation had been much divided + between Henry VI. and the duke of York, while present possession and + hereditary right stood in opposition to each other, yet as soon as these + titles were united in Edward IV., the bulk of the people had come over to + the reigning family; and the Lancastrians had extremely decayed, both in + numbers and in authority. It was therefore suggested by Morton, and + readily assented to by the duke, that the only means of overturning the + present usurpation, was to unite the opposite factions, by contracting a + marriage between the earl of Richmond and the princess Elizabeth, eldest + daughter of King Edward, and thereby blending together the opposite + pretensions of their families, which had so long been the source of public + disorders and convulsions. They were sensible, that the people were + extremely desirous of repose after so many bloody and destructive + commotions; that both Yorkists and Lancastrians, who now lay equally under + oppression, would embrace this scheme with ardor; and that the prospect of + reconciling the two parties, which was in itself so desirable an end, + would, when added to the general hatred against the present government, + render their cause absolutely invincible. In consequence of these views, + the prelate, by means of Reginald Bray, steward to the countess of Rich-* + *mond, first opened the project of such a union to that lady; and the plan + appeared so advantageous for her son, and at the same time so likely to + succeed, that it admitted not of the least hesitation. Dr. Lewis, a Welsh + physician, who had access to the queen dowager in her sanctuary, carried + the proposals to her, and found that revenge for the murder of her brother + and of her three sons, apprehensions for her surviving family, and + indignation against her confinement, easily overcame all her prejudices + against the house of Lancaster, and procured her approbation of a + marriage, to which the age and birth, as well as the present situation of + the parties, seemed so naturally to invite them. She secretly borrowed a + sum of money in the city, sent it over to the earl of Richmond, required + his oath to celebrate the marriage as soon as he should arrive in England, + advised him to levy as many foreign forces as possible, and promised to + join him on his first appearance, with all the friends and partisans of + her family. + </p> + <p> + The plan being thus laid upon the solid foundations of good sense and + sound policy, it was secretly communicated to the principal persons of + both parties in all the counties of England; and a wonderful alacrity + appeared in every order of men to forward its success and completion. But + it was impossible that so extensive a conspiracy could be conducted in so + secret a manner, as entirely to escape the jealous and vigilant eye of + Richard; and he soon received intelligence, that his enemies, headed by + the duke of Buckingham, were forming some design against his authority. He + immediately put himself in a posture of defence, by levying troops in the + north; and he summoned the duke to appear at court, in such terms as + seemed to promise him a renewal of their former amity. But that nobleman, + well acquainted with the barbarity and treachery of Richard, replied only + by taking arms in Wales, and giving the signal to his accomplices for a + general insurrection in all parts of England. But at that very time there + happened to fall such heavy rains, so incessant and continued, as exceeded + any known in the memory of man; and the Severn, with the other rivers in + that neighborhood, swelled to a height which rendered them impassable, and + prevented Buckingham from marching into the heart of England to join his + associates. The Welshmen, partly moved by superstition at this + extraordinary event, partly distressed by famine in their camp, fell off + from him; and Buckingham, finding himself deserted by his followers, put + on a disguise, and took shelter in the house of Banister, an old servant + of his family. But being detected in his retreat, he was brought to the + king at Salisbury; and was instantly executed, according to the summary + method practised in that age.[*] The other conspirators, who took arms in + four different places, at Exeter, at Salisbury, it Newbury, and at + Maidstone, hearing of the duke of Buckingham’s misfortunes, despaired of + success, and immediately dispersed themselves. + </p> + <p> + The marquis of Dorset and the bishop of Ely made their escape beyond sea; + many others were equally fortunate; several fell into Richard’s hands, of + whom he made some examples. His executions seem not to have been + remarkably severe; though we are told of one gentleman, William + Colingbourne, who suffered under color of this rebellion, but in reality + for a distich of quibbling verses which he had composed against Richard + and his ministers.[*] + </p> +<pre xml:space="preserve"> + * Hist. Croyl. Cont. p. 568. + The lines were— + + “The Rat, the Cat, and Lovel that Dog, + Rule all England under the Hog;” + </pre> + <p> + The earl of Richmond, in concert with his friends, had set sail from St. + Malo’s, carrying on board a body of five thousand men, levied in foreign + parts; but his fleet being at first driven back by a storm, he appeared + not on the coast of England till after the dispersion of all his friends; + and he found himself obliged to return to the court of Brittany. + </p> + <p class="side"> + 1484. + </p> + <p> + The king, every where triumphant, and fortified by this unsuccessful + attempt to dethrone him, ventured at last to summon a parliament; a + measure which his crimes and flagrant usurpation had induced him hitherto + to decline. Though it was natural that the parliament, in a contest of + national parties, should always adhere to the victor, he seems to have + apprehended, lest his title, founded on no principle, and supported by no + party, might be rejected by that assembly. But his enemies being now at + his feet, the parliament had no choice left but to recognize his + authority, and acknowledge his right to the crown. His only son, Edward, + then a youth of twelve years of age, was created prince of Wales: the + duties of tonnage and poundage were granted to the king for life; and + Richard, in order to reconcile the nation to his government, passed some + popular laws, particularly one alluding to the names of Ratcliffe and + Catesby; and to Richard’s arms, which were a boar, against the late + practice of extorting money on pretence of benevolence. + </p> + <p> + All the other measures of the king tended to the same object. Sensible + that the only circumstance which could give him security, was to gain the + confidence of the Yorkists, he paid court to the queen dowager with such + art and address, made such earnest protestations of his sincere good-will + and friendship, that this princess, tired of confinement, and despairing + of any success from her former projects, ventured to leave her sanctuary, + and to put herself and her daughters into the hands of the tyrant. But he + soon carried further his views for the establishment of his throne. He had + married Anne, the second daughter of the earl of Warwick, and widow of + Edward, prince of Wales, whom Richard himself had murdered; but this + princess having born him but one son, who died about this time, he + considered her as an invincible obstacle to the settlement of his fortune, + and he was believed to have carried her off by poison; a crime for which + the public could not be supposed to have any solid proof, but which the + usual tenor of his conduct made it reasonable to suspect. He now thought + it in his power to remove the chief perils which threatened his + government. The earl of Richmond, he knew, could never be formidable but + from his projected marriage with the princess Elizabeth, the true heir of + the crown; and he therefore intended, by means of a papal dispensation, to + espouse, himself, this princess, and thus to unite in his own family their + contending titles. The queen dowager, eager to recover her lost authority, + neither scrupled this alliance, which was very unusual in England, and was + regarded as incestuous, nor felt any horror at marrying her daughter to + the murderer of her three sons and of her brother: she even joined so + farther interests with those of the usurper, that she wrote to all her + partisans, and among the rest to her son, the marquis of Dorset, desiring + them to withdraw from the earl of Richmond; an injury which the earl could + never afterwards forgive: the court of Rome was applied to for a + dispensation: Richard thought that he could easily defend himself during + the interval, till it arrived; and he had afterwards the agreeable + prospect of a full and secure settlement. He flattered himself that the + English nation, seeing all danger removed of a disputed succession, would + then acquiesce under the dominion of a prince who was of mature years, of + great abilities, and of a genius qualified for government; and that they + would forgive him all the crimes which he had committed in paving his way + to the throne. + </p> + <p> + But the crimes of Richard were so horrid and so shocking to humanity, that + the natural sentiments of men, without any political or public views, were + sufficient to render his government unstable; and every person of probity + and honor was earnest to prevent the sceptre from being any longer + polluted by that bloody and faithless hand which held it. All the exiles + flocked to the earl of Richmond in Brittany, and exhorted him to hasten + his attempt for a new invasion, and to prevent the marriage of the + princess Elizabeth, which must prove fatal to all his hopes. The earl, + sensible of the urgent necessity, but dreading the treachery of Peter + Landais, who had entered into a negotiation with Richard for betraying + him, was obliged to attend only to his present safety; and he made his + escape to the court of France. The ministers of Charles VIII., who had now + succeeded to the throne after the death of his father, Lewis, gave him + countenance and protection; and being desirous of raising disturbance to + Richard, they secretly encouraged the earl in the levies which he made for + the support of his enterprise upon England. The earl of Oxford, whom + Richard’s suspicions had thrown into confinement, having made his escape, + here joined Henry; and inflamed his ardor for the attempt, by a favorable + account which he brought of the dispositions of the English nation, and + their universal hatred of Richard’s crimes and usurpation. + </p> + <p class="side"> + 1485. + </p> + <p> + The earl of Richmond set sail from Harfleur, in Normandy, with a small + army of about two thousand men; and after a navigation of six days, he + arrived at Milford Haven, in Wales, where he landed without opposition. He + directed his course to that part of the kingdom, in hopes that the Welsh, + who regarded him as their countryman, and who had been already + prepossessed in favor of his cause by means of the duke of Buckingham, + would join his standard, and enable him to make head against the + established government. Richard, who knew not in what quarter he might + expect the invader, had taken post at Nottingham, in the centre of the + kingdom; and having given commissions to different persons in the several + counties, whom he empowered to oppose his enemy, he purposed in person to + fly, on the first alarm, to the place exposed to danger. Sir Rice ap + Thomas and Sir Walter Herbert were intrusted with his authority in Wales; + but the former immediately deserted to Henry; the second made but feeble + opposition to him; and the earl, advancing towards Shrewsbury, received + every day some reënforcement from his partisans. Sir Gilbert Talbot joined + him with all the vassals and retainers of the family of Shrewsbury: Sir + Thomas Bourchier and Sir Walter Hungerford brought their friends to share + his fortunes; and the appearance of men of distinction in his camp made + already his cause wear a favorable aspect. + </p> + <p> + But the danger to which Richard was chiefly exposed, proceeded not so much + from the zeal of his open enemies, as from the infidelity of his pretended + friends. Scarce any nobleman of distinction was sincerely attached to his + cause, except the duke of Norfolk; and all those who feigned the most + loyalty were only watching for an opportunity to betray and desert him. + But the persons of whom he entertained the greatest suspicion, were Lord + Stanley and his brother Sir William, whose connections with the family of + Richmond, notwithstanding their professions of attachment to his person, + were never entirely forgotten or overlooked by him. When he empowered Lord + Stanley to levy forces, he still retained his eldest son, Lord Strange, as + a pledge for his fidelity; and that nobleman was, on this account, obliged + to employ great caution and reserve in his proceedings. He raised a + powerful body of his friends and retainers in Cheshire and Lancashire, but + without openly declaring himself: and though Henry had received secret + assurances of his friendly intentions, the armies on both sides knew not + what to infer from his equivocal behavior. The two rivals at last + approached each other, at Bosworth near Leicester; Henry at the head of + six thousand men, Richard with an army of above double the number; and a + decisive action was every hour expected between them. Stanley, who + commanded above seven thousand men, took care to post himself at + Atherstone, not far from the hostile camps; and he made such a disposition + as enabled him on occasion to join either party. Richard had too much + sagacity not to discover his intentions from these movements; but he kept + the secret from his own men for fear of discouraging them: he took not + immediate revenge on Stanley’s son, as some of his courtiers advised him; + because he hoped that so valuable a pledge would induce the father to + prolong still further his ambiguous conduct: and he hastened to decide by + arms the quarrel with his competitor; being certain that a victory over + the earl of Richmond would enable him to take simple revenge on all his + enemies, open and concealed. + </p> + <p> + The van of Richmond’s army, consisting of archers, was commanded by the + earl of Oxford: Sir Gilbert Talbot led the right wing; Sir John Savage the + left: the earl himself, accompanied by his uncle the earl of Pembroke, + placed himself in the main body. Richard also took post in his main body, + and intrusted the command of his van to the duke of Norfolk: as his wings + were never engaged, we have not learned the names of the several + commanders. Soon after the battle began, Lord Stanley, whose conduct in + this whole affair discovers great precaution and abilities, appeared in + the field, and declared for the earl of Richmond. This measure, which was + unexpected to the men, though not to their leaders, had a proportional + effect on both armies: it inspired unusual courage into Henry’s soldiers; + it threw Richard’s into dismay and confusion. The intrepid tyrant, + sensible of his desperate situation, cast his eye around the field, and + descrying his rival at no great distance, he drove against him with fury, + in hopes that either Henry’s death or his own would decide the victory + between them. He killed with his own hands Sir William Brandon, + standard-bearer to the earl: he dismounted Sir John Cheyney: he was now + within reach of Richmond himself, who declined not the combat, when Sir + William Stanley, breaking in with his troops, surrounded Richard, who, + fighting bravely to the last moment, was overwhelmed by numbers, and + perished by a fate too mild and honorable for his multiplied and + detestable enormities. His men every where sought for safety by flight. + </p> + <p> + There fell in this battle about four thousand of the vanquished; and among + these the duke of Norfolk, Lord Ferrars of Chartley, Sir Richard + Ratcliffe, Sir Robert Piercy, and Sir Robert Brackenbury. The loss was + inconsiderable on the side of the victors. Sir William Catesby, a great + instrument of Richard’s crimes, was taken, and soon after beheaded, with + some others, at Leicester. The body of Richard was found in the field, + covered with dead enemies, and all besmeared with blood: it was thrown + carelessly across a horse; was carried to Leicester amidst the shouts of + the insulting spectators; and was interred in the Gray Friars’ church of + that place. + </p> + <p> + The historians who favor Richard (for even this tyrant has met with + partisans among the later writers) maintain, that he was well qualified + for government, had he legally obtained it; and that he committed no + crimes but such as were necessary to procure him possession of the crown: + but this is a poor apology, when it is confessed, that he was ready to + commit the most horrid crimes which appeared necessary for that purpose; + and it is certain, that all his courage and capacity, qualities in which + he really seems not to have been deficient, would never have made + compensation to the people for the danger of the precedent, and for the + contagious example of vice and murder exalted upon the throne. This prince + was of a small stature, humpbacked, and had a harsh, disagreeable + countenance; so that his body was in every particular no less deformed + than his mind. + </p> + <hr /> + <p> + Thus have we pursued the history of England through a series of many + barbarous ages, till we have at last reached the dawn of civility and + science, and have the prospect, both of greater certainty in our + historical narrations, and of being able to present to the reader a + spectacle more worthy of his attention. The want of certainty, however, + and of circumstances, is not unlike to be complained of throughout every + period of this long narration. This island possesses many ancient + historians of good credit, as well as many historical monuments; and it is + rare, that the annals of so uncultivated a people as were the English, as + well as the other European nations after the decline of Roman learning, + have been transmitted to posterity so complete, and with so little mixture + of falsehood and of fable. This advantage we owe entirely to the clergy of + the church of Rome; who, founding their authority on their superior + knowledge, preserved the precious literature of antiquity from a total + extinction;[*] <a href="#linknote-21" name="linknoteref-21" id="linknoteref-21">21</a> and, under shelter of their numerous privileges + and immunities, acquired a security by means of the superstition, which + they would in vain have claimed from the justice and humanity of those + turbulent and licentious ages. + </p> +<pre xml:space="preserve"> + * See note U, at the end of the volume +</pre> + <p> + Nor is the spectacle altogether unentertaining and uninstructive, which + the history of those times presents to us. The view of human manners, in + all their variety of appearances, is both profitable and agreeable; and if + the aspect in some periods seem horrid and deformed, we may thence learn + to cherish with the greater anxiety that science and civility, which has + so close a connection with virtue and humanity, and which, as it is a + sovereign antidote against superstition, is also the most effectual remedy + against vice and disorders of every kind. + </p> + <p> + The rise, progress, perfection, and decline of art and science, are + curious objects of contemplation, and intimately connected with a + narration of civil transactions. The events of no particular period can be + fully accounted for, but by considering the degrees of advancement which + men have reached in those particulars. + </p> + <p> + Those who cast their eye on the general revolutions of society, will find + that, as almost all improvements of the human mind had reached nearly to + their state of perfection about the age of Augustus, there was a sensible + decline from that point or period; and men thenceforth relapsed gradually + into ignorance and barbarism. The unlimited extent of the Roman empire, + and the consequent despotism of its monarchs, extinguished all emulation, + debased the generous spirits of men, and depressed that noble flame by + which all the refined arts must be cherished and enlivened. The military + government, which soon succeeded, rendered even the lives and properties + of men insecure and precarious; and proved destructive to those vulgar and + more necessary arts of agriculture, manufactures, and commerce; and, in + the end, to the military art and genius itself, by which alone the immense + fabric of the empire could be supported. The irruption of the barbarous + nations which soon followed, overwhelmed all human knowledge, which was + already far in its decline; and men sunk every age deeper into ignorance, + stupidity, and superstition; till the light of ancient science and history + had very nearly suffered a total extinction in all the European nations. + </p> + <p> + But there is a point of depression, as well as of exaltation, from which + human affairs naturally return in a contrary direction, and beyond which + they seldom pass either in their advancement or decline. The period in + which the people of Christendom were the lowest sunk in ignorance, and + consequently in disorders of every kind, may justly be fixed at the + eleventh century, about the age of William the Conqueror; and from that + era the sun of science, beginning to reascend, threw out many gleams of + light, which preceded the full morning when letters were revived in the + fifteenth century. The Danes and other northern people, who had so long + infested all the coasts, and even the island parts of Europe, by their + depredations, having now learned the arts of tillage and agriculture, + found a certain subsistence at home, and were no longer tempted to desert + their industry, in order to seek a precarious livelihood by rapine and by + the plunder of their neighbors. The feudal governments also, among the + more southern nations, were reduced to a kind of system; and though that + strange species of civil polity was ill fitted to insure either liberty or + tranquillity, it was preferable to the universal license and disorder + which had every where preceded it. But perhaps there was no event which + tended further to the improvement of the age, than one which has not been + much remarked, the accidental finding of a copy of Justinian’s Pandects, + about the year 1130, in the town of Amalfi, in Italy. + </p> + <p> + The ecclesiastics, who had leisure, and some inclination to study, + immediately adopted with zeal this excellent system of jurisprudence, and + spread the knowledge of it throughout every part of Europe. Besides the + intrinsic merit of the performance, it was recommended to them by its + original connection with the imperial city of Rome, which, being the seat + of their religion, seemed to acquire a new lustre and authority by the + diffusion of its laws over the western world. In less than ten years after + the discovery of the Pandects, Vacarius, under the protection of Theobald, + archbishop of Canterbury, read public lectures of civil law in the + university of Oxford; and the clergy every where, by their example as well + as exhortation, were the means of diffusing the highest esteem for this + new science. That order of men, having large possessions to defend, was in + a manner necessitated to turn their studies towards the law; and their + properties being often endangered by the violence of the princes and + barons, it became their interest to enforce the observance of general and + equitable rules, from which alone they could receive protection. As they + possessed all the knowledge of the age, and were alone acquainted with the + habits of thinking, the practice as well as science of the law fell mostly + into their hands: and though the close connection which, without any + necessity, they formed between the canon and civil law, begat a jealousy + in the laity of England, and prevented the Roman jurisprudence from + becoming the municipal law of the country, as was the case in many states + of Europe, a great part of it was secretly transferred into the practice + of the courts of justice, and the imitation of their neighbors made the + English gradually endeavor to raise their own law from its original state + of rudeness and imperfection. + </p> + <p> + It is easy to see what advantages Europe must have reaped by its + inheriting at once from the ancients so complete an art, which was also so + necessary for giving security to all other arts, and which by refining, + and still more by bestowing solidity on the judgment, served as a model to + further improvements. The sensible utility of the Roman law, both to + public and private interest, recommended the study of it, at a time when + the more exalted and speculative sciences carried no charms with them; and + thus the last branch of ancient literature which remained uncorrupted, was + happily the first transmitted to the modern world. For it is remarkable, + that in the decline of Roman learning, when the philosophers were + universally infected with superstition and sophistry, and the poets and + historians with barbarism, the lawyers, who in other countries are seldom + models of science or politeness, were yet able, by the constant study and + close imitation of their predecessors, to maintain the same good sense in + their decisions and reasonings, and the same purity in their language and + expression. + </p> + <p> + What bestowed an additional merit on the civil law, was the extreme + imperfection of that jurisprudence which preceded it among all the + European nations, especially among the Saxons or ancient English. The + absurdities which prevailed at that time in the administration of justice, + may be conceived from the authentic monuments which remain of the ancient + Saxon laws; where a pecuniary commutation was received for every crime, + where stated prices were fixed for men’s lives and members, where private + revenges were authorized for all injuries, where the use of the ordeal, + corsnet, and afterwards of the duel, was the received method of proof, and + where the judges were rustic freeholders, assembled of a sudden, and + deciding a cause from one debate or altercation of the parties. Such a + state of society was very little advanced beyond the rude state of nature: + violence universally prevailed, instead of general and equitable maxims: + the pretended liberty of the times was only an incapacity of submitting to + government: and men, not protected by law in their lives and properties, + sought shelter, by their personal servitude and attachments, under some + powerful chieftain, or by voluntary combinations. + </p> + <p> + The gradual progress of improvement raised the Europeans somewhat above + this uncultivated state; and affairs, in this island particularly, took + early a turn which was more favorable to justice and to liberty. Civil + employments and occupations soon became honorable among the English: the + situation of that people rendered not the perpetual attention to wars so + necessary as among their neighbors, and all regard was not confined to the + military profession: the gentry, and even the nobility, began to deem an + acquaintance with the law a necessary part of education: they were less + diverted than afterwards from studies of this kind by other sciences; and + in the age of Henry VI., as we are told by Fortescue, there were in the + inns of court about two thousand students, most of them men of honorable + birth, who gave application to this branch of civil knowledge: a + circumstance which proves, that a considerable progress was already made + in the science of government, and which prognosticated a still greater. + </p> + <p> + One chief advantage which resulted from the introduction and progress of + the arts, was the introduction and progress of freedom; and this + consequence affected men both in their personal and civil capacities. + </p> + <p> + If we consider the ancient state of Europe, we shall find, that the far + greater part of the society were every where bereaved of their personal + liberty, and lived entirely at the will of their masters. Every one that + was not noble, was a slave: the peasants were sold along with the land: + the few inhabitants of cities were not in a better condition: even the + gentry themselves were subjected to a long train of subordination under + the greater barons or chief vassals of the crown; who, though seemingly + placed in a high state of splendor, yet, having but a slender protection + from law, were exposed to every tempest of the state, and, by the + precarious condition in which they lived, paid dearly for the power of + oppressing and tyrannizing over their inferiors. The first incident which + broke in upon this violent system of government, was the practice, begun + in Italy, and imitated in France, of erecting communities and + corporations, endowed with privileges and a separate municipal government, + which gave them protection against the tyranny of the barons, and which + the prince himself deemed it prudent to respect.[*] + </p> +<pre xml:space="preserve"> + * There appear early symptoms of the jealousy entertained by + the barons against the progress of the arts, as destructive + of their licentious power. A law was enacted, 7 Kenry IV. + chap. 17, prohibiting any one who did not possess twenty + shillings a year in land from binding his sons apprentices + to any trade. They found already that the cities began to + drain the country of the laborers and husbandmen: and did + not foresee how much the increase of commerce would increase + the value of their estates. See further, Cotton, p. 179. The + kings, to encourage the boroughs, granted them this + privilege, that any villein who had lived a twelvemonth in + any corporation, and had been of the guild, should be + thenceforth regarded as free. +</pre> + <p> + The relaxation of the feudal tenures, and an execution somewhat stricter + of the public law, bestowed an independence on vassals which was unknown + to their forefathers. And even the peasants themselves, though later than + other orders of the state, made their escape from those bonds of villenage + or slavery in which they had formerly been retained. + </p> + <p> + It may appear strange that the progress of the arts, which seems, among + the Greeks and Romans, to have daily increased the number of slaves, + should, in later times, have proved so general a source of liberty; but + this difference in the events proceeded from a great difference in the + circumstances which attended those institutions. The ancient barons, + obliged to maintain themselves continually in a military posture, and + little emulous of elegance or splendor, employed not their villains as + domestic servants, much less as manufacturers; but composed their retinue + of freemen, whose military spirit rendered the chieftain formidable to his + neighbors, and who were ready to attend him in every warlike enterprise. + The villains were entirely occupied in the cultivation of their master’s + land, and paid their rents either in corn and cattle, and other produce of + the farm, or in servile offices, which they performed about the baron’s + family, and upon the farms which he retained in his own possession. In + proportion as agriculture improved and money increased, it was found that + these services, though extremely burdensome to the villain, were of little + advantage to the master; and that the produce of a large estate could be + much more conveniently disposed of by the peasants themselves, who raised + it, than by the landlord or his bailiff, who were formerly accustomed to + receive it. A commutation was therefore made of rents for services, and of + money-rents for those in kind; and as men, in a subsequent age, discovered + that farms were better cultivated where the farmer enjoyed a security in + his possession, the practice of granting leases to the peasant began to + prevail, which entirely broke the bonds of servitude, already much relaxed + from the former practices. After this manner villenage went gradually into + disuse throughout the more civilized parts of Europe: the interest of the + master, as well as that of the slave, concurred in this alteration. The + latest laws which we find in England for enforcing or regulating this + species of servitude, were enacted in the reign of Henry VII. And though + the ancient statutes on this subject remain still unrepealed by + parliament, it appears that before the end of Elizabeth, the distinction + of villain and freeman was totally, though insensibly abolished, and that + no person remained in the state, to whom the former laws could be applied. + </p> + <p> + Thus personal freedom became almost general in Europe; an advantage which + paved the way for the increase of political or civil liberty, and which, + even where it was not attended with this salutary effect, served to give + the members of the community some of the most considerable advantages of + it. + </p> + <p> + The constitution of the English government, ever since the invasion of + this island by the Saxons, may boast of this pre-eminence, that in no age + the will of the monarch was ever entirely absolute and uncontrolled; but + in other respects the balance of power has extremely shifted among the + several orders of the state; and this fabric has experienced the same + mutability that has attended all human institutions. + </p> + <p> + The ancient Saxons, like the other German nations, where each individual + was inured to arms, and where the independence of men was secured by a + great equality of possessions, seem to have admitted a considerable + mixture of democracy into their form of government, and to have been one + of the freest nations of which there remains any account in the records of + history. After this tribe was settled in England, especially after the + dissolution of the heptarchy, the great extent of the kingdom produced a + great inequality in property; and the balance seems to have inclined to + the side of aristocracy. The Norman conquest threw more authority into the + hands of the sovereign, which, however, admitted of great control; though + derived less from the general forms of the constitution, which were + inaccurate and irregular, than from the independent power enjoyed by each + baron in his particular district or province. The establishment of the + Great Charter exalted still higher the aristocracy, imposed regular limits + on royal power, and gradually introduced some mixture of democracy into + the constitution. But even during this period, from the accession of + Edward I. to the death of Richard III., the condition of the commons was + nowise eligible: a kind of Polish aristocracy prevailed; and though the + kings were limited, the people were as yet far from being free. It + required the authority almost absolute of the sovereigns, which took place + in the subsequent period, to pull down those disorderly and licentious + tyrants, who were equally averse from peace and from freedom, and to + establish that regular execution of the laws, which, in a following age, + enabled the people to erect a regular and equitable plan of liberty. In + each of these successive alterations, the only rule of government which is + intelligible, or carries any authority with it, is the established + practice of the age, and the maxims of administration which are at that + time prevalent and universally assented to. Those who, from a pretended + respect to antiquity, appeal at every turn to an original plan of the + constitution, only cover their turbulent spirit and their private ambition + under the appearance of venerable forms; and whatever period they pitch on + for their model, they may still be carried back to a more ancient period, + where they will find the measures of power entirely different, and where + every circumstance, by reason of the greater barbarity of the times, will + appear still less worthy of imitation. Above all, a civilized nation like + the English, who have happily established the most perfect and most + accurate system of liberty that was ever found compatible with government, + ought to be cautious in appealing to the practice of their ancestors, or + regarding the maxims of uncultivated ages as certain rules for their + present conduct. An acquaintance with the ancient periods of their + government is chiefly <i>useful</i>, by instructing them to cherish their + present constitution, from a comparison or contrast with the condition of + those distant times. And it is also <i>curious</i>, by showing them the + remote, and commonly faint and disfigured originals of the most finished + and most noble institutions, and by instructing them in the great mixture + of accident, which commonly concurs with a small ingredient of wisdom and + foresight, in erecting the complicated fabric of the most perfect + government. + </p> + <p> + <a name="link2H_NOTE" id="link2H_NOTE"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + NOTES. + </h2> + <p> + <a name="linknote-1" id="linknote-1"> + <!-- Note --></a> + </p> + <p class="foot"> + 1 (<a href="#linknoteref-1">return</a>)<br /> [ NOTE A, p. 86. Rymer, vol. + ii. p. 26, 845. There cannot be the least question, that the homage + usually paid by the kings of Scotland was not for their crown, but for + some other territory. The only question remains, what that territory was. + It was not always for the earldom of Huntingdon, nor the honor of Penryth; + because we find it sometimes done at a time when these possessions were + not in the hands of the kings of Scotland. It is probable that the homage + was performed in general terms, without any particular specification of + territory; and this inaccuracy had proceeded either from some dispute + between the two kings about the territory and some opposite claims, which + were compromised by the general homage, or from the simplicity of the age, + which employed few words in every transaction. To prove this, we need but + look into the letter of King Richard, where he resigns the homage of + Scotland, reserving the usual homage. His words are, “Sæpedictus W. Rex + ligius homo noster deveniat de omnibus terris de quibus antecessores sui + antecessorum nostrorum ligii homines fuerunt, et nobis atque hæredibus + nostris fidelitatem jurarunt.” Rymer, vol. i. p. 65. These general terms + were probably copied from the usual form of the homage itself. <br /><br /> + It is no proof that the kings of Scotland possessed no lands or baronies + in England, because we cannot find them in the imperfect histories and + records of that age. For instance, it clearly appears from another passage + of this very letter of Richard, that the Scottish king held lands both in + the county of Huntingdon and elsewhere in England; though the earldom of + Huntingdon itself was then in the person of his brother David; and we know + at present of no other baronies which William held. It cannot be expected + that we should now be able to specify all his fees which he either + possessed or claimed in England; when it is probable that the two monarchs + themselves and their ministers would at that very time have differed in + the list: the Scottish king might possess some to which his right was + disputed; he might claim others which he did not possess; and neither of + the two kings was willing to resign his pretensions by a particular + enumeration. <br /><br /> A late author of great industry and learning, but + full of prejudices, and of no penetration, Mr. Carte, has taken advantage + of the undefined terms of the Scotch homage, and has pretended that it was + done for Lothian and Galloway: that is, all the territories of the country + now called Scotland, lying south of the Clyde and Forth. But to refute + this pretension at once, we need only consider, that if these territories + were held in fee of the English kings, there would, by the nature of the + feudal law as established in England, have been continual appeals from + them to the courts of the lord paramount; contrary to all the histories + and records of that age. We find that, as soon as Edward really + established his superiority, appeals immediately commenced from all parts + of Scotland: and that king, in his writ to the king’s bench, considers + them as a necessary consequence of the feudal tenure. Such large + territories also would have supplied a considerable part of the English + armies, which never could have escaped all the historians. Not to mention + that there is not any instance of a Scotch prisoner of war being tried as + a rebel, in the frequent hostilities between the kingdoms, where the + Scottish armies were chiefly filled from the southern counties. <br /><br /> + Mr. Carte’s notion with regard to Galloway, which comprehends, in the + language of that age, or rather in that of the preceding, most of the + south-west counties of Scotland; his notion, I say, rests on so slight a + foundation, that it scarcely merits being refuted. He will have it, (and + merely because he will have it,) that the Cumberland, yielded by King + Edmund to Malcolm I., meant not only the county in England of that name, + but all the territory northwards to the Clyde. But the case of Lothian + deserves some more consideration. <br /><br /> It is certain that, in very + ancient language, Scotland means only the country north of the Friths of + Clyde and Forth. I shall not make a parade of literature to prove it; + because I do not find that this point is disputed by the Scots themselves. + The southern country was divided into Galloway and Lothian; and the latter + comprehended all the south-east counties. This territory was certainly a + part of the ancient kingdom of Northumberland, and was entirely peopled by + Saxons, who afterwards received a great mixture of Danes among them. It + appears from all the English histories, that the whole kingdom of + Northumberland paid very little obedience to the Anglo-Saxon monarchs, who + governed after the dissolution of the heptarchy; and the northern and + remote parts of it seem to have fallen into a kind of anarchy, sometimes + pillaged by the Danes, sometimes joining them in their ravages upon other + parts of England. The kings of Scotland, lying nearer them, took at last + possession of the country, which had scarcely any government; and we are + told by Matthew of Westminster, (p. 193,) that King Edgar made a grant of + the territory to Kenneth III.; that is, he resigned claims which he could + not make effectual, without bestowing on them more trouble and expense + than they were worth: for these are the only grants of provinces made by + kings; and so ambitious and active a prince as Edgar would never have made + presents of any other kind. Though Matthew of Westminster’s authority may + appear small with regard to so remote a transaction, yet we may admit it + in this case, because Ordericus Vitalis, a good authority, tells us, (p. + 701,) that Malcolm acknowledged to William Rufus, that the Conqueror had + confirmed to him the former grant of Lothian. But it follows not, because + Edgar made this species of grant to Kenneth, that therefore he exacted + homage for that territory. Homage, and all the rites of the feudal law, + were very little known among the Saxons; and we may also suppose, that the + gla’n of Edgar was so antiquated and weak, that, in resigning it, he made + no very valuable concession, and Kenneth might well refuse to hold, by so + precarious a tenure, a territory which he at present held by the sword. In + short, no author says he did homage for it. <br /><br /> The only color + indeed of authority for Mr. Carte’s notion is, that Matthew Fans, who + wrote in the reign of Henry III., before Edward’s claim of superiority was + heard of, says that Alexander III. did homage to Henry III. “pro Laudiano + et aliis terris.” See p.555. This word seems naturally to be interpreted + Lothian. But, in the first place, Matthew Paris’s testimony, though + considerable, will not outweigh that of all the other historians, who say + that the Scotch homage was always done for lands in England. Secondly, if + the Scotch homage was done in general terms, (as has been already proved,) + it is no wonder that historians should differ in their account of the + object of it, since it is probable the parties themselves were not fully + agreed. Thirdly, there is reason to think that Laudianum in Matthew Paris + does not mean the Lothians, now in Scotland. There appears to have been a + territory which anciently bore that or a similar name in the north of + England. For (1.) the Saxon Chronicle (p.197) says, that Malcolm Kenmure + met William Rufus in Lodene, in England. (2.) It is agreed by all + historians, that Henry II. only reconquered from Scotland the northern + counties of Northumberland, Cumberland, and Westmoreland. See Newbriggs, + p.383. Wykes, p.30. Hemingford, p.492, Yet the same country is called by + other historians Loidis, comitatus Lodonensis, or some such name. See M. + Paris, p.68. M. Westi p.247. Annal. Wayerl. p.159, and Diceto, p.531. (3.) + This last-mentioned author, when he speaks of Lothian in Scotland, calls + it Loheneis, (p.574,) though he had called the English territory Loidis. + <br /><br /> I thought this long note necessary in order to correct Mr. + Carte’s mistake, an author whose diligence and industry has given light to + many passages of the more ancient English history.] + </p> + <p> + <a name="linknote-2" id="linknote-2"> + <!-- Note --></a> + </p> + <p class="foot"> + 2 (<a href="#linknoteref-2">return</a>)<br /> [ NOTE B, p.86. Rymer, vol. + ii. p.543. It is remarkable that the English chancellor spoke to the + Scotch parliament in the French tongue. This was also the language + commonly made use of by all parties on that occasion. I bid, passim. Some + of the most considerable among the Scotch, as well as almost all the + English barons, were of French origin: they valued themselves upon it; and + pretended to despise the language and manners of the island. It is + difficult to account for the settlement of so many French families in + Scotland; the Bruces, Baliols, St. Glairs, Montgomeries, Somervilles, + Gordons, Frasers, Cummins; Colvilles, Umfrevilles, Mowbrays, Hays, Maules, + who were not supported there, as in England, by the power of the sword. + But the superiority of the smallest civility and knowledge over total + ignorance and barbarism, is prodigious.] + </p> + <p> + <a name="linknote-3" id="linknote-3"> + <!-- Note --></a> + </p> + <p class="foot"> + 3 (<a href="#linknoteref-3">return</a>)<br /> [ NOTE C, p.91. See Rymer, + vol. ii. p.533, where Edward writes to the king’s bench to receive appeals + from Scotland. He knew the practice to be new and unusual; yet he + establishes it as an infallible consequence cf his superiority. We learn + also from the same collection, (p. 603,) that immediately upon receiving + the homage, he changed the style of his address to the Scotch king, whom + he now calk “dilecto et fideli,” instead of “fratri dilecto et fideli,” + the appellation which he had always before used to him. See p. 109, 124, + 168, 280, 1064. This is a certain proof that he himself was not deceived, + as was scarcely indeed possible, but that he was conscious of his + usurpation. Yet he solemnly swore afterwards to the justice of his + pretensions, when he defended them before Pope Boniface.] + </p> + <p> + <a name="linknote-4" id="linknote-4"> + <!-- Note --></a> + </p> + <p class="foot"> + 4 (<a href="#linknoteref-4">return</a>)<br /> [ NOTE D, p. 104. Throughout + the reign of Edward I., the assent of the commons is not once expressed in + any of the enacting clauses; nor in the reigns ensuing, till the 9 Edward + III., nor in any of the enacting clauses of 16 Richard II. Nay, even so + low as Henry VI., from the beginning till the eighth of his reign, the + assent of the commons is not once expressed in any enacting clause. See + preface to Ruffhead’s edit, of the Statutes, p. 7. If it should be + asserted, that the commons had really given their assent to these + statutes, though they are not expressly mentioned, this very omission, + proceeding, if you will, from carelessness, is a proof how little they + were respected. The commons were so little accustomed to transact public + business, that they had no speaker till after the parliament 6 Edward III. + See Prynne’s preface to Cotton’s Abridg.: not till the first of Richard + II. in the opinion of most antiquaries. The commons were very unwilling to + meddle in any state affairs, and commonly either referred themselves to + the lords, or desired a select committee of that house to assist them, as + appears from Cotton. 5 Edw. III. n. 5; 15 Edw. III. a. 17; 21 Edw. III. n. + 5; 47 Edw. III. n. 5; 50 Edw. III. n. 10; 51 Edw. III. n. 18; 1 Rich. II. + n. 12; 2 Rich. II. n. 12; 5 Rich. II. n 14; 2 parl. 6 Rich. II. n. 14; + parl. 2, 6 Rich. II. n. 8, etc.] + </p> + <p> + <a name="linknote-5" id="linknote-5"> + <!-- Note --></a> + </p> + <p class="foot"> + 5 (<a href="#linknoteref-5">return</a>)<br /> [ NOTE E, p. 105. It was very + agreeable to the maxims of all the feudal governments, that every order of + the state should give their consent to the acts which more immediately + concerned them; and as the notion of a political system was not then so + well understood, the other orders of the state were often not consulted on + these occasions. In this reign, even the merchants, though no public body, + granted the king impositions on merchandise, because the first payments + came out of their pockets. They did the same in the reign of Edward III.; + but the commons had then observed that the people paid these duties, + though the merchants advanced them; and they therefore remonstrated + against this practice. Cotton’s Abridg. p. 39. The taxes imposed by the + knights on the counties were always lighter than those which the burgesses + laid on the boroughs; a presumption, that in voting those taxes the + knights and burgesses did not form the same house. See Chancellor West’s + Inquiry into the Manner of creating Peers, p. 8. But there are so many + proofs, that those two orders of representative were long separate, that + it is needless to insist on them. Mr. Carte, who had carefully consulted + the rolls of parliament, affirms, that they never appear to have been + united till the sixteenth of Edward III. See Hist. vol. ii. p,451. But it + is certain that this union was not even then final: in 1372, the burgesses + acted by themselves, and voted a tax after the knights were dismissed. See + Tyrrel, Hist, vol. iii. p. 754, from Rot. Claus. 46 Edward III. n. 9. In + 1376, they were the knights alone who passed a vote for the removal of + Alice Pierce from the king’s person, if we may credit Walsingham, p. 189. + There is an instance of a like kind in the reign of Richard II. Cotton, + p.193. The different taxes voted by those two branches of the lower house, + naturally kept them separate; but as their petitions had mostly the same + object, namely, the redress of grievances, and the support of law and + justice both against the crown and the barons, this cause as naturally + united them, and was the reason why they at last joined in one house for + the despatch of business. The barons had few petitions. Their privileges + were of more ancient date. Grievances seldom affected them: they were + themselves the chief oppressors. In 1333, the knights by themselves + concurred with the bishops and barons in advising the king to stay his + journey into Ireland. Here was a petition which regarded a matter of + state, and was supposed to be above the capacity of the burgesses. The + knights, therefore, acted apart in this petition. See Cotton, Abridg. p. + 13. Chief baron Gilbert thinks, that the reason why taxes always began + with the commons or burgesses was, that they were limited by the + instructions of their boroughs. See Hist, of the Exchequer, p. 37.] + </p> + <p> + <a name="linknote-6" id="linknote-6"> + <!-- Note --></a> + </p> + <p class="foot"> + 6 (<a href="#linknoteref-6">return</a>)<br /> [ NOTE F, p. 105. The chief + argument from ancient authority, for the opinion that the representatives + of boroughs preceded the forty-ninth of Henry in., is the famous petition + of the borough of St. Albans, first taken notice of by Selden, and then by + Petyt, Brady, Tyrrel, and others. In this petition, presented to the + parliament in the reign of Edward II., take town of St. Albans asserts, + that though they held “in capite” of the crown, and owed only, for all + other service, their attendance in parliament, yet the sheriff had omitted + them in his writs; whereas, both in the reign of the king’s father, and + all his predecessors, they had always sent members. Now, say the defenders + of this opinion, if the commencement of the house of commons were in Henry + III.’ reign, this expression could not have been used. But Hadox, in his + History of the Exchequer, (p. 522, 523, 524,) has endeavored, and with + great reason, to destroy the authority of this petition for the purpose + alleged. He asserts, first, that there was no such tenure in England is + that of holding by attendance in parliament, instead of all other service. + Secondly, that the borough of St. Albans never held of take crown at all, + but was always demesne land of the abbot. It is no wonder, therefore, that + a petition which advances two falsehoods, should contain one historical + mistake, which indeed amounts only to an inaccurate and exaggerated + expression; no strange matter in ignorant burgesses of that age. + Accordingly, St. Albans continued still to belong to the abbot. It never + held of the crown, call after the dissolution of the monasteries. But the + assurance of these petition *ers is remarkable. They wanted to shake off + the authority of their abbot, and to hold of the king; but were unwilling + to pay any services even to the crown; upon which they framed this idle + petition, which later writers have made the foundation of so many + inferences and conclusions. From the tenor of the petition it appears, + that there was a close connection between holding of the crown and being + represented in parliament. The latter had scarcely ever place without the + former; yet we learn from Tyrell’s Append. vol. iv. that there were some + instances to the contrary. It is not improbable that Edward followed the + roll of the earl of Leicester, who had summoned, without distinction, all + the considerable boroughs of the kingdom; among which there might be some + few that did not hold of the crown. Edward also found it necessary to + impose taxes on all the boroughs in the kingdom, without distinction. This + was a good expedient for augmenting his revenue. We are not to imagine, + because the house of commons have since become of great importance, that + the first summoning of them would form any remarkable and striking epoch, + and be generally known to the people even seventy or eighty years after. + So ignorant were the generality of men in that age, that country burgesses + would readily imagine an innovation, seemingly so little material, to have + existed from time immemorial, because it was beyond their own memory, and + perhaps that of their fathers. Even the parliament in the reign of Henry + V. say, that Ireland had, from the beginning of time, been subject to the + crown of England. (See Brady.) And surely if any thing interests the + people above all others, it is war and conquests, with their dates and + circumstances] + </p> + <p> + <a name="linknote-7" id="linknote-7"> + <!-- Note --></a> + </p> + <p class="foot"> + 7 (<a href="#linknoteref-7">return</a>)<br /> [ NOTE G, p. 233. This story + of the six burgesses of Calais, like all other extraordinary stories, is + somewhat to be suspected; and so much the more as Avesbury, (p. 167,) who + is particular in his narration of the surrender of Calais, says nothing of + it; and, on the contrary, extols in general the king’s generosity and + lenity to the inhabitants. The numberless mistakes of Froissard, + proceeding either from negligence, credulity, or love of the marvellous, + invalidate very much his testimony, even though he was a contemporary, and + though his history was dedicated to Queen Philippa herself. It is a + mistake to imagine, that the patrons of dedications read the books, much + less vouch for all the contents of them. It is not a slight testimony that + should make us give credit to a story so dishonorable to Edward, + especially after that proof of his humanity, in allowing a free passage to + all the women, children, and infirm people, at the beginning of the siege: + at least, it is scarcely to be believed, that, if the story has any + foundation, he seriously meant to execute his menaces against the six + townsmen of Calais.] + </p> + <p> + <a name="linknote-8" id="linknote-8"> + <!-- Note --></a> + </p> + <p class="foot"> + 8 (<a href="#linknoteref-8">return</a>)<br /> [ NOTE H, p. 236. There was a + singular instance, About this time, of the prevalence of chivalry and + gallantry in the nations of Europe. A solemn duel of thirty knights + against thirty was fought between Bembrwigh, as Englishman, and + Beaumanoir, a Breton, of the party of Charles of Blois, The knights of the + two nations came into the field; and before the combat began, Beaumanoir + called out, that it would be seen that day who had the fairest mistresses. + After a bloody combat, the Bretons prevailed; and gained for their prize, + full liberty to boast of their mistresses’ beauty. It is remarkable, that + two such famous generals as Sir Robert Knolles and Sir Hugh Calverley drew + their swords in this ridiculous contest. See Pere Daniel, vol. ii. p.536, + 537, etc. The women not only instigated the champions to those rough, if + not bloody frays of tournament, but also frequented the tournaments during + all the reign of Edward, whose spirit of gallantry encouraged this + practice. See Knyghton, p. 2597.] + </p> + <p> + <a name="linknote-9" id="linknote-9"> + <!-- Note --></a> + </p> + <p class="foot"> + 9 (<a href="#linknoteref-9">return</a>)<br /> [ NOTE I, p. 253. This is a + prodigious sum, and probably near the half of what the king received from + the parliament during the whole course of his reign. It must be remarked, + that a tenth and fifteenth (which was always thought a high grant) were, + in the eighth year of this reign, fixed at about twenty-nine thousand + pounds; there were said to be near thirty thousand sacks of wool exported + every year. A sack of wool was at a medium sold for five pounds. Upon + these suppositions it would be easy to compute all the parliamentary + grants, taking the list as they stand in Tyrrel, vol. iii. p. 780; though + somewhat must still be left to conjecture. This king levied more money on + his subjects than any of his predecessors; and the parliament frequently + complain of the poverty of the people, and the oppressions under which + they labored. But it is to be remarked, that a third of the French king’s + ransom was yet unpaid when war broke out anew between the two crowns. His + son chose rather to employ his money in combating the English, than in + enriching them. See Rymer, vol. viii. p. 315.] + </p> + <p> + <a name="linknote-11" id="linknote-11"> + <!-- Note --></a> + </p> + <p class="foot"> + 11 (<a href="#linknoteref-11">return</a>)<br /> [ NOTE K, p. 281. In the + fifth year of the king, the commons complained of the government about the + king’s person, his court, the excessive number of his servants, of the + abuses in the chancery, king’s bench, common pleas, exchequer, and of + grievous oppressions in the country, by the great multitudes of + maintainers of quarrels, (men linked in confederacies together,) who + behaved themselves like kings in the country, so as there was very little + law or right, and of other things which they said were the cause of the + late commotions under Wat Tyler. Parl. Hist. vol. i. p. 365. This + irregular government, which no king and no house of commons had been able + to remedy, was the source of the licentiousness of the great, and + turbulency of the people, as well as tyranny of the princes. If subjects + would enjoy liberty, and kings security, the laws must be executed. <br /><br /> + In the ninth of this reign, also the commons discovered an accuracy and a + jealousy of liberty, which we should little expect in those rude times. + “It was agreed by parliament,” says Cotton, (p.309), “that the subsidy of + wools, woolfels, and skins, granted to the king until the time of + midsummer then ensuing, should cease from the same time unto the feast of + St. Peter ‘ad vincula’ for that thereby the king should be interrupted for + claiming such grant as due.” See also Cotton, p. 198.] + </p> + <p> + <a name="linknote-12" id="linknote-12"> + <!-- Note --></a> + </p> + <p class="foot"> + 12 (<a href="#linknoteref-12">return</a>)<br /> [ NOTE L, p. 290. Knyghton, + p. 2715, etc. The same author (p. 2680) tells us, that the king, in return + to the message, said, that he would not for their desire remove the + meanest scullion from his kitchen. This author also tells us, that the + king said to the commissioners, when they harangued him, that he saw his + subjects were rebellious, and his best way would be to call in the king of + France to his aid. But it is plain that all these speeches were either + intended by Knyghton merely as an ornament to his history, or are false. + For (1.) when the five lords accuse the king’s ministers in the next + parliament, and impute to them every rash action of the king, they speak + nothing of these replies, which are so obnoxious, were so recent, and are + pretended to have been so public. (2.) The king, so far from having any + connections at that time with France, was threatened with a dangerous + invasion from that kingdom. This story seems to have been taken from the + reproaches afterwards thrown out against him, and to have been transferred + by the historian to this time, to which they cannot be applied.] + </p> + <p> + <a name="linknote-13" id="linknote-13"> + <!-- Note --></a> + </p> + <p class="foot"> + 13 (<a href="#linknoteref-13">return</a>)<br /> [ NOTE M, p. 295. We must + except the twelfth article, which accuses Brembre of having cut off the + heads of twenty-two prisoners confined for felony or debt, without warrant + or process of law; but as it is not conceivable what interest Brembre + could have to treat these felons and debtors in such a manner, we may + presume that the fact is either false or misrepresented. It was in these + men’s power to say any thing against the persons accused. No defence or + apology was admitted; all was lawless will and pleasure. <br /><br /> They + are also accused of designs to murder the lords; but these accusations + either are general, or destroy one another. Sometimes, as in article + fifteenth, they intend to murder them by means of the mayor and city of + London; sometimes, as in article twenty-eighth, by trial and false + inquests; sometimes, as in article twenty-eighth, by means of the king of + France, who was to receive Calais for his pains.] + </p> + <p> + <a name="linknote-14" id="linknote-14"> + <!-- Note --></a> + </p> + <p class="foot"> + 14 (<a href="#linknoteref-14">return</a>)<br /> [ NOTE N, p. 296. In + general, the parliament, in those days, never paid a proper regard to + Edward’s statute of treasons, though one of the most advantageous laws for + the subject that has ever been enacted. In the seventeenth of the king, + the dukes of Lancaster and Glocester complain to Richard, that Sir Thomas + Talbot, with others of his adherents conspired the death of the said dukes + in divers parts of Cheshire, as the same was confessed and well known; and + praying that the parliament may judge of the fault. Whereupon the king and + the lords in the parliament judged the same fact to be open and high + treason; and hereupon they award two writs, the one to the sheriff of + York, and the other to the sheriffs of Derby, to take the body of the said + Sir Thomas, returnable in the king’s bench in the month of Easter then + ensuing. And open proclamation was made in Westminster Hall, that upon the + sheriffs return, and at the next coming in of the said Sir Thomas, the + said Thomas should be convicted of treason, and incur the loss and pain of + the same; and all such as should receive him after the proclamation should + incur the same loss and pain. Cotton, p. 354. It is to be observed, that + this extraordinary judgment was passed in a time of tranquillity. Though + the statute itself of Edward III. reserves a power to the parliament to + declare any new species of treason, it is not to be supposed that this + power was reserved to the house of lords alone, or that men were to be + judged by a law “ex post facto.” At least, if such be the meaning of the + clause, it may be affirmed, that men were at that time very ignorant of + the first principles of law and justice.] + </p> + <p> + <a name="linknote-15" id="linknote-15"> + <!-- Note --></a> + </p> + <p class="foot"> + 15 (<a href="#linknoteref-15">return</a>)<br /> [ NOTE O, p. 301. In the + preceding parliament, the commons had shown a disposition very complaisant + to the king; yet there happened an incident in their proceedings which is + curious, and shows us the state of the house during that period. The + members were either country gentlemen or merchants, who were assembled for + a few days, and were entirely unacquainted with business; so that it was + easy to lead them astray, and draw them into votes and resolutions very + different from their intention. Some petitions concerning the state of the + nation were voted: in which, among other things, the house recommended + frugality to the king; and for that purpose desired that the court should + not be so much frequented as formerly by bishops and ladies. The king was + displeased with this freedom; the commons very humbly craved pardon. He + was not satisfied unless they would name the mover of the petitions. It + happened to be one Haxey, whom the parliament, in order to make atonement, + condemned for this offence to die the death of a traitor. But the king, at + the desire of the archbishop of Canterbury and the prelates, pardoned him. + When a parliament in those times, not agitated by any faction, and being + at entire freedom, could be guilty of such monstrous extravagance, it is + easy to judge what might be expected from them in more trying situations. + See Cotton’s Abridg. p. 361, 362.] + </p> + <p> + <a name="linknote-16" id="linknote-16"> + <!-- Note --></a> + </p> + <p class="foot"> + 16 (<a href="#linknoteref-16">return</a>)<br /> [ NOTE P, p. 312. To show + how little credit is to be given to this charge against Richard, we may + observe, that a law in the 13th Edward III. had been enacted against the + continuance of sheriffs for more than one year. But the inconvenience of + changes having afterwards appeared, from experience, the commons, in the + twentieth of this king, applied; by petition, that the sheriffs might be + continued; though that petition had not been enacted into a statute, by + reason of other disagreeable circumstances which attended it. See Cotton, + p. 361. It was certainly a very moderate exercise of the dispensing power + in the king to continue the sheriffs, after he found that that practice + would be acceptable to his subjects, and had been applied for by one house + of parliament; yet is this made an article of charge against him by the + present parliament. See article 18. Walsingham, speaking of a period early + in Richard’s minority, says, “But what do acts of parliament signify, + when, after they are made, they take no effect, since the king, by the + advice of the privy council, takes upon him to alter, or wholly set aside, + all those things which by general consent had been ordained in + parliament?” If Richard, therefore, exercised the dispensing power, he was + warranted by the examples of his uncles and grandfather, and indeed of all + his predecessors from the time of Henry III., inclusive.] + </p> + <p> + <a name="linknote-17" id="linknote-17"> + <!-- Note --></a> + </p> + <p class="foot"> + 17 (<a href="#linknoteref-17">return</a>)<br /> [ NOTE Q, p. 318. The + following passage in Cotton’s Abridgment (p. 196) shows a strange + prejudice against the church and churchmen. “The commons afterwards coming + into the parliament, and making their protestation, showed, that for want + of good redress about the king’s person in his household, in all his + courts, touching maintainers in every county, and purveyors, the commons + were daily pilled, and nothing defended against the enemy, and that it + should shortly deprive the king and undo the state. Wherefore in the same + government they entirely require redress. Whereupon the king appointed + sundry bishops, lords, and nobles, to sit in privy council about these + matters; who, since that they must begin at the head, and go at the + request of the commons, they, in the presence of the king, charged his + confessor not to come into the court but upon the four principal + festivals.” We should little expect that a popish privy council, in order + to preserve the king’s morals, should order his confessor to be kept at a + distance from him. This incident happened in the minority of Richard. As + the popes had for a long time resided at Avignon, and the majority of the + sacred college were Frenchmen, this circumstance naturally increased the + aversion of the nation to the papal power; but the prejudice against the + English clergy cannot be accounted for from that cause.] + </p> + <p> + <a name="linknote-18" id="linknote-18"> + <!-- Note --></a> + </p> + <p class="foot"> + 18 (<a href="#linknoteref-18">return</a>)<br /> [ NOTE R, p. 450. That we + may judge how arbitrary a court that of the constable of England was, we + may peruse the patent granted to the earl of Rivers in this reign, as it + is to be found in Spellman’s Glossary in verb. Constabularius: as also + more fully in Rymer, vol. xi. p. 581. Here is a clause of it: “Et ulterius + de uberiori gratia nostra eidem comiti de Rivers plenam potestatem damus + ad cognoscendum et procedendum, in omnibus et singulis causis et negotiis, + de et super crimine lesse majestatis, seu super occasione eseterisque + causis quibuscunque per præfatum comitem de Rivers, ut constabularium + Angliæ——quæ in curia constabularii Angliæ ab antique, viz, + tempore dicti domini Gtilielmi Conquætoris, sen aliquo tempore citra, + tractari, audiri examinari, aut decidi consueverant, aut jure debuerant + aut clebeni, causasque et negotia prædicta cum omnibus et singulis + emergentibus, incidentibus et connexis, audiendum, examinandum, et fine + debito terminandum, etiam <i>summarie et de plano, sine strepitu et figura + justitiæ, sola facti veritate inspecta,</i> ac etiam manu regia, si + opportunum visum fuerit eidem comiti de Rivers, vices nostras, + appellatione remots.” The office of constable was perpetual in the + monarchy; its jurisdiction was not limited to times of war, as appears + from this patent, and as we learn from Spellman; yet its authority was in + direct contradiction to Magna Charta; and it is evident, that no regular + liberty could subsist with it. It involved a full dictatorial power, + continually subsisting in the state. The only check on the crown, besides + the want of force to support all its prerogatives, was, that the office of + constable was commonly either hereditary or during life, and the person + invested with it was, for that reason, not so proper an instrument of + arbitrary power in the king. Accordingly the office was suppressed by + Henry VIII., the most arbitrary of all the English princes. The practice, + however, of exercising martial law still subsisted; and was not abolished + till the Petition of Right under Charles I. This was the epoch of true + liberty, confirmed by the restoration, and enlarged and secured by the + revolution.] + </p> + <p> + <a name="linknote-19" id="linknote-19"> + <!-- Note --></a> + </p> + <p class="foot"> + 19 (<a href="#linknoteref-19">return</a>)<br /> [ NOTE S, p. 459. We shall + give an instance. Almost all the historians, even Coraines, and the + continuator of the Annals of Croyland, assert that Edward was about this + time taken prisoner by Clarence and Warwick, and was committed to the + custody of the archbishop of York, brother to the earl; but being allowed + to take the diversion of hunting by this prelate, he made his escape, and + afterwards chased the rebels out of the kingdom. But that all the story is + false, appears from Rymer, where we find that the king, throughout all + this period, continually exercised his authority, and never was + interrupted in his government. On the 7th of March, 1470, he gives a + commission of array to Clarence, whom he then imagined a good subject; and + on the 23d of the same month, we find him issuing an order for + apprehending him, Besides, in the king’s manifesto against the duke and + earl, (Claus. 10. Edward IV. m. 7, 8,) where he enumerates all their + treasons, he mentions no such fact; he does not so much as accuse them of + exciting young Welles’s rebellion; he only says, that they exhorted him to + continue in his rebellion. We may judge how smaller facts will be + misrepresented by historians, who can in the most material transactions + mistake so grossly. There may even some doubt arise with regard to the + proposal of marriage made to Bona of Savoy; though almost all the + historians concur in it, and the fact be very likely in itself; for there + are no traces in Rymer of any such embassy of Warwick’s to France. The + chief certainty in this and the preceding reign arises either from public + records, or from the notice taken of certain passages by the French + historians. On the contrary, for some centuries after the conquest, the + French history is not complete without the assistance of English authors. + We may conjecture, that the reason of the scarcity of historians during + this period, was the destruction of the convents, which ensued so soon + after. Copies of the more recent historians not being yet sufficiently + dispersed, those histories hare perished.] + </p> + <p> + <a name="linknote-20" id="linknote-20"> + <!-- Note --></a> + </p> + <p class="foot"> + 20 (<a href="#linknoteref-20">return</a>)<br /> [ NOTE T, p. 490. Sir + Thomas More, who has been followed, or rather transcribed, by all the + historians of this short reign, says, that Jane Shore had fallen into + connections with Lord Hastings; and this account agrees best with the + course of the events; but in a proclamation of Richard’s, to be found in + Rymer, vol. xii. p. 204, the marquis of Dorset is reproached with these + connections. This reproach, however, might have been invented by Richard, + or founded only on popular rumor; and is not sufficient to overbalance the + authority of Sir Thomas More. The proclamation is remarkable for the + hypocritical purity of manners affected by Richard. This bloody and + treacherous tyrant upbraids the marquis and others with their gallantries + and intrigues as the most terrible enormities.] + </p> + <p> + <a name="linknote-21" id="linknote-21"> + <!-- Note --></a> + </p> + <p class="foot"> + 21 (<a href="#linknoteref-21">return</a>)<br /> [ NOTE U, p., 507. Every + one that has perused the ancient monkish writers know that, however + barbarous their own style, they are full of allusions to the Latin + classics, especially the poets. There seems also in those middle ages to + have remained many ancient books that are now lost. Maimesbury, who + flourished in the reign of Henry I. and King Stephen, quotes Livy’s + description of Caesar’s passage over the Rubicon. Fitz-Stephen, who lived + in the reign of Henry II., alludes to a passage in the larger history of + Sallust. In the collection of letters which passes under the name of + Thomas a Becket, we see how familiar all the ancient history and ancient + books were to the more ingenious and more dignified churchmen of that + time, and consequently how much that order of men must have surpassed all + the other members of the society. That prelate and his friends call each + other philosophers in all the course of their correspondence, and consider + the rest of the world as sunk in total ignorance and barbarism.] <br /><br /> + </p> + <p> + END OF VOL. Ib. + </p> + <p> + <br /> <br /> + </p> +<pre xml:space="preserve"> + + + + + +End of the Project Gutenberg EBook of The History of England in Three +Volumes, Vol.I., Part B., by David Hume + +*** END OF THIS PROJECT GUTENBERG EBOOK HISTORY OF ENGLAND *** + +***** This file should be named 19212-h.htm or 19212-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/9/2/1/19212/ + +Produced by David Widger and the Online Distributed +Proofreading Team at http://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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b/old/files/relative.htm @@ -0,0 +1,24403 @@ +<?xml version="1.0" encoding="iso-8859-1"?> + +<!DOCTYPE html + PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd" > + +<html xmlns="http://www.w3.org/1999/xhtml" lang="en"> + <head> + <title> + The History of England, Vol. Ib. by DAVID HUME + </title> + <style type="text/css" xml:space="preserve"> + + body { margin:5%; background:#faebd7; text-align:justify} + P { text-indent: 1em; margin-top: .25em; margin-bottom: .25em; } + H1,H2,H3,H4,H5,H6 { text-align: center; margin-left: 15%; margin-right: 15%; } + hr { width: 50%; text-align: center;} + .foot { margin-left: 20%; margin-right: 20%; text-align: justify; text-indent: -3em; font-size: 90%; } + blockquote {font-size: 97%; font-style: italic; margin-left: 10%; margin-right: 10%;} + .mynote {background-color: #DDE; color: #000; padding: .5em; margin-left: 10%; margin-right: 10%; font-family: sans-serif; font-size: 95%;} + .toc { margin-left: 10%; margin-bottom: .75em;} + .toc2 { margin-left: 20%;} + div.fig { display:block; margin:0 auto; text-align:center; } + .figleft {float: left; margin-left: 0%; margin-right: 1%;} + .figright {float: right; margin-right: 0%; margin-left: 1%;} + .pagenum {display:inline; font-size: 70%; font-style:normal; + margin: 0; padding: 0; position: absolute; right: 1%; + text-align: right;} + pre { font-style: italic; font-size: 90%; margin-left: 10%;} + +</style> + </head> + <body> +<pre xml:space="preserve"> + +The Project Gutenberg EBook of The History of England in Three Volumes, +Vol.I., Part B., by David Hume + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The History of England in Three Volumes, Vol.I., Part B. + From Henry III. to Richard III. + +Author: David Hume + +Release Date: September 8, 2006 [EBook #19212] +Last Updated: November 10, 2012 + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK HISTORY OF ENGLAND *** + + + + +Produced by David Widger and the Online Distributed +Proofreading Team at http://www.pgdp.net + + + + + + +</pre> + <p> + <br /> <br /> + </p> + <div class="fig" style="width:80%"> + <img alt="spines (154K)" src="images/spines.jpg" width="100%" /><br /> + </div> + <p> + <br /> <br /> <br /> <br /> + </p> + <div class="fig" style="width:80%"> + <img alt="cover (124K)" src="images/cover.jpg" width="100%" /><br /> + </div> + <p> + <br /> <br /> <br /> <br /> + </p> + <div class="fig" style="width:80%"> + <img alt="cover_egraving_th (140K)" src="images/cover_egraving_th.jpg" + width="100%" /><br /> + </div> + <p> + <br /> <br /> + </p> + <h1> + THE HISTORY OF ENGLAND + </h1> + <h3> + Volume One of Three + </h3> + <h2> + FROM THE INVASION OF JULIUS CÆSAR <br /> <br /> TO THE END OF THE REIGN OF + JAMES THE SECOND, + </h2> + <h1> + BY DAVID HUME, ESQ. + </h1> + <h2> + 1688 + </h2> + <p> + <br /> <br /> + </p> + <h4> + London: James S. Virtue, City Road and Ivy Lane<br /> New York: 26 John + Street<br /> 1860<br /> <br /> And<br /> <br /> Philadelphia:<br /> J. B. + Lippincott & Co.<br /> March 17, 1901 + </h4> + <p> + <br /> <br /> + </p> + <h2> + In Three Volumes: + </h2> + <table summary=""> + <tr> + <td> + <p> + <b>VOLUME ONE: The History Of England From The Invasion Of Julius + Cæsar To <br /> The End Of The Reign Of James The Second............ + By David Hume, Esq. <br /> <br /> VOLUME TWO: Continued from the Reign + of William and Mary to the Death of <br /> George + II........................................... by Tobias Smollett. + <br /> <br /> VOLUME THREE: From the Accession of George III. to the + Twenty-Third Year <br /> of the Reign of Queen + Victoria............... by E. Farr and E.H. Nolan.</b> + </p> + </td> + </tr> + </table> + <p> + <br /> <br /> + </p> + <h1> + VOLUME ONE + </h1> + <h2> + Part B. <br /> <br /> <i>From Henry III. to Richard III.</i> + </h2> + <p> + <br /> <br /> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_frontis_hume.jpg" title="PORTRAIT OF DAVID HUME" + alt="Frontispiece.jpg Portrait of Hume. " width="100%" /><br /> + </div> + <div class="fig" style="width:80%"> + <img src="images/titlepage12.jpg" + alt="Titlepage.jpg Boadicea Haranguing the Britons " width="100%" /><br /> + </div> + <div class="fig" style="width:80%"> + <img alt="titlepage_v1 (125K)" src="images/titlepage_v1.jpg" width="100%" /><br /> + </div> + <p> + <br /> <br /> <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> + </p> + <blockquote> + <p class="toc"> + <big><b>CONTENTS</b></big> + </p> + <p> + <br /> + </p> + <p> + <a href="#link2HCH0001"> CHAPTER XII. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0002"> HENRY III. </a> + </p> + <p> + <a href="#link2HCH0002"> CHAPTER XIII. </a> + </p> + <p class="toc"> + <a href="#linkedward1"> EDWARD I. </a> + </p> + <p> + <a href="#link2HCH0003"> CHAPTER XIV. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0006"> EDWARD II. </a> + </p> + <p> + <a href="#link2HCH0004"> CHAPTER XV. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0008"> EDWARD III. </a> + </p> + <p> + <a href="#link2HCH0005"> CHAPTER XVI. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0010"> EDWARD III. </a> + </p> + <p> + <a href="#link2HCH0006"> CHAPTER XVII. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0012"> RICHARD II. </a> + </p> + <p> + <a href="#link2HCH0007"> CHAPTER XVIII. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0014"> HENRY IV </a> + </p> + <p> + <a href="#link2HCH0008"> CHAPTER XIX. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0016"> HENRY V. </a> + </p> + <p> + <a href="#link2HCH0009"> CHAPTER XX. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0018"> HENRY VI. </a> + </p> + <p> + <a href="#linkchapter21"> CHAPTER XXI. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0019"> HENRY VI. </a> + </p> + <p> + <a href="#link2HCH0010"> CHAPTER XXII. </a> + </p> + <p class="toc"> + <a href="#linkedward4"> EDWARD IV. </a> + </p> + <p> + <a href="#link2HCH0011"> CHAPTER XXIII. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0022"> EDWARD V. AND RICHARD III. </a> + </p> + <p> + <a href="#link2HCH0012"> CHAPTER XXIII. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0024"> RICHARD III. </a> + </p> + <p> + <a href="#link2H_NOTE"> NOTES. </a> + </p> + <p> + <br /> <br /> <br /> <br /> + </p> + <p class="toc"> + <big><b>ILLUSTRATIONS</b></big> + </p> + <p> + <br /> + </p> + <p> + <a href="#linkimage-0001"> Henry III. </a> + </p> + <p> + <a href="#linkimage-0002"> Edward I. </a> + </p> + <p> + <a href="#linkimage-0003"> Carnarvon Castle </a> + </p> + <p> + <a href="#linkimage-0004"> Edward II. </a> + </p> + <p> + <a href="#linkimage-0005"> Edward III. </a> + </p> + <p> + <a href="#linkimage-0006"> Surrender of Calais </a> + </p> + <p> + <a href="#linkimage-0007"> Richard II. </a> + </p> + <p> + <a href="#linkimage-0008"> Wat Tyler </a> + </p> + <p> + <a href="#linkimage-0009"> Richard II. Entry Into London </a> + </p> + <p> + <a href="#linkimage-0010"> Henry IV. </a> + </p> + <p> + <a href="#linkimage-0011"> Henry V. </a> + </p> + <p> + <a href="#linkimage-0012"> Henry VI. </a> + </p> + <p> + <a href="#linkimage-0013"> Joan D'Arc </a> + </p> + <p> + <a href="#linkimage-0014"> St. Albans Abbey </a> + </p> + <p> + <a href="#linkimage-0015"> Edward IV. </a> + </p> + <p> + <a href="#linkimage-0016"> Edward V. </a> + </p> + <p> + <a href="#linkimage-0017"> Richard III. </a> + </p> + </blockquote> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="link2HCH0001" id="link2HCH0001"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XII. + </h2> + <p> + <a name="linkimage-0001" id="linkimage-0001"> + <!-- IMG --></a> <a href="images/1_155_henry3.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_155_henry3_th.jpg" title="Henry III." + alt="1_155_henry3.jpg Henry III. " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0002" id="link2H_4_0002"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + HENRY III. + </h2> + <p class="side"> + 1216. + </p> + <p> + Most sciences, in proportion as they increase and improve, invent methods + by which they facilitate their reasonings, and, employing general + theorems, are enabled to comprehend, in a few propositions, a great number + of inferences and conclusions. History, also, being a collection of facts + which are multiplying without end, is obliged to adopt such arts of + abridgment, to retain the more material events, and to drop all the minute + circumstances, which are only interesting during the time, or to the + persons engaged in the transactions. This truth is nowhere more evident + than with regard to the reign upon which we are going to enter. What + mortal could have the patience to write or read a long detail of such + frivolous events as those with which it is filled, or attend to a tedious + narrative which would follow, through a series of fifty-six years, the + caprices and weaknesses of so mean a prince as Henry? The chief reason why + Protestant writers have been so anxious to spread out the incidents of + this reign, is in order to expose the rapacity, ambition, and artifices of + the court of Rome, and to prove, that the great dignitaries of the + Catholic church, while they pretended to have nothing in view but the + salvation of souls, had bent all their attention to the acquisition of + riches, and were restrained by no sense of justice or of honor in the + pursuit of that great object.[*] But this conclusion would readily be + allowed them, though it were not illustrated by such a detail of + uninteresting incidents; and follows indeed, by an evident necessity, from + the very situation in which that church was placed with regard to the rest + of Europe. For, besides that ecclesiastical power, as it can always cover + its operations under a cloak of sanctity, and attacks men on the side + where they dare not employ their reason, lies less under control than + civil government; besides this general cause, I say, the pope and his + courtiers were foreigners to most of the churches which they governed; + they could not possibly have any other object than to pillage the + provinces for present gain; and as they lived at a distance, they would be + little awed by shame or remorse in employing every lucrative expedient + which was suggested to them. England being one of the most remote + provinces attached to the Romish hierarchy, as well as the most prone to + superstition, felt severely, during this reign, while its patience was not + yet fully exhausted, the influence of these causes, and we shall often + have occasion to touch cursorily upon such incidents. But we shall not + attempt to comprehend every transaction transmitted to us: and till the + end of the reign, when the events become more memorable, we shall not + always observe an exact chronological order in our narration. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 623. +</pre> + <p> + The earl of Pembroke, who at the time of John's death, was mareschal of + England, was, by his office, at the head of the armies, and consequently, + during a state of civil wars and convulsions, at the head of the + government; and it happened, fortunately for the young monarch and for the + nation, that the power could not have been intrusted into more able and + more faithful hands. This nobleman, who had maintained his loyalty + unshaken to John during the lowest fortune of that monarch, determined to + support the authority of the infant prince; nor was he dismayed at the + number and violence of his enemies. Sensible that Henry, agreeably to the + prejudices of the times, would not be deemed a sovereign till crowned and + anointed by a churchman, he immediately carried the young prince to + Glocester, where the ceremony of coronation was performed, in the presence + of Gualo, the legate, and of a few noblemen, by the bishops of Winchester + and Bath.[*] As the concurrence of the papal authority was requisite to + support the tottering throne, Henry was obliged to swear fealty to the + pope, and renew that homage to which his father had already subjected the + kingdom:[**] and in order to enlarge the authority of Pembroke, and to + give him a more regular and legal title to it, a general council of the + barons was soon after summoned at Bristol, where that nobleman was chosen + protector of the realm. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 290. Hist Croyl. Cont. p. 474. W. Heming. p. + 562. Privet, p. 168. + + ** M. Paris, p. 200. +</pre> + <p> + Pembroke, that he might reconcile all men to the government of his pupil, + made him grant a new charter of liberties, which, though mostly copied + from the former concessions extorted from John, contains some alterations + which may be deemed remarkable.[*] The full privilege of elections in the + clergy, granted by the late king, was not confirmed, nor the liberty of + going out of the kingdom without the royal consent: whence we may + conclude, that Pembroke and the barons, jealous of the ecclesiastical + power, both were desirous of renewing the king's claim to issue a congé + d'élire to the monks and chapters, and thought it requisite to put some + check to the frequent appeals to Rome. But what may chiefly surprise us + is, that the obligation to which John had subjected himself, of obtaining + the consent of the great council before he levied any aids or scutages + upon the nation, was omitted; and this article was even declared hard and + severe, and was expressly left to future deliberation. But we must + consider, that, though this limitation may perhaps appear to us the most + momentous in the whole charter of John, it was not regarded in that light + by the ancient barons, who were more jealous in guarding against + particular acts of violence in the crown than against such general + impositions which, unless they were evidently reasonable and necessary, + could scarcely, without general consent, be levied upon men who had arms + in their hands, and who could repel any act of oppression by which they + were all immediately affected. We accordingly find, that Henry, in the + course of his reign, while he gave frequent occasions for complaint with + regard to his violations of the Great Charter, never attempted, by his own + will, to levy any aids or scutages, though he was often reduced to great + necessities, and was refused supply by his people. + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 215. +</pre> + <p> + So much easier was it for him to transgress the law, when individuals + alone were affected, than even to exert his acknowledged prerogatives, + where the interest of the whole body was concerned. + </p> + <p> + This charter was again confirmed by the king in the ensuing year, with the + addition of some articles to prevent the oppressions by sheriffs; and also + with an additional charter of forests, a circumstance of great moment in + those ages, when hunting was so much the occupation of the nobility, and + when the king comprehended so considerable a part of the kingdom within + his forests, which he governed by peculiar and arbitrary laws. All the + forests, which had been enclosed since the reign of Henry II., were + disafforested, and new perambulations were appointed for that purpose; + offences in the forests were declared to be no longer capital, but + punishable by fine, imprisonment, and more gentle penalties; and all the + proprietors of land recovered the power of cutting and using their own + wood at their pleasure. + </p> + <p> + Thus these famous charters were brought nearly to the shape in which they + have ever since stood; and they were, during many generations, the + peculiar favorites of the English nation, and esteemed the most sacred + rampart to national liberty and independence. As they secured the rights + of all orders of men, they were anxiously defended by all, and became the + basis, in a manner, of the English monarchy, and a kind of original + contract which both limited the authority of the king and insured the + conditional allegiance of his subjects. Though often violated, they were + still claimed by the nobility and people; and as no precedents were + supposed valid that infringed them, they rather acquired than lost + authority, from the frequent attempts made against them in several ages by + regal and arbitrary power. + </p> + <p> + While Pembroke, by renewing and confirming the Great Charter, gave so much + satisfaction and security to the nation in general, he also applied + himself successfully to individuals; he wrote letters, in the king's name, + to all the malcontent barons; in which he represented to them that, + whatever jealousy and animosity they might have entertained against the + late king, a young prince, the lineal heir of their ancient monarchs, had + now succeeded to the throne, without succeeding either to the resentments + or principles of his predecessor; that the desperate expedient, which they + had employed, of calling in a foreign potentate, had, happily for them as + well as for the nation, failed of entire success, and it was still in + their power, by a speedy return to their duty, to restore the independence + of the kingdom, and to secure that liberty for which they so zealously + contended; that as all past offences of the barons were now buried in + oblivion, they ought, on their part, to forget their complaints against + their late sovereign, who, if he had been anywise blamable in his conduct + had left to his son the salutary warning, to avoid the paths which had led + to such fatal extremities: and that having now obtained a charter for + their liberties, it was their interest to show, by their conduct, that + this acquisition was not incompatible with their allegiance, and that the + rights of king and people, so far from being hostile and opposite, might + mutually support and sustain each other.[*] + </p> + <p> + These considerations, enforced by the character of honor and constancy + which Pembroke had ever maintained, had a mighty influence on the barons; + and most of them began secretly to negotiate with him, and many of them + openly returned to their duty. The diffidence which Lewis discovered of + their fidelity, forwarded this general propension towards the king; and + when the French prince refused the government of the castle of Hertford to + Robert Fitz-Walter, who had been so active against the late king, and who + claimed that fortress as his property, they plainly saw that the English + were excluded from every trust, and that foreigners had engrossed all the + confidence and affection of their new sovereign.[**] The excommunication, + too, denounced by the legate against all the adherents of Lewis, failed + not, in the turn which men's dispositions had taken, to produce a mighty + effect upon them; and they were easily persuaded to consider a cause as + impious, for which they had already entertained an unsurmountable + aversion.[***] Though Lewis made a journey to France, and brought over + succors from that kingdom [****] he found, on his return, that his party + was still more weakened by the desertion of his English confederates, and + that the death of John had, contrary to his expectations, given an + incurable wound to his cause. The earls of Salisbury Arundel, and + Warrenne, together with William Mareschal, eldest son of the protector, + had embraced Henry's party; and every English nobleman was plainly + watching for an opportunity of returning to his allegiance. + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 215. Brady's App. No. 143. + + ** M. Paris, p. 200, 202. + + *** Ibid. p. 200 M. West, p. 277 + + **** Chron. Dunst vol. i. p. 79. +</pre> + <p> + Pembroke was so much strengthened by these accessions, that he ventured to + invest Mount Sorel; though, upon the approach of the count of Perche with + the French army, he desisted from his enterprise, and raised the siege.[*] + The count, elated with this success, marched to Lincoln; and being + admitted into the town, he began to attack the castle, which he soon + reduced to extremity. The protector summoned all his forces from every + quarter, in order to relieve a place of such importance; and he appeared + so much superior to the French, that they shut themselves up within the + city, and resolved to act upon the defensive.[**] But the garrison of the + castle, having received a strong reënforcement, made a vigorous sally upon + the besiegers; while the English army, by concert, assaulted them in the + same instant from without, mounted the walls by scalade, and bearing down + all resistance, entered the city sword in hand. Lincoln was delivered over + to be pillaged; the French army was totally routed; the count de Perche, + with only two persons more, was killed, but many of the chief commanders, + and about four hundred knights, were made prisoners by the English.[***] + So little blood was shed in this important action, which decided the fate + of one of the most powerful kingdoms in Europe; and such wretched soldiers + were those ancient barons, who yet were unacquainted with every thing but + arms! + </p> +<pre xml:space="preserve"> + * M. Paris, p. 203 + + ** Chron. Dunst vol. i. p. 81. + + *** M. Paris, p. 204, 205. + + **** Chron. de Mailr. p. 195. +</pre> + <p> + Prince Lewis was informed of this fatal event while employed in the siege + of Dover, which was still valiantly defended against him by Hubert de + Burgh. He immediately retreated to London, the centre and life of his + party; and he there received intelligence of a new disaster, which put an + end to all his hopes. A French fleet, bringing over a strong, + reënforcement, had appeared on the coast of Kent; where they were attacked + by the English under the command of Philip d'Albiney, and were routed with + considerable loss. D'Albiney employed a stratagem against them, which is + said to have contributed to the victory: having gained the wind of the + French, he came down upon them with violence; and throwing in their faces + a great quantity of quick lime, which he purposely carried on board, he so + blinded them, that they were disabled from defending themselves.[*] + </p> + <p> + After this second misfortune of the French, the English barons hastened + every where to make peace with the protector, and, by an early submission, + to prevent those attainders to which they were exposed on account of their + rebellion. Lewis, whose cause was now totally desperate, began to be + anxious for the safety of his person, and was glad, on any honorable + conditions, to make his escape from a country where he found every thing + was now become hostile to him. He concluded a peace with Pembroke, + promised to evacuate the kingdom, and only stipulated in return an + indemnity to his adherents, and a restitution of their honors and + fortunes, together with the free and equal enjoyment of those liberties + which had been granted to the rest of the nation.[**] Thus was happily + ended a civil war which seemed to be founded on the most incurable hatred + and jealousy, and had threatened the kingdom with the most fatal + consequences. + </p> + <p> + The precautions which the king of France used in the conduct of this whole + affair are remarkable. He pretended that his son had accepted of the offer + from the English barons without his advice, and contrary to his + inclination: the armies sent to England were levied in Lewis's name: when + that prince came over to France for aid, his father publicly refused to + grant him any assistance, and would not so much as admit him to his + presence: even after Henry's party acquired the ascendant, and Lewis was + in danger of falling into the hands of his enemies, it was Blanche of + Castile his wife, not the king his father, who raised armies and equipped + fleets for his succor.[***] + </p> +<pre xml:space="preserve"> + *. M. Paris, p. 206. Ann. Waverl. p. 183. W. Heming. p. 563. + Trivet, p. 109. M. West. p. 277. Knyghton, p. 2428. + + **. Rhymer, vol. i. p. 221. M. Paris, p. 207. Chron. Dunst. + vol. i. p. 83. M. West. p. 278. Knyghton, p. 2429. + + *** M, Paris, p. 256. Chron. Dunst, vol. i. p. 82. +</pre> + <p> + All these artifices were employed, not to satisfy the pope; for he had too + much penetration to be so easily imposed on: nor yet to deceive the + people; for they were too gross even for that purpose: they only served + for a coloring to Philip's cause; and in public affairs men are often + better pleased that the truth, though known to every body, should be + wrapped up under a decent cover, than if it were exposed in open daylight + to the eyes of all the world. + </p> + <p> + After the expulsion of the French, the prudence and equity of the + protector's subsequent conduct contributed to cure entirely those wounds + which had been made by intestine discord. He received the rebellious + barons into favor; observed strictly the terms of peace which he had + granted them; restored them to their possessions; and endeavored, by an + equal behavior, to bury all past animosities in perpetual oblivion. The + clergy alone, who had adhered to Lewis, were sufferers in this revolution. + As they had rebelled against their spiritual sovereign, by disregarding + the interdict and excommunication, it was not in Pembroke's power to make + any stipulations in their favor; and Gualo, the legate, prepared to take + vengeance on them for their disobedience.[*] Many of them were deposed; + many suspended; some banished; and all who escaped punishment made + atonement for their offence, by paying large sums to the legate, who + amassed an immense treasure by this expedient. + </p> + <p> + The earl of Pembroke did not long survive the pacification, which had been + chiefly owing to his wisdom and valor;[*] and he was succeeded in the + government by Peter des Roches, bishop of Winchester, and Hubert de Burgh, + the justiciary. The counsels of the latter were chiefly followed; and had + he possessed equal authority in the kingdom with Pembroke, he seemed to be + every way worthy of filling the place of that virtuous nobleman. But the + licentious and powerful barons, who had once broken the reins of + subjection to their prince, and had obtained by violence an enlargement of + their liberties and independence, could ill be restrained by laws under a + minority; and the people, no less than the king, suffered from their + outrages and disorders. They retained by force the royal castles, which + they had seized during the past convulsions, or which had been committed + to their custody by the protector;[**] they usurped the king's + demesnes;[***] they oppressed their vassals; they infested their weaker + neighbors; they invited all disorderly people to enter in their retinue, + and to live upon their lands; and they gave them protection in all their + robberies and extortions. + </p> +<pre xml:space="preserve"> + * Brady's App. No. 144. Chron. Dunst. vol. i. p. 83. + + ** M. Paris, p. 210. * Trivet, p. 174 + + *** Rymer, vol. i. p. 276. +</pre> + <p> + No one was more infamous for these violent and illegal practices than the + earl of Albemarle; who, though he had early returned to his duty, and had + been serviceable in expelling the French, augmented to the utmost the + general disorder, and committed outrages in all the counties of the north. + In order to reduce him to obedience, Hubert seized an opportunity of + getting possession of Rockingham Castle, which Albemarle had garrisoned + with his licentious retinue: but this nobleman, instead of submitting, + entered into a secret confederacy with Fawkes de Breauté, Peter de + Mauleon, and other barons, and both fortified the Gastle of Biham for his + defence, and made himself master by surprise of that of Fotheringay. + Pandulf, who was restored to his legateship, was active in suppressing + this rebellion; and with the concurrence of eleven bishops, he pronounced + the sentence of excommunication against Albemarle and his adherents:[*] an + army was levied: a scutage of ten shillings a knight's fee was imposed on + all the military tenants. Albemarle's associates gradually deserted him; + and he himself was obliged at last to sue for mercy. He received a pardon, + and was restored to his whole estate. + </p> + <p> + This impolitic lenity, too frequent in those times, was probably the + result of a secret combination among the barons, who never could endure to + see the total ruin of one of their own order: but it encouraged Fawkes de + Breauté, a man whom King John had raised from a low origin, to persevere + in the course of violence to which he had owed his fortune and to set at + nought all law and justice. When thirty-five verdicts were at one time + found against him, on account of his violent expulsion of so many + freeholders from their possessions, he came to the court of justice with + an armed force, seized the judge who had pronounced the verdicts, and + imprisoned him in Bedford Castle. He then levied open war against the + king; but being subdued and taken prisoner, his life was granted him; but + his estate was confiscated, and he was banished the kingdom.[**] + </p> +<pre xml:space="preserve"> + * Chron. Dunst. vol. i. p. 102. + + ** Rymer, vol. i. p. 198. M. Paris, p. 221, 224. Ann. Waverl + p. 188, Chron. Dunst vol. i. p. 141, 146. M. West, p. 283. +</pre> + <p class="side"> + 1222. + </p> + <p> + Justice was executed with greater severity against disorders less + premeditated, which broke out in London. A frivolous emulation in a match + of wrestling, between the Londoners on the one hand, and the inhabitants + of Westminster and those of the neighboring villages on the other, + occasioned this commotion. The former rose in a body, and pulled down some + houses belonging to the abbot of Westminster: but this riot, which, + considering the tumultuous disposition familiar to that capital, would + have been little regarded, seemed to become more serious by the symptoms + which then appeared of the former attachment of the citizens to the French + interest. The populace, in the tumult, made use of the cry of war commonly + employed by the French troops: "Mountjoy, Mountjoy, God help us and our + lord Lewis." The justiciary made inquiry into the disorder; and finding + one Constantine Fitz-Arnulf to have been the ring-*leader, an insolent + man, who justified his crime in Hubert's presence, he proceeded against + him by martial law, and ordered him immediately to be hanged, without + trial or form of process. He also cut off the feet of some of + Constantine's accomplices.[*] + </p> + <p> + This act of power was complained of as an infringement of the Great + Charter: yet the justiciary, in a parliament summoned at Oxford, (for the + great councils about this time began to receive that appellation,) made no + scruple to grant in the king's name a renewal and confirmation of that + charter. When the assembly made application to the crown for this favor,—as + a law in those times seemed to lose its validity if not frequently + renewed,—William de Briewere, one of the council of regency, was so + bold as to say openly, that those liberties were extorted by force, and + ought not to be observed: but he was reprimanded by the archbishop of + Canterbury, and was not countenanced by the king or his chief + ministers.[**] A new confirmation was demanded and granted two years + after; and an aid, amounting to a fifteenth of all movables, was given by + the parliament, in return for this indulgence. The king issued writs anew + to the sheriffs, enjoining the observance of the charter; but he inserted + a remarkable clause in the writs, that those who paid not the fifteenth + should not for the future be entitled to the benefit of those + liberties.[***] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 217, 218, 259. Ann. Waverl. p. 187. Chron. + Dunst. vol. i. p. 129. + + ** M. West. p. 282. + + *** Clause ix. H. 3, m. 9, and m. 6, d. +</pre> + <p> + The low state into which the crown was fallen, made it requisite for a + good minister to be attentive to the preservation of the royal + prerogatives, as well as to the security of public liberty. Hubert applied + to the pope, who had always great authority in the kingdom, and was now + considered as its superior lord, and desired him to issue a bull, + declaring the king to be of full age, and entitled to exercise in person + all the acts of royalty.[*] In consequence of this declaration, the + justiciary resigned into Henry's hands the two important fortresses of the + Tower and Dover Castle, which had been intrusted to his custody; and he + required the other barons to imitate his example. They refused compliance: + the earls of Chester and Albemarle, John Constable of Chester, John de + Lacy, Brian de l'Isle, and William de Cantel, with some others, even + formed a conspiracy to surprise London, and met in arms at Waltham with + that intention: but finding the king prepared for defence, they desisted + from their enterprise. When summoned to court in order to answer for their + conduct, they scrupled not to appear, and to confess the design: but they + told the king that they had no bad intentions against his person, but only + against Hubert de Burgh, whom they were determined to remove from his + office.[**] They appeared too formidable to be chastised; and they were so + little discouraged by the failure of their first enterprise, that they + again met in arms at Leicester, in order to seize the king, who then + resided at Northampton: but Henry, informed of their purpose, took care to + be so well armed and attended, that the barons found it dangerous to make + the attempt; and they sat down and kept Christmas in his + neighborhood.[***] The archbishop and the prelates, finding every thing + tend towards a civil war, interposed with their authority, and threatened + the barons with the sentence of excommunication, if they persisted in + detaining the king's castles. This menace at last prevailed: most of the + fortresses were surrendered; though the barons complained that Hubert's + castles were soon after restored to him, while the king still kept theirs + in his own custody. There are said to have been one thousand one hundred + and fifteen castles at that time in England.[****] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 220. + + ** Chron. Dunst. vol. i. p. 137. + + *** M. Paris, p. 221. Chron. Dunst. vol. i. p. 138. + + **** Coke's Comment on Magna Charta, chap. 17. +</pre> + <p> + It must be acknowledged that the influence of the prelates and the clergy + was often of great service to the public. + </p> + <p> + Though the religion of that age can merit no better name than that of + superstition, it served to unite together a body of men who had great sway + over the people, and who kept the community from falling to pieces, by the + factions and independent power of the nobles. And what was of great + importance, it threw a mighty authority into the hands of men, who by + their profession were averse to arms and violence, who tempered by their + mediation the general disposition towards military enterprises; and who + still maintained, even amidst the shock of arms, those secret links, + without which it is impossible for human society to subsist. + </p> + <p> + Notwithstanding these intestine commotions in England, and the precarious + authority of the crown, Henry was obliged to carry on war in France; and + he employed to that purpose the fifteenth which had been granted him by + parliament. Lewis VIII., who had succeeded to his father Philip, instead + of complying with Henry's claim, who demanded the restitution of Normandy + and the other provinces wrested from England, made an irruption into + Poictou, took Rochelle[*] after a long siege, and seemed determined to + expel the English from the few provinces which still remained to them. + Henry sent over his uncle, the earl of Salisbury, together with his + brother, Prince Richard, to whom he had granted the earldom of Cornwall, + which had escheated to the crown. Salisbury stopped the progress of + Lewis's arms, and retained the Poictevin and Gascon vassals in their + allegiance: but no military action of any moment was performed on either + side. The earl of Cornwall, after two years' stay in Guienne, returned to + England. + </p> +<pre xml:space="preserve"> + * Rymer, vol i. p. 269. Trivet, p. 179. +</pre> + <p class="side"> + 1227. + </p> + <p> + This prince was nowise turbulent or factious in his disposition: his + ruling passion was to amass money, in which he succeeded so well as to + become the richest subject in Christendom: yet his attention to gain threw + him sometimes into acts of violence, and gave disturbance to the + government. There was a manor, which had formerly belonged to the earldom + of Cornwall but had been granted to Waleran de Ties, before Richard had + been invested with that dignity, and while the earldom remained in the + crown. Richard claimed this manor, and expelled the proprietor by force: + Waleran complained: the king ordered his brother to do justice to the man, + and restore him to his rights: the earl said that he would not submit to + these orders, till the cause should be decided against him by the judgment + of his peers: Henry replied, that it was first necessary to reinstate + Waleran in possession, before the cause could be tried; and he reiterated + his orders to the earl.[*] We may judge of the state of the government, + when this affair had nearly produced a civil war The earl of Cornwall, + finding Henry peremptory in his commands, associated himself with the + young earl of Pembroke who had married his sister, and who was displeased + on account of the king's requiring him to deliver up some royal castles + which were in his custody. These two malecontents took into the + confederacy the earls of Chester, Warrenne, Glocester, Hereford, Warwick, + and Ferrers, who were all disgusted on a like account. [**] They assembled + an army, which the king had not the power or courage to resist; and he was + obliged to give his brother satisfaction, by grants of much greater + importance than the manor, which had been the first ground of the + quarrel.[***] + </p> + <p> + The character of the king, as he grew to man's estate, became every day + better known; and he was found in every respect unqualified for + maintaining a proper sway among those turbulent barons, whom the feudal + constitution subjected to his authority. Gentle, humane, and merciful even + to a fault, he seems to have been steady in no other circumstance of his + character; but to have received every impression from those who surrounded + him, and whom he loved, for the time, with the most imprudent and most + unreserved affection. Without activity or vigor, he was unfit to conduct + war; without policy or art, he was ill fitted to maintain peace: his + resentments, though hasty and violent, were not dreaded, while he was + found to drop them with such facility; his friendships were little valued, + because they were neither derived from choice, nor maintained with + constancy: a proper pageant of state in a regular monarchy, where his + ministers could have conducted all affairs in his name and by his + authority; but too feeble in those disorderly times to sway a sceptre, + whose weight depended entirely on the firmness and dexterity of the hand + which held it. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 233. + + ** M. Paris, p. 233. + + *** M. Paris, p. 233. +</pre> + <p> + The ablest and most virtuous minister that Henry ever possessed was Hubert + de Burgh;[*] a man who had been steady to the crown in the most difficult + and dangerous times, and who yet showed no disposition, in the height of + his power, to enslave or oppress the people. The only exceptionable part + of his conduct is that which is mentioned by Matthew Paris,[**] if the + fact be really true, and proceeded from Hubert's advice, namely, the + recalling publicly and the annulling of the charter of forests, a + concession so reasonable in itself, and so passionately claimed both by + the nobility and people: but it must be confessed that this measure is so + unlikely, both from the circumstances of the times and character of the + minister, that there is reason to doubt of its reality, especially as it + is mentioned by no other historian. Hubert, while he enjoyed his + authority, had an entire ascendant over Henry, and was loaded with honors + and favors beyond any other subject. + </p> + <p class="side"> + 1231. + </p> + <p> + Besides acquiring the property of many castles and manors, he married the + eldest sister of the king of Scots, was created earl of Kent, and, by an + unusual concession, was made chief justiciary of England for life; yet + Henry, in a sudden caprice, threw off his faithful minister, and exposed + him to the violent persecutions of his enemies. Among other frivolous + crimes objected to him, he was accused of gaining the king's affections by + enchantment, and of purloining from the royal treasury a gem which had the + virtue to render the wearer invulnerable, and of sending this valuable + curiosity to the prince of Wales.[***] The nobility, who hated Hubert on + account of his zeal in resuming the rights and possessions of the crown, + no sooner saw the opportunity favorable, than they inflamed the king's + animosity against him, and pushed him to seek the total ruin of his + minister. Hubert took sanctuary in a church: the king ordered him to be + dragged from thence: he recalled those orders: he afterwards renewed them: + he was obliged by the clergy to restore him to the sanctuary: he + constrained him soon after to surrender himself prisoner, and he confined + him in the castle of the Devizes. Hubert made his escape, was expelled the + kingdom, was again received into favor, recovered a great share of the + king's confidence, but never showed any inclination to reinstate himself + in power and authority.[****] + </p> +<pre xml:space="preserve"> + * Ypod. Neust. p. 464. + + ** Page 232. M. West (p. 216) ascribes this counsel to + Peter, bishop of Winchester. + + *** M. Paris, p. 259. + + **** M. Paris, p. 259, 260, 261, 266. Chron. T. Wykes, p. + 41, 47 Chron. Dunst. vol. i. p. 220, 221. M. West, p. 291, + 301. +</pre> + <p> + The man who succeeded him in the government of the king and kingdom, was + Peter, bishop of Winchester, a Poictevin by birth, who had been raised by + the late king, and who was no less distinguished by his arbitrary + principles and violent conduct, than by his courage and abilities. This + prelate had been left by King John justiciary and regent of the kingdom + during an expedition which that prince made into France; and his illegal + administration was one chief cause of that great combination among the + barons, which finally extorted from the crown the charter of liberties, + and laid the foundation of the English constitution. Henry, though + incapable, from his character, of pursuing the same violent maxims which + had governed his father, had imbibed the same arbitrary principles; and in + prosecution of Peter's advice, he invited over a great number of + Poictevins and other foreigners, who, he believed, could more safely be + trusted than the English, and who seemed useful to counterbalance the + great and independent power of the nobility.[*] Every office and command + was bestowed on these strangers; they exhausted the revenues of the crown, + already too much impoverished;[**] they invaded the rights of the people; + and their insolence, still more provoking than their power, drew on them + the hatred and envy of all orders of men in the kingdom.[***] + </p> + <p class="side"> + 1233. + </p> + <p> + The barons formed a combination against this odious ministry, and withdrew + from parliament, on pretence of the danger to which they were exposed from + the machinations of the Poictevins. When again summoned to attend, they + gave for answer, that the king should dismiss his foreigners, otherwise + they would drive both him and them out of the kingdom, and put the crown + on another head, more worthy to wear it: [****] such was the style they + used to their sovereign. They at last came to parliament, but so well + attended, that they seemed in a condition to prescribe laws to the king + and ministry. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 263 + + ** Chron. Dunst. vol. i. p. 151. + + *** M. Paris, p. 258 + + **** M. Paris, p 265. +</pre> + <p> + Peter des Roches, however, had in the interval found means of sowing + dissension among them, and of bringing over to his party the earl of + Cornwall, as well as the earls of Lincoln and Chester. The confederates + were disconcerted in their measures: Richard, earl Mareschal, who had + succeeded to that dignity on the death of his brother William, was chased + into Wales; he thence withdrew into Ireland, where he was treacherously + murdered by the contrivance of the bishop of Winchester.[*] The estates of + the more obnoxious barons were confiscated, without legal sentence or + trial by their peers; [**] and were bestowed with a profuse liberality on + the Poictevins. Peter even carried his insolence so far as to declare + publicly, that the barons of England must not pretend to put themselves on + the same foot with those of France, or assume the same liberties and + privileges: the monarch in the former country had a more absolute power + than in the latter. It had been more justifiable for him to have said, + that men so unwilling to submit to the authority of laws, could with the + worst grace claim any shelter or protection from them. + </p> + <p> + When the king at any time was checked in his illegal practices, and when + the authority of the Great Charter was objected to him, he was wont to + reply, "Why should I observe this charter, which is neglected by all my + grandees, both prelates and nobility?" It was very reasonably said to him, + "You ought, sir, to set them the example." [***] + </p> + <p> + So violent a ministry as that of the bishop of Winchester could not be of + long duration; but its fall proceeded at last from the influence of the + church, not from the efforts of the nobles. Edmond, the primate, came to + court, attended by many of the other prelates, and represented to the king + the pernicious measures embraced by Peter des Roches, the discontents of + his people, the ruin of his affairs; and after requiring the dismission of + the minister and his associates, threatened him with excommunication in + case of his refusal. Henry, who knew that an excommunication so agreeable + to the sense of the people could not fail of producing the most dangerous + effects, was obliged to submit: foreigners were banished; the natives were + restored to their place in council;[****] the primate, who was a man of + prudence, and who took care to execute the laws and observe the charter of + liberties, bore the chief sway in the government. + </p> + <p class="side"> + 1236. + </p> + <p> + But the English in vain flattered themselves that they should be long free + from the dominion of foreigners. The king, having married Eleanor, + daughter of the count of Provence,[*****] was surrounded by a great number + of strangers from that country, whom he caressed with the fondest + affection, and enriched by an imprudent generosity.[******] + </p> +<pre xml:space="preserve"> + * Chron. Dunst. vol. i p. 219. + + ** M. Paris, p. 265. + + *** M. Paris, p. 608. + + **** M. Paris, p. 271, 272 + + ****** M. Paris, p. 286. +</pre> + <p> + The bishop of Valence, a prelate of the house of Savoy, and maternal uncle + to the queen, was his chief minister, and employed every art to amass + wealth for himself and his relations. Peter of Savoy, a brother of the + same family, was invested in the honor of Richmond, and received the rich + wardship of Earl Warrenne; Boniface of Savoy was promoted to the see of + Canterbury: many young ladies were invited over to Provence, and married + to the chief noblemen of England, who were the king's wards. [*] And, as + the source of Henry's bounty began to fail, his Savoyard ministry applied + to Rome, and obtained a bull, permitting him to resume all past grants; + absolving him from the oath which he had taken to maintain them; even + enjoining him to make such a resumption, and representing those grants as + invalid, on account of the prejudice which ensued from them to the Roman + pontiff, in whom the superiority of the kingdom was vested.[**] The + opposition made to the intended resumption prevented it from taking place; + but the nation saw the indignities to which the king was willing to + submit, in order to gratify the avidity of his foreign favorites. About + the same time he published in England the sentence of excommunication, + pronounced against the emperor Frederic, his brother-in-law;[***] and said + in excuse, that, being the pope's vassal, he was obliged by his allegiance + to obey all the commands of his holiness. In this weak reign, when any + neighboring potentate insulted the king's dominions, instead of taking + revenge for the injury, he complained to the pope as his superior lord, + and begged him to give protection to his vassal.[****] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 236, 301, 305, 316, 541. + + **M. West. p. 302, 304. + + *** M. Paris, p. 484. + + ****M. West.p. 338. +</pre> + <p class="side"> + 1247. + </p> + <p> + The resentment of the English barons rose high at the preference given to + foreigners; but no remonstrance or complaint could ever prevail on the + king to abandon them, or even to moderate his attachment towards them. + After the Provencals and Savoyards might have been supposed pretty well + satiated with the dignities and riches which they had acquired, a new set + of hungry foreigners were invited over, and shared among them those favors + which the king ought in policy to have conferred on the English nobility, + by whom his government could have been supported and defended. His mother + Isabella, who had been unjustly taken by the late king from the count de + la Marche, to whom she was betrothed, was no mistress of herself by the + death of her husband, than she married that nobleman;[*] and she had born + him four sons, Guy, William, Geoffrey, and Aymer, whom she sent over to + England, in order to pay a visit to their brother. The good-natured and + affectionate disposition of Henry was moved at the sight of such near + relations; and he considered neither his own circumstances, nor the + inclinations of his people, in the honors and riches which he conferred + upon them.[**] Complaints rose as high against the credit of the Gascon, + as ever they had done against that of the Poictevin and of the Savoyard + favorites; and to a nation prejudiced against them, all their measures + appeared exceptionable and criminal. Violations of the Great Charter were + frequently mentioned; and it is indeed more than probable, that + foreigners, ignorant of the laws, and relying on the boundless affections + of a weak prince, would, in an age when a regular administration was not + any where known, pay more attention to their present interest than to the + liberties of the people. It is reported that the Poictevins and other + strangers, when the laws were at any time appealed to in opposition to + their oppressions, scrupled not to reply, "What did the English laws + signify to them? They minded them not." And as words are often more + offensive than actions, this open contempt of the English tended much to + aggravate the general discontent, and made every act of violence committed + by the foreigners appear not only an injury, but an affront to them.[***] + </p> + <p> + I reckon not among the violations of the Great Charter some arbitrary + exertions of prerogative to which Henry's necessities pushed him, and + which, without producing any discontent, were uniformly continued by all + his successors, till the last century. As the parliament often refused him + supplies, and that in a manner somewhat rude and indecent,[****] he + obliged his opulent subjects, particularly the citizens of London, to + grant him loans of money; and it is natural to imagine that the same want + of economy which reduced him to the necessity of borrowing, would prevent + him from being very punctual in the repayment.[*****] He demanded + benevolences, or pretended voluntary contributions, from his nobility and + prelates.[******] + </p> +<pre xml:space="preserve"> + * Trivet, p. 174. + + ** M. Paris, p. 491. M. West. p. 338. Knyghton, p. 2436. + + *** M. Paris, p. 566, 666. Ann. Waverl. p. 214. Chron. + Dunst. vol. i. p. 335. + + **** M. Paris, p. 301 + + ****** M. Paris, p. 507 +</pre> + <p> + He was the first king of England, since the conquest, that could fairly be + said to lie under the restraint of law; and he was also the first that + practised the dispensing power, and he employed the clause of "non + obstante" in his grants and patents. When objections were made to this + novelty, he replied that the pope exercised that authority, and why might + not he imitate the example? But the abuse which the pope made of his + dispensing power, in violating the canons of general councils, in invading + the privileges and customs of all particular churches, and in usurping on + the rights of patrons, was more likely to excite the jealousy of the + people than to reconcile them to a similar practice in their civil + government. Roger de Thurkesby, one of the king's justices, was so + displeased with the precedent, that he exclaimed, "Alas! what times are we + fallen into? Behold, the civil court is corrupted in imitation of the + ecclesiastical, and the river is poisoned from that fountain." + </p> + <p> + The king's partiality and profuse bounty to his foreign relations, and to + their friends and favorites, would have appeared more tolerable to the + English, had any thing been done meanwhile for the honor of the nation, or + had Henry's enterprises in foreign countries been attended with any + success or glory to himself or to the public; at least, such military + talents in the king would have served to keep his barons in awe, and have + given weight and authority to his government. But though he declared war + against Lewis IX. in 1242, and made an expedition into Guienne, upon the + invitation of his father-in-law, the count de la Marche, who promised to + join him with all his forces, he was unsuccessful in his attempts against + that great monarch, was worsted at Taillebourg, was deserted by his + allies, lost what remained to him of Poictou, and was obliged to return + with loss of honor into England.[*] + </p> + <p class="side"> + 1253. + </p> + <p> + The Gascon nobility were attached to the English government, because the + distance of their sovereign allowed them to remain in a state of almost + total independence; and they claimed, some time after, Henry's protection + against an invasion which the king of Castile made upon that territory. + Henry returned into Guienne, and was more successful in this expedition; + but he thereby involved himself and his nobility in an enormous debt, + which both increased their discontents, and exposed him to greater danger + from their enterprises.[**] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 393, 394, 398, 399, 405. W. Heming. p. 574. + Chron. Dunst. vol. i. p. 153. + + ** M. Paris, p. 414. +</pre> + <p> + Want of economy and an ill-judged liberality were Henry's great defects; + and his debts, even before this expedition, had become so troublesome, + that he sold all his plate and jewels, in order to discharge them. When + this expedient was first proposed to him, he asked where he should find + purchasers. It was replied, the citizens of London. "On my word," said he, + "if the treasury of Augustus were brought to sale, the citizens are able + to be the purchasers: these clowns, who assume to themselves the name of + barons, abound in every thing, while we are reduced to necessities."[*] + And he was thenceforth observed to be more forward and greedy in his + exactions upon the citizens.[**] + </p> + <p> + But the grievances which the English during this reign had reason to + complain of in the civil government, seem to have been still less + burdensome than those which they suffered from the usurpations and + exactions of the court of Rome. On the death of Langton, in 1228, the + monks of Christ-church elected Walter de Hemesham, one of their own body, + for his successor: but as Henry refused to confirm the election, the pope, + at his desire, annulled it;[***] and immediately appointed Richard, + chancellor of Lincoln, for archbishop, without waiting for a new election. + On the death of Richard, in 1231, the monks elected Ralph de Neville, + bishop of Chichester; and though Henry was much pleased with the election, + the pope, who thought that prelate too much attached to the crown, assumed + the power of annulling his election.[****] He rejected two clergymen more, + whom the monks had successively chosen; and he at last told them that, if + they would elect Edmond, treasurer of the church of Salisbury, he would + confirm their choice; and his nomination was complied with. The pope had + the prudence to appoint both times very worthy primates; but men could not + forbear observing his intention of thus drawing gradually to himself the + right of bestowing that important dignity. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 501. + + ** M. Paris, p. 501, 507, 518, 578, 606, 625, 548. + + *** M. Paris, p. 244. + + **** M. Paris, p. 254. +</pre> + <p> + The avarice, however, more than the ambition of the see of Rome, seems to + have been in this age the ground of general complaint. The papal + ministers, finding a vast stock of power amassed by their predecessors, + were desirous of turning it to immediate profit, which they enjoyed at + home, rather than of enlarging their authority in distant countries, where + they never intended to reside. Every thing was become venal in the Romish + tribunals: simony was openly practised; no favors, and even no justice, + could be obtained without a bribe; the highest bidder was sure to have the + preference, without regard either to the merits of the person or of the + cause; and besides the usual perversions of right in the decision of + controversies, the pope openly assumed an absolute and uncontrolled + authority of setting aside, by the plenitude of his apostolic power, all + particular rules, and all privileges of patrons, churches, and convents. + On pretence of remedying these abuses, Pope Honorius, in 1226, complaining + of the poverty of his see as the source of all grievances, demanded from + every cathedral two of the best prebends, and from every convent two + monks' portions, to be set apart as a perpetual and settled revenue of the + papal crown; but all men being sensible that the revenue would continue + forever, and the abuses immediately return, his demand was unanimously + rejected. About three years after, the pope demanded and obtained the + tenth of all ecclesiastical revenues, which he levied in a very oppressive + manner; requiring payment before the clergy had drawn their rents or + tithes, and sending about usurers, who advanced them the money at + exorbitant interest. In the year 1240, Otho the legate, having in vain + attempted the clergy in a body, obtained separately, by intrigues and + menaces, large sums from the prelates and convents, and on his departure + is said to have carried more money out of the kingdom than he left in it + This experiment was renewed four years after with success by Martin the + nuncio, who brought from Rome powers of suspending and excommunicating all + clergymen that refused to comply with his demands. The king, who relied on + the pope for the support of his tottering authority, never failed to + countenance those exactions. + </p> + <p> + Meanwhile all the chief benefices of the kingdom were conferred on + Italians; great numbers of that nation were sent over at one time to be + provided for; non-residence and pluralities were carried to an enormous + height; Mansel, the king's chaplain, is computed to have held at once + seven hundred ecclesiastical livings; and the abuses became so evident, as + to be palpable to the blindness of superstition itself. The people, + entering into associations, rose against the Italian clergy; pillaged + their barns; wasted their lands; insulted the persons of such of them as + they found in the kingdom;[*] and when the justices made inquiry into the + authors of this disorder, the guilt was found to involve so many, and + those of such high rank, that it passed unpunished. + </p> + <p> + * Rymer, vol. i. p. 323. M. Paris, p. 255, 257. + </p> + <p> + At last, when Innocent IV., in 1245, called a general council at Lyons, in + order to excommunicate the emperor Frederic, the king and nobility sent + over agents to complain, before the council, of the rapacity of the Romish + church. They represented, among many other grievances, that the benefices + of the Italian clergy in England had been estimated, and were found to + amount to sixty thousand marks[*] a year, a sum which exceeded the annual + revenue of the crown itself.[**] They obtained only an evasive answer from + the pope; but as mention had been made, before the council, of the feudal + subjection of England to the see of Rome, the English agents, at whose + head was Roger Bigod, earl of Norfolk, exclaimed against the pretension, + and insisted that King John had no right, without the consent of his + barons, to subject the kingdom to so ignominious a servitude.[***] The + popes, indeed, afraid of carrying matters too far against England, seem + thenceforth to have little insisted on that pretension. + </p> + <p> + This check, received at the council of Lyons, was not able to stop the + court of Rome in its rapacity: Innocent exacted the revenues of all vacant + benefices, the twentieth of all ecclesiastical revenues without exception; + the third of such as were exceeded a hundred marks a year; the half of + such as were possessed by non-residents.[****] He claimed the goods of all + intestate clergymen;[*****] he pretended a title to inherit all money + gotten by usury: he levied benevolences upon the people; and when the + king, contrary to his usual practice, prohibited these exactions, he + threatened to pronounce against him the same censures which he had emitted + against the emperor Frederic.[******] + </p> +<pre xml:space="preserve"> + * Innocent's bull in Rymer, vol. i. p. 471, says only fifty + thousand marks a year. + + ** M. Paris, p. 451. The customs were part of Henry's + revenue, and amounted to six thousand pounds a year: they + were at first email sums paid by the merchants for the use + of the king's ware-houses, measures, weights, etc. See + Gilbert's History of the Exch p. 214. + + *** M. Paris, p. 460. + + **** M. Paris, p. 480. Ann. Burt. p. 305, 573. + + ****** M. Paris, p. 476. +</pre> + <p class="side"> + 1255. + </p> + <p> + But the most oppressive expedient employed by the pope, was the embarking + of Henry in a project for the conquest of Naples, or Sicily on this side + the Fare, as it was called; an enterprise which threw much dishonor on the + king, and involved him, during some years, in great trouble and expense. + The Romish church, taking advantage of favorable incidents, had reduced + the kingdom of Sicily to the same state of feudal vassalage which she + pretended to extend over England; and which, by reason of the distance, as + well as high spirit of this latter kingdom, she was not able to maintain. + After the death of the emperor Frederic II., the succession of Sicily + devolved to Conradine, grandson of that monarch; and Mainfroy, his natural + son, under pretence of governing the kingdom during the minority of the + prince, had formed a scheme of establishing his own authority. Pope + Innocent, who had carried on violent war against the emperor Frederic, and + had endeavored to dispossess him of his Italian dominions, still continued + hostilities against his grandson; but being disappointed in all his + schemes by the activity and artifices of Mainfroy, he found that his own + force alone was not sufficient to bring to a happy issue so great an + enterprise. He pretended to dispose of the Sicilian crown, both as + superior lord of that particular kingdom, and as vicar of Christ, to whom + all kingdoms of the earth were subjected; and he made a tender of it to + Richard, earl of Cornwall, whose immense riches, he flattered himself, + would be able to support the military operations against Mainfroy. As + Richard had the prudence to refuse the present,[*] he applied to the king, + whose levity and thoughtless disposition gave Innocent more hopes of + success; and he offered him the crown of Sicily for his second son, + Edmond.[**] Henry, allured by so magnificent a present, without reflecting + on the consequences, without consulting either with his brother or the + parliament, accepted of the insidious proposal, and gave the pope + unlimited credit to expend whatever sums he thought necessary for + completing the conquest of Sicily. Innocent, who was engaged by his own + interests to wage war with Mainfroy, was glad to carry on his enterprises + at the expense of his ally: Alexander IV., who succeeded him in the papal + throne, continued the same policy, and Henry was surprised to find himself + on a sudden involved in an immense debt, which he had never been consulted + in contracting. The sum already amounted to a hundred and thirty-five + thousand five hundred and forty-one marks, beside interest;[***] and he + had the prospect, if he answered this demand, of being soon loaded with + more exorbitant expenses if he refused it, of both incurring the pope's + displeasure, and losing the crown of Sicily, which he hoped soon to have + the glory of fixing on the head of his son. + </p> +<pre xml:space="preserve"> + * M. Paris, p.650. + + ** Rymer, vol. i. p. 502, 512, 530. M. Paris, p. 599, 613 + + *** Rymer, vol i. p. 587. Chron. Dunst vol. i. p. 319. +</pre> + <p> + He applied to the parliament for supplies; and that he might be sure not + to meet with opposition, he sent no writs to the more refractory barons: + but even those who were summoned, sensible of the ridiculous cheat imposed + by the pope, determined not to lavish their money on such chimerical + projects; and making a pretext of the absence of their brethren, they + refused to take the king's demands into consideration.[*] In this + extremity the clergy were his only resource; and as both their temporal + and spiritual sovereign concurred in loading them, they were ill able to + defend themselves against this united authority. + </p> + <p> + The pope published a crusade for the conquest of Sicily; and required + every one who had taken the cross against the infidels, or had vowed to + advance money for that service, to support the war against Mainfroy, a + more terrible enemy, as he pretended, to the Christian faith than any + Saracen.[**] He levied a tenth on all ecclesiastical benefices in England + for three years; and gave orders to excommunicate all bishops who made not + punctual payment. He granted to the king the goods of intestate clergymen; + the revenues of vacant benefices, the revenues of all non-residents.[***] + But these taxations, being levied by some rule, were deemed less grievous + than another imposition, which arose from the suggestion of the bishop of + Hereford, and which might have opened the door to endless and intolerable + abuses. + </p> + <p> + This prelate, who resided at the court of Rome by a deputation from the + English church, drew bills of different values but amounting on the whole + to a hundred and fifty thousand five hundred and forty marks on all the + bishops and abbots of the kingdom; and granted these bills to Italian + merchants, who, it was pretended, had advanced money for the service of + the war against Mainfroy.[****] As there was no likelihood of the English + prelates' submitting, without compulsion, to such an extraordinary demand, + Rustand the legate was charged with the commission of employing authority + to that purpose, and he summoned an assembly of the bishops and abbots + whom he acquainted with the pleasure of the pope and of the king. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 614 + + ** Rymer, vol. i. p. 547, 548, etc. + + *** Rymer, vol. i. p. 597, 598. + + **** M. Paris, p. 612, 628. Chron. T. Wykes, p. 54. +</pre> + <p> + Great were the surprise and indignation of the assembly: the bishop of + Worcester exclaimed, that he would lose his life rather than comply: the + bishop of London said, that the pope and king were more powerful than he; + but if his mitre were taken off his head, he would clap on a helmet in its + place.[*] The legate was no less violent on the other hand; and he told + the assembly, in plain terms, that all ecclesiastical benefices were the + property of the pope, and he might dispose of them, either in whole or in + part, as he saw proper.[**] In the end, the bishops and abbots, being + threatened with excommunication, which made all their revenues fall into + the king's hands, were obliged to submit to the exaction; and the only + mitigation which the legate allowed them was, that the tenths already + granted should be accepted as a partial payment of the bills. But the + money was still insufficient for the pope's purpose: the conquest of + Sicily was as remote as ever: the demands which came from Rome were + endless: Pope Alexander became so urgent a creditor, that he sent over a + legate to England, threatening the kingdom with an interdict, and the king + with excommunication, if the arrears, which he pretended to be due to him, + were not instantly remitted;[***] and at last Henry, sensible of the + cheat, began to think of breaking off the agreement, and of resigning into + the pope's hands that crown which it was not intended by Alexander that he + or his family should ever enjoy.[****] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 614. + + ** M. Paris, p. 619 + + *** Rymer, vol. i. p. 624. M. Paris, p. 648. + + **** Rymer, vol. i. p. 630. +</pre> + <p> + The earl of Cornwall had now reason to value himself on his foresight, in + refusing the fraudulent bargain with Rome, and in preferring the solid + honors of an opulent and powerful prince of the blood of England, to the + empty and precarious glory of a foreign dignity. But he had not always + firmness sufficient to adhere to this resolution: his vanity and ambition + prevailed at last over his prudence and his avarice; and he was engaged in + an enterprise no less expensive and vexatious than that of his brother, + and not attended with much greater probability of success. The immense + opulence of Richard having made the German princes cast their eye on him + as a candidate for the empire, he was tempted to expend vast sums of money + on his election; and he succeeded so far as to be chosen king of the + Romans, which seemed to render his succession infallible to the imperial + throne. He went over to Germany, and carried out of the kingdom no less a + sum than seven hundred thousand marks, if we may credit the account given + by some ancient authors,[*] which is probably much exaggerated.[**] His + money, while it lasted, procured him friends and partisans; but it was + soon drained from him by the avidity of the German princes; and, having no + personal or family connections in that country, and no solid foundation of + power, he found, at last, that he had lavished away the frugality of a + whole life in order to procure a splendid title; and that his absence from + England, joined to the weakness of his brother's government, gave reins to + the factious and turbulent dispositions of the English barons, and + involved his own country and family in great calamities. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 638. The same author, a few pages before, + makes Richard's treasures amount to little more than half + the sum, (p. 634.) The king's dissipations and expenses, + throughout this whole reign, according to the same author, + had amounted only to about nine hundred and forty thousand + marks, (p. 638.) + + ** The sums mentioned by ancient authors, who were almost all + monks, are often improbable, and never consistent. But we + know from an infallible authority, the public remonstrance + to the council of Lyons, that the king's revenues were below + sixty thousand marks a year: his brother, therefore, could + never have been master of seven hundred thousand marks; + especially as he did not sell his estates in England, as we + learn from the same author; and we hear afterwards of his + ordering all his woods to be cut, in order to satisfy the + rapacity of the German princes: his son succeeded to the + earldom of Cornwall and his other revenues. +</pre> + <p> + The successful revolt of the nobility from King John, and their imposing + on him and his successors limitations of their royal power, had made them + feel their own weight and importance, had set a dangerous precedent of + resistance, and being followed by a long minority, had impoverished as + well as weakened that crown which they were at last induced, from the fear + of worse consequences, to replace on the head of young Henry. In the + king's situation, either great abilities and vigor were requisite to + overawe the barons, or great caution and reserve to give them no pretence + for complaints; and it must be confessed, that this prince was possessed + of neither of these talents. He had not prudence to choose right measures; + he wanted even that constancy which sometimes gives weight to wrong ones; + he was entirely devoted to his favorites, who were always foreigners; he + lavished on them, without discretion, his diminished revenue; and finding + that his barons indulged their disposition towards tyranny, and observed + not to their own vassals the same rules which they had imposed on the + crown, he was apt, in his administration, to neglect all the salutary + articles of the Great Charter; which he remarked to be so little regarded + by his nobility. This conduct had extremely lessened his authority in the + kingdom; had multiplied complaints against him; and had frequently exposed + him to affronts, and even to dangerous attempts upon his prerogative. In + the year 1244, when he desired a supply from parliament, the barons, + complaining of the frequent breaches of the Great Charter, and of the many + fruitless applications which they had formerly made for the redress of + this and other grievances, demanded in return, that he should give them + the nomination of the great justiciary and of the chancellor, to whose + hands chiefly the administration of justice was committed: and, if we may + credit the historian,[*] they had formed the plan of other limitations, as + well as of associations to maintain them, which would have reduced the + king to be an absolute cipher, and have held the crown in perpetual + pupillage and dependence. The king, to satisfy them, would agree to + nothing but a renewal of the charter, and a general permission to + excommunicate all the violators of it; and he received no supply, except a + scutage of twenty shillings on each knight's fee for the marriage of his + eldest daughter to the king of Scotland; a burden which was expressly + annexed to their feudal tenures. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 432. +</pre> + <p> + Four years after, in a full parliament, when Henry demanded a new supply, + he was openly reproached with the breach of his word, and the frequent + violations of the charter. He was asked whether he did not blush to desire + any aid from his people, whom he professedly hated and despised; to whom + on all occasions he preferred aliens and foreigners, and who groaned under + the oppressions which he either permitted or exercised over them. He was + told that, besides disparaging his nobility by forcing them to contract + unequal and mean marriages with strangers, no rank of men was so low as to + escape vexations from him or his ministers; that even the victuals + consumed in his household, the clothes which himself and his servants + wore, still more the wine which they used, were all taken by violence from + the lawful owners, and no compensation was ever made them for the injury; + that foreign merchants, to the great prejudice and infamy of the kingdom + shunned the English harbors as if they were possessed by pirates, and the + commerce with all nations was thus cut off by these acts of violence; that + loss was added to loss, and injury to injury, while the merchants, who had + been despoiled of their goods, were also obliged to carry them at their + own charge to whatever place the king was pleased to appoint them; that + even the poor fishermen on the coast could not escape his oppressions and + those of his courtiers; and finding that they had not full liberty to + dispose of their commodities in the English market, were frequently + constrained to carry them to foreign ports, and to hazard all the perils + of the ocean, rather than those which awaited them from his oppressive + emissaries; and that his very religion was a ground of complaint to his + subjects, while they observed, that the waxen tapers and splendid silks, + employed in so many useless processions, were the spoils which he had + forcibly ravished from the true owners.[*] Throughout this remonstrance, + in which the complaints derived from an abuse of the ancient right of + purveyance may be supposed to be somewhat exaggerated, there appears a + strange mixture of regal tyranny in the practices which gave rise to it, + and of aristocratical liberty, or rather licentiousness, in the + expressions employed by the parliament. But a mixture of this kind is + observable in all the ancient feudal governments, and both of them proved + equally hurtful to the people. + </p> + <p> + As the king, in answer to their remonstrance, gave the parliament only + good words and fair promises, attended with the most humble submissions, + which they had often found deceitful, he obtained at that time no supply; + and therefore, in the year 1253, when he found himself again under the + necessity of applying to parliament, he had provided a new pretence, which + he deemed infallible, and taking the vow of a crusade, he demanded their + assistance in that pious enterprise.[**] The parliament, however, for some + time hesitated to comply, and the ecclesiastical order sent a deputation + consisting of four prelates, the primate and the bishops of Winchester + Salisbury, and Carlisle, in order to remonstrate with him on his frequent + violations of their privileges, the oppressions with which he had loaded + them and all his subjects,[***] and the uncanonical and forced elections + which were made to vacant dignities. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 498. See further, p. 578. M. West. p. 348. + + ** M. Paris, p. 518, 558, 568. Chron. Dunst. vol. i. p. 293. +</pre> +<pre xml:space="preserve"> + *** M. Paris, p. 568. +</pre> + <p> + "It is true," replied the king, "I have been somewhat faulty in this + particular: I obtruded you, my lord of Canterbury, upon your see; I was + obliged to employ both entreaties and menaces, my lord of Winchester, to + have, you elected; my proceedings, I confess, were very irregular, my + lords of Salisbury and Carlisle, when I raised you from the lowest + stations to your present dignities; I am determined henceforth to correct + these abuses; and it will also become you, in order to make a thorough + reformation, to resign your present benefices; and try to enter again in a + more regular and canonical manner."[*] The bishops, surprised at these + unexpected sarcasms, replied, that the question was not at present how to + correct past errors, but to avoid them for the future. The king promised + redress both of ecclesiastical and civil grievances; and the parliament in + return agreed to grant him a supply, a tenth of the ecclesiastical + benefices, and a scutage of three marks on each knight's fee: but as they + had experienced his frequent breach of promise, they required that he + should ratify the Great Charter in a manner still more authentic and more + solemn than any which he had hitherto employed. All the prelates and + abbots were assembled: they held burning tapers in their hands: the Great + Charter was read before them: they denounced the sentence of + excommunication against every one who should thenceforth violate that + fundamental law: they threw their tapers on the ground, and exclaimed, + "May the soul of every one who incurs this sentence so stink and corrupt + in hell!" The king bore a part in this ceremony, and subjoined, "So help + me God, I will keep all these articles inviolate, as I am a man, as I am a + Christian, as I am a knight, and as I am a king crowned and anointed."[**] + Yet was the tremendous ceremony no sooner finished, than his favorites, + abusing his weakness, made him return to the same arbitrary and irregular + administration; and the reasonable expectations of his people were thus + perpetually eluded and disappointed.[***] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 579. + + ** Ibid. p. 580. Ann. Burt. p. 323. Ann. Waverl. p. 210. W + Heming. p. 571. M. West. p. 353. + + *** M. Paris, p. 597, 608. +</pre> + <p class="side"> + 1258. + </p> + <p> + All these imprudent and illegal measures afforded a pretence to Simon de + Mountfort, earl of Leicester, to attempt an innovation in the government, + and to wrest the sceptre from the feeble and irresolute hand which held + it. This nobleman was a younger son of that Simon de Mountfort who had + conducted with such valor and renown the crusade against the Albigenses, + and who, though he tarnished his famous exploits by cruelty and ambition, + had left a name very precious to all the bigots of that age, particularly + to the ecclesiastics. A large inheritance in England fell by succession to + this family; but as the elder brother enjoyed still more opulent + possessions in France, and could not perform fealty to two masters, he + transferred his right to Simon, his younger brother, who came over to + England, did homage for his lands, and was raised to the dignity of earl + of Leicester. In the year 1238, he espoused Eleanor, dowager of William, + earl of Pembroke, and sister to the king;[*] but the marriage of this + princess with a subject and a foreigner, though contracted with Henry's + consent, was loudly complained of by the earl of Cornwall and all the + barons of England; and Leicester was supported against their violence by + the king's favor and authority alone.[**] But he had no sooner established + himself in his possessions and dignities, than he acquired, by insinuation + and address, a strong interest with the nation, and gained equally the + affections of all orders of men. He lost, however, the friendship of Henry + from the usual levity and fickleness of that prince; he was banished the + court; he was recalled; he was intrusted with the command of Guienne,[***] + where he did good service and acquired honor; he was again disgraced by + the king, and his banishment from court seemed now final and irrevocable. + Henry called him traiter to his face; Leicester gave him the lie, and told + him that, if he were not his sovereign, he would soon make him repent of + that insult. Yet was this quarrel accommodated, either from the good + nature or timidity of the king, and Leicester was again admitted into some + degree of favor and authority. But as this nobleman was become too great + to preserve an entire complaisance to Henry's humors, and to act in + subserviency to his other minions, he found more advantage in cultivating + his interest with the public, and in inflaming the general discontents + which prevailed against the administration. He filled every place with + complaints against the infringement of the Great Charter, the acts of + violence committed on the people, the combination between the pope and the + king in their tyranny and extortions, Henry's neglect of his native + subjects and barons; and though himself a foreigner, he was more loud than + any in representing the indignity of submitting to the dominion of + foreigners. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 314. + + ** Ibid, p. 315. + + *** Rymer, vol. i. p. 459, 513. +</pre> + <p> + By his hypocritical pretensions to devotion he gained the favor of the + zealots and clergy: by his seeming concern for public good he acquired the + affections of the public: and besides the private friendships which he had + cultivated with the barons, his animosity against the favorites created a + union of interests between him and that powerful order. + </p> + <p> + A recent quarrel which broke out between Leicester and William de Valence, + Henry's half brother and chief favorite, brought matters to extremity,[*] + and determined the former to give full scope to his bold and unbounded + ambition, which the laws and the king's authority had hitherto with + difficulty restrained. He secretly called a meeting of the most + considerable barons, particularly Humphrey de Bohun, high constable, Roger + Bigod, earl mareschal, and the earls of Warwick and Glocester; men who by + their family and possessions stood in the first rank of the English + nobility. He represented to this company the necessity of reforming the + state, and of putting the execution of the laws into other hands than + those which had hitherto appeared, from repeated experience, so unfit for + the charge with which they were intrusted. He exaggerated the oppressions + exercised against the lower orders of the state, the violations of the + barons' privileges, the continued depredations made on the clergy; and in + order to aggravate the enormity of this conduct, he appealed to the Great + Charter, which Henry had so often ratified, and which was calculated to + prevent forever the return of those intolerable grievances. He magnified + the generosity of their ancestors, who, at a great expense of blood, had + extorted that famous concession from the crown; but lamented their own + degeneracy, who allowed so important an advantage, once obtained, to be + wrested from them by a weak prince and by insolent strangers. And he + insisted that the king's word, after so many submissions and fruitless + promises on his part, could no longer be relied on; and that nothing but + his absolute inability to violate national privileges could henceforth + insure the regular observance of them. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 649. +</pre> + <p> + These topics, which were founded in truth, and suited so well the + sentiments of the company, had the desired effect, and the barons embraced + a resolution of redressing the public grievances, by taking into their own + hands the administration of government. Henry having summoned a + parliament, in expectation of receiving supplies for his Sicilian project, + the barons appeared in the hall, clad in complete armor, and with their + swords by their side: the king, on his entry, struck with the unusual + appearance, asked them what was their purpose, and whether they pretended + to make him their prisoner.[*] Roger Bigod replied in the name of the + rest, that he was not their prisoner, but their sovereign; that they even + intended to grant him large supplies, in order to fix his son on the + throne of Sicily; that they only expected some return for this expense and + service; and that, as he had frequently made submissions to the + parliament, had acknowledged his past errors, and had still allowed + himself to be carried into the same path, which gave them such just reason + of complaint, he must now yield to more strict regulations, and confer + authority on those who were able and willing to redress the national + grievances. Henry, partly allured by the hopes of supply, partly + intimidated by the union and martial appearance of the barons, agreed to + their demand, and promised to summon another parliament at Oxford, in + order to digest the new plan of government, and to elect the persons who + were to be intrusted with the chief authority. + </p> + <p> + This parliament, which the royalists, and even the nation, from experience + of the confusions that attended its measures, afterwards denominated the + "mad parliament," met on the day appointed; and as all the barons brought + along with them their military vassals, and appeared with an armed force, + the king, who had taken no precautions against them, was in reality a + prisoner in their hands, and was obliged to submit to all the terms which + they were pleased to impose upon him. Twelve barons were selected from + among the king's ministers; twelve more were chosen by parliament: to + these twenty-four unlimited authority was granted to reform the state; and + the king himself took an oath, that he would maintain whatever ordinances + they should think proper to enact for that purpose.[**] Leicester was at + the head of this supreme council, to which the legislative power was thus + in reality transferred; and all their measures were taken by his secret + influence and direction. + </p> +<pre xml:space="preserve"> + * Annal. Theokesoury. + + ** Rymer, vol. i. p. 655. Chron. Dunst. vol.i. p. 334. + Knyghton p. 2445. +</pre> + <p> + Their first step bore a specious appearance, and seemed well calculated + for the end which they professed to be the object of all these + innovations; they ordered that four knights should be chosen by each + county; that they should make inquiry into the grievances of which their + neighborhood had reason to complain, and should attend the ensuing + parliament, in order to give information to that assembly of the state of + their particular counties;[*] a nearer approach to our present + constitution than had been made by the barons in the reign of King John, + when the knights were only appointed to meet in their several counties, + and there to draw up a detail of their grievances. Meanwhile the + twenty-four barons proceeded to enact some regulations, as a redress of + such grievances as were supposed to be sufficiently notorious. They + ordered, that three sessions of parliament should be regularly held every + year, in the months of February, June, and October; "that a new sheriff + should be annually elected by the votes of the freeholders in each + county;[**] that the sheriffs should have no power of fining the barons + who did not attend their courts, or the circuits of the justiciaries; that + no heirs should be committed to the wardship of foreigners, and no castles + intrusted to their custody; and that no new warrens or forests should be + created, nor the revenues of any counties or hundreds be let to farm." + Such were the regulations which the twenty-four barons established at + Oxford, for the redress of public grievances. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 657. Addit. p. 140. Ann. Burt, p, 412. + + ** Chron. Dunst. vol. i. p. 336. +</pre> + <p> + But the earl of Leicester and his associates, having advanced so far to + satisfy the nation, instead of continuing in this popular course, or + granting the king that supply which they had promised him, immediately + provided for the extension and continuance of their own authority. They + roused anew the popular clamor which had long prevailed against + foreigners; and they fell with the utmost violence on the king's half + brothers, who were supposed to be the authors of, all national grievances, + and whom Henry had no longer any power to protect. The four brothers, + sensible of their danger, took to flight, with an intention of making + their escape out of the kingdom; they were eagerly pursued by the barons; + Aymer, one of the brothers, who had been elected to the see of Winchester + took shelter in his episcopal palace, and carried the others along with + him; they were surrounded in that place, and threatened to be dragged out + by force, and to be punished for their crimes and misdemeanors; and the + king, pleading the sacredness of an ecclesiastical sanctuary, was glad to + extricate them from this danger by banishing them the kingdom. In this act + of violence, as well as in the former usurpations of the barons, the queen + and her uncles were thought to have secretly concurred; being jealous of + the credit acquired by the brothers, which, they found, had eclipsed and + annihilated their own. + </p> + <p> + But the subsequent proceedings of the twenty-four barons were sufficient + to open the eyes of the nation, and to prove their intention of reducing + forever both the king and the people under the arbitrary power of a very + narrow aristocracy., which must at last have terminated either in anarchy, + or in a violent usurpation and tyranny. They pretended that they had not + yet digested all the regulations necessary for the reformation of the + state, and for the redress of grievances; and that they must still retain + their power, till that great purpose were thoroughly effected: in other + words, that they must be perpetual governors, and must continue to reform, + till they were pleased to abdicate their authority. They formed an + association among themselves, and swore that they would stand by each + other with their lives and fortunes; they displaced all the chief officers + of the crown, the justiciary, the chancellor, the treasurer; and advanced + either themselves or their own creatures in their place: even the offices + of the king's household were disposed of at their pleasure: the government + of all the castles was put into hands in whom they found reason to + confide: and the whole power of the state being thus transferred to them, + they ventured to impose an oath, by which all the subjects were obliged to + swear, under the penalty of being declared public enemies, that they would + obey and execute all the regulations, both known and unknown, of the + twenty-four barons: and all this, for the greater glory of God, the honor + of the church, the service of the king, and the advantage of the + kingdom.[*] + </p> +<pre xml:space="preserve"> + * Chron. T. Wykes, p. 52. +</pre> + <p> + No one dared to withstand this tyrannical authority: Prince Edward + himself, the king's eldest son, a youth of eighteen, who began to give + indications of that great and manly spirit which appeared throughout the + whole course of his life, was, after making some opposition, constrained + to take that oath, which really deposed his father and his family from + sovereign authority.[*] Earl Warrenne was the last person in the kingdom + that could be brought to give the confederated barons this mark of + submission. + </p> + <p> + But the twenty-four barons, not content with the usurpation of the royal + power, introduced an innovation in the constitution of parliament, which + was of the utmost importance. They ordained, that this assembly should + choose a committee of twelve persons, who should, in the intervals of the + sessions, possess the authority of the whole parliament, and should + attend, on a summons, the person of the king, in all his motions. But so + powerful were these barons, that this regulation was also submitted to; + the whole government was overthrown or fixed on new foundations; and the + monarchy was totally subverted, without its being possible for the king to + strike a single stroke in defence of the constitution against the + newly-erected oligarchy. + </p> + <p class="side"> + 1259. + </p> + <p> + The report that the king of the Romans intended to pay a visit to England, + gave alarm to the ruling barons, who dreaded lest the extensive influence + and established authority of that prince would be employed to restore the + prerogatives of his family, and overturn their plan of government.[**] + They sent over the bishop of Worcester, who met him at St. Omars; asked + him, in the name of the barons, the reason of his journey, and how long he + intended to stay in England; and insisted that, before he entered the + kingdom he should swear to observe the regulations established at Oxford. + On Richard's refusal to take this oath, they prepared to resist him as a + public enemy; they fitted out a fleet, assembled an army, and exciting the + inveterate prejudices of the people against foreigners, from whom they had + suffered so many oppressions, spread the report that Richard, attended by + a number of strangers, meant to restore by force the authority of his + exiled brothers, and to violate all the securities provided for public + liberty. The king of the Romans was at last obliged to submit to the terms + required of him. [***] + </p> +<pre xml:space="preserve"> + * Ann. Burt. p. 411. + + ** M. Paris, p. 661. + + *** Ibid p. 661, 662. Chron. T. Wykes, p. 53. +</pre> + <p> + But the barons, in proportion to their continuance in power, began + gradually to lose that popularity which had assisted them in obtaining it; + and men repined, that regulations, which were occasionally established for + the reformation of the state, were likely to become perpetual, and to + subvert entirely the ancient constitution. They were apprehensive lest the + power of the nobles, always oppressive, should now exert itself without + control, by removing the counterpoise of the crown; and their fears were + increased by some new edicts of the barons, which were plainly calculated + to procure to themselves an impunity in all their violences. They + appointed that the circuits of the itinerant justices, the sole check on + their arbitrary conduct, should be held only once in seven years, and men + easily saw that a remedy which returned after such long intervals, against + an oppressive power which was perpetual, would prove totally insignificant + and useless.[*] The cry became loud in the nation, that the barons should + finish their intended regulations. The knights of the shires, who seem now + to have been pretty regularly assembled, and sometimes in a separate + house, made remonstrances against the slowness of their proceedings. They + represented that, though the king had performed all the conditions + required of him, the barons had hitherto done nothing for the public good, + and had only been careful to promote their own private advantage, and to + make inroads on royal authority; and they even appealed to Prince Edward, + and claimed his interposition for the interests of the nation, and the + reformation of the government.[**] The prince replied that, though it was + from constraint, and contrary to his private sentiments, he had sworn to + maintain the provisions of Oxford, he was determined to observe his oath: + but he sent a message to the barons, requiring them to bring their + undertaking to a speedy conclusion, and fulfil their engagements to the + public: otherwise, he menaced them, that at the expense of his life, he + would oblige them to do their duty, and would shed the last drop of his + blood in promoting the interests and satisfying the just wishes of the + nation.[***] + </p> + <p> + The barons, urged by so pressing a necessity, published at last a new code + of ordinances for the reformation of the state: [****] but the + expectations of the people were extremely disappointed when they found + that these consisted only of some trivial alterations in the municipal + law; and still more, when the barons pretended that the task was not yet + finished and that they must further prolong their authority, in order to + bring the work of reformation to the desired period. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 667. Trivet, p. 209. + + ** Ann. Burt. p. 427. + + *** Ann Burt. p. 427. + + **** Ann. Burt. p. 428, 439 +</pre> + <p> + The current of popularity was now much turned to the side of the crown; + and the barons had little, to rely on for their support besides the + private influence and power of their families, which, though exorbitant, + was likely to prove inferior to the combination of king and people. Even + this basis of power was daily weakened by their intestine jealousies and + animosities; their ancient and inveterate quarrels broke out when they + came to share the spoils of the crown; and the rivalship between the earls + of Leicester and Glocester, the chief leaders among them, began to + disjoint the whole confederacy. The latter, more moderate in his + pretensions, was desirous of stopping or retarding the career of the + barons' usurpations; but the former, enraged at the opposition which, he + met with in his own party, pretended to throw up all concern in English + affairs; and he retired into France.[*] + </p> + <p> + The kingdom of France, the only state with which England had any + considerable intercourse, was at this time governed by Lewis IX., a prince + of the most singular character that is to be met with in all the records + of history. This monarch united to the mean and abject superstition of a + monk all the courage and magnanimity of the greatest hero; and, what may + be deemed more extraordinary, the justice and integrity of a disinterested + patriot, the mildness and humanity of an accomplished philosopher. So far + from taking advantage of the divisions among the English, or attempting to + expel those dangerous rivals from the provinces which they still possessed + in France, he had entertained many scruples with regard to the sentence of + attainder pronounced against the king's father, had even expressed some + intention of restoring the other provinces, and was only prevented from + taking that imprudent resolution by the united remonstrances of his own + barons, who represented the extreme danger of such a measure,[**] and, + what had a greater influence on Lewis, the justice of punishing by a legal + sentence the barbarity and felony of John. Whenever this prince interposed + in English affairs, it was always with an intention of composing the + differences between the king and his nobility: he recommended to both + parties every peaceable and reconciling measure; and he used all his + authority with the earl of Leicester, his native subject, to bend him to a + compliance with Henry. + </p> +<pre xml:space="preserve"> + * Chron. Dunst. vol. i. p. 348. + + ** M. Paris, p. 604. +</pre> + <p> + He made a treaty with England at a time when the distractions of that + kingdom were at the greatest height, and when the king's authority was + totally annihilated; and the terms which he granted might, even in a more + prosperous state of their affairs, be deemed reasonable and advantageous + to the English. He yielded up some territories which had been conquered + from Poictou and Guienne; he insured the peaceable possession of the + latter province to Henry; he agreed to pay that prince a large sum of + money; and he only required that the king should, in return, make a final + cession of Normandy and the other provinces, which he could never + entertain any hopes of recovering by force of arms.[*] This cession was + ratified by Henry, by his two sons and two daughters, and by the king of + the Romans and his three sons: Leicester alone, either moved by a vain + arrogance, or desirous to ingratiate himself with the English populace, + protested against the deed, and insisted on the right, however distant, + which might accrue to his consort.[**] Lewis saw in his obstinacy the + unbounded ambition of the man; and as the barons insisted that the money + due by treaty should be at their disposal, not at Henry's, he also saw, + and probably with regret, the low condition to which this monarch, who had + more erred from weakness than from any bad intentions, was reduced by the + turbulence of his own subjects. + </p> + <p class="side"> + 1261. + </p> + <p> + But the situation of Henry soon after wore a more favorable aspect. The + twenty-four barons had now enjoyed the sovereign power near three years; + and had visibly employed it, not for the reformation of the state, which + was their first pretence, but for the aggrandizement of themselves and of + their families. The breach of trust was apparent to all the world: every + order of men felt it, and murmured against it: the dissensions among the + barons themselves, which increased the evil, made also the remedy more + obvious and easy: and the secret desertion in particular of the earl of + Glocester to the crown, seemed to promise Henry certain success in any + attempt to resume his authority. Yet durst he not take that step, so + reconcilable both to justice and policy, without making a previous + application to Rome, and desiring an absolution from his oaths and + engagements.[***] + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p 675. M. Paris, p. 566. Chron. T. Wykes, + p, 53. Trivet, p. 208 M. West. p. 371. + + ** Chron. T. Wykes, p. 53. + + *** Ann. Burt. p. 389. +</pre> + <p> + The pope was at this time much dissatisfied with the conduct of the + barons; who, in order to gain the favor of the people and clergy of + England, had expelled all the Italian ecclesiastics, had confiscated their + benefices, and seemed determined to maintain the liberties and privileges + of the English church, in which the rights of patronage belonging to their + own families were included. The extreme animosity of the English clergy + against the Italians was also a source of his disgust to the order; and an + attempt which had been made by them for further liberty and greater + independence on the civil power, was therefore less acceptable to the + court of Rome.[*] About the same time that the barons at Oxford had + annihilated the prerogatives of the monarchy, the clergy met in a synod at + Merton, and passed several ordinances, which were no less calculated to + promote their own grandeur at the expense of the crown. They decreed, that + it was unlawful to try ecclesiastics by secular judges; that the clergy + were not to regard any prohibitions from civil courts; that lay patrons + had no right to confer spiritual benefices; that the magistrate was + obliged, without further inquiry, to imprison all excommunicated persons; + and that ancient usage, without any particular grant or charter, was a + sufficient authority for any clerical possessions or privileges.[**] About + a century before, these claims would have been supported by the court of + Rome beyond the most fundamental articles of faith: they were the chief + points maintained by the great martyr Becket; and his resolution in + defending them had exalted him to the high station which he held in the + catalogue of Romish saints. But principles were changed with the times: + the pope was become somewhat jealous of the great independence of the + English clergy, which made them stand less in need of his protection, and + even imboldened them to resist his authority, and to complain of the + preference given to the Italian courtiers, whose interests, it is natural + to imagine, were the chief object of his concern. He was ready, therefore, + on the king's application, to annul these new constitutions of the church + of England.[***] And, at the same time, he absolved the king and all his + subjects from the oath which they had taken to observe the provisions of + Oxford.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 755. + + ** Ann. Burt. p. 389. + + *** Rymer, vol. i. p. 755. + + **** Rymer, vol. i. p. 722. M. Paris, p. 666. W. Heming. p, + 580. Ypod. Neust. p; 468. Knyghton, p. 2446. +</pre> + <p> + Prince Edward, whose liberal mind, though in such early youth, had taught + him the great prejudice which his father had incurred by his levity, + inconstancy, and frequent breach of promise, refused for a long time to + take advantage of thus absolution; and declared that the provisions of + Oxford, how unreasonable soever in themselves, and how much soever abused + by the barons, ought still to be adhered to by those who had sworn to + observe them:[*] he himself had been constrained by violence to take that + oath; yet was he determined to keep it. By this scrupulous fidelity the + prince acquired the confidence of all parties, and was afterwards enabled + to recover fully the royal authority, and to perform such great actions + both during his own reign and that of his father. + </p> + <p> + The situation of England, during this period, as well as that of most + European kingdoms, was somewhat peculiar. There was no regular military + force maintained in the nation: the sword, however, was not, properly + speaking, in the hands of the people; the barons were alone intrusted with + the defence of the community; and after any effort which they made, either + against their own prince or against foreigners, as the military retainers + departed home, the armies were disbanded, and could not speedily be + reassembled at pleasure. It was easy, therefore, for a few barons, by a + combination, to get the start of the other party, to collect suddenly + their troops, and to appear unexpectedly in the field with an army, which + their antagonists, though equal or even superior in power and interest, + would not dare to encounter. Hence the sudden revolutions which often took + place in those governments; hence the frequent victories obtained without + a blow by one faction over the other; and hence it happened, that the + seeming prevalence of a party was seldom a prognostic of its long + continuance in power and authority. + </p> + <p class="side"> + 1262. + </p> + <p> + The king, as soon as he received the pope's absolution from his oath, + accompanied with menaces of excommunication against all opponents, + trusting to the countenance of the church, to the support promised him by + many considerable barons, and to the returning favor of the people, + immediately took off the mask. After justifying his conduct by a + proclamation, in which he set forth the private ambition and the breach of + trust conspicuous in Leicester and his associates, be declared that he had + resumed the government, and was determined thenceforth to exert the royal + authority for the protection of his subjects. + </p> +<pre xml:space="preserve"> + * M. Paris. D. 667. +</pre> + <p> + He removed Hugh le Despenser and Nicholas de Ely, the justiciary and + chancellor appointed by the barons; and put Philip Basset and Walter de + Merton in their place. He substituted new sheriffs in all the counties, + men of character and honor; he placed new governors in most of the + castles; he changed all the officers of his household; he summoned a + parliament, in which the resumption of his authority was ratified, with + only five dissenting voices; and the barons, after making one fruitless + effort to take the king by surprise at Winchester, were obliged to + acquiesce in those new regulations.[*] + </p> + <p> + The king, in order to cut off every objection to his conduct, offered to + refer all the differences between him and the earl of Leicester to + Margaret, queen of France.[**] The celebrated integrity of Lewis gave a + mighty influence to any decision which issued from his court; and Henry + probably hoped, that the gallantry on which all barons, as true knights, + valued themselves, would make them ashamed not to submit to the award of + that princess. Lewis merited the confidence reposed in him. By an + admirable conduct, probably as political as just, he continually + interposed his good offices to allay the civil discords ol the English: he + forwarded all healing measures which might give security to both parties: + and he still endeavored, though in vain, to soothe by persuasion the + fierce ambition of the earl of Leicester, and to convince him how much it + was his duty to submit peaceably to the authority of his sovereign. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 668. Chron. T. Wykes, p. 55. + + ** Rymer, vol. i. p. 724. +</pre> + <p class="side"> + 1263. + </p> + <p> + That bold and artful conspirator was nowise discouraged by the bad success + of his past enterprises. The death of Richard, earl of Glocester, who was + his chief rival in power, and who, before his decease, had joined the + royal party seemed to open a new field to his violence, and to expose the + throne to fresh insults and injuries. It was in vain that the king + professed his intentions of observing strictly the great charter, even of + maintaining all the regulations made by the reforming barons at Oxford or + afterwards, except those with entirely annihilated the royal authority; + these powerful chieftains, now obnoxious to the court, could not peaceably + resign the hopes of entire independence and uncontrolled power with which + they had flattered themselves, and which they had so long enjoyed. Many of + them engaged in Leicester's views, and among the rest, Gilbert, the young + earl of Glocester, who brought him a mighty accession of power, from the + extensive authority possessed by that opulent family. Even Henry, son of + the king of the Romans, commonly called Henry d'Allmaine, though a prince + of the blood, joined the party of the barons against the king, the head of + his own family Leicester himself, who still resided in France, secretly + formed the links of this great conspiracy, and planned the whole scheme of + operations. + </p> + <p> + The princes of Wales, notwithstanding the great power of the monarchs both + of the Saxon and Norman line, still preserved authority in their own + country. Though they had often been constrained to pay tribute to the + crown of England, they were with difficulty retained in subordination or + even in peace; and almost through every reign since the conquest, they had + infested the English frontiers with such petty incursions and sudden + inroads, as seldom merit to have place in a general history. The English, + still content with repelling their invasions, and chasing them back into + their mountains, had never pursued the advantages obtained over them, nor + been able, even under their greatest and most active princes, to fix a + total, or so much as a feudal subjection on the country. This advantage + was reserved to the present king, the weakest and most indolent. In the + year 1237, Lewellyn, prince of Wales, declining in years and broken with + infirmities, but still more harassed with the rebellion and undutiful + behavior of his youngest son Griffin, had recourse to the protection of + Henry; and consenting to subject his principality, which had so long + maintained, or soon recovered, its independence to vassalage under the + crown of England, had purchased security and tranquillity on these + dishonorable terms. His eldest son and heir, David, renewed the homage to + England; and having taken his brother prisoner, delivered him into Henry's + hands, who committed him to custody in the Tower. That prince, endeavoring + to make his escape, lost his life in the attempt; and the prince of Wales, + freed from the apprehensions of so dangerous a rival, paid thenceforth + less regard to the English monarch, and even renewed those incursions by + which the Welsh, during so many ages, had been accustomed to infest the + English borders. Lewellyn, however, the foil of Griffin, who succeeded to + his uncle, had been obliged to renew the homage which was now claimed by + England as an established right; but he was well pleased to inflame those + civil discords, on which he rested his present security and founded his + hopes of future independence. He entered into a confederacy with the earl + of Leicester, and collecting all the force of his principality, invaded + England with an army of thirty thousand men. He ravaged the lands of Roger + de Mortimer, and of all the barons who adhered to the crown;[*] he marched + into Cheshire, and committed like depredations on Prince Edward's + territories; every place where his disorderly troops appeared was laid + waste with fire and sword; and though Mortimer, a gallant and expert + soldier, made stout resistance, it was found necessary that the prince + himself should head the army against this invader. Edward repulsed Prince + Lewellyn, and obliged him to take shelter in the mountains of North Wales: + but he was prevented from making further progress against the enemy by the + disorders which soon after broke out in England. + </p> + <p> + The Welsh invasion was the appointed signal for the malecontent barons to + rise in arms; and Leicester, coming over secretly from France, collected + all the forces of his party, and commenced an open rebellion. He seized + the person of the bishop of Hereford, a prelate obnoxious to all the + inferior clergy, on account of his devoted attachment to the court of + Rome.[**] Simon, bishop of Norwich, and John Mansel, because they had + published the pope's bull, absolving the king and kingdom from their oaths + to observe the provisions of Oxford, were made prisoners, and exposed to + the rage of the party. The king's demesnes were ravaged with unbounded + fury,[***] and as it was Leicester's interest to allure to his side, by + the hopes of plunder, all the disorderly ruffians in England he gave them + a general license to pillage the barons of the opposite party, and even + all neutral persons. + </p> +<pre xml:space="preserve"> + * Chron. Dunst. vol. i. p. 354. + + ** Trivet, p. 211. M. West. p. 382, 392. + + *** Trivet, p. 211. M. West. p. 382. +</pre> + <p> + But one of the principal resources of his faction was the populace of the + cities, particularly of London; and as he had, by his hypocritical + pretensions to sanctity, and his zeal against Rome, engaged the monks and + lower ecclesiastics in his party, his dominion over the inferior ranks of + men became uncontrollable. Thomas Fitz-Richard, mayor of London, a furious + and licentious man, gave the countenance of authority to these disorders + in the capital; and having declared war against the substantial citizens, + he loosened all the bands of government, by which that turbulent city was + commonly but ill restrained. On the approach of Easter, the zeal of + superstition, the appetite for plunder, or what is often as prevalent with + the populace as either of these motives, the pleasure of committing havoc + and destruction, prompted them to attack the unhappy Jews, who were first + pillaged without resistance, then massacred, to the number of five hundred + persons.[*] The Lombard bankers were next exposed to the rage of the + people; and though, by taking sanctuary in the churches, they escaped with + their lives, all their money and goods became a prey to the licentious + multitude. Even the houses of the rich citizens, though English, were + attacked by night; and way was made by sword and by fire to the pillage of + their goods, and often to the destruction of their persons. The queen, + who, though defended by the Tower, was terrified by the neighborhood of + such dangerous commotions, resolved to go by water to the Castle of + Windsor; but as she approached the bridge, the populace assembled against + her: the cry ran, "Drown the witch;" and besides abusing her with the most + opprobrious language, and pelting her with rotten eggs and dirt, they had + prepared large stones to sink her barge, when she should attempt to shoot + the bridge; and she was so frightened, that she returned to the Tower[**] + </p> + <p> + The violence and fury of Leicester's faction had risen to such a height in + all parts of England, that the king, unable to resist their power, was + obliged to set on foot a treaty of peace, and to make an accommodation + with the barons on the most disadvantageous terms.[***] + </p> +<pre xml:space="preserve"> + * Chron T. Wykes, p. 59. + + ** Chron. T. Wykes, p. 57. + + *** Chron. Dunst. vol. i. p. 358. Trivet, p. 211. +</pre> + <p> + He agreed to confirm anew the provisions of Oxford, even those which + entirely annihilated the royal authority; and the barons were again + reinstated in the sovereignty of the kingdom. They restored Hugh le + Despenser to the office of chief justiciary: they appointed their own + creatures sheriffs in every county of England; they took possession of all + the royal castles and fortresses; they even named all the officers of the + king's household; and they summoned a parliament to meet at Westminster, + in order to settle more fully their plan of government. They here produced + a new list of twenty-four barons, to whom they proposed that the + administration should be entirely committed; and they insisted that the + authority of this junto should continue not only during the reign of the + king, but also during that of Prince Edward. + </p> + <p> + This prince, the life and soul of the royal party, had unhappily, before + the king's accommodation with the barons, been taken prisoner by Leicester + in a parley at Windsor;[*] and that misfortune, more than any other + incident, had determined Henry to submit to the ignominious conditions + imposed upon him. But Edward, having recovered his liberty by the treaty, + employed his activity in defending the prerogatives of his family; and he + gained a great party even among-those who had at first adhered to the + cause of the barons. His cousin, Henry d'Allmaine, Roger Bigod, earl + mareschal, Earl Warrenne, Humphrey Bohun, earl of Hereford, John Lord + Basset, Ralph Basset, Hammond l'Estrange, Roger Mortimer, Henry de Piercy, + Robert de Brus, Roger de Leybourne, with almost all the lords marchers, as + they were called, on the borders of Wales and of Scotland, the most + warlike parts of the kingdom, declared in favor of the royal cause; and + hostilities, which were scarcely well composed, were again renewed in + every part of England. But the near balance of the parties, joined to the + universal clamor of the people, obliged the king and barons to open anew + the negotiations for peace; and it was agreed by both sides to submit + their differences to the arbitration of the king of France.[**] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 669. Trivet, p. 213. + + ** M. Paris, p. 668, Chron. T. Wykes, p. 58. W. Heming, p. + 580. Chron. Dunst. vol. i. p. 363. +</pre> + <p class="side"> + 1264. + </p> + <p> + This virtuous prince, the only man, who, in like circumstances, could + safely have been intrusted with such an authority by a neighboring nation, + had never ceased to interpose his good, offices between the English + factions, and had, even, during the short interval of peace, invited over + to Paris both the king and the earl of Leicester, in order to accommodate + the differences between them, but found that the fears and animosities on + both sides, as well as the ambition of Leicester, were so violent, as to + render all his endeavors ineffectual. But when this solemn appeal, + ratified by the oaths and subscriptions of the leaders in both factions, + was made to his judgment, he was not discouraged from pursuing his + honorable purpose: he summoned the states of France at Amiens; and there, + in the presence of that assembly, as well as in that of the king of + England and Peter de Mountfort, Leicester's son, he brought this great + cause to a trial and examination. It appeared to him, that the provisions + of Oxford, even had they not been extorted by force, had they not been so + exorbitant in their nature and subversive of the ancient constitution, + were expressly established as a temporary expedient, and could not, + without breach of trust, be rendered perpetual by the barons. He therefore + annulled these provisions; restored to the king the possession of his + castles, and the power of nomination to the great offices; allowed him to + retain what foreigners he pleased in his kingdom, and even to confer on + them places of trust and dignity; and, in a word, reestablished the royal + power in the same condition on which it stood before the meeting of the + parliament at Oxford. But while he thus suppressed dangerous innovations, + and preserved unimpaired the prerogatives of the English crown, he was not + negligent of the rights of the people; and besides ordering that a general + amnesty should be granted for all past offences, he declared, that his + award was not anywise meant to derogate from the privileges and liberties + which the nation enjoyed by any former concessions or charters of the + crown.[*] + </p> + <p> + This equitable sentence was no sooner known in England, than Leicester and + his confederates determined to reject it and to have recourse to arms, in + order to procure to themselves more safe and advantageous conditions.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 776, 777, etc. Chron. T. Wykes, p. 58. + Knyghton, p. 2446. + + ** Chron. Dunst. vol. i. p. 363. +</pre> + <p> + Without regard to his oaths and subscriptions, that enterprising + conspirator directed his two sons, richard and Peter de Mountfort, in + conjunction with Robert de Ferrers, earl of Derby, to attack the city of + Worcester; while Henry and Simon de Mountfort, two others of his sons, + assisted by the prince of Wales, were ordered to lay waste the estate of + Roger de Mortimer. He himself resided at London; and employing as his + instrument Fitz-Richard, the seditious mayor, who had violently and + illegally prolonged his authority, he wrought up that city to the highest + ferment and agitation. The populace formed themselves into bands and + companies; chose leaders; practised all military exercises; committed + violence on the royalists; and to give them greater countenance in their + disorders, an association was entered into between the city and eighteen + great barons, never to make peace with the king but by common consent and + approbation. At the head of those who swore to maintain this association, + were the earls of Leicester, Glocester, and Derby, with Le Despenser, the + chief justiciary; men who had all previously sworn to submit to the award + of the French monarch. Their only pretence for this breach of faith was, + that the latter part of Lewis's sentence was, as they affirmed, a + contradiction to the former. He ratified the charter of liberties, yet + annulled the provisions of Oxford, which were only calculated, as they + maintained, to preserve that charter; and without which, in their + estimation, they had no security for its observance. + </p> + <p> + The king and prince, finding a civil war inevitable, prepared themselves + for defence; and summoning the military vassals from all quarters, and + being reinforced by Baliol, lord of Galloway, Brus, lord of Annandale, + Henry Piercy, John Comyn,[*] and other barons of the north, they composed + an army, formidable as well from its numbers as its military prowess and + experience. The first enterprise of the royalists was the attack of + Northampton, which was defended by Simon de Mountfort, with many of the + principal barons of that party: and a breach being; made in the walls by + Philip Basset, the place was carried by assault, and both the governor and + the garrison were made prisoners. The royalists marched thence to + Leicester and Nottingham; both which places having opened their gates to + them, Prince Edward proceeded with a detachment into the county of Derby, + in order to ravage with fire and sword the lands of the earl of that name, + and take revenge on, him for his disloyalty. Like maxims of war prevailed + with both parties throughout England; and the kingdom was thus exposed in + a moment to greater devastation, from the animosities of the rival barons, + than it would have suffered from many years of foreign or even domestic + hostilities, conducted by more humane and more generous principles. + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 772. M. West. p. 385. Ypod. Neust. p. + 469. +</pre> + <p> + The earl of Leicester, master of London, and of the counties in the + south-east of England, formed the siege of Rochester, which alone declared + for the king in those parts, and which, besides Earl Warrenne, the + governor, was garrisoned by many noble and powerful barons of the royal + party. The king and prince hastened from Nottingham, where they were then + quartered, to the relief of the place; and on their approach, Leicester + raised the siege and retreated to London, which, being the centre of his + power, he was afraid might, in his absence, fall into the king's hands, + either by force or by a correspondence with the principal citizens, who + were all secretly inclined to the royal cause. Reënforced [**unusual + spelling but that is what it looks like] by a great body of Londoners, and + having summoned his partisans from all quarters, he thought himself strong + enough to hazard a general battle with the royalists, and to determine the + fate of the nation in one great engagement, which, if it proved + successful, must be decisive against the king, who had no retreat for his + broken troops in those parts, while Leicester himself, in case of any + sinister accident, could easily take shelter in the city. To give the + better coloring to his cause, he previously sent a message with conditions + of peace to Henry, submissive in the language, but exorbitant in the + demands;[*] and when the messenger returned with the lie and defiance from + the king, the prince, and the king of the Romans, he sent a new message, + renouncing, in the name of himself and of the associated barons, all + fealty and allegiance to Henry. He then marched out of the city with his + army, divided into four bodies: the first commanded by his two sons, Henry + and Guy de Mountfort, together with Humphrey de Bohun, earl of Hereford, + who had deserted to the barons; the second led by the earl of Glocester, + with William de Montchesney and John Fitz-John; the third, composed of + Londoners, under the command of Nicholas de Segrave; the fourth headed by + himself in person. The bishop of Chichester gave a general absolution to + the army, accompanied with assurances, that, if any of them fell in the + ensuing action, they would infallibly be received into heaven, as the + reward of their suffering in so meritorious a cause. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 669. W. Heming. p. 583. +</pre> + <p> + Leicester, who possessed great talents for war, conducted his march with + such skill and secrecy, that he had well nigh surprised the royalists in + their quarters at Lewes, in Sussex, but the vigilance and activity of + Prince Edward soon repaired this negligence; and he led out the king's + army to the field in three bodies. He himself conducted the van, attended + by Earl Warrenne and William de Valence; the main body was commanded by + the king of the Romans and his son Henry; the king himself was placed in + the rear at the head of his principal nobility. Prince Edward rushed upon + the Londoners who had demanded the post of honor in leading the rebel + army, but who, from their ignorance of discipline and want of experience, + were ill fitted to resist the gentry and military men, of whom the + prince's body was composed. They were broken in an instant; were chased + off the field; and Edward, transported by his martial ardor, and eager to + revenge the insolence of the Londoners against his mother,[*] put them to + the sword for the length of four miles, without giving them any quarter, + and without reflecting on the fate which in the mean time attended the + rest of the army. The earl of Leicester, seeing the royalists thrown into + confusion by their eagerness in the pursuit, led on his remaining troops + against the bodies commanded by the two royal brothers: he defeated with + great slaughter the forces headed by the king of the Romans; and that + prince was obliged to yield himself prisoner to the earl of Glocester: he + penetrated to the body where the king himself was placed, threw it into + disorder, pursued his advantage, chased it into the town of Lewes, and + obliged Henry to surrender himself prisoner.[**] + </p> + <p> + Prince Edward, returning to the field of battle from his precipitate + pursuit of the Londoners, was astonished to find it covered with the dead + bodies of his friends, and still more to hear that his father and uncle + were defeated and taken prisoners, and that Arundel, Comyn, Brus, Hamond + l'Estrange, Roger Leybourne, and many considerable barons of his party + were in the hands of the victorious enemy. Earl Warrenne, Hugh Bigod, and + William de Valence, struck with despair at this event, immediately took to + flight, hurried to Pevencey, and made their escape beyond sea:[***] but + the prince, intrepid amidst the greatest disasters, exhorted his troops to + revenge the death of their friends, to relieve the royal captives, and to + snatch an easy conquest from an enemy disordered by their own + victory.[****] He found his followers intimidated by their situation, + while Leicester, afraid of a sudden and violent blow from the prince, + amused him by a feigned negotiation, till he was able to recall his troops + from the pursuit, and to bring them into order.[*****] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 670. Chron. T. Wykes, P 62 + + ** W. Heming. p. 583 M. West p. 337. Ypod. Neust. p. 469. + + *** Kynghton, p. 2450. + + **** M. Paris, p. 670. + + ****** Chron. T. Wyke, p. 63. W. Heming. p. 584. + + ******* W. Heming. p. 581. +</pre> + <p> + There now appeared no further resource to the royal party, surrounded by + the armies and garrisons of the enemy, destitute of forage and provisions, + and deprived of their sovereign, as well as of their principal leaders, + who could alone inspirit them to an obstinate resistance. The prince, + therefore, was obliged to submit to Leicester's terms, which were short + and severe, agreeably to the suddenness and necessity of the situation. He + stipulated that he and Henry d'Allmaine should surrender themselves + prisoners as pledges in lieu of the two kings; that all other prisoners on + both sides should be released;[*] and that in order to settle fully the + terms of agreement, application should be made to the king of France, that + he should name six Frenchmen, three prelates and three noblemen; these six + to choose two others of their own country, and these two to choose one + Englishman, who, in conjunction with themselves, were to be invested by + both parties with full powers to make what regulations they thought proper + for the settlement of the kingdom. The prince and young Henry accordingly + delivered themselves into Leicester's hands, who sent them under a guard + to Dover Castle. Such are the terms of agreement, commonly called the Mise + of Lewes, from an obsolete French term of that meaning; for it appears + that all the gentry and nobility of England, who valued themselves on + their Norman extraction, and who disdained the language of their native + country, made familiar use of the French tongue till this period, and for + some time after. + </p> + <p> + Leicester had no sooner obtained this great advantage and gotten the whole + royal family in his power, than he openly violated every article of the + treaty, and acted as sole master, and even tyrant of the kingdom. He still + detained the king in effect a prisoner, and made use of that prince's + authority to purposes the most prejudicial to his interests, and the most + oppressive of his people.[**] He every where disarmed the royalists, and + kept all his own partisans in, a military posture:[***] he observed the + same partial conduct in the deliverance of the captives, and even threw + many of the royalists into prison, besides those who were taken in the + battle of Lewes; he carried the king from place to place, and obliged all + the royal castles, on pretence of Henry's commands, to receive a governor + and garrison of his own appointment. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 671. Knyghton, p. 2451. + + ** Rymer, vol. i. p. 790, 791, etc. + + *** Rymer, vol. i. p. 795. Brady's Appeals, No. 211, 212. + Chron. T. Wykes, p. 63. +</pre> + <p> + All the officers of the crown and of the household were named by him, and + the whole authority, as well as arms of the state, was lodged in his + hands: he instituted in the counties a new kind of magistracy, endowed + with new and arbitrary powers, that of conservators of the peace;[*] his + avarice appeared bare-faced, and might induce us to question the greatness + of his ambition, at least the largeness of his mind, if we had not reason + to think that he intended to employ his acquisitions as the instruments + for attaining further power and grandeur. He seized the estates of no less + than eighteen barons as his share of the spoil gained in the battle of + Lewes: he engrossed to himself the ransom of all the prisoners; and told + his barons, with a wanton insolence, that it was sufficient for them that + he had saved them by that victory from the forfeitures and attainders + which hung over them:[**] he even treated the earl of Glocester in the + same injurious manner, and applied to his own use the ransom of the king + of the Romans, who in the field of battle had yielded himself prisoner to + that nobleman. Henry, his eldest son, made a monopoly of all the wool in + the kingdom, the only valuable commodity for foreign markets which it at + that time produced.[***] The inhabitants of the cinque ports, during the + present dissolution of government, betook themselves to the most + licentious piracy, preyed on the ships of all nations, threw the mariners + into the sea, and by these practices, soon banished all merchants from the + English coasts and harbors. Every foreign commodity rose to an exorbitant + price, and woollen cloth, which the English had not then the art of + dyeing, was worn by them white, and without receiving the last hand of the + manufacturer. In answer to the complaints which arose on this occasion, + Leicester replied that the kingdom could well enough subsist within + itself, and needed no intercourse with foreigners. And it was found that + he even combined with the pirates of the cinque ports, and received as his + share the third of their prizes.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 792. + + ** Knyghton, p. 2451. + + *** Chron. T. Wykes, p. 65. + + **** Chron. T. Wykes, p. 6. +</pre> + <p> + No further mention was made of the reference to the king of France, so + essential an article in the agreement of Lewes; and Leicester summoned a + parliament, composed altogether of his own partisans, in order to rivet, + by their authority, that power which he had acquired by so much violence, + and which he used with so much tyranny and injustice. An ordinance was + there passed, to which the king's consent had been previously extorted, + that every act of royal power should be exercised by a council of nine + persons, who were to be chosen and removed by the majority of three, + Leicester himself, the earl of Glocester, and the bishop of Chichester.[*] + By this intricate plan of government, the sceptre was really put into + Leicester's hands; as he had the entire direction of the bishop of + Chichester, and thereby commanded all the resolutions of the council of + three, who could appoint or discard at pleasure every member of the + supreme council. + </p> + <p> + But it was impossible that things could long remain in this strange + situation. It behoved Leicester either to descend with some peril into the + rank of a subject, or to mount up with no less into that of a sovereign; + and his ambition, unrestrained either by fear or by principle, gave too + much reason to suspect him of the latter intention. Meanwhile he was + exposed to anxiety from every quarter; and felt that the smallest incident + was capable of overturning that immense and ill-cemented fabric which he + had reared. The queen, whom her husband had left abroad, had collected in + foreign parts an army of desperate adventurers, and had assembled a great + number of ships, with a view of invading the kingdom, and of bringing + relief to her unfortunate family. Lewis, detesting Leicester's usurpations + and perjuries, and disgusted at the English barons, who had refused to + submit to his award, secretly favored all her enterprises, and was + generally believed to be making preparations for the same purpose. An + English army, by the pretended authority of the captive king, was + assembled on the sea-coast, to oppose this projected invasion;[**] but + Leicester owed his safety more to cross winds, which long detained and at + last dispersed and ruined the queen's fleet, than to any resistance which, + in their present situation, could have been expected from the English. + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 793. Brady's Appeals, No. 213. + + ** Brady's Appeals, No. 216, 217. Chron. Dunst. vol. i. p + 373 M. West, p. 385. +</pre> + <p> + Leicester found himself better able to resist the spiritual thunders which + were levelled against him. The pope, still adhering to the king's cause + against the barons, despatched Cardinal Guido as his legate into England, + with orders to excommunicate by name the three earls, Leicester, + Glocester, and Norfolk, and all others in general, who concurred in the + oppression and captivity of their sovereign.[*] Leicester menaced the + legate with death if he set foot within the kingdom; but Guido, meeting in + France the bishops of Winchester, London, and Worcester, who had been sent + thither on a negotiation, commanded them, under the penalty of + ecclesiastical censures, to carry his bull into England, and to publish it + against the barons. When the prelates arrived off the coast, they were + boarded by the piratical mariners of the cinque ports, to whom probably + they gave a hint of the cargo which they brought along with them: the bull + was torn and thrown into the sea; which furnished the artful prelates with + a plausible excuse for not obeying the orders of the legate. Leicester + appealed from Guido to the pope in person; but before the ambassadors + appointed to defend his cause could reach Rome, the pope was dead; and + they found the legate himself, from whom they had appealed, seated on the + papal throne, by the name of Urban IV. That daring leader was nowise + dismayed with this incident; and as he found that a great part of his + popularity in England was founded on his opposition to the court of Rome, + which was now become odious, he persisted with the more obstinacy in the + prosecution of his measures. + </p> + <p class="side"> + 1265. + </p> + <p> + That he might both increase and turn to advantage his popularity, + Leicester summoned a new parliament in London, where he knew his power was + uncontrollable; and he fixed this assembly on a more democratical basis + than any which had ever been summoned since the foundation of the + monarchy. Besides the barons of his own party, and several ecclesiastics, + who were not immediate tenants of the crown, he ordered returns to be made + of two knights from each shire, and, what is more remarkable, of deputies + from the boroughs, an order of men which, in former ages, had always been + regarded as too mean to enjoy a place in the national councils.[**] This + period is commonly esteemed the epoch of the house of commons in England; + and it is certainly the first time that historians speak of any + representatives sent to parliament by the boroughs and even in the most + particular narratives delivered of parliamentary transactions, as in the + trial of Thomas à Becket, where the events of each day, and almost of each + hour, are carefully recorded by contemporary authors,[***] there is not, + throughout the whole, the least appearance of a house of commons. + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 798. Chron. Dunst. vol. i. p. 373. + + ** Rymer, vol. i. p. 802. + + *** Fitz-Stephen, Hist. Quadrip. Hoveden, etc. +</pre> + <p> + In all the general accounts given in preceding times of those assemblies, + the prelates and barons only are mentioned as the constituent members. But + though that house derived its existence from so precarious and even so + invidious an origin as Leicester's usurpation, it soon proved, when + summoned by the legal princes, one of the most useful, and, in process of + time, one of the most powerful members of the national constitution; and + gradually rescued the kingdom from aristocratical as well as from regal + tyranny. But Leicester's policy, if we must ascribe to him so great a + blessing, only forwarded by some years an institution, for which the + general state of things had already prepared the nation; and it is + otherwise inconceivable, that a plant, set by so inauspicious a hand, + could have attained to so vigorous a growth, and have flourished in the + midst of such tempests and convulsions. The feudal system, with which the + liberty, much more the power of the commons, was totally incompatible, + began gradually to decline; and both the king and the commonalty, who felt + its inconveniencies, contributed to favor this new power, which was more + submissive than the barons to the regular authority of the crown, and at + the same time afforded protection to the inferior orders of the state. + </p> + <p> + Leicester, having thus assembled a parliament of his own model, and + trusting to the attachment of the populace of London, seized the + opportunity of crushing his rivals among the powerful barons. Robert de + Ferrers, earl of Derby, was accused in the king's name, seized, and + committed to custody, without being brought to any legal trial.[*] John + Gifford, menaced with the same fate, fled from London, and took shelter in + the borders of Wales. Even the earl of Glocester, whose power and + influence had so much contributed to the success of the barons, but who of + late was extremely disgusted with Leicester's arbitrary conduct, found + himself in danger from the prevailing authority of his ancient + confederate; and he retired from parliament.[**] This known dissension + gave courage to all Leicester's enemies and to the king's friends; who + were now sure of protection from so potent a leader. + </p> +<pre xml:space="preserve"> + * Chron. T. Wykes, p. 66. Ann. Waverl. p. 216. + + ** M. Paris, p. 671. Ann. Waverl. p. 211. +</pre> + <p> + Though Roger Mortimer, Hamond l'Estrange, and other powerful marchers of + Wales, had been obliged to leave the kingdom, their authority still + remained over the territories subjected to their jurisdiction; and there + were many others who were disposed to give disturbance to the new + government. The animosities inseparable from the feudal aristocracy, broke + out with fresh violence, and threatened the kingdom with new convulsions + and disorders. + </p> + <p> + The earl of Leicester, surrounded with these difficulties, embraced a + measure, from which he hoped to reap some present advantages, but which + proved in the end the source of all his future calamities. The active and + intrepid Prince Edward had anguished in prison ever since the fatal battle + of Lewes; and as he was extremely popular in the kingdom there arose a + general desire of seeing him again restored to liberty.[*] Leicester, + finding that he could with difficulty oppose the concurring wishes of the + nation, stipulated with the prince, that, in return, he should order his + adherents to deliver up to the barons all their castles, particularly + those on the borders of Wales; and should swear neither to depart the + kingdom during three years, nor introduce into it any foreign forces.[**] + The king took an oath to the same effect, and he also passed a charter in + which he confirmed the agreement or Mise of Lewes; and even permitted his + subjects to rise in arms against him, if he should ever attempt to + infringe it.[***] So little care did Leicester take, though he constantly + made use of the authority of this captive prince, to preserve to him any + appearance of royalty or kingly prerogatives. + </p> +<pre xml:space="preserve"> + * Knyghton, p. 2451. + + ** Ann. Waverl. p. 216. + + *** Blackstone's Mag. Chart. Chron. Dunst. vol. i. p. 378. +</pre> + <p> + In consequence of this treaty, Prince Edward was brought into Westminster + Hall, and was declared free by the barons: but instead of really + recovering his liberty, as he had vainly expected, he found that the whole + transaction was a fraud on the part of Leicester; that he himself still + continued a prisoner at large, and was guarded by the emissaries of that + nobleman; and that, while the faction reaped all the benefit from the + performance of his part of the treaty, care was taken that he should enjoy + no advantage by it. As Glocester, on his rupture with the barons, had + retired for safety to his estates on the borders of Wales, Leicester + followed him with an army to Hereford,[*] continued still to menace ana + negotiate, and that he might add authority to his cause, he carried both + the king and prince along with him. The earl of Glocester here concerted + with young Edward the manner of that prince's escape. He found means to + convey to him a horse of extraordinary swiftness; and appointed Roger + Mortimer who had returned into the kingdom, to be ready at hand with a + small party to receive the prince, and to guard him to a place of safety. + Edward pretended to take the air with some of Leicester's retinue, who + were his guards; and making matches between their horses, after he thought + he had tired and blown them sufficiently, he suddenly mounted Glocester's + horse, and called to his attendants that he had long enough enjoyed the + pleasure of their company, and now bade them adieu. They followed him for + some time without being able to overtake him; and the appearance of + Mortimer with his company put an end to their pursuit. + </p> +<pre xml:space="preserve"> + * Chron. T. Wykes, p. 67. Ann. Waverl. p. 218. W. Heming, p. + 585. Chron Durst. vil. i i. p. 383, 384. +</pre> + <p> + The royalists, secretly prepared for this event, immediately flew to arms; + and the joy of this gallant prince's deliverance, the oppressions under + which the nation labored, the expectation of a new scene of affairs, and + the countenance of the earl of Glocester, procured Edward an army which + Leicester was utterly unable to withstand. This nobleman found himself in + a remote quarter of the kingdom; surrounded by his enemies; barred from + all communication with his friends by the Severn, whose bridges Edward had + broken down; and obliged to fight the cause of his party under these + multiplied disadvantages. In this extremity he wrote to his son, Simon de + Mountfort, to hasten from London with an army for his relief; and Simon + had advanced to Kenilworth with that view, where, fancying that all + Edward's force and attention were directed against his father, he lay + secure and unguarded. But the prince, making a sudden and forced march, + surprised him in his camp, dispersed his army, and took the earl of Oxford + and many other noblemen prisoners, almost without resistance. Leicester, + ignorant of his son's fate, passed the Severn in boats during Edward's + absence, and lay at Evesham, in expectation of being every hour joined by + his friends from London; when the prince, who availed himself of every + favorable moment, appeared in the field before him. Edward made a body of + his troops advance from the road which led to Kenilworth, and ordered them + to carry the banners taken from Simon's army; while he himself, making a + circuit with the rest of his forces, purposed to attack the enemy on the + other quarter. Leicester was long deceived by this stratagem, and took one + division of Edward's army for his friends; but at last, perceiving his + mistake, and observing the great superiority and excellent disposition of + the royalists, he exclaimed, that they had learned from him the art of + war; adding, "The Lord have mercy on our souls, for I see our bodies are + the prince's!" The battle immediately began, though on very unequal terms. + Leicester's army, by living in the mountains of Wales without bread, which + was not then much used among the inhabitants, had been extremely weakened + by sickness and desertion, and was soon broken by the victorious + royalists; while his Welsh allies, accustomed only to a desultory kind of + war, immediately took to flight, and were pursued with great slaughter. + Leicester himself, asking for quarter, was slain in the heat of the + action, with his eldest son Henry, Hugh le Despenser, and about one + hundred and sixty knights, and many other gentlemen of his party. The old + king had been purposely placed by the rebels in the front of the battle, + and being clad in armor, and thereby not known by his friends, he received + a wound, and was in danger of his life; but crying out, "I am Henry of + Winchester, your king," he was saved, and put in a place of safety by his + son, who flew to his rescue. + </p> + <p> + The violence, ingratitude, tyranny, rapacity, and treachery of the earl of + Leicester, give a very bad idea of his moral character, and make us regard + his death as the most fortunate event which, in this conjuncture, could + have happened to the English nation: yet must we allow the man to have + possessed great abilities, and the appearance of great virtues, who, + though a stranger, could, at a time when strangers were the most odious + and the most universally decried, have acquired so extensive an interest + in the kingdom, and have so nearly paved his way to the throne itself. His + military capacity, and his political craft, were equally eminent: he + possessed the talents both of governing men and conducting business; and + though his ambition was boundless, it seems neither to have exceeded his + courage nor his genius; and he had the happiness of making the low + populace, as well as the haughty barons, coöperate towards the success of + his selfish and dangerous purposes. A prince of greater abilities and + vigor than Henry might have directed the talents of this nobleman either + to the exaltation of his throne or to the good of his people but the + advantages given to Leicester, by the weak and variable administration of + the king, brought on the ruin of royal authority, and produced great + confusions in the kingdom which, however, in the end, preserved and + extremely improved national liberty and the constitution. His popularity, + even after his death, continued so great, that, though he was + excommunicated by Rome, the people believed him to be a saint; and many + miracles were said to be wrought upon his tomb.[*] + </p> + <p class="side"> + 1266. + </p> + <p> + The victory of Evesham, with the death of Leicester, proved decisive in + favor of the royalists, and made an equal though an opposite impression on + friends and enemies, in every part of England. The king of the Romans + recovered his liberty: the other prisoners of the royal party were not + only freed, but courted by their keepers; Fitz-Richard, the seditious + mayor of London, who had marked out forty of the most wealthy citizens for + slaughter, immediately stopped his hand on receiving intelligence of this + great event; and almost all the castles, garrisoned by the barons, + hastened to make their submissions, and to open their gates to the king. + The Isle of Axholme alone, and that of Ely, trusting to the strength of + their situation, ventured to make resistance; but were at last reduced, as + well as the Castle of Dover, by the valor and activity of Prince + Edward.[**] Adam de Gourdon, a courageous baron, maintained himself during + some time in the forests of Hampshire, committed depredations in the + neighborhood, and obliged the prince to lead a body of troops into that + country against him. Edward attacked the camp of the rebels; and being + transported by the ardor of battle, leaped over the trench with a few + followers, and encountered Gourdon in single combat. The victory was long + disputed between these valiant combatants; but ended at last in the + prince's favor, who wounded his antagonist, threw him from his horse, and + took him prisoner. He not only gave him his life; but introduced him that + very night to the queen at Guildford, procured him his pardon, restored + him to his estate, received him into favor, and was ever after faithfully + served by him.[***] + </p> +<pre xml:space="preserve"> + * Chron. de Mailr. p. 232. + + ** M. Paris p. 676. W. Heming. p. 588. + + *** M. Paris, p 575 +</pre> + <p> + A total victory of the sovereign over so extensive a rebellion commonly + produces a revolution of government, and strengthens, as well as enlarges, + for some time, the prerogatives of the crown; yet no sacrifices of + national liberty were made on this occasion; the Great Charter remained + still inviolate; and the king, sensible that his own barons, by whose + assistance alone he had prevailed, were no less jealous of their + independence than the other party, seems thenceforth to have more + carefully abstained from all those exertions of power which had afforded + so plausible a pretence to the rebels. The clemency of this victory is + also remarkable; no blood was shed on the scaffold; no attainders, except + of the Mountfort family, were carried into execution; and though a + parliament, assembled at Winchester, attainted all those who had borne + arms against the king, easy compositions were made with them for their + lands;[*] and the highest sum levied on the most obnoxious offenders + exceeded not five years' rent of their estate. Even the earl of Derby, who + again rebelled, after having been pardoned and restored to his fortune, + was obliged to pay only seven years' rent, and was a second time restored. + The mild disposition of the king, and the prudence of the prince, tempered + the insolence of victory and gradually restored order to the several + members of the state, disjointed by so long a continuance of civil wars + and commotions. + </p> + <p> + The city of London, which had carried farthest the rage and animosity + against the king, and which seemed determined to stand upon its defence + after almost all the kingdom had submitted, was, after some interval, + restored to most of its liberties and privileges; and Fitz-Richard, the + mayor, who had been guilty of so much illegal violence, was only punished + by fine and imprisonment. The countess of Leicester, the king's sister, + who had been extremely forward in all attacks on the royal family, was + dismissed the kingdom with her two sons, Simon and Guy, who proved very + ungrateful for this lenity. Five years afterwards, they assassinated, at + Viterbo in Italy, their cousin Henry d'Allmaine, who at that very time was + endeavoring to make their peace with the king; and by taking sanctuary in + the church of the Franciscans, they escaped the punishment due to so great + an enormity.[**] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 675. + + ** Rymer, vol. i. p. 879; vol. ii. p. 4, 6. Chron. T. Wykes, + p. 94 W. Heming. p. 589. Trivet, p. 240. +</pre> + <p class="side"> + 1267. + </p> + <p> + The merits of the earl of Glocester, after he returned to his allegiance, + had been so great, in restoring the prince to his liberty, and assisting + him in his victories against the rebellious barons, that it was almost + impossible to content him in his demands; and his youth and temerity as + well as his great power, tempted him, on some new disgust, to raise again + the flames of rebellion in the kingdom. The mutinous populace of London at + his instigation took to arms; and the prince was obliged to levy an army + of thirty thousand men in order to suppress them. Even this second + rebellion did not provoke the king to any act of cruelty; and the earl of + Glocester himself escaped with total impunity. He was only obliged to + enter into a bond of twenty thousand marks, that he should never again be + guilty of rebellion; a strange method of enforcing the laws, and a proof + of the dangerous independence of the barons in those ages! These potent + nobles were, from the danger of the precedent, averse to the execution of + the laws of forfeiture and felony against any of their fellows; though + they could not, with a good grace, refuse to concur in obliging them to + fulfil any voluntary contract and engagement into which they had entered. + </p> + <p class="side"> + 1270. + </p> + <p> + The prince, finding the state of the kingdom tolerably composed, was + seduced by his avidity for glory, and by the prejudices of the age, as + well as by the earnest solicitations of the king of France, to undertake + an expedition against the infidels in the Holy Land;[*] and he endeavored + previously to settle the state in such a manner, as to dread no bad + effects from his absence. As the formidable power and turbulent + disposition of the earl of Glocester gave him apprehensions, he insisted + on carrying him along with him, in consequence of a vow which that + nobleman had made to undertake the same voyage: in the mean time, he + obliged him to resign some of his castles, and to enter into a new bond + not to disturb the peace of the kingdom.[**] + </p> +<pre xml:space="preserve"> + * M. Paris, p. 677 + + ** Chron. T. Wykes, p. 90. +</pre> + <p> + He sailed from England with an army; and arrived in Lewis's camp before + Tunis in Africa, where he found that monarch already dead, from the + intemperance of the climate and the fatigues of his enterprise. The great, + if not only weakness of this prince, in his government, was the imprudent + passion for crusades; but it was this zeal chiefly that procured him from + the clergy the title of St. Lewis, by which he is known in the French + history and if that appellation had not been so extremely prostituted as + to become rather a term of reproach, he seems, by his uniform probity and + goodness, as well as his piety, to have fully merited the title. He was + succeeded by his son Philip, denominated the Hardy; a prince of some + merit, though much inferior to that of his father. + </p> + <p class="side"> + 1271. + </p> + <p> + Prince Edward, not discouraged by this event, continued his voyage to the + Holy Land, where he signalized himself by acts of valor; revived the glory + of the English name in those parts; and struck such terror into the + Saracens, that they employed an assassin to murder him, who wounded him in + the arm, but perished in the attempt.[*] Meanwhile his absence from + England was attended with many of those pernicious consequences which had + been dreaded from it. The laws were not executed: the barons oppressed the + common people with impunity: they gave shelter on their estates to bands + of robbers, whom they employed in committing ravages on the estates of + their enemies: the populace of London returned to their usual + licentiousness: and the old king, unequal to the burden of public affairs, + called aloud for his gallant son to return,[**] and to assist him in + swaying that sceptre which was ready to drop from his feeble and + irresolute hands. At last, overcome by the cares of government and the + infirmities of age, he visibly declined, and he expired at St. Edmondsbury + in the sixty-fourth year of his age, and fifty-sixth of his reign;[***] + the longest reign that is to be met with in the English annals. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 678, 679. W. Heming, p. 520. + + ** Chron. Dunst. vol. i. p. 404. + + *** Kymer, vol. i. p. 869. M. Paris, p. 678. +</pre> + <p class="side"> + 1272. + </p> + <p> + His brother, the king of the Romans, (for he never attained the title of + emperor,) died about seven months before him. + </p> + <p> + The most obvious circumstance of Henry's character is his incapacity for + government, which rendered him as much a prisoner in the hands of his own + ministers and favorites, and as little at his own disposal, as when + detained a captive in the hands of his enemies. From this source, rather + than from insincerity or treachery, arose his negligence in observing his + promises; and he was too easily induced, for the sake of present + convenience, to sacrifice the lasting advantages arising from the trust + and confidence of his people. Hence too were derived his profusion to + favorites, his attachment to strangers, the variableness of his conduct, + his hasty resentments, and his sudden forgiveness and return of affection. + </p> + <p> + Instead of reducing the dangerous power of his nobles, by obliging them to + observe the laws towards their inferiors, and setting them the salutary + example in his own government, he was seduced to imitate their conduct, + and to make his arbitrary will, or rather that of his ministers, the rule + of his actions. Instead of accommodating himself, by a strict frugality, + to the embarrassed situation in which his revenue had been left by the + military expeditions of his uncle, the dissipations of his father, and the + usurpations of the barons, he was tempted to levy money by irregular + exactions, which, without enriching himself, impoverished, at least + disgusted, his people. Of all men, nature seemed least to have fitted him + for being a tyrant, yet are there instances of oppression in his reign, + which, though derived from the precedents left him by his predecessors, + had been carefully guarded against by the Great Charter, and are + inconsistent with all rules of good government. And on the whole, we may + say, that greater abilities, with his good dispositions, would have + prevented him from falling into his faults, or with worse dispositions, + would have enabled him to maintain and defend them. + </p> + <p> + This prince was noted for his piety and devotion, and his regular + attendance on public worship; and a saying of his on that head is much + celebrated by ancient writers. He was engaged in a dispute with Lewis IX. + of France, concerning the preference between sermons and masses: he + maintained the superiority of the latter, and affirmed, that he would + rather have one hour's conversation with a friend, than hear twenty of the + most elaborate discourses pronounced in his praise.[*] + </p> +<pre xml:space="preserve"> + * Walsing. Edw. I. p. 43. +</pre> + <p> + Henry left two sons, Edward, his successor, and Edmond earl of Lancaster; + and two daughters, Margaret, queen of Scotland, and Beatrix, duchess of + Brittany. He had five other children, who died in their infancy. + </p> + <p> + The following are the most remarkable laws enacted during this reign. + There had been great disputes between the civil and ecclesiastical courts + concerning bastardy. The common law had deemed all those to be bastards + who were born before wedlock; by the canon law they were legitimate: and + when any dispute of inheritance arose, it had formerly been usual for the + civil courts to issue writs to the spiritual, directing them to inquire + into the legitimacy of the person. The bishop always returned an answer + agreeable to the canon law, though contrary to the municipal law of the + kingdom. For this reason, the civil courts had changed the terms of their + writ; and instead of requiring the spiritual courts to make inquisition + concerning the legitimacy of the person, they only proposed the simple + question of fact, whether he were born before or after wedlock. The + prelates complained of this practice to the parliament assembled at Merton + in the twentieth of this king, and desired that the municipal law might be + rendered conformable to the canon; but received from all the nobility the + memorable reply, "Nolumus leges Angliae mutare." We will not change the + laws of England.[*] + </p> + <p> + After the civil wars, the parliament summoned at Marlebridge gave their + approbation to most of the ordinances which had been established by the + reforming barons, and which though advantageous to the security of the + people, had not received the sanction of a legal authority. Among other + laws, it was there enacted, that all appeals from the courts of inferior + lords should be carried directly to the king's courts, without passing + through the courts of the lords immediately superior.[**] It was ordained, + that money should bear no interest during the minority of the debtor.[***] + This law was reasonable, as the estates of minors were always in the hands + of their lords, and the debtors could not pay interest where they had no + revenue. The charter of King John had granted this indulgence: it was + omitted in that of Henry III., for what reason is not known; but it was + renewed by the statute of Marlebridge. Most of the other articles of this + statute are calculated to restrain the oppressions of sheriffs, and the + violence and iniquities committed in distraining cattle and other goods. + Cattle and the instruments of husbandry formed at that time the chief + riches of the people. + </p> + <p> + In the thirty-fifth year of this king, an assize was fixed of bread, the + price of which was settled according to the different prices of corn, from + one shilling a quarter to seven shillings and sixpence,[****] money of + that age. These great variations are alone a proof of bad tillage:[*****] + yet did the prices often rise much higher than any taken notice of by the + statute. + </p> +<pre xml:space="preserve"> + * Statute of Merton, chap. 9. + + ** Statute of Marlb. chap. 20. + + *** Ibid. chap. 16. + + **** Statutes at large, p. 6. + + iii. cap. 81, 92,) that the price of corn in Sicily was, + during the preetorship of Sacerdos five denarii amodius; + during that of Verres, which immediately succeeded, only two + sesterces; that is, ten times lower; a presumption, or + rather a proof, of the very bad state of tillage in ancient + times. +</pre> + <p> + The Chronicle of Dunstable tells us, that in this reign wheat was once + sold for a mark, nay, for a pound a quarter; that is, three pounds of our + present money.[*] The same law affords us a proof of the little + communication between the parts of the kingdom, from the very different + prices which the same commodity bore at the same time. A brewer, says the + statute, may sell two gallons of ale for a penny in cities, and three or + four gallons for the same price in the country. At present, such + commodities, by the great consumption of the people, and the great stocks + of the brewers, are rather cheapest in cities. The Chronicle above + mentioned observes, that wheat one year was sold in many places for eight + shillings a quarter, but never rose in Dunstable above a crown. + </p> +<pre xml:space="preserve"> + * So also Knyghton, p. 2444. +</pre> + <p> + Though commerce was still very low, it seems rather to have increased + since the conquest; at least, if we may judge of the increase of money by + the price of corn. The medium between the highest and lowest prices of + wheat, assigned by the statute, is four shillings and threepence a + quarter; that is, twelve shillings and ninepence of our present money. + This is near half of the middling price in our time. Yet the middling + price of cattle, so late as the reign of King Richard, we find to be above + eight, near ten times lower than the present. Is not this the true + inference, from comparing these facts, that, in all uncivilized nations, + cattle, which propagate of themselves, bear always a lower price than + corn, which requires more art and stock to render it plentiful than those + nations are possessed of? It is to be remarked, that Henry's assize of + corn was copied from a preceding assize established by King John; + consequently, the prices which we have here compared of corn and cattle + may be looked on as contemporary; and they were drawn, not from one + particular year, but from an estimation of the middling prices for a + series of years. It is true, the prices assigned by the assize of Richard + were meant as a standard for the accompts of sheriffs and escheators and + as considerable profits were allowed to these ministers, we may naturally + suppose that the common value of cattle was somewhat higher: yet still, so + great a difference between the prices of corn and cattle as that of four + to one, compared to the present rates, affords important reflections + concerning the very different state of industry and tillage in the two + periods. + </p> + <p> + Interest had in that age mounted to an enormous height, as might be + expected from the barbarism of the times and men's ignorance of commerce. + Instances occur of fifty per cent. paid for money.[*] There is an edict of + Philip Augustus, near this period, limiting the Jews in France to + forty-eight per cent.[**] Such profits tempted the Jews to remain in the + kingdom, notwithstanding the grievous oppressions to which, from the + prevalent bigotry and rapine of the age, they were continually exposed. It + is easy to imagine how precarious their state must have been under an + indigent prince, somewhat restrained in his tyranny over his native + subjects, but who possessed an unlimited authority over the Jews, the sole + proprietors of money in the kingdom, and hated on account of their riches, + their religion, and their usury; yet will our ideas scarcely come up to + the extortions which in fact we find to have been practised upon them. In + the year 1241, twenty thousand marks were exacted from them;[***] two + years after money was again extorted; and one Jew alone, Aaron of York, + was obliged to pay above four thousand marks;[****] in 1250, Henry renewed + his oppressions; and the same Aaron was condemned to pay him thirty + thousand marks upon an accusation of forgery;[*****] the high penalty + imposed upon him, and which, it seems, he was thought able to pay, is + rather a presumption of his innocence than of his guilt. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 586. + + ** Brussel, Traité des Fiefs, vol. i, p. 576. + + *** M. Paris, p. 372. + + **** M. Paris, p. 410. + +</pre> + <p> + In 1255, the king demanded eight thousand marks from the Jews, and + threatened to hang them if they refused compliance. They now lost all + patience, and desired leave to retire with their effects out of the + kingdom. But the king replied, "How can I remedy the oppressions you + complain of? I am myself a beggar. I am spoiled, I am stripped of all my + revenues; I owe above two hundred thousand marks; and if I had said three + hundred thousand, I should not exceed the truth; I am obliged to pay my + son, Prince Edward, fifteen thousand marks a year; I have not a farthing; + and I must have money from any hand, from any quarter, or by any means." + He then delivered over the Jews to the earl of Cornwall, that those whom + the one brother had flayed, the other might embowel, to make use of the + words of the historian.[*] King John, his father, once demanded ten + thousand marks from a Jew of Bristol; and on his refusal, ordered one of + his teeth to be drawn every day till he should comply. The Jew lost seven + teeth, and then paid the sum required of him.[**] One talliage laid upon + the Jews, in 1243, amounted to sixty thousand marks;[***] a sum equal to + the whole yearly revenue of the crown. + </p> + <p> + To give a better pretence for extortions, the improbable and absurd + accusation, which has been at different times advanced against that + nation, was revived in England, that they had crucified a child in + derision of the sufferings of Christ. Eighteen of them were hanged at once + for this crime;[****] though it is nowise credible that even the antipathy + borne them by the Christians, and the oppressions under which they + labored, would ever have pushed them to be guilty of that dangerous + enormity. But it is natural to imagine, that a race exposed to such + insults and indignities, both from king and people, and who had so + uncertain an enjoyment of their riches, would carry usury to the utmost + extremity, and by their great profits make themselves some compensation + for their continual perils. + </p> + <p> + Though these acts of violence against the Jews proceeded much from + bigotry, they were still more derived from avidity and rapine. So far from + desiring in that age to convert them, it was enacted by law in France, + that if any Jew embraced Christianity, he forfeited all his goods, without + exception, to the king or his superior lord. These plunderers were careful + lest the profits accruing from their dominion over that unhappy race + should be diminished by their conversion.[*****] + </p> + <p> + Commerce must be in a wretched condition where interest was so high, and + where the sole proprietors of money employed it in usury only, and were + exposed to such extortion and injustice. But the bad police of the country + was another obstacle to improvements, and rendered all communication + dangerous, and all property precarious. The Chronicle of Dunstable + says,[******] that men were never secure in their houses, and that whole + villages were often plundered by bands of robbers, though no civil wars at + that time prevailed in the kingdom. + </p> +<pre xml:space="preserve"> + *M. Paris, p. 606. + + **M. Paris, p. 160. + + ***Madox, p. 152. + + ****M. Paris, p. 613. + + ******Vol. i. p. 155. +</pre> + <p> + In 1249, some years before the insurrection of the barons, two merchants + of Brabant came to the king at Winchester, and told him that they had been + spoiled of all their goods by certain robbers, whom they knew, because + they saw their faces every day in his court; that like practices prevailed + all over England, and travellers were continually exposed to the danger of + being robbed, bound, wounded, and murdered; that these crimes escaped with + impunity, because the ministers of justice themselves were in a + confederacy with the robbers; and that they, for their part, instead of + bringing matters to a fruitless trial by law, were willing, though + merchants, to decide their cause with the robbers by arms and a duel. The + king, provoked at these abuses, ordered a jury to be enclosed, and to try + the robbers: the jury, though consisting of twelve men of property in + Hampshire, were found to be also in a confederacy with the felons, and + acquitted them. Henry, in a rage, committed the jury to prison, threatened + them with severe punishment, and ordered a new jury to be enclosed, who, + dreading the fate of their fellows, at last found a verdict against the + criminals. Many of the king's own household were discovered to have + participated in the guilt; and they said for their excuse, that they + received no wages from him, and were obliged to rob for a maintenance.[*] + "Knights and esquires," says the Dictum of Kenilworth, "Who were robbers, + if they have no land, shall pay the half of their goods, and find + sufficient security to keep henceforth the peace of the kingdom." Such + were the manners of the times! + </p> + <p> + One can the less repine, during the prevalence of such manners, at the + frauds and forgeries of the clergy; as it gives less disturbance to + society to take men's money from them with their own consent, though by + deceits and lies, than to ravish it by open force and violence. During + this reign the papal power was at its summit, and was even beginning + insensibly to decline, by reason of the immeasurable avarice and + extortions of the court of Rome, which disgusted the clergy as well as + laity in every kingdom of Europe. England itself, though sunk in the + deepest abyss of ignorance and superstition, had seriously entertained + thoughts of shaking off the papal yoke;[**] and the Roman pontiff was + obliged to think of new expedients for rivetting it faster upon the + Christian world. + </p> +<pre xml:space="preserve"> + * M. Paris, p. 509. + + ** M. Paris, p. 421. +</pre> + <p> + For this purpose, Gregory IX. published his decretals,[*] which are a + collection of forgeries favorable to the court of Rome, and consist of the + supposed decrees of popes in the first centuries. But these forgeries are + so gross, and confound so palpably all language, history, chronology, and + antiquities,—matters more stubborn than any speculative truths + whatsoever,—that even that church, which is not startled at the most + monstrous contradictions and absurdities, has been obliged to abandon them + to the critics. But in the dark period of the thirteenth century, they + parsed for undisputed and authentic; and men, entangled in the mazes of + this false literature, joined to the philosophy, equally false, of the + times, had nothing wherewithal to defend themselves, but some small + remains of common sense, which passed for profaneness and impiety, and the + indelible regard to self-interest, which, as it was the sole motive in the + priests for framing these impostures, served also, in some degree, to + protect the laity against them. + </p> +<pre xml:space="preserve"> + * Trivet, p. 191. +</pre> + <p> + Another expedient, devised by the church of Rome, in this period, for + securing her power, was the institution of new religious orders, chiefly + the Dominicans and Franciscans, who proceeded with all the zeal and + success that attend novelties; were better qualified to gain the populace + than the old orders, now become rich and indolent; maintained a perpetual + rivalship with each other in promoting their gainful superstitions; and + acquired a great dominion over the minds, and consequently over the + purses, of men, by pretending a desire of poverty and a contempt for + riches. The quarrels which arose between these orders, lying still under + the control of the sovereign pontiff, never disturbed the peace of the + church, and served only as a spur to their industry in promoting the + common cause; and though the Dominicans lost some popularity by their + denial of the immaculate conception,—a point in which they unwarily + engaged too far to be able to recede with honor,—they + counterbalanced this disadvantage by acquiring more solid establishments, + by gaining the confidence of kings and princes, and by exercising the + jurisdiction assigned them of ultimate judges and punishers of heresy. + Thus the several orders of monks became a kind of regular troops or + garrisons of the Romish church; and though the temporal interests of + society, still more the cause of true piety, were hurt, by their various + devices to captivate the populace, they proved the chief supports of that + mighty fabric of superstition, and, till the revival of true learning, + secured it from any dangerous invasion. + </p> + <p> + The trial by ordeal was abolished in this reign by order of council; a + faint mark of improvement in the age.[*] + </p> + <p> + Henry granted a charter to the town of Newcastle, in which he gave the + inhabitants a license to dig coal. This is the first mention of coal in + England. + </p> + <p> + We learn from Madox,[**] that this king gave at one time one hundred + shillings to Master Henry, his poet; also the same year he orders this + poet ten pounds. + </p> + <p> + It appears from Selden, that in the forty-seventh of this reign, a hundred + and fifty temporal and fifty spiritual barons were summoned to perform the + service, due by their tenures.[***] In the thirty-fifth of the subsequent + reign, eighty-six temporal barons, twenty bishops, and forty-eight abbots, + were summoned to a parliament convened at Carlisle.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. i. p. 228. Spelman, p. 326. + + ** Page 208. + + *** Titles of Honor, part ii. chap. 3. + + **** Parliamentary Hist. vol. i. p. 151. +</pre> + <p> + <a name="link2HCH0002" id="link2HCH0002"> + <!-- H2 anchor --> </a> <a name="linkedward1" id="linkedward1"></a><br /> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XIII. + </h2> + <p> + <a name="linkimage-0002" id="linkimage-0002"> + <!-- IMG --></a> <a href="images/1_176_edward1.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_176_edward1_th.jpg" title="Edward I." + alt="1_176_edward1.jpg Edward I. " width="100%" /><br /> + </div> + <h2> + EDWARD I. + </h2> + <p class="side"> + 1272. + </p> + <p> + The English were as yet so little inured to obedience under a regular + government, that the death of almost every king, since the conquest, had + been attended with disorders, and the council, reflecting on the recent + civil wars, and on the animosities which naturally remain after these + great convulsions, had reason to apprehend dangerous consequences from the + absence of the son and successor of Henry. They therefore hastened to + proclaim Prince Edward, to swear allegiance to him, and to summon the + states of the kingdom, in order to provide for the public peace in this + important conjuncture.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 1 Walsing, p. 43. Trivet, p. 239. +</pre> + <p> + Walter Giffard, archbishop of York, the earl of Cornwall, son of Richard, + king of the Romans, and the earl of Glocester, were appointed guardians of + the realm, and proceeded peaceably to the exercise of their authority, + without either meeting with opposition from any of the people, or being + disturbed with emulation and faction among themselves. The high character + acquired by Edward during the late commotions, his military genius, his + success in subduing the rebels, his moderation in settling the kingdom, + had procured him great esteem, mixed with affection, among all orders of + men; and no one could reasonably entertain hopes of making any advantage + of his absence, or of raising disturbance in the nation. The earl of + Glocester himself, whose great power and turbulent spirit had excited most + jealousy, was forward to give proofs of his allegiance; and the other + malecontents, being destitute of a leader, were obliged to remain in + submission to the government. + </p> + <p> + Prince Edward had reached Sicily in his return from the Holy Land, when he + received intelligence of the death of his father; and he discovered a deep + concern on the occasion. At the same time, he learned the death of an + infant son, John whom his princess, Eleanor of Castile, had born him at + Acre, in Palestine; and as he appeared much less affected with that + misfortune, the king of Sicily expressed a surprise at this difference of + sentiment; but was told by Edward, that the death of a son was a loss + which he might hope to repair; the death of a father was a loss + irreparable.[*] + </p> + <p> + Edward proceeded homeward; but as he soon learned the quiet settlement of + the kingdom, he was in no hurry to take possession of the throne, but + spent near a year in France, before he made his appearance in England. + </p> + <p class="side"> + 1273. + </p> + <p> + In his passage by Chalons, in Burgundy, he was challenged by the prince of + the country to a tournament which he was preparing; and as Edward excelled + in those martial and dangerous exercises, the true image of war, he + declined not the opportunity of acquiring honor in that great assembly of + the neighboring nobles. But the image of war was here unfortunately turned + into the thing itself. Edward and his retinue were so successful in the + jousts, that the French knights, provoked at their superiority, made a + serious attack upon them, which was repulsed, and much blood was idly shed + in the quarrel.[**] This rencounter received the name of the petty battle + of Chalons. + </p> + <p class="side"> + 1274. + </p> + <p> + Edward went from Chalons to Paris, and did homage to Philip for the + dominions which he held in France.[***] He thence returned to Guienne, and + settled that province, which was in some confusion. He made his journey to + London through France; in his passage, he accommodated at Montreuil a + difference with Margaret, countess of Flanders, heiress of that + territory;[****] he was received with joyful acclamations by his people, + and was solemnly crowned at Westminster by Robert, archbishop of + Canterbury. + </p> +<pre xml:space="preserve"> + * Walsing. p. 44. Trivet. p. 240. + + ** Walsing. p. 44. Trivet. p. 241. M. West. p. 402. + + *** Walsing p. 45. + + **** Rymer. vol. ii. p. 32, 33. +</pre> + <p> + The king immediately applied himself to the reestablishment of his + kingdom, and to the correcting of those disorders which the civil + commotions and the loose administration of his father had introduced into + every part of government. The plan of his policy was equally generous and + prudent. He considered the great barons both as the immediate rivals of + the crown and oppressors of the people; and he purposed, by an exact + distribution of justice, and a rigid execution of the laws, to give at + once protection to the inferior orders of the state, and to diminish the + arbitrary power of the great, on which their dangerous authority was + chiefly founded. Making it a rule in his own conduct to observe, except on + extraordinary occasions, the privileges secured to them by the Great + Charter, he acquired a right to insist upon their observance of the same + charter towards their vassals and inferiors; and he made the crown be + regarded by all the gentry and commonalty of the kingdom, as the fountain + of justice, and the general asylum against oppression. + </p> + <p class="side"> + 1275. + </p> + <p> + Besides enacting several useful statutes, in a parliament which he + summoned at Westminster, he took care to inspect the conduct of all his + magistrates and judges, to displace such as were either negligent or + corrupt, to provide them with sufficient force for the execution of + justice, to extirpate all bands and confederacies of robbers, and to + repress those more silent robberies which were committed either by the + power of the nobles or under the countenance of public authority. By this + rigid administration, the face of the kingdom was soon changed; and order + and justice took place of violence and oppression: but amidst the + excellent institutions and public-spirited plans of Edward, there still + appears somewhat both of the severity of his personal character and of the + prejudices of the times. + </p> + <p> + As the various kinds of malefactors, the murderers, robbers, incendiaries, + ravishers, and plunderers, had become so numerous and powerful, that the + ordinary ministers of justice, especially in the western counties, were + afraid to execute the laws against them, the king found it necessary to + provide an extraordinary remedy for the evil; and he erected a new + tribunal, which, however useful, would have been deemed in times of more + regular liberty, a great stretch of illegal and arbitrary power. It + consisted of commissioners, who were empowered to inquire into disorders + and crimes of all kinds, and to inflict the proper punishments upon them. + The officers charged with this unusual commission, made their circuits + throughout the counties of England most infested with this evil, and + carried terror into all those parts of the kingdom. In their zeal to + punish crimes, they did not sufficiently distinguish between the innocent + and guilty; the smallest suspicion became a ground of accusation and + trial; the slightest evidence was received against criminals; prisons were + crowded with malefactors, real or pretended; severe fines were levied for + small offences; and the king, though his exhausted exchequer was supplied + by this expedient, found it necessary to stop the course of so great + rigor, and after terrifying and dissipating by this tribunal the gangs of + disorderly people in England, he prudently annulled the commission;[*] and + never afterwards renewed it. + </p> + <p> + Among the various disorders to which the kingdom was subject, no one was + more universally complained of than the adulteration of the coin; and as + this crime required more art than the English of that age, who chiefly + employed force and violence in their iniquities, were possessed of, the + imputation fell upon the Jews.[**] Edward also seems to have indulged a + strong prepossession against that nation; and this ill-judged zeal for + Christianity being naturally augmented by an expedition to the Holy Land, + he let loose the whole rigor of his justice against that unhappy people. + Two hundred and eighty of them were hanged at once for this crime in + London alone, besides those who suffered in other parts of the + kingdom.[***] + </p> +<pre xml:space="preserve"> + * Spel. Gloss, in verbo Trailbaston. But Spelman was either + mistaken in placing this commission in the fifth year of the + king, or it was renewed in 1305. See Rymer, vol. ii. p. 960. + Trivet, p. 838., M. West. p. 450. + + ** Walsing. p. 48 Heming. vol. i. p. 6. + + *** T. Wykes, p. 107. +</pre> + <p> + The houses and lands, (for the Jews had of late ventured to make purchases + of that kind,) as well as the goods of great multitudes, were sold and + confiscated; and the king, lest it should be suspected that the riches of + the sufferers were the chief part of their guilt, ordered a moiety of the + money raised by these confiscations to be set apart, and bestowed upon + such as were willing to be converted to Christianity. But resentment was + more prevalent with them than any temptation from their poverty; and very + few of them could be induced by interest to embrace the religion of their + persecutors. The miseries of this people did not here terminate. Though + the arbitrary talliages and exactions levied upon them had yielded a + constant and a considerable revenue to the crown, Edward prompted by his + zeal and his rapacity, resolved some time after[*] to purge the kingdom + entirely of that hated race, and to seize to himself at once their whole + property as the reward of his labor.[**] He left them only money + sufficient to bear their charges into foreign countries, where new + persecutions and extortions awaited them: but the inhabitants of the + cinque ports, imitating the bigotry and avidity of their sovereign, + despoiled most of them of this small pittance, and even threw many of them + into the sea; a crime for which the king, who was determined to be the + sole plunderer in his dominions, inflicted a capital punishment upon them. + No less than fifteen thousand Jews were at this time robbed of their + effects, and banished the kingdom: very few of that nation have since + lived in England: and as it is impossible for a nation to subsist without + lenders of money, and none will lend without a compensation, the practice + of usury, as it was then called, was thenceforth exercised by the English + themselves upon their fellow-citizens, or by Lombards and other + foreigners. It is very much to be questioned, whether the dealings of + these new usurers were equally open and unexceptionable with those of the + old. By a law of Richard, it was enacted, that three copies should be made + of every bond given to a Jew; one to be put into the hands of a public + magistrate, another into those of a man of credit, and a third to remain + with the Jew himself.[***] But as the canon law, seconded by the + municipal, permitted no Christian to take interest, all transactions of + this kind must, after the banishment of the Jews, have become more secret + and clandestine, and the lender, of consequence, be paid both for the use + of his money, and for the infamy and danger which he incurred by lending + it. + </p> +<pre xml:space="preserve"> + * In the year 1290. + + ** Walsing. p. 54. Heming. vol. i. p. 20. Trivet, p 266. + + *** Trivet, p. 128. +</pre> + <p> + The great poverty of the crown, though no excuse, was probably the cause + of this egregious tyranny exercised against the Jews; but Edward also + practised other more honorable means of remedying that evil. He employed a + strict frugality in the management and distribution of his revenue: he + engaged the parliament to vote him a fifteenth of all movables; the pope + to grant him the tenth of all ecclesiastical revenues for three years; and + the merchants to consent to a perpetual imposition of half a mark on every + sack of wool exported, and a mark on three hundred skins. He also issued + commissions to inquire into all encroachments on the royal demesne; into + the value of escheats, forfeitures, and Wardships; and into the means of + repairing or improving every branch of the revenue.[*] The commissioners, + in the execution of their office, began to carry matters too far against + the nobility, and to question titles to estates which had been transmitted + from father to son for several generations. Earl Warrenne, who had done + such eminent service in the late reign, being required to show his titles, + drew his sword; and subjoined, that William the bastard had not conquered + the kingdom for himself alone: his ancestor was a joint adventurer in the + enterprise; and he himself was determined to maintain what had from that + period remained unquestioned in his family. The king, sensible of the + danger, desisted from making further inquiries of this nature. + </p> + <p class="side"> + 1276. + </p> + <p> + But the active spirit of Edward could not long remain without employment. + He soon after undertook an enterprise more prudent for himself, and more + advantageous to his people. Lewellyn, prince of Wales, had been deeply + engaged with the Mountfort faction; had entered into all their + conspiracies against the crown; had frequently fought on their side; and, + till the battle of Evesham, so fatal to that party, had employed every + expedient to depress the royal cause, and to promote the success of the + barons. In the general accommodation made with the vanquished, Lewellyn + had also obtained his pardon; but as he was the most powerful, and + therefore the most obnoxious vassal of the crown, he had reason to + entertain anxiety about his situation, and to dread the future effects of + resentment and jealousy in the English monarch. For this reason he + determined to provide for his security by maintaining a secret + correspondence with his former associates; and he even made his addresses + to a daughter of the earl of Leicester, who was sent to him from beyond + sea, but being intercepted in her passage near the Isles of Scilly, was + detained in the court of England.[**] + </p> +<pre xml:space="preserve"> + * Ann. Waverl.p. 235. + + ** Walsing. p. 46, 47. Heming. vol. i. p. 5. Trivet, p. 248 +</pre> + <p> + This incident increasing the mutual jealousy between Edward and Lewellyn, + the latter, when required to come to England, and do homage to the new + king, scrupled to put himself in the hands of an enemy, desired a + safe-conduct from Edward, insisted upon having the king's son and other + noblemen delivered to him as hostages, and demanded that his consort + should previously be set at liberty.[*] The king, having now brought the + state to a full settlement, was not displeased with this occasion of + exercising his authority, and subduing entirely the principality of Wales. + He refused all Lewellyn's demands, except that of a safe-conduct; sent him + repeated summons to perform the duty of a vassal; levied an army to reduce + him to obedience; obtained a new aid of a fifteenth from parliament; and + marched out with certain assurance of success against the enemy. + </p> + <p class="side"> + 1277. + </p> + <p> + Besides the great disproportion of force between the kingdom and the + principality, the circumstances of the two states were entirely reversed; + and the same intestine dissensions which had formerly weakened England, + now prevailed in Wales, and had even taken place in the reigning family. + David and Roderic, brothers to Lewellyn, dispossessed of their inheritance + by that prince, had been obliged to have recourse to the protection of + Edward, and they seconded with all their interest, which was extensive, + his attempts to enslave their native country. The Welsh prince had no + resource but in the inaccessible situation of his mountains, which had + hitherto, through many ages, defended his forefathers against all attempts + of the Saxon and Norman conquerors; and he retired among the hills of + Snowdun, resolute to defend himself to the last extremity. But Edward, + equally vigorous and cautious, entering by the north with a formidable + army, pierced into the heart of the country; and having carefully explored + every road before him, and secured every pass behind him, approached the + Welsh army in its last retreat. He here avoided the putting to trial the + valor of a nation proud of its ancient independence, and inflamed with + animosity against its hereditary enemies; and he trusted to the slow, but + sure effects of famine, for reducing that people to subjection. The rude + and simple manners of the natives, as well as the mountainous situation of + their country, had made them entirely neglect tillage, and trust to + pasturage alone for their subsistence; a method of life which had + hitherto[*] secured them against the irregular attempts of the English, + out exposed them to certain ruin, when the conquest of the country was + steadily pursued, and prudently planned by Edward. Destitute of magazines, + cooped up in a narrow corner, they, as well as their cattle, suffered all + the rigors of famine; and Lewellyn, without being able to strike a stroke + for his independence, was at last obliged to submit at discretion, and + receive the terms imposed upon him by the victor.[**] He bound himself to + pay to Edward fifty thousand pounds, as a reparation of damages; to do + homage to the crown of England; to permit all the other barons of Wales, + except four near Snowdun, to swear fealty to the same crown; to relinquish + the country between Cheshire and the River Conway; to settle on his + brother Roderic a thousand marks a year, and on David five hundred; and to + deliver ten hostages as security for his future submission.[***] + </p> + <p> + Edward, on the performance of the other articles, remitted to the prince + of Wales the payment of the fifty thousand pounds;[****] which were + stipulated by treaty, and which, it is probable, the poverty of the + country made it absolutely impossible for him to levy. But, + notwithstanding this indulgence, complaints of iniquities soon arose on + the side of the vanquished: the English, insolent on their easy and + bloodless victory, oppressed the inhabitants of the districts which were + yielded to them: the lords marchers committed with impunity all kinds of + violence on their Welsh neighbors: new and more severe terms were imposed + on Lewellyn himself; and Edward, when the prince attended him at + Worcester, exacted a promise that he would retain no person in his + principality who should be obnoxious to the English monarch.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 68. Walsing, p. 46 Trivet, p. 247 + + ** T. Wykes, p. 105. + + *** Rymer, vol. ii. p. 88. Walsing. p. 47. Trivet, p. 251. + T. Wykes p. 106. + + **** Rymer, p. 92. + +</pre> + <p> + There were other personal insults which raised the indignation of the + Welsh, and made them determine rather to encounter a force which they had + already experienced to be so much superior, than to bear oppression from + the haughty victors. Prince David, seized with the national spirit, made + peace with his brother, and promised to concur in the defence of public + liberty. The Welsh flew to arms; and Edward, not displeased with the + occasion of making his conquest final and absolute, assembled all his + military tenants, and advanced into Wales with an army which the + inhabitants could not reasonably hope to resist. The situation of the + country gave the Welsh at first some advantage over Luke de Tany, one of + Edward's captains, who had passed the Menau with a detachment;[*] but + Lewelly, being surprised by Mortimer, was defeated and slain in an action, + and two thousand of his followers were put to the sword.[**] David, who + succeeded him in the principality, could never collect an army sufficient + to face the English; and being chased from hill to hill, and hunted from + one retreat to another, was obliged to conceal himself under various + disguises, and was at last betrayed in his lurking-place to the enemy. + </p> + <p class="side"> + 1283. + </p> + <p> + Edward sent him in chains to Shrewsbury; and bringing him to a formal + trial before all the peers of England, ordered this sovereign prince to be + hanged, drawn, and quartered, as a traitor, for defending by arms the + liberties of his native country, together with his own hereditary + authority.[***] All the Welsh nobility submitted to the conqueror; the + laws of England, with the sheriffs and other ministers of justice, were + established in that principality; and though it was long before national + antipathies were extinguished, and a thorough union attained between the + people, yet this important conquest, which it had required eight hundred + years fully to effect, was at last, through the abilities of Edward, + completed by the English. + </p> + <p class="side"> + 1284 + </p> + <p> + The king, sensible that nothing kept alive the ideas of military valor and + of ancient glory so much as the traditional poetry of the people, which, + assisted by the power of music and the jollity of festivals, made deep + impression on the minds of the youth, gathered together all the Welsh + bards, and from a barbarous, though not absurd policy, ordered them to be + put to death.[****] + </p> +<pre xml:space="preserve"> + * Walsing. p. 50. Heming. vol. i p. 9. Trivet, p. 258. T + Wykes, p. 110. + + ** Heming. vol. i. p. 11. Trivet, p. 257. Ann. Waverl. p. + 235. + + *** Heming. vol. i. p. 12. Trivet, p. 269. Ann Waverl. p. + 288 T Wykes, p. 111. M. West. p. 411. + + **** Sir J. Wynne, p. 15. crown; and henceforth gives a + title to the eldest son of the kings of England. +</pre> + <p> + There prevails a vulgar story, which, as it well suits the capacity of the + monkish writers, is carefully recorded by them; that Edward, assembling + the Welsh, promised to give them a prince of unexceptionable manners, a + Welshman by birth, and one who could speak no other language. On their + acclamations of joy, and promise of obedience, he invested in the + principality his second son, Edward, then an infant, who had been born at + Carnarvon. The death of his eldest son Alphonso, soon after, made young + Edward heir of the monarchy; the principality of Wales was fully annexed. + </p> + <p> + <a name="linkimage-0003" id="linkimage-0003"> + <!-- IMG --></a> <a href="images/1_178_carnaryon.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_178_carnaryon_th.jpg" title="Carnarvon Castle" + alt="1_178_carnaryon.jpg Carnarvon Castle " width="100%" /><br /> + </div> + <p class="side"> + 1286. + </p> + <p> + The settlement of Wales appeared so complete to Edward, that in less than + two years after, he went abroad, in order to make peace between Alphonso, + king of Arragon, and Philip the Fair, who had lately succeeded his father, + Philip the Hardy, on the throne of France.[*] The difference between these + two princes had arisen about the kingdom of Sicily, which the pope, after + his hopes from England failed him, had bestowed on Charles, brother to St. + Lewis, and which was claimed upon other titles by Peter, king of Arragon, + father to Alphonso. Edward had powers from both princes to settle the + terms of peace, and he succeeded in his endeavors; but as the controversy + nowise regards England, we shall not enter into a detail of it. He staid + abroad above three years; and on his return found many disorders to have + prevailed, both from open violence and from the corruption of justice. + </p> + <p> + Thomas Chamberlain, a gentleman of some note, had assembled several of his + associates at Boston, in Lincolnshire, under pretence of holding a + tournament, an exercise practised by the gentry only; but in reality with + a view of plundering the rich fair of Boston, and robbing the merchants. + To facilitate his purpose, he privately set fire to the town; and while + the inhabitants were employed in quenching the flames, the conspirators + broke into the booths, and carried off the goods. Chamberlain himself was + detected and hanged; but maintained so steadily the point of honor to his + accomplices, that he could not be prevailed on, by offers or promises, to + discover any of them. Many other instances of robbery and violence broke + out in all parts of England; though the singular circumstances attending + this conspiracy have made it alone be particularly recorded by + historians.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 149,150, 174. + + ** Heming vol. i. p. 16, 17. +</pre> + <p class="side"> + 1289. + </p> + <p> + But the corruption of the judges, by which the fountains of justice were + poisoned, seemed of still more dangerous consequence. Edward, in order to + remedy this prevailing abuse, summoned a parliament, and brought the + judges to a trial; where all of them, except two, who were clergymen, were + convicted of this flagrant iniquity, were fined, and deposed. The amount + of the fines levied upon them is alone a sufficient proof of their guilt; + being above one hundred thousand marks, an immense sum in those days, and + sufficient to defray the charges of an expensive war between two great + kingdoms. The king afterwards made all the new judges swear that they + would take no bribes; but his expedient of deposing and fining the old + ones, was the more effectual remedy. + </p> + <p> + We now come to give an account of the state of affairs in Scotland, which + gave rise to the most interesting transactions of this reign, and of some + of the subsequent; though the intercourse of that kingdom with England, + either in peace or war, had hitherto produced so few events of moment, + that, to avoid tediousness, we have omitted many of them, and have been + very concise in relating the rest. If the Scots had, before this period, + any real history worthy of the name, except what they glean from scattered + passages in the English historians, those events, however minute, yet + being the only foreign transactions of the nation, might deserve a place + in it. + </p> + <p> + Though the government of Scotland had been continually exposed to those + factions and convulsions which are incident to all barbarous and to many + civilized nations; and though the successions of their kings, the only + part of their history which deserves any credit had often been disordered + by irregularities and usurpations; the true heir of the royal family had + still in the end prevailed, and Alexander III., who had espoused the + sister of Edward, probably inherited, after a period of about eight + hundred years, and through a succession of males, the sceptre of all the + Scottish princes who had governed the nation since its first establishment + in the island. This prince died in 1286, by a fall from his horse at + Kinghorn,[*] without leaving any male issue, and without any descendant, + except Margaret, born of Eric, king of Norway, and of Margaret, daughter + of the Scottish monarch. This princess, commonly called the Maid of + Norway, though a female, and an infant, and a foreigner, yet being the + lawful heir of the kingdom, had, through her grandfather's care, been + recognized successor by the states of Scotland;[**] and on Alexander's + death, the dispositions which had been previously made against that event, + appeared so just and prudent, that no disorders, as might naturally be + apprehended, ensued in the kingdom. + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 29. Trivet, p. 267. + + ** Rymer, vol. ii. p. 266. +</pre> + <p> + Margaret was acknowledged queen of Scotland; five guardians, the bishops + of St. Andrews and Glasgow, the earls of Fife and Buchan, and James, + steward of Scotland, entered peaceably upon the administration; and the + infant princess, under the protection of Edward, her great uncle, and + Eric, her father, who exerted themselves on this occasion, seemed firmly + seated on the throne of Scotland. The English monarch was naturally led to + build mighty projects on this incident; and having lately, by force of + arms, brought Wales under subjection, he attempted, by the marriage of + Margaret with his eldest son, Edward, to unite the whole island into one + monarchy, and thereby to give it security both against domestic + convulsions and foreign invasions. + </p> + <p class="side"> + 1290. + </p> + <p> + The amity which had of late prevailed between the two nations, and which, + even in former times, had never been interrupted by any violent wars or + injuries, facilitated extremely the execution of this project, so + favorable to the happiness and grandeur of both kingdoms; and the states + of Scotland readily gave their assent to the English proposals, and even + agreed that their young sovereign should be educated in the court of + Edward. Anxious, however, for the liberty and independency of their + country, they took care to stipulate very equitable conditions, ere they + intrusted themselves into the hands of so great and so ambitious a + monarch. It was agreed that they should enjoy all their ancient laws, + liberties, and customs; that in case young Edward and Margaret should die + without issue, the crown of Scotland should revert to the next heir, and + should be inherited by him free and independent; that the military tenants + of the crown should never be obliged to go out of Scotland, in order to do + homage to the sovereign of the united kingdoms, nor the chapters of + cathedral, collegiate, or conventual churches, in order to make elections; + that the parliaments summoned for Scottish affairs should always be held + within the bounds of that kingdom; and that Edward should bind himself, + under the penalty of one hundred thousand marks, payable to the pope for + the use of the holy wars to observe all these articles.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 482. +</pre> + <p> + It is not easy to conceive that two nations could have treated more on a + footing of equality than Scotland and England maintained during the whole + course of this transaction; and though Edward gave his assent to the + article concerning the future independency of the Scottish crown, with a + "saving of his former rights," this reserve gave no alarm to the nobility + of Scotland, both because these rights, having hitherto been little heard + of had occasioned no disturbance, and because the Scots had so near a + prospect of seeing them entirely absorbed in the rights of their + sovereignty. + </p> + <p class="side"> + 1291. + </p> + <p> + But this project, so happily formed and so amicably conducted, failed of + success, by the sudden death of the Norwegian princess, who expired on her + passage to Scotland,[*] and left a very dismal prospect to the kingdom. + Though disorders were for the present obviated by the authority of the + regency formerly established, the succession itself of the crown was now + become an object of dispute; and the regents could not expect that a + controversy, which is not usually decided by reason and argument alone, + would be peaceably settled by them, or even by the states of the kingdom, + amidst so many powerful pretenders. The posterity of William, king of + Scotland, the prince taken prisoner by Henry II., being all extinct by the + death of Margaret of Norway, the right to the crown devolved on the issue + of David, earl of Huntingdon brother to William, whose male line being + also extinct, left the succession open to the posterity of his daughters. + The earl of Huntingdon had three daughters; Margaret, married to Alan, + lord of Galloway, Isabella, wife of Robert Brus or Bruce lord of + Annandale, and Adama, who espoused Henry, Lord Hastings. Margaret, the + eldest of the sisters, left one daughter, Devergilda, married to John + Baliol, by whom she had a son of the same name, one of the present + competitors for the crown: Isabella II. bore a son, Robert Bruce, who was + now alive, and who also insisted on his claim: Adama III. left a son, John + Hastings, who pretended that the kingdom of Scotland, like many other + inheritances, was divisible among the three daughters of the earl of + Huntingdon, and that he, in right of his mother, had a title to a third of + it. Baliol and Bruce united against Hastings, in maintaining that, the + kingdom was indivisible; but each of them, supported by plausible reasons, + asserted the preference of his own title. Baliol was sprung from the elder + branch: Bruce was one degree nearer the common stock: if the principle of + representation was regarded, the former had the better claim: if + propinquity was considered, the latter was entitled to the preference.[**] + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 30. Trivet, p. 268 + + ** Heming. vol. i. p. 36. +</pre> + <p> + The sentiments of men were divided: all the nobility had taken part on one + side or the other: the people followed implicitly their leaders: the two + claimants themselves had great power and numerous retainers in Scotland: + and it is no wonder that, among a rude people, more accustomed to arms + than inured to laws, a controversy of this nature, which could not be + decided by any former precedent among them, and which is capable of + exciting commotions in the most legal and best established governments, + should threaten the state with the most fatal convulsions. + </p> + <p> + Each century has its peculiar mode in conducting business; and men, guided + more by custom than by reason, follow, without inquiry, the manners which + are prevalent in their own time. The practice of that age in controversies + between states and princes, seems to have been to choose a foreign prince + as an equal arbiter, by whom the question was decided, and whose sentence + prevented those dismal confusions and disorders, inseparable at all times + from war, but which were multiplied a hundred fold, and dispersed into + every corner, by the nature of the feudal governments. It was thus that + the English king and barons, in the preceding reign, had endeavored to + compose their dissensions by a reference to the king of France; and the + celebrated integrity of that monarch had prevented all the bad effects + which might naturally have been dreaded from so perilous an expedient. It + was thus that the kings of France and Arragon, and afterwards other + princes, had submitted their controversies to Edward's judgment; and the + remoteness of their states, the great power of the princes, and the little + interest which he had on either side, had induced him to acquit himself + with honor in his decisions. The parliament of Scotland, therefore, + threatened with a furious civil war, and allured by the great reputation + of the English monarch, as well as by the present amicable correspondence + between the kingdoms, agreed in making a reference to Edward; and Fraser, + bishop of St. Andrews, with other deputies, was sent to notify to him + their resolution, and to claim his good offices in the present dangers to + which they were exposed.[*] + </p> +<pre xml:space="preserve"> + * Heming, vol. i. p. 31. +</pre> + <p> + His inclination, they flattered themselves, led him to prevent their + dissensions, and to interpose with a power which none of the competitors + would dare to withstand: when this expedient was proposed by one party, + the other deemed it dangerous to object to it: indifferent persons thought + that the imminent perils of a civil war would thereby be prevented; and no + one reflected on the ambitious character of Edward, and the almost certain + ruin which must attend a small state divided by faction, when it thus + implicitly submits itself to the will of so powerful and encroaching a + neighbor. + </p> + <p> + The temptation was too strong for the virtue of the English monarch to + resist. He purposed to lay hold of the present favorable opportunity, and + if not to create, at least to revive, his claim of a feudal superiority + over Scotland; a claim which had hitherto lain in the deepest obscurity, + and which, if ever it had been an object of attention, or had been so much + as suspected, would have effectually prevented the Scottish barons from + choosing him for an umpire. He well knew that, if this pretension were + once submitted to, as it seemed difficult in the present situation of + Scotland to oppose it, the absolute sovereignty of that kingdom (which had + been the case with Wales) would soon follow; and that one great vassal, + cooped up in an island with his liege lord, without resource from foreign + powers, without aid from any fellow-vassals, could not long maintain his + dominions against the efforts of a mighty kingdom, assisted by all the + cavils which the feudal law afforded his superior against him. In pursuit + of this great object, very advantageous to England, perhaps in the end no + less beneficial to Scotland, but extremely unjust and iniquitous in + itself, Edward busied himself in searching for proofs of his pretended + superiority; and, instead of looking into his own archives, which, if his + claim had been real, must have afforded him numerous records of the + homages done by the Scottish princes, and could alone yield him any + authentic testimony, he made all the monasteries be ransacked for old + chronicles and histories written by Englishmen, and he collected all the + passages which seemed anywise to favor his pretensions.[*] Yet even in + this method of proceeding, which must have discovered to himself the + injustice of his claim, he was far from being fortunate. He began his + proofs from the time of Edward the Elder, and continued them through all + the subsequent Saxon and Norman times; but produced nothing to his + purpose.[**] + </p> +<pre xml:space="preserve"> + * Walsing. p. 55. + + ** Rymer, vol. ii. p, 559. +</pre> + <p> + The whole amount of his authorities during the Saxon period, when stripped + of the bombast and inaccurate style of the monkish historians, is, that + the Scots had sometimes been defeated by the English, had received peace + on disadvantageous terms, had made submissions to the English monarch, and + had even perhaps fallen into some dependence on a power which was so much + superior, and which they had not at that time sufficient force to resist. + His authorities from the Norman period were, if possible, still less + conclusive: the historians indeed make frequent mention of homage done by + the northern potentate; but no one of them says that it was done for his + kingdom; and several of them declare, in express terms that it was + relative only to the fiefs which he enjoyed south of the Tweed;[*] in the + same manner, as the king of England himself swore fealty to the French + monarch, for the fiefs which he inherited in France. And to such + scandalous shifts was Edward reduced, that he quotes a passage from + Hoveden[**] where it is asserted that a Scottish king had done homage to + England; but he purposely omits the latter part of the sentence, which + expresses that this prince did homage for the lands which he held in + England. + </p> + <p> + When William, king of Scotland, was taken prisoner in the battle of + Alnwick, he was obliged, for the recovery of his liberty, to swear fealty + to the victor for his crown itself. The deed was performed according to + all the rites of the feudal law: the record was preserved in the English + archives, and is mentioned by all the historians: but as it is the only + one of the kind, and as historians speak of this superiority as a great + acquisition gained by the fortunate arms of Henry II.,[***] there can + remain no doubt that the kingdom of Scotland was, in all former periods, + entirely free and independent. Its subjection continued a very few years: + King Richard, desirous, before his departure for the Holy Land, to + conciliate the friendship of William, renounced that homage, which, he + says in express terms, had been extorted by his father; and he only + retained the usual homage which had been done by the Scottish princes for + the lands which they held in England. + </p> +<pre xml:space="preserve"> + * Hoveden, p. 492, 662. M. Paris, p. 109. M. West. p. 256. + + ** Page 662. + + *** Neubr. lib. ii. cap. 4. Knyghton, p. 2392. +</pre> + <p> + But though this transaction rendered the independence of Scotland still + more unquestionable, than if no fealty had ever been sworn to the English + crown, the Scottish kings, apprised of the point aimed at by their + powerful neighbors, seem for a long time to have retained some jealousy on + that head, and, in doing homage, to have anxiously obviated all such + pretensions. When William, in 1200, did homage to John at Lincoln, he was + careful to insert a salvo for his royal dignity;[*] when Alexander III. + sent assistance to his father-in-law, Henry III., during the wars of the + barons, he previously procured an acknowledgment, that this aid was + granted only from friendship, not from any right claimed by the English + monarch;[**] and when that same prince was invited to assist at the + coronation of this very Edward, he declined attendance till he received a + like acknowledgment.[***] <a href="#linknote-1" name="linknoteref-1" + id="linknoteref-1">1</a> + </p> + <p> + But as all these reasons (and stronger could not be produced) were but a + feeble rampart against the power of the sword, Edward, carrying with him a + great army, which was to enforce his proofs, advanced to the frontiers, + and invited the Scottish parliament, and all the competitors, to attend + him in the Castle of Norham, a place situated on the southern banks of the + Tweed, in order to determine the cause which had been referred to his + arbitration. But though this deference seemed due to so great a monarch, + and was no more than what his father and the English barons had, in + similar circumstances, paid to Lewis IX., the king, careful not to give + umbrage, and determined never to produce his claim till it should be too + late to think of opposition, sent the Scottish barons an acknowledgment, + that, though at that time they passed the frontiers, this step should + never be drawn into precedent, or afford the English kings a pretence for + exacting a like submission in any future transaction.[****] When the whole + Scottish nation had thus unwarily put themselves in his power, Edward + opened the conferences at Norham: he informed the parliament, by the mouth + of Roger le Brabançon, his chief justiciary, that he was come thither to + determine the right among the competitors to their crown; that he was + determined to do strict justice to all parties; and that he was entitled + to this authority, not in virtue of the reference made to him, but in + quality of superior and liege lord of the kingdom.[*****] <a + href="#linknote-2" name="linknoteref-2" id="linknoteref-2">2</a> + </p> +<pre xml:space="preserve"> + * Hoveden, p. 811. + + ** Rymer, vol. ii p 844. + + *** See note A. at the end of the volume. + + **** Rymer, vol. ii. p. 539, 845. Walsing. p. 58. + +</pre> + <p> + He then produced his proofs of this superiority, which he pretended to be + unquestionable, and he required of them an acknowledgment of it; a demand + which was superfluous if the fact were already known and avowed, and which + plainly betrays Edward's consciousness of his lame and defective title. + The Scottish parliament was astonished at so new a pretension, and + answered only by their silence. But the king, in order to maintain the + appearance of free and regular proceedings, desired them to remove into + their own country, to deliberate upon his claim, to examine his proofs, to + propose all their objections, and to inform him of their resolution; and + he appointed a plain at Upsettleton, on the northern banks of the Tweed, + for that purpose. + </p> + <p> + When the Scottish barons assembled in this place, though moved with + indignation at the injustice of this unexpected claim, and at the fraud + with which it had been conducted, they found themselves betrayed into a + situation in which it was impossible for them to make any defence for the + ancient liberty and independence of their country. The king of England, a + martial and politic prince, at the head of a powerful army, lay at a very + small distance, and was only separated from them by a river fordable in + many places. Though, by a sudden flight, some of them might themselves be, + able to make their escape, what hopes could they entertain of securing the + kingdom against his future enterprises? Without a head, without union + among themselves, attached all of them to different competitors, whose + title they had rashly submitted to the decision of this foreign usurper, + and who were thereby reduced to an absolute dependence upon him, they + could only expect by resistance to entail on themselves and their + posterity a more grievous and more destructive servitude. Yet even in this + desperate state of their affairs the Scottish barons, as we learn from + Walsingham,[*] one of the best historians of that period, had the courage + to reply that, till they had a king, they could take no resolution on so + momentous a point: the journal of King Edward says, that they made no + answer at all;[**] that is, perhaps, no particular answer or objection to + Edward's claim: and by this solution it is possible to reconcile the + journal with the historian. The king, therefore, interpreting their + silence as consent, addressed himself to the several competitors. + </p> +<pre xml:space="preserve"> + * Page 56. M. West. p. 436. It is said by Hemingford, vol. + i, p. 33, that the king menaced violently the Scotch barons, + and forced them to compliance, at least to silence. + + ** Rymer, vol. ii. p. 548. previously to his pronouncing + sentence, required their acknowledgment of his superiority. +</pre> + <p> + It is evident from the genealogy of the royal family of Scotland, that + there could only be two questions about the succession—that between + Baliol and Bruce on the one hand, and Lord Hastings on the other, + concerning the partition of the crown: and that between Baliol and Bruce + themselves concerning the preference of their respective titles, supposing + the kingdom indivisible: yet there appeared on this occasion no less than + nine claimants besides; John Comyn or Cummin, lord of Badenoch, Florence, + earl of Holland, Patric Dunbar, earl of March, William de Vescey, Robert + de Pynkeni, Nicholas de Soules, Patric Galythly, Roger de Mandeville, + Robert de Ross; not to mention the king of Norway, who claimed as heir to + his daughter Margaret.[*] Some of these competitors were descended from + more remote branches of the royal family; others were even sprung from + illegitimate children; and as none of them had the least pretence of + right, it is natural to conjecture that Edward had secretly encouraged + them to appear in the list of claimants, that he might sow the more + division among the Scottish nobility, make the cause appear the more + intricate, and be able to choose, among a great number, the most + obsequious candidate. + </p> + <p> + But he found them all equally obsequious on this occasion.[**] Robert + Bruce was the first that acknowledged Edward's right of superiority over + Scotland; and he had so far foreseen the king's pretensions, that even in + his petition, where he set forth his claim to the crown, he had previously + applied to him as liege lord of the kingdom; a step which was not taken by + any of the other competitors.[***] They all, however, with seeming + willingness, made a like acknowledgment when required; though Baliol, lest + he should give offence to the Scottish nation, had taken care to be absent + during the first days; and he was the last that recognized the king's + title.[****] + </p> +<pre xml:space="preserve"> + * Walsing. p. 58. + + ** Rymer, vol. ii. p. 529, 545. Walsing. p. 56. Heming. + vol. i. 33, 34. Trivet, p. 260. M. West. p. 415. + + *** Rymer, vol. ii. p. 577, 578, 579. + + **** Rymer, vol. ii. p. 546. +</pre> + <p> + Edward next deliberated concerning the method of proceeding in the + discussion of this great controversy. He gave orders that Baliol, and such + of the competitors as adhered to him should choose forty commissioners; + Bruce and his adherents forty more: to these the king added twenty-four + Englishmen: he ordered these hundred and four commissioners to examine the + cause deliberately among themselves, and make their report to him:[*] and + he promised in the ensuing year to give his determination. Meanwhile he + pretended that it was requisite to have all the fortresses of Scotland + delivered into his hands, in order to enable him, without opposition, to + put the true heir in possession of the crown; and this exorbitant demand + was complied with, both by the states and by the claimants.[**] The + governors also of all the castles immediately resigned their command; + except Umfreville, earl of Angus, who refused, without a formal and + particular acquittal from the parliament and the several claimants, to + surrender his fortresses to so domineering an arbiter, who had given to + Scotland so many just reasons of suspicion.[***] Before this assembly + broke up, which had fixed such a mark of dishonor on the nation, all the + prelates and barons there present swore fealty to Edward; and that prince + appointed commissioners to receive a like oath from all the other barons + and persons of distinction in Scotland.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 555, 556. + + ** Rymer, vol. ii. p. 529. Walsing. p. 56, 57. + + *** Rymer, vol. ii. p. 531. + + **** Rymer, vol. ii p. 573. +</pre> + <p> + The king, having finally made, as he imagined, this important acquisition, + left the commissioners to sit at Berwick, and examine the titles of the + several competitors who claimed the precarious crown, which Edward was + willing for some time to allow the lawful heir to enjoy. He went + southwards, both in order to assist at the funeral of his mother, Queen + Eleanor, who died about this time, and to compose some differences which + had arisen among his principal nobility. Gilbert, earl of Glocester, the + greatest baron of the kingdom, had espoused the king's daughter; and being + elated by that alliance, and still more by his own power, which, he + thought, set him above the laws, he permitted his bailiffs and vassals to + commit violence on the lands of Humphrey Bohun, earl of Hereford, who + retaliated the injury by like violence. But this was not a reign in which + such illegal proceedings could pass with impunity. Edward procured a + sentence against the two earls, committed them both to prison, and would + not restore them to their liberty, till he had exacted a fine of one + thousand marks from Hereford, and one of ten thousand from his son-in-law. + </p> + <p class="side"> + 1292. + </p> + <p> + During this interval, the titles of John Baliol and of Robert Bruce, whose + claims appeared to be the best founded among the competitors for the crown + of Scotland, were the subject of general disquisition, as well as of + debate among the commissioners. Edward, in order to give greater authority + to his intended decision, proposed this general question both to the + commissioners and to all the celebrated lawyers in Europe, "Whether a + person descended from the elder sister, but farther removed by one degree, + were preferable, in the succession of kingdoms, fiefs, and other + indivisible inheritances, to one descended from the younger sister, but + one degree nearer to the common stock?" This was the true state of the + case; and the principle of representation had now gained such ground every + where, that a uniform answer was returned to the king in the affirmative. + He therefore pronounced sentence in favor of Balioi; and when Bruce, upon + this disappointment, joined afterwards Lord Hastings, and claimed a third + of the kingdom, which he now pretended to be divisible, Edward, though his + interests seemed more to require the partition of Scotland, again + pronounced sentence in favor of Baliol. That competitor, upon renewing his + oath of fealty to England, was put in possession of the kingdom;[*] all + his fortresses were restored to him;[**] and the conduct of Edward, both + in the deliberate solemnity of the proceedings, and in the justice of the + award, was so far unexceptionable. + </p> + <p class="side"> + 1293. + </p> + <p> + Had the king entertained no other view than that of establishing his + superiority over Scotland, though the iniquity of that claim was apparent, + and was aggravated by the most egregious breach of trust, he might have + fixed his pretensions, and have left that important acquisition to his + posterity: but he immediately proceeded in such a manner as made it + evident that, not content with this usurpation, he aimed also at the + absolute sovereignty and dominion of the kingdom. Instead of gradually + inuring the Scots to the yoke, and exerting his rights of superiority with + moderation, he encouraged all appeals to England; required King John + himself, by six different summons on trivial occasions, to come to + London;[***] refused him the privilege of defending his cause by a + procurator; and obliged him to appear at the bar of his parliament as a + private person.[****] + </p> +<pre xml:space="preserve"> + * Rymer vol. ii. p. 590, 591, 593, 600. + + ** Rymer, voL ii p. 599. + + *** Rymer, p. 603, 605, 606, 608, 615, 616. + + **** Ryley's Placit. Parl. p. 152, 153. +</pre> + <p> + These humiliating demands were hitherto quite unknown to a king of + Scotland: they are, however, the necessary consequence of vassalage by the + feudal law; and as there was no preceding instance of such treatment + submitted to by a prince of that country, Edward must, from that + circumstance alone, had there remained any doubt, have been himself + convinced that his claim was altogether a usurpation.[*] <a + href="#linknote-3" name="linknoteref-3" id="linknoteref-3">3</a> But his + intention plainly was to enrage Baliol by these indignities, to engage him + in rebellion, and to assume the dominion of the state as the punishment of + his treason and felony. Accordingly Baliol, though a prince of a soft and + gentle spirit, returned into Scotland highly provoked at this usage, and + determined at all hazards to vindicate his liberty; and the war which soon + after broke out between France and England, gave him a favorable + opportunity of executing his purpose. + </p> + <p> + The violence, robberies, and disorders, to which that age was so subject, + were not confined to the licentious barons and their retainers at land: + the sea was equally infested with piracy: the feeble execution of the laws + had given license to all orders of men: and a general appetite for rapine + and revenge, supported by a false point of honor, had also infected the + merchants and mariners; and it pushed them, on any provocation, to seek + redress by immediate retaliation upon the aggressors. A Norman and an + English vessel met off the coast near Bayonne; and both of them having + occasion for water, they sent their boats to land, and the several crews + came at the same time to the same spring: there ensued a quarrel for the + preference: a Norman, drawing his dagger, attempted to stab an Englishman; + who, grappling with him, threw his adversary on the ground; and the + Norman, as was pretended, falling on his own dagger, was slain.[**] This + scuffle between two seamen about water, soon kindled a bloody war between + the two nations, and involved a great part of Europe in the quarrel. The + mariners of the Norman ship carried their complaints to the French king: + Philip, without inquiring into the fact, without demanding redress, bade + them take revenge, and trouble him no more about the matter.[***] + </p> +<pre xml:space="preserve"> + * See note C, at the end of the volume. + + ** Walsing. p. 58. Heming. vol. i. p. 39. + + *** Walsing. p. 59. +</pre> + <p> + The Normans, who had been more regular than usual in applying to the + crown, needed but this hint to proceed to immediate violence. They seized + an English ship in the channel; and hanging, along with some dogs, several + of the crew on the yard-arm, in presence of their companions, dismissed + the vessel; [*] and bade the mariners inform their countrymen that + vengeance was now taken for the blood of the Norman killed at Bayonne. + This injury, accompanied with so general and deliberate an insult, was + resented by the mariners of the cinque ports, who, without carrying any + complaint to the king, or waiting for redress, retaliated by committing + like barbarities on all French vessels without distinction. The French, + provoked by their losses, preyed on the ships of all Edward's subjects, + whether English or Gascon: the sea became a scene of piracy between the + nations: the sovereigns, without either seconding or repressing the + violence of their subjects, seemed to remain indifferent spectators: the + English made private associations with the Irish and Dutch seamen; the + French with the Flemish and Genoese;[**] and the animosities of the people + on both sides became every day more violent and barbarous. A fleet of two + hundred Norman vessels set sail to the south for wine and other + commodities; and in their passage seized all the English ships which they + met with, hanged the seamen, and seized the goods. The inhabitants of the + English seaports, informed of this incident, fitted out a fleet of sixty + sail, stronger and better manned than the others, and awaited the enemy on + their return. After an obstinate battle, they put them to rout, and sunk, + destroyed, or took the greater part of them.[***] No quarter was given; + and it is pretended that the loss of the French amounted to fifteen + thousand men; which is accounted for by this circumstance, that the Norman + fleet was employed in transporting a considerable body of soldiers from + the south. + </p> + <p> + The affair was now become too important to be any longer overlooked by the + sovereigns. On Philip's sending an envoy to demand reparation and + restitution, the king despatched the bishop of London to the French court, + in order to accommodate the quarrel. He first said, that the English + courts of justice were open to all men; and if any Frenchman were injured, + he might seek reparation by course of law.[****] + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 40. M. West. p. 419. + + ** Heming. vol. i. p. 40. + + *** Walsing. p. 60. Trivet, p 274. Chron. Dunst vol. ii. p + 609. + + **** Trivet, p. 275. +</pre> + <p> + He next offered to adjust the matter by private arbiters, or by a personal + interview with the king of France, or by a reference either to the pope, + or the college of cardinals, or any particular cardinals, agreed on by + both parties.[*] The French, probably the more disgusted, as they were + hitherto losers in the quarrel, refused all these expedients: the vessels + and the goods of merchants were confiscated on both sides: depredations + were continued by the Gascons on the western coast of France, as well as + by the English in the Channel: Philip cited the king, as duke of Guienne, + to appear in his court at Paris, and answer for these offences; and + Edward, apprehensive of danger to that province, sent John St. John, an + experienced soldier, to Bordeaux, and gave him directions to put Guienne + in a posture of defence.[**] + </p> + <p class="side"> + 1294. + </p> + <p> + That he might, however, prevent a final rupture between the nations, the + king despatched his brother, Edmond, earl of Lancaster, to Paris; and as + this prince had espoused the queen of Navarre, mother to Jane, queen of + France, he seemed, on account of that alliance, the most proper person for + finding expedients to accommodate the difference. Jane pretended to + interpose with her good offices: Mary, the queen dowager, feigned the same + amicable disposition: and these two princesses told Edmond, that the + circumstance the most difficult to adjust was the point of honor with + Philip, who thought himself affronted by the injuries committed against + him by his sub-vassals in Guienne; but if Edward would once consent to + give him seizin and possession of that province, he would think his honor + fully repaired, would engage to restore Guienne immediately, and would + accept of a very easy satisfaction for all the other injuries. The king + was consulted on the occasion; and as he then found himself in immediate + danger of war with the Scots, which he regarded as the more important + concern, this politic prince, blinded by his favorite passion for subduing + that nation, allowed himself to be deceived by so gross an artifice.[***] + He sent his brother orders to sign and execute the treaty with the two + queens; Philip solemnly promised to execute his part of it; and the king's + citation to appear in the court of France, was accordingly recalled; but + the French monarch was no sooner put in possession of Guienne, than the + citation was renewed; Edward was condemned for non-appearance; and + Guienne, by a formal sentence, was declared to be forfeited and annexed to + the crown.[****] + </p> +<pre xml:space="preserve"> + * Trivet, p. 275. + + ** Trivet, p. 276. + + *** Rymer, vol. ii. p. 619, 620. Walsing. p. 61. Heming. vol. + i p. 42, 43. Trivet, p. 277. + + **** Rymer vol. ii p. 620, 622. Walsing. p. 61. Trivet, p. 278. +</pre> + <p> + Edward, fallen into a like snare with that which he himself had spread for + the Scots, was enraged; and the more so, as he was justly ashamed of his + own conduct, in being so egregiously overreached by the court of France. + Sensible of the extreme difficulties which he should encounter in the + recovery of Gascony, where he had not retained a single place in his + hands, he endeavored to compensate that loss by forming alliances with + several princes, who, he projected, should attack France on all quarters, + and make a diversion of her forces. Adolphus de Nassau, king of the + Romans, entered into a treaty with him for that purpose;[*] as did also + Amadæus, count of Savoy, the archbishop of Cologne, the counts of Gueldre + and Luxembourg; the duke of Brabant and count of Barre, who had married + his two daughters, Margaret and Eleanor: but these alliances were + extremely burdensome to his narrow revenues, and proved in the issue + entirely ineffectual. More impression was made on Guienne by an English + army, which he completed by emptying the jails of many thousand thieves + and robbers, who had been confined there for their crimes. So low had the + profession of arms fallen, and so much had it degenerated from the + estimation in which it stood during the vigor of the feudal system! + </p> + <p class="side"> + 1295. + </p> + <p> + The king himself was detained in England, first by contrary winds,[**] + then by his apprehensions of a Scottish invasion, and by a rebellion of + the Welsh, whom he repressed and brought again under subjection.[***] The + army which he sent to Guienne, was commanded by his nephew, John de + Bretagne, earl of Richmond, and under him by St. John, Tibetot, De Vere, + and other officers of reputation;[****] who made themselves masters of the + town of Bayonne, as well as of Bourg, Blaye, Reole, St. Severe, and other + places, which straitened Bordeaux, and cut off its communication both by + sea and land. + </p> +<pre xml:space="preserve"> + * Heming. vol, i. p. 51. + + ** Chron. Dunst. vol. ii. p. 622. + + *** Walsing. p. 62. Heming. vol. i. p. 55. Trivet, p. 282. + Chron Dunst. vol. ii. p. 622. + + **** Trivet, p. 279. +</pre> + <p> + The favor which the Gascon nobility bore to the English government + facilitated these conquests, and seemed to promise still greater + successes; but this advantage was soon lost by the misconduct of some of + the officers. Philip's brother, Charles de Valois, who commanded the + French armies, having laid siege to Podensac, a small fortress near Reole, + obliged Giffard, the governor, to capitulate; and the articles though + favorable to the English, left all the Gascons prisoners at discretion, of + whom about fifty were hanged by Charles as rebels; a policy by which he + both intimidated that people, and produced an irreparable breach between + them and the English.[*] That prince immediately attacked Reole, where the + earl of Richmond himself commanded; and as the place seemed not tenable, + the English general drew his troops to the water side, with an intention + of embarking with the greater part of the army. The enraged Gascons fell + upon his rear, and at the same time opened their gates to the French, who, + besides making themselves masters of the place, took many prisoners of + distinction. St. Severe was more vigorously defended by Hugh de Vere, son + of the earl of Oxford; but was at last obliged to capitulate. The French + king, not content with these successes in Gascony, threatened England with + an invasion; and, by a sudden attempt, his troops took and burnt + Dover,[**] but were obliged soon after to retire. And in order to make a + greater diversion of the English force, and engage Edward in dangerous and + important wars, he formed a secret alliance with John Baliol, king of + Scotland; the commencement of that strict union which, during so many + centuries, was maintained, by mutual interests and necessities, between + the French and Scottish nations. John confirmed this alliance by + stipulating a marriage between his eldest son and the daughter of Charles + de Valois.[***] + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 49. + + ** Trivet, p. 284. Chron. Dunst. vol. ii. p. 642. + + *** Rymer, vol. ii. p. 680, 681, 695, 697. Heming. vol. i. p. + 76. Trivet, i, 285. +</pre> + <p> + The expenses attending these multiplied wars of Edward, and his + preparations for war, joined to alterations which had insensibly taken + place in the general state of affairs, obliged him to have frequent + recourse to parliamentary supplies, introduced the lower orders of the + state into the public councils, and laid the foundations of great and + important changes in the government. + </p> + <p> + Though nothing could be worse calculated for cultivating the arts of + peace, or maintaining peace itself, than the long subordination of + vassalage from the king to the meanest gentleman, and the consequent + slavery of the lower people, evils inseparable from the feudal system, + that system was never able to fix the state in a proper warlike posture, + or give it the full exertion of its power for defence, and still less for + offence, against a public enemy. The military tenants, unacquainted with + obedience, unexperienced in war, held a rank in the troops by their birth, + not by their merits or services; composed a disorderly and consequently a + feeble army; and during the few days which they were obliged by their + tenures to remain in the field, were often more formidable to their own + prince than to foreign powers, against whom they were assembled. The + sovereigns came gradually to disuse this cumbersome and dangerous machine, + so apt to recoil upon the hand which held it; and exchanging the military + service for pecuniary supplies, enlisted forces by means of a contract + with particular officers, (such as those the Italians denominate + "condottieri,") whom they dismissed at the end of the war.[*] The barons + and knights themselves often entered into these engagements with the + prince; and were enabled to fill their bands, both by the authority which + they possessed over their vassals and tenants, and from the great numbers + of loose, disorderly people whom they found on their estates, and who + willingly embraced an opportunity of gratifying their appetite for war and + rapine. + </p> + <p> + Meanwhile the old Gothic fabric, being neglected, went gradually to decay. + Though the Conqueror had divided all the lands of England into sixty + thousand knights' fees, the number of these was insensibly diminished by + various artifices; and the king at last found that, by putting the law in + execution, he could assemble a small part only of the ancient force of the + kingdom. It was a usual expedient for men who held of the king or great + barons by military tenure, to transfer their land to the church, and + receive it back by another tenure, called frankalmoigne, by which they + were not bound to per form any service.[**] A law was made against this + practice; but the abuse had probably gone far before it was attended to, + and probably was not entirely corrected by the new statute, which, like + most laws of that age, we may conjecture to have been but feebly executed + by the magistrate against the perpetual interest of so many individuals. + The constable and mareschal, when they mustered the armies, often in a + hurry, and for want of better information, received the service of a baron + for fewer knights' fees than were due by him; and one precedent of this + kind was held good against the king, and became ever after a reason for + diminishing the service.[***] + </p> +<pre xml:space="preserve"> + * Cotton's Abr. p. 11. + + ** Madox, Baronia Anglica, p. 114. + + *** Madox, Bar. Ang. p 115. +</pre> + <p> + The rolls of knights' fees were inaccurately kept; no care was taken to + correct them before the armies were summoned into the field,[*] it was + then too late to think of examining records and charters; and the service + was accepted on the footing which the vassal himself was pleased to + acknowledge, after all the various subdivisions and conjunctions of + property had thrown an obscurity on the nature and extent of his + tenure.[**] It is easy to judge of the intricacies which would attend + disputes of this kind with individuals; when even the number of military + fees belonging to the church, whose property way fixed and unalienable, + became the subject of controversy; and we find in particular, that when + the bishop of Durham was charged with seventy knights' fees for the aid + levied on occasion of the marriage of Henry II.'s daughter to the duke of + Saxony, the prelate acknowledged ten, and disowned the other sixty.[***] + It is not known in what mariner this difference was terminated; but had + the question been concerning an armament to defend the kingdom, the + bishop's service would probably have been received without opposition for + ten fees; and this rate must also have fixed all his future payments. + Pecuniary scutages, therefore, diminished as much as military + services;[****] other methods of filling the exchequer, as well as the + armies, must be devised: new situations produced new laws and + institutions; and the great alterations in the finances and military power + of the crown, as well as in private property, were the source of equal + innovations in every part of the legislature or civil government. + </p> +<pre xml:space="preserve"> + * We hear only of one king, Henry II., who took this pains; + and the record, called Liber Niger Scaccarii, was the result + of it. + + ** Madox, Bar. Ang. p. 116. + + *** Madox, p. 122. Hist. of the Exch. p. 404. + + **** In order to pay the sum of one hundred thousand marks, as + King Richard's ransom, twenty shillings were imposed on each + knight's fee. Had the fees remained on the original footing, + as settled by the Conqueror, this scutage would have + amounted to ninety thousand marks, which was nearly the sum + required; but we find that other grievous taxes were imposed + to complete it; a certain proof that many frauds and abuses + had prevailed in the roll of knights fees. +</pre> + <p> + The exorbitant estates conferred by the Norman on his barons and + chieftains, remained not long entire and unimpaired. The landed property + was gradually shared out into more hands; and those immense baronies were + divided, either by provisions to younger children, by partitions among + co-heirs, by sale, or by escheating to the king, who gratified a great + number of his courtiers by dealing them out among them in smaller + portions. Such moderate estates, as they required economy, and confined + the proprietors to live at home, were better calculated for duration; and + the order of knights and small barons grew daily more numerous, and began + to form a very respectable rank or order in the state. As they were all + immediate vassals of the crown by military tenure, they were, by the + principles of the feudal law, equally entitled with the greatest barons to + a seat in the national or general councils; and this right, though + regarded as a privilege which the owners would not entirely relinquish, + was also considered as a burden which they desired to be subjected to on + extraordinary occasions only. Hence it was provided in the charter of King + John, that, while the great barons were summoned to the national council + by a particular writ, the small barons, under which appellation the + knights were also comprehended, should only be called by a general summons + of the sheriff. The distinction between great and small barons, like that + between rich and poor, was not exactly defined; but, agreeably to the + inaccurate genius of that age, and to the simplicity of ancient + government, was left very much to be determined by the discretion of the + king and his ministers. It was usual for the prince to require, by a + particular summons, the attendance of a baron in one parliament, and to + neglect him in future parliaments;[*] nor was this uncertainty ever + complained of as an injury. He attended when required: he was better + pleased on other occasions to be exempted from the burden: and as he was + acknowledged to be of the same order with the greatest barons, it gave + them no surprise to see him take his seat in the great council, whether he + appeared of his own accord, or by a particular summons from the king. The + barons by writ, therefore, began gradually to intermix themselves with the + barons by tenure; and, as Camden tells us,[**] from an ancient manuscript + now lost, that after the battle of Evesham, a positive law was enacted, + prohibiting every baron from appearing in parliament, who was not invited + thither by a particular summons, the whole baronage of England held + thenceforward their seat by writ, and this important privilege of their + tenures was in effect abolished. Only where writs had been regularly + continued for some time in one great family, the omission of them would + have been regarded as an affront, and even as an injury. + </p> +<pre xml:space="preserve"> + * Chancellor West's Inquiry into the Manner of creating + Peers p. 43, 46, 47, 55. + + ** In Britain. p 122. +</pre> + <p> + A like alteration gradually took place in the order of earls who were the + highest rank of barons. The dignity of an earl, like that of a baron, was + anciently territorial and official:[*] he exercised jurisdiction within + his county: he levied the third of the fines to his own profit: he was at + once a civil and a military magistrate: and though his authority, from the + time of the Norman conquest, was hereditary in England, the title was so + much connected with the office, that where the king intended to create a + new earl, he had no other expedient than to erect a certain territory into + a county or earldom, and to bestow it upon the person and his family.[**] + But as the sheriffs, who were the vicegerents of the earls, were named by + the king, and removable at pleasure, he found them more dependent upon + him; and endeavored to throw the whole authority and jurisdiction of the + office into their hands. This magistrate was at the head of the finances, + and levied all the king's rents within the county: he assessed at pleasure + the talliages of the inhabitants in royal demesne: he had usually + committed to him the management of wards, and often of escheats: he + presided in the lower courts of judicature: and thus, though inferior to + the earl in dignity, he was soon considered, by this union of the judicial + and fiscal powers, and by the confidence reposed in him by the king, as + much superior to him in authority, and undermined his influence within his + own jurisdiction.[***] It became usual, in creating an earl, to give him a + fixed salary, commonly about twenty pounds a year, in lieu of his third of + the fines: the diminution of his power kept pace with the retrenchment of + his profit: and the dignity of earl, instead of being territorial and + official, dwindled into personal and titular. Such were the mighty + alterations which already had fully taken place, or were gradually + advancing, in the house of peers; that is, in the parliament: for there + seems anciently to have been no other house. + </p> +<pre xml:space="preserve"> + * Spel. Gloss, in voce Comes. + + ** Essays on British Antiquities. This practice, however, + seems to have been more familiar in Scotland and the + kingdoms on the continent, than in England. + + *** There are instances of princes of the blood who accepted + of the office of sheriff. Spel. in voce Vicecomes. +</pre> + <p> + But though the introduction of barons by writ, and of titular earls, had + given some increase to royal authority, there were other causes which + counterbalanced those innovations, and tended in a higher degree to + diminish the power of the sovereign. The disuse into which the feudal + militia had in a great measure fallen made the barons almost entirely + forget their dependence on the crown: by the diminution of the number of + knights' fees the king had no reasonable compensation when he levied + scutages, and exchanged their service for money: the alienations of the + crown lands had reduced him to poverty: and above all, the concession of + the Great Charter had set bounds to royal power, and had rendered it more + difficult and dangerous for the prince to exert any extraordinary act of + arbitrary authority. In this situation it was natural for the king to + court the friendship of the lesser barons and knights, whose influence was + no ways dangerous to him, and who, being exposed to oppression from their + powerful neighbors, sought a legal protection under the shadow of the + throne. He desired, therefore, to have their presence in parliament, where + they served to control the turbulent resolutions of the great. To exact a + regular attendance of the whole body would have produced confusion, and + would have imposed too heavy a burden upon them. To summon only a few by + writ, though it was practised and had a good effect, served not entirely + the king's purpose; because these members had no further authority than + attended their personal character, and were eclipsed by the appearance of + the more powerful nobility, He therefore dispensed with the attendance of + most of the lesser barons in parliament; and in return for this indulgence + (for such it was then esteemed) required them to choose in each county a + certain number of their own body, whose charges they bore, and who, having + gained the confidence, carried with them, of course, the authority of the + whole order. This expedient had been practised at different times in the + reign of Henry III.,[*] and regularly during that of the present king. The + numbers sent up by each county varied at the will of the prince:[**] they + took their seat among the other peers; because by their tenure they + belonged to that order:[***] the introducing of them into that house + scarcely appeared an innovation: and though it was easily in the king's + power, by varying their number, to command the resolutions of the whole + parliament this circumstance was little attended to in an age when force + was more prevalent than laws, and when a resolution, though taken by the + majority of a legal assembly, could not be executed, if it opposed the + will of the more powerful minority. + </p> +<pre xml:space="preserve"> + *Rot. Glaus. 38. Hen. III. pp. 7. and 12. d.; as also Ret. + Claus 12 Hen. III. m. 1. d. Prynne's Pref. to Cotton's + Abridgment. + + ** Brady's Answer to Petyt, from the records, p 151. + + *** Brady's Treatise of Boroughs, App. No. 13. +</pre> + <p> + But there were other important consequences, which followed the diminution + and consequent disuse of the ancient feudal militia. The king's expense in + levying and maintaining a military force for every enterprise, was + increased beyond what his narrow revenues were able to bear: as the + scutages of his military tenants, which were accepted in lieu of their + personal service, had fallen to nothing, there were no means of supply but + from voluntary aids granted him by the parliament and clergy, or from the + talliages which he might levy upon the towns and inhabitants in royal + demesne. In the preceding year, Edward had been obliged to exact no less + than the sixth of all movables from the laity, and a moiety of all + ecclesiastical benefices[*] for his expedition into Poictou, and the + suppression of the Welsh: and this distressful situation which was likely + often to return upon him and his successors, made him think of a new + device, and summon the representatives of all the boroughs to parliament. + This period, which is the twenty-third of his reign, seems to be the real + and true epoch of the house of commons, and the faint dawn of popular + government in England. For the representatives of the counties were only + deputies from the smaller barons and lesser nobility; and the former + precedent of representatives from the boroughs, who were summoned by the + earl of Leicester, was regarded as the act of a violent usurpation, had + beer, discontinued in all the subsequent parliaments; and if such a + measure had not become necessary on other accounts, that precedent was + more likely to blast than give credit to it. + </p> +<pre xml:space="preserve"> + * Brady's Treatise of Boroughs, p. 31, from the records. + Heming vol. i. p. 52. M. West. p. 422. Ryley, p. 462 +</pre> + <p> + During the course of several years, the kings of England, in imitation of + other European princes, had embraced the salutary policy of encouraging + and protecting the lower and more industrious orders of the state; whom + they found well disposed to obey the laws and civil magistrate, and whose + ingenuity and labor furnish commodities requisite for the ornament of + peace and support of war. Though the inhabitants of the country were still + left at the disposal of their imperious lords, many attempts were made to + give more security and liberty to citizens, and make them enjoy unmolested + the fruits of their industry. Boroughs were erected by royal patent within + the demesne lands; liberty of trade was conferred upon them; the + inhabitants were allowed to farm, at a fixed rent, their own tolls and + customs,[*] they were permitted to elect their own magistrates; justice + was administered to them by these magistrates, without obliging them to + attend the sheriff or county court: and some shadow of independence, by + means of these equitable privileges, was gradually acquired by the + people.[**] The king, however, retained still the power of levying + talliage or taxes upon them at pleasure;[***] and though their poverty and + the customs of the age made these demands neither frequent or exorbitant, + such unlimited authority in the sovereign was a sensible check upon + commerce, and was utterly incompatible with all the principles of a free + government. But when the multiplied necessities of the crown produced a + greater avidity for supply, the king, whose prerogative entitled him to + exact it, found that he had not power sufficient to enforce his edicts, + and that it was necessary, before he imposed taxes, to smooth the way for + his demand, and to obtain the previous consent of the boroughs, by + solicitations, remonstrances, and authority. The inconvenience of + transacting this business with every particular borough was soon felt; and + Edward became sensible, that the most expeditious way of obtaining supply, + was to assemble the deputies of all the boroughs, to lay before them the + necessities of the state, to discuss the matter in their presence, and to + require their consent to the demands of their sovereign, For this reason, + he issued writs to the sheriffs, enjoining them to send to parliament, + along with two knights of the shire two deputies from each borough within + their county,[****] and these provided with sufficient powers from their + community to consent, in their name, to what he and his council should + require of them. + </p> +<pre xml:space="preserve"> + * Madox, Firma Burgi, p. 21. + + ** Brady of Boroughs, App. No. I, 2, 3. + + *** The king had not only the power of talliating the + inhabitants within his own demosnes, but that of granting to + particular barons the power of talliating the inhabitants + within theirs. See Brady's Answer to Petyt, p. 118. Madox, + Hist, of the Exch. p. 518. + + *** Writs were issued to about one hundred and twenty cities + and boroughs. +</pre> + <p> + "As it is a most equitable rule," says he, in his preamble to this writ, + "that what concerns all should be approved of by all; and common dangers + be repelled by united efforts;"[*] a noble principle, which may seem to + indicate a liberal mind in the king, and which laid the foundation of a + free and an equitable government. + </p> + <p> + After the election of these deputies by the aldermen and common council, + they gave sureties for their attendance before the king and parliament: + their charges were respectively borne by the borough which sent them; and + they had so little idea of appearing as legislators,—a character + extremely wide of their low rank and condition,[**]—that no + intelligence could be more disagreeable to any borough, than to find that + they must elect, or to any individual than that he was elected, to a trust + from which no profit or honor could possibly be derived.[***] They + composed not, properly speaking, any essential part of the parliament: + they sat apart both from the barons and knights,[****] who disdained to + mix with such mean personages: after they had given their consent to the + taxes required of them, their business being then finished, they + separated, even though the parliament still continued to sit, and to + canvass the national business.[*****] And as they all consisted of men who + were real burgesses of the place from which they were sent, the sheriff, + when he found no person of abilities or wealth sufficient for the office, + often used the freedom of omitting particular boroughs in his returns; and + as he received the thanks of the people for this indulgence, he gave no + displeasure to the court, who levied on all the boroughs, without + distinction, the tax agreed to by the majority of deputies.[******] + </p> +<pre xml:space="preserve"> + * Brady of Boroughs, p. 25, 33, from the records. The writs + of the parliament immediately preceding, remain: and the + return of knights is there required, but not a word of the + boroughs: a demonstration that this was the very year in + which they commenced. In the year immediately preceding, the + taxes were levied by a seeming free consent of each + particular borough, beginning with London. Brady of + Boroughs, p. 31, 32, 33, from the records. Also his Answer + to Petyt, p. 40, 41. + + ** Reiiquia Spel. p. 64. Prynne's Pref. to Cotton's Abridg. + and the Abridg. passim. + + *** Brady of Boroughs, p. 59, 60. + + **** Brady of Boroughs, p. 37, 38, from the records, and + Append. p. 19. Also his Append, to his Answer to Petyt, + Record. And his gloss. in verb. Communitas regn. p. 33. + Abridg. p. 14. + + ****** Bradv of Boroughs, p. 52, from the records. There is + even an instance in the reign of Edward III., when the king + named all the deputies. Brady's Answer to Petyt, p. 161. If + he fairly named the most considerable and creditable + burgesses, little exception would be taken; as their + business was not to check the king, but to reason with him, + and consent to his demands. It was not till the reign of + Richard II. that the sheriffs were deprived of the power of + omitting boroughs at pleasure. See Stat. at large, 5th + Richard II. cap. iv. +</pre> + <p> + The union, however, of the representatives from the boroughs gave + gradually more weight to the whole order; and it became customary for + them, in return for the supplies which they granted, to prefer petitions + to the crown for the redress of any particular grievance, of which they + found reason to complain. The more the king's demands multiplied, the + faster these petitions increased both in number and authority; and the + prince found it difficult to refuse men whose grants had supported his + throne, and to whose assistance he might so soon be again obliged to have + recourse. The commons, however, were still much below the rank of + legislators.[*] <a href="#linknote-4" name="linknoteref-4" + id="linknoteref-4">4</a> Their petitions, though they received a verbal + assent from the throne, were only the rudiments of laws: the judges were + afterwards intrusted with the power of putting them into form. and the + king, by adding to them the sanction of his authority, and that sometimes + without the assent of the nobles, bestowed validity upon them. The age did + not refine so much as to perceive the danger of these irregularities. No + man was displeased that the sovereign, at the desire of any class of men, + should issue an order which appeared only to concern that class; and his + predecessors were so near possessing the whole legislative power, that he + gave no disgust by assuming it in this seemingly inoffensive manner. But + time and further experience gradually opened men's eyes, and corrected + these abuses. It was found that no laws could be fixed for one order of + men without affecting the whole; and that the force and efficacy of laws + depended entirely on the terms employed in wording them. The house of + peers, therefore, the most powerful order in the state, with reason, + expected that their assent should be expressly granted to all public + ordinances:[**] + </p> +<pre xml:space="preserve"> + * See note D, at the end of the volume. + + ** In those instances found in Cotton's Abridgment, where + the king appears to answer of himself the petitions of the + commons, he probably exerted no more than that power, which + was long inherent in the crown, of regulating matters by + royal edicts or proclamations. +</pre> + <p> + But no durable or general statute seems ever to have been made by the king + from the petition of the commons alone, without the assent of the peers. + It is more likely that the peers alone without the commons, would enact + statutes, and in the reign of Henry V., the commons required, that no laws + should be framed merely upon their petitions, unless the statutes were + worded by themselves, and had passed their house in the form of a bill.[*] + </p> + <p> + But as the same causes which had produced a partition of property + continued still to operate, the number of knights and lesser barons, or + what the English call the gentry, perpetually increased, and they sunk + into a rank still more inferior to the great nobility. The equality of + tenure was lost in the great inferiority of power and property; and the + house of representatives from the counties was gradually separated from + that of the peers, and formed a distinct order in the state.[**] The + growth of commerce, meanwhile, augmented the private wealth and + consideration of the burgesses; the frequent demands of the crown + increased their public importance; and as they resembled the knights of + shires in one material circumstance, that of representing particular + bodies of men, it no longer appeared unsuitable to unite them together in + the same house, and to confound their rights and privileges.[***] <a + href="#linknote-5" name="linknoteref-5" id="linknoteref-5">5</a> Thus the + third estate that of the commons, reached at last its present form; and as + the country gentlemen made thenceforwards no scruple of appearing as + deputies from the boroughs, the distinction between the members was + entirely lost, and the lower house acquired thence a great accession of + weight and importance in the kingdom. Still, however, the office of this + estate was very different from that which it has since exercised with so + much advantage to the public. Instead of checking and controlling the + authority of the king, they were naturally induced to adhere to him, as + the great fountain of law and justice, and to support him against the + power of the aristocracy, which at once was the source of oppression to + themselves, and disturbed him in the execution of the laws. The king, in + his turn, gave countenance to an order of men so useful and so little + dangerous: the peers also were obliged to pay them some consideration: and + by this means the third estate, formerly so abject in England, as well as + in all other European nations, rose by slow degrees to their present + importance; and in their progress made arts and commerce, the necessary + attendants of liberty and equality, flourish in the kingdom.[****] <a + href="#linknote-6" name="linknoteref-6" id="linknoteref-6">6</a> + </p> +<pre xml:space="preserve"> + * Brady's Answer to Petyt, p. 85, from the records. + + ** Cotton's Abridgment, p. 13. + + *** See note E, at the end of the volume. + + **** See note F, at the end of the volume. +</pre> + <p> + What sufficiently proves that the commencement of the house of burgesses, + who are the true commons, was not an affair of chance, but arose from the + necessities of the present situation, is, that Edward, at the very same + time, summoned deputies from the inferior clergy, the first that ever met + in England,[*] and he required them to impose taxes on their constituents + for the public service. Formerly the ecclesiastical benefices bore no part + of the burdens of the state: the pope indeed of late had often levied + impositions upon them: he had sometimes granted this power to the + sovereign:[**] the king himself had in the preceding year exacted, by + menaces and violence, a very grievous tax of half the revenues of the + clergy: but as this precedent was dangerous, and could not easily be + repeated in a government which required the consent of the subject to any + extraordinary resolution, Edward found it more prudent to assemble a lower + house of convocation, to lay before them his necessities, and to ask some + supply. But on this occasion he met with difficulties. Whether that the + clergy thought themselves the most independent body in the kingdom, or + were disgusted by the former exorbitant impositions, they absolutely + refused their assent to the king's demand of a fifth of their movables; + and it was not till a second meeting that, on their persisting in this + refusal, he was willing to accept of a tenth. The barons and knights + granted him, without hesitation, an eleventh; the burgesses, a seventh. + But the clergy still scrupled to meet on the king's writ, lest by such an + instance of obedience they should seem to acknowledge the authority of the + temporal power: and this compromise was at last fallen upon, that the king + should issue his writ to the archbishop; and that the archbishop should, + in consequence of it, summon the clergy, who, as they then appeared to + obey their spiritual superior, no longer hesitated to meet in convocation. + This expedient, however, was the cause why the ecclesiastics were + separated into two houses of convocation, under their several archbishops, + and formed not one estate, as in other countries of Europe; which was at + first the king's intention.[***] We now return to the course of our + narration. + </p> +<pre xml:space="preserve"> + * Archbishop Wake's State of the Church of England, p. 235 + Brady of Burroughs, p. 34. Gilbert's Hist, of the Buch. p + 46. + + ** Ann. Waverl. p. 227, 228. T. Wykes, p. 99, 120. + + *** Gilbert's Hist, of the Buch. p 51, 54. +</pre> + <p> + Edward, conscious of the reasons of disgust which he had given to the king + of Scots, informed of thu dispositions of that people, and expecting the + most violent effects of their resentment, which he knew he had so well + merited, employed the supplies granted him by his people in making + preparations against the hostilities of his northern neighbor. When in + this situation, he received intelligence of the treaty secretly concluded + between John and Philip; and though uneasy at this concurrence of a French + and Scottish war he resolved not to encourage his enemies by a + pusillanimous behavior, or by yielding to their united efforts. + </p> + <p class="side"> + 1296. + </p> + <p> + He summoned John to perform the duty of a vassal, and to send him a supply + of forces against an invasion from France, with which he was then + threatened: he next required that the fortresses of Berwick, Jedburgh, and + Roxburgh should be put into his hands as a security during the war; he + cited John to appear in an English parliament to be held at Newcastle; and + when none of these successive demands were complied with, he marched + northward with numerous forces, thirty thousand foot and four thousand + horse, to chastise his rebellious vassal. The Scottish nation, who had + little reliance on the vigor and abilities of their prince, assigned him a + council of twelve noblemen, in whose hands the sovereignty was really + lodged, and who put the country in the best posture of which the present + distractions would admit. A great army, composed of forty thousand + infantry, though supported only by five hundred cavalry advanced to the + frontiers; and after a fruitless attempt upon Carlisle, marched eastwards + to defend those provinces which Edward was preparing to attack. But some + of the most considerable of the Scottish nobles, Robert Bruce, the father + and son, the earls of March and Angus, prognosticating the ruin of their + country from the concurrence of intestine divisions and a foreign + invasion, endeavored here to ingratiate themselves with Edward by an early + submission; and the king, encouraged by this favorable incident, led his + army into the enemy's country, and crossed the Tweed without opposition at + Coldstream. He then received a message from John, by which that prince, + having now procured for himself and his nation Pope Celestine's + dispensation from former oaths, renounced the homage which had been done + to England, and set Edward at defiance. This bravado was but ill supported + by the military operations of the Scots. + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 692. Walsing. p. 64. Heming. vol. i. p. + 84 Trivet, p. 286. t Heming. vol i. p. 75. + + ** Rymer, vol. ii. p. 607. Walsing. p. 66. Heming. vol. i. + p. 92. +</pre> + <p> + Berwick was already taken by assault: Sir William Douglas, the governor, + was made prisoner: above seven thousand of the garrison were put to the + sword: and Edward, elated by this great advantage, despatched Earl + Warrenne with twelve thousand men to lay siege to Dunbar, which was + defended by the flower of the Scottish nobility. + </p> + <p> + The Scots, sensible of the importance of this place, which, if taken, laid + their whole country open to the enemy, advanced with their main army, + under the command of the earls of Buchan, Lenox, and Marre, in order to + relieve it. Warrenne, not dismayed at the great superiority of their + number, marched out to give them battle. He attacked them with great + vigor; and as undisciplined troops, when numerous, are but the more + exposed to a panic upon any alarm, he soon threw them into confusion, and + chased them off the field with great slaughter. The loss of the Scots is + said to have amounted to twenty thousand men: the Castle of Dunbar, with + all its garrison, surrendered next day to Edward, who, after the battle, + had brought up the main body of the English, and who now proceeded with an + assured confidence of success. The Castle of Roxburgh was yielded by + James, steward of Scotland; and that nobleman, from whom is descended the + royal family of Stuart, was again obliged to swear fealty to Edward. After + a feeble resistance, the Castles of Edinburgh and Stirling opened their + gates to the enemy. All the southern parts were instantly subdued by the + English; and to enable them the better to reduce the northern, whose + inaccessible situation seemed to give them some more security, Edward sent + for a strong reënforcement of Welsh and Irish, who, being accustomed to a + desultory kind of war, were the best fitted to pursue the fugitive Scots + into the recesses of their lakes and mountains. But the spirit of the + nation was already broken by their misfortunes and the feeble and timid + Baliol, discontented with his own subjects, and overawed by the English, + abandoned all those resources which his people might yet have possessed in + this extremity. He hastened to make his submissions to Edward, he + expressed the deepest penitence for his disloyalty to his liege lord; and + he made a solemn and irrevocable resignation of his crown into the hands + of that monarch.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 718. Walsing. p. 67. Heming. vo. i p. + 99 Trivet, p. 292. +</pre> + <p> + Edward marched northwards to Aberdeen and Elgin, without meeting an enemy: + no Scotchman approached him but to pay him submission and do him homage: + even the turbulent Highlanders, ever refractory to their own princes, and + averse to the restraint of laws, endeavored to prevent the devastation of + their country, by giving him early proofs of obedience: and Edward, having + brought the whole kingdom to a seeming state of tranquillity, returned to + the south with his army. There was a stone to which the popular + superstition of the Scots paid the highest veneration: all their kings + were seated on it when they received the rite of inauguration: an ancient + tradition assured them that, wherever this stone was placed, their nation + should always govern: and it was carefully preserved at Scone, as the + true, palladium of their monarchy, and their ultimate resource amidst all + their misfortunes. Edward got possession of it, and carried it with him to + England.[*] He gave orders to destroy the records, and all those monuments + of antiquity which might preserve the memory of the independence of the + kingdom, and refute the English claims of superiority. The Scots pretend + that he also destroyed all the annals preserved in their convents: but it + is not probable that a nation, so rude and unpolished, should be possessed + of any history which deserves much to be regretted. The great seal of + Bailol was broken; and that prince himself was carried prisoner to London, + and committed to custody in the Tower. Two years after he was restored to + liberty, and submitted to a voluntary banishment in France; where, without + making any further attempts for the recovery of his royalty, he died in a + private station. Earl Warrenne was left governor of Scotland:[**] + Englishmen were intrusted with the chief offices: and Edward, flattering + himself that he had attained the end of all his wishes, and that the + numerous acts of fraud and violence, which he had practised against + Scotland, had terminated in the final reduction of that kingdom, returned + with his victorious army into England. + </p> +<pre xml:space="preserve"> + * Walsing. p. 68. Trivet, p. 299. + + ** Rymer, vol. ii. p. 726. Trivet, p. 295. +</pre> + <p> + An attempt, which he made about the same time, for the recovery of + Guienne, was not equally successful. He sent thither an army of seven + thousand men, under the command of his brother, the earl of Lancaster. + That prince gained at first some advantages over the French at Bordeaux: + but he was soon after seized with a distemper, of which he died at + Bayonne. The command devolved on the earl of Lincoln, who was not able to + perform any thing considerable during the rest of the campaign.[*] + </p> + <p> + But the active and ambitious spirit of Edward, while his conquests brought + such considerable accessions to the English monarchy, could not be + satisfied, so long as Guienne, the ancient patrimony of his family, was + wrested from him by the dishonest artifices of the French monarch. Finding + that the distance of that province rendered all his efforts against it + feeble and uncertain, he purposed to attack France in a quarter where she + appeared more vulnerable; and with this view he married his daughter + Elizabeth to John, earl of Holland, and at the same time contracted an + alliance with Guy, earl of Flanders, stipulated to pay him the sum of + seventy-five thousand pounds, and projected an invasion with their united + forces upon Philip, their common enemy.[**] He hoped that, when he + himself, at the head of the English, Flemish, and Dutch armies, reënforced + by his German allies, to whom he had promised or remitted considerable + sums, should enter die frontiers of France, and threaten the capital + itself, Philip would at last be obliged to relinquish his acquisitions, + and purchase peace by the restitution of Guienne. But in order to set this + great machine in movement, considerable supplies were requisite from the + parliament; and Edward, without much difficulty, obtained from the barons + and knights a new grant of a twelfth of all their movables, and from the + boroughs that of an eighth. The great and almost unlimited power of the + king over the latter, enabled him to throw the heavier part of the burden + on them; and the prejudices which he seems always to have entertained + against the church, on account of the former zeal of the clergy for the + Mountfort faction, made him resolve to load them with still more + considerable impositions, and he required of them a fifth of their + movables. But he here met with an opposition, which for some time + disconcerted all his measures, and engaged him in enterprises that were + somewhat dangerous to him; and would have proved fatal to any of his + predecessors. + </p> +<pre xml:space="preserve"> + * Homing, vol. i. p. 72, 73, 74. + + ** Rymer, vol. ii. p. 761. Walsing, p. 68. +</pre> + <p> + Boniface VIII., who had succeeded Celestine in the papal throne, was a man + of the most lofty and enterprising spirit; and though not endowed with + that severity of manners which commonly accompanies ambition in men of his + order, he was determined to carry the authority of the tiara, and his + dominion over the temporal power, to as great a height as it had ever + attained in any former period. Sensible that his immediate predecessors, + by oppressing the church in every province of Christendom, had extremely + alienated the affections of the clergy, and had afforded the civil + magistrate a pretence for laying like impositions on ecclesiastical + revenues, he attempted to resume the former station of the sovereign + pontiff, and to establish himself as the common protector of the spiritual + order against all invaders. For this purpose he issued very early in his + pontificate a general bull, prohibiting all princes from levying without + his consent any taxes upon the clergy, and all clergymen from submitting + to such impositions; and he threatened both of them with the penalties of + excommunication in case of disobedience.[*] This important edict is said + to have been procured by the solicitation of Robert de Win chelsey, + archbishop of Canterbury, who intended to employ it as a rampart against + the violent extortions which the church had felt from Edward, and the + still greater, which that prince's multiplied necessities gave them reason + to apprehend. When a demand, therefore, was made on the clergy of a fifth + of their movables, a tax which was probably much more grievous than a + fifth of their revenue, as their lands were mostly stocked with their + cattle, and cultivated by their villains, the clergy took shelter under + the bull of Pope Boniface and pleaded conscience in refusing + compliance.[**] The king came not immediately to extremities on this + repulse; but after locking up all their granaries and barns, and + prohibiting all rent to be paid them, he appointed a new synod, to confer + with him upon his demand. The primate, not dismayed by these proofs of + Edward's resolution, here plainly told him that the clergy owed obedience + to two sovereigns, their spiritual and their temporal; but their duty + bound them to a much stricter attachment to the former than to the latter: + they could not comply with his commands, (for such, in some measure, the + requests of the crown were then deemed,) in contradiction to the express + prohibition of the sovereign pontiff.[***] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 706. Heming. vol. i. p. 104. + + ** Heming, vol., i. p. 107. Trivet, p. 296. Chron. Dunst. + vol. ii p. 652 + + *** Hemming. vol. i. p. 107. +</pre> + <p class="side"> + 1297. + </p> + <p> + The clergy had seen, in many instances, that Edward paid little regard to + those numerous privileges on which they set so high a value. He had + formerly seized, in an arbitrary manner, all the money and plate belonging + to the churches and convents, and had applied them to the public + service;[*] and they could not but expect more violent treatment on this + sharp refusal, grounded on such dangerous principles. Instead of applying + to the pope for a relaxation of his bull, he resolved immediately to + employ the power in his hands; and he told the ecclesiastics that, since + they refused to support the civil government, they were unworthy to + receive any benefit from it; and he would accordingly put them out of the + protection of the laws. This vigorous measure was immediately carried into + execution.[**] Orders were issued to the judges to receive no cause + brought before them by the clergy; to hear and decide all causes in which + they were defendants; to do every man justice against them; to do them + justice against nobody.[***] The ecclesiastics soon found themselves in + the most miserable situation imaginable. They could not remain in their + own houses or convents for want of subsistence; if they went abroad in + quest of maintenance, they were dismounted, robbed of their horses and + clothes, abused by every ruffian, and no redress could be obtained by them + for the most violent injury. The primate himself was attacked on the + highway, was stripped of his equipage and furniture, and was at last + reduced to board himself with a single servant in the house of a country + clergyman.[****] The king, meanwhile, remained an indifferent spectator of + all these violences: and without employing his officers in committing any + immediate injury on the priests, which might have appeared invidious and + oppressive, he took ample vengeance on them for their obstinate refusal of + his demands. Though the archbishop issued a general sentence of + excommunication against all who attacked the persons or property of + ecclesiastics, it was not regarded; while Edward enjoyed the satisfaction + of seeing the people become the voluntary instruments of his justice + against them, and inure themselves to throw off that respect for the + sacred order by which they had so long been overawed and governed. + </p> +<pre xml:space="preserve"> + * Walsing. p. 65. Heming. vol. i. p. 51. + + ** Walsing. p. 69. Heming. vol. i. p. 107. + + *** M. West. p. 429. + + **** Heming. vol. i. p. 109. +</pre> + <p> + The spirits of the clergy were at last broken by this harsh treatment. + Besides that the whole province of York, which lay nearest the danger that + still hung over them from the Scots, voluntarily, from the first, voted a + fifth of their movables, the bishops of Salisbury, Ely, and some others, + made a composition for the secular clergy within their dioceses; and they + agreed not to pay the fifth, which would have been an act of disobedience + to Boniface's bull, but to deposit a sum equivalent in some church + appointed them, whence it was taken by the king's officers.[*] Many + particular convents and clergymen made payment of a like sum, and received + the king's protection.[**] Those who had not ready money, entered into + recognizances for the payment. And there was scarcely found one + ecclesiastic in the kingdom who seemed willing to suffer, for the sake of + religious privileges, this new species of martyrdom, the most tedious and + languishing of any, the most mortifying to spiritual pride, and not + rewarded by that crown of glory which the church holds up with such + ostentation to her devoted adherents. + </p> + <p> + But as the money granted by parliament, though considerable, was not + sufficient to supply the king's necessities, and that levied by + compositions with the clergy came in slowly, Edward was obliged, for the + obtaining of further supply, to exert his arbitrary power, and to lay an + oppressive hand on all orders of men in the kingdom. He limited the + merchants in the quantity of wool allowed to be exported; and at the same + time forced them to pay him a duty of forty shillings a sack, which was + computed to be above the third of the value.[***] He seized all the rest + of the wool, as well as all the leather of the kingdom, into his hands, + and disposed of these commodities for his own benefit;[****] he required + the sheriffs of each county to supply him with two thousand quarters of + wheat, and as many of oats, which he permitted them to seize wherever they + could find them: the cattle and other commodities necessary for supplying + his army, were laid hold of without the consent of the owners;[*****] and + though he promised to pay afterwards the equivalent of all these goods, + men saw but little probability that a prince, who submitted so little to + the limitations of law, could ever, amidst his multiplied necessities, be + reduced to a strict observance of his engagements. + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 108, 109. Chron. Dunst. p. 653. + + ** Chron. Dunst. vol. ii. p. 654. + + *** Walsing. p. 69. Trivet, p. 296. + + **** Heming, vol. i. p. 52, 110. + +</pre> + <p> + He showed at the same time an equal disregard to the principles of the + feudal law, by which all the lands of his kingdom were held: in order to + increase his army, and enable him to support that great effort which he + intended to make against France, he required the attendance of every + proprietor of land possessed of twenty pounds a year, even though he held + not of the crown, and was not obliged by his tenure to perform any such + service.[*] + </p> + <p> + These acts of violence and of arbitrary power, notwithstanding the great + personal regard generally borne to the king, bred murmurs in every order + of men; and it was not long ere some of the great nobility, jealous of + their own privileges, as well as of national liberty, gave countenance and + authority to these complaints. Edward assembled on the sea-coast an army + which he purposed to send over to Gascony, while he himself should in + person make an impression on the side of Flanders; and he intended to put + these forces under the command of Humphrey Bohun, earl of Hereford, the + constable, and Roger Bigod, earl of Norfolk, the mareschal of England. But + these two powerful earls refused to execute his commands, and affirmed + that they were only obliged by their office to attend his person in the + wars. A violent altercation ensued: and the king, in the height of his + passion, addressing himself to the constable, exclaimed, "Sir Earl, by + God, you shall either go or hang." "By God, Sir King," replied Hereford, + "I will neither go nor hang."[**] And he immediately departed with the + mareschal and above thirty other considerable barons. + </p> + <p> + Upon this opposition, the king laid aside the project of an expedition + against Guienne, and assembled the forces which he himself purposed to + transport into Flanders. But the two earls, irritated in the contest and + elated by impunity, pretending that none of their ancestors had ever + served in that country, refused to perform the duty of their office in + mustering the army.[***] The king, now finding it advisable to proceed + with moderation, instead of attainting the earls, who possessed their + dignities by hereditary right, appointed Thomas de Berkeley and Geoffrey + de Geyneville to act in that emergence as constable and mareschal.[****] + </p> +<pre xml:space="preserve"> + * Walsing. p. 69. + + ** Heming. voL i. p. 112. + + *** Rymer, vol. ii. p. 783. Walsing. p. 70. + + **** M. West, p. 430. +</pre> + <p> + He endeavored to reconcile himself with the church; took the primate again + into favor,[*] made him, in conjunction with Reginald de Grey, tutor to + the prince, whom he intended to appoint guardian of the kingdom during his + absence; and he even assembled a great number of the nobility in + Westminster Hall, to whom he deigned to make an apology for his past + conduct. He pleaded the urgent necessities of the crown; his extreme want + of money; his engagements from honor as well as interest to support his + foreign allies; and he promised, if ever he returned in safety, to redress + all their grievances, to restore the execution of the laws, and to make + all his subjects compensation for the losses which they had sustained. + Meanwhile, he begged them to suspend their animosities; to judge of him by + his future conduct, of which, he hoped, he should be more master; to + remain faithful to his government, or, if he perished in the present war, + to preserve their allegiance to his son and successor.[**] + </p> + <p> + There were, certainly, from the concurrence of discontents among the + great, and grievances of the people, materials sufficient in any other + period to have kindled a civil war in England: but the vigor and abilities + of Edward kept every one in awe; and his dexterity in stopping on the + brink of danger, and retracting the measures to which he had been pushed + by his violent temper and arbitrary principles, saved the nation from so + great a calamity. The two great earls dared not to break out into open + violence: they proceeded no further than framing a remonstrance, which was + delivered to the king at Winchelsea, when he was ready to embark for + Flanders. They there complained of the violations of the Great Charter, + and that of forests; the violent seizure of corn, leather, cattle, and, + above all, of wool, a commodity which they affirmed to be equal in value + to half the lands of the kingdom; the arbitrary imposition of forty + shillings a sack on the small quantity of wool allowed to be exported by + the merchants; and they claimed an immediate redress of all these + grievances.[***] The king told them that the greater part of his council + were now at a distance, and without their advice he could not deliberate + on measures of so great importance.[****] + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 113. + + ** Heming. vol. i. p. 114. M. West. p. 430. + + *** Walsing. p. 72. Heming. vol. i. p. 115. Trivet, p. 302. + + **** Walsing. p. 72. Heming. vol. i. p. 117. Trivet, p. 304. +</pre> + <p> + But the constable and mareschal, with the barons of their party resolved + to take advantage of Edward's absence and to obtain an explicit assent to + their demands. When summoned to attend the parliament at London, they came + with a great body of cavalry and infantry; and before they would enter the + city, required that the gates should be put into their custody.[*] The + primate, who secretly favored all their pretensions, advised the council + to comply; and thus they became masters both of the young prince and of + the resolutions of parliament. Their demands, however, were moderate, and + such as sufficiently justify the purity of their intentions in all their + past measures: they only required that the two charters should receive a + solemn confirmation; that a clause should be added to secure the nation + forever against all impositions and taxes without consent of parliament; + and that they themselves, and their adherents, who had refused to attend + the king into Flanders, should be pardoned for the offence, and should be + again received into favor.[**] The prince of Wales and his council + assented to these terms, and the charters were sent over to the king in + Flanders, to be there confirmed by him. Edward felt the utmost reluctance + to this measure, which, he apprehended, would for the future impose + fetters on his conduct, and set limits to his lawless authority. On + various pretences he delayed three days giving any answer to the deputies; + and when the pernicious consequences of his refusal were represented to + him, he was at last obliged, after many internal struggles, to affix his + seal to the charters, as also to the clause that bereaved him of the power + which he had hitherto assumed, of imposing arbitrary taxes upon the + people. + </p> + <p> + That we may finish at once this interesting transaction concerning the + settlement of the charters, we shall briefly mention the subsequent events + which relate to it. The constable and mareschal, informed of the king's + compliance, were satisfied, and not only ceased from disturbing the + government, but assisted the regency with their power against the Scots, + who had risen in arms, and had thrown off the yoke of England.[***] + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 138. + + ** Walsing, p. 73. Heming. vol. i. p. 138, 139 140, 141. + Trivet, p. 308. + + *** Walsing, p. 74. Heming. vol. i. p. 143. +</pre> + <p> + But being sensible that the smallest pretence would suffice to make Edward + retract these detested laws, which, though they had often received the + sanction both of king and parliament, and had been acknowledged during + three reigns, were never yet deemed to have sufficient validity, they + insisted that he should again confirm them on his return to England, and + should thereby renounce all plea which he might derive from his residing + in a foreign country when he formerly affixed his seal to them.[*] It + appeared that they judged aright of Edward's character and intentions: he + delayed this confirmation as long as possible; and, when the fear of worse + consequences obliged him again to comply, he expressly added a salvo for + his royal dignity or prerogative, which in effect enervated the whole + force of the charters.[**] The two earls and their adherents left the + parliament in disgust; and the king was constrained on a future occasion + to grant to the people, without any subterfuge, a pure and absolute + confirmation of those laws[***] which were so much the object of their + passionate affection. Even further securities were then provided for the + establishment of national privileges. Three knights were appointed to be + chosen in each county, and were invested with the power of punishing, by + fine and imprisonment, every transgression or violation of the + charters;[****] a precaution which, though it was soon disused, as + encroaching too much on royal prerogative, proves the attachment which the + English in that age bore to liberty, and their well-grounded jealousy of + the arbitrary disposition of Edward. + </p> + <p> + The work, however, was not yet entirely finished and complete. In order to + execute the lesser charter, it was requisite, by new perambulations, to + set bounds to the royal forests, and to disafforest all land which former + encroachments had comprehended within their limits. Edward discovered the + same reluctance to comply with this equitable demand; and it was not till + after many delays on his part, and many solicitations and requests, and + even menaces of war and violence,[*****] on the part of the barons, that + the perambulations were made, and exact boundaries fixed by a jury in each + county to the extent of his forests.[******] Had not his ambitious and + active temper raised him so many foreign enemies, and obliged him to have + recourse so often to the assistance of his subjects, it is not likely that + those concessions could ever have been extorted from him. + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 159. + + ** Heming. vol. i. p. 167, 168. + + *** Heming. vol. i. p. 168. + + **** Heming. vol. i. p. 170. + from the Chronicle of St. Albans, that the barons, not + content with the execution of the charter of forests, + demanded of Edward as high terms as had been imposed on his + father by the earl of Leicester; but no other historian + mentions this particular. + + ****** Heming. vol. i. p. 171. M. West. p. 431, 433. +</pre> + <p> + But while the people, after so many successful struggles, deemed + themselves happy in the secure possession of their privileges, they were + surprised in 1305 to find that Edward had secretly applied to Rome, and + had procured from that mercenary court an absolution from all the oaths + and engagements, which he had so often reiterated, to observe both the + charters. There are some historians,[*] so credulous as to imagine, that + this perilous step was taken by him for no other purpose than to acquire + the merit of granting a new confirmation of the charters, as he did soon + after; and a confirmation so much the more unquestionable, as it could + never after be invalidated by his successors, on pretence of any force or + violence which had been imposed upon him. But, besides that this might + have been done with a better grace if he had never applied for any such + absolution, the whole tenor of his conduct proves him to be little + susceptible of such refinements in patriotism; and this very deed itself, + in which he anew confirmed the charters, carries on the face of it a very + opposite presumption. Though he ratified the charters in general, he still + took advantage of the papal bull so far as to invalidate the late + perambulations of the forests, which had been made with such care and + attention, and to reserve to himself the power, in case of favorable + incidents, to extend as much as formerly those arbitrary jurisdictions. If + the power was not in fact made use of, we can only conclude that the + favorable incidents did not offer. + </p> + <p> + Thus, after the contests of near a whole century, and these ever + accompanied with violent jealousies, often with public convulsions, the + Great Charter was finally established; and the English nation have the + honor of extorting, by their perseverance, this concession from the + ablest, the most warlike, and the most ambitious of all their princes.[**] + It is computed that above thirty confirmations of the charter were done at + different times. + </p> +<pre xml:space="preserve"> + * Brady, vol. ii. p. 84. Carte, vol. ii. p. 292. + + ** It must, however, be remarked, that the king never + forgave the chief actors in this transaction; and he found + means afterwards to oblige both the constable and mareschal + to resign their offices into his hands. The former received + a new grant of it; but the office of mareschal given to + Thomas of Brotherton, the king's second son times required + of several kings, and granted by them in full parliament; a + precaution which, while it discovers some ignorance of the + true nature of law and government, proves a laudable + jealousy of national privileges in the people, and an + extreme anxiety lest contrary precedents should ever be + pleaded as an authority for infringing them. Accordingly we + find that, though arbitrary practices often prevailed, and + were even able to establish themselves into settled customs, + the validity of the Great Charter was never afterwards + formally disputed; and that grant was still regarded as the + basis of English government, and the sure rule by which the + authority of every custom was to be tried and canvassed. The + jurisdiction of the star-chamber, martial law, imprisonment + by warrants from the privy-council, and other practices of a + like nature, though established for several centuries, were + scarcely ever allowed by the English to be parts of their + constitution: the affection of the nation for liberty still + prevailed over all precedent, and even all political + reasoning; the exercise of these powers, after being long + the source of secret murmurs among the people, was, in + fulness of time, solemnly abolished as illegal, at least as + oppressive, by the whole legislative authority. +</pre> + <p> + To return to the period from which this account of the charters has led + us: though the king's impatience to appear at the head of his armies in + Flanders made him overlook all considerations, either of domestic + discontents or of commotions among the Scots, his embarkation had been so + long retarded by the various obstructions thrown in his way, that he lost + the proper season for action, and after his arrival made no progress + against the enemy. The king of France, taking advantage of his absence, + had broken into the Low Countries; had defeated the Flemings in the battle + of Furnes; had made himself master of Lisle, St. Omer, Courtrai, and + Ypres; and seemed in a situation to take full vengeance on the earl of + Flanders, his rebellious vassal. But Edward, seconded by an English army + of fifty thousand men, (for this is the number assigned by historians,[*]) + was able to stop the career of his victories; and Philip, finding all the + weak resources of his kingdom already exhausted, began to dread a reverse + of fortune, and to apprehend an invasion on France itself. + </p> +<pre xml:space="preserve"> + * Helming, vol i. p 146. +</pre> + <p> + The king of England, on the other hand, disappointed of assistance from + Adolph, king of the Romans, which he had purchased at a very high price, + and finding many urgent calls for his presence in England, was desirous of + ending, on any honorable terms, a war which served only to divert his + force from the execution of more important projects. This disposition in + both monarchs soon produced a cessation of hostilities for two years; and + engaged them to submit their differences to the arbitration of Pope + Boniface. + </p> + <p class="side"> + 1298. + </p> + <p> + Boniface was among the last of the sovereign pontiffs that exercised an + authority over the temporal jurisdiction of princes; and these exorbitant + pretensions, which he had been tempted to assume from the successful + example of his predecessors, but of which the season was now past, + involved him in so many calamities, and were attended with so unfortunate + a catastrophe, that they have been secretly abandoned, though never openly + relinquished, by his successors in the apostolic chair. Edward and Philip, + equally jealous of papal claims, took care to insert in their reference, + that Boniface was made judge of the difference by their consent, as a + private person, not by any right of his pontificate; and the pope, without + seeming to be offended at this mortifying clause, proceeded to give a + sentence between them, in which they both acquiesced.[*] He brought them + to agree, that their union should be cemented by a double marriage; that + of Edward himself, who was now a widower, with Margaret, Philip's sister, + and that of the prince of Wales with Isabella, daughter of that + monarch.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 817. Heining. vol. i. p. 149. Trivet, + p. 310 + + ** Rymer, vol. ii. p. 823 +</pre> + <p> + Philip was likewise willing to restore Guienne to the English, which he + had indeed no good pretence to detain; but he insisted that the Scots, and + their king, John Baliol, should, as his allies, be comprehended in the + treaty, and should be restored to their liberty. The difference., after + several disputes, was compromised, by their making mutual sacrifices to + each other. Edward agreed to abandon his ally the earl of Flanders, on + condition that Philip should treat in like manner his ally the king of + Scots. The prospect of conquering these two countries, whose situation + made them so commodious an acquisition to the respective kingdoms, + prevailed over all other considerations; and though they were both finally + disappointed in their hopes, their conduct was very reconcilable to the + principles of an interested policy. This was the first specimen which the + Scots had of the French alliance, and which was exactly conformable to + what a smaller power must always expect, when it blindly attaches itself + to the will and fortunes of a greater. That unhappy people now engaged in + a brave though unequal contest for their liberties, were totally + abandoned, by the ally in whom they reposed their final confidence, to the + will of an imperious conqueror. + </p> + <p> + Though England, as well as other European countries, was, in its ancient + state, very ill qualified for making, and still worse for maintaining + conquests, Scotland was so much inferior in its internal force, and was so + ill situated for receiving foreign succors, that it is no wonder Edward, + an ambitious monarch, should have cast his eye on so tempting an + acquisition, which brought both security and greatness to his native + country. But the instruments whom he employed to maintain his dominion + over the northern kingdom were not happily chosen, and acted not with the + requisite prudence and moderation, in reconciling the Scottish nation to a + yoke which they bore with such extreme reluctance. Warrenne, retiring into + England on account of his bad state of health, left the administration + entirely in the hands of Ormesby, who was appointed justiciary of + Scotland, and Cressingham, who bore the office of treasurer; and a small + military force remained, to secure the precarious authority of those + ministers. The latter had no other object than the amassing of money by + rapine and injustice: the former distinguished himself by the rigor and + severity of his temper: and both of them, treating the Scots as a + conquered people, made them sensible, too early, of the grievous servitude + into which they had fallen. As Edward required that all the proprietors of + land should swear fealty to him, every one who refused or delayed giving + this testimony of submission, was outlawed and imprisoned, and punished + without mercy; and the bravest and most generous spirits of the nation + were thus exasperated to the highest degree against the English + government.[*] + </p> +<pre xml:space="preserve"> + * Walsing. p. 70. Heming, vol. i. p. 118. Trivet, p. 299. +</pre> + <p> + There was one William Wallace, of a small fortune, but descended of an + ancient family in the west of Scotland, whose courage prompted him to + undertake, and enabled him finally to accomplish, the desperate attempt of + delivering his native country from the dominion of foreigners. This man, + whose valorous exploits are the object of just admiration, but have been + much exaggerated by the traditions of his countrymen, had been provoked by + the insolence of an English officer to put him to death; and finding + himself obnoxious on that account to the severity of the administration, + he fled into the woods, and offered himself as a leader to all those whom + their crimes, or bad fortune, or avowed hatred of the English, had reduced + to a like necessity. He was endowed with gigantic force of body, with + heroic courage of mind, with disinterested magnanimity, with incredible + patience, and ability to bear hunger, fatigue, and all the severities of + the seasons; and he soon acquired, among those desperate fugitives, that + authority to which his virtues so justly entitled him. Beginning with + small attempts, in which he was always successful, he gradually proceeded + to more momentous enterprises; and he discovered equal caution in securing + his followers, and valor in annoying the enemy. By his knowledge of the + country he was enabled, when pursued, to insure a retreat among the + morasses, or forests, or mountains; and again collecting his dispersed + associates, he unexpectedly appeared in another quarter, and surprised, + and routed, and put to the sword the unwary English. Every day brought + accounts of his great actions, which were received with no less favor by + his countrymen than terror by the enemy: all those who thirsted after + military fame were desirous to partake of his renown: his successful valor + seemed to vindicate the nation from the ignominy into which it had fallen, + by its tame submission to the English; and though no nobleman of note + ventured as yet to join his party, he had gained a general confidence and + attachment, which birth and fortune are not alone able to confer. + </p> + <p> + Wallace, having, by many fortunate enterprises, brought the valor of his + followers to correspond to his own, resolved to strike a decisive blow + against the English government; and he concerted the plan of attacking + Ormesby at Scone; and of taking vengeance on him for all the violence and + tyranny of which he had been guilty. The justiciary, apprised of his + intentions, fled hastily into England: all the other officers of that + nation imitated his example: their terror added alacrity and courage to + the Scots, who betook themselves to arms in every quarter; many of the + principal barons, and among the rest Sir William Douglas,[*] openly + countenanced Wallace's party: Robert Bruce secretly favored and promoted + the same cause: and the Scots, shaking off their fetters, prepared + themselves to defend, by a united effort, that liberty which they had so + unexpectedly recovered from the hands of their oppressors. + </p> +<pre xml:space="preserve"> + * Walsing. p. 70. vol. i. p. 118. +</pre> + <p> + But Warrenne, collecting an army of forty thousand men in the north of + England, determined to reëstablish his authority; and he endeavored, by + the celerity of his armament and of his march, to compensate for his past + negligence, which had enabled the Scots to throw off the English + government. He suddenly entered Annandale, and came up with the enemy at + Irvine, before their forces were fully collected, and before they had put + themselves in a posture of defence. Many of the Scottish nobles, alarmed + with their dangerous situation, here submitted to the English, renewed + their oaths of fealty, promised to deliver hostages for their good + behavior, and received a pardon for past offences.[*] Others, who had not + yet declared themselves, such as the steward of Scotland and the earl of + Lenox, joined, though with reluctance, the English army, and waited a + favorable opportunity for embracing the cause of their distressed + countrymen. But Wallace, whose authority over his retainers was more fully + confirmed by the absence of the great nobles, persevered obstinately in + his purpose; and finding himself unable to give battle to the enemy, he + marched northwards, with an intention of prolonging the war, and of + turning to his advantage the situation of that mountainous and barren + country. When Warrenne advanced to Stirling, he found Wallace encamped at + Cambuskenneth, on the opposite banks of the Forth; and being continually + urged by the impatient Cressingham, who was actuated both by personal and + national animosities against the Scots,[**] he prepared to attack them in + that position, which Wallace, no less prudent than courageous, had chosen + for his army.[***] + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 121, 22. + + ** Heming. vol. i. p. 127. + + *** On the 11th of September, 1297. +</pre> + <p> + In spite of the remonstrances of Sir Richard Lundy, a Scotchman of birth + and family, who sincerely adhered to the English, he ordered his army to + pass a bridge which lay over the Forth; but he was soon convinced, by + fatal experience, of the error of his conduct. Wallace, allowing such + numbers of the English to pass as he thought proper, attacked them before + they were fully formed, put them to rout, pushed part of them into the + river, destroyed the rest by the edge of the sword, and gained a complete + victory over them.[*] Among the slain was Cressingham himself, whose + memory was so extremely odious to the Scots, that they flayed his dead + body, and made saddles and girths of his skin.[**] Warrenne, finding the + remainder of his army much dismayed by this misfortune, was obliged again + to evacuate the kingdom, and retire into England. The Castles of Roxburgh + and Berwick, ill fortified and feebly defended, fell soon after into the + hands of the Scots. + </p> + <p> + Wallace, universally revered as the deliverer of his country, now + received, from the hands of his followers, the dignity of regent or + guardian under the captive Baliol; and finding that the disorders of war, + as well as the unfavorable seasons, had produced a famine in Scotland, he + urged his army to march into England, to subsist at the expense of the + enemy, and to revenge all past injuries, by retaliating on that hostile + nation. The Scots, who deemed everything possible under such a leader, + joyfully attended his call. Wallace, breaking into the northern counties + during the winter season, laid every place waste with fire and sword; and + after extending on all sides, without opposition, the fury of his ravages + as far as the bishopric of Durham, he returned, loaded with spoils and + crowned with glory, into his own country.[***] The disorders which at that + time prevailed in England, from the refractory behavior of the constable + and mareschal, made it impossible to collect an army sufficient to resist + the enemy, and exposed the nation to this loss and dishonor. + </p> +<pre xml:space="preserve"> + * Walsing. p. 73. Heming. vol. i. p. 127, 128, 129. Trivet, + p. 807. + + ** Heming. vol. i. p. 130. + + *** Heming. vol. i. p. 131, 132, 136. +</pre> + <p> + But Edward, who received in Flanders intelligence of these events, and had + already concluded a truce with France, now hastened over to England, in + certain hopes, by his activity and valor, not only of wiping off this + disgrace, but of recovering the important conquest of Scotland, which he + always regarded as the chief glory and advantage of his reign. He appeased + the murmurs of his people by concessions and promises: he restored to the + citizens of London the election of their own magistrates, of which they + had been bereaved in the latter part of his father's reign: he ordered + strict inquiry to be made concerning the corn and other goods which had + been violently seized before his departure, as if he intended to pay the + value to the owners:[*] and making public professions of confirming and + observing the charters he regained the confidence of the discontented + nobles. Having by all these popular arts rendered himself entirely master + of his people, he collected the whole military force of England, Wales, + and Ireland, and marched with an army of near a hundred thousand + combatants to the northern frontiers. + </p> + <p> + Nothing could have enabled the Scots to resist, but for one season, so + mighty a power, except an entire union among themselves; but as they were + deprived of their king, whose personal qualities, even when he was + present, appeared so contemptible, and had left among his subjects no + principle of attachment to him or his family, factions, jealousies, and + animosities unavoidably arose among the great, and distracted all their + councils. The elevation of Wallace, though purchased by so great merit, + and such eminent services, was the object of envy to the nobility, who + repined to see a private gentleman raised above them by his rank, and + still more by his glory and reputation. Wallace himself, sensible of their + jealousy and dreading the ruin of his country from those intestine + discords, voluntarily resigned his authority, and retained only the + command over that body of his followers who, being accustomed to victory + under his standard, refused to follow into the field any other leader. The + chief power devolved on the steward of Scotland, and Cummin of Badenoch; + men of eminent birth, under whom the great chieftains were more willing to + serve in defence of their country. The two Scottish commanders, collecting + their several forces from every quarter, fixed their station at Falkirk, + and purposed there to abide the assault of the English. Wallace was at the + head of a third body, which acted under his command. The Scottish army + placed their pikemen along their front; lined the intervals between the + three bodies with archers; and dreading the great superiority of the + English in cavalry, endeavored to secure their front by palisadoes, tied + together by ropes.[**] In this disposition they expected the approach of + the enemy. + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 813. + + ** Walsing. p. 75. Heming, vol. i. p. 163. +</pre> + <p> + The king, when he arrived in sight of the Scots, was pleased with the + prospect of being able, by one decisive stroke, to determine the fortune + of the war; and dividing his army also into three bodies, he led them to + the attack. The English archers, who began about this time to surpass + those of other nations, first chased the Scottish bowmen off the field; + then pouring in their arrows among the pikemen, who were cooped up within + their intrenchments, threw them into disorder, and rendered the assault of + the English pikemen and cavalry more easy and successful. The whole + Scottish army was broken, and chased off the field with great slaughter; + which the historians, attending more to the exaggerated relations of the + populace than to the probability of things, make amount to fifty or sixty + thousand men.[*] It is only certain, that the Scots never suffered a + greater loss in any action, nor one which seemed to threaten more + inevitable ruin to their country. + </p> +<pre xml:space="preserve"> + * Walsing. p. 76. T. Wykes, p. 127. Heming vol. i. p. 163, + 164, 165. Trivet (p. 313) says only twenty thousand. M. + West. (p. 431) says forty thousand. +</pre> + <p> + In this general rout of the army, Wallace's military skill and presence of + mind enabled him to keep his troops entire and retiring behind the Carron, + he marched leisurely along the banks of that small river, which protected + him from the enemy. Young Bruce, who had already given many proofs of his + aspiring genius, but who served hitherto in the English army, appeared on + the opposite banks, and distinguishing the Scottish chief, as well by his + majestic port as by the intrepid activity of his behavior, called out to + him, and desired a short conference. He here represented to Wallace the + fruitless and ruinous enterprise in which he was engaged; and endeavored + to bend his inflexible spirit to submission under superior power and + superior fortune: he insisted on the unequal contest between a weak state, + deprived of its head and agitated by intestine discord, and a mighty + nation, conducted by the ablest and most martial monarch of the age, and + possessed of every resource either for protracting the war, or for pushing + it with vigor and activity; if the love of his country were his motive for + perseverence, his obstinacy tended only to prolong her misery; if he + carried his views to private grandeur and ambition, he might reflect that, + even if Edward should withdraw his armies, it appeared from past + experience, that so many haughty nobles, proud of the preeminence of their + families, would never submit to personal merit, whose superiority they + were less inclined to regard as an object of admiration than as a reproach + and injury to themselves. To these exhortations Wallace replied that, if + he had hitherto acted alone, as the champion of his country, it was solely + because no second or competitor, or what he rather wished, no leader, had + yet appeared to place himself in that honorable station: that the blame + lay entirely on the nobility, and chiefly on Bruce himself, who, uniting + personal merit to dignity of family, had deserted the post which both + nature and fortune, by such powerful calls, invited him to assume: that + the Scots, possessed of such a head, would, by their unanimity and + concord, have surmounted the chief difficulty under which they now + labored, and might hope, notwithstanding their present losses, to oppose + successfully all the power and abilities of Edward: that heaven itself + could not set a more glorious prize before the eyes either of virtue or + ambition, than to join in one object, the acquisition of royalty with the + defence of national independence: and that as the interests of his + country, no more than those of a brave man, could never be sincerely + cultivated by a sacrifice of liberty, he himself was determined, as far as + possible, to prolong, not her misery, but her freedom, and was desirous + that his own life, as well as the existence of the nation, might terminate + when they could no otherwise be preserved than by receiving the chains of + a haughty victor. The gallantry of these sentiments, though delivered by + an armed enemy, struck the generous mind of Bruce: the flame was conveyed + from the breast of one hero to that of another: he repented of his + engagements with Edward; and opening his eyes to the honorable path + pointed out to him by Wallace, secretly determined to seize the first + opportunity of embracing the cause, however desperate, of his oppressed + country.[*] + </p> +<pre xml:space="preserve"> + * This story is told by all the Scotch writers; though it + must be owned that Trivet and Hemingford, authors of good + credit, both agree that Bruce was not at that time in + Edward's army. +</pre> + <p class="side"> + 1299. + </p> + <p> + The subjection of Scotland, notwithstanding this great victory of Edward, + was not yet entirely completed. The English army, after reducing the + southern provinces, was obliged to retire for want of provisions; and left + the northern counties in the hands of the natives. The Scots, no less + enraged at their present defeat than elated by their past victories, still + maintained the contest for liberty; but being fully sensible of the great + inferiority of their force, they endeavored, by applications to foreign + courts, to procure to themselves some assistance. The supplications of the + Scottish ministers were rejected by Philip; but were more successful with + the court of Rome. + </p> + <p class="side"> + 1300. + </p> + <p> + Boniface, pleased with an occasion of exerting his authority, wrote a + letter to Edward, exhorting him to put a stop to his oppressions in + Scotland, and displaying all the proofs, such as they had probably been + furnished him by the Scots themselves, for the ancient independence of + that kingdom.[*] Among other arguments hinted at above, he mentioned the + treaty conducted and finished by Edward himself, for the marriage of his + son with the heiress of Scotland; a treaty which would have been absurd, + had he been superior lord of the kingdom, and had possessed by the feudal + law the right of disposing of his ward in marriage. He mentioned several + other striking facts, which fell within the compass of Edward's own + knowledge particularly that Alexander, when he did homage to the king, + openly and expressly declared in his presence, that he swore fealty not + for his crown, but for the lands which he held in England: and the pope's + letter might have passed for a reasonable one, had he not subjoined his + own claim to be liege lord of Scotland; a claim which had not once been + heard of, but which, with a singular confidence, he asserted to be full, + entire, and derived from the most remote antiquity. The affirmative style, + which had been so successful with him and his predecessors in spiritual + contests, was never before abused after a more egregious manner in any + civil controversy. + </p> + <p class="side"> + 1301. + </p> + <p> + The reply which Edward made to Boniface's letter, contains particulars no + less singular and remarkable.[**] He there proves the superiority of + England by historical facts, deduced from the period of Brutus, the + Trojan, who, he said, founded the British monarchy in the age of Eli and + Samuel: he supports his position by all the events which passed in the + island before the arrival of the Romans: and after laying great stress on + the extensive dominions and heroic victories of King Arthur, he vouchsafes + at last to descend to the time of Edward the Elder, with which, in his + speech to the states of Scotland, he had chosen to begin his claim of + superiority. He asserts it to be a fact, "notorious and confirmed by the + records of antiquity," that the English monarchs had often conferred the + kingdom of Scotland on their own subjects, had dethroned these vassal + kings when unfaithful to them; and had substituted others in their stead. + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 844. + + ** Rymer, vol. ii. p. 863. +</pre> + <p> + He displays with great pomp the full and complete homage which William had + done to Henry II.; without mentioning the formal abolition of that + extorted deed by King Richard, and the renunciation of all future claims + of the same nature. Yet this paper he begins with a solemn appeal to the + Almighty, the searcher of hearts for his own firm persuasion of the + justice of his claim; and no less than a hundred and four barons, + assembled in parliament at Lincoln, concur in maintaining before the pope, + under their seals, the validity of these pretensions.[*] At the same time, + however, they take care to inform Boniface, that, though they had + justified their cause before him, they did not acknowledge him for their + judge: the crown of England was free and sovereign: they had sworn to + maintain all its royal prerogatives, and would never permit the king + himself, were he willing, to relinquish its independency. + </p> +<pre xml:space="preserve"> + * Rymer, vol. ii. p. 873. Walsing. p. 85. Heming. vol. i. p. + 186. Trivet, p. 330, M. West, p 443. +</pre> + <p class="side"> + 1302. + </p> + <p> + That neglect, almost total, of truth and justice, which sovereign states + discover in their transactions with each other, is an evil universal and + inveterate; is one great source of the misery to which the human race is + continually exposed; and it may be doubted whether, in many instances, it + be found in the end to contribute to the interests of those princes + themselves, who thus sacrifice their integrity to their politics. As few + monarchs have lain under stronger temptations to violate the principles of + equity than Edward in his transactions with Scotland, so never were they + violated with less scruple and reserve: yet his advantages were hitherto + precarious and uncertain, and the Scots, once roused to arms and inured to + war, began to appear a formidable enemy, even to this military and + ambitious monarch. They chose John Cummin for their regent; and, not + content with maintaining their independence in the northern parts, they + made incursions into the southern counties, which Edward imagined he had + totally subdued. John de Segrave, whom he had left guardian of Scotland, + led an army to oppose them; and lying at Roslin, near Edinburgh, sent out + his forces in three divisions, to provide themselves with forage and + subsistence from the neighborhood. + </p> + <p class="side"> + 1303. + </p> + <p> + One party was suddenly attacked by the regent and Sir Simon Fraser; and + being unprepared, was immediately routed and pursued with great slaughter. + The few that escaped, flying to the second division, gave warning of the + approach of the enemy: the soldiers ran to their arms; and were + immediately led on to take revenge for the death of their countrymen. The + Scots, elated with the advantage already obtained made a vigorous + impression upon them: the English, animated with a thirst of vengeance, + maintained a stout resistance: the victory was long undecided between + them; but at last declared itself entirely in favor of the former, who + broke the English, and chased them to the third division, now advancing + with a hasty march to support their distressed companions. Many of the + Scots had fallen in the two first actions; most of them were wounded, and + all of them extremely fatigued by the long continuance of the combat: yet + were they so transported with success and military rage, that, having + suddenly recovered their order, and arming the followers of their camp + with the spoils of the slaughtered enemy, they drove with fury upon the + ranks of the dismayed English. The favorable moment decided the battle; + which the Scots, had they met with a steady resistance, were not long able + to maintain: the English were chased off the field: three victories were + thus gained in one day;[*] and the renown of these great exploits, + seconded by the favorable dispositions of the people, soon made the regent + master of all the fortresses in the south; and it became necessary for + Edward to begin anew the conquest of the kingdom. + </p> + <p> + The king prepared himself for this enterprise with his usual vigor and + abilities. He assembled both a great fleet and a great army; and entering + the frontiers of Scotland, appeared with a force which the enemy could not + think of resisting in the open field: the English navy, which sailed along + the coast, secured the army from any danger of famine: Edward's vigilance + preserved it from surprises: and by this prudent disposition they marched + victorious from one extremity of the kingdom to the other, ravaging the + open country, reducing all the castles,[**] and receiving the submissions + of all the nobility, even those of Cummin, the regent. + </p> +<pre xml:space="preserve"> + * Heming. vol. i. p. 197. + + ** Heming. vol. i. p. 205. the kingdom. Wallace, though he + attended the English army in their march, found but few + opportunities of signalizing that valor which had formerly + made him so terrible to his enemies. +</pre> + <p> + The most obstinate resistance was made by the Castle of Brechin, defended + by Sir Thomas Maule; and the place opened not its gates, till the death of + the governor, by discouraging the garrison, obliged them to submit to the + fate which had overwhelmed the rest. + </p> + <p class="side"> + 1304. + </p> + <p> + Edward, having completed his conquest, which employed him during the space + of near two years, now undertook the more difficult work of settling the + country, of establishing a new form of government, and of making his + acquisition durable to the crown of England. He seems to have carried + matters to extremity against the natives: he abrogated all the Scottish + laws and customs:[*] he endeavored to substitute the English in their + place: he entirely razed or destroyed all the monuments of antiquity: such + records or histories as had escaped his former search were now burnt or + dispersed: and he hastened, by too precipitate steps, to abolish entirely + the Scottish name, and to sink it finally in the English. + </p> +<pre xml:space="preserve"> + * Ryley, p. 506. +</pre> + <p class="side"> + 1305. + </p> + <p> + Edward, however, still deemed his favorite conquest exposed to some danger + so long as Wallace was alive; and being prompted both by revenge and + policy, he employed every art to discover his retreat, and become master + of his person. At last that hardy warrior, who was determined, amidst the + universal slavery of his countrymen, still to maintain his independency, + was betrayed into Edward's hands by Sir John Monteith, his friend, whom he + had made acquainted with the place of his concealment. The king, whose + natural bravery and magnanimity should have induced him to respect like + qualities in an enemy, enraged at some acts of violence committed by + Wallace during the fury of war, resolved to overawe the Scots by an + example of severity: he ordered Wallace to be carried in chains to London; + to be tried as a rebel and traitor, though he had never made submissions + or sworn fealty to England; and to be executed on Tower Hill. This was the + unworthy fate of a hero, who, through a course of many years, had, with + signal conduct, intrepidity, and perseverance, defended, against a public + and oppressive enemy, the liberties of his native country. + </p> + <p> + But the barbarous policy of Edward failed of the purpose to which it was + directed. The Scots, already disgusted at the great innovations introduced + by the sword of a conqueror into their laws and government, were further + enraged at the injustice and cruelty exercised upon Wallace; and all the + envy which, during his lifetime, had attended that gallant chief, being + now buried in his grave, he was universally regarded as the champion of + Scotland and the patron of her expiring independency. The people, inflamed + with resentment, were every where disposed to rise against the English + government; and it was not long ere a new and more fortunate leader + presented himself, who conducted them to liberty, to victory, and to + vengeance. + </p> + <p class="side"> + 1306. + </p> + <p> + Robert Bruce, grandson of that Robert who had been one of the competitors + for the crown, had succeeded, by his grandfather's and father's death, to + all their rights; and the demise of John Baliol, together with the + captivity of Edward, eldest son of that prince, seemed to open a full + career to the genius and ambition of this young nobleman. He saw that the + Scots, when the title to their crown had expired in the males of their + ancient royal family, had been divided into parties nearly equal between + the houses of Bruce and Baliol; and that every incident which had since + happened, had tended to wean them from any attachment to the latter. The + slender capacity of John had proved unable to defend them against their + enemies: he had meanly resigned his crown into the hands of the conqueror: + he had, before his deliverance from captivity, reiterated that resignation + in a manner seemingly voluntary; and had in that deed thrown out many + reflections extremely dishonorable to his ancient subjects, whom he + publicly called traitors, ruffians, and rebels, and with whom, he + declared, he was determined to maintain no further correspondence;[*] he + had, during the time of his exile, adhered strictly to that resolution; + and his son, being a prisoner, seemed ill qualified to revive the rights, + now fully abandoned, of his family. + </p> +<pre xml:space="preserve"> + * Brady's Hist. vol. ii. App. No. 27. +</pre> + <p> + Bruce therefore hoped that the Scots, so long exposed, from the want of a + leader, to the oppressions of their enemies, would unanimously fly to his + standard, and would seat him on the vacant throne, to which he brought + such plausible pretensions. His aspiring spirit, inflamed by the fervor of + youth, and buoyed up by his natural courage, saw the glory alone of the + enterprise, or regarded the prodigious difficulties which attended it as + the source only of further glory. The miseries and oppressions which he + had beheld his countrymen suffer in their unequal contest, the repeated + defeats and misfortunes which they had undergone, proved to him so many + incentives to bring them relief, and conduct them to vengeance against the + haughty victor. The circumstances which attended Bruce's first declaration + are variously related; but we shall rather follow the account given by the + Scottish historians; not that their authority is in general anywise + comparable to that of the English, but because they may be supposed + sometimes better informed concerning facts which so nearly interested + their own nation. + </p> + <p> + Bruce, who had long harbored in his breast the design of freeing his + enslaved country, ventured at last to open his mind to John Cummin, a + powerful nobleman, with whom he lived in strict intimacy. He found his + friend, as he imagined, fully possessed with the same sentiments; and he + needed to employ no arts of persuasion to make him embrace the resolution + of throwing off, on the first favorable opportunity, the usurped dominion + of the English. But on the departure of Bruce, who attended Edward to + London, Cummin, who either had all along dissembled with him, or began to + reflect more coolly in his absence on the desperate nature of the + undertaking, resolved to atone for his crime in assenting to this + rebellion, by the merit of revealing the secret to the king of England. + Edward did not immediately commit Bruce to custody; because he intended at + the same time to seize his three brothers, who resided in Scotland; and he + contented himself with secretly setting spies upon him, and ordering all + his motions to be strictly watched. A nobleman of Edward's court, Bruce's + intimate friend, was apprised of his danger; but not daring, amidst so + many jealous eyes, to hold any conversation with him, he fell on an + expedient to give him warning, that it was full time he should make his + escape. He sent him by his servant a pair of gilt spurs and a purse of + gold, which he pretended to have borrowed from him; and left it to the + sagacity of his friend to discover the meaning of the present. Bruce + immediately contrived the means of his escape; and as the ground was at + that time covered with snow, he had the precaution, it is said, to order + his horses to be shod with their shoes inverted, that he might deceive + those who should track his path over the open fields or cross roads, + through which he purposed to travel. He arrived in a few days at Dumfries, + in Annandale, the chief seat of his family interest; and he happily found + a great number of the Scottish nobility there assembled, and among the + rest, John Cummin, his former associate. + </p> + <p> + The noblemen were astonished at the appearance of Bruce among them; and + still more when he discovered to them the object of his journey. He told + them that he was come to live or die with them in defence of the liberties + of his country, and hoped, with their assistance, to redeem the Scottish + name from all the indignities which it had so long suffered from the + tyranny of their imperious masters: that the sacrifice of the rights of + his family was the first injury which had prepared the way for their + ensuing slavery; and by resuming them, which was his firm purpose, he + opened to them the joyful prospect of recovering from the fraudulent + usurper their ancient and hereditary independence: that all past + misfortunes had proceeded from their disunion; and they would soon appear + no less formidable than of old to their enemies, if they now deigned to + follow into the field their rightful prince, who knew no medium between + death and victory, that their mountains and their valor, which had, during + so many ages, protected their liberty from all the efforts of the Roman + empire, would still be sufficient, were they worthy of their generous + ancestors, to defend them against the utmost violence of the English + tyrant: that it was unbecoming men, born to the most ancient independence + known in Europe, to submit to the will of any masters; but fatal to + receive those who, being irritated by such persevering resistance, and + inflamed with the highest animosity, would never deem themselves secure in + their usurped dominion but by exterminating all the ancient nobility, and + even all the ancient inhabitants: and that, being reduced to this + desperate extremity, it were better for them at once to perish like brave + men, with swords in their hands, than to dread long, and at last undergo, + the fate of the unfortunate Wallace, whose merits, in the brave and + obstinate defence of his country, were finally rewarded by the hands of an + English executioner. + </p> + <p> + The spirit with which this discourse was delivered, the bold sentiments + which it conveyed, the novelty of Bruce's declaration, assisted by the + graces of his youth and manly deportment, made deep impression on the + minds of his audience, and roused all those principles of indignation and + revenge, with which they had so long been secretly actuated. The Scottish + nobles declared their unanimous resolution to use the utmost efforts in + delivering their country from bondage, and to second the courage of Bruce, + in asserting his and their undoubted rights against their common + oppressors. Cummin alone who had secretly taken his measures with the + king, opposed this general determination; and by representing the great + power of England, governed by a prince of such uncommon vigor and + abilities, he endeavored to set before them the certain destruction which + they must expect, if they again violated their oaths of fealty, and shook + off their allegiance to the victorious Edward.[*] Bruce, already apprised + of his treachery, and foreseeing the certain failure of all his own + schemes of ambition and glory from the opposition of so potent a leader, + took immediately his resolution; and moved partly by resentment, partly by + policy, followed Cummin on the dissolution of the assembly, attacked him + in the cloisters of the Gray Friars, through which he passed, and running + him through the body, left him for dead. Sir Thomas Kirkpatric, one of + Bruce's friends, asking him soon after if the traitor were slain, "I + believe so," replied Bruce. "And is that a matter," cried Kirkpatric, "to + be left to conjecture? I will secure him." Upon which he drew his dagger, + ran to Cummin, and stabbed him to the heart. This deed of Bruce and his + associates, which contains circumstances justly condemned by our present + manners, was regarded in that age as an effort of manly vigor and just + policy. The family of Kirkpatric took for the crest of their arms, which + they still wear, a hand with a bloody dagger; and chose for their motto + these words, "I will secure him;" the expression employed by their + ancestor when he executed that violent action. + </p> +<pre xml:space="preserve"> + * M. West. p. 453. +</pre> + <p> + The murder of Cummin affixed the seal to the conspiracy of the Scottish + nobles: they had now no resource left but to shake off the yoke of + England, or to perish in the attempt: the genius of the nation roused + itself from its present dejection: and Bruce, flying to different + quarters, excited his partisans to arms, attacked with success the + dispersed bodies of the English, got possession of many of the castles, + and having made his authority be acknowledged in most parts of the + kingdom, was solemnly crowned and inaugurated in the abbey of Scone by the + bishop of St. Andrews, who had zealously embraced his cause. The English + were again chased out of the kingdom, except such as took shelter in the + fortresses that still remained in their hands; and Edward found that the + Scots, twice conquered in his reign, and often defeated, must yet be anew + subdued. Not discouraged with these unexpected difficulties, he sent Aymer + de Valence with a considerable force into Scotland, to check the progress + of the malecontents; and that nobleman, falling unexpectedly upon Bruce, + at Methven, in Perthshire, threw his army into such disorder as ended in a + total defeat.[*] Bruce fought with the most heroic courage, was thrice + dismounted in the action, and as often recovered himself; but was at last + obliged to yield to superior fortune, and take shelter, with a few + followers, in the Western Isles. The earl of Athole, Sir Simon Fraser, and + Sir Christopher Seton, who had been taken prisoners, were ordered by + Edward to be executed as rebels and traitors.[**] + </p> +<pre xml:space="preserve"> + * Walsing. p. 91. Heming. vol. i. p. 222, 223. Trivet, p. + 344. + + ** Heming. vol. i. p. 223. M. West. p. 456. +</pre> + <p class="side"> + 1307. + </p> + <p> + Many other acts of rigor were exercised by him; and that prince, vowing + revenge against the whole Scottish nation, whom he deemed incorrigible in + their aversion to his government, assembled a great army, and was + preparing to enter the frontiers, secure of success, and determined to + make the defenceless Scots the victims of his severity, when he + unexpectedly sickened and died near Carlisle; enjoining with his last + breath his son and successor to prosecute the enterprise, and never to + desist till he had finally subdued the kingdom of Scotland. He expired in + the sixty-ninth year of his age, and the thirty-fifth of his reign, hated + by his neighbors, but extremely respected and revered by his own subjects. + </p> + <p> + The enterprises finished by this prince, and the projects which he formed + and brought near to a conclusion, were more prudent, more regularly + conducted, and more advantageous to the solid interests of his kingdom, + than those which were undertaken in any reign, either of his ancestors or + his successors. He restored authority to the government, disordered by the + weakness of his father; he maintained the laws against all the efforts of + his turbulent barons; he fully annexed to his crown the principality of + Wales; he took many wise and vigorous measures for reducing Scotland to a + like condition; and though the equity of this latter enterprise may + reasonably be questioned, the circumstances of the two kingdoms promised + such certain success, and the advantage was so visible of uniting the + whole island under one head, that those who give great indulgence to + reasons of state in the measures of princes, will not be apt to regard + this part of his conduct with much severity. But Edward, however + exceptionable his character may appear on the head of justice, is the + model of a politic and warlike king: he possessed industry, penetration, + courage, vigilance, and enterprise: he was frugal in all expenses that + were not necessary; he knew how to open the public treasures on a proper + occasion; he punished criminals with severity; he was gracious and affable + to his servants and courtiers; and being of a majestic figure, expert in + all military exercises, and in the main well proportioned in his limbs, + notwithstanding the great length and the smallness of his legs, he was as + well qualified to captivate the populace by his exterior appearance, as to + gain the approbation of men of sense by his more solid virtues. + </p> + <p> + But the chief advantage which the people of England reaped, and still + continue to reap, from the reign of this great prince, was the correction, + extension, amendment, and establishment of the laws which Edward + maintained in great vigor, and left much improved to posterity; for the + acts of a wise legislator commonly remain, while the acquisition of a + conqueror often perish with him. This merit has justly gained to Edward + the appellation of the English Justinian. Not only the numerous statutes + passed in his reign touch the chief points of jurisprudence, and, + according to Sir Edward Coke,[*] truly deserve the name of establishments, + because they were more constant, standing, and durable laws than any made + since; but the regular order maintained in his administration gave an + opportunity to the common law to refine itself, and brought the judges to + a certainty in their determinations, and the lawyers to a precision in + their pleadings. Sir Matthew Hale has remarked the sudden improvement of + English law during this reign; and ventures to assert, that till his own + time it had never received any considerable increase.[**] Edward settled + the jurisdiction of the several courts; first established the office of + justice of peace; abstained from the practice, too common before him, of + interrupting justice by mandates from the privy-council;[***] repressed + robberies and Edward enacted a law to this purpose; but it is doubtful + whether he ever observed it. We are sure that scarcely any of his + successors did. + </p> +<pre xml:space="preserve"> + * Institute, p. 156. + + ** History of the English Law, p. 158, 163. + + *** Articuli super Cart. cap. 6., Letters of protection were + the ground of a complaint by the commons in 3, Edward (See + Ryley, p. 525.) This practice is declared illegal. +</pre> + <p> + The multitude of these disorders[*] encouraged trade, by giving merchants + an easy method of recovering their debts;[**] and, in short, introduced a + new face of things by the vigor and wisdom of his administration. As law + began now to be well established, the abuse of that blessing began also to + be remarked. Instead of their former associations for robbery and + violence, men entered into formal combinations to support each other in + lawsuits, and it was found requisite to check this iniquity by act of + parliament.[***] + </p> + <p> + There happened in this reign a considerable alteration in the execution of + the laws: the king abolished the office of chief justiciary, which, he + thought, possessed too much power, and was dangerous to the crown;[****] + he completed the division of the court of exchequer into four distinct + courts, which managed each its several branch, without dependence on any + one magistrate; and as the lawyers afterwards invented a method, by means + of their fictions, of carrying business from one court to another, the + several courts became rivals and checks to each other; a circumstance + which tended much to improve the practice of the law in England. + </p> +<pre xml:space="preserve"> + * Statute of Winton. + + ** Statute of Acton Burnel + + *** Statute of Conspirators. + + **** Spel. Gloss, in verbo Justiciarius. + + Gilbert's History of the Exchequer, p. 8: not bound to it by + his tenure; his visible reluctance to confirm the Great + Charter, as if that concession had no validity from the + deeds of his predecessors; the captious clause which he at + last annexed to his confirmation; his procuring of the + pope's dispensation from the oaths which he had taken to + observe that charter; and his levying of talliages at + discretion even after the statute, or rather charter, by + which he had renounced that prerogative; these are so many + demonstrations of his arbitrary disposition, and prove with + what exception and reserve we ought to celebrate his love of + justice. He took care that his subjects should do justice to + each other; but he desired always to have his own hands free + in all his transactions, both with them and with his + neighbors. +</pre> + <p> + But though Edward appeared thus, throughout his whole reign, a friend to + law and justice, it cannot be said that he was an enemy to arbitrary + power; and in a government more regular and legal than was that of England + in his age, such practices as those which may be remarked in his + administration, would have given sufficient ground of complaint, and + sometimes were even in his age the object of general displeasure. The + violent plunder and banishment of the Jews; the putting of the whole + clergy at once, and by an arbitrary edict, out of the protection of law; + the seizing of all the wool and leather of the kingdom; the heightening of + the impositions on the former valuable commodity; the new and illegal + commission of Trailbaston; the taking of all the money and plate of + monasteries and churches, even before he had any quarrel with the clergy; + the subjecting of every man possessed of twenty pounds a year to military + service, though by the statute of Northampton, passed in the second of + Edward III.; but it still continued, like many other abuses. There are + instances of it so late as the reign of Queen Elizabeth. + </p> + <p> + The chief obstacle to the execution of justice in those times was the + power of the great barons; and Edward was perfectly qualified, by his + character and abilities, for keeping these tyrants in awe, and restraining + their illegal practices. This salutary purpose was accordingly the great + object of his attention; yet was he imprudently led into a measure which + tended to increase and confirm their dangerous authority. He passed a + statute which, by allowing them to entail their estates, made it + impracticable to diminish the property of the great families, and left + them every means of increase and acquisition.[*] + </p> +<pre xml:space="preserve"> + * Brady of Boroughs, p. 25, from the records +</pre> + <p> + Edward observed a contrary policy with regard to the church: he seems to + have been the first Christian prince that passed a statute of mortmain; + and prevented by law the clergy from making new acquisitions of lands, + which by the ecclesiastical canons they were forever prohibited from + alienating. The opposition between his maxims with regard to the nobility + and to the ecclesiastics, leads us to conjecture, that it was only by + chance he passed the beneficial statute of mortmain, and that his sole + object was to maintain the number of knights' fees, and to prevent the + superiors from being defrauded of the profits of wardship, marriage, + livery, and other emoluments arising from the feudal tenures. This is + indeed, the reason assigned in the statute itself, and appears to have + been his real object in enacting it. The author of the Annals of Waverley + ascribes this act chiefly to the king's anxiety for maintaining the + military force of the kingdom but adds, that he was mistaken in his + purpose; for that the Amalekites were overcome more by the prayers of + Moses than by the sword of the Israelites.[*] The statute of mortmain was + often evaded afterwards by the invention of "uses." + </p> + <p> + Edward was active in restraining the usurpations of the church; and + excepting his ardor for crusades, which adhered to him during his whole + life, seems in other respects to have been little infected with + superstition, the vice chiefly of weak minds. But the passion for crusades + was really in that age the passion for glory. As the pope now felt himself + somewhat more restrained in his former practice of pillaging the several + churches in Europe by laying impositions upon them, he permitted the + generals of particular orders, who resided at Rome, to levy taxes on the + convents subjected to their jurisdiction; and Edward was obliged to enact + a law against this new abuse. It was also become a practice of the court + of Rome to provide successors to benefices before they became vacant: + Edward found it likewise necessary to prevent by law this species of + injustice. + </p> + <p> + The tribute of one thousand marks a year, to which King John, in doing + homage to the pope, had subjected the kingdom, had been pretty regularly + paid since his time, though the vassalage was constantly denied, and + indeed, for fear of giving offence, had been but little insisted on. The + payment was called by a new name of "census," not by that of tribute. King + Edward seems to have always paid this money with great reluctance; and he + suffered the arrears at one time to run on for six years,[**] at another + for eleven:[***] but as princes in that age stood continually in need of + the pope's good offices, for dispensations of marriage and for other + concessions, the court of Rome always found means, sooner or later, to + catch the money. The levying of first-fruits was also a new device begun + in this reign, by which his holiness thrust his fingers very frequently + into the purses of the faithful; and the king seems to have unwarily given + way to it. + </p> +<pre xml:space="preserve"> + * Page 234. See also M. West. p. 409. + + ** Rymer, vol. ii p. 77, 107. + + *** Rymer, vol. ii p. 862. +</pre> + <p> + In the former reign, the taxes had been partly scutages, partly such a + proportional part of the movables as was granted by parliament; in this, + scutages were entirely dropped, and the assessment on movables was the + chief method of taxation. Edward, in his fourth year, had a fifteenth + granted him; in his fifth year, a twelfth; in his eleventh year, a + thirtieth from the laity, a twentieth from the clergy; in his eighteenth + year, a fifteenth; in his twenty-second year, a tenth from the laity, a + sixth from London and other corporate towns, half of their benefices from + the clergy; in his twenty-third year, an eleventh from the barons and + others, a tenth from the clergy, a seventh from the burgesses; in his + twenty fourth year, a twelfth from the barons and others, an eighth from + the burgesses, from the clergy nothing, because of the pope's inhibition; + in his twenty-fifth year, an eighth from the laity, a tenth from the + clergy of Canterbury, a fifth from those of York; in his twenty-ninth + year, a fifteenth from the laity, on account of his confirming the + perambulations of the forests; the clergy granted nothing; in his + thirty-third year, first, a thirtieth from the barons and others, and a + twentieth from the burgesses, then a fifteenth from all his subjects; in + his thirty fourth year, a thirtieth from all his subjects, for knighting + his eldest son. + </p> + <p> + These taxes were moderate; but the king had also duties upon exportation + and importation granted him from time to time: the heaviest were commonly + upon wool. Poundage, or a shilling a pound, was not regularly granted the + kings for life till the reign of Henry V. + </p> + <p> + In 1296, the famous mercantile society, called the "merchant adventurers," + had its first origin: it was instituted for the improvement of the woollen + manufacture, and the vending of the cloth abroad, particularly at + Antwerp:[*] for the English at this time scarcely thought of any more + distant commerce. + </p> + <p> + This king granted a charter or declaration of protection and privileges to + foreign merchants, and also ascertained the customs or duties which those + merchants were in return to pay on merchandise imported and exported. He + promised them security; allowed them a jury on trials, consisting half of + natives, half of foreigners; and appointed them a justiciary in London for + their protection. But notwithstanding this seeming attention to foreign + merchants, Edward did not free them from the cruel hardship of making one + answerable for the debts, and even for the crimes of another, that came + from the same country.[**] + </p> +<pre xml:space="preserve"> + * Anderson's History of Commerce, vol. i. p. 137. + + ** Anderson's History of Commerce, vol. i. p. 146. +</pre> + <p> + We read of such practices among the present barbarous nations. The king + also imposed on them a duty of two shillings on each tun of wine imported, + over and above the old duty; and forty pence on each sack of wool exported + besides half a mark, the former duty.[*] + </p> + <p> + In the year 1303, the exchequer was robbed, and of no less a sum than one + hundred thousand pounds, as is pretended.[**] The abbot and monks of + Westminster were indicted for this robbery, but acquitted. It does not + appear that the king ever discovered the criminals with certainty, though + his indignation fell on the society of Lombard merchants, particularly the + Frescobaldi, very opulent Florentines. + </p> + <p> + The pope having in 1307 collected much money in England, the king enjoined + the nuncio not to export it in specie but in bills of exchange;[***] a + proof that commerce was but ill understood at that time. + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 361. It is the charter of Edward I. + which is there confirmed by Edward III. + + ** Rymer, vol. ii. p. 930. + + *** Rymer, vol. ii. p. 1092. +</pre> + <p> + Edward had by his first wife, Eleanor of Castile, four sons; but Edward, + his heir and successor, was the only one that survived him. She also bore + him eleven daughters, most of whom died in their infancy: of the + surviving, Joan was married first to the earl of Glocester, and after his + death to Ralph de Monthermer: Margaret espoused John, duke of Brabant: + Elizabeth espoused first John, earl of Holland, and afterwards the earl of + Hereford: Mary was a nun at Ambresbury. He had by his second wife, + Margaret of France, two sons and a daughter; Thomas, created earl of + Norfolk and mareschal of England; and Edmund, who was created earl of Kent + by his brother when king. The princess died in her infancy. + </p> + <p> + <a name="link2HCH0003" id="link2HCH0003"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XIV. + </h2> + <p> + <a name="linkimage-0004" id="linkimage-0004"> + <!-- IMG --></a> <a href="images/1_197_edward2.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_197_edward2_th.jpg" title="Edward II." + alt="1_197_edward2.jpg Edward II. " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0006" id="link2H_4_0006"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + EDWARD II. + </h2> + <p class="side"> + 1307. + </p> + <p> + The prepossessions entertained in favor of young Edward, kept the English + from being fully sensible of the extreme loss which they had sustained by + the death of the great monarch who filled the throne; and all men hastened + with alacrity to take the oath of allegiance to his son and successor. + This prince was in the twenty-third year of his age, was of an agreeable + figure, of a mild and gentle disposition, and having never discovered a + propensity to any dangerous vice, it was natural to prognosticate + tranquillity and happiness from his government. But the first act of his + reign blasted all these hopes, and showed him to be totally unqualified + for that perilous situation in which every English monarch during those + ages had, from the unstable form of the constitution, and the turbulent + dispositions of the people derived from it, the misfortune to be placed. + The indefatigable Robert Bruce, though his army had been dispersed, and he + himself had been obliged to take shelter in the Western Isles, remained + not long inactive; but before the death of the late king, had sallied from + his retreat, had again collected his followers, had appeared in the field, + and had obtained by surprise an important advantage over Aymer de Valence, + who commanded the English forces.[*] + </p> +<pre xml:space="preserve"> + * Trivet, p. 346. +</pre> + <p> + He was now become so considerable as to have afforded the king of England + sufficient glory in subduing him, without incurring any danger of seeing + all those mighty preparations, made by his father, fail in the enterprise. + But Edward, instead of pursuing his advantages, marched but a little way + into Scotland; and having an utter incapacity, and equal aversion, for all + application or serious business, he immediately returned upon his + footsteps, and disbanded his army. His grandees perceived, from this + conduct, that the authority of the crown, fallen into such feeble hands, + was no longer to be dreaded, and that every insolence might be practised + by them with impunity. + </p> + <p> + The next measure taken by Edward gave them an inclination to attack those + prerogatives which no longer kept them in awe. There was one Piers + Gavaston, son of a Gascon knight of some distinction, who had honorably + served the late king and who, in reward of his merits, had obtained an + establishment for his son in the family of the prince of Wales. This young + man soon insinuated himself into the affections of his master, by his + agreeable behavior, and by supplying him with all those innocent though + frivolous amusements which suited his capacity and his inclinations. He + was endowed with the utmost elegance of shape and person, was noted for a + fine mien and easy carriage, distinguished himself in all warlike and + genteel exercises, and was celebrated for those quick sallies of wit in + which his countrymen usually excel. By all these accomplishments, he + gained so entire an ascendant over young Edward, whose heart was strongly + disposed to friendship and confidence, that the late king, apprehensive of + the consequences, had banished him the kingdom, and had, before he died, + made his son promise never to recall him. But no sooner did he find + himself master, as he vainly imagined, than he sent for Gavaston; and even + before his arrival at court, endowed him with the whole earldom of + Cornwall, which had escheated to the crown by the death of Edmond, son of + Richard, king of the Romans.[*] Not content with conferring on him those + possessions, which had sufficed as an appanage for a prince of the blood, + he daily loaded him with new honors and riches; married him to his own + niece, sister of the earl of Glocester; and seemed to enjoy no pleasure in + his royal dignity, but as it enabled him to exalt to the highest splendor + this object of his fond affections. + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 1. Heming. vol. i. p. 243. Walsing, p. + 96. +</pre> + <p> + The haughty barons, offended at the superiority of a minion, whose birth, + though reputable, they despised as much inferior to their own, concealed + not their discontent; and soon found reasons to justify their animosity in + the character and conduct of the man they hated. Instead of disarming envy + by the moderation and modesty of his behavior, Gavaston displayed his + power and influence with the utmost ostentation; and deemed no + circumstance of his good fortune so agreeable as its enabling him to + eclipse and mortify all his rivals. He was vain-glorious, profuse, + rapacious; fond of exterior pomp and appearance, giddy with prosperity; + and as he imagined that his fortune was now as strongly rooted in the + kingdom as his ascendant was uncontrolled over the weak monarch, he was + negligent in engaging partisans, who might support his sudden and + ill-established grandeur. At all tournaments he took delight in foiling + the English nobility by his superior address: in every conversation he + made them the object of his wit and raillery: every day his enemies + multiplied upon him; and nought was wanting but a little time to cement + their union, and render it fatal both to him and to his master.[*] + </p> + <p> + It behoved the king to take a journey to France, both in order to do + homage for the duchy of Guienne, and to espouse the Princess Isabella, to + whom he had long been affianced, though unexpected accidents had hitherto + retarded the completion of the marriage.[**] Edward left Gavaston guardian + of the realm,[***] with more ample powers than had usually been + conferred;[****] and, on his return with his young queen, renewed all the + proofs of that fond attachment to the favorite of which every one so + loudly complained. This princess was of an imperious and intriguing + spirit; and finding that her husband's capacity required, as his temper + inclined, him to be governed, she thought herself best entitled, on every + account, to perform the office, and she contracted a mortal hatred against + the person who had disappointed her in these expectations. She was well + pleased, therefore, to see a combination of the nobility forming against + Gavaston, who, sensible of her hatred, had wantonly provoked her by new + insults and injuries. + </p> +<pre xml:space="preserve"> + * T. de la More, p. 593; Walsing. p. 97. + + ** T. de la More, p. 593. Trivet, Cont. p. 3. + + *** Rymer vol. iii. p. 47. Ypod. Neust. p. 499. + + **** Brady's App. No. 49. +</pre> + <p class="side"> + 1308. + </p> + <p> + Thomas, earl of Lancaster, cousin-german to the king, and first prince of + the blood, was by far the most opulent and powerful subject in England, + and possessed in his own right, and soon after in that of his wife, + heiress of the family of Lincoln, no less than six earldoms, with a + proportionable estate in land, attended with all the jurisdictions and + power which commonly in that age were annexed to landed property. He was + turbulent and factious in his disposition; mortally hated the favorite, + whose influence over the king exceeded his own; and he soon became the + head of that party among the barons who desired the depression of this + insolent stranger. The confederated nobles bound themselves by oath to + expel Gavaston: both sides began already to put themselves in a warlike + posture: the licentiousness of the age broke out in robberies and other + disorders, the usual prelude of civil war, and the royal authority, + despised in the king's own hands, and hated in those of Gavaston, became + insufficient for the execution of the laws and the maintenance of peace in + the kingdom. A parliament being summoned at Westminster, Lancaster and his + party came thither with an armed retinue; and were there enabled to impose + their own terms on the sovereign. They required the banishment of + Gavaston, imposed an oath on him never to return, and engaged the bishops, + who never failed to interpose in all civil concerns, to pronounce him + excommunicated if he remained any longer in the kingdom.[*] Edward was + obliged to submit;[**] but even in his compliance gave proofs of his fond + attachment to his favorite. Instead of removing all umbrage by sending him + to his own country, as was expected, he appointed him lord lieutenant of + Ireland[***], attended him to Bristol on his journey thither, and before + his departure conferred on him new lands and riches both in Gascony and + England.[****] Gavaston, who did not want bravery, and possessed talents + for war,[*****] acted, during his government, with vigor against some + Irish rebels, whom he subdued. + </p> +<pre xml:space="preserve"> + * Trivet, Cont. p. 5. + + ** Rymer, vol. iii. p. 80. + + *** Rymer, vol. iii. p. 92. Murimuth, p. 39. + + **** Rymer, vol. iii. p. 87. + +</pre> + <p> + Meanwhile, the king, less shocked with the illegal violence which had been + imposed upon him, than unhappy in the absence of his minion, employed + every expedient to soften the opposition of the barons to his return; as + if success in that point were the chief object of his government. The high + office of hereditary steward was conferred on Lancaster: his + father-in-law, the earl of Lincoln, was bought off by other concessions: + Earl Warrenne was also mollified by civilities, grants, or promises: the + insolence of Gavaston, being no longer before men's eyes, was less the + object of general indignation; and Edward, deeming matters sufficiently + prepared for his purpose, applied to the court of Rome, and obtained for + Gavaston a dispensation from that oath which the barons had compelled him + to take, that he would forever abjure the realm.[*] He went down to + Chester to receive him on his first landing from Ireland; flew into his + arms with transports of joy; and having obtained the formal consent of the + barons in parliament to his reëstablishment, set no longer any bounds to + his extravagant fondness and affection. Gavaston himself, forgetting his + past misfortunes, and blind to their causes, resumed the same ostentation + and insolence, and became more than ever the object of general detestation + among the nobility. + </p> + <p> + The barons first discovered their animosity by absenting themselves from + parliament; and finding that this expedient had not been successful, they + began to think of employing sharper and more effectual remedies. Though + there had scarcely been any national ground of complaint, except some + dissipation of the public treasure: though all the acts of + mal-administration objected to the king and his favorite, seemed of a + nature more proper to excite heart-burnings in a ball or assembly, than + commotions in a great kingdom: yet such was the situation of the times, + that the barons were determined, and were able, to make them the reasons + of a total alteration in the constitution and civil government. Having + come to parliament, in defiance of the laws and the king's prohibition, + with a numerous retinue of armed followers, they found themselves entirely + masters; and they presented a petition which was equivalent to a command, + requiring Edward to devolve on a chosen junto the whole authority, both of + the crown and of the parliament. The king was obliged to sign a + commission, empowering the prelates and barons to elect twelve persons, + who should, till the term of Michaelmas in the year following, have + authority to enact ordinances for the government of the kingdom, and + regulation of the king's household; consenting that these ordinances + should, thenceforth and forever have the force of laws; allowing the + ordainers to form associations among themselves and their friends, for + their strict and regular observance; and all this for the greater glory of + God, the security of the church, and the honor and advantage of the king + and kingdom.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p., 167. + + ** Brady's App. No. 50. Heming. vol. i. p. 247., Walsing. p. + 97.,Ryley, p. 526. +</pre> + <p> + The barons, in return signed a declaration, in which they acknowledged + that they owed these concessions merely to the king's free grace; promised + that this commission should never be drawn into precedent; and engaged + that the power of the ordainers should expire at the time appointed.[*] + </p> + <p class="side"> + 1311. + </p> + <p> + The chosen junto accordingly framed their ordinances, and presented them + to the king and parliament, for their confirmation in the ensuing year. + Some of these ordinances were laudable, and tended to the regular + execution of justice; such as those requiring sheriffs to be men of + property, abolishing the practice of issuing privy seals for the + suspension of justice, restraining the practice of purveyance, prohibiting + the adulteration and alteration of the coin, excluding foreigners from the + farms of the revenue, ordering all payments to be regularly made into the + exchequer, revoking all late grants of the crown, and giving the parties + damages in the case of vexatious prosecutions. But what chiefly grieved + the king was the ordinance for the removal of evil counsellors, by which a + great number of persons were by name excluded from every office of power + and profit; and Piers Gavaston himself was forever banished the king's + dominions, under the penalty, in case of disobedience, of being declared a + public enemy. Other persons, more agreeable to the barons, were + substituted in all the offices. And it was ordained that, for the future, + all the considerable dignities in the household, as well as by the law, + revenue, and military governments, should be appointed by the baronage in + parliament; and the power of making war, or assembling his military + tenants, should no longer be vested solely in the king, nor be exercised + without the consent of the nobility. + </p> + <p> + Edward, from the same weakness both in his temper and situation which had + engaged him to grant this unlimited commission to the barons, was led to + give a parliamentary sanction to their ordinances; but as a consequence of + the same character, he secretly made a protest against them, and declared + that, since the commission was granted only for the making of ordinances + to the advantage of king and kingdom, such articles as should be found + prejudicial to both, were to be held as not ratified and confirmed.[**] + </p> +<pre xml:space="preserve"> + * Brady's App. No. 51. + + ** Ryley's Placit. Parl. p. 530, 541. +</pre> + <p> + It is no wonder, indeed, that he retained a firm purpose to revoke + ordinances which had been imposed on him by violence, which entirely + annihilated the royal authority, and above all, which deprived him of the + company and society of a person whom, by an unusual infatuation, he valued + above all the world, and above every consideration of interest or + tranquillity. + </p> + <p> + As soon, therefore, as Edward, removing to York, had freed himself from + the immediate terror of the barons' power, he invited back Gavaston from + Flanders, which that favorite had made the place of his retreat; and + declaring his banishment to be illegal, and contrary to the laws and + customs of the kingdom,[*] openly reinstated him in his former credit and + authority. + </p> + <p class="side"> + 1312. + </p> + <p> + The barons, highly provoked at this disappointment, and apprehensive of + danger to themselves from the declared animosity of so powerful a minion, + saw that either his or their ruin was now inevitable; and they renewed + with redoubled zeal their former confederacies against him. The earl of + Lancaster was a dangerous head of this alliance; Guy, earl of Warwick, + entered into it with a furious and precipitate passion; Humphrey Bohun, + earl of Hereford, the constable, and Aymer de Valence, earl of Pembroke, + brought to it a great accession of power and interest; even Earl Warrenne + deserted the royal cause, which he had hitherto supported, and was induced + to embrace the side of the confederates;[**] and as Robert de Winchelsey, + archbishop of Canterbury, professed himself of the same party, he + determined the body of the clergy, and consequently the people, to declare + against the king and his minion. So predominant at that time was the power + of the great nobility, that the combination of a few of them was always + able to shake the throne; and such a universal concurrence became + irresistible. The earl of Lancaster suddenly raised an army, and marched + to York, where he found the king already removed to Newcastle:[***] he + flew thither in pursuit of him, and Edward had just time to escape to + Tinmouth, where he embarked, and sailed with Gavaston to Scarborough. He + left his favorite in that fortress, which, had it been properly supplied + with provisions, was deemed impregnable, and he marched forward to York, + in hopes of raising an army which might be able to support him against his + enemies. + </p> +<pre xml:space="preserve"> + * Brady's App. No. 53. Walsing. p. 98. + + ** Trivet, Cont. p. 4. + + *** Walsing. p. 101. +</pre> + <p> + Pembroke was sent by the confederates to besiege the Castle of + Scarborough, and Gavaston, sensible of the bad condition of his garrison, + was obliged to capitulate, and to surrender himself prisoner.[*] He + stipulated that he should remain in Pembroke's hands for two months; that + endeavors should, during that time, be mutually used for a general + accommodation; that if the terms proposed by the barons were not accepted, + the castle should be restored to him in the same condition as when he + surrendered it; and that the earl of Pembroke and Henry Piercy should, by + contract, pledge all their lands for the fulfilling of these + conditions.[**] Pembroke, now master of the person of this public enemy, + conducted him to the Castle of Dedington, near Banbury, where, on pretence + of other business, he left him, protected by a feeble guard.[***] Warwick, + probably in concert with Pembroke, attacked the castle: the garrison + refused to make any resistance; Gavaston was yielded up to him, and + conducted to Warwick Castle; the earls of Lancaster, Hereford, and Arundel + immediately repaired thither;[****] and, without any regard either to the + laws or the military capitulation, they ordered the head of the obnoxious + favorite to be struck off by the hands of the executioner.[*****] + </p> + <p> + The king had retired northward to Berwick, when he heard of Gavaston's + murder; and his resentment was proportioned to the affection which he had + ever borne him while living. He threatened vengeance on all the nobility + who had been active in that bloody scene; and he made preparations for war + in all parts of England. But being less constant in his enmities than in + his friendships, he soon after hearkened to terms of accommodation; + granted the barons a pardon of all offences; and as they stipulated to ask + him publicly pardon on their knees,[******] he was so pleased with these + vain appearances of submission, that he seemed to have sincerely forgiven + them all past injuries. But as they still pretended, notwithstanding their + lawless conduct, a great anxiety for the maintenance of law, and required + the establishment of their former ordinances, as a necessary security for + that purpose, Edward told them that he was willing to grant them a free + and legal confirmation of such of those ordinances as were not entirely + derogatory to the prerogative of the crown. This answer was received for + the present as satisfactory. The king's person, after the death of + Gavaston, was now become less obnoxious to the public; and as the + ordinances insisted on appeared to be nearly the same with those which had + formerly been extorted from Henry III. by Mountfort, and which had been + attended with so many fatal consequences, they were, on that account, + demanded with less vehemence by the nobility and people. The minds of all + men seemed to be much appeased; the animosities of faction no longer + prevailed; and England, now united under its head, would henceforth be + able, it was hoped, to take vengeance on all its enemies, particularly on + the Scots, whose progress was the object of general resentment and + indignation. + </p> +<pre xml:space="preserve"> + * Walsing, p. 101. + + ** Rymer, vol ii. p. 324. + + *** T de la More, p. 593. + + **** Dugd. Baron, vol. ii. p. 44. + + ****** Ryley, p. 538. Rymer, vol. iii. p. 366. +</pre> + <p> + Immediately after Edward's retreat from Scotland, Robert Bruce left his + fastnesses, in which he intended to have sheltered his feeble army; and + supplying his defect of strength by superior vigor and abilities, he made + deep impression on all his enemies, foreign and domestic. He chased Lord + Argyle and the chieftain of the Macdowals from their hills, and made + himself entirely master of the high country; he thence invaded with + success the Cummins in the low countries of the north: he took the castles + of Inverness, Forfar, and Brechin; he daily gained some new accession of + territory; and what was a more important acquisition, he daily reconciled + the minds of the nobility to his dominion, and enlisted under his standard + every bold leader, whom he enriched by the spoils of his enemies. Sir + James Douglas, in whom commenced the greatness and renown of that warlike + family, seconded him in all his enterprises: Edward Bruce, Robert's own + brother, distinguished himself by acts of valor; and the terror of the + English power being now abated by the feeble conduct of the king, even the + least sanguine of the Scots began to entertain hopes of recovering their + independence; and the whole kingdom, except a few fortresses which he had + not the means to attack, had acknowledged the authority of Robert. + </p> + <p> + In this situation, Edward had found it necessary to grant a truce to + Scotland; and Robert successfully employed the interval in consolidating + his power, and introducing order into the civil government, disjointed by + a long continuance of wars and factions. The interval was very short; the + truce, ill observed on both sides, was at last openly violated, and war + recommenced with greater fury than ever. Robert, not content with + defending himself, had made successful inroads into England, subsisted his + needy followers by the plunder of that country, and taught them to despise + the military genius of a people who had long been the object of their + terror. Edward at last, roused from his lethargy, had marched an army into + Scotland, and Robert, determined not to risk too much against an enemy so + much superior, retired again into the mountains. The king advanced beyond + Edinburgh; but being destitute of provisions, and being ill supported by + the English nobility, who were then employed in framing their ordinances, + he was soon obliged to retreat, without gaining any advantage over the + enemy. But the appearing union of all the parties in England, after the + death of Gavaston, seemed to restore that kingdom to its native force, + opened again the prospect of reducing Scotland, and promised a happy + conclusion to a war, in which both the interests and passions of the + nation were so deeply engaged. + </p> + <p class="side"> + 1314. + </p> + <p> + Edward assembled forces from all quarters, with a view of finishing at one + blow this important enterprise. He summoned the most warlike of his + vassals from Gascony; he enlisted troops from Flanders and other foreign + countries; he invited over great numbers of the disorderly Irish as to a + certain prey; he joined to them a body of the Welsh, who were actuated by + like motives; and, assembling the whole military force of England, he + marched to the frontiers with an army which, according to the Scotch + writers, amounted to a hundred thousand men. + </p> + <p> + The army collected by Robert exceeded not thirty thousand combatants; but + being composed of men who had distinguished themselves by many acts of + valor, who were rendered desperate by their situation, and who were inured + to all the varieties of fortune, they might justly, under such a leader, + be deemed formidable to the most numerous and best appointed armies. The + Castle of Stirling, which, with Berwick, was the only fortress in Scotland + that remained in the hands of the English, had long been besieged by + Edward Bruce: Philip de Mowbray, the governor, after an obstinate defence, + was at last obliged to capitulate, and to promise, that if, before a + certain day, which was now approaching, he were not relieved, he should + open his gates to the enemy.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 481. +</pre> + <p> + Robert, therefore, sensible that here was the ground on which he must + expect the English, chose the field of battle with all the skill and + prudence imaginable, and made the necessary preparations for their + reception. He posted himself at Bannockburn, about two miles from + Stirling, where he had a hill on his right flank, and a morass on his + left; and not content with having taken these precautions to prevent his + being surrounded by the more numerous army of the English, he foresaw the + superior strength of the enemy in cavalry, and made provision against it. + Having a rivulet in front, he commanded deep pits to be dug along its + banks, and sharp stakes to be planted in them; and he ordered the whole to + be carefully covered over with turf.[*] The English arrived in sight on + the evening, and a bloody conflict immediately ensued between two bodies + of cavalry; where Robert, who was at the head of the Scots, engaged in + single combat with Henry de Bohun, a gentleman of the family of Hereford; + and at one stroke cleft his adversary to the chin with a battle-axe, in + sight of the two armies. The English horse fled with precipitation to + their main body. + </p> + <p> + The Scots, encouraged by this favorable event, and glorying in the valor + of their prince, prognosticated a happy issue to the combat on the ensuing + day: the English, confident in their numbers, and elated with former + successes, longed for an opportunity of revenge; and the night, though + extremely short in that season and in that climate, appeared tedious to + the impatience of the several combatants. Early in the morning, Edward + drew out his army, and advanced towards the Scots. The earl of Glocester, + his nephew, who commanded the left wing of the cavalry, impelled by the + ardor of youth, rushed on to the attack without precaution, and fell among + the covered pits, which had been prepared by Bruce for the reception of + the enemy.[**] This body of horse was disordered; Glocester himself was + overthrown and slain: Sir James Douglas, who commanded the Scottish + cavalry, gave the enemy no leisure to rally, but pushed them off the field + with considerable loss, and pursued them in sight of their whole line of + infantry. While the English army were alarmed with this unfortunate + beginning of the action, which commonly proves decisive, they observed an + army on the heights towards the left, which seemed to be marching + leisurely in order to surround them; and they were distracted by their + multiplied fears. This was a number of wagoners and sumpter boys, whom + Robert had collected; and having supplied them with military standards, + gave them the appearance at a distance of a formidable body. + </p> +<pre xml:space="preserve"> + * T. de la More, p. 594. + + ** T. de la More, p. 594. +</pre> + <p> + The stratagem took effect: a panic seized the English: they threw down + their arms and fled: they were pursued with great slaughter for the space + of ninety miles, till they reached Berwick: and the Scots, besides an + inestimable booty, took many persons of quality prisoners, and above four + hundred gentlemen, whom Robert treated with great humanity,[*] and whose + ransom was a new accession of wealth to the victorious army. The king + himself narrowly escaped by taking shelter in Dunbar, whose gates were + opened to him by the earl of March; and he thence passed by sea to + Berwick. + </p> +<pre xml:space="preserve"> + * Ypod. Neust. p. 501. +</pre> + <p> + Such was the great and decisive battle of Bannockburn, which secured the + independence of Scotland, fixed Bruce on the throne of that kingdom, and + may be deemed the greatest overthrow that the English nation, since the + conquest, has ever received. The number of slain on those occasions is + always uncertain, and is commonly much magnified by the victors: but this + defeat made a deep impression on the mind of the English; and it was + remarked that, for some years, the superiority of numbers could encourage + them to keep the field against the Scots. Robert, in order to avail + himself of his present success, entered England, and ravaged all the + northern counties without opposition: he besieged Carlisle; but that place + was saved by the valor of Sir Andrew Harcla, the governor: he was more + successful against Berwick, which he took by assault: and this prince, + elated by his continued prosperity, now entertained hopes of making the + most important conquests on the English. + </p> + <p class="side"> + 1315. + </p> + <p> + He sent over his brother Edward, with an army of six thousand men, into + Ireland; and that nobleman assumed the title of king of that island; he + himself followed soon after with more numerous forces: the horrible and + absurd oppressions which the Irish suffered under the English government, + made them, at first, fly to the standard of the Scots, whom they regarded + as their deliverers: but a grievous famine, which at that time desolated + both Ireland and Britain, reduced the Scottish army to the greatest + extremities; and Robert was obliged to return, with his forces much + diminished, into his own country. His brother, after having experienced a + variety or fortune, was defeated and slain near Dundalk by the English, + commanded by Lord Bermingham: and these projects, too extensive for the + force of the Scottish nation, thus vanished into smoke. + </p> + <p> + Edward, besides suffering those disasters from the invasion of the Scots + and the insurrection of the Irish, was also infested with a rebellion in + Wales; and above all, by the factions of his own nobility, who took + advantage of the public calamities, insulted his fallen fortunes, and + endeavored to establish their own independence on the ruins of the throne. + Lancaster and the barons of his party, who had declined attending him on + his Scottish expedition, no sooner saw him return with disgrace, than they + insisted on the renewal of their ordinances, which, they still pretended, + had validity; and the king's unhappy situation obliged him to submit to + their demands. The ministry was new-modelled by the direction of + Lancaster:[*] that prince was placed at the head of the council: it was + declared, that all the offices should be filled, from time to time, by the + votes of parliament, or rather by the will of the great barons:[**] and + the nation, under this new model of government, endeavored to put itself + in a better posture of defence against the Scots. But the factious nobles + were far from being terrified with the progress of these public enemies: + on the contrary, they founded the hopes of their own future grandeur on + the weakness and distresses of the crown: Lancaster himself was suspected, + with great appearance of reason, of holding a secret correspondence with + the king of Scots: and though he was intrusted with the command of the + English armies, he took care that every enterprise should be disappointed, + and every plan of operations prove unsuccessful. + </p> +<pre xml:space="preserve"> + * Ryley, p, 560. Rymer, vol. iii. p. 722. + + ** Brady vol. ii. p. 122, from the records, App. No. 61. + Ryley p. 560. +</pre> + <p> + All the European kingdoms, especially that of England, were at this time + unacquainted with the office of a prime minister, so well understood at + present in all regular monarchies; and the people could form no conception + of a man who, though still in the rank of a subject, possessed all the + power of a sovereign, eased the prince of the burden of affairs, supplied + his want of experience or capacity, and maintained all the rights of the + crown, without degrading the greatest nobles by their submission to his + temporary authority. Edward was plainly by nature unfit to hold himself + the reins of government: he had no vices, but was unhappy in a total + incapacity for serious business: he was sensible of his own defects, and + necessarily sought to be governed: yet every favorite whom he successively + chose, was regarded as a fellow-subject exalted above his rank and + station: he was the object of envy to the great nobility: his character + and conduct were decried with the people: his authority over the king and + kingdom was considered as a usurpation: and unless the prince had embraced + the dangerous expedient of devolving his power on the earl of Lancaster, + or some mighty baron, whose family interest was so extensive as to be able + alone to maintain his influence, he could expect no peace or tranquillity + upon the throne. + </p> + <p> + The king's chief favorite, after the death of Gavaston, was Hugh le + Despenser, or Spenser, a young man of English birth, of high rank, and of + a noble family.[*] He possessed all the exterior accomplishments of person + and address which were fitted to engage the weak mind of Edward; but was + destitute of that moderation and prudence which might have qualified him + to mitigate the envy of the great, and conduct him through all the perils + of that dangerous station to which he was advanced. His father, who was of + the same name, and who, by means of his son, had also attained great + influence over the king, was a nobleman venerable from his years, + respected through all his past life for wisdom, valor, and integrity, and + well fitted by his talents and experience, could affairs have admitted of + any temperament, to have supplied the defects both of the king and of his + minion.[**] But no sooner was Edward's attachment declared for young + Spenser, than the turbulent Lancaster, and most of the great barons, + regarded him as their rival, made him the object of their animosity, and + formed violent plans for his ruin.[***] They first declared their + discontent by withdrawing from parliament; and it was not long ere they + found a pretence for proceeding to greater extremities against him. + </p> + <p class="side"> + 1321. + </p> + <p> + The king, who set no limits to his bounty toward his minions, had married + the younger Spenser to his niece one of the coheirs of the earl of + Glocester, slain at Bannockburn. The favorite, by his succession to that + opulent family, had inherited great possessions in the marches of + Wales,[****] and being desirous of extending still farther his influence + in those quarters, he is accused of having committed injustice on the + barons of Audley and Ammori, who had also married two sisters of the same + family. + </p> +<pre xml:space="preserve"> + * Dugd. Baron, vol. i. p. 389. + + ** T. de la More, p. 594. + + *** Walsing. p. 113. T. de la More, p. 595. Murimuth, p. 55. + + **** Trivet, Cont. p. 25. +</pre> + <p> + There was likewise a baron in that neighborhood, called William de + Braouse, lord of Gower, who had made a settlement of his estate on John de + Mowbray, his son-in-law; and in case of failure of that nobleman and his + issue, had substituted the earl of Hereford in the succession to the + barony of Gower. Mowbray, on the decease of his father-in-law, entered + immediately in possession of the estate, without the formality of taking + livery and seizin from the crown; but Spenser, who coveted that barony, + persuaded the king to put in execution the rigor of the feudal law, to + seize Gower as escheated to the crown, and to confer it upon him.[*] This + transaction, which was the proper subject of a lawsuit, immediately + excited a civil war in the kingdom. The earls of Lancaster and Hereford + flew to arms: Audle and Ammori joined them with all their forces: the two + Rogers de Mortimer and Roger de Clifford, with many others, disgusted for + private reasons at the Spensers, brought a considerable accession to the + party; and their army being now formidable, they sent a message to the + king, requiring him immediately to dismiss or confine the younger Spenser; + and menacing him, in case of refusal, with renouncing their allegiance to + him, and taking revenge on that minister by their own authority. They + scarcely waited for an answer; but immediately fell upon the lands of + young Spenser, which they pillaged and destroyed; murdered his servants, + drove off his cattle, and burned his houses.[**] They thence proceeded to + commit like devastations on the estates of Spenser the father, whose + character they had hitherto seemed to respect. And having drawn and signed + a formal association among themselves,[***] they marched to London with + all their forces, stationed themselves in the neighborhood of that city, + and demanded of the king the banishment of both the Spensers. + </p> +<pre xml:space="preserve"> + * Monach. Malms. + + ** Murimuth, p. 55. + + *** Tyrrel, vol. ii p. 280, from the register of C. C. + Canterbury. +</pre> + <p> + These noblemen were then absent; the father abroad, the son at sea; and + both of them employed in different commissions: the king therefore + replied, that his coronation oath, by which he was bound to observe the + laws, restrained him from giving his assent to so illegal a demand, or + condemning noblemen who were accused of no crime, nor had any opportunity + afforded them of making answer.[*] Equity and reason were but a feeble + opposition to men who had arms in their hands, and who, being already + involved in guilt, saw no safety but in success and victory. They entered + London with their troops; and giving in to the parliament, which was then + sitting, a charge against the Spensers, of which they attempted not to + prove one article, they procured, by menaces and violence, a sentence of + attainder and perpetual exile against these ministers.[**] This sentence + was voted by the lay barons alone; for the commons, though now an estate + in parliament, were yet of so little consideration, that their assent was + not demanded; and even the votes of the prelates were neglected amidst the + present disorders. The only symptom which these turbulent barons gave of + their regard to law, was their requiring from the king an indemnity for + their illegal proceedings;[***] after which they disbanded their army, and + separated, in security, as they imagined, to their several castles. + </p> + <p> + This act of violence, in which the king was obliged to acquiesce, rendered + his person and his authority so contemptible, that every one thought + himself entitled to treat him with neglect. The queen, having occasion + soon after to pass by the castle of Leeds in Kent, which belonged to the + lord Badlesmere, desired a night's lodging, but was refused admittance; + and some of her attendants, who presented themselves at the gate, were + killed.[****] The insult upon this princess, who had always endeavored to + live on good terms with the barons, and who joined them heartily in their + hatred of the young Spenser, was an action which nobody pretended to + justify; and the king thought that he might, without giving general + umbrage, assemble an army, and take vengeance on the offender. No one came + to the assistance of Badlesmere; and Edward prevailed.[*****] + </p> +<pre xml:space="preserve"> + * Walsing. p. 114. + + ** Tottle's Collect, part ii p. 50. Walsing. p. 114. + + *** Tottle's Collect, part ii. p. 54. Rymer, vol. iii. p. 891. + + **** Rymer, vol. iii. p. 89. Walsing. p. 114, 115. T. de la + Mare, p. 595. Murimuth, p. 56. + +</pre> + <p> + But having now some forces on foot, and having concerted measures with his + friends throughout England, he ventured to take off the mask, to attack + all his enemies, and to recall the two Spensers, whose sentence he + declared illegal, unjust, contrary to the tenor of the Great Charter, + passed without the assent of the prelates, and extorted by violence from + him and the estate of barons.[*] Still the commons were not mentioned by + either party. + </p> + <p class="side"> + 1322. + </p> + <p> + The king had now got the start of the barons, an advantage which, in those + times, was commonly decisive, and he hastened with his army to the marches + of Wales, the chief seat of the power of his enemies, whom he found + totally unprepared for resistance. Many of the barons in those parts + endeavored to appease him by submission:[**] their castles were seized, + and their persons committed to custody. But Lancaster, in order to prevent + the total ruin of his party, summoned together his vassals and retainers; + declared his alliance with Scotland, which had long been suspected; + received the promise of a reënforcement from that country, under the + command of Randolf, earl of Murray, and Sir James Douglas;[***] and being + joined by the earl of Hereford, advanced with all his forces against the + king, who had collected an army of thirty thousand men, and was superior + to his enemies. Lancaster posted himself at Burton upon Trent, and + endeavored to defend the passages of the river:[****] but being + disappointed in that plan of operations, this prince, who had no military + genius, and whose personal courage was even suspected, fled with his army + to the north, in expectation of being there joined by his Scottish + allies.[*****] He was pursued by the king, and his army diminished daily, + till he came to Boroughbridge, where he found Sir Andrew Harcla posted + with some forces on the opposite side of the river, and ready to dispute + the passage with him. He was repulsed in an attempt which he made to force + his way: the earl of Hereford was killed; the whole army of the rebels was + disconcerted: Lancaster himself was become incapable of taking any + measures either for flight or defence; and he was seized without + resistance by Harcla, and conducted to the king.[******] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 907. T. de la More, p. 595. + + ** Walsing. p. 115. Murimuth, p. 57. + + *** Rymer, vol. iii. p. 958. + + **** Walsing. p. 115. + + ****** T. de la More, p. 596. Walsing. p. 116. +</pre> + <p> + In those violent times, the laws were so much neglected on both sides, + that, even where they might, without any sensible inconvenience, have been + observed, the conquerors deemed it unnecessary to pay any regard to them. + Lancaster, who was guilty of open rebellion, and was taken in arms against + his sovereign, instead of being tried by the laws of his country, which + pronounced the sentence of death against him, was condemned by a + court-martial,[*] and led to execution. Edward, however, little vindictive + in his natural temper, here indulged his revenge, and employed against the + prisoner the same indignities which had been exercised by his orders + against Gavaston. He was clothed in a mean attire, placed on a lean jade + without a bridle, a hood was put on his head, and in this posture, + attended by the acclamations of the people, this prince was conducted to + an eminence near Pomfret, one of his own castles, and there beheaded.[**] + </p> +<pre xml:space="preserve"> + * Tyrrel, vol. 11. p. 291. + + ** Leland's Coll. vol. i. p. 668. +</pre> + <p> + Thus perished Thomas, earl of Lancaster, prince of the blood, and one of + the most potent barons that had ever been in England. His public conduct + sufficiently discovers the violence and turbulence of his character: his + private deportment appears not to have been more innocent: and his + hypocritical devotion, by which he gained the favor of the monks and + populace, will rather be regarded as an aggravation than an alleviation of + his guilt. Badlesmere, Giffard, Barret, Cheyney, Fleming, and about + eighteen of the most notorious offenders, were afterwards condemned by a + legal trial, and were executed. Many were thrown into prison: others made + their escape beyond sea: some of the king's servants were rewarded from + the forfeitures: Harcla received for his services the earldom of Carlisle, + and a large estate, which he soon after forfeited with his life, for a + treasonable correspondence with the king of Scotland. But the greater part + of those vast escheats were seized by young Spenser, whose rapacity was + insatiable. Many of the barons of the king's party were disgusted with + this partial division of the spoils: the envy against Spenser rose higher + than ever: the usual insolence of his temper, inflamed by success, + impelled him to commit many acts of violence: the people, who always hated + him, made him still more the object of aversion: all the relations of the + attainted barons and gentlemen secretly vowed revenge: and though + tranquillity was in appearance restored to the kingdom, the general + contempt of the king, and odium against Spenser, bred dangerous humors, + the source of future revolutions and convulsions. + </p> + <p> + In this situation, no success could be expected from foreign wars; and + Edward, after making one more fruitless attempt against Scotland, whence + he retreated with dishonor, found it necessary to terminate hostilities + with that kingdom, by a truce of thirteen years.[*] Robert, though his + title to the crown was not acknowledged in the treaty, was satisfied with + insuring his possession of it during so long a time. He had repelled with + gallantry all the attacks of England: he had carried war both into that + kingdom and into Ireland: he had rejected with disdain the pope's + authority, who pretended to impose his commands upon him, and oblige him + to make peace with his enemies: his throne was firmly established, as well + in the affections of his subjects, as by force of arms: yet there + naturally remained some inquietude in his mind, while at war with a state + which, however at present disordered by faction, was of itself so much an + overmatch for him both in riches and in numbers of people. And this truce + was, at the same time, the more seasonable for England, because the nation + was at that juncture threatened with hostilities from France. + </p> + <p class="side"> + 1324. + </p> + <p> + Philip the Fair, king of France, who died in 1315, had left the crown to + his son Lewis Hutin, who, after a short reign, dying without male issue, + was succeeded by Philip the Long, his brother, whose death soon after made + way for Charles the Fair, the youngest brother of that family. This + monarch had some grounds of complaint against the king's ministers in + Guienne; and as there was no common or equitable judge in that strange + species of sovereignty established by the feudal law, he seemed desirous + to take advantage of Edward's weakness, and under that pretence to + confiscate all his foreign dominions.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 1022. Murimuth, p. 60. + + ** Rymer, vol. iv. p. 74, 98. +</pre> + <p> + After an embassy by the earl of Kent, the king's brother, had been tried + in vain, Queen Isabella obtained permission to go over to Paris, and + endeavor to adjust, in an amicable manner, the difference with her + brother: but while she was making some progress in this negotiation, + Charles started a new pretension, the justice of which could not be + disputed, that Edward himself should appear in his court, and do homage + for the fees which he held in France. But there occurred many difficulties + in complying with this demand. Young Spenser, by whom the king was + implicitly governed, had unavoidably been engaged in many quarrels with + the queen, who aspired to the same influence, and though that artful + princess, on her leaving England, had dissembled her animosity, Spenser, + well acquainted with her secret sentiments, was unwilling to attend his + master to Paris, and appear in a court where her credit might expose him + to insults, if not to danger. He hesitated no less on allowing the king to + make the journey alone; both fearing lest that easy prince should in his + absence fall under other influence, and foreseeing the perils to which he + himself should be exposed if, without the protection of royal authority, + he remained in England where he was so generally hated. + </p> + <p class="side"> + 1325. + </p> + <p> + While these doubts occasioned delays and difficulties, Isabella proposed + that Edward should resign the dominion of Guienne to his son, now thirteen + years of age; and that the prince should come to Paris, and do the homage + which every vassal owed to his superior lord. This expedient, which seemed + so happily to remove all difficulties, was immediately embraced: Spenser + was charmed with the contrivance: young Edward was sent to Paris: and the + ruin covered under this fatal snare, was never perceived or suspected by + any of the English council. + </p> + <p> + The queen, on her arrival in France, had there found a great number of + English fugitives, the remains of the Lancastrian faction; and their + common hatred of Spenser soon begat a secret friendship and correspondence + between them and that princess. Among the rest was young Roger Mortimer, a + potent baron in the Welsh marches, who had been obliged, with others, to + make his submissions to the king, had been condemned for high treason; but + having received a pardon for his life, was afterwards detained in the + Tower, with an intention of rendering his confinement perpetual, He was so + fortunate as to make his escape into France;[*] and being one of the most + considerable persons now remaining of the party, as well as distinguished + by his violent animosity against Spenser, he was easily admitted to pay + his court to Queen Isabella. The graces of his person and address advanced + him quickly in her affections: he became her confident and counsellor in + all her measures; and gaining ground daily upon her heart, he engaged her + to sacrifice at last, to her passion, all the sentiments of honor and of + fidelity to her husband.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 7, 8, 20. T. de la More, p. 596. + Walsing.[** unclear] p. 120. Ypoa. Neust. p. 506. + + ** T. de la More, p. 598. Murimuth, p. 65. +</pre> + <p> + Hating now the man whom she had injured, and whom she never valued, she + entered ardently into all Mortimer's conspiracies; and having artfully + gotten into her hands the young prince, and heir of the monarchy, she + resolved on the utter ruin of the king, as well as of his favorite. She + engaged her brother to take part in the same criminal purpose: her court + was daily filled with the exiled barons: Mortimer lived in the most + declared intimacy with her: a correspondence was secretly carried on with + the malecontent party in England: and when Edward, informed of those + alarming circumstances, required her speedily to return with the prince, + she publicly replied, that she would never set foot in the kingdom till + Spenser was forever removed from his presence and councils; a declaration + which procured her great popularity in England, and threw a decent veil + over all her treasonable enterprises. + </p> + <p> + Edward endeavored to put himself in a posture of defence;[*] but, besides + the difficulties arising from his own indolence and slender abilities, and + the want of authority, which of consequence attended all his resolutions, + it was not easy for him, in the present state of the kingdom and revenue, + to maintain a constant force ready to repel an invasion, which he knew not + at what time or place he had reason to expect. + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 184, 188, 225. +</pre> + <p> + All his efforts were unequal to the traitorous and hostile conspiracies + which, both at home and abroad, were forming against his authority, and + which were daily penetrating farther even into his own family. His + brother, the earl of Kent, a virtuous but weak prince, who was then at + Paris, was engaged by his sister-in-law, and by the king of France, who + was also his cousin-german, to give countenance to the invasion, whose + sole object, he believed, was the expulsion of the Spensers: he prevailed + on his elder brother, the earl of Norfolk, to enter secretly into the same + design: the earl of Leicester, brother and heir of the earl of Lancaster, + had too many reasons for his hatred of these ministers to refuse his + concurrence. Walter de Reynel, archbishop of Canterbury, and many of the + prelates, expressed their approbation of the queen's measures: several of + the most potent barons, envying the authority of the favorite, were ready + to fly to arms: the minds of the people, by means of some truths and many + calumnies, were strongly disposed to the same party: and there needed but + the appearance of the queen and prince, with such a body of foreign troops + as might protect her against immediate violence, to turn all this tempest, + so artfully prepared, against the unhappy Edward. + </p> + <p class="side"> + 1326. + </p> + <p> + Charles, though he gave countenance and assistance to the faction, was + ashamed openly to support the queen and prince against the authority of a + husband and father; and Isabella was obliged to court the alliance of some + other foreign potentate, from whose dominions she might set out on her + intended enterprise. For this purpose, she affianced young Edward, whose + tender age made him incapable to judge of the consequences, with Philippa, + daughter of the count of Holland and Hainault;[*] and having, by the open + assistance of this prince, and the secret protection of her brother, + enlisted in her service near three thousand men, she set sail from the + harbor of Dort, and landed safely, and without opposition, on the coast of + Suffolk. The earl of Kent was in her company: two other princes of the + blood, the earl of Norfolk and the earl of Leicester, joined her soon + after her landing with all their followers: three prelates, the bishops of + Ely, Lincoln, and Hereford, brought her both the force of their vassals + and the authority of their character:[**] even Robert de Watteville, who + had been sent by the king to oppose her progress in Suffolk, deserted to + her with all his forces. To render her cause more favorable, she renewed + her declaration, that the solo purpose of her enterprise was to free the + king and kingdom from the tyranny of the Spensers, and of Chancellor + Baldoc, their creature.[*] The populace were allured by her specious + pretences: the barons thought themselves secure against forfeitures by the + appearance of the prince in her army: and a weak, irresolute king, + supported by ministers generally odious, was unable to stem this torrent, + which bore with such irresistible violence against him. + </p> + <p> + Edward, after trying in vain to rouse the citizens of London to some sense + of duty,[****] departed for the west, where he hoped to meet with a better + reception; and he had no sooner discovered his weakness by leaving the + city, than the rage of the populace broke out without control against him + and his ministers. + </p> +<pre xml:space="preserve"> + * T. de la More, p. 598. + + ** Walsing. p. 123. Ypod. Neust, p. 507. T. de la More, p. + 598., Murimuth, p. 66. + + *** Ypod, Neust. p. 508. + + **** Walsing. p. 123. +</pre> + <p> + They first plundered, then murdered all those who were obnoxious to them: + they seized the bishop of Exeter, a virtuous and loyal prelate, as he was + passing through the streets; and having beheaded him, they threw his body + into the river.[*] They made themselves masters of the Tower by surprise; + then entered into a formal association to put to death, without mercy, + every one who should dare to oppose the enterprise of Queen Isabella, and + of the prince.[**] A like spirit was soon communicated to all other parts + of England; and threw the few servants of the king, who still entertained + thoughts of performing their duty, into terror and astonishment. + </p> + <p> + Edward was hotly pursued to Bristol by the earl of Kent, seconded by the + foreign forces under John de Hainault. He found himself disappointed in + his expectations with regard to the loyalty of those parts; and he passed + over to Wales, where, he flattered himself, his name was more popular, and + which he hoped to find uninfected with the contagion of general rage which + had seized the English.[***] The elder Spenser, created earl of + Winchester, was left governor of the castle of Bristol; but the garrison + mutinied against him, and he was delivered into the hands of his enemies. + This venerable noble, who had nearly reached his ninetieth year, was + instantly without trial, or witness, or accusation, or answer, condemned + to death by the rebellious barons: he was hanged on a gibbet; his body was + cut in pieces, and thrown to the dogs;[****] and his head was sent to + Winchester, the place whose title he bore, and was there set on a pole and + exposed to the insults of the populace. + </p> + <p> + The king, disappointed anew in his expectations of succor from the Welsh, + took shipping for Ireland; but being driven back by contrary winds, he + endeavored to conceal himself in the mountains of Wales: he was soon + discovered, was put under the custody of the earl of Leicester, and was + confined in the castle of Kenilworth. The younger Spenser, his favorite, + who also fell into the hands of his enemies, was executed, like his + father, without any appearance of a legal trial.[*****] + </p> +<pre xml:space="preserve"> + * Walsing. p. 124. T. de la More, p. 599. Murimuth, p. 66. + + ** Walsing. p. 124. + + *** Murimuth, p. 67. + + **** Leland's Coll. vol. ii. p. 673. T. de la More, p. 599. + Walsing. p. 125. M. Froissard, liv. i. chap. 13. + +</pre> + <p> + The earl of Arundel, almost the only man of his rank in England who had + maintained his loyalty, was, without any trial, put to death at the + instigation of Mortimer: Baldoc, the chancellor, being a priest, could not + with safety be so suddenly despatched; but being sent to the bishop of + Hereford's palace in London, he was there, as his enemies probably + foresaw, seized by the populace, was thrown into Newgate, and soon after + expired, from the cruel usage which he had received.[*] Even the usual + reverence paid to the sacerdotal character gave way, with every other + consideration, to the present rage of the people. + </p> + <p class="side"> + 1327. + </p> + <p> + The queen, to avail herself of the prevailing delusion, summoned, in the + king's name, a parliament at Westminster; where, together with the power + of her army, and the authority of her partisans among the barons, who were + concerned to secure their past treasons by committing new acts of violence + against their sovereign, she expected to be seconded by the fury of the + populace, the most dangerous of all instruments, and the least answerable + for their excesses. A charge was drawn up against the king, in which, even + though it was framed by his inveterate enemies, nothing but his narrow + genius, or his misfortunes, were objected to him; for the greatest malice + found no particular crime with which it could reproach this unhappy + prince. He was accused of incapacity for government, of wasting his time + in idle amusements, of neglecting public business, of being swayed by evil + counsellors, of having lost, by his misconduct, the kingdom of Scotland, + and part of Guienne; and to swell the charge, even the death of some + barons, and the imprisonment of some prelates, convicted of treason, were + laid to his account.[**] It was in vain, amidst the violence of arms and + tumult of the people, to appeal either to law or to reason: the deposition + of the king, without any appearing opposition, was voted by parliament: + the prince, already declared regent by his party,[***] was placed on the + throne: and a deputation was sent to Edward at Kenilworth, to require his + resignation, which menaces and terror soon extorted from him. + </p> +<pre xml:space="preserve"> + * Walsing. p. 126. Murimuth, p. 68. + + ** Knyghton, p. 2765, 2766. Brady's App. No. 72. + + *** Rymer, vol. iv. p. 137. Walsing, p. 125. +</pre> + <p> + But it was impossible that the people, however corrupted by the barbarity + of the times, still further inflamed by faction, could forever remain + insensible to the voice of nature. Here a wife had first deserted, next + invaded, and then dethroned her husband; had made her minor son an + instrument in this unnatural treatment of his father; had, by lying + pretences, seduced the nation into a rebellion against their sovereign had + pushed them into violence and cruelties that had dishonored them: all + those circumstances were so odious in themselves, and formed such a + complicated scene of guilt, that the least reflection sufficed to open + men's eyes, and make them detest this flagrant infringement of every + public and private duty. The suspicions which soon arose of Isabella's + criminal commerce with Mortimer, the proofs which daily broke out of this + part of her guilt, increased the general abhorrence against her; and her + hypocrisy, in publicly bewailing with tears the king's unhappy fate,[*] + was not able to deceive even the most stupid and most prejudiced of her + adherents. In proportion as the queen became the object of public hatred + the dethroned monarch, who had been the victim of her crimes and her + ambition, was regarded with pity, with friendship, with veneration: and + men became sensible, that all his misconduct, which faction had so much + exaggerated, had been owing to the unavoidable weakness, not to any + voluntary depravity, of his character. The earl of Leicester, now earl of + Lancaster, to whose custody he had been committed, was soon touched with + those generous sentiments; and besides using his prisoner with gentleness + and humanity, he was suspected to have entertained still more honorable + intentions in his favor. The king, therefore, was taken from his hands, + and delivered over to Lord Berkeley, and Mautravers, and Gournay, who were + intrusted alternately, each for a month, with the charge of guarding him. + While he was in the custody of Berkeley, he was still treated with the + gentleness due to his rank and his misfortunes; but when the turn of + Mautravers and Gournay came, every species of indignity was practised + against him, as if their intention had been to break entirely the prince's + spirit, and to employ his sorrows and afflictions, instead of more violent + and more dangerous expedients, for the instruments of his murder.[**] It + is reported, that one day, when Edward was to be shaved, they ordered cold + and dirty water to be brought from the ditch for that purpose; and when he + desired it to be changed, and was still denied his request, he burst into + tears which bedewed his cheeks; and he exclaimed, that in spite of their + insolence, he should be shaved with clean and warm water.[***] + </p> +<pre xml:space="preserve"> + * Walsing. p. 126 + + ** Anonymi Hist. p. 838. + + *** T. de la Mo'e, p. 602. +</pre> + <p> + But as this method of laying Edward, in his grave appeared still too slow + to the impatient Mortimer, he secretly sent orders to the two keepers, who + were at his devotion instantly to despatch him: and these ruffians + contrived to make the manner of his death as cruel and barbarous as + possible. Taking advantage of Berkeley's sickness, in whose custody he + then was, and who was thereby incapacitated from attending his charge,[*] + they came to Berkeley Castle, and put themselves in possession of the + king's person. They threw him on a bed; held him down violently with a + table, which they flung over him; thrust into his fundament a red-hot + iron, which they inserted through a horn; and though the outward marks of + violence upon his person were prevented by this expedient, the horrid deed + was discovered to all the guards and attendants by the screams with which + the agonizing king filled the castle while his bowels were consuming. + </p> + <p> + Gournay and Mautravers were held in general detestation, and when the + ensuing revolution in England threw their protectors from power, they + found it necessary to provide for their safety by flying the kingdom. + Gournay was afterwards seized at Marseilles, delivered over to the + seneschal of Guienne, put on board a ship with a view of carrying him to + England; but he was beheaded at sea, by secret orders, as was supposed, + from some nobles and prelates in England, anxious to prevent any discovery + which he might make of his accomplices. Mautravers concealed himself for + several years in Germany; but having found means of rendering some service + to Edward III., he ventured to approach his person, threw himself on his + knees before him, submitted to mercy, and received a pardon.[**] + </p> +<pre xml:space="preserve"> + * Cotton's Abridg. p. 8. + + ** Cotton's Abridg. p. 66, 81. Rymer, vol. v. p. 600 +</pre> + <p> + It is not easy to imagine a man more innocent and inoffensive than the + unhappy king whose tragical death we have related; nor a prince less + fitted for governing that fierce and turbulent people subjected to his + authority. He was obliged to devolve on others the weight of government, + which he had neither ability nor inclination to bear: the same indolence + and want of penetration led him to make choice of ministers and favorites + who were not always the best qualified for the trust committed to them: + the seditious grandees, pleased with his weakness, yet complaining of it, + under pretence of attacking his ministers, insulted his person and invaded + his authority: and the impatient populace, mistaking the source of their + grievances, threw all the blame upon the king, and increased the public + disorders by their faction and violence. It was in vain to look for + protection from the laws, whose voice, always feeble in those times, was + not heard amidst the din of arms—what could not defend the king, was + less able to give shelter to any of the people: the whole machine of + government was torn in pieces with fury and violence; and men, instead of + regretting the manners of their age, and the form of their constitution, + which required the most steady and most skilful hand to conduct them, + imputed all errors to the person who had the misfortune to be intrusted + with the reins of empire. + </p> + <p> + But though such mistakes are natural and almost unavoidable while the + events are recent, it is a shameful delusion in modern historians, to + imagine that all the ancient princes who were unfortunate in their + government, were also tyrannical in their conduct; and that the seditions + of the people always proceeded from some invasion of their privileges by + the monarch. Even a great and a good king was not in that age secure + against faction and rebellion, as appears in the case of Henry II.; but a + great king had the best chance, as we learn from the history of the same + period, for quelling and subduing them. Compare the reigns and characters + of Edward I. and II. The father made several violent attempts against the + liberties of the people: his barons opposed him: he was obliged, at least + found it prudent, to submit: but as they dreaded his valor and abilities, + they were content with reasonable satisfaction, and pushed no farther + their advantages against him. The facility and weakness of the son, not + his violence, threw every thing into confusion: the laws and government + were overturned: an attempt to reinstate them was an unpardonable crime: + and no atonement but the deposition and tragical death of the king himself + could give those barons contentment. It is easy to see, that a + constitution which depended so much on the personal character of the + prince, must necessarily, in many of its parts, be a government of will, + not of laws. But always to throw, without distinction, the blame of all + disorders upon the sovereign would introduce a fatal error in politics, + and serve as a perpetual apology for treason and rebellion: as if the + turbulence of the great, and madness of the people, were not, equally with + the tyranny of princes, evils incident to human society, and no less + carefully to be guarded against in every well-regulated constitution. + </p> + <p> + While these abominable scenes passed in England, the theatre of France was + stained with a wickedness equally barbarous, and still more public and + deliberate. The order of knights templars had arisen during the first + fervor of the crusades; and uniting the two qualities the most popular in + that age, devotion and valor, and exercising both in the most popular of + all enterprises, the defence of the Holy Land, they had made rapid + advances in credit and authority, and had acquired, from the piety of the + faithful, ample possessions in every country of Europe, especially in + France. Their great riches, joined to the course of time, had, by degrees, + relaxed the severity of these virtues; and the templars had, in a great + measure, lost that popularity which first raised them to honor and + distinction. Acquainted from experience with the fatigues and dangers of + those fruitless expeditions to the East, they rather chose to enjoy in + ease their opulent revenues in Europe: and being all men of birth, + educated, according to the custom of that age, without any tincture of + letters, they scorned the ignoble occupations of a monastic life, and + passed their time wholly in the fashionable amusements of hunting, + gallantry, and the pleasures of the table. Then rival order, that of St. + John of Jerusalem, whose poverty had as yet preserved them from like + corruptions, still distinguished themselves by their enterprises against + the infidels, and succeeded to all the popularity which was lost by the + indolence and luxury of the templars. But though these reasons had + weakened the foundations of this order, once so celebrated and revered, + the immediate cause of their destruction proceeded from the cruel and + vindictive spirit of Philip the Fair, who, having entertained a private + disgust against some eminent templars, determined to gratify at once his + avidity and revenge, by involving the whole order in an undistinguished + ruin. On no better information than that of two knights, condemned by + their superiors to perpetual imprisonment for their vices and profligacy, + he ordered on one day all the templars in France to be committed to + prison, and imputed to them such enormous and absurd crimes as are + sufficient of themselves to destroy all the credit of the accusation. + Besides their being universally charged with murder, robbery, and vices + the most shocking to nature, every one, it was pretended, whom they + received into their order, was obliged to renounce his Savior, to spit + upon the cross,[*] and to join to this impiety the superstition of + worshipping a gilded head, which was secretly kept in one of their houses + at Marseilles. + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 31, 101. +</pre> + <p> + They also initiated, it was said, every candidate by such infamous rites + as could serve to no other purpose than to degrade the order in his eyes, + and destroy forever the authority of all his superiors over him.[*] Above + a hundred of these unhappy gentlemen were put to the question, in order to + extort from them a confession of their guilt: the more obstinate perished + in the hands of their tormentors: several, to procure immediate ease in + the violence of their agonies, acknowledged whatever was required of them: + forged confessions were imputed to others: and Philip, as if their guilt + were now certain, proceeded to a confiscation of all their treasures. But + no sooner were the templars relieved from their tortures, than, preferring + the most cruel execution to a life with infamy, they disavowed their + confessions, exclaimed against the forgeries, justified the innocence of + their order, and appealed to all the gallant actions performed by them in + ancient or later times, as a full apology for their conduct. The tyrant, + enraged at this disappointment, and thinking himself now engaged in honor + to proceed to extremities, ordered fifty-four of them, whom he branded as + relapsed heretics, to perish by the punishment of fire in his capital: + great numbers expired, after a like manner, in other parts of the kingdom: + and when he found that the perseverance of these unhappy victims, in + justifying to the last their innocence, had made deep impression on the + spectators, he endeavored to overcome the constancy of the templars by new + inhumanities. The grand master of the order, John de Molay, and another + great officer, brother to the sovereign of Dauphiny, were conducted to a + scaffold erected before the church of Notredame, at Paris: a full pardon + was offered them on the one hand; the fire destined for their execution + was shown them on the other: these gallant nobles still persisted in the + protestations of their own innocence and that of their order; and were + instantly hurried into the flames by the executioner.[**] + </p> +<pre xml:space="preserve"> + * It was pretended that he kissed the knights who received + him on the mouth, navel, and breech. Dupuy, p. 15, 6. + Walsing, p. 99. + + ** Vertot, vol. ii. p. 142. +</pre> + <p> + In all this barbarous injustice, Clement V., who was the creature of + Philip, and then resided in France, fully concurred; and without examining + a witness, or making any inquiry into the truth of facts, he summarily, by + the plenitude of his apostolic power, abolished the whole order. The + templars all over Europe were thrown into prison; their conduct underwent + a strict scrutiny; the power of their enemies still pursued and oppressed + them; but nowhere, except in France, were the smallest traces of their + guilt pretended to be found. England sent an ample testimony of their + piety and morals; but as the order was now annihilated, the knights were + distributed into several convents, and their possessions were, by command + of the pope, transferred to the order of St. John.[*] We now proceed to + relate some other detached transactions of the present period. + </p> + <p> + The kingdom of England was afflicted with a grievous famine during several + years of this reign. Perpetual rains and cold weather not only destroyed + the harvest, but bred a mortality among the cattle, and raised every kind + of food to an enormous price.[**] The parliament in 1315 endeavored to fix + more moderate rates to commodities! not sensible that such an attempt was + impracticable, and that, were it possible to reduce the price of + provisions by any other expedient than by introducing plenty, nothing + could be more pernicious and destructive to the public. Where the produce + of a year, for instance, falls so far short as to afford full subsistence + only for nine months, the only expedient for making it last all the + twelve, is to raise the prices, to put the people by that means on short + allowance, and oblige them to save their food till a more plentiful + season. But in reality the increase of prices is a necessary consequence + of scarcity; and laws, instead of preventing it, only aggravate the evil, + by cramping and restraining commerce. The parliament accordingly, in the + ensuing year, repealed their ordinance, which they had found useless and + burdensome.[***] + </p> + <p> + The prices affixed by the parliament are somewhat remarkable: three pounds + twelve shillings of our present money for the best stalled ox; for other + oxen, two pounds eight shillings; a fat hog of two years old, ten + shillings; a fat wether unshorn, a crown; if shorn, three shillings and + sixpence; a fat goose, sevenpence halfpenny; a fat capon, sixpence; a fat + hen, threepence; two chickens, threepence; four pigeons, threepence; two + dozen of eggs, threepence.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 323, 956; vol. iv. p. 47. Ypod. Neust. + p. 606 + + ** Trivet, Cont. p. 17, 18. + + *** Walsing p. 107. + + **** Rot. Parl. 7 Edw. II. n. 35, 36. Ypod. Neust. p. 502. +</pre> + <p> + If we consider these prices, we shall find that butcher's meat, in this + time of great scarcity, must still have been sold, by the parliamentary + ordinance, three times cheaper than our middling prices at present; + poultry somewhat lower, because, being now considered as a delicacy, it + has risen beyond its proportion. In the country places of Ireland and + Scotland, where delicacies bear no price, poultry is at present as cheap, + if not cheaper than butcher's meat. But the inference I would draw from + the comparison of prices is still more considerable: I suppose that the + rates affixed by parliament were inferior to the usual market prices in + those years of famine and mortality of cattle; and that these commodities, + instead of a third, had really risen to a half of the present value. But + the famine at that time was so consuming, that wheat was sometimes sold + for above four pounds ten shillings a quarter,[*] usually for three + pounds;[**] that is, twice our middling prices: a certain proof of the + wretched state of tillage in those ages. We formerly found, that the + middling price of corn in that period was half of the present price; while + the middling price of cattle was only an eighth part: we here find the + same immense disproportion in years of scarcity. It may thence be inferred + with certainty, that the raising of corn was a species of manufactory, + which few in that age could practise with advantage: and there is reason + to think, that other manufactures, more refined, were sold even beyond + their present prices; at least, there is a demonstration for it in the + reign of Henry VII., from the rates affixed to scarlet and other + broadcloth by act of parliament. During all those times it was usual for + the princes and great nobility to make settlements of their velvet beds + and silken robes, in the same manner as of their estates and manors.[***] + In the list of jewels and plate which had belonged to the ostentatious + Gavaston, and which the king recovered from the earl of Lancaster after + the murder of that favorite, we find some embroidered girdles, flowered + shirts, and silk waistcoats.[****] + </p> +<pre xml:space="preserve"> + * Murimuth, p. 48. Walsingham (p. 108) says it rose to six + pounds. + + ** Ypod. Neust. p. 502. Trivet Cont. p. 18. + + *** Dugdale, passim. + + **** Rymer, vol. iii. p. 288 +</pre> + <p> + It was afterwards one article of accusation against that potent and + opulent earl, when he was put to death, that he had purloined some of that + finery of Gavaston's. The ignorance of those ages in manufactures, and + still more their unskilful husbandry, seem a clear proof that the country + was then far from being populous. + </p> + <p> + All trade and manufactures, indeed, were then at a very low ebb. The only + country in the northern parts of Europe, where they seem to have risen to + any tolerable degree of improvement, was Flanders. When Robert, earl of + that country, was applied to by the king, and was desired to break off + commerce with the Scots, whom Edward called his rebels, and represented as + excommunicated on that account by the church, the earl replied, that + Flanders was always considered as common, and free and open to all + nations.[*] + </p> + <p> + The petition of the elder Spenser to parliament, complaining of the + devastation committed on his lands by the barons, contains several + particulars which are curious, and discover the manners of the age.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iii. p. 770. + + ** Brady's Hist. vol. ii. p. 143, from Claus. 15 Edw-II. M, + 14 Dors. in cedula. +</pre> + <p> + He affirms, that they had ravaged sixty-three manors belonging to him, and + he makes his losses amount to forty-six thousand pounds; that is, to one + hundred and thirty-eight thousand of our present money. Among other + particulars, he enumerates twenty-eight thousand sheep, one thousand oxen + and heifers, twelve hundred cows with their breed for two years, five + hundred and sixty cart-horses, two thousand hogs, together with six + hundred bacons, eighty carcasses of beef, and six hundred muttons in the + larder; ten tuns of cider, arms for two hundred men, and other warlike + engines and provisions. The plain inference is, that the greater part of + Spenser's vast estate, as well as the estates of the other nobility, was + farmed by the landlord himself, managed by his stewards or bailiffs, and + cultivated by his villains. Little or none of it was let on lease to + husbandmen: its produce was consumed in rustic hospitality by the baron or + his officers: a great number of idle retainers, ready for any disorder or + mischief, were maintained by him: all who lived upon his estate were + absolutely at his disposal: instead of applying to courts of justice, he + usually sought redress by open force and violence: the great nobility were + a kind of independent potentates, who, if they submitted to any + regulations at all, were less governed by the municipal law than by a rude + species of the law of nations. The method in which we find they treated + the king's favorites and ministers, is a proof of their usual way of + dealing with each other. A party which complains of the arbitrary conduct + of ministers, ought naturally to affect a great regard for the laws and + constitution, and maintain at least the appearance of justice in their + proceedings; yet those barons, when discontented, came to parliament with + an armed force, constrained the king to assent to their measures, and + without any trial, or witness, or conviction, passed, from the pretended + notoriety of facts, an act of banishment or attainder against the + minister, which, on the first revolution of fortune, was reversed by like + expedients. The parliament during factious times was nothing but the organ + of present power. Though the persons of whom it was chiefly composed + seemed to enjoy great independence, they really possessed no true liberty; + and the security of each individual among them was not so much derived + from the general protection of law, as from his own private power and that + of his confederates. The authority of the monarch, though far from + absolute, was irregular, and might often reach him: the current of a + faction might overwhelm him: a hundred considerations of benefits and + injuries, friendships and animosities, hopes and fears, were able to + influence his conduct; and amidst these motives, a regard to equity, and + law, and justice was commonly, in those rude ages, of little moment. Nor + did any man entertain thoughts of opposing present power, who did not deem + himself strong enough to dispute the field with it by force, and was not + prepared to give battle to the sovereign or the ruling party. + </p> + <p> + Before I conclude this reign, I cannot forbear making another remark, + drawn from the detail of losses given in by the elder Spenser; + particularly the great quantity of salted meat which he had in his larder, + six hundred bacons, eighty carcasses of beef, six hundred muttons. We may + observe, that the outrage of which he complained began after the third of + May, or the eleventh, new style, as we learn from the same paper. It is + easy, therefore, to conjecture what a vast store of the same kind he must + have laid up at the beginning of winter; and we may draw a new conclusion + with regard to the wretched state of ancient husbandry, which could not + provide subsistence for the cattle during winter, even in such a temperate + climate as the south of England; for Spenser had but one manor so far + north as Yorkshire. There being few or no enclosures, except perhaps for + deer, no sown grass, little hay, and no other resource for feeding cattle, + the barons, as well as the people, were obliged to kill and salt their + oxen and sheep in the beginning of winter, before they became lean upon + the common pasture; a precaution still practised with regard to oxen in + the least cultivated parts of this island. The salting of mutton is a + miserable expedient, which has every where been long disused. From this + circumstance, however trivial in appearance, may be drawn important + inferences with regard to the domestic economy and manner of life in those + ages. + </p> + <p> + The disorders of the times, from foreign wars and intestine dissensions, + but above all, the cruel famine, which obliged the nobility to dismiss + many of their retainers, increased the number of robbers in the kingdom; + and no place was secure from their incursions.[*] They met in troops like + armies, and over-ran the country. Two cardinals themselves, the pope's + legates, notwithstanding the numerous train which attended them, were + robbed and despoiled of their goods and equipage, when they travelled on + the highway.[**] + </p> + <p> + Among the other wild fancies of the age, it was imagined, that the persons + affected with leprosy (a disease at that time very common, probably from + bad diet) had conspired with the Saracens to poison all the springs and + fountains; and men, being glad of any pretence to get rid of those who + were a burden to them, many of those unhappy people were burnt alive on + this chimerical imputation. Several Jews, also, were punished in their + persons, and their goods were confiscated on the same account.[***] + </p> +<pre xml:space="preserve"> + * Ypod. Neust. p. 502. Walsing. p. 107. + + ** Ypod Neust. p. 503. T. de la More, p. 594. Trivet, Cont. + p, 22. Murimuth, p. 51. + + *** Ypod. Neust. p. 504. +</pre> + <p> + Stowe, in his Survey of London, gives us a curious instance of the + hospitality of the ancient nobility in this period; it is taken from the + accounts of the cofferer or steward of Thomas earl of Lancaster, and + contains the expenses of that earl during the year 1313, which was not a + year of famine. For the pantry, buttery, and kitchen, three thousand four + hundred and five pounds. For three hundred and sixty-nine pipes of red + wine, and two of white, one hundred and four pounds, etc. The whole, seven + thousand three hundred and nine pounds; that is, near twenty-two thousand + pounds of our present money; and making allowance for the cheapness of + commodities, near a hundred thousand pounds. + </p> + <p> + I have seen a French manuscript, containing accounts of some private + disbursements of this king. There is an article, among others, of a crown + paid to one for making the king laugh. To judge by the events of the + reign, this ought not to have been an easy undertaking. + </p> + <p> + This king left four children, two sons and two daughters: Edward, his + eldest son and successor; John, created afterwards earl of Cornwall, who + died young at Perth; Jane, afterwards married to David Bruce, king of + Scotland; and Eleanor, married to Reginald, count of Gueldres. + </p> + <p> + <a name="link2HCH0004" id="link2HCH0004"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XV. + </h2> + <p> + <a name="linkimage-0005" id="linkimage-0005"> + <!-- IMG --></a> <a href="images/1_207_edward3.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_207_edward3_th.jpg" title="Edward III." + alt="1_207_edward3.jpg Edward III. " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0008" id="link2H_4_0008"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + EDWARD III. + </h2> + <p class="side"> + 1327. + </p> + <p> + The violent party which had taken arms against Edward II., and finally + deposed that unfortunate monarch, deemed it requisite for their future + security to pay so far an exterior obeisance to the law, as to desire a + parliamentary indemnity for all their illegal proceedings; on account of + the necessity which, it was pretended, they lay under, of employing force + against the Spensers and other evil counsellors, enemies of the kingdom. + All the attainders, also, which had passed against the earl of Lancaster + and his adherents, when the chance of war turned against them, were easily + reversed during the triumph of their party;[*] and the Spensers, whose + former attainder had been reversed by parliament, were now again, in this + change of fortune, condemned by the votes of their enemies. + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 245, 267, 258, etc. +</pre> + <p> + A council of regency was likewise appointed by parliament, consisting of + twelve persons; five prelates, the archbishops of Canterbury and York, the + bishops of Winchester, Worcester, and Hereford; and seven lay peers, the + earls of Norfolk, Kent, and Surrey, and the lords Wake, Ingham, Piercy, + and Ross. The earl of Lancaster was appointed guardian and protector of + the king's person. But though it was reasonable to expect that, as the + weakness of the former king had given reins to the licentiousness of the + barons, great domestic tranquillity would not prevail during the present + minority; the first disturbance arose from an invasion by foreign enemies. + </p> + <p> + The king of Scots, declining in years and health, but retaining still that + martial spirit which had raised his nation from the lowest ebb of fortune, + deemed the present opportunity favorable for infesting England. He first + made an attempt on the Castle of Norham, in which he was disappointed; he + then collected an army of twenty-five thousand men on the frontiers, and + having given the command to the earl of Murray and Lord Douglas, + threatened an incursion into the northern counties. The English regency, + after trying in vain every expedient to restore peace with Scotland, made + vigorous preparations for war; and besides assembling an English army of + near sixty thousand men, they invited back John of Hainault, and some + foreign cavalry whom they had dismissed, and whose discipline and arms had + appeared superior to those of their own country. Young Edward himself, + burning with a passion for military fame, appeared at the head of these + numerous forces; and marched from Durham, the appointed place of + rendezvous, in quest of the enemy, who had already broken into the + frontiers, and were laying every thing waste around them. + </p> + <p> + Murray and Douglas were the two most celebrated warriors, bred in the long + hostilities between the Scots and English; and their forces, trained in + the same school, and inured to hardships, fatigues, and dangers, were + perfectly qualified, by their habits and manner of life, for that + desultory and destructive war which they carried into England. Except a + body of about four thousand cavalry, well armed, and fit to make a steady + impression in battle, the rest of the army were light-armed troops, + mounted on small horses, which found subsistence every where, and carried + them with rapid and unexpected marches, whether they meant to commit + depredations on the peaceable inhabitants, or to attack an armed enemy, or + to retreat into their own country. Their whole equipage consisted of a bag + of oatmeal, which, as a supply in case of necessity, each soldier carried + behind him; together with a light plate of iron, on which he instantly + baked the meal into a cake in the open fields. But his chief subsistence + was the cattle which he seized; and his cookery was as expeditious as all + his other operations. After flaying the animal, he placed the skin, loose + and hanging in the form of a bag, upon some stakes; he poured water into + it, kindled a fire below, and thus made it serve as a caldron for the + boiling of his victuals.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. iv. chap. 18. +</pre> + <p> + The chief difficulty which Edward met with, after composing some dangerous + frays which broke out between his foreign forces and the English,[*] was + to come up with an army so rapid in its marches, and so little encumbered + in its motions. Though the flame and smoke of burning villages directed + him sufficiently to the place of their encampment, he found, upon hurrying + thither, that they had already dislodged; and he soon discovered, by new + marks of devastation, that they had removed to some distant quarter. After + harassing his army during some time in this fruitless chase, he advanced + northwards, and crossed the Tyne, with a resolution of awaiting them on + their return homewards, and taking vengeance for all their + depredations.[**] But that whole country was already so much wasted by + their frequent incursions, that it could not afford subsistence to his + army; and he was obliged again to return southwards, and change his plan + of operations. He had now lost all track of the enemy; and though he + promised the reward of a hundred pounds a year to any one who should bring + him an account of their motions, he remained inactive some days before he + received any intelligence of them.[***] He found at last that they had + fixed their camp on the southern banks of the Were, as if they intended to + await a battle; but their prudent leaders had chosen the ground with such + judgment, that the English, on their approach, saw it impracticable, + without temerity, to cross the river in their front, and attack them in + their present situation. Edward, impatient for revenge and glory, here + sent them a defiance, and challenged them, if they dared, to meet him in + an equal field, and try the fortune of arms. The bold spirit of Douglas + could ill brook this bravado, and he advised the acceptance of the + challenge; but he was overruled by Murray, who replied to Edward that he + never took the counsel of an enemy in any of his operations. The king, + therefore, kept still his position opposite to the Scots; and daily + expected that necessity would oblige them to change their quarters, and + give him an opportunity of overwhelming them with superior forces. After a + few days, they suddenly decamped, and marched farther up the river; but + still posted themselves in such a manner as to preserve the advantage of + the ground if the enemy should venture to attack them.[****] + </p> +<pre xml:space="preserve"> + * Froissard, liv. iv. chap. 17. + + ** Froissard, liv. iv. chap. 19. + + *** Rymer, vol. iv. p. 312. Froissard, liv. iv. chap. 19. + + **** Froissard, liv. iv. chap. 19. +</pre> + <p> + Edward insisted that all hazards should be run, rather than allow these + ravagers to escape with impunity; but Mortimer's authority prevented the + attack, and opposed itself to the valor of the young monarch. While the + armies lay in this position, an incident happened which had well nigh + proved fatal to the English. Douglas, having gotten the word, and surveyed + exactly the situation of the English camp, entered it secretly in the + night-time, with a body of two hundred determined soldiers, and advanced + to the royal tent, with a view of killing or carrying off the king in the + midst of his army. But some of Edward's attendants, awaking in that + critical moment, made resistance; his chaplain and chamberlain sacrificed + their lives for his safety; the king himself, after making a valorous + defence, escaped in the dark; and Douglas, having lost the greater part of + his followers, was glad to make a hasty retreat with the remainder.[*] + Soon after, the Scottish army decamped without noise in the dead of night; + and having thus gotten the start of the English, arrived without further + loss in their own country. Edward, on entering the place of the Scottish + encampment, found only six Englishmen, whom the enemy, after breaking + their legs, had tied to trees, in order to prevent their carrying any + intelligence to their countrymen.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. iv. chap. 19. Heming. p. 265. Ypod. Neust. + p. 509. Knyghton, p 2552. + + ** Froissard, liv. iv. chap. 19. +</pre> + <p> + The king was highly incensed at the disappointment which he had met with + in his first enterprise, and at the head of so gallant an army. The + symptoms which he had discovered of bravery and spirit gave extreme + satisfaction, and were regarded as sure prognostics of an illustrious + reign: but the general displeasure fell violently on Mortimer, who was + already the object of public odium; and every measure which he pursued + tended to aggravate, beyond all bounds, the hatred of the nation both + against him and Queen Isabella. + </p> + <p> + When the council of regency was formed, Mortimer, though in the plenitude + of his power, had taken no care to insure a place in it; but this + semblance of moderation was only a cover to the most iniquitous and most + ambitious projects. He rendered that council entirely useless, by usurping + to himself the whole sovereign authority; he settled on the queen dowager + the greater part of the royal revenues; he never consulted either the + princes of the blood or the nobility in any public measure; the king + himself was so besieged by his creatures, that no access could be procured + to him; and all the envy which had attended Gavaston and Spenser fell much + more deservedly on the new favorite. + </p> + <p class="side"> + 1328. + </p> + <p> + Mortimer, sensible of the growing hatred of the people, thought it + requisite on any terms to secure peace abroad; and he entered into a + negotiation with Robert Bruce for that purpose. As the claim of + superiority in England, more than any other cause, had tended to inflame + the animosities between the two nations, Mortimer, besides stipulating a + marriage between Jane, sister of Edward, and David, the son and heir of + Robert, consented to resign absolutely this claim, to give up all the + homages done by the Scottish parliament and nobility, and to acknowledge + Robert as independent sovereign of Scotland.[*] In return for these + advantages, Robert stipulated the payment of thirty thousand marks to + England. This treaty was ratified by parliament;[**] but was nevertheless + the source of great discontent among the people, who, having entered + zealously into the pretensions of Edward I., and deeming themselves + disgraced by the successful resistance made by so inferior a nation, were + disappointed, by this treaty, in all future hopes both of conquest and of + vengeance. + </p> + <p> + The princes of the blood, Kent, Norfolk, and Lancaster, were much united + in their councils; and Mortimer entertained great suspicions of their + designs against him. In summoning them to parliament, he strictly + prohibited them, in the king's name, from coming attended by an armed + force; an illegal but usual practice in that age. The three earls, as they + approached to Salisbury, the place appointed for the meeting of + parliament, found, that though they themselves, in obedience to the king's + command, had brought only their usual retinue with them, Mortimer and his + party were attended by all their followers in arms; and they began with + some reason to apprehend a dangerous design against their persons. They + retreated, assembled their retainers, and were returning with an army to + take vengeance on Mortimer; when the weakness of Kent and Norfolk, who + deserted the common cause, obliged Lancaster also to make his + submissions.[***] + </p> +<pre xml:space="preserve"> + * Rymer, p. 837. Heming. p. 270. Anon. Hist p. 392. + + ** Ypod, Neust. p. 510. + + *** Knyghton, p. 2554. +</pre> + <p> + The quarrel by the interposition of the prelates, seemed for the present + to be appeased. + </p> + <p class="side"> + 1329. + </p> + <p> + But Mortimer, in order to intimidate the princes, determined to have a + victim; and the simplicity, with the good intentions of the earl of Kent, + afforded him soon after an opportunity of practising upon him. By himself + and his emissaries he endeavored to persuade that prince that his brother, + King Edward, was still alive, and detained in some secret prison in + England. The earl, whose remorses for the part which he had acted against + the late king probably inclined him to give credit to this intelligence, + entered into a design of restoring him to liberty, of reinstating him on + the throne, and of making thereby some atonement for the injuries which he + himself had unwarily done him.[*] + </p> + <p class="side"> + 1330. + </p> + <p> + After this harmless contrivance had been allowed to proceed a certain + length, the earl was seized by Mortimer, was accused before the + parliament, and condemned, by those slavish though turbulent barons, to + lose his life and fortune. The queen and Mortimer, apprehensive of young + Edward's lenity towards his uncle, hurried on the execution, and the + prisoner was beheaded next day: but so general was the affection borne + him, and such pity prevailed for his unhappy fate, that, though peers had + been easily found to condemn him, it was evening before his enemies could + find an executioner to perform the office.[**] + </p> +<pre xml:space="preserve"> + * Avesbury, p. 8. Anon. Hist. p. 395. + + ** Heming. p. 271. Ypod. Neust. p. 510. Knyghton, p. 2555. +</pre> + <p> + The earl of Lancaster, on pretence of his having assented to this + conspiracy, was soon after thrown into prison: many of the prelates and + nobility were prosecuted: Mortimer employed this engine to crush all his + enemies, and to enrich himself and his family by the forfeitures. The + estate of the earl of Kent was seized for his younger son, Geoffrey: the + immense fortunes of the Spensers and their adherents were mostly converted + to his own use: he affected a state and dignity equal or superior to the + royal: his power became formidable to every one: his illegal practices + were daily complained of: and all parties, forgetting past animosities, + conspired in their hatred of Mortimer. + </p> + <p> + It was impossible that these abuses could long escape the observation of a + prince endowed with so much spirit and judgment as young Edward, who, + being now in his eighteenth year, and feeling himself capable of + governing, repined at being held in fetters by this insolent minister. But + so much was he surrounded by the emissaries of Mortimer, that it behoved + him to conduct the project for subverting him with the same secrecy and + precaution as if he had been forming a conspiracy against his sovereign. + He communicated his intentions to Lord Mountacute, who engaged the Lords + Molins and Clifford, Sir John Nevil of Hornby, Sir Edward Bohun, Ufford, + and others, to enter into their views; and the Castle of Nottingham was + chosen for the scene of the enterprise. The queen dowager and Mortimer + lodged in that fortress: the king also was admitted, though with a few + only of his attendants: and as the castle was strictly guarded, the gates + locked every evening, and the keys carried to the queen, it became + necessary to communicate the design to Sir William Eland, the governor, + who zealously took part in it. By his direction, the king's associates + were admitted through a subterraneous passage, which had formerly been + contrived for a secret outlet from the castle, but was now buried in + rubbish; and Mortimer, without having it in his power to make resistance, + was suddenly seized in an apartment adjoining to the queen's.[*] A + parliament was immediately summoned for his condemnation. He was accused + before that assembly of having usurped regal power from the council of + regency appointed by parliament; of having procured the death of the late + king; of having deceived the earl of Kent into a conspiracy to restore + that prince; of having solicited and obtained exorbitant grants of the + royal demesnes; of having dissipated the public treasure; of secreting + twenty thousand marks of the money paid by the king of Scotland; and of + other crimes and misdemeanors.[**] The parliament condemned him from the + supposed notoriety of the facts, without trial, or hearing his answer, or + examining a witness; and he was hanged on a gibbet at the Elmes, in the + neighborhood of London. It is remarkable, that this sentence was near + twenty years after reversed by parliament, in favor of Mortimer's son; and + the reason assigned was, the illegal manner of proceeding.[***] The + principles of law and justice were established in England, not in such a + degree as to prevent any iniquitous sentence against a person obnoxious to + the ruling party; but sufficient, on the return of his credit, or that of + his friends, to serve as a reason or pretence for its reversal. + </p> +<pre xml:space="preserve"> + * Avesbury, p. 9. + + ** Brady's App. No. 83. Anon. Hist. p. 397, 398. Knyghton, + p. 2556. + + *** Cotton's Abridg. p. 85, 86. +</pre> + <p class="side"> + 1331. + </p> + <p> + Justice was also executed by a sentence of the house of peers on some of + the inferior criminals, particularly on Simon de Bereford: but the barons, + in that act of jurisdiction, entered a protest, that though they had tried + Bereford, who was none of their peers, they should not for the future be + obliged to receive any such indictment. The queen was confined to her own + house at Risings, near London: her revenue was reduced to four thousand + pounds a year:[*] and though the king, during the remainder of her life, + paid her a decent visit once or twice a year, she never was able to + reinstate herself in any credit or authority. + </p> + <p> + Edward, having now taken the reins of government into his own hands, + applied himself, with industry and judgment, to redress all those + grievances which had proceeded either from want of authority in the crown, + or from the late abuses of it. He issued writs to the judges, enjoining + them to administer justice, without paying any regard to arbitrary orders + from the ministers: and as the robbers, thieves, murderers, and criminals + of all kinds, had, during the course of public convulsions, multiplied to + an enormous degree, and were openly protected by the great barons, who + made use of them against their enemies, the king, after exacting from the + peers a solemn promise in parliament, that they would break off all + connections with such malefactors,[**] set himself in earnest to remedy + the evil. Many of these gangs had become so numerous as to require his own + presence to disperse them; and he exerted both courage and industry in + executing this salutary office. The ministers of justice, from his + example, employed the utmost diligence in discovering, pursuing, and + punishing the criminals; and this disorder was by degrees corrected, at + least palliated; the utmost that could be expected with regard to a + disease hitherto inherent in the constitution. + </p> +<pre xml:space="preserve"> + * Cotton's Abridg. p. 10 + + ** Cotton's Abridg. p. 10. +</pre> + <p> + In proportion as the government acquired authority at home, it became + formidable to the neighboring nations; and the ambitious spirit of Edward + sought, and soon found, an opportunity of exerting itself. The wise and + valiant Robert Bruce, who had recovered by arms the independence of his + country, and had fixed it by the last treaty of peace with England, soon + after died, and left David his son, a minor, under the guardianship of + Randolph, earl of Murray, the companion of all his victories. It had been + stipulated in this treaty, that both the Scottish nobility who, before the + commencement of the wars enjoyed lands in England, and the English who + inherited estates in Scotland, should be restored to their respective + possessions:[*] but though this article had been executed pretty regularly + on the part of Edward, Robert, who observed that the estates claimed by + Englishmen were much more numerous and valuable than the others, either + thought it dangerous to admit so many secret enemies into the kingdom, or + found it difficult to wrest from his own followers the possessions + bestowed on them as the reward of former services; and he had protracted + the performance of his part of the stipulation. The English nobles, + disappointed in their expectations, began to think of a remedy; and as + their influence was great in the north, their enmity alone, even though + unsupported by the King of England, became dangerous to the minor prince + who succeeded to the Scottish throne. + </p> + <p class="side"> + 1332. + </p> + <p> + Edward Baliol, the son of that John who was crowned king of Scotland, had + been detained some time a prisoner in England after his father was + released; but having also obtained his liberty, he went over to France, + and resided in Normandy, on his patrimonial estate in that country, + without any thoughts of reviving the claims of his family to the crown of + Scotland. His pretensions, however plausible, had been so strenuously + abjured by the Scots and rejected by the English, that he was universally + regarded as a private person; and he had been thrown into prison on + account of some private offence of which he was accused. Lord Beaumont, a + great English baron, who, in the right of his wife, claimed the earldom of + Buchan in Scotland,[**] found him in this situation; and deeming him a + proper instrument for his purpose, made such interest with the king of + France, who was not aware of the consequences, that he recovered him his + liberty, and brought him over with him to England. + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 384. + + ** Rymer, vol. iv. p. 251. +</pre> + <p> + The injured nobles, possessed of such a head, began to think of + vindicating their rights by force of arms; and they applied to Edward for + his concurrence and assistance. But there were several reasons which + deterred the king from openly avowing their enterprise. In his treaty with + Scotland he had entered into a bond of twenty thousand pounds, payable to + the pope, if within four years he violated the peace; and as the term was + not yet elapsed, he dreaded the exacting of that penalty by the sovereign + pontiff, who possessed so many means of forcing princes to make payment. + He was also afraid that violence and injustice would every where be + imputed to him, if he attacked with superior force a minor king, and a + brother-in-law, whose independent title had so lately been acknowledged by + a solemn treaty. And as the regent of Scotland, on every demand which had + been made of restitution to the English barons, had always confessed the + justice of their claim, and had only given an evasive answer, grounded on + plausible pretences, Edward resolved not to proceed by open violence, but + to employ like artifices against him. He secretly encouraged Baliol in his + enterprise; connived at his assembling forces in the north; and gave + countenance to the nobles who were disposed to join in the attempt. A + force of near two thousand five hundred men was enlisted under Baliol, by + Umfreville, earl of Angus, the lords Beaumont, Ferrars, Fitz-warin, Wake, + Stafford, Talbot, and Moubray. As these adventurers apprehended that the + frontiers would be strongly armed and guarded, they resolved to make their + attack by sea; and having embarked at Ravenspur, they reached in a few + days the coast of Fife. + </p> + <p> + Scotland was at that time in a very different situation from that in which + it had appeared under the victorious Robert. Besides the loss of that + great monarch, whose genius and authority preserved entire the whole + political fabric, and maintained a union among the unruly barons, Lord + Douglas, impatient of rest, had gone over to Spain in a crusade against + the Moors, and had there perished in battle:[*] the earl of Murray, who + had long been declining through age and infirmities, had lately died, and + had been succeeded in the regency by Donald, earl of Marre, a man of much + inferior talents: the military spirit of the Scots, though still unbroken, + was left without a proper guidance and direction: and a minor king seemed + ill qualified to defend an inheritance, which it had required all the + consummate valor and abilities of his father to acquire and maintain. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 21. +</pre> + <p> + But as the Scots were apprised of the intended invasion, great numbers, on + the appearance of the English fleet, immediately ran to the shore, in + order to prevent the landing of the enemy. Baliol had valor and activity, + and he drove back the Scots with considerable loss.[*] He marched westward + into the heart of the country; flattering himself that the ancient + partisans of his family would declare for him. But the fierce animosities + which had been kindled between the two nations, inspiring the Scots with a + strong prejudice against a prince supported by the English, he was + regarded as a common enemy; and the regent found no difficulty in + assembling a great army to oppose him. It is pretended that Marre had no + less than forty thousand men under his banners; but the same hurry and + impatience that made him collect a force, which, from its greatness, was + so disproportioned to the occasion, rendered all his motions unskilful and + imprudent. The River Erne ran between the two armies; and the Scots, + confiding in that security, as well as in their great superiority of + numbers, kept no order in their encampment. Baliol passed the river in the + night-time; attacked the unguarded and undisciplined Scots; threw them + into confusion, which was increased by the darkness, and by their very + numbers, to which they trusted; and he beat them off the field with great + slaughter.[**] But in the morning, when the Scots were at some distance, + they were ashamed of having yielded the victory to so weak a foe, and they + hurried back to recover the honor of the day. Their eager passions urged + them precipitately to battle, without regard to some broken ground which + lay between them and the enemy, and which disordered and confounded their + ranks. Baliol seized the favorable opportunity, advanced his troops upon + them, prevented them from rallying, and anew chased them off the field + with redoubled slaughter. There fell above twelve thousand Scots in this + action; and among these the flower of their nobility; the regent himself, + the earl of Carrick, a natural son of their late king, the earls of Athole + and Monteith, lord Hay of Errol, constable, and the lords Keith and + Lindsey. The loss of the English scarcely exceeded thirty men; a strong + proof, among many others, of the miserable state of military discipline in + those ages.[***] + </p> +<pre xml:space="preserve"> + * Heming. p. 272. Walsing. p. 131. Knyghton, p. 2560. + + ** Knyghton, p. 2561. + + *** Heming. p. 273. Walsing. p. 131. Knyghton, p. 2561. +</pre> + <p> + Baliol soon after made himself master of Perth; but still was not able to + bring over any of the Scots to his party. Patric Dunbar, earl of Marche, + and Sir Archibald Douglas, brother to the lord of that name, appeared at + the head of the Scottish armies, which amounted still to near forty + thousand men; and they purposed to reduce Baliol and the English by + famine. They blockaded Perth by land; they collected some vessels with + which they invested it by water; but Baliol's ships, attacking the + Scottish fleet, gained a complete victory, and opened the communication + between Perth and the sea.[*] The Scotch armies were then obliged to + disband for want of pay and subsistence: the nation was in effect subdued + by a handful of men: each nobleman who found himself most exposed to + danger, successively submitted to Baliol: that prince was crowned at + Scone: David, his competitor, was sent over to France with his betrothed + wife Jane, sister to Edward: and the heads of his party sued to Baliol for + a truce, which he granted them, in order to assemble a parliament in + tranquillity, and have his title recognized by the whole Scottish nation. + </p> +<pre xml:space="preserve"> + * Heming p. 273. Knyghton, p. 2561. +</pre> + <p class="side"> + 1333. + </p> + <p> + But Baliol's imprudence, or his necessities, making him dismiss the + greater part of his English followers, he was, notwithstanding the truce, + attacked of a sudden near Annan, by Sir Archibald Douglas and other + chieftains of that party; he was routed; his brother, John Baliol, was + slain; he himself was chased into England in a miserable condition; and + thus lost his kingdom by a revolution as sudden as that by which he had + acquired it. + </p> + <p> + While Baliol enjoyed his short-lived and precarious royalty, he had been + sensible that, without the protection of England, it would be impossible + for him to maintain possession of the throne; and he had secretly sent a + message to Edward, offering to acknowledge his superiority, to renew the + homage for his crown, and to espouse the princess Jane, if the pope's + consent could be obtained for dissolving her former marriage, which was + not yet consummated. Edward, ambitious of recovering that important + concession, made by Mortimer during his minority, threw off all scruples, + and willingly accepted the offer; but as the dethroning of Baliol had + rendered this stipulation of no effect, the king prepared to reinstate him + in possession of the crown; an enterprise which appeared from late + experience so easy and so little hazardous. As he possessed many popular + arts, he consulted his parliament on the occasion; but that assembly, + finding the resolution already taken, declined giving any opinion, and + only granted him, in order to support the enterprise, an aid of a + fifteenth from the personal estates of the nobility and gentry, and a + tenth of the movables of boroughs. And they added a petition, that the + king would thenceforth live on his own revenue, without grieving his + subjects by illegal taxes, or by the outrageous seizure of their goods in + the shape of purveyance.[*] + </p> + <p> + As the Scots expected that the chief brunt of the war would fall upon + Berwick, Douglas, the regent, threw a strong garrison into that place, + under the command of Sir William Keith, and he himself assembled a great + army on the frontiers, ready to penetrate into England as soon as Edward + should have invested that place. The English army was less numerous, but + better supplied with arms and provisions, and retained in stricter + discipline; and the king, notwithstanding the valiant defence made by + Keith, had in two months reduced the garrison to extremities, and had + obliged them to capitulate: they engaged to surrender, if they were not + relieved within a few days by their countrymen.[**] This intelligence + being conveyed to the Scottish army, which was preparing to invade + Northumberland, changed their plan of operations, and engaged them to + advance towards Berwick, and attempt the relief of that important + fortress. Douglas, who had ever purposed to decline a pitched battle, in + which he was sensible of the enemy's superiority, and who intended to have + drawn out the war by small skirmishes, and by mutually ravaging each + other's country, was forced, by the impatience of his troops, to put the + fate of the kingdom upon the event of one day. He attacked the English at + Halidown Hill, a little north of Berwick; and though his heavy-armed + cavalry dismounted, in order to render the action more steady and + desperate, they were received with such valor by Edward, and were so + galled by the English archers, that they were soon thrown into disorder + and on the fall of Douglas, their general, were totally routed. The whole + army fled in confusion, and the English, but much more the Irish, gave + little quarter in the pursuit: all the nobles of chief distinction were + either slain or taken prisoners: near thirty thousand of the Scots fell in + the action; while the loss of the English amounted only to one knight, one + esquire, and thirteen private soldiers; an inequality almost + incredible.[***] + </p> +<pre xml:space="preserve"> + * Cotton's Abridg. + + ** Rymer, vol. iv. p. 564, 565, 566 + + *** Heming. p. 275, 276, 277. Knyghton, p. 2559. Otterborne, + p 115. +</pre> + <p> + After this fatal blow, the Scottish nobles had no other resource than + instant submission; and Edward, leaving a considerable body with Baliol to + complete the conquest of the kingdom, returned with the remainder of his + army to England. Baliol was acknowledged king by a parliament assembled at + Edinburgh;[*] the superiority of England was again recognized; many of the + Scottish nobility swore fealty to Edward; and to complete the misfortunes + of that nation, Baliol ceded Berwick, Dunbar, Roxburgh, Edinburgh, and all + the south-east counties of Scotland, which were declared to be forever + annexed to the English monarchy.[**] + </p> +<pre xml:space="preserve"> + * Rymer vol. v. p. 590. + + ** Rymer, vol. iv. p. 614. +</pre> + <p class="side"> + 1334. + </p> + <p> + If Baliol on his first appearance was dreaded by the Scots, as an + instrument employed by England for the subjection of the kingdom, this + deed confirmed all their suspicions, and rendered him the object of + universal hatred. Whatever submissions they might be obliged to make, they + considered him not as their prince, but as the delegate and confederate of + their determined enemy: and neither the manners of the age, nor the state + of Edward's revenue, permitting him to maintain a standing army in + Scotland, the English forces were no sooner withdrawn, than the Scots + revolted from Baliol, and returned to their former allegiance under Bruce. + Sir Andrew Murray, appointed regent by the party of this latter prince, + employed with success his valor and activity in many small but decisive + actions against Baliol; and in a short time had almost wholly expelled him + the kingdom. + </p> + <p class="side"> + 1335. + </p> + <p> + Edward was obliged again to assemble an army, and to march into Scotland: + the Scots, taught by experience, withdrew into their hills and fastnesses: + he destroyed the houses and ravaged the estates of those whom he called + rebels: but this confirmed them still further in their obstinate antipathy + to England and to Baliol; and being now rendered desperate, they were + ready to take advantage, on the first opportunity, of the retreat of their + enemy, and they soon reconquered their country from the English. + </p> + <p class="side"> + 1336. + </p> + <p> + Edward made anew his appearance in Scotland with like success: he found + every thing hostile in the kingdom, except the spot on which he was + encamped: and though he marched uncontrolled over the low countries, the + nation itself was farther than ever from being broken and subdued. Besides + being supported by their pride and anger, passions difficult to tame, they + were encouraged, amidst all their calamities, by daily promises of relief + from France; and as war was now likely to break out between that kingdom + and England, they had reason to expect, from this incident, a great + diversion of that force which had so long oppressed and overwhelmed them. + </p> + <p class="side"> + 1337. + </p> + <p> + We now come to a transaction on which depended the most memorable events, + not only of this long and active reign, but of the whole English and + French history during more than a century; and it will therefore be + necessary to give a particular account of the springs and causes of it. + </p> + <p> + It had long been a prevailing opinion, that the crown of France could + never descend to a female; and in order to give more authority to this + maxim, and assign it a determinate origin, it had been usual to derive it + from a clause in the Salian code, the law of an ancient tribe among the + Franks; though that clause, when strictly examined, carries only the + appearance of favoring this principle, and does not really, by the + confession of the best antiquaries, bear the sense commonly imposed upon + it. But though positive law seems wanting among the French for the + exclusion of females, the practice had taken place; and the rule was + established beyond controversy on some ancient as well as some modern + precedents. During the first race of the monarchy, the Franks were so rude + and barbarous a people, that they were incapable of submitting to a female + reign; and in that period of their history there were frequent instances + of kings advanced to royalty, in prejudice of females who were related to + the crown by nearer degrees of consanguinity. These precedents, joined to + like causes, had also established the male succession in the second race; + and though the instances were neither so frequent nor so certain during + that period, the principle of excluding the female line seems still to + have prevailed, and to have directed the conduct of the nation. During the + third race, the crown had descended from father to son for eleven + generations, from Hugh Capet to Lewis Hutin; and thus, in fact, during the + course of nine hundred years, the French monarchy had always been governed + by males, and no female, and none who founded his title on a female, had + ever mounted the throne. Philip the Fair, father of Lewis Hutin, left + three sons, this Lewis, Philip the Long, and Charles the Fair, and one + daughter, Isabella, queen of England. Lewis Hutin, the eldest, left at his + death one daughter, by Margaret, sister to Eudes, duke of Burgundy; and as + his queen was then pregnant, Philip, his younger brother, was appointed + regent, till it should appear whether the child proved a son or a + daughter. The queen bore a male, who lived only a few days: Philip was + proclaimed king: and as the duke of Burgundy made some opposition, and + asserted the rights of his niece, the states of the kingdom, by a solemn + and deliberate decree, gave her an exclusion, and declared all females + forever incapable of succeeding to the crown of France. Philip died after + a short reign, leaving three daughters; and his brother Charles, without + dispute or controversy, then succeeded to the crown. The reign of Charles + was also short; he left one daughter; but as his queen was pregnant, the + next male heir was appointed regent, with a declared right of succession + if the issue should prove female. This prince was Philip de Valois, + cousin-german to the deceased king; being the son of Charles de Valois, + brother of Philip the Fair. The queen of France was delivered of a + daughter: the regency ended; and Philip de Valois was unanimously placed + on the throne of France. + </p> + <p> + The king of England, who was at that time a youth of fifteen years of age, + embraced a notion that he was entitled, in right of his mother, to the + succession of the kingdom, and that the claim of the nephew was preferable + to that of the cousin-german. There could not well be imagined a notion + weaker or worse grounded. The principle of excluding females was of old an + established opinion in France, and had acquired equal authority with the + most express and positive law: it was supported by ancient precedents: it + was confirmed by recent instances, solemnly and deliberately decided: and + what placed it still farther beyond controversy, if Edward was disposed to + question its validity, he thereby cut off his own pretensions; since the + three last kings had all left daughters, who were still alive, and who + stood before him in the order of succession. He was therefore reduced to + assert that, though his mother Isabella was, on account of her sex, + incapable of succeeding, he himself, who inherited through her, was liable + to no such objection, and might claim by the right of propinquity. But, + besides that this pretension was more favorable to Charles, king of + Navarre, descended from the daughter of Lewis Hutin, it was so contrary to + the established principles of succession in every country of Europe,[*] + was so repugnant to the practice both in private and public inheritances, + that nobody in France thought of Edward's claim. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 4. +</pre> + <p> + Philip's title was universally recognized;[*] and he never imagined that + he had a competitor, much less so formidable a one as the king of England. + </p> + <p> + But though the youthful and ambitious mind of Edward had rashly + entertained this notion, he did not think proper to insist on his + pretensions, which must have immediately involved him, on very unequal + terms, in a dangerous and implacable war with so powerful a monarch. + Philip was a prince of mature years, of great experience, and at that time + of an established character both for prudence and valor; and by these + circumstances, as well as by the internal union of his people, and their + acquiescence in his undoubted right, he possessed every advantage above a + raw youth, newly raised, by injustice and violence, to the government of + the most intractable and most turbulent subjects in Europe. But there + immediately occurred an incident which required that Edward should either + openly declare his pretensions, or forever renounce and abjure them. He + was summoned to do homage for Guienne: Philip was preparing to compel him + by force of arms: that country was in a very bad state of defence: and the + forfeiture of so rich an inheritance was, by the feudal law, the immediate + consequence of his refusing or declining to perform the duty of a vassal. + Edward therefore thought it prudent to submit to present necessity: he + went over to Amiens, did homage to Philip, and as there had arisen some + controversy concerning the terms of this submission, he afterwards sent + over a formal deed, in which he acknowledged that he owed liege homage to + France;[**] which was in effect ratifying, and that in the strongest + terms, Philip's title to the crown of that kingdom. His own claim indeed + was so unreasonable, and so thoroughly disavowed by the whole French + nation, that to insist on it was no better than pretending to the violent + conquest of the kingdom; and it is probable that he would never have + further thought of it, had it not been for some incidents which excited an + animosity between the monarchs. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 22. + + ** Rymer, vol. iv. p. 477, 481. Froissard, liv. i. chap. 25. + Anon, Hist. p. 394. Walsing. p. 130. Murimuth, p. 73. 195 +</pre> + <p> + Robert of Artois was descended from the blood royal of France, was a man + of great character and authority, had espoused Philip's sister, and by his + birth, talents, and credit was entitled to make the highest figure, and + fill the most important offices in the monarchy. This prince had lost the + county of Artois, which he claimed as his birthright, by a sentence, + commonly deemed iniquitous, of Philip the Fair; and he was seduced to + attempt recovering possession by an action so unworthy of his rank and + character as a forgery.[*] The detection of this crime covered him with + shame and confusion: his brother-in-law not only abandoned him, but + prosecuted him with violence: Robert, incapable of bearing disgrace, left + the kingdom, and hid himself in the Low Countries: chased from that + retreat by the authority of Philip, he came over to England; in spite of + the French king's menaces and remonstrances, he was favorably received by + Edward; [**] and was soon admitted into the councils and shared the + confidence of that monarch. Abandoning himself to all the movements of + rage and despair, he endeavored to revive the prepossession entertained by + Edward in favor of his title to the crown of France, and even flattered + him that it was not impossible for a prince of his valor and abilities to + render his claim effectual. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 29. + + ** Rymer, vol. iv. p. 747. Froissard, liv. i. chap. 27. +</pre> + <p> + The king was the more disposed to hearken to suggestions of this nature, + because he had, in several particulars, found reason to complain of + Philip's conduct with regard to Guienne, and because that prince had both + given protection to the exiled David Bruce, and supported, at least + encouraged, the Scots in their struggles for independence. Thus resentment + gradually filled the breasts of both monarchs, and made them incapable of + hearkening to any terms of accommodation proposed by the pope, who never + ceased interposing his good offices between them. Philip thought that he + should be wanting to the first principles of policy if he abandoned + Scotland: Edward affirmed that he must relinquish all pretensions to + generosity if he withdrew his protection from Robert. The former, informed + of some preparations for hostilities which had been made by his rival, + issued a sentence of felony and attainder against Robert, and declared + that every vassal of the crown, whether within or without the kingdom, who + gave countenance to that traitor, would be involved in the same sentence; + a menace easy to be understood: the latter, resolute not to yield, + endeavored to form alliances in the Low Countries and on the frontiers of + Germany, the only places from which he either could make an effectual + attack upon France, or produce such a diversion as might save the province + of Guienne, which lay so much exposed to the power of Philip. + </p> + <p> + The king began with opening his intentions to the count of Hainault, his + father-in-law; and having engaged him in his interests, he employed the + good offices and councils of that prince in drawing into his alliance the + other sovereigns of that neighborhood. The duke of Brabant was induced, by + his mediation, and by large remittances of money from England, to promise + his concurrence;[*] the archbishop of Cologne, the duke of Gueldres, the + marquis of Juliers, the count of Namur, the lords of Fauquemont and + Baquen, were engaged by like motives to embrace the English alliance.[**] + These sovereign princes could supply, either from their own states or from + the bordering countries, great numbers of warlike troops; and nought was + wanting to make the force on that quarter very formidable but the + accession of Flanders; which Edward procured by means somewhat + extraordinary and unusual. + </p> + <p> + As the Flemings were the first people in the northern parts of Europe that + cultivated arts and manufactures, the lower ranks of men among them had + risen to a degree of opulence unknown elsewhere to those of their station + in that barbarous age; had acquired privileges and independence, and began + to emerge from that state of vassalage, or rather of slavery, into which + the common people had been universally thrown by the feudal institutions. + It was probably difficult for them to bring their sovereign and their + nobility to conform themselves to the principles of law and civil + government, so much neglected in every other country: it was impossible + for them to confine themselves within the proper bounds in their + opposition and resentment against any instance of tyranny: they had risen + in tumults: had insulted the nobles: had chased their earl into France; + and delivering themselves over to the guidance of a seditious leader, had + been guilty of all that insolence and disorder to which the thoughtless + and enraged populace are so much inclined, wherever they are unfortunate + enough to be their own masters.[***] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 777. + + ** Froissard, liv. iv. chap. 29, 33, 36. + + *** Froissard, liv. i. chap. 30. Meyerus. +</pre> + <p> + Their present leader was James d'Arteville, a brewer in Ghent, who + governed them with a more absolute sway than had ever been assumed by any + of their lawful sovereigns: he placed and displaced the magistrates at + pleasure: he was accompanied by a guard, who, on the least signal from + him, instantly assassinated any man that happened to fall under his + displeasure: all the cities of Flanders were full of his spies: and it was + immediate death to give him the smallest umbrage: the few nobles who + remained in the country, lived in continual terror from his violence: he + seized the estates of all those whom he had either banished or murdered; + and bestowing part on their wives and children, converted the remainder to + his own use.* Such were the first effects that Europe saw of popular + violence, after having groaned, during so many ages, under monarchical and + aristocratical tyranny. + </p> + <p> + James d'Arteville was the man to whom Edward addressed himself for + bringing over the Flemings to his interests; and that prince, the most + haughty and most aspiring of the age, never courted any ally with so much + assiduity and so many submissions as he employed towards this seditious + and criminal tradesman. D'Arteville, proud of these advances from the king + of England, and sensible that the Flemings were naturally inclined to + maintain connections with the English who furnished them the materials of + their woollen manufactures, the chief source of their opulence, readily + embraced the interests of Edward, and invited him over into the Low + Countries. Edward, before he entered on this great enterprise, affected to + consult his parliament, asked their advice, and obtained their consent.[*] + And the more to strengthen his hands, he procured from them a grant of + twenty thousand sacks of wool; which might amount to about a hundred + thousand pounds: this commodity was a good instrument to employ with the + Flemings; and the price of it with his German allies. He completed the + other necessary sums by loans, by pawning the crown jewels, by + confiscating or rather robbing at once all the Lombards, who now exercised + the invidious trade formerly monopolized by the Jews, of lending on + interest;[**] and being attended by a body of English forces, and by + several of his nobility, he sailed over to Flanders. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 30. * Cotton's Abridg. + + ** Dugd. Baron, vol. ii. p. 146. +</pre> + <p class="side"> + 1338. + </p> + <p> + The German princes, in order to justify their unprovoked hostilities + against France, had required the sanction of some legal authority; and + Edward, that he might give them satisfaction on this head, had applied to + Lewis of Bavaria, then emperor, and had been created by him "vicar of the + empire;" an empty title, but which seemed to give him a right of + commanding the service of the princes of Germany.[*] The Flemings, who + were vassals of France, pretending like scruples with regard to the + invasion of their liege lord; Edward, by the advice of d'Arteville, + assumed, in his commissions, the title of king of France; and, in virtue + of this right, claimed their assistance for dethroning Philip de Valois, + the usurper of his kingdom.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 35. + + ** Heming. p. 303. Walsing. p. 143. +</pre> + <p> + This step, which he feared would destroy all future amity between the + kingdoms, and beget endless and implacable jealousies in France, was not + taken by him without much reluctance and hesitation: and not being in + itself very justifiable, it has in the issue been attended with many + miseries to both kingdoms. From this period we may date the commencement + of that great animosity which the English nation have ever since borne to + the French, which has so visible an influence on all future transactions, + and which has been, and continues to be, the spring of many rash and + precipitate resolutions among them. In all the preceding reigns since the + conquest, the hostilities between the two crowns had been only casual and + temporary; and as they had never been attended with any bloody or + dangerous event, the traces of them were easily obliterated by the first + treaty of pacification. The English nobility and gentry valued themselves + on their French or Norman extraction: they affected to employ the language + of that country in all public transactions, and even in familiar + conversation; and both the English court and camp being always full of + nobles who came from different provinces of France, the two people were, + during some centuries, more intermingled together than any two distinct + nations whom we meet with in history. But the fatal pretensions of Edward + III. dissolved all these connections, and left the seeds of great + animosity in both countries, especially among the English. For it is + remarkable, that this latter nation, though they were commonly the + aggressors, and by their success and situation were enabled to commit the + most cruel injuries on the other, have always retained a stronger tincture + of national antipathy; nor is their hatred retaliated on them to an equal + degree by the French. That country lies in the middle of Europe, has been + successively engaged in hostilities with all its neighbors, the popular + prejudices have been diverted into many channels, and, among a people of + softer manners, they never rose to a great height against any particular + nation. + </p> + <p> + Philip made great preparations against the attack from the English, and + such as seemed more than sufficient to secure him from the danger. Besides + the concurrence of all the nobility in his own populous and warlike + kingdom, his foreign alliances were both more cordial and more powerful + than those which were formed by his antagonist. The pope, who, at this + time, lived in Avignon, was dependent on France; and being disgusted at + the connections between Edward and Lewis of Bavaria, whom he had + excommunicated, he embraced with zeal and sincerity the cause of the + French monarch. The king of Navarre, the duke of Brittany, the count of + Bar, were in the same interests; and on the side of Germany, the king of + Bohemia, the Palatine, the dukes of Lorraine and Austria, the bishop of + Liege, the counts of Deuxpont, Vaudemont, and Geneva. The allies of Edward + were in themselves weaker; and having no object but his money, which began + to be exhausted, they were slow in their motions and irresolute in their + measures. + </p> + <p class="side"> + 1339. + </p> + <p> + The duke of Brabant, the most powerful among them, seemed even inclined to + withdraw himself wholly from the alliance; and the king was necessitated + both to give the Brabanters new privileges in trade, and to contract his + son Edward with the daughter of that prince, ere he could bring him to + fulfil his engagements. The summer was wasted in conferences and + negotiations before Edward could take the field; and he was obliged, in + order to allure his German allies into his measures, to pretend that the + first attack should be made upon Cambray, a city of the empire which had + been garrisoned by Philip.[*] But finding, upon trial, the difficulty of + the enterprise, he conducted them towards the frontiers of France; and he + there saw, by a sensible proof, the vanity of his expectations: the count + of Namur, and even the count of Hainault, his brother-in-law (for the old + count was dead,) refused to commence hostilities against their liege lord, + and retired with their troops.[**] So little account did they make of + Edward's pretensions to the crown of France! + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 39. Heming. p. 305. + + ** Froissard, liv. i. chap. 29. +</pre> + <p> + The king, however, entered the enemy's country, and encamped on the fields + of Vironfosse, near Capeile, with an army of near fifty thousand men, + composed almost entirely of foreigners: Philip approached him with an army + of near double the force, composed chiefly of native subjects; and it was + daily expected that a battle would ensue. But the English monarch was + averse to engage against so great a superiority: the French thought it + sufficient if he eluded the attacks of his enemy, without running any + unnecessary hazard. The two armies faced each other for some days: mutual + defiances were sent: and Edward, at last, retired into Flanders, and + disbanded his army.[*] + </p> + <p> + Such was the fruitless and almost ridiculous conclusion of Edward's mighty + preparations; and as his measures were the most prudent that could be + embraced in his situation, he might learn from experience in what a + hopeless enterprise he was engaged. His expenses, though they had led to + no end, had been consuming and destructive; he had contracted near three + hundred thousand pounds of debt;[**] he had anticipated all his revenue; + he had pawned every thing of value which belonged either to himself or his + queen; he was obliged in some measure even to pawn himself to his + creditors, by not sailing to England till he obtained their permission, + and by promising on his word of honor to return in person, if he did not + remit their money. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 41, 42, 43. Heming, p. 307. + Walsing p. 143. + + ** Cotton's Abridg. p. 17. +</pre> + <p> + But he was a prince of too much spirit to be discouraged by the first + difficulties of an undertaking; and he was anxious to retrieve his honor + by more successful and more gallant enterprises. For this purpose he had, + during the course of the campaign, sent orders to summon a parliament by + his son Edward, whom he had left with the title of guardian, and to demand + some supply in his urgent necessities. The barons seemed inclined to grant + his request; but the knights, who often, at this time, acted as a separate + body from the burgesses, made some scruple of taxing their constituents + without their consent; and they desired the guardian to summon a new + parliament, which might be properly empowered for that purpose. The + situation of the king and parliament was for the time, nearly similar to + that which they constantly fell into about the beginning of the last + century; and similar consequences began visibly to appear. The king, + sensible of the frequent demands which he should be obliged to make on his + people, had been anxious to insure to his friends a seat in the house of + commons, and at his instigation the sheriffs and other placemen had made + interest to be elected into that assembly; an abuse which the knights + desired the king to correct by the tenor of his writ of summons, and which + was accordingly remedied. On the other hand, the knights had professedly + annexed conditions to their intended grant, and required a considerable + retrenchment of the royal prerogatives, particularly with regard to + purveyance, and the levying of the ancient feudal aids for knighting the + king's eldest son, and marrying his eldest daughter. The new parliament, + called by the guardian, retained the same free spirit; and though they + offered a large supply of thirty thousand sacks of wool, no business was + concluded; because the conditions which they annexed appeared too high to + be compensated by a temporary concession. But when Edward himself came + over to England, he summoned another parliament, and he had the interest + to procure a supply on more moderate terms. A confirmation of the two + charters, and of the privileges of boroughs, a pardon for old debts and + trespasses, and a remedy for some abuses in the execution of common law, + were the chief conditions insisted on; and the king, in return for his + concessions on these heads, obtained from the barons and knights an + unusual grant for two years, of the ninth sheaf, lamb, and fleece on their + estates, and from the burgesses a ninth of their movables at their true + value. The whole parliament also granted a duty of forty shillings on each + sack of wool exported, on each three hundred woolfells, and on each last + of leather for the same term of years, but dreading the arbitrary spirit + of the crown, they expressly declared, that this grant was to continue no + longer, and was not to be drawn into precedent. Being soon after sensible + that this supply, though considerable, and very unusual in that age, would + come in slowly, and would not answer the king's urgent necessities, + proceeding both from his debts and his preparations for war, they agreed + that twenty thousand sacks of wool should immediately be granted him, and + their value be deducted from the ninths which were afterwards to be + levied. + </p> + <p> + But there appeared at this time another jealousy in the parliament, which + was very reasonable, and was founded on a sentiment that ought to have + engaged them rather to check than support the king in all those ambitious + projects, so little likely to prove successful, and so dangerous to the + nation if they did. Edward, who, before the commencement of the former + campaign, had, in several commissions, assumed the title of king of + France, now more openly, in all public deeds, gave himself that + appellation, and always quartered the arms of France with those of England + in his seals and ensigns. The parliament thought proper to obviate the + consequences of this measure, and to declare that they owed him no + obedience as king of France, and that the two kingdoms must forever remain + distinct and independent.[*] They undoubtedly foresaw that France, if + subdued, would in the end prove the seat of government; and they deemed + this previous protestation necessary, in order to prevent their becoming a + province to that monarchy: a frail security if the event had really taken + place! + </p> +<pre xml:space="preserve"> + * 14 Edward III. +</pre> + <p class="side"> + 1340. + </p> + <p> + As Philip was apprised, from the preparations which were making both in + England and the Low Countries, that he must expect another invasion from + Edward, he fitted out a great fleet of four hundred vessels, manned with + forty thousand men: and he stationed them off Sluise, with a view of + intercepting the king in his passage. The English navy was much inferior + in number, consisting only of two hundred and forty sail; but whether it + were by the superior abilities of Edward, or the greater dexterity of his + seamen, they gained the wind of the enemy, and had the sun in their backs: + and with these advantages began the action. The battle was fierce and + bloody: the English archers, whose force and address were now much + celebrated, galled the French on their approach: and when the ships + grappled together, and the contest became more steady and furious, the + example of the king, and of so many gallant nobles who accompanied him, + animated to such a degree the seamen and soldiery, that they maintained + every where a superiority over the enemy. The French also had been guilty + of some imprudence in taking their station so near the coast of Flanders, + and choosing that place for the scene of action. The Flemings, descrying + the battle, hurried out of their harbors, and brought a reënforcement to + the English; which, coming unexpectedly, had a greater effect than in + proportion to its power and numbers. Two hundred and thirty French ships + were taken: thirty thousand Frenchmen were killed, with two of their + admirals: the loss of the English was inconsiderable, compared to the + greatness and importance of the victory.[*] None of Philip's courtiers, it + is said, dared to inform him of the event; till his fool or jester gave + him a hint, by which he discovered the loss that he had sustained.[**] + </p> + <p> + The lustre of this great success increased the king's authority among his + allies, who assembled their forces with expedition, and joined the English + army. Edward marched to the frontiers of France at the head of above one + hundred thousand men, consisting chiefly of foreigners, a more numerous + army than either before or since has ever been commanded by any king of + England.[***] At the same time the Flemings, to the number of fifty + thousand men, marched out under the command of Robert of Artois, and laid + siege to St. Omer; but this tumultuary army, composed entirely of + tradesmen unexperienced in war, was routed by a sally of the garrison, and + notwithstanding the abilities of their leader, was thrown into such a + panic, that they were instantly dispersed, and never more appeared in the + field. The enterprises of Edward, though not attended with so inglorious + an issue, proved equally vain and fruitless. The king of France had + assembled an army more numerous than the English; was accompanied by all + the chief nobility of his kingdom; was attended by many foreign princes, + and even by three monarchs, the kings of Bohemia, Scotland, and + Navarre:[****] yet he still adhered to the prudent resolution of putting + nothing to hazard; and after throwing strong garrisons into all the + frontier towns, he retired backwards, persuaded that the enemy, having + wasted their force in some tedious and unsuccessful enterprise, would + afford him an easy victory. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 51. Avesbury, p. 56. Heming. p. + 321. + + ** Walsing. p. 148. + + *** Rymer, vol. v. p. 197 + + **** Froissard, liv. i. chap. 57. +</pre> + <p> + Tournay was at that time one of the most considerable cities of Flanders, + containing above sixty thousand inhabitants of all ages, who were + affectionate to the French government: and as the secret of Edward's + designs had not been strictly kept, Philip learned that the English, in + order to gratify their Flemish allies, had intended to open the campaign + with the siege of this place: he took care therefore to supply it with a + garrison of fourteen thousand men, commanded by the bravest nobility of + France; and he reasonably expected that these forces, joined to the + inhabitants, would be able to defend the city against all the efforts of + the enemy. Accordingly Edward, when he commenced the siege about the end + of July found every where an obstinate resistance: the valor of one side + was encountered with equal valor by the other: every assault was repulsed, + and proved unsuccessful: and the king was at last obliged to turn the + siege into a blockade, in hopes that the great numbers of the garrison and + citizens, which had enabled them to defend themselves against his attacks, + would but expose them to be the more easily reduced by famine.[*] The + count of Eu, who commanded in Tournay, as soon as he perceived that the + English had formed this plan of operations endeavored to save his + provisions by expelling all the useless mouths; and the duke of Brabant, + who wished no success to Edward's enterprises, gave every one a free + passage through his quarters. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 54. +</pre> + <p> + After the siege had continued ten weeks, the city was reduced to distress; + and Philip, recalling all his scattered garrisons, advanced towards the + English camp at the head of a mighty army, with an intention of still + avoiding any decisive action, but of seeking some opportunity for throwing + relief into the place. Here Edward, irritated with the small progress he + had hitherto made, and with the disagreeable prospect that lay before him, + sent Philip a defiance by a herald and challenged him to decide their + claims for the crown of France either by single combat, or by an action of + a hundred against a hundred, or by a general engagement. But Philip + replied, that Edward having done homage to him for the duchy of Guienne, + and having solemnly acknowledged him for his superior, it by no means + became him to send a defiance to his liege lord and sovereign: that he was + confident, notwithstanding all Edward's preparations, and his conjunction + with the rebellious Flemings, he himself should soon be able to chase him + from the frontiers of France: that as the hostilities from England had + prevented him from executing his purposed crusade against the infidels, he + trusted in the assistance of the Almighty, who would reward his pious + intentions, and punish the aggressor, whose ill-grounded claims had + rendered them abortive: that Edward proposed a duel on very unequal terms, + and offered to hazard only his own person against both the kingdom of + France and the person of the king: but that, if he would increase the + stake, and put also the kingdom of England on the issue of the duel, he + would, notwithstanding that the terms would still be unequal, very + willingly accept of the challenge.[*] It was easy to see that these mutual + bravadoes were intended only to dazzle the populace, and that the two + kings were too wise to think of executing their pretended purpose. + </p> +<pre xml:space="preserve"> + * Du Tillet, Recueil de Traités, etc. Heming. p. 325, 326. + Walsing, p. 149. +</pre> + <p> + While the French and English armies lay in this situation, and a general + action was every day expected, Jane, countess dowager of Hainault, + interposed with her good offices, and endeavored to conciliate peace + between the contending monarchs, and to prevent any further effusion of + blood. This princess was mother-in-law to Edward, and sister to Philip; + and though she had taken the vows in a convent, and had renounced the + world, she left her retreat on this occasion, and employed all her pious + efforts to allay those animosities which had taken place between persons + so nearly related to her and to each other. As Philip had no material + claims on his antagonist, she found that he hearkened willingly to the + proposals; and even the haughty and ambitious Edward, convinced of his + fruitless attempt, was not averse to her negotiation. He was sensible, + from experience, that he had engaged in an enterprise which far exceeded + his force; and that the power of England was never likely to prevail over + that of a superior kingdom, firmly united under an able and prudent + monarch. He discovered that all the allies whom he could gain by + negotiation were at bottom averse to his enterprise; and though they might + second it to a certain length, would immediately detach themselves, and + oppose its final accomplishment, if ever they could be brought to think + that there was seriously any danger of it. He even saw that their chief + purpose was to obtain money from him; and as his supplies from England + came in very slowly, and had much disappointed his expectations, he + perceived their growing indifference in his cause, and their desire of + embracing all plausible terms of accommodation. Convinced at last that an + undertaking must be imprudent which could only be supported by means so + unequal to the end, he concluded a truce, which left both parties in + possession of their present acquisitions, and stopped all further + hostilities on the side of the Low Countries, Guienne, and Scotland, till + midsummer next.[*] A negotiation was soon after opened at Arras, under the + mediation of the pope's legates; and the truce was attempted to be + converted into a solid peace. Edward here required that Philip should free + Guienne from all claims of superiority, and entirely withdraw his + protection from Scotland: but as he seemed not anywise entitled to make + such high demands, either from his past successes or future prospects, + they were totally rejected by Philip, who agreed only to a prolongation of + the truce. + </p> + <p> + The king of France soon after detached the emperor Lewis from the alliance + of England, and engaged him to revoke the title of imperial vicar, which + he had conferred on Edward.[**] The king's other allies on the frontiers + of France, disappointed in their hopes, gradually withdrew from the + confederacy. And Edward himself, harassed by his numerous and importunate + creditors, was obliged to make his escape by stealth into England. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 64. Avesbury, p. 65. + + ** Heming, p. 352. Ypod. Neust. p. 514. Knyghton, p. 2580. +</pre> + <p> + The unusual tax of a ninth sheaf, lamb, and fleece, imposed by parliament, + together with the great want of money, and still more, of credit in + England, had rendered the remittances to Flanders extremely backward; nor + could it be expected, that any expeditious method of collecting an + imposition, which was so new in itself, and which yielded only a gradual + produce, could possibly be contrived by the king or his ministers. And + though the parliament, foreseeing the inconvenience, had granted, as a + present resource, twenty thousand sacks of wool, the only English goods + that bore a sure price in foreign markets, and were the next to ready + money, it was impossible but the getting possession of such a bulky + commodity, the gathering of it from different parts of the kingdom, and + the disposing of it abroad, must take up more time than the urgency of the + king's affairs would permit, and must occasion all the disappointments + complained of during the course of the campaign. But though nothing had + happened which Edward might not reasonably have foreseen, he was so + irritated with the unfortunate issue of his military operations, and so + much vexed and affronted by his foreign creditors, that he was determined + to throw the blame somewhere off himself and he came in very bad humor + into England. He discovered his peevish disposition by the first act which + he performed after his arrival: as he landed unexpectedly, he found the + Tower negligently guarded; and he immediately committed to prison the + constable and all others who had the charge of that fortress, and he + treated them with unusual rigor.[*] His vengeance fell next on the + officers of the revenue, the sheriffs, the collectors of the taxes, the + undertakers of all kinds; and besides dismissing all of them from their + employments, he appointed commissioners to inquire into their conduct; and + these men, in order to gratify the king's humor, were sure not to find any + person innocent who came before them.[**] Sir John St. Paul, keeper of the + privy seal, Sir John Stonore, chief justice, Andrew Aubrey, mayor of + London, were displaced and imprisoned; as were also the bishop of + Chichester, chancellor, and the bishop of Lichfield, treasurer; Stratford, + archbishop of Canterbury, to whom the charge of collecting the new taxes + had been chiefly intrusted, fell likewise under the king's displeasure; + but being absent at the time of Edward's arrival, he escaped feeling the + immediate effects of it. + </p> +<pre xml:space="preserve"> + * Ypod. Neust. p. 513. + + ** Avesbury, p. 70, Heming p. 326. Walsing. p. 150. +</pre> + <p> + There were strong reasons, which might discourage the kings of England, in + those ages, from bestowing the chief offices of the crown on prelates and + other ecclesiastical persons. These men had so intrenched themselves in + privileges and immunities, and so openly challenged an exemption from all + secular jurisdiction, that no civil penalty could be inflicted on them for + any malversation in office; and as even treason itself was declared to be + no canonical offence, nor was allowed to be a sufficient reason for + deprivation or other spiritual censures, that order of men had insured to + themselves an almost total impunity, and were not bound by any political + law or statute. But, on the other hand, there were many peculiar causes + which favored their promotion. Besides that they possessed almost all the + learning of the age, and were best qualified for civil employments, the + prelates enjoyed equal dignity with the greatest barons, and gave weight + by their personal authority, to the powers intrusted with them; while, at + the same time, they did not endanger the crown by accumulating wealth or + influence in their families, and were restrained, by the decency of their + character, from that open rapine and violence so often practised by the + nobles. These motives had induced Edward, as well as many of his + predecessors, to intrust the chief departments of government in the hands + of ecclesiastics; at the hazard of seeing them disown his authority as + soon as it was turned against them. + </p> + <p class="side"> + 1341. + </p> + <p> + This was the case with Archbishop Stratford. That prelate, informed of + Edward's indignation against him prepared himself for the storm; and not + content with standing upon the defensive, he resolved, by beginning the + attack, to show the king that he knew the privileges of his character, and + had courage to maintain them. He issued a general sentence of + excommunication against all who, on any pretext, exercised violence on the + person or goods of clergymen; who infringed those privileges secured by + the Great Charter, and by ecclesiastical canons; or who accused a prelate + of treason or any other crime, in order to bring him under the king's + displeasure.[*] + </p> +<pre xml:space="preserve"> + * Heming* p. 339. Ang* Sacra, vol. i. p. 21, 22. Walsing. p. + 153. +</pre> + <p> + Even Edward had reason to think himself struck at by this sentence; both + on account of the imprisonment of the two bishops and that of other + clergymen concerned in levying the taxes, and on account of his seizing + their lands and movables, that he might make them answerable for any + balance which remained in their hands. The clergy, with the primate at + their head, were now formed into a regular combination against the king; + and many calumnies were spread against him, in order to deprive him of the + confidence and affections of his people. It was pretended that he meant to + recall the general pardon, and the remission which he had granted of old + debts, and to impose new and arbitrary taxes without consent of + parliament. The archbishop went so far, in a letter to the king himself, + as to tell him, that there were two powers by which the world was + governed, the holy pontifical apostolic dignity, and the royal subordinate + authority: that of these two powers, the clerical was evidently the + supreme; since the priests were to answer, at the tribunal of the divine + judgment, for the conduct of kings themselves: that the clergy were the + spiritual fathers of all the faithful, and amongst others of kings and + princes; and were entitled, by a heavenly charter, to direct their wills + and actions, and to censure their transgressions: and that prelates had + hitherto cited emperors before their tribunal, had sitten in judgment on + their life and behavior, and had anathematized them for their obstinate + offences.[*] These topics were not well calculated to appease Edward's + indignation; and when he called a parliament, he sent not to the primate, + as to the other peers, a summons to attend it. Stratford was not + discouraged at this mark of neglect or anger: he appeared before the + gates, arrayed in his pontifical robes, holding the crosier in his hand + and accompanied by a pompous train of priests and prelates; and he + required admittance as the first and highest peer in the realm. During two + days the king rejected his application: but sensible, either that this + affair might be attended with dangerous consequences, or that in his + impatience he had groundlessly accused the primate of malversation in his + office, which seems really to have been the case, he at last permitted him + to take his seat, and was reconciled to him.[**] + </p> +<pre xml:space="preserve"> + * Ang. Sacra, vol i. p. 27. + + ** Ang. Sacra, p. 28, 39, 40, 41. +</pre> + <p> + Edward now found himself in a bad situation, both with his own people and + with foreign states; and it required all his genius and capacity to + extricate himself from such multiplied difficulties and embarrassments. + His unjust and exorbitant claims on France and Scotland had engaged him in + an implacable war with those two kingdoms, his nearest neighbors: he had + lost almost all his foreign alliances by his irregular payments: he was + deeply involved in debts, for which he owed a consuming interest: his + military operations had vanished into smoke; and, except his naval + victory, none of them had been attended even with glory or renown, either + to himself or to the nation: the animosity between him and the clergy was + open and declared: the people were discontented on account of many + arbitrary measures, in which he had been engaged, and what was more + dangerous, the nobility, taking advantage of his present necessities, were + determined to retrench his power, and by encroaching on the ancient + prerogatives of the crown, to acquire to themselves independence and + authority. But the aspiring genius of Edward, which had so far transported + him beyond the bounds of discretion, proved at last sufficient to + reinstate him in his former authority, and finally to render his reign the + most triumphant that is to be met with in English story; though for the + present he was obliged, with some loss of honor, to yield to the current + which bore so strongly against him. + </p> + <p> + The parliament framed an act which was likely to produce considerable + innovations in the government. They premised, that, whereas the Great + Charter had, to the manifest peril and slander of the king and damage of + his people, been violated in many points, particularly by the imprisonment + of freemen and the seizure of their goods, without suit, indictment, or + trial, it was necessary to confirm it anew, and to oblige all the chief + officers of the law, together with the steward and chamberlain of the + household, the keeper of the privy seal, the controller and treasurer of + the wardrobe, and those who were intrusted with the education of the young + prince, to swear to the regular observance of it. They also remarked, that + the peers of the realm had formerly been arrested and imprisoned, and + dispossessed of their temporalities and lands, and even some of them put + to death, without judgment or trial; and they therefore enacted that such + violences should henceforth cease, and no peer be punished but by the + award of his peers "in parliament." They required, that, whenever any of + the great offices above mentioned became vacant, the king should fill it + by the advice of his council, and the consent of such barons as should at + that time be found to reside in the neighborhood of the court. And they + enacted, that, on the third day of every session, the king should resume + into his own hand all these offices, except those of justices of the two + benches and the barons of exchequer; that the ministers should for the + time be reduced to private persons; that they should in that condition + answer before parliament to any accusation brought against them; and that + if they were found anywise guilty, they should finally be dispossessed of + their offices, and more able persons be substituted in their place.[*] By + these last regulations, the barons approached as near as they durst to + those restrictions which had formerly been imposed on Henry III. and + Edward II., and which, from the dangerous consequences attending them, had + become so generally odious, that they did not expect to have either the + concurrence of the people in demanding the*n, or the assent of the present + king in granting them. + </p> + <p> + * 15 Edward III. + </p> + <p> + In return for these important concessions, the parliament offered the king + a grant of twenty thousand sacks of wool; and his wants were so urgent + from the clamors of his creditors and the demands of his foreign allies, + that he was obliged to accept of the supply on these hard conditions. He + ratified this statute in full parliament: but he secretly entered a + protest of such a nature as was sufficient, one should imagine to destroy + all future trust and confidence with his people; he declared that, as soon + as his convenience permitted, he would, from his own authority, revoke + what had been extorted from him.[*] Accordingly he was no sooner possessed + of the parliamentary supply, than he issued an edict, which contains many + extraordinary positions and pretensions. He first asserts, that that + statute had been enacted contrary to law, as if a free legislative body + could ever do any thing illegal. He next affirms, that as it was hurtful + to the prerogatives of the crown, which he had sworn to defend, he had + only dissembled when he seemed to ratify it, but that he had never in his + own breast given his assent to it. He does not pretend that either he or + the parliament lay under force; but only that some inconvenience would + have ensued, had he not seemingly affixed his sanction to that pretended + statute. He therefore, with the advice of his council and of some earls + and barons, abrogates and annuls it; and though he professes himself + willing and determined to observe such articles of it as were formerly + law, he declares it to have thenceforth no force or authority.[**] The + parliaments that were afterwards assembled took no notice of this + arbitrary exertion of royal power, which, by a parity of reason, left all + their laws at the mercy of the king; and, during the course of two years, + Edward had so far reëstablished his influence, and freed himself from his + present necessities, that he then obtained from his parliament a legal + repeal of the obnoxious statute.[***] This transaction certainly contains + remarkable circumstances, which discover the manners and sentiments of the + age; and may prove what inaccurate work might be expected from such rude + hands, when employed in legislation, and in rearing the delicate fabric of + laws and a constitution. + </p> +<pre xml:space="preserve"> + * Statutes at large, 15 Edward III. That this protest of the + king's was secret appears evidently, since otherwise it + would have been ridiculous in the parliament to have + accepted of his assent: besides, the king owns that he + dissembled, which would not have been the ease had his + protest been public. + + ** Statutes at large, 15 Edward III. + + *** Cotton's Abridg. p. 38, 39. and saw so little prospect + of success, that he would probably have dropped his claim, + had not a revolution in Brittany opened to him more + promising views, and given his enterprising genius a full + opportunity of displaying itself. +</pre> + <p> + But though Edward had happily recovered his authority at home, which had + been impaired by the events of the French war, he had undergone so many + mortifications from that attempt. + </p> + <p> + John III., duke of Brittany, had, during some years, found himself + declining through age and infirmities; and having no issue, he was + solicitous to prevent those disorders to which, on the event of his + demise, a disputed succession might expose his subjects. His younger + brother, the count of Penthiev had left only one daughter, whom the duke + deemed his heir; and as his family had inherited the duchy by a female + succession, he thought her title preferable to that of the count of + Mountfort, who, being his brother by a second marriage, was the male heir + of that principality.[*] He accordingly purposed to bestow his niece in + marriage on some person who might be able to defend her rights; and he + cast his eye on Charles of Blois, nephew of the king of France, by his + mother, Margaret of Valois, sister to that monarch. But as he both loved + his subjects and was beloved by them, he determined not to take this + important step without their approbation; and having assembled the states + of Brittany, he represented to them the advantages of that alliance, and + the prospect which it gave of an entire settlement of the succession. The + Bretons willingly concurred in his choice: the marriage was concluded: all + his vassals, and among the rest the count of Mountfort, swore fealty to + Charles and to his consort, as to their future sovereigns; and every + danger of civil commotions seemed to be obviated, as far as human prudence + could provide a remedy against them. + </p> + <p> + But on the death of this good prince, the ambition of the count of + Mountfort broke through all these regulations, and kindled a war, not only + dangerous to Brittany, but to a great part of Europe. While Charles of + Blois was soliciting at the court of France the investiture of the duchy, + Mountfort was active in acquiring immediate possession of it; and by force + or intrigue he made himself master of Rennes, Nantz, Brest Hennebonne, and + all the most important fortresses, and engaged many considerable barons to + acknowledge his authority.[**] Sensible that he could expect no favor from + Philip, he made a voyage to England, on pretence of soliciting his claim + to the earldom of Richmond, which had devolved to him by his brother's + death; and there, offering to do homage to Edward, as king of France, for + the duchy of Brittany, he proposed a strict alliance for the support of + their mutual pretensions. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 64. + + ** Froissard, liv. i. chap. 65, 66, 67, 68. +</pre> + <p> + Edward saw immediately the advantages attending this treaty: Mountfort, an + active and valiant prince, closely united to him by interest, opened at + once an entrance into the heart of France, and afforded him much more + flattering views than his allies on the side of Germany and the Low + Countries, who had no sincere attachment to his cause, and whose progress + was also obstructed by those numerous fortifications which had been raised + on that frontier. Robert of Artois was zealous in enforcing these + considerations: the ambitious spirit of Edward was little disposed to sit + down under those repulses which he had received, and which he thought had + so much impaired his reputation; and it required a very short negotiation + to conclude a treaty of alliance between two men, who, though their pleas + with regard to the preference of male or female succession were directly + opposite, were intimately connected by their immediate interests.[*] + </p> + <p> + As this treaty was still a secret, Mountfort, on his return, ventured to + appear at Paris, in order to defend his cause before the court of peers; + but observing Philip and his judges to be prepossessed against his title, + and dreading their intentions of arresting him, till he should restore + what he had seized by violence, he suddenly made his escape; and war + immediately commenced between him and Charles of Blois.[**] Philip sent + his eldest son, the duke of Normandy, with a powerful army, to the + assistance of the latter; and Mountfort, unable to keep the field against + his rival, remained in the city of Nantz, where he was besieged. The city + was taken by the treachery of the inhabitants; Mountfort fell into the + hands of his enemies, was conducted as a prisoner to Paris, and was shut + up in the tower of the Louvre.[***] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap, 69. + + ** Froissard, liv. i. chap. 70, 71. + + *** Froissard, liv. i. chap 73. +</pre> + <p class="side"> + 1342. + </p> + <p> + This event seemed to put an end to the pretensions of the count of + Mountfort; but his affairs were immediately retrieved by an unexpected + incident, which inspired new life and vigor into his party. Jane of + Flanders, countess of Mountfort, the most extraordinary woman of the age, + was roused, by the captivity of her husband, from those domestic cares to + which she had hitherto limited her genius; and she courageously undertook + to support the falling fortunes of her family No sooner did she receive + the fatal intelligence, than she assembled the inhabitants of Rennes, + where she then resided; and carrying her infant son in her arms, deplored + to them the calamity of their sovereign. She recommended to their care the + illustrious orphan, the sole male remaining of their ancient princes, who + had governed them with such indulgence and lenity, and to whom they had + ever professed the most zealous attachment. She declared herself willing + to run all hazards with them in so just a cause; discovered the resources + which still remained in the alliance of England; and entreated them to + make one effort against a usurper, who, being imposed on them by the arms + of France, would in return make a sacrifice to his protector of the + ancient liberties of Brittany. The audience, moved by the affecting + appearance, and inspirited by the noble conduct of the princess, vowed to + live and die with her in defending the rights of her family: all the other + fortresses of Brittany embraced the same resolution: the countess went + from place to place encouraging the garrisons, providing them with every + thing necessary for subsistence, and concerting the proper plans of + defence; and after she had put the whole province in a good posture, she + shut herself up in Hennebonne, where she waited with impatience the + arrival of those succors which Edward had promised her. Meanwhile she sent + over her son to England, that she might both put him in a place of safety, + and engage the king more strongly, by such a pledge, to embrace with zeal + the interests of her family. + </p> + <p> + Charles of Blois, anxious to make himself master of so important a + fortress as Hennebonne, and still more to take the countess prisoner, from + whose vigor and capacity all the difficulties to his succession in + Brittany now proceeded, sat down before the place with a great army, + composed of French, Spaniards, Genoese, and some Bretons; and he conducted + the attack with indefatigable industry.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 81. +</pre> + <p> + The defence was no less vigorous: the besiegers were repulsed in every + assault: frequent sallies were made with success by the garrison; and the + countess herself being the most forward in all military operations, every + one was ashamed not to exert himself to the utmost in this desperate + situation. One day, she perceived that the besiegers, entirely occupied in + an attack, had neglected a distant quarter of their camp; and she + immediately sallied forth at the head of a body of two hundred cavalry, + threw them into confusion, did great execution upon them, and set fire to + their tents, baggage, and magazines; but when she was preparing to return, + she found that she was intercepted, and that a considerable body of the + enemy had thrown themselves between her and the gates. She instantly took + her resolution; she ordered her men to disband, and to make the best of + their way by flight to Brest; she met them at the appointed place of + rendezvous, collected another body of five hundred horse, returned to + Hennebonne, broke unexpectedly through the enemy's camp, and was received + with shouts and acclamations by the garrison, who, encouraged by this + reënforcement, and by so rare an example of female valor, determined to + defend themselves to the last extremity. + </p> + <p> + The reiterated attacks, however, of the besiegers had at length made + several breaches in the walls; and it was apprehended that a general + assault, which was every hour expected would overpower the garrison, + diminished in numbers, and extremely weakened with watching and fatigue. + It became necessary to treat of a capitulation; and the bishop of Leon was + already engaged, for that purpose, in a conference with Charles of Blois, + when the countess, who had mounted to a high tower, and was looking + towards the sea with great impatience, descried some sails at a distance. + She immediately exclaimed, "Behold the succors! the English succors! No + capitulation!"[*] This fleet had on board a body of heavy-armed cavalry, + and six thousand archers, whom Edward had prepared for the relief of + Hennebonne, but who had been long detained by contrary winds. They entered + the harbor under the command of Sir Walter Manny, one of the bravest + captains of England: and having inspired fresh courage into the garrison, + immediately sallied forth, beat the besiegers from all their posts, and + obliged them to decamp. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 81. +</pre> + <p> + But notwithstanding this success, the countess of Mountfort found that her + party, overpowered by numbers, was declining in every quarter; and she + went over to solicit more effectual succors from the king of England. + Edward granted her a considerable reënforcement under Robert of Artois, + who embarked on board a fleet of forty-five ships, and sailed to Brittany. + He was met in his passage by the enemy; an action ensued, where the + countess behaved with her wonted valor, and charged the enemy sword in + hand; but the hostile fleets, after a sharp action, were separated by a + storm, and the English arrived safely in Brittany. The first exploit of + Robert was the taking of Vannes, which he mastered by conduct and + address;[*] but he survived a very little time this prosperity. The Breton + noblemen of the party of Charles assembled secretly in arms, attacked + Vannes of a sudden, and carried the place; chiefly by reason of a wound + received by Robert, of which he soon after died at sea, on his return to + England.[**] + </p> + <p> + After the death of this unfortunate prince, the chief author of all the + calamities with which his country was overwhelmed for more than a century, + Edward undertook in person the defence of the countess of Mountfort; and + as the last truce with France was now expired, the war, which the English + and French had hitherto carried on as allies to the competitors for + Brittany, was thenceforth conducted in the name and under the standard of + the two monarchs. The king landed at Morbian, near Vannes, with an army of + twelve thousand men; and being master of the field, he endeavored to give + a lustre to his arms, by commencing at once three important sieges, that + of Vannes, of Rennes, and of Nantz. But by undertaking too much, he failed + of success in all his enterprises. Even the siege of Vannes, which Edward + in person conducted with vigor, advanced but slowly;[***] and the French + had all the leisure requisite for making preparations against him. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 93 + + ** Froissard, liv. i. chap. 94 + + *** Froissard, liv. i. chap. 95. +</pre> + <p> + The duke of Normandy, eldest son of Philip, appeared in Brittany at the + head of an army of thirty thousand infantry and four thousand cavalry; and + Edward was now obliged to draw together all his forces, and to intrench + himself strongly before Vannes, where the duke of Normandy soon after + arrived, and in a manner invested the besiegers. The garrison and the + French camp were plentifully supplied with provisions; while the English, + who durst not make any attempt upon the place in the presence of a + superior army, drew all their subsistence from England, exposed to the + hazards of the sea, and sometimes to those which arose from the fleet of + the enemy. + </p> + <p class="side"> + 1243. + </p> + <p> + In this dangerous situation, Edward willingly hearkened to the mediation + of the pope's legates, the cardinals of Palestrine and Frescati, who + endeavored to negotiate, if not a peace, at east a truce, between the two + kingdoms. A treaty was concluded for a cessation of arms during three + years;[*] and Edward had the abilities, notwithstanding his present + dangerous situation, to procure to himself very equal and honorable terms, + It was agreed that Vannes should be sequestered, during the truce, in the + hands of the legates, to be disposed of afterwards as they pleased; and + though Edward knew the partiality of the court of Rome towards his + antagonists, he saved himself by this device from the dishonor of having + undertaken a fruitless enterprise. It was also stipulated, that all + prisoners should be released, that the places in Brittany should remain in + the hands of the present possessors, and that the allies on both sides + should be comprehended in the truce.[**] Edward, soon after concluding + this treaty, embarked with his army for England. + </p> + <p> + The truce, though calculated for a long time, was of very short duration; + and each monarch endeavored to throw on the other the blame of its + infraction. Of course the historians of the two countries differ in their + account of the matter. It seems probable, however, as is affirmed by the + French writers, that Edward, in consenting to the truce, had no other view + than to extricate himself from a perilous situation into which he had + fallen, and was afterwards very careless in observing it. In all the + memorials which remain on this subject, he complains chiefly of the + punishment inflicted on Oliver de Clisson, John de Montauban, and other + Breton noblemen, who, he says, were partisans of the family of Mountfort, + and consequently under the protection of England.[***] But it appears + that, at the conclusion of the truce, those noblemen had openly, by their + declarations and actions, embraced the cause of Charles of Blois;[****] + and if they had entered into any secret correspondence and engagements + with Edward, they were traitors to their party, and were justly punishable + by Philip and Charles for their breach of faith; nor had Edward any ground + of complaint against France for such severities. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 99. Avesbury, p. 102. + + ** Heming. p. 359. + + *** Rymer. vol. v. p. 453, 454, 459, 466, 496. Heming. 376. + + **** Froissard, liv. i. chap. 96, p. 100. +</pre> + <p class="side"> + 1344. + </p> + <p> + But when he laid these pretended injuries before the parliament, whom he + affected to consult on all occasions, that assembly entered into the + quarrel, advised the king not to be amused by a fraudulent truce, and + granted him supplies for the renewal of the war: the counties were charged + with a fifteenth for two years, and the boroughs with a tenth. The clergy + consented to give a tenth for three years. + </p> + <p> + These supplies enabled the king to complete his military preparations; and + he sent his cousin, Henry, earl of Derby, son of the earl of Lancaster, + into Guienne, for the defence of that province.[*] This prince, the most + accomplished in the English court, possessed to a high degree the virtues + of justice and humanity, as well as those of valor and conduct;[**] and + not content with protecting and cherishing the province committed to his + care, he made a successful invasion on the enemy. He attacked the count of + Lisle, the French general, at Bergerac, beat him from his intrenchments, + and took the place. He reduced a great part of Perigord, and continually + advanced in his conquests, till the count of Lisle, having collected an + army of ten or twelve thousand men, sat down before Auberoche, in hopes of + recovering that place, which had fallen into the hands of the English. + </p> + <p class="side"> + 1345. + </p> + <p> + The earl of Derby came upon him by surprise with only a thousand cavalry, + threw the French into disorder, pushed his advantage, and obtained a + complete victory. Lisle himself, with many considerable nobles, was taken + prisoner.[***] After this important success, Derby made a rapid progress + in subduing the French provinces. He took Monsegur, Monpesat, + Villefranche, Miremont, and Tonnins, with the fortress of Damassen. + Aiguillon, a fortress deemed impregnable, fell into his hands from the + cowardice of the governor. Angouleme was surrendered after a short siege. + The only place where he met with considerable resistance, was Reole, + which, however, was at last reduced, after a siege of above nine + weeks.[****] He made an attempt on Blaye, but thought it more prudent to + raise the siege than waste his time before a place of small + importance.[*****] + </p> +<pre xml:space="preserve"> + * Froissart, liv. i. chap. 103. Avesbury, p. 121. + + ** It is reported of this prince, that having once, before + the attack of a town, promised the soldiers the plunder, one + private man happened to fall upon a great chest full of + money, which he immediately brought to the earl as thinking + it too great for himself to keep possession of it. But Derby + told him, that his promise did not depend on the greatness + or smallness of the sum; and ordered him to keep it all for + his own use. + + *** Froissard, liv. i. chap. 104. + + **** Froissard, liv. i. chap. 110. + +</pre> + <p class="side"> + 1346. + </p> + <p> + The reason why Derby was permitted to make, without opposition, such + progress on the side of Guienne, was the difficulties under which the + French finances then labored, and which had obliged Philip to lay on new + impositions, particularly the duty on salt, to the great discontent, and + almost mutiny, of his subjects. But after the court of France was supplied + with money, great preparations were made: and the duke of Normandy, + attended by the duke of Burgundy and other great nobility, led towards + Guienne a powerful army, which the English could not think of resisting in + the open field. The earl of Derby stood on the defensive, and allowed the + French to carry on at leisure the siege of Angouleme, which was their + first enterprise. John Lord Norwich, the governor, after a brave and + vigorous defence, found himself reduced to such extremities as obliged him + to employ a stratagem, in order to save his garrison, and to prevent his + being reduced to surrender at discretion. He appeared on the walls, and + desired a parley with the duke of Normandy. The prince there told Norwich, + that he supposed he intended to capitulate. "Not at all," replied the + governor: "but as to-morrow is the feast of the Virgin, to whom I know + that you, sir, as well as myself, bear a great devotion, I desire a + cessation of arms for that day." The proposal was agreed to; and Norwich, + having ordered his forces to prepare all their baggage, marched out next + day, and advanced towards the French camp. The besiegers, imagining they + were to be attacked, ran to their arms; but Norwich sent a messenger to + the duke, reminding him of his engagement. The duke, who piqued himself on + faithfully keeping his word exclaimed, "I see the governor has outwitted + me: but let us be content with gaining the place." And the English were + allowed to pass through the camp unmolested.[*] After some other + successes, the duke of Normandy laid siege to Aiguillon; and as the + natural strength of the fortress, together with a brave garrison under the + command of the earl of Pembroke and Sir Walter Manny, rendered it + impossible to take the place by assault, he purposed, after making several + fruitless attacks,[**] to reduce it by famine: but before he could finish + this enterprise, he was called to another quarter of the kingdom by one of + the greatest disasters that ever befell the French monarchy.[***] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 120. + + ** Froissard, liv. i. chap. 121. + + *** Froissard, liv. i. chap. 134. +</pre> + <p> + Edward, informed by the earl of Derby of the great danger to which Guienne + was exposed, had prepared a force with which he intended in person to + bring it relief. He embarked at Southampton on board a fleet of near a + thousand sail of all dimensions; and carried with him, besides all the + chief nobility of England, his eldest son, the prince of Wales, now + fifteen years of age. The winds proved long contrary;[*] and the king, in + despair of arriving in time at Guienne, was at last persuaded, by Geoffrey + d'Harcourt, to change the destination of his enterprise. This nobleman was + a Norman by birth, had long made a considerable figure in the court of + France, and was generally esteemed for his personal merit and his valor; + but being disobliged and persecuted by Philip, he had fled into England; + had recommended himself to Edward, who was an excellent judge of men; and + had succeeded to Robert of Artois in the invidious office of exciting and + assisting the king in every enterprise against his native country. He had + long insisted, that an expedition to Normandy promised, in the present + circumstances, more favorable success than one to Guienne; that Edward + would find the northern provinces almost destitute of military force, + which had been drawn to the south; that they were full of flourishing + cities, whose plunder would enrich the English; that their cultivated + fields, as yet unspoiled by war, would supply them with plenty of + provisions; and that the neighborhood of the capital rendered every event + of importance in those quarters.[**] These reasons, which had not before + been duly weighed by Edward, began to make more impression after the + disappointments which he had met with in his voyage to Guienne: he ordered + his fleet to sail to Normandy, and safely disembarked his army at La + Hogue. + </p> +<pre xml:space="preserve"> + * Avesbury, p. 123. + + ** Froissard, liv. i. chap. 121. +</pre> + <p> + This army, which, during the course of the ensuing campaign, was crowned + with the most splendid success, consisted of four thousand men at arms, + ten thousand archers, ten thousand Welsh infantry, and six thousand Irish. + The Welsh and the Irish were light, disorderly troops, fitter for doing + execution in a pursuit, or scouring the country, than for any stable + action. The bow was always esteemed a frivolous weapon, where true + military discipline was known, and regular bodies of well-armed foot + maintained. The only solid force in this army were the men at arms; and + even these, being cavalry, were on that account much inferior in the shock + of battle to good infantry: and as the whole were new-levied troops, we + are led to entertain a very mean idea of the military force of those ages, + which, being ignorant of every other art, had not properly cultivated the + art of war itself, the sole object of general attention. + </p> + <p> + The king created the earl of Arundel constable of his army and the earls + of Warwick and Harcourt mareschals: he bestowed the honor of knighthood on + the prince of Wales and several of the young nobility, immediately upon + his landing. After destroying all the ships in La Hogue, Barfleur, and + Cherbourg, he spread his army over the whole country, and gave them an + unbounded license of burning, spoiling, and plundering every place of + which they became masters. The loose discipline then prevalent could not + be much hurt by these disorderly practices; and Edward took care to + prevent any surprise, by giving orders to his troops, however they might + disperse themselves in the day-time, always to quarter themselves at night + near the main body. In this manner, Montebourg, Carentan, St. Lo, + Valognes, and other places in the Cotentin, were pillaged without + resistance; and a universal consternation was spread over the province.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 122. +</pre> + <p> + The intelligence of this unexpected invasion soon reached Paris, and threw + Philip into great perplexity. He issued orders, however, for levying + forces in all quarters, and despatched the count of Eu, constable of + France, and the count of Tancarville, with a body of troops, to the + defence of Caen, a populous and commercial but open city, which lay in the + neighborhood of the English army. The temptation of so rich a prize soon + allured Edward to approach it; and the inhabitants, encouraged by their + numbers, and by the reënforcements which they daily received from the + country, ventured to meet him in the field. But their courage failed them + on the first shock: they fled with precipitation: the counts of Eu and + Tancarville were taken prisoners: the victors entered the city along with + the vanquished, and a furious massacre commenced, without distinction of + age, sex, or condition. The citizens, in despair, barricaded their and + assaulted the English with stones, bricks, and every missile weapon: the + English made way by fire to the destruction of the citizens; till Edward, + anxious to save both his spoil and his soldiers, stopped the massacre; and + having obliged the inhabitants to lay down their arms, gave his troops + license to begin a more regular and less hazardous plunder of the city. + The pillage continued for three days: the king reserved for his own share + the jewels, plate, silks, fine cloth, and fine linen; and he bestowed all + the remainder of the spoil on his army. The whole was embarked on board + the ships, and sent over to England, together with three hundred of the + richest citizens of Caen, whose ransom was an additional profit, which he + expected afterwards to levy.[*] This dismal scene passed in the presence + of two cardinal legates, who had come to negotiate a peace between the + kingdoms. + </p> + <p> + The king moved next to Rouen, in hopes of treating that city in the same + manner; but found that the bridge over the Seine was already broken down, + and that the king of France himself was arrived there with his army. He + marched along the banks of that river towards Paris, destroying the whole + country, and every town and village which he met with on his road.[**] + Some of his light troops carried their ravages even to the gates of Paris; + and the royal palace of St. Germains, together with Nanterre, Ruelle, and + other villages, was reduced to ashes within sight of the capital. + </p> +<pre xml:space="preserve"> + * Froissord, liv. i. chap. 124. + + ** Froissard, liv. i. chap. 125. +</pre> + <p> + The English intended to pass the river at Poissy, but found the French + army encamped on the opposite banks, and the bridge at that place, as well + as all others over the Seine, broken down by orders from Philip. Edward + now saw that the French meant to enclose him in their country, in hopes of + attacking him with advantage on all sides: but he saved himself by a + stratagem from this perilous situation. He gave his army orders to + dislodge, and to advance farther up the Seine; but immediately returning + by the same road, he arrived at Poissy, which the enemy had already + quitted, in order to attend his motions. He repaired the bridge with + incredible celerity, passed over his army, and having thus disengaged + himself from the enemy, advanced by quick marches towards Flanders. His + vanguard, commanded by Harcourt, met with the townsmen of Amiens, who were + hastening to reënforce their king, and defeated them with great + slaughter;[*] he passed by Beauvais, and burned the suburbs of that city: + but as he approached the Somme, he found himself in the same difficulty as + before; all the bridges on that river were either broken down or strongly + guarded: an army, under the command of Godemar de Faye, was stationed on + the opposite banks: Philip was advancing on him from the other quarter, + with an army of a hundred thousand men; and he was thus exposed to the + danger of being enclosed, and of starving in an enemy's country. In this + extremity, he published a reward to any one that should bring him + intelligence of a passage over the Somme. A peasant, called Gobin Agace, + whose name has been preserved by the share which he had in these important + transactions, was tempted on this occasion to betray the interests of his + country; and he informed Edward of a ford below Abbeville, which had a + sound bottom, and might be passed without difficulty at low water.[**] The + king hastened thither, but found Godemar de Faye on the opposite banks. + Being urged by necessity, he deliberated not a moment; but threw himself + into the river, sword in hand, at the head of his troops; drove the enemy + from their station; and pursued them to a distance on the plain.[***] The + French army under Philip arrived at the ford, when the rearguard of the + English were passing: so narrow was the escape which Edward, by his + prudence and celerity, made from this danger! The rising of the tide + prevented the French king from following him over the ford, and obliged + that prince to take his route over the bridge at Abbeville; by which some + time was lost. + </p> +<pre xml:space="preserve"> + * Froissard, liv, i. chap. 125. + + ** Froissard, liv. i. chap. 126,127 + + *** Froissard, liv. i. chap. 127. +</pre> + <p> + It is natural to think that Philip, at the head of so vast an army, was + impatient to take revenge on the English, and to prevent the disgrace to + which he must be exposed if an inferior enemy should be allowed, after + ravaging so great a part of his kingdom, to escape with impunity. Edward + also was sensible that such must be the object of the French monarch; and + as he had advanced but a little way before his enemy, he saw the danger of + precipitating his march over the plains of Picardy, and of exposing his + rear to the insults of the numerous cavalry in which the French camp + abounded. He took, therefore, a prudent resolution: he chose his ground + with advantage near the village of Crecy; he disposed his army in + excellent older; he determined to await in tranquillity the arrival of the + enemy; and he hoped that their eagerness to engage, and to prevent his + retreat, after all their past disappointments would hurry them on to some + rash and ill-concerted action. He drew up his army on a gentle ascent, and + divided them into three lines: the first was commanded by the prince of + Wales, and under him by the earls of Warwick and Oxford, by Harcourt, and + by the lords Chandos, Holland, and other noblemen: the earls of Arundel + and Northampton, with the lords Willoughby, Basset, Roos, and Sir Lewis + Tufton, were at the head of the second line: he took to himself the + command of the third division, by which he purposed either to bring succor + to the two first lines, or to secure a retreat in case of any misfortune, + or to push his advantages against the enemy. He had likewise the + precaution to throw up trenches on his flanks, in order to secure himself + from the numerous bodies of the French who might assail him from that + quarter; and he placed all his baggage behind him in a wood, which he also + secured by an intrenchment.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 128. +</pre> + <p> + The skill and order of this disposition, with the tranquillity in which it + was made, served extremely to compose the minds of the soldiers; and the + king, that he might further inspirit them, rode through the ranks with + such an air of cheerfulness and alacrity, as conveyed the highest + confidence into every beholder. He pointed out to them the necessity to + which they were reduced, and the certain and inevitable destruction which + awaited them, if, in their present situation, enclosed on all hands in an + enemy's country, they trusted to any thing but their own valor, or gave + that enemy an opportunity of taking revenge for the many insults and + indignities which they had of late put upon him. He reminded them of the + visible ascendant which they had hitherto maintained over all the bodies + of French troops that had fallen in their way; and assured them, that the + superior numbers of the army which at present hovered over them, gave them + not greater force, but was an advantage easily compensated by the order in + which he had placed his own army, and the resolution which he expected + from them. He demanded nothing, he said, but that they would imitate his + own example, and that of the prince of Wales: and as the honor, the lives, + the liberties of all, were now exposed to the same danger, he was + confident that they would make one common effort to extricate themselves + from the present difficulties, and that their united courage would give + them the victory over all their enemies. + </p> + <p> + It is related by some historians,[*] that Edward, besides the resources + which he found in his own genius and presence of mind, employed also a new + invention against the enemy, and placed in his front some pieces of + artillery, the first that had yet been made use of on any remarkable + occasion in Europe. This is the epoch of one of the most singular + discoveries that has been made among men; a discovery which changed by + degrees the whole art of war, and by consequence many circumstances in the + political government of Europe. But the ignorance of that age in the + mechanical arts, rendered the progress of this new invention very slow. + The artillery first framed were so clumsy, and of such difficult + management, that men were not immediately sensible of their use and + efficacy and even to the present times improvements have been continually + making on this furious engine, which, though it seemed contrived for the + destruction of mankind, and the overthrow of empires, has in the issue + rendered battles less bloody, and has given greater stability to civil + societies. Nations, by its means, have been brought more to a level: + conquests have become less frequent and rapid: success in war has been + reduced nearly to be a matter of calculation: and any nation, overmatched + by its enemies, either yields to their demands or secures itself by + alliances against their violence and invasion. + </p> + <p> + The invention of artillery was at this time known in France as well as in + England;[**] but Philip, in his hurry to overtake the enemy, had probably + left his cannon behind him, which he regarded as a useless encumbrance. + All his other movements discovered the same imprudence and precipitation. + Impelled by anger, a dangerous counsellor, and trusting to the great + superiority of his numbers, he thought that all depended on forcing an + engagement with the English; and that if he could once reach the enemy in + their retreat, the victory on his side was certain and inevitable. He made + a hasty march, in some confusion, from Abbeville; but after he had + advanced above two leagues, some gentlemen, whom he had sent before to + take a view of the enemy, returned to him, and brought him intelligence + that they had seen the English drawn up in Bombarda great order, and + awaiting his arrival. + </p> +<pre xml:space="preserve"> + * Jean Villani, lib. xii. cap. 66. + + ** Du Cange, Glass, in verb. +</pre> + <p> + They therefore devised him to defer the combat till the ensuing day, when + his army would have recovered from their fatigue, and might be disposed + into better order than their present hurry had permitted them to observe. + Philip assented to this counsel; but the former precipitation of his + march, and the impatience of the French nobility, made it impracticable + for him to put it in execution. One division pressed upon another: orders + to stop were not seasonably conveyed to all of them: this immense body was + not governed by sufficient discipline to be manageable; and the French + army, imperfectly formed into three lines, arrived, already fatigued and + disordered, in presence of the enemy. The first line, consisting of + fifteen thousand Genoese cross-bow men, was commanded by Anthony Doria and + Charles Grimaldi: the second was led by the count of Alençon, brother to + the king: the king himself was at the head of the third. Besides the + French monarch, there were no less than three crowned heads in this + engagement; the king of Bohemia, the king of the Romans, his son, and the + king of Majorca; with all the nobility and great vassals of the crown of + France. The army now consisted of above one hundred and twenty thousand + men, more than three times the number of the enemy. But the prudence of + one man was superior to the advantage of all this force and splendor. + </p> + <p> + The English, on the approach of the enemy, kept their ranks firm and + immovable; and the Genoese first began the attack. There had happened, a + little before the engagement, a thunder shower, which had moistened and + relaxed the strings of the Genoese cross-bows; their arrows for this + reason fell short of the enemy. The English archers, taking their bows out + of their cases, poured in a shower of arrows upon this multitude who were + opposed to them, and soon threw them into disorder. The Genoese fell back + upon the heavy-armed cavalry of the count of Alençon;[*] who, enraged at + their cowardice, ordered his troops to put them to the sword. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 130. +</pre> + <p> + The artillery fired amidst the crowd; the English archers continued to + send in their arrows among them; and nothing was to be seen in that vast + body but hurry and confusion, terror and dismay. The young prince of Wales + had the presence of mind to take advantage of this situation, and to lead + on his line to the charge. The French cavalry, however, recovering + somewhat their order, and encouraged by the example of their leader, made + a stout resistance; and having at last cleared themselves of the Genoese + runaways, advanced upon their enemies, and by their superior numbers began + to hem them round. The earls of Arundel and Northampton now advanced their + line to sustain the prince, who, ardent in his first feats of arms, set an + example of valor which was imitated by all his followers. The battle + became for some time hot and dangerous, and the earl of Warwick, + apprehensive of the event, from the superior numbers of the French, + despatched a messenger to the king, and entreated him to send succors to + the relief of the prince. Edward had chosen his station on the top of the + hill; and he surveyed in tranquillity the scene of action. When the + messenger accosted him, his first question was, whether the prince were + slain or wounded. On receiving an answer in the negative, "Return," said + he, "to my son, and tell him that I reserve the honor of the day to him: I + am confident that he will show himself worthy of the honor of knighthood + which I so lately conferred upon him: he will be able, without my + assistance, to repel the enemy."[*] This speech, being reported to the + prince and his attendants, inspired them with fresh courage: they made an + attack with redoubled vigor on the French, in which the count of Alençon + was slain: that whole line of cavalry was thrown into disorder: the riders + were killed or dismounted: the Welsh infantry rushed into the throng, and + with their long knives cut the throats of all who had fallen; nor was any + quarter given that day by the victors.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 130. + + ** Froissard, liv. i. chap. 130. +</pre> + <p> + The king of France advanced in vain with the rear to sustain the line + commanded by his brother: he found them already discomfited; and the + example of their rout increased the confusion which was before but too + prevalent in his own body. He had himself a horse killed under him: he was + remounted; and, though left almost alone, he seemed still determined to + maintain the combat; when John of Hainault seized the reins of his bridle, + turned about his horse, and carried him off the field of battle. The whole + French army took to flight, and was followed and put to the sword without + mercy by the enemy, till the darkness of the night put an end to the + pursuit. The king, on his return to the camp, flew into the arms of the + prince of Wales, and exclaimed, "My brave son persevere in your honorable + course: you are my son! for valiantly have you acquitted yourself to-day: + you have shown yourself worthy of empire."[*] + </p> + <p> + This battle, which is known by the name of the battle of Crecy, began + after three o'clock in the afternoon, and continued till evening. The next + morning was foggy; and as the English observed that many of the enemy had + lost their way in the night and in the mist, they employed a stratagem to + bring them into their power: they erected on the eminences some French + standards which they had taken in the battle, and all who were allured by + this false signal were put to the sword, and no quarter given them. In + excuse for this inhumanity, it was alleged that the French king had given + like orders to his troops; but the real reason probably was, that the + English, in their present situation, did not choose to be encumbered with + prisoners. On the day of battle, and on the ensuing, there fell, by a + moderate computation, one thousand two hundred French knights, one + thousand four hundred gentlemen, four thousand men at arms, besides about + thirty thousand of inferior rank:[**] many of the principal nobility of + France, the dukes of Lorraine and Bourbon, the earls of Flanders, Blois, + Vaudemont, Aumale, were left on the field of battle. The kings also of + Bohemia and Majorca were slain: the fate of the former was remarkable: he + was blind from age; but being resolved to hazard his person, and set an + example to others, he ordered the reins of his bridle to be tied on each + side to the horses of two gentlemen of his train; and his dead body, and + those of his attendants, were afterwards found among the slain, with their + horses standing by them in that situation.[***] His crest was three + ostrich feathers; and his motto these German words, Ich dien,—"I + serve;" which the prince of Wales and his successors adopted in memorial + of this great victory. The action may seem no less remarkable for the + small loss sustained by the English, than for the great slaughter of the + French: there were killed in it only one esquire and three knights,[****] + and very few of inferior rank; a demonstration that the prudent + disposition planned by Edward, and the disorderly attack made by the + French, had rendered the whole rather a rout than a battle, which was + indeed the common case with engagements in those times. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 131. + + ** Froissard, liv. i. chap. 131. Knyghton, p. 2588. + + *** Froissard, liv. i. chap. 130. Walsing. p. 166. + + **** Knyghton, p. 2588. +</pre> + <p> + The great prudence of Edward appeared not only in obtaining this memorable + victory, but in the measures which he pursued after it. Not elated by his + present prosperity so far as to expect the total conquest of France, or + even that of any considerable provinces, he purposed only to secure such + an easy entrance into that kingdom, as might afterwards open the way to + more moderate advantages. He knew the extreme distance of Guienne: he had + experienced the difficulty and uncertainty of penetrating on the side of + the Low Countries, and had already lost much of his authority over + Flanders by the death of D'Arteville, who had been murdered by the + populace themselves, his former partisans, on his attempting to transfer + the sovereignty of that province to the prince of Wales.[*] The king, + therefore, limited his ambition to the conquest of Calais; and after the + interval of a few days, which he employed in interring the slain, he + marched with his victorious army, and presented himself before the place. + </p> + <p> + John of Vienne, a valiant knight of Burgundy, was governor of Calais, and + being supplied with every thing necessary for defence, he encouraged the + townsmen to perform to the utmost their duty to their king and country. + Edward, therefore, sensible from the beginning that it was in vain to + attempt the place by force, purposed only to reduce it by famine; he chose + a secure station for his camp; drew intrenchments around the whole city; + raised huts for his soldiers, which he covered with straw or broom; and + provided his army with all the conveniences necessary to make them endure + the winter season, which was approaching. As the governor soon perceived + his intentions, he expelled all the useless mouths; and the king had the + generosity to allow these unhappy people to pass through his camp, and he + even supplied them with money for their journey.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 116. + + ** Froissard, liv. i. chap. 133. +</pre> + <p> + While Edward was engaged in this siege, which employed him near a + twelvemonth, there passed in different places many other events: and all + to the honor of the English arms. + </p> + <p> + The retreat of the duke of Normandy from Guienne left the earl of Derby + master of the field; and he was not negligent in making his advantage of + the superiority. He took Mirebeau by assault: he made himself master of + Lusignan in the same manner: Taillebourg and St. Jean d'Angeli fell into + his hands: Poictiers opened its gates to him; and Derby, having thus + broken into the frontiers on that quarter, carried his incursions to the + banks of the Loire, and filled all the southern provinces of France with + horror and devastation.[*] + </p> + <p> + The flames of war were at the same time kindled in Brittany. Charles of + Blois invaded that province with a considerable army, and invested the + fortress of Roche de Rien; but the countess of Mountfort, reënforced by + some English troops under Sir Thomas Dagworth, attacked him during the + night in his intrenchments, dispersed his army, and took Charles himself + prisoner.[**] His wife, by whom he enjoyed his pretensions to Brittany, + compelled by the present necessity, took on her the government of the + party, and proved herself a rival in every shape, and an antagonist to the + countess of Mountfort, both in the field and in the cabinet. And while + these heroic dames presented this extraordinary scene to the world, + another princess in England, of still higher rank, showed herself no less + capable of exerting every manly virtue. + </p> + <p> + The Scottish nation, after long defending, with incredible perseverance, + their liberties against the superior force of the English, recalled their + king, David Bruce, in 1342. Though that prince, neither by his age nor + capacity, could bring them great assistance, he gave them the countenance + of sovereign authority; and as Edward's wars on the continent proved a + great diversion to the force of England, they rendered the balance more + equal between the kingdoms. In every truce which Edward concluded with + Philip, the king of Scotland was comprehended; and when Edward made his + last invasion upon France, David was strongly solicited by his ally to + begin also hostilities, and to invade the northern counties of England. + The nobility of his nation being always forward in such incursions, David + soon mustered a great army, entered Northumberland at the head of above + fifty thousand men, and carried his ravages and devastations to the gates + of Durham.[***] But Queen Philippa, assembling a body of little more than + twelve thousand men,[****] which she intrusted to the command of Lord + Piercy, ventured to approach him at Neville's Cross near that city; and + riding through the ranks of her army, exhorted every man to do his duty, + and to take revenge on these barbarous ravagers.[*****] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 136. + + ** Froissard, liv. i. chap. 143. Walsing, p. 168. Ypod. + Neust p. 517, 518. + + *** Froissard, liv. i. chap. 137. + + **** Froissard, liv. i. chap. 138. + +</pre> + <p> + Nor could she be persuaded to leave the field, till the armies were on the + point of engaging. The Scots have often been unfortunate in the great + pitched battles which they fought with the English; even though they + commonly declined such engagements where the superiority of numbers was + not on their side: but never did they receive a more fatal blow than the + present. They were broken and chased off the field: fifteen thousand of + them (some historians say twenty thousand) were slain; among whom were + Edward Keith, earl mareschal, and Sir Thomas Charteris, chancellor: and + the king himself was taken prisoner, with the earls of Sutherland, Fife, + Monteith, Carrick, Lord Douglas, and many other noblemen.[*] + </p> + <p> + Philippa, having secured her royal prisoner in the Tower,[**] crossed the + sea at Dover; and was received in the English camp before Calais with all + the triumph due to her rank, her merit, and her success. This age was the + reign of chivalry and gallantry: Edward's court excelled in these + accomplishments as much as in policy and arms: and if any thing could + justify the obsequious devotion then professed to the fair sex, it must be + the appearance of such extraordinary women as shone forth during that + period. + </p> + <p> + <a name="linkimage-0006" id="linkimage-0006"> + <!-- IMG --></a> <a href="images/1_223_calais.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_223_calais_th.jpg" title="Surrender of Calais" + alt="1_223_calais.jpg Calais " width="100%" /><br /> + </div> + <p class="side"> + 1347. + </p> + <p> + The town of Calais had been defended with remarkable vigilance, constancy, + and bravery by the townsmen, during a siege of unusual length: but Philip, + informed of their distressed condition, determined at last to attempt + their relief; and he approached the English with an immense army, which + the writers of that age make amount to two hundred thousand men. But he + found Edward so surrounded with morasses, and secured by intrenchments, + that, without running on inevitable destruction, he concluded it + impossible to make an attempt on the English camp. He had no other + resource than to send his rival a vain challenge to meet him in the open + field; which being refused, he was obliged to decamp with his army, and + disperse them into their several provinces.[***] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 139. + + ** Rymer, vol. v. p. 537. + + *** Froissard, liv. i chap. 144, 145. +</pre> + <p> + John of Vienne, governor of Calais, now saw the necessity of surrendering + his fortress, which was reduced to the last extremity by famine and the + fatigue of the inhabitants. He appeared on the walls, and made a signal to + the English sentinels that he desired a parley. Sir Walter Manny was sent + to him by Edward. "Brave knight," cried the governor "I have been + intrusted by my sovereign with the command of this town: it is almost a + year since you besieged me; and I have endeavored, as well as those under + me, to do our duty. But you are acquainted with our present condition: we + have no hopes of relief; we are perishing with hunger; I am willing + therefore to surrender, and desire, as the sole condition, to insure the + lives and liberties of these brave men, who have so long shared with me + every danger and fatigue." [*] + </p> + <p> + Manny replied, that he was well acquainted with the intentions of the king + of England; that that prince was incensed against the townsmen of Calais + for their pertinacious resistance, and for the evils which they had made + him and his subjects suffer; that he was determined to take exemplary + vengeance on them; and would not receive the town on any condition which + should confine him in the punishment of these offenders. "Consider," + replied Vienne, "that this is not the treatment to which brave men are + entitled: if any English knight had been in my situation, your king would + have expected the same conduct from him. The inhabitants of Calais have + done for their sovereign what merits the esteem of every prince; much more + of so gallant a prince as Edward. But I inform you, that, if we must + perish, we shall not perish unrevenged; and that we are not yet so reduced + but we can sell our lives at a high price to the victors. It is the + interest of both sides to prevent these desperate extremities; and I + expect that you yourself, brave knight, will interpose your good offices + with your prince in our behalf." + </p> + <p> + Manny was struck with the justness of these sentiments, and represented to + the king the danger of reprisals, if he should give such treatment to the + inhabitants of Calais. Edward was at last persuaded to mitigate the rigor + of the conditions demanded: he only insisted, that six of the most + considerable citizens should be sent to him to be disposed of as he + thought proper; that they should come to his camp carrying the keys of the + city in their hands, bareheaded and barefooted, with ropes about their + necks: and on these conditions he promised to spare the lives of all the + remainder.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 146. + + ** Froissard, liv. i. chap. 146. +</pre> + <p> + When this intelligence was conveyed to Calais, it struck the inhabitants + with new consternation. To sacrifice six of their fellow-citizens to + certain destruction for signalizing their valor in a common cause, + appeared to them even more severe than that general punishment with which + they were before threatened; and they found themselves incapable of coming + to any resolution in so cruel and distressful a situation. At last, one of + the principal inhabitants, called Eustace de St. Pierre, whose name + deserves to be recorded, stepped forth, and declared himself willing to + encounter death for the safety of his friends and companions: another, + animated by his example, made a like generous offer: a third and a fourth + presented themselves to the same fate; and the whole number was soon + completed. These six heroic burgesses appeared before Edward in the guise + of malefactors, laid at his feet the keys of their city, and were ordered + to be led to execution. It is surprising that so generous a prince should + ever have entertained such a barbarous purpose against such men; and still + more that he should seriously persist in the resolution of executing + it.[*] <a href="#linknote-7" name="linknoteref-7" id="linknoteref-7">7</a> + But the entreaties of his queen saved his memory from that infamy: she + threw herself on her knees before him, and with tears in her eyes begged + the lives of these citizens. Having obtained her request, she carried them + into her tent, ordered a repast to be set before them, and, after making + them a present of money and clothes, dismissed them in safety.[**] + </p> +<pre xml:space="preserve"> + * See note G, at the end of the volume. + + ** Froissard, liv. i. chap. 146. +</pre> + <p> + The king took possession of Calais; and immediately executed an act of + rigor, more justifiable, because more necessary, than that which he had + before resolved on. He knew that notwithstanding his pretended title to + the crown of France, every Frenchman regarded him as a mortal enemy: he + therefore ordered all the inhabitants of Calais to evacuate the town, and + he peopled it anew with English; a policy which probably preserved so long + to his successors the dominion of that important fortress. He made it the + staple of wool, leather, tin, and lead; the four chief, if not the sole + commodities of the kingdom, for which there was any considerable demand in + foreign markets. All the English were obliged to bring thither these + goods: foreign merchants came to the same place in order to purchase them: + and at a period when posts were not established, and when the + communication between states was so imperfect, this institution, though it + hurt the navigation of England, was probably of advantage to the kingdom. + </p> + <p class="side"> + 1348. + </p> + <p> + Through the mediation of the pope's legates, Edward concluded a truce with + France; but even during this cessation of arms, he had very nearly lost + Calais, the sole fruit of all his boasted victories. The king had + intrusted that place to Aimery de Pavie, an Italian, who had discovered + bravery and conduct in the wars, but was utterly destitute of every + principle of honor and fidelity. This man agreed to deliver up Calais for + the sum of twenty thousand crowns; and Geoffrey de Charni, who commanded + the French forces in those quarters, and who knew that, if he succeeded in + this service, he should not be disavowed, ventured, without consulting his + master, to conclude the bargain with him. Edward, informed of this + treachery, by means of Aimery's secretary, summoned the governor to London + on other pretences; and having charged him with the guilt, promised him + his life, but on condition that he would turn the contrivance to the + destruction of the enemy. The Italian easily agreed to this double + treachery. A day was appointed for the admission of the French; and Edward + having prepared a force of about a thousand men, under Sir Walter Manny, + secretly departed from London, carrying with him the prince of Wales; and, + without being suspected, arrived the evening before at Calais. He made a + proper disposition for the reception of the enemy, and kept all his forces + and the garrison under arms. On the appearance of Charni, a chosen band of + French soldiers was admitted at the postern, and Aimery, receiving the + stipulated sum, promised that, with their assistance, he would immediately + open the great gate to the troops, who were waiting with impatience for + the fulfilling of his engagement. + </p> + <p class="side"> + 1349. + </p> + <p> + All the French who entered were immediately slain or taken prisoners: the + great gate opened: Edward rushed forth with cries of battle and of + victory: the French, though astonished at the event, behaved with valor: a + fierce and bloody engagement ensued. As the morning broke, the king, who + was not distinguished by his arms, and who fought as a private man under + the standard of Sir Walter Manny, remarked a French gentleman, called + Eustace de Ribaumont, who exerted himself with singular vigor and bravery; + and he was seized with a desire of trying a single combat with him. He + stepped forth from his troop and challenging Ribaumont by name, (for he + was known to him,) began a sharp and dangerous encounter. He was twice + beaten to the ground by the valor of the Frenchman: he twice recovered + himself: blows were redoubled with equal force on both sides: the victory + was long undecided; till Ribaumont, perceiving himself to be left almost + alone, called out to his antagonist, "Sir Knight, I yield myself your + prisoner;" and at the same time delivered his sword to the king. Most of + the French, being overpowered by numbers, and intercepted in their + retreat, lost either their lives or their liberty.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 140, 141, 142. +</pre> + <p> + The French officers who had fallen into the hands of the English, were + conducted into Calais; where Edward discovered to them the antagonist with + whom they had had the honor to be engaged, and treated them with great + regard and courtesy. They were admitted to sup with the prince of Wales + and the English nobility; and after supper, the king himself came into the + apartment, and went about, conversing familiarly with one or other of his + prisoners. He even addressed himself to Charni, and avoided reproaching + him, in too severe terms, with the treacherous attempt which he had made + upon Calais during the truce: but he openly bestowed the highest encomiums + on Ribaumont; called him the most valorous knight that he had ever been + acquainted with; and confessed that he himself had at no time been in so + great danger as when engaged in combat with him. He then took a string of + pearls, which he wore about his own head, and throwing it over the head of + Ribaumont, he said to him, "Sir Eustace, I bestow this present upon you as + a testimony of my esteem for your bravery; and I desire you to wear it a + year for my sake. I know you to be gay and amorous; and to take delight in + the company of ladies and damsels: let them all know from what hand you + had the present. You are no longer a prisoner; I acquit you of your + ransom; and you are at liberty to-morrow to dispose of yourself as you + think proper." + </p> + <p> + Nothing proves more evidently the vast superiority assumed by the nobility + and gentry above all the other orders of men, during those ages, than the + extreme difference which Edward made in his treatment of these French + knights, and that of the six citizens of Calais, who had exerted more + signal bravery in a cause more justifiable and more honorable. + </p> + <p> + <a name="link2HCH0005" id="link2HCH0005"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XVI. + </h2> + <p> + <a name="link2H_4_0010" id="link2H_4_0010"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + EDWARD III. + </h2> + <p class="side"> + 1349. + </p> + <p> + THE prudent conduct and great success of Edward in his foreign wars had + excited a strong emulation and a military genius among the English + nobility; and these turbulent barons, overawed by the crown, gave now a + more useful direction to their ambition, and attached themselves to a + prince who led them to the acquisition of riches and of glory. That he + might further promote the spirit of emulation and obedience, the king + instituted the order of the garter, in imitation of some orders of a like + nature, religious as well as military, which had been established in + different parts of Europe. The number received into this order consisted + of twenty-five persons, besides the sovereign; and as it has never been + enlarged, this badge of distinction continues as honorable as at its first + institution, and is still a valuable though a cheap present, which the + prince can confer on his greatest subjects. A vulgar story prevails, but + is not supported by any ancient authority, that at a court ball, Edward's + mistress, commonly supposed to be the countess of Salisbury, dropped her + garter; and the king, taking it up, observed some of the courtiers to + smile, as if they thought that he had not obtained this favor merely by + accident: upon which he called out, "Honi soit qui mal y pense,"—Evil + to him that evil thinks; and as every incident of gallantry among those + ancient warriors was magnified into a matter of great importance,[*] he + instituted the order of the garter in memorial of this event, and gave + these words as the motto of the order. <a href="#linknote-8" + name="linknoteref-8" id="linknoteref-8">8</a> This origin, though + frivolous, is not unsuitable to the manners of the times; and it is indeed + difficult by any other means to account either for the seemingly unmeaning + terms of the motto, or for the peculiar badge of the garter, which seems + to have no reference to any purpose either of military use or ornament. + </p> +<pre xml:space="preserve"> + * See note H, at the end of the volume. +</pre> + <p> + But a sudden damp was thrown over this festivity and triumph of the court + of England, by a destructive pestilence, which invaded that kingdom as + well as the rest of Europe; and is computed to have swept away near a + third of the inhabitants in every country which it attacked. It was + probably more fatal in great cities than in the country; and above fifty + thousand souls are said to have perished by it in London alone.[*] This + malady first discovered itself in the north of Asia, was spread over all + that country, made its progress from one end of Europe to the other, and + sensibly depopulated every state through which it passed. So grievous a + calamity, more than the pacific disposition of the princes, served to + maintain and prolong the truce between France and England. + </p> +<pre xml:space="preserve"> + * Stowe's Survey, p. 478. There were buried fifty thousand + bodied in one churchyard, which Sir Walter Manny had bought + for the use of the poor. The same author says, that there + died above fifty thousand persons of the plague in Norwich, + which is quite incredible. +</pre> + <p class="side"> + 1350. + </p> + <p> + During this truce, Philip de Valois died, without being able to + reestablish the affairs of France, which his bad success against England + had thrown into extreme disorder. This monarch, during the first years of + his reign, had obtained the appellation of Fortunate, and acquired the + character of prudent; but he ill maintained either the one or the other; + less from his own fault, than because he was overmatched by the superior + fortune and superior genius of Edward. But the incidents in the reign of + his son John gave the French nation cause to regret even the calamitous + times of his predecessor. John was distinguished by many virtues, + particularly a scrupulous honor and fidelity: he was not deficient in + personal courage: but as he wanted that masterly prudence and foresight, + which his difficult situation required his kingdom was at the same time + disturbed by intestine commotions, and oppressed with foreign wars. + </p> + <p class="side"> + 1354. + </p> + <p> + The chief source of its calamities, was Charles, king of Navarre who + received the epithet of the Bad, or Wicked, and whose conduct fully + entitled him to that appellation. This prince was descended from males of + the blood royal of France; his mother was daughter of Lewis Hutin; he had + himself espoused a daughter of King John: but all these ties, which ought + to have connected him with the throne, gave him only greater power to + shake and overthrow it. With regard to his personal qualities, he was + courteous, affable, engaging eloquent; full of insinuation and address; + inexhaustible in his resources; active and enterprising. But these + splendid accomplishments were attended with such defects as rendered them + pernicious to his country, and even ruinous to himself: he was volatile, + inconstant, faithless, revengeful, malicious; restrained by no principle + or duty; insatiable in his pretensions: and whether successful or + unfortunate in one enterprise he immediately undertook another, in which + he was never deterred from employing the most criminal and most + dishonorable expedients. + </p> + <p> + The constable of Eu, who had been taken prisoner by Edward at Caen, + recovered his liberty, on the promise of delivering, as his ransom, the + town of Guisnes, near Calais of which he was superior lord: but as John + was offended at this stipulation, which, if fulfilled, opened still + farther that frontier to the enemy, and as he suspected the constable of + more dangerous connections with the king of England, he ordered him to be + seized, and without any legal or formal trial, put him to death, in + prison. Charles de la Cerda was appointed constable in his place; and had + a like fatal end: the king of Navarre ordered him to be assassinated; and + such was the weakness of the crown, that this prince, instead of dreading + punishment, would not even agree to ask pardon for his offence, but on + condition that he should receive an accession of territory: and he had + also John's second son put into his hands, as a security for his person, + when he came to court, and performed this act of mock penitence and + humiliation before his sovereign.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 144. +</pre> + <p class="side"> + 1355. + </p> + <p> + The two French princes seemed entirely reconciled; but this dissimulation, + to which John submitted from necessity, and Charles from habit, did not + long continue; and the king of Navarre knew that he had reason to + apprehend the most severe vengeance for the many crimes and treasons which + he had already committed, and the still greater, which he was meditating. + To insure himself of protection, he entered into a secret correspondence + with England, by means of Henry, earl of Derby, now earl of Lancaster, who + at that time was employed in fruitless negotiations for peace at Avignon, + under the mediation of the pope. John detected this correspondence; and to + prevent the dangerous effects of it, he sent forces into Normandy, the + chief seat of the king of Navarre's power, and attacked his castles and + fortresses. But hearing that Edward had prepared an army to support his + ally, he had the weakness to propose an accommodation with Charles, and + even to give this traitorous subject the sum of a hundred thousand crowns, + as the purchase of a feigned reconcilement, which rendered him still more + dangerous. The king of Navarre, insolent from past impunity, and desperate + from the dangers which he apprehended, continued his intrigues; and + associating himself with Geoffrey d'Harcourt, who had received his pardon + from Philip de Valois, but persevered still in his factious disposition, + he increased the number of his partisans in every part of the kingdom. He + even seduced, by his address, Charles, the king of France's eldest son, a + youth of seventeen years of age, who was the first that bore the + appellation of "dauphin," by the reunion of the province of Dauphiny to + the crown. But this prince, being made sensible of the danger and folly of + these connections, promised to make atonement for the offence by the + sacrifice of his associates; and in concert with his father, he invited + the king of Navarre, and other noblemen of the party, to a feast at Rouen, + where they were betrayed into the hands of John. Some of the most + obnoxious were immediately led to execution: the king of Navarre was + thrown into prison;[*] but this stroke of severity in the king, and of + treachery in the dauphin, was far from proving decisive in maintaining the + royal authority. Philip of Navarre, brother to Charles, and Geoffrey + d'Harcourt, put all the towns and castles belonging to that prince in a + posture of defence; and had immediate recourse to the protection of + England in this desperate extremity. + </p> +<pre xml:space="preserve"> + * Froissard. liv. i. chap. 146. +</pre> + <p> + The truce between the two kingdoms, which had always been ill observed on + both sides, was now expired; and Edward was entirely free to support the + French malecontents. Well pleased that the factions in France had at + length gained him some partisans in that kingdom, which his pretensions to + the crown had never been able to accomplish, he purposed to attack his + enemy both on the side of Guienne, under the command of the prince of + Wales, and on that of Calais, in his own person. + </p> + <p> + Young Edward arrived in the Garronne with his army, on board a fleet of + three hundred sail, attended by the earls of Avesbury, p. 243. Warwick, + Salisbury, Oxford, Suffolk, and other English noblemen. Being joined by + the vassals of Gascony, he took the field; and as the present disorders in + France prevented every proper plan of defence, he carried on with impunity + his ravages and devastations, according to the mode of war in that age. He + reduced all the villages and several towns in Languedoc to ashes: he + presented himself before Toulouse; passed the Garronne, and burned the + suburbs of Carcassonne; advanced even to Narbonne, laying every place + waste around him; and after an incursion of six weeks, returned with a + vast booty and many prisoners to the Guienne, where he took up his winter + quarters.[*] The constable of Bourbon, who commanded in those provinces, + received orders, though at the head of a superior army, on no account to + run the hazard of a battle. + </p> + <p> + The king of England's incursion from Calais was of the samme nature, and + attended with the same issue. He broke into France at the head of a + numerous army; to which he gave a full license of plundering and ravaging + the open country. He advanced to St. Omer, where the king of France was + posted; and on the retreat of that prince, followed him to Hesdin.[**] + John still kept at a distance, and declined an engagement: but in order to + save his reputation, he sent Edward a challenge to fight a pitched battle + with him; a usual bravado in that age, derived from the practice of single + combat, and ridiculous in the art of war. The king, finding no sincerity + in this defiance, retired to Calais, and thence went over to England, in + order to defend that kingdom against a threatened invasion of the Scots. + </p> + <p> + The Scots, taking advantage of the king's absence, and that of the + military power of England, had surprised Berwick; and had collected an + army with a view of committing ravages upon the northern provinces: but on + the approach of Edward, they abandoned that place, which was not tenable, + while the castle was in the hands of the English; and retiring to their + mountains, gave the enemy full liberty of burning and destroying the whole + country from Berwick to Edinburgh.[***] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 144, 146. + + ** Froissard, liv. i. chap. 144. Avesbury, p. 206. Walsing. + p. 171. + + *** Walsing. p. 171. +</pre> + <p> + Baliol attended Edward on this expedition; but finding that his constant + adherence to the English had given his countrymen an unconquerable + aversion to his title, and that he himself was declining through age and + infirmities, he finally resigned into the king's hands his pretensions to + the crown of Scotland,[*] and received in lieu of them an annual pension + of two thousand pounds, with which he passed the remainder of his life in + privacy and retirement. + </p> + <p> + During these military operations, Edward received information of the + increasing disorders in France, arising from the imprisonment of the king + of Navarre; and he sent Lancaster at the head of a small army, to support + the partisans of that prince in Normandy. The war was conducted with + various success, but chiefly to the disadvantage of the French + malecontents; till an important event happened in the other quarter of the + kingdom, which had well nigh proved fatal to the monarchy of France, and + threw every thing into the utmost confusion. + </p> + <p class="side"> + 1356. + </p> + <p> + The prince of Wales, encouraged by the success of the preceding campaign, + took the field with an army, which no historian makes amount to above + twelve thousand men, and of which not a third were English; and with this + small body, he ventured to penetrate into the heart of France. After + ravaging the Agenois, Quercy, and the Limousin, he entered the province of + Berry; and made some attacks, though without success, on the towns of + Bourges and Issoudun. It appeared that his intentions were to march into + Normandy, and to join his forces with those of the earl of Lancaster, and + the partisans of the king of Navarre; but finding all the bridges on the + Loire broken down, and every pass carefully guarded, he was obliged to + think of making his retreat into Guienne.[**] He found this resolution the + more necessary, from the intelligence which he received of the king of + France's motions. That monarch, provoked at the insult offered him by this + incursion, and entertaining hopes of success from the young prince's + temerity, collected a great army of above sixty thousand men, and advanced + by hasty marches to intercept his enemy. The prince, not aware of John's + near approach, lost some days, on his retreat, before the castle of + Remorantin;[***] and thereby gave the French an opportunity of overtaking + him. They came within sight at Maupertuis, near Poiotiers; and Edward, + sensible that his retreat was now become impracticable, prepared for + battle with all the courage of a young hero, and with all the prudence of + the oldest and most experienced commander. + </p> +<pre xml:space="preserve"> + * Rymer, vol. v. p. 863. [** My copy has 823] Ypod. Neust. + p. 521. + + ** Walsing. p. 171. + + *** Froissard, liv. i. chap. 158. Walsing. p. 171 +</pre> + <p> + But the utmost prudence and courage would have proved insufficient to save + him in this extremity, had the king of France known how to make use of his + present advantages. His great superiority in numbers enabled him to + surround the enemy; and by intercepting all provisions, which were already + become scarce in the English camp, to reduce this small army, without a + blow, to the necessity of surrendering at discretion. But such was the + impatient ardor of the French nobility, and so much had their thoughts + been bent on overtaking the English as their sole object, that this idea + never struck any of the commanders; and they immediately took measures for + the assault, as for a certain victory. While the French army was drawn up + in order of battle, they were stopped by the appearance of the cardinal of + Perigord; who, having learned the approach of the two armies to each + other, had hastened, by interposing his good offices, to prevent any + further effusion of Christian blood. By John's permission, he carried + proposals to the prince of Wales; and found him so sensible of the bad + posture of his affairs, that an accommodation seemed not impracticable. + Edward told him, that he would agree to any terms consistent with his own + honor and that of England; and he offered to purchase a retreat, by ceding + all the conquests which he had made during this and the former campaign, + and by stipulating not to serve against France during the course of seven + years. But John, imagining that he had now got into his hands a sufficient + pledge for the restitution of Calais, required that Edward should + surrender himself prisoner with a hundred of his attendants; and offered, + on these terms, a safe retreat to the English army. The prince rejected + the proposal with disdain; and declared that, whatever fortune might + attend him, England should never be obliged to pay the price of his + ransom. This resolute answer cut off all hopes of accommodation; but as + the day was already spent in negotiating, the battle was delayed till the + next morning.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 161. +</pre> + <p> + The cardinal of Perigord, as did all the prelates of the court of Rome, + bore a great attachment to the French interest; but the most determined + enemy could not, by any expedient, have done a greater prejudice to John's + affairs, than he did them by this delay. The prince of Wales had leisure, + daring the night, to strengthen, by new intrenchments, the post which he + had before so judiciously chosen; and he contrived an ambush of three + hundred men at arms, and as many archers, whom he put under the command of + the Captal de Buche, and ordered to make a circuit, that they might fall + on the flank or rear of the French army during the engagement. The van of + his army was commanded by the earl of Warwick, the rear by the earls of + Salisbury and Suffolk, the main body by the prince himself. The Lords + Chandos, Audeley, and many other brave and experienced commanders, were at + the head of different corps of his army. + </p> + <p> + John also arranged his forces in three divisions, nearly equal: the first + was commanded by the duke of Orleans, the king's brother; the second by + the dauphin, attended by his two younger brothers; the third by the king + himself, who had by his side Philip, his fourth son and favorite, then + about fourteen years of age. There was no reaching the English army but + through a narrow lane, covered on each side by hedges and in order to open + this passage, the mareschals, Andrehen and Clermont, were ordered to + advance with a separate detachment of men at arms. While they marched + along the lane, a body of English archers, who lined the hedges, plied + them on each side with their arrows; and being very near them, yet placed + in perfect safety, they coolly took their aim against the enemy, and + slaughtered them with impunity. The French detachment, much discouraged by + the unequal combat, and diminished in their number, arrived at the end of + the lane, where they met on the open ground the prince of Wales himself, + at the head of a chosen body, ready for their reception. They were + discomfited and overthrown: one of the mareschals was slain; the other + taken prisoner: and the remainder of the detachment, who were still in the + lane, and exposed to the shot of the enemy, without being able to make + resistance, recoiled upon their own army, and put every thing into + disorder.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 162. +</pre> + <p> + In that critical moment the Captal de Buche unexpectedly appeared, and + attacked in flank the dauphin's line, which fell into some confusion. + Landas, Bodenai, and St. Venant, to whom the care of that young prince and + his brothers had been committed, too anxious for their charge, or for + their own safety, carried them off the field, and set the example of + flight, which was followed by that whole division. The duke of Orleans, + seized with alike panic, and imagining all was lost, thought no longer of + fighting, but carried off his division by a retreat, which soon turned + into a flight. Lord Chandos called out to the prince, that the day was + won; and encouraged him to attack the division under King John, which, + though more numerous than the whole English army, were somewhat dismayed + with the precipitate flight of their companions. John here made the utmost + efforts to retrieve by his valor what his imprudence had betrayed; and the + only resistance made that day was by his line of battle. The prince of + Wales fell with impetuosity on some German cavalry placed in the front, + and commanded by the counts of Sallebruche, Nydo, and Nosto; a fierce + battle ensued: one side were encouraged by the near prospect of so great a + victory; the other were stimulated by the shame of quitting the field to + an enemy so much inferior: but the three German generals, together with + the duke of Athens, constable of France, falling in battle, that body of + cavalry gave way, and left the king himself exposed to the whole fury of + the enemy. The ranks were every moment thinned around him: the nobles fell + by his side one after another: his son, scarce fourteen years of age, + received a wound, while he was fighting valiantly in defence of his + father: the king himself, spent with fatigue and overwhelmed by numbers, + might easily have been slain; but every English gentleman, ambitious of + taking alive the royal prisoner, spared him in the action, exhorted him to + surrender, and offered him quarter: several, who attempted to seize him, + suffered for their temerity. He still cried out, "Where is my cousin, the + prince of Wales?" and seemed unwilling to become prisoner to any person of + inferior rank. But being told that the prince was at a distance on the + field, he threw down his gauntlet, and yielded himself to Dennis de + Morbec, a knight of Arras, who had been obliged to fly his country for + murder. His son was taken with him.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol vi. p. 72, 154. Froissard, liv. i. chap. 164. +</pre> + <p> + The prince of Wales, who had been carried away in pursuit of the flying + enemy, finding the field entirely clear, had ordered a tent to be pitched, + and was reposing himself after the toils of battle; inquiring still with + great anxiety concerning the fate of the French monarch. He despatched the + earl of Warwick to bring him intelligence; and that nobleman came happily + in time to save the life of the captive prince which was exposed to + greater danger than it had been during the heat of the action. The English + had taken him by violence from Morbec: the Gascons claimed the honor of + detaining the royal prisoner; and some brutal soldiers, rather than yield + the prize to their rivals, had threatened to put him to death.[*] Warwick + overawed both parties, and approaching the king with great demonstrations + of respect, offered to conduct him to the prince's tent. + </p> + <p> + Here commences the real and truly admirable heroism of Edward; for + victories are vulgar things in comparison of that moderation and humanity + displayed by a young prince of twenty-seven years of age, not yet cooled + from the fury of battle, and elated by as extraordinary and as unexpected + success as had ever crowned the arms of any commander. He came forth to + meet the captive king with all the marks of regard and sympathy; + administered comfort to him amidst his misfortunes; paid him the tribute + of praise due to his valor; and ascribed his own victory merely to the + blind chance of war, or to a superior providence, which controls all the + efforts of human force and prudence.[**] The behavior of John showed him + not unworthy of this courteous treatment; his present abject fortune never + made him forget a moment that he was a king: more touched by Edward's + generosity than by his own calamities, he confessed that, notwithstanding + his defeat and captivity, his honor was still unimpaired; and that if he + yielded the victory, it was at least gained by a prince of such consummate + valor and humanity. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 164. + + ** Poul. Cemil, p. 197. +</pre> + <p> + Edward ordered a repast to be prepared in his tent for the prisoner; and + he himself served at the royal captive's table, as if he had been one of + his retinue: he stood at the king's back during the meal; constantly + refused to take a place at table; and declared that, being a subject, he + was too well acquainted with the distance between his own rank and that of + royal majesty, to assume such freedom. All his father's pretensions to the + crown of France were now buried in oblivion: John in captivity received + the honors of a king, which were refused him when seated on the throne: + his misfortunes, not his title, were respected; and the French prisoners, + conquered by this elevation of mind, more than by their late discomfiture, + burst into tears of admiration; which were only checked by the reflection, + that such genuine and unaltered heroism in an enemy must certainly in the + issue prove but the more dangerous to their native country.[*] + </p> + <p> + All the English and Gascon knights imitated the generous example set them + by their prince. The captives were every where treated with humanity, and + were soon after dismissed, on paying moderate ransoms to the persons into + whose hands they had fallen. The extent of their fortunes was considered; + and an attention was given that they should still have sufficient means + left to perform their military service in a manner suitable to their rank + and quality. Yet so numerous were the noble prisoners, that these ransoms, + added to the spoils gained in the field, were sufficient to enrich the + prince's army; and as they had suffered very little in the action, their + joy and exultation were complete. + </p> + <p> + The prince of Wales conducted his prisoner to Bordeaux; and not being + provided with forces so numerous as might enable him to push his present + advantages, he concluded a two years' truce with France,[**] which was + also become requisite, that he might conduct the captive king with safety + into England. He landed at Southwark, and was met by a great concourse of + people, of all ranks and stations. {1357. + </p> + <p> + The prisoner was clad in royal apparel, and mounted on a white steed, + distinguished by its size and beauty, and by the richness of its + furniture. The conqueror rode by his side in a meaner attire, and carried + by a black palfrey. In this situation, more glorious than all the insolent + parade of a Roman triumph, he passed through the streets of London, and + presented the king of France to his father, who advanced to meet him, and + received him with the same courtesy as if he had been a neighboring + potentate that had voluntarily come to pay him a friendly visit.[***] It + is impossible, in reflecting on this noble conduct, not to perceive the + advantages which resulted from the otherwise whimsical principles of + chivalry, and which gave men in those rude times some superiority even + over people of a more cultivated age and nation. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 168. + + ** Rymer, vol. vi p. 3. + + *** Froissard, liv i. chap. 173. +</pre> + <p> + The king of France, besides the generous treatment which he met with in + England, had the melancholy consolation of the wretched, to see companions + in affliction. The king of Scots had been eleven years a captive in + Edward's hands; and the good fortune of this latter monarch had reduced at + once the two neighboring potentates, with whom he was engaged in war, to + be prisoners in his capital. + </p> + <p class="side"> + 1357. + </p> + <p> + But Edward finding that the conquest of Scotland was nowise advanced by + the captivity of its sovereign, and that the government conducted by + Robert Stuart, his nephew and heir, was still able to defend itself, + consented to restore David Bruce to his liberty, for the ransom of one + hundred thousand marks sterling; and that prince delivered the sons of all + his principal nobility, as hostages for the payment.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. vi. p. 45, 46, 52, 56. Froissard, liv. i. + chap, 154 Walsing, p. 73. +</pre> + <p class="side"> + 1358. + </p> + <p> + Meanwhile, the captivity of John, joined to the preceding disorders of the + French government, had produced in that country a dissolution, almost + total, of civil authority, and had occasioned confusions the most horrible + and destructive that had ever been experienced in any age or in any + nation. The dauphin, now about eighteen years of age, naturally assumed + the royal power during his father's captivity; but though endowed with an + excellent capacity, even in such early years, he possessed neither + experience nor authority sufficient to defend a state, assailed at once by + foreign power and shaken by intestine faction. In order to obtain supply, + he assembled the states of the kingdom: that assembly, instead of + supporting his administration, were themselves seized with the spirit of + confusion; and laid hold of the present opportunity to demand limitations + of the prince's power, the punishment of past malversations, and the + liberty of the king of Navarre. Marcel, provost of the merchants and first + magistrate of Paris, put himself at the head of the unruly populace; and + from the violence and temerity of his character, pushed them to commit the + most criminal outrages against the royal authority. They detained the + dauphin in a sort of captivity; they murdered in his presence Robert de + Clermont and John de Conflans, mareschals, the one of Normandy, the other + of Burgundy; they threatened all the other ministers with a like fate; and + when Charles, who was obliged to temporize and dissemble, made his escape + from their hands, they levied war against him, and openly erected the + standard of rebellion, The other cities of the kingdom, in imitation of + the capital, shook off the dauphin's authority, took the government into + their own hands, and spread the disorder into every province. The nobles, + whose inclinations led them to adhere to the crown, and were naturally + disposed to check these tumults, had lost all their influence; and being + reproached with cowardice on account of the base desertion of their + sovereign in the battle of Poiotiers, were treated with universal contempt + by the inferior orders. The troops, who, from the deficiency of pay, were + no longer retained in discipline, threw off all regard to their officers, + sought the means of subsistence by plunder and robbery, and associating to + them all the disorderly people with whom that age abounded, formed + numerous bands, which infested all parts of the kingdom. They desolated + the open country; burned and plundered the villages; and by cutting off + all means of communication or subsistence, reduced even the inhabitants of + the walled towns to the most extreme necessity. The peasants, formerly + oppressed, and now left unprotected by their masters, became desperate + from their present misery; and rising every where in arms, carried to the + last extremity those disorders which were derived from the sedition of the + citizens and disbanded soldiers.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 182,183, 184. +</pre> + <p> + The gentry, hated for their tyranny, were every where exposed to the + violence of popular rage; and instead of meeting with the regard due to + their past dignity, became only, on that account, the object of more + wanton insult to the mutinous peasants. They were hunted like wild beasts, + and put to the sword without mercy: their castles were consumed with fire, + and levelled to the ground: their wives and daughters were first ravished, + then murdered: the savages proceeded so far as to impale some gentlemen, + and roast them alive before a slow fire: a body of nine thousand of them + broke into Meaux, where the wife of the dauphin, with above three hundred + ladies, had taken shelter: the most brutal treatment and most atrocious + cruelty were justly dreaded by this helpless company: but the Captal de + Buche, though in the service of Edward, yet moved by generosity and by the + gallantry of a true knight, flew to their rescue, and beat off the + peasants with great slaughter. In other civil wars, the opposite factions, + falling under the government of their several leaders, commonly preserve + still the vestige of some rule and order: but here the wild state of + nature seemed to be renewed: every man was thrown loose and independent of + his fellows: and the populousness of the country, derived from the + preceding police of civil society, served only to increase the horror and + confusion of the scene. + </p> + <p> + Amidst these disorders, the king of Navarre made his escape from prison, + and presented a dangerous leader to the furious malecontents.[*] But the + splendid talents of this prince qualified him only to do mischief, and to + increase the public distractions: he wanted the steadiness and prudence + requisite for making his intrigues subservient to his ambition, and + forming his numerous partisans into a regular faction. He revived his + pretensions, somewhat obsolete, to the crown of France: but while he + advanced this claim, he relied entirely on his alliance with the English, + who were concerned in interest to disappoint his pretensions; and who, + being public and inveterate enemies to the state, served only, by the + friendship which they seemingly bore him, to render his cause the more + odious. And in all his operations, he acted more like a leader of + banditti, than one who aspired to be the head of a regular government, and + who was engaged by his station to endeavor the reëstablishment of order in + the community. + </p> + <p> + The eyes, therefore, of all the French, who wished to restore peace to + their miserable and desolated country, were turned towards the dauphin; + and that young prince, though not remarkable for his military talents, + possessed so much prudence and spirit, that he daily gained the ascendant + over all his enemies. Marcel, the seditious provost of Paris, was slain, + while he was attempting to deliver the city to the king of Navarre and the + English; and the capital immediately returned to its duty.[**] The most + considerable bodies of the mutinous peasants were dispersed, and put to + the sword: some bands of military robbers underwent the same fate: and + though many grievous disorders still remained, France began gradually to + assume the face of a regular civil government, and to form some plan for + its defence and security. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 181. + + ** Froissard, liv. i. chap. 187 +</pre> + <p> + During the confusion in the dauphin's affairs, Edward seemed to have a + favorable opportunity for pushing his conquests: but besides that his + hands were tied by the truce, and he could only assist underhand the + faction of Navarre, the state of the English finances and military power, + during those ages, rendered the kingdom incapable of making any regular or + steady effort, and obliged it to exert its force at very distant + intervals, by which all the projected ends were commonly disappointed. + Edward employed himself, during a conjuncture so inviting, chiefly in + negotiations with his prisoner; and John had the weakness to sign terms of + peace, which, had they taken effect, must have totally ruined and + dismembered his kingdom. He agreed to restore all the provinces which had + been possessed by Henry II. and his two sons, and to annex them forever to + England, without any obligation of homage or fealty on the part of the + English monarch. But the dauphin and the states of France rejected this + treaty, so dishonorable and pernicious to the kingdom;[*] and Edward on + the expiration of the truce, having now, by subsidies and frugality, + collected some treasure, prepared himself for a new invasion of France. + </p> + <p> + The great authority and renown of the king and the prince of Wales, the + splendid success of their former enterprises, and the certain prospect of + plunder from the defenceless provinces of France, soon brought together + the whole military power of England; and the same motives invited to + Edward's standard all the hardy adventurers of the different countries of + Europe.[**] He passed over to Calais, where he assembled an army of near a + hundred thousand men; a force which the dauphin could not pretend to + withstand in the open field: that prince, therefore, prepared himself to + elude a blow, which it was impossible for him to resist. He put all the + considerable towns in a posture of defence; ordered them to be supplied + with magazines and provisions; distributed proper garrisons in all places; + secured every thing valuable in the fortified cities; and chose his own + station at Paris, with a view of allowing the enemy to vent their fury on + the open country. + </p> + <p class="side"> + 1359. + </p> + <p> + The king, aware of this plan of defence, was obliged to carry along with + him six thousand wagons, loaded with the provisions necessary for the + subsistence of his army. After ravaging the province of Picardy, he + advanced into Champagne; and having a strong desire of being crowned king + of France at Rheims, the usual place in which this ceremony is performed, + he laid siege to that city, and carried on his attacks, though without + success, for the space of seven weeks.[***] + </p> +<pre xml:space="preserve"> + * Froissard. liv. i. chap. 201. + + ** Froissard, liv. i. chap. 205. + + *** Froissard, liv. i. chap. 208. Walsing. p. 174. +</pre> + <p class="side"> + 1360. + </p> + <p> + The place was bravely defended by the inhabitants, encouraged by the + exhortations of the archbishop, John de Craon; till the advanced season + (for this expedition was entered upon in the beginning of winter) obliged + the king to raise the siege. The province of Champagne, meanwhile, was + desolated by his incursions; and he thence conducted his army, with a like + intent, into Burgundy. He took and pillaged Tonnerre, Gaillon, Avalon, and + other small places; but the duke of Burgundy, that he might preserve his + country from further ravages, consented to pay him the sum of one hundred + thousand nobles.[*] Edward then bent his march towards the Nivernois, + which saved itself by a like composition: he laid waste Brie and the + Gatinois; and after a long march, very destructive to France, and somewhat + ruinous to his own troops, he appeared before the gates of Paris, and + taking up his quarters at Bourg-la-Reine, extended his army to Longjumeau, + Montrouge, and Vaugirard. He tried to provoke the dauphin to hazard a + battle, by sending him a defiance; but could not make that prudent prince + change his plan of operations. Paris was safe from the danger of an + assault by its numerous garrison; from that of a blockade by its + well-supplied magazines: and as Edward himself could not subsist his army + in a country wasted by foreign and domestic enemies, and left also empty + by the precaution of the dauphin, he was obliged to remove his quarters; + and he spread his troops into the provinces of Maine, Beausse, and the + Chartraine, which were abandoned to the fury of their devastations.[**] + The only repose which France experienced was during the festival of + Easter, when the king stopped the course of his ravages. For superstition + can sometimes restrain the rage of men, which neither justice nor humanity + is able to control. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vi. p. 161. Walsing. p. 174. + + ** Walsing. p. 175. +</pre> + <p> + While the war was carried on in this ruinous manner, the negotiations for + peace were never interrupted: but as the king still insisted on the full + execution of the treaty which he had made with his prisoner at London, and + which was strenuously rejected by the dauphin, there appeared no + likelihood of an accommodation. The earl, now duke of Lancaster, (for + this, title was introduced into England during the present reign,) + endeavored to soften the rigor of these terms, and to finish the war on + more equal and reasonable conditions. He insisted with Edward, that, + notwithstanding his great and surprising successes, the object of the war, + if such were to be esteemed the acquisition of the crown of France, was + not become any nearer than at the commencement of it; or rather, was set + at a greater distance by those very victories and advantages which seemed + to lead to it. That his claim of succession had not from the first + procured him one partisan in the kingdom; and the continuance of these + destructive hostilities had united every Frenchman in the most implacable + animosity against him. That though intestine faction had crept into the + government of France, it was abating every moment; and no party, even + during the greatest heat of the contest, when subjection under a foreign + enemy usually appears preferable to the dominion of fellow-citizens, had + ever adopted the pretensions of the king of England. That the king of + Navarre himself, who alone was allied with the English, instead of being a + cordial friend, was Edward's most dangerous rival, and, in the opinion of + his partisans, possessed a much preferable title to the crown of France. + That the prolongation of the war, however it might enrich the English + soldiers, was ruinous to the king himself, who bore all the charges of the + armament, without reaping any solid or durable advantage from it. That if + the present disorders of France continued, that kingdom would soon be + reduced to such a state of desolation, that it would afford no spoils to + its ravagers, if it could establish a more steady government, it might + turn the chance of war in its favor, and by its superior force and + advantages be able to repel the present victors. That the dauphin, even + during his greatest distresses, had yet conducted himself with so much + prudence, as to prevent the English from acquiring one foot of land in the + kingdom; and it were better for the king to accept by a peace what he had + in vain attempted to acquire by hostilities, which, however hitherto + successful, had been extremely expensive, and might prove very dangerous. + And that Edward having acquired so much glory by his arms, the praise of + moderation was the only honor to which he could now aspire; an honor so + much the greater, as it was durable, was united with that of prudence, and + might be attended with the most real advantages.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 211. +</pre> + <p> + These reasons induced Edward to accept of more moderate terms of peace; + and it is probable that, in order to palliate this change of resolution, + he ascribed it to a vow made during a dreadful tempest, which attacked his + army on their march, and which ancient historians represent as the cause + of this sudden accommodation.[*] The conferences between the English and + French commissioners were carried on during a few days at Bretigni, in the + Chartraine, and the peace was at last concluded on the following + conditions:[**] it was stipulated that King John should be restored to his + liberty, and should pay as his ransom three millions of crowns of gold, + about one million five hundred thousand pounds of our present money;[***] + <a href="#linknote-9" name="linknoteref-9" id="linknoteref-9">9</a> which + was to be discharged at different payments: that Edward should forever + renounce all claim to the crown of France, and to the provinces of + Normandy, Maine, Touraine, and Anjou, possessed by his ancestors; and + should receive in exchange the provinces of Poictou, Xaintonge, l'Agenois, + Perigord, the Limousin, Quercy, Rovergue, l'Angoumois, and other districts + in that quarter, together with Calais, Guisnes, Montreuil, and the county + of Ponthieu, on the other side of France: that the full sovereignty of all + these provinces, as well as that of Guienne, should be vested in the crown + of England, and that France should renounce all title to feudal + jurisdiction, homage, or appeal from them: that the king of Navarre should + be restored to all his honors and possessions: that Edward should renounce + his confederacy with the Flemings, John his connections with the Scots: + that the disputes concerning the succession of Brittany, between the + families of Blois and Mountfort, should be decided by arbiters appointed + by the two kings; and if the competitors refused to submit to the award, + the dispute should no longer be a ground of war between the kingdoms; and + that forty hostages, such as should be agreed on, should be sent to + England as a security for the execution of all these conditions.[****] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 211. + + ** Rymer, vol. vi. p. 178. Froissard, liv. i. chap. 212. + + *** See note I, at the end of the volume. + + **** The hostages were the two sons of the French king, John + and Lewis; his brother Philip, duke of Orleans, the duke of + Bourbon, James de Bourbon count de Ponthieu, the counts + d'Eu, de Longueville, de St. Pol, de Harcourt, de Vendome, + de Couci, de Craon, de Montmorenci, and many of the chief + nobility of France. The princes were mostly released on the + fulfilling of certain articles: others of the hostages, and + the duke of Berry among the rest, were permitted to return + upon their parole, which they did not keep. Rymer, vol. vi. + p. 278, 285, 287. +</pre> + <p> + In consequence of this treaty, the king of France was brought over to + Calais; whither Edward also soon after repaired; and there both princes + solemnly ratified the treaty. + </p> + <p> + John was sent to Boulogne; the king accompanied him a mile on his journey; + and the two monarchs parted with many professions, probably cordial and + sincere, of mutual amity.[*] The good disposition of John made him fully + sensible of the generous treatment which he had received in England, and + obliterated all memory of the ascendant gained over him by his rival. + There seldom has been a treaty of so great importance so faithfully + executed by both parties. Edward had scarcely from the beginning + entertained any hopes of acquiring the crown of France: by restoring John + to his liberty, and making peace at a juncture so favorable to his arms, + he had now plainly renounced all pretensions of this nature; he had sold + at a very high price that chimerical claim; and had at present no other + interest than to retain those acquisitions which he had made with such + singular prudence and good fortune. John, on the other hand, though the + terms were severe, possessed such fidelity and honor, that he was + determined at all hazards to execute them, and to use every expedient for + satisfying a monarch who had indeed been his greatest political enemy, but + had treated him personally with singular humanity and regard. But, + notwithstanding his endeavors, there occurred many difficulties in + fulfilling his purpose; chiefly from the extreme reluctance which many + towns and vassals in the neighborhood of Guienne expressed against + submitting to the English dominion;[**] and John, in order to adjust these + differences, took a resolution of coming over himself to England. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 213. + + ** Froissard, liv. i. chap. 214. +</pre> + <p class="side"> + 1363. + </p> + <p> + His council endeavored to dissuade him from this rash design; and probably + would have been pleased to see him employ more chicanes for eluding the + execution of so disadvantageous a treaty: but John replied to them, that + though good faith were banished from the rest of the earth, she ought + still to retain her habitation in the breasts of princes. Some historians + would detract from the merit of this honorable conduct, by representing + John as enamored of an English lady, to whom he was glad on this pretence + to pay a visit; but besides that this surmise is not founded on any good + authority, it appears somewhat unlikely on account of the advanced age of + that prince, who was now in his fifty-sixth year. + </p> + <p class="side"> + 1364. + </p> + <p> + He was lodged in the Savoy; the palace where he had resided during his + captivity, and where he soon after sickened and died. Nothing can be a + stronger proof of the great dominion of fortune over men, than the + calamities which pursued a monarch of such eminent valor, goodness, and + honor, and which he incurred merely by reason of some slight imprudences, + which, in other situations, would have been of no importance. But though + both his reign and that of his father proved extremely unfortunate to + their kingdom, the French crown acquired, during their time, very + considerable accessions—those of Dauphiny and Burgundy. This latter + province, however, John had the imprudence again to dismember by bestowing + it on Philip, his fourth son, the object of his most tender affections;[*] + a deed which was afterwards the source of many calamities to the kingdom. + </p> + <p> + John was succeeded in the throne by Charles the dauphin, a prince educated + in the school of adversity, and well qualified, by his consummate prudence + and experience, to repair all the losses which the kingdom had sustained + from the errors of his two predecessors. Contrary to the practice of all + the great princes of those times, which held nothing in estimation but + military courage, he seems to have fixed it as a maxim never to appear at + the head of his armies; and he was the first king in Europe that showed + the advantage of policy, foresight, and judgment, above a rash and + precipitate valor. The events of his reign, compared with those of the + preceding, are a proof how little reason kingdoms have to value themselves + on their victories, or to be humbled by their defeats; which in reality + ought to be ascribed chiefly to the good or bad conduct of their rulers, + and are of little moment towards determining national characters and + manners. + </p> + <p> + Before Charles could think of counterbalancing so great a power as + England, it was necessary for him to remedy the many disorders to which + his own kingdom was exposed. He turned his arms against the king of + Navarre, the great disturber of France during that age; he defeated this + prince by the conduct of Bertrand du Guesclin, a gentleman of Brittany, + one of the most accomplished characters of the age, whom he had the + discernment to choose as the instrument of all his victories:[**] and he + obliged his enemy to accept of moderate terms of peace. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vi. p. 421. + + ** Froissard, liv. i. chap. 119, 120. +</pre> + <p> + Du Guesclin was less fortunate in the wars of Brittany, which still + continued, notwithstanding the mediation of France and England: he was + defeated and taken prisoner at Auray by Chandos: Charles of Blois was + there slain, and the young count of Mountfort soon after got entire + possession of that duchy.[*] But the prudence of Charles broke the force + of this blow: he submitted to the decision of fortune: he acknowledged the + title of Mountfort, though a zealous partisan of England; and received the + proffered homage for his dominions. But the chief obstacle which the + French king met with in the settlement of the state, proceeded from + obscure enemies, whom their crimes alone rendered eminent, and their + number dangerous. + </p> + <p> + On the conclusion of the treaty of Bretigni, the many military adventurers + who had followed the standard of Edward being dispersed into the several + provinces, and possessed of strongholds, refused to lay down their arms, + or relinquish a course of life to which they were now accustomed, and by + which alone they could gain a subsistence.[**] They associated themselves + with the banditti, who were already inured to the habits of rapine and + violence; and under the name of the "companies" and "companions," became a + terror to all the peaceable inhabitants. Some English and Gascon gentlemen + of character, particularly Sir Matthew Gournay, Sir Hugh Calverly, the + chevalier Verte, and others, were not ashamed to take the command of these + ruffians, whose numbers amounted on the whole to near forty thousand, and + who bore the appearance of regular armies, rather than bands of robbers. + These leaders fought pitched battles with the troops of France, and gained + victories; in one of which Jaques de Bourbon, a prince of the blood, was + slain:[***] and they proceeded to such a height, that they wanted little + but regular establishments to become princes, and thereby sanctify, by the + maxims of the world, their infamous profession. The greater spoil they + committed on the country, the more easy they found it to recruit their + number: all those who were reduced to misery and despair, flocked to their + standard: the evil was every day increasing; and though the pope declared + them excommunicated, these military plunderers, however deeply affected + with the sentence, to which they paid a much greater regard than to any + principles of morality, could not be induced by it to betake themselves to + peaceable or lawful professions. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 227, 228, etc. Walsing, p. 180. + + ** Froissard, liv. i. chap. 214. + + *** Froissard, liv. i. chap, 214, 215. +</pre> + <p class="side"> + 1366. + </p> + <p> + As Charles was not able by power to redress so enormous a grievance, he + was led by necessity, and by the turn of his character, to correct it by + policy, and to contrive some method of discharging into foreign countries + this dangerous and intestine evil. + </p> + <p> + Peter, king of Castile, stigmatized by his contemporaries and by posterity + with the epithet of Cruel, had filled with blood and murder his kingdom + and his own family; and having incurred the universal hatred of his + subjects, he kept from present terror alone, an anxious and precarious + possession of the throne. His nobles fell every day the victims of his + severity: he put to death several of his natural brothers, from groundless + jealousy: each murder, by multiplying his enemies, became the occasion of + fresh barbarities; and as he was not destitute of talents, his neighbors, + no less than his own subjects, were alarmed at the progress of his + violence and injustice. The ferocity of his temper, instead of being + softened by his strong propensity to love, was rather inflamed by that + passion, and took thence new occasion to exert itself. Instigated by Mary + de Padilla, who had acquired the ascendant over him, he threw into prison + Blanche de Bourbon, his wife, Bister to the queen of France; and soon + after made way by poison for the espousing of his mistress. + </p> + <p> + Henry, count of Transtamare, his natural brother, seeing the fate of every + one who had become obnoxious to this tyrant, took arms against him; but + being foiled in the attempt, he sought for refuge in France, where he + found the minds of men extremely inflamed against Peter, on account of his + murder of the French princess. He asked permission of Charles to enlist + the "companies" in his service, and to lead them into Castile; where, from + the concurrence of his own friends, and the enemies of his brother, he had + the prospect of certain and immediate success. The French king, charmed + with the project, employed Du Guesclin in negotiating with the leaders of + these banditti. The treaty was soon concluded. The high character of honor + which that general possessed, made every one trust to his promises: though + the intended expedition was kept a secret, the "companies" implicitly + enlisted under his standard; and they required no other condition before + their engagement, than an assurance that they were not to be led against + the prince of Wales in Guienne. But that prince was so little averse to + the enterprise, that he allowed some gentlemen of his retinue to enter + into the service under Du Guesclin. + </p> + <p> + Du Guesclin, having completed his levies, led the army first to Avignon, + where the pope then resided, and demanded, sword in hand, an absolution + for his soldiers, and the sum of two hundred thousand livres. The first + was readily promised him; some more difficulty was made with regard to the + second. "I believe that my fellows," replied Du Guesclin, "may make a + shift to do without your absolution; but the money is absolutely + necessary." The pope then extorted from the inhabitants in the city and + neighborhood the sum of a hundred thousand livres, and offered it to Du + Guesclin. "It is not my purpose," cried that generous warrior, "to oppress + the innocent people. The pope and his cardinals themselves can well spare + me that sum from their own coffers. This money, I insist, must be restored + to the owners. And should they be defrauded of it, I shall myself return + from the other side of the Pyrenees, and oblige you to make them + restitution." The pope found the necessity of submitting, and paid him + from his treasury the sum demanded.[*] The army, hallowed by the + blessings, and enriched by the spoils, of the church, proceeded on their + expedition. + </p> + <p> + These experienced and hardy soldiers, conducted by so able a general, + easily prevailed over the king of Castile, whose subjects, instead of + supporting their oppressor, were ready to join the enemy against him.[**] + Peter fled from his dominions took shelter in Guienne, and craved the + protection of the prince of Wales, whom his father had invested with the + sovereignty of these conquered provinces, by the title of the principality + of Aquitaine.[***] + </p> +<pre xml:space="preserve"> + * Hist. du Guesclin. + + ** Froissard, liv. i. chap 230. + + *** Rymer, vol. vi. p. 384. Froissard, liv. i. chap. 231. +</pre> + <p class="side"> + 1367. + </p> + <p> + The prince seemed now to have entirely changed his sentiments with regard + to the Spanish transactions: whether that he was moved by the generosity + of supporting a distressed prince, and thought, as is but too usual among + sovereigns, that the rights of the people were a matter of much less + consideration; or dreaded the acquisition of so powerful a confederate to + France as the new king of Castile; or, what is most probable, was + impatient of rest and ease, and sought only an opportunity for exerting + his military talents, by which he had already acquired so much renown. He + promised his assistance to the dethroned monarch; and having obtained the + consent of his father, he levied a great army, and set out upon his + enterprise. He was accompanied by his younger brother, John of Gaunt, + created duke of Lancaster, in the room of the good prince of that name, + who had died without any male issue, and whose daughter he had espoused. + Chandos, also, who bore among the English the same character which Du + Guesclin had acquired among the French, commanded under him in this + expedition. + </p> + <p> + The first blow which the prince of Wales gave to Henry of Transtamare, was + the recalling of all the "companies" from his service; and so much + reverence did they bear to the name of Edward, that great numbers of them + immediately withdrew from Spain, and enlisted under his banners. Henry, + however, beloved by his new subjects, and supported by the king of Arragon + and others of his neighbors, was able to meet the enemy with an army of + one hundred thousand men; forces three times more numerous than those + which were commanded by Edward. Du Guesclin, and all his experienced + officers, advised him to delay any decisive action, to cut off the prince + of Wales's provisions, and to avoid every engagement with a general, whose + enterprises had hitherto been always conducted with prudence, and crowned + with success. Henry trusted too much to his numbers; and ventured to + encounter the English prince at Najara.[*] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 241. +</pre> + <p> + Historians of that age are commonly very copious in describing the shock + of armies in battle, the valor of the combatants, the slaughter and + various successes of the day: but though small rencounters in those times + were often well disputed, military discipline was always too imperfect to + preserve order in great armies; and such actions deserve more the name of + routs than of battles. Henry was chased off the field, with the loss of + above twenty thousand men: there perished only four knights and forty + private men on the side of the English. + </p> + <p> + Peter, who so well merited the infamous epithet which he bore, purposed to + murder all his prisoners in cold blood; but was restrained from this + barbarity by the remonstrance, of the prince of Wales. All Castile now + submitted to the victor: Peter was restored to the throne; and Edward + finished his perilous enterprise with his usual glory. But he had soon + reason to repent his connections with a man like Peter, abandoned to all + sense of virtue and honor. The ungrateful tyrant refused the stipulated + pay to the English forces; and Edward finding his soldiers daily perish by + sickness, and even his own health impaired by the climate, was obliged, + without receiving any satisfaction on this head, to return into + Guienne.[*] + </p> + <p> + The barbarities exercised by Peter over his helpless subjects, whom he now + regarded as vanquished rebels, revived all the animosity of the Castilians + against him; and on the return of Henry of Transtamare, together with Du + Guesclin, and some forces levied anew in France, the tyrant was again + dethroned, and was taken prisoner. His brother, in resentment of his + cruelties, murdered him with his own hand: and was placed on the throne of + Castile, which he transmitted to his posterity. The duke of Lancaster, who + espoused in second marriage the eldest daughter of Peter, inherited only + the empty title of that sovereignty, and, by claiming the succession, + increased the animosity of the new king of Castile against England. + </p> + <p class="side"> + 1368. + </p> + <p> + But the prejudice which the affairs of Prince Edward received from this + splendid though imprudent expedition, ended not with it. He had involved + himself in so much debt by his preparations and the pay of his troops, + that he found it necessary, on his return, to impose on his principality a + new tax, to which some of the nobility consented with extreme reluctance, + and to which others absolutely refused to submit.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 242, 243. Walsing. p. 182. + + ** This tax was a livre upon a hearth; and it was imagined + that the imposition would have yielded one million two + hundred thousand livres a year, which supposes so many + hearths in the provinces possessed by the English. But such + loose conjectures have commonly no manner of authority, much + less in such ignorant times. There is a strong instance of + it in the present reign. The house of commons granted the + king a tax of twenty-two shillings on each parish, supposing + that the amount of the whole would be fifty thousand pounds. + But they were found to be in a mistake of near five to one. + Cotton, p. 3. And the council assumed the power of + augmenting the tax upon each parish. +</pre> + <p> + This incident revived the animosity which the inhabitants bore to the + English, and which all the amiable qualities of the prince of Wales were + not able to mitigate or assuage. They complained that they were considered + as a conquered people, that their privileges were disregarded, that all + trust was given to the English alone, that every office of honor and + profit was conferred on these foreigners, and that the extreme reluctance, + which most of them had expressed, to receive the new yoke, was likely to + be long remembered against them. They cast, therefore, their eyes towards + their ancient sovereign, whose prudence they found had now brought the + affairs of his kingdom into excellent order; and the counts of Armagnac, + Comminge, and Perigord, the lord d'Albret, with other nobles, went to + Paris, and were encouraged to carry their complaints to Charles, as to + their lord paramount, against these oppressions of the English + government.[*] + </p> + <p> + In the treaty of Bretigm it had been stipulated, that the two kings should + make renunciations; Edward, of his claim to the crown of France, and to + the provinces of Normandy, Maine, and Anjou; John, of the homage and + fealty due for Guienne and the other provinces ceded to the English. But + when that treaty was confirmed and renewed at Calais, it was found + necessary, as Edward was not yet in possession of all the territories, + that the mutual renunciations should for some time be deferred; and it was + agreed, that the parties, meanwhile, should make no use of their + respective claims against each other.[**] Though the failure in exchanging + these renunciations had still proceeded from France,[***] Edward appears + to have taken no umbrage at it; both because this clause seemed to give + him entire security, and because some reasonable apology had probably been + made to him for each delay. It was, however, on this pretence, though + directly contrary to treaty, that Charles resolved to ground his claim of + still considering himself as superior lord of those provinces, and of + receiving the appeals of his sub-vassals.[****] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 244. + + ** Rymer, vol. vi. p. 219, 230, 234, 237, 243. + + *** Rot. Franc. 35, Edward III. from Tyrrel, vol. iii + p. 643. + + **** Froissard. liv. i. chap. 245. +</pre> + <p class="side"> + 1369. + </p> + <p> + But as views of policy, more than those of justice, enter into the + deliberations of princes; and as the mortal injuries received from the + English, the pride of their triumphs, the severe terms imposed by the + treaty of peace, seemed to render every prudent means of revenge honorable + against them; Charles was determined to take this measure, less by the + reasonings of his civilians and lawyers, than by the present situation of + the two monarchies. He considered the declining years of Edward, the + languishing state of the prince of Wales's health, the affection which the + inhabitants of all these provinces bore to their ancient master, their + distance from England, their vicinity to France, the extreme animosity + expressed by his own subjects against these invaders, and their ardent + thirst of vengeance; and having silently made all the necessary + preparations, he sent to the prince of Wales a summons to appear in his + court at Paris, and there to justify his conduct towards his vassals. The + prince replied, that he would come to Paris, but it should be at the head + of sixty thousand men.[*] The unwarlike character of Charles kept Prince + Edward, even yet, from thinking that that monarch was in earnest in this + bold and hazardous attempt. + </p> + <p> + It soon appeared what a poor return the king had received by his distant + conquests for all the blood and treasure expended in the quarrel, and how + impossible it was to retain acquisitions, in an age when no regular force + could be maintained sufficient to defend them against the revolt of the + inhabitants, especially if that danger was joined with the invasion of a + foreign enemy. + </p> + <p class="side"> + 1370. + </p> + <p> + Charles fell first upon Ponthieu, which gave the English an inlet into the + heart of France: the citizens of Abbeville opened their gates to him:[**] + those of St. Valori, Rue, and Crotoy imitated the example, and the whole + country was, in a little time, reduced to submission. The dukes of Berri + and Anjou, brothers to Charles, being assisted by Du Guesclin, who was + recalled from Spain, invaded the southern provinces; and by means of their + good conduct, the favorable dispositions of the people, and the ardor of + the French nobility, they made every day considerable progress against the + English. The state of the prince of Wales's health did not permit him to + mount on horseback, or exert his usual activity: Chandos, the constable of + Guienne, was slain in one action;[***] the Captal de Buche, who succeeded + him in that office, was taken prisoner in another:[****] and when young + Edward himself was obliged by his increasing infirmities to throw up the + command, and return to his native country, the affairs of the English in + the south of France seemed to be menaced with total ruin. + </p> + <p> + The king, incensed at these injuries, threatened to put to death all the + French hostages who remained in his hands; but on reflection abstained + from that ungenerous revenge. After resuming, by advice of parliament, the + vain title of king of France,[*****] he endeavored to send succors into + Gascony, but all his attempts, both by sea and land, proved unsuccessful. + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 247, 248. + + ** Walsing. p. 183. + + *** Froissard, liv. i. chap. 277. Walsing, p. 185. + + **** Froissard, liv. i. chap. 310. + +</pre> + <p> + The earl of Pembroke was intercepted at sea, and taken prisoner with his + whole army, near Rochelle, by a fleet which the king of Castile had fitted + out for that purpose:[*] Edward himself embarked for Bordeaux with another + army; but was so long detained by contrary winds, that he was obliged to + lay aside the enterprise.[**] Sir Robert Knolles, at the head of thirty + thousand men, marched out of Calais, and continued his ravages to the + gates of Paris, without being able to provoke the enemy to an engagement: + he proceeded in his march to the provinces of Maine and Anjou, which he + laid waste; but part of his army being there defeated by the conduct of Du + Guesclin, who was now created constable of France, and who seems to have + been the first consummate general that had yet appeared in Europe, the + rest were scattered and dispersed, and the small remains of the English + forces, instead of reaching Guienne, took shelter in Brittany, whose + sovereign had embraced the alliance of England.[***] The duke of + Lancaster, some time after, made a like attempt with an army of + twenty-five thousand men; and marched the whole length of France from + Calais to Bordeaux: but was so much harassed by the flying parties which + attended him, that he brought not the half of his army to the place of + their destination. Edward, from the necessity of his affairs was at last + obliged to conclude a truce with the enemy;[****] after almost all his + ancient possessions in France had been ravished from him, except Bordeaux + and Bayonne, and all his conquests, except Calais. + </p> + <p> + The decline of the king's life was exposed to many mortifications, and + corresponded not to the splendid and noisy scenes which had filled the + beginning and the middle of it. Besides seeing the loss of his foreign + dominions, and being baffled in every attempt to defend them, he felt the + decay of his authority at home; and experienced, from the sharpness of + some parliamentary remonstrances, the great inconstancy of the people, and + the influence of present fortune over all their judgments.[*****] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 302, 303, 304. Walsing. p. 186. + + ** Froissard, liv. i. chap. 311. Walsing. p. 187. + + *** Froissard, liv. i. chap. 291. Walsing. p. 185. + + **** Froissard, liv, i. chap. 311. Walsing. p. 187. + +</pre> + <p> + This prince, who, during the vigor of his age, had been chiefly occupied + in the pursuits of war and ambition, began, at an unseasonable period, to + indulge himself in pleasure; and being now a widower, he attached himself + to a lady of sense and spirit, one Alice Pierce, who acquired a great + ascendant over him, and by her influence gave such general disgust that, + in order to satisfy the parliament, he was obliged to remove her from + court.[*] + </p> +<pre xml:space="preserve"> + * Walsing, p. 189. +</pre> + <p> + The indolence also, naturally attending old age and infirmities, had made + him in a great measure resign the administration into the hands of his + son, the duke of Lancaster, who, as he was far from being popular, + weakened extremely the affection which the English bore to the person and + government of the king. Men carried their jealousies very far against the + duke; and as they saw, with much regret, the death of the prince of Wales + every day approaching, they apprehended lest the succession of his son + Richard, now a minor, should be defeated by the intrigues of Lancaster, + and by the weak indulgence of the old king. But Edward, in order to + satisfy both the people and the prince on this head, declared in + parliament his grandson heir and successor to the crown; and thereby cut + off all the hopes of the duke of Lancaster, if he ever had the temerity to + entertain any. + </p> + <p class="side"> + 1376. + </p> + <p> + The prince of Wales, after a lingering illness, died in the forty-sixth + year of his age; and left a character illustrious for every eminent + virtue, and, from his earliest youth till the hour he expired, unstained + by any blemish. His valor and military talents formed the smallest part of + his merit: his generosity, humanity, affability, moderation, gained him + the affections of all men; and he was qualified to throw a lustre, not + only on that rude age in which he lived, and which nowise infected him + with its vices, but on the most shining period of ancient or modern + history. + </p> + <p class="side"> + 1377. + </p> + <p> + The king survived about a year this melancholy incident: England was + deprived at once of both these princes, its chief ornament and support: he + expired in the sixty-fifth year of his age and the fifty-first of his + reign; and the people were then sensible, though too late, of the + irreparable loss which they had sustained. + </p> + <p> + The English are apt to consider with peculiar fondness the history of + Edward III., and to esteem his reign, as it was one of the longest, the + most glorious also, that occurs in the annals of their nation. The + ascendant which they then began to acquire over France, their rival and + supposed national enemy, makes them cast their eyes on this period with + great complacency, and sanctifies every measure which Edward embraced for + that end. But the domestic government of this prince is really more + admirable than his foreign victories; and England enjoyed, by the prudence + and vigor of his administration, a longer interval of domestic peace and + tranquillity than she had been blessed with in any former period, or than + she experienced for many ages after. He gained the affections of the + great, yet curbed their licentiousness: he made them feel his power, + without their daring, or even being inclined, to murmur at it: his affable + and obliging behavior, his munificence and generosity, made them submit + with pleasure to his dominion; his valor and conduct made them successful + in most of their enterprises; and their unquiet spirits, directed against + a public enemy, had no leisure to breed those disturbances to which they + were naturally so much inclined, and which the frame of the government + seemed so much to authorize. This was the chief benefit which resulted + from Edward's victories and conquests. His foreign wars were, in other + respects, neither founded in justice, nor directed to any salutary + purpose. His attempt against the king of Scotland, a minor and a + brother-in-law, and the revival of his grandfather's claim of superiority + over that kingdom, were both unreasonable and ungenerous; and he allowed + himself to be too easily seduced, by the glaring prospect of French + conquests, from the acquisition of a point which was practicable, and + which, if attained, might really have been of lasting utility to his + country and his successors. The success which he met with in France, + though chiefly owing to his eminent talents, was unexpected; and yet, from + the very nature of things, not from any unforeseen accidents, was found, + even during his lifetime, to have procured him no solid advantages. But + the glory of a conqueror is so dazzling to the vulgar, the animosity of + nations is so violent, that the fruitless desolation of so fine a part of + Europe as France, is totally disregarded by us, and is never considered as + a blemish in the character or conduct of this prince. And indeed, from the + unfortunate state of human nature, it will commonly happen, that a + sovereign of genius, such as Edward, who usually finds every thing easy in + his domestic government, will turn himself towards military enterprises, + where alone he meets with opposition, and where he has full exercise for + his industry and capacity. + </p> + <p> + Edward had a numerous posterity by his queen, Philippa of Hainault. His + eldest son was the heroic Edward, usually denominated the Black Prince + from the color of his armor. This prince espoused his cousin Joan, + commonly called the "fair maid of Kent," daughter and heir of his uncle, + the earl of Kent, who was beheaded in the beginning of this reign. She was + first married to Sir Thomas Holland, by whom she had children. By the + prince of Wales she had a son, Richard, who alone survived his father. + </p> + <p> + The second son of King Edward (for we pass over such as died in their + childhood) was Lionel, duke of Clarence, who was first married to + Elizabeth de Burgh, daughter and heir of the earl of Ulster, by whom he + left only one daughter, married to Edmund Mortimer, earl of Marche. Lionel + espoused in second marriage Violante, the daughter of the duke of + Milan,[*] and died in Italy soon after the consummation of his nuptials, + without leaving any posterity by that princess. Of all the family, he + resembled most his father and elder brother in his noble qualities. + </p> + <p> + Edward's third son was John of Gaunt, so called from the place of his + birth: he was created duke of Lancaster; and from him sprang that branch + which afterwards possessed the the crown. The fourth son of this royal + family was Edmund created earl of Cambridge by his father, and duke of + York by his nephew. The fifth son was Thomas, who received the title of + earl of Buckingham from his father, and that of duke of Glocester from his + nephew. In order to prevent confusion, we shall always distinguish these + two princes by the titles of York and Glocester, even before they were + advanced to them. + </p> + <p> + There were also several princesses born to Edward by Philippa; to wit, + Isabella, Joan, Mary, and Margaret, who espoused, in the order of their + names, Ingelram de Coucy, earl of Bedford, Alphonso, king of Castile, John + of Mountfort, duke of Brittany, and John Hastings, earl of Pembroke. The + princess Joan died at Bordeaux before the consummation of her marriage. + </p> + <p> + It is remarked by an elegant historian,[**] that conquerors though usually + the bane of bunian kind, proved often, in those feudal limes, the most + indulgent of sovereigns: they stood most in need of supplies from their + people; and not being able to compel them by force to submit to the + necessary impositions, they were obliged to make them some compensation, + by equitable laws and popular concessions. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vi. p. 564. + + ** Dr. Robertson's Hist. of Scot. book i. +</pre> + <p> + This remark is, in some measure, though imperfectly, justified by the + conduct of Edward III. He took no steps of moment without consulting his + parliament, and obtaining their approbation, which he afterwards pleaded + as a reason for their supporting his measures.[*] The parliament, + therefore, rose into greater consideration during his reign, and acquired + more regular authority, than in any former time; and even the house of + commons, which, during turbulent and factious periods, was naturally + depressed by the greater power of the crown and barons, began to appear of + some weight in the constitution. In the latter years of Edward, the king's + ministers were impeached in parliament, particularly Lord Latimer, who + fell a sacrifice to the Authority of the commons;[**] and they even + obliged the king to banish his mistress by their remonstrances. Some + attention was also paid to the election of their members; and lawyers in + particular, who were at that time men of a character somewhat inferior, + were totally excluded the house during several parliaments.[***] + </p> + <p> + One of the most popular laws enacted by any prince, was the statute which + passed in the twenty-fifth of this reign,[****] and which limited the + cases of high treason, before vague and uncertain, to three principal + heads—conspiring the death of the king, levying war against him, and + adhering to his enemies and the judges were prohibited, if any other cases + should occur, from inflicting the penalty of treason without an + application to parliament. The bounds of treason were indeed so much + limited by this statute, which still remains in force without any + alteration, that the lawyers were obliged to enlarge them, and to explain + a conspiracy for levying war against the king, to be equivalent to a + conspiracy against his life; and this interpretation, seemingly forced, + has, from the necessity of the case, been tacitly acquiesced in. + </p> +<pre xml:space="preserve"> + * Cotton's Abridg. p. 108, 120. + + ** Cotton's Abridg. p. 122. + + *** Cotton's Abridg. p. 18. + + **** Chap. 2. +</pre> + <p> + It was also ordained that a parliament should be held once a year, or + oftener, if need be; a law which, like many others, was never observed and + lost its authority by disuse.[*] + </p> + <p> + Edward granted above twenty parliamentary confirmations of the Great + Charter; and these concessions are commonly appealed to as proofs of his + great indulgence to the people, and his tender regard for their liberties. + But the contrary presumption is more natural. If the maxims of Edward's + reign had not been in general somewhat arbitrary, and if the Great Charter + had not been frequently violated, the parliament would never have applied + for these frequent confirmations, which could add no force to a deed + regularly observed, and which could serve to no other purpose, than to + prevent the contrary precedents from turning into a rule, and acquiring + authority. It was indeed the effect of the irregular government during + those ages, that a statute which had been enacted some years, instead of + acquiring, was imagined to lose, force by time, and needed to be often + renewed by recent statutes of the same sense and tenor. Hence likewise + that general clause, so frequent in old acts of parliament, that the + statutes, enacted by the king's progenitors, should be observed;[**] a + precaution which, if we do not consider the circumstances of the times, + might appear absurd and ridiculous. The frequent confirmations in general + terms of the privileges of the church proceeded from the same cause. + </p> + <p> + It is a clause in one of Edward's statutes, "that no man, of what estate + or condition soever, shall be put out of land or tenement, nor taken, nor + imprisoned, nor disherited, nor put to death, without being brought in + answer by due process of the law."[***] This privilege was sufficiently + secured by a clause of the Great Charter, which had received a general + confirmation in the first chapter of the same statute. Why then is the + clause so anxiously, and, as we may think, so superfluously repeated? + Plainly, because there had been some late infringements of it, which gave + umbrage to the commons.[****] + </p> +<pre xml:space="preserve"> + * 4 Edward III. cap. 14. + + ** 36 Edward III. cap. 1. 37 Edward III. cap. 1, etc. + + *** 28 Edward III. cap. 3. + + **** They assert, in the fifteenth of this reign, that there + had been such instances. Cotton's Abridg. p. 31. They repeat + the same in the twenty-first year. See p. 59. +</pre> + <p> + But there is no article in which the laws are more frequently repeated + during this reign, almost in the same terms, than that of purveyance which + the parliament always calls an outrageous and intolerable grievance, and + the source of infinite damage to the people.[*] The parliament tried to + abolish this prerogative altogether, by prohibiting any one from taking + goods without the consent of the owners,[**] and by changing the heinous + name of purveyors, as they term it, into that of buyers;[***] but the + arbitrary conduct of Edward still brought back the grievance upon them, + though contrary both to the Great Charter and to many statutes. This + disorder was in a great measure derived from the state of the public + finances, and of the kingdom; and could therefore the less admit of + remedy. The prince frequently wanted ready money; yet his family must be + subsisted: he was therefore obliged to employ force and violence for that + purpose, and to give tallies, at what rate he pleased, to the owners of + the goods which he laid hold of. The kingdom also abounded so little in + commodities, and the interior communication was so imperfect, that had the + owners been strictly protected by law, they could easily have exacted any + price from the king; especially in his frequent progresses, when he came + to distant and poor places, where the court did not usually reside, and + where a regular plan for supplying it could not be easily established. Not + only the king, but several great lords, insisted upon this right of + purveyance within certain districts.[****] + </p> + <p> + The magnificent Castle of Windsor was built by Edward III., and his method + of conducting the work may serve as a specimen of the condition of the + people in that age. Instead of engaging workmen by contracts and wages, he + assessed every county in England to send him a certain number of masons, + tilers, and carpenters, as if he had been levying an army.[*****] + </p> + <p> + They mistake, indeed, very much the genius of this reign, who imagine that + it was not extremely arbitrary. All the high prerogatives of the crown + were to the full exerted in it; but what gave some consolation, and + promised in time some relief to the people, they were always complained of + by the commons: such as the dispensing power;[******] the extension of the + forests;[*******] erecting monopolies;[********] exacting loans—[*********] + </p> +<pre xml:space="preserve"> + * 36 Edward III. etc. + + ** 14 Edward III. cap. 19. + + *** 36 Edward III. cap. 2. + + **** 7 Richard II. cap. 8. + +</pre> +<pre xml:space="preserve"> + ****** Cotton's Abridg. p. 71. + + ******* Cotton's Abridg. p. 56, 61, 122. + + ******** Rymer, vol. v. p. 491, 574. Cotton's Abridg. p. 56. +</pre> + <p> + —stopping justice by particular warrants;[*] the renewal of the + commission of "trailbaton;"[**] pressing men and ships into the public + service;[***] levying arbitrary and exorbitant fines;[****] extending the + authority of the privy council or star-chamber to the decision of private + causes;[*****] enlarging the power of the mareschal's and other arbitrary + courts;[******] imprisoning members for freedom of speech in + parliament;[*******] obliging people without any rule to send recruits of + men at arms, archers, and hoblers to the army.[********] + </p> +<pre xml:space="preserve"> + * Cotton, p. 114. + + ** Cotton, p. 67. + + *** Cotton, p. 47, 79, 113. + + **** Cotton, p. 32. + + ****** Cotton, p. 74. + + ******* Walsing. p. 189, 190. +</pre> + <p> + But there was no act of arbitrary power more frequently repeated in this + reign, than that of imposing taxes without consent of parliament. Though + that assembly granted the king greater supplies than had ever been + obtained by any of his predecessors, his great undertakings, and the + necessity of his affairs, obliged him to levy still more; and after his + splendid success against France had added weight to his authority, these + arbitrary impositions became almost annual and perpetual. Cotton's + Abridgment of the records affords numerous instances of this kind, in the + first[*] year of his reign, in the thirteenth year,[**] in the + fourteenth,[***] in the twentieth,[****] in the twenty-first,[*****] in + the twenty-second,[******] in the twenty fifth,[*******] in the + thirty-eighth,[********] in the fiftieth,[*********] and in the + fifty-first,[**********] + </p> +<pre xml:space="preserve"> + * Tyrrel's Hist. vol. iii. p. 554, from the records. + + ** Rymer, vol. iv. p. 363. + + *** Page 17, 18. + + **** Page 39. + + ****** Page 52, 53, 57, 58. + + ******* Page 69. + + ******** Page 76. + + ********* Page 101. + + ********** Page 138. +</pre> + <p> + The king openly avowed and maintained this power of levying taxes at + pleasure. At one time, he replied to the remonstrance made by the commons + against it, that the impositions had been exacted from great necessity, + and had been assented to by the prelates, earls, barons, and some of the + commons;[*] at another, that he would advise with his council.[**] When + the parliament desired that a law might be enacted for the punishment of + such as levied these arbitrary impositions he refused compliance.[***] + </p> +<pre xml:space="preserve"> + * Page 152. + + ** Cotton, p. 53. He repeats the same answer in p. 60. "Some + of the commons" were such as he should be pleased to consult + with. + + *** Cotton, p. 57. +</pre> + <p> + In the subsequent year, they desired that the king might renounce this + pretended prerogative; but his answer was, that he would levy no taxes + without necessity for the defence of the realm, and where he reasonably + might use that authority.[*] This incident passed a few days before his + death; and these were, in a manner, his last words to his people. It would + seem that the famous charter or statute of Edward I., "de tallagio non + concedendo," though never repealed, was supposed to have already lost by + age all its authority. + </p> + <p> + These facts can only show the practice of the times: for as to the right, + the continual remonstrances of the commons may seem to prove that it + rather lay on their side: at least, these remonstrances served to prevent + the arbitrary practices of the court from becoming an established part of + the constitution. In so much a better condition were the privileges of the + people even during the arbitrary reign of Edward III., than during some + subsequent ones, particularly those of the Tudors, where no tyranny or + abuse of power ever met with any check or opposition, or so much as a + remonstrance, from parliament. + </p> + <p> + In this reign, we find, according to the sentiments of an ingenious and + learned author, the first strongly marked and probably contested + distinction between a proclamation by the king and his privy council, and + a law which had received the assent of the lords and commons.[**] + </p> + <p> + It is easy to imagine, that a prince of so much sense and spirit as + Edward, would be no slave to the court of Rome. Though the old tribute was + paid during some years of his minority,[***] he afterwards withheld it; + and when the pope, in 1367, threatened to cite him to the court of Rome + for default of payment, he laid the matter before his parliament. That + assembly unanimously declared, that King John could not, without a + national consent, subject his kingdom to a foreign power; and that they + were therefore determined to support their sovereign against this unjust + pretension.[****] + </p> +<pre xml:space="preserve"> + * Cotton, p. 132. + + ** Observations on the Statutes, p. 193. + + *** Rymer, vol. iv. p. 434. + + **** Cotton's Abridg. p. 110. +</pre> + <p> + During this reign, the statute of provisors was enacted, rendering it + penal to procure any presentations to benefices from the court of Rome, + and securing the rights of all patrons and electors, which had been + extremely encroached on by the pope.[*] By a subsequent statute, every + person was outlawed who carried any cause by appeal to the court of + Rome.[**] + </p> + <p> + The laity at this time seem to have been extremely prejudiced against the + papal power, and even somewhat against their own clergy, because of their + connections with the Roman pontiff. The parliament pretended, that the + usurpations of the pope were the cause of all the plagues, injuries, + famine, anc poverty of the realm; were more destructive to it than al the + wars; and were the reason why it contained not a third of the inhabitants + and commodities which it formerly possessed: that the taxes levied by him + exceeded five times those which were paid to the king; that every thing + was venal in that sinful city of Rome; and that even the patrons in + England had thence learned to practise simony without shame or + remorse.[***] At another time, they petition the king to employ no + churchman in any office of state;[****] and they even speak in plain terms + of expelling by force the papal authority, and thereby providing a remedy + against oppressions, which they neither could, nor would, any longer + endure.[*****] Men who talked in this strain, were not far from the + reformation: but Edward did not think proper to second all this zeal. + Though he passed the statute of provisors, he took little care of its + execution; and the parliament made frequent complaints of his negligence + on this head.[******] He was content with having reduced such of the + Romish ecclesiastics as possessed revenues in England, to depend entirely + upon him by means of that statute. + </p> + <p> + As to the police of the kingdom during this period, it was certainly + better than during times of faction, civil war, and disorder, to which + England was so often exposed: yet were there several vices in the + constitution, the bad consequences of which all the power and vigilance of + the king could not prevent. The barons, by their confederacies with those + of their own order, and by supporting and defending their retainers in + every iniquity,[*******] were the chief abettors of robbers, murderers, + and ruffians of all kinds; and no law could be executed against those + criminals. + </p> +<pre xml:space="preserve"> + * 25 Edward III. 27 Edward III. + + ** 27 Edward III. 38 Edward III. + + *** Cotton, p. 74, 128, 129. + + **** Cotton, p. 112. + + ****** Cotton, p. 119, 128 129, 130, 143. + + ******* 11 Edward III. cap. 14. + + ******** 4 Edward III. cap. + + ********* 15 Edward III cap. 4. +</pre> + <p> + The nobility were brought to give their promise in parliament, that they + would not avow retain, or support any felon or breaker of the law;[*] yet + this, engagement, which we may wonder to see exacted from men of their + rank, was never regarded by them. The commons make continual complaints of + the multitude of robberies, murders, rapes, and other disorders, which, + they say, were become numberless in every part of the kingdom, and which + they always ascribe to the protection that the criminals received from the + great.[**]The king of Cyprus, who paid a visit to England in this reign, + was robbed and stripped on the highway with his whole retinue.[***] Edward + himself contributed to this dissolution of law, by his facility in + granting pardons to felons, from the solicitation of the courtiers. Laws + were made to retrench this prerogative,[****] and remonstrances of the + commons were presented against the abuse of it;[*****] but to no purpose. + The gratifying of a powerful nobleman continued still to be of more + importance than the protection of the people. The king also granted many + franchises, which interrupted the course of justice and the execution of + the laws.[******] + </p> +<pre xml:space="preserve"> + * Cotton, p. 10. + + ** Cotton, p. 51, 62, 64, 70, 160. + + *** Walsing. p. 170. + + **** 10 Edward III. cap. 2. 27 Edward III. cap. 2. + + ****** Cotton, p. 54. +</pre> + <p> + Commerce and industry were certainly at a very low ebb during this period. + The bad police of the country alone affords a sufficient reason. The only + exports were wool, skins, hides leather, butter, tin, lead, and such + unmanufactured goods, of which wool was by far the most considerable. + Knyghton has asserted, that one hundred thousand sacks of wool were + annually exported, and sold at twenty pounds a sack, money of that age. + But he is widely mistaken both in the quantity exported and in the value. + In 1349, the parliament remonstrate, that the king, by an illegal + imposition of forty shillings on each sack exported, had levied sixty + thousand pounds a year:[*] which reduces the annual exports to thirty + thousand sacks. A sack contained twenty-six stone, and each stone fourteen + pounds;[**] and at a medium was not valued at above five pounds a + sack,[***] that is, fourteen or fifteen pounds of our present money. + Knyghton's computation raises it to sixty pounds, which is near four times + the present price of wool in England. + </p> +<pre xml:space="preserve"> + * Cotton, p. 48, 69. + + ** 34 Edward III. cap. 5. + + *** Cotton, p. 29. +</pre> + <p> + According to this reduced computation, the export of wool brought into the + kingdom about four hundred and thousand pounds of our present money, + instead of six millions, which is an extravagant sum. Even the former sum + is so high, as to afford a suspicion of some mistake in the computation of + the parliament with regard to the number of sacks exported. Such mistakes + were very usual in those ages. + </p> + <p> + Edward endeavored to introduce and promote the woolen manufacture, by + giving protection and encouragement to foreign weavers,[*] and by enacting + a law, which prohibited every one from wearing any cloth but of English + fabric.[*] The parliament prohibited the exportation of woollen goods, + which was not so well judged, especially while the exportation of + unwrought wool was so much allowed and encouraged. A like injudicious law + was made against the exportation of manufactured iron.[**] + </p> + <p> + It appears from a record in the exchequer, that in 1354 the exports of + England amounted to two hundred and ninety-four thousand one hundred and + eighty-four pounds seventeen shillings and twopence; the imports to + thirty-eight thousand nine hundred and seventy pounds three shillings and + sixpence, money of that time. This is a great balance, considering that it + arose wholly from the exportation of raw wool and other rough materials. + The import was chiefly linen and fine cloth, and some wine. England seems + to have been extremely drained at this time by Edward's foreign + expeditions and foreign subsidies, which probably was the reason why the + exports so much exceed the imports. + </p> + <p> + The first toll we read of in England for mending the highways, was imposed + in this reign: it was that for repairing the road between St. Giles's and + Temple Bar.[***] + </p> + <p> + In the first of Richard II., the parliament complain extremely of the + decay of shipping during the preceding reign, and assert that one seaport + formerly contained more vessels than were then to be found in the whole + kingdom. This calamity they ascribe to the arbitrary seizure of ships by + Edward for the service of his frequent expeditions.[****] The parliament + in the fifth of Richard renew the same complaint;[*****] and we likewise + find it made in the forty-sixth of Edward III. + </p> +<pre xml:space="preserve"> + * 11 Edward III. cap. 5. Rymer, vol. iv. p. 723. Murimuth p. + 88. + + ** 11 Edward III. cap. 2. + + *** 28 Edward III. cap. 5. + + **** Rymer, vol. v. p. 520. + +</pre> + <p> + So false is the common opinion that this reign was favorable to commerce. + </p> + <p> + There is an order of this king, directed to the mayor and sheriffs of + London, to take up all ships of forty ton and upwards, to be converted + into ships of war.[*] + </p> + <p> + The parliament attempted the impracticable scheme of reducing the price of + labor after the pestilence, and also that of poultry,[**] A reaper, in the + first week of August, was not allowed above twopence a day, or near + sixpence of our present money; in the second week, a third more. A master + carpenter was limited through the whole year to threepence a day, a common + carpenter to twopence, money of that age.[***] It is remarkable that, in + the same reign, the pay of a common soldier, an archer, was sixpence a + day; which, by the change both in denomination and value, would be + equivalent to near five shillings of our present money.[****] Soldiers + were then enlisted only for a very short time; they lived idle all the + rest of the year, and commonly all the rest of their lives: one successful + campaign, by pay and plunder, and the ransom of prisoners, was supposed to + be a small fortune to a man; which was a great allurement to enter into + the service.[*****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. iv. p. 664. + + ** 37 Edward III. cap. 3. + + **** 25 Edward III, cap. I. 3. + + ****** Brady's Hist. vol. ii. App No. 92. +</pre> + <p> + The staple of wool, wool-fells, leather, and lead, was fixed by act of + parliament in particular towns of England.[*] Afterwards it was removed by + law to Calais: but Edward, who commonly deemed his prerogative above law, + paid little regard to these statutes; and when the parliament remonstrated + with him on account of those acts of power, he plainly told them, that he + would proceed in that matter as he thought proper.[**] It is not easy to + assign the reason of this great anxiety for fixing a staple; unless, + perhaps, it invited foreigners to a market, when they knew beforehand, + that they should there meet with great choice of any particular species of + commodity. This policy of inviting foreigners to Calais was carried so + far, that all English merchants were prohibited by law from exporting any + English goods from the staple; which was in a manner the total abandoning + of all foreign navigation, except that to Calais;[***] a contrivance + seemingly extraordinary. + </p> +<pre xml:space="preserve"> + *Brady, ibid. + + ** Commodities seem to have risen since the conquest. + Instead of being ten times cheaper than at present, they + were, in the age of Edward III., only three or four times. + This change seems to have taken place in a great measure + since Edward I. The allowance granted by Edward III. to the + earl of Murray, then a prisoner in Nottingham Castle, is one + pound a week; whereas the bishop of St. Andrews, the primate + of Scotland, had only sixpence a day allowed him by Edward + I. + + *** 27 Edward III. +</pre> + <p> + The pay of a man at arms was quadruple. We may therefore conclude, that + the numerous armies mentioned by historians in those times, consisted + chiefly of ragamuffins who followed the camp, and lived by plunder. + Edward's army before Calais consisted of thirty-one thousand and + ninety-four men; yet its pay for sixteen months was only one hundred and + twenty-seven thousand two hundred and one pounds. + </p> + <p> + It was not till the middle of this century that the English began to + extend their navigation even to the Baltic;[*] nor till the middle of the + subsequent, that they sailed to the Mediterranean.[**] + </p> + <p> + Luxury was complained of in that age, as well as in others of more + refinement; and attempts were made by parliament to restrain it, + particularly on the head of apparel, where surely it is the most obviously + innocent and inoffensive. No man under a hundred a year was allowed to + wear gold, silver, or silk in his clothes; servants, also, were prohibited + from eating flesh meat, or fish, above once a day.[***] By another law it + was ordained, that no one should be allowed, either for dinner or supper, + above three dishes in each course, and not above two courses; and it is + likewise expressly declared that "soused" meat is to count as one of these + dishes.[****] It was easy to foresee that such ridiculous laws must prove + ineffectual, and could never be executed. + </p> + <p> + The use of the French language, in pleadings and public deeds, was + abolished.[*****] It may appear strange, that the nation should so long + have worn this badge of conquest: but the king and nobility seem never to + have become thoroughly English, or to have forgotten their French + extraction, till Edward's wars with France gave them an antipathy to that + nation. Yet still it was long before the use of the English tongue came + into fashion. The first English paper which we meet with in Rymer is in + the year 1386, during the reign of Richard II.[******] + </p> +<pre xml:space="preserve"> + * Cotton, p. 117. + + ** 27 Edward III. cap. 7. + + *** Anderson, vol. i. p. 151. + + **** Anderson, vol. i. p. 177. + + ****** 10 Edward III., 36 Edward III. cap. 15. + + ******* Rymer, vol. vii. p. 526. This paper, by the style, + seems to have been drawn by the Scots, and was signed by the + wardens of the marches only. +</pre> + <p> + There are Spanish papers in that collection of more ancient date:[*] and + the use of the Latin and French still continued. We may judge of the + ignorance of this age in geography, from a story told by Robert of + Avesbury. Pope Clement VI having, in 1344, created Lewis of Spain prince + of the Fortunate Islands, meaning the Canaries, then newly discovered, the + English ambassador at Rome and his retinue were seized with an alarm, that + Lewis had been created king of England; and they immediately hurried home, + in order to convey this important intelligence. Yet such was the ardor for + study at this time, that Speed in his Chronicle informs us, there were + then thirty thousand students in the university of Oxford alone. What was + the occupation of all these young men? To learn very bad Latin, and still + worse logic. + </p> + <p> + In 1364, the commons petitioned, that, in consideration of the preceding + pestilence, such persons as possessed manors holding of the king in chief, + and had let different leases without obtaining licenses, might continue to + exercise the same power, till the country were become more populous.[**] + The commons were sensible, that this security of possession was a good + means for rendering the kingdom prosperous and flourishing; yet durst not + apply, all at once, for a greater relaxation of their chains. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vi. p. 654. + + ** Cotton, p. 97. +</pre> + <p> + There is not a reign among those of the ancient English monarchs, which + deserves more to be studied than that of Edward III., nor one where the + domestic transactions will better discover the true genius of that kind of + mixed government, which was then established in England. The struggles + with regard to the validity and authority of the Great Charter were now + over: the king was acknowledged to lie under some limitations: Edward + himself was a prince of great capacity, not governed by favorites, nor led + astray by any unruly passion, sensible that nothing could be more + essential to his interests than to keep on good terms with his people: + yet, on the whole, it appears that the government at best was only a + barbarous monarchy, not regulated by any fixed maxims, or bounded by any + certain undisputed rights, which in practice were regularly observed. The + king conducted himself by one set of principles, the barons by another, + the commons by a third, the clergy by a fourth. All these systems of + government were opposite and incompatible: each of them prevailed in its + turn, as incidents were favorable to it: a great prince rendered the + monarchical power predominant; the weakness of a king gave reins to the + aristocracy; a superstitious age saw the clergy triumphant; the people, + for whom chiefly government was instituted, and who chiefly deserve + consideration, were the weakest of the whole. But the commons, little + obnoxious to any other order, though they sunk under the violence of + tempests, silently reared their head in more peaceable times; and while + the storm was brewing, were courted by all sides, and thus received still + some accession to their privileges, or, at worst, some confirmation of + them. + </p> + <p> + It has been an established opinion that gold coin was not struck till this + reign; but there has lately been found proof that it is as ancient as + Henry III.[*] + </p> +<pre xml:space="preserve"> + * See Observations on the more ancient Statutes, p. 375, 3d + edit. +</pre> + <p> + <a name="link2HCH0006" id="link2HCH0006"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XVII. + </h2> + <p> + <a name="linkimage-0007" id="linkimage-0007"> + <!-- IMG --></a> <a href="images/1_237_richard2.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_237_richard2_th.jpg" title="Richard II." + alt="1_237_richard2.jpg Richard II. " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0012" id="link2H_4_0012"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + RICHARD II. + </h2> + <p class="side"> + 1377. + </p> + <p> + THE parliament which was summoned soon after the king's accession, was + both elected and assembled in tranquillity; and the great change, from a + sovereign of consummate wisdom and experience to a boy of eleven years of + age, was not immediately felt by the people. The habits of order and + obedience which the barons had been taught, during the long reign of + Edward, still influenced them; and the authority of the king's three + uncles, the dukes of Lancaster, York, and Glocester, sufficed to repress, + for a time, the turbulent spirit to which that order, in a weak reign, was + so often subject. The dangerous ambition, too, of these princes themselves + was checked, by the plain and undeniable title of Richard, by the + declaration of it made in parliament, and by the affectionate regard which + the people bore to the memory of his father, and which was naturally + transferred to the young sovereign upon the throne. The different + characters, also, of these three princes rendered them a counterpoise to + each other; and it was natural to expect, that any dangerous designs which + might be formed by one brother, would meet with opposition from the + others. Lancaster, whose age and experience, and authority under the late + king, gave him the ascendant among them, though his integrity seemed not + proof against great temptations, was neither of an enterprising spirit, + nor of a popular and engaging temper. York was indolent, inactive, and of + slender capacity. Glocester was turbulent, bold, and popular; but being + the youngest of the family, was restrained by the power and authority of + his elder brothers. There appeared, therefore, no circumstance in the + domestic situation of England which might endanger the public peace, or + give any immediate apprehensions to the lovers of their country. + </p> + <p> + But as Edward, though he had fixed the succession to the crown, had taken + no care to establish a plan of government during the minority of his + grandson, it behoved the parliament to supply this defect; and the house + of commons distinguished themselves by taking the lead on the occasion. + This house, which had been rising to consideration during the whole course + of the late reign, naturally received an accession of power during the + minority; and as it was now becoming a scene of business, the members + chose for the first time a speaker, who might preserve order in their + debates, and maintain those forms which are requisite in all numerous + assembles. Peter de la Mare was the man pitched on; the same person that + had been imprisoned and detained in custody by the late king for his + freedom of speech, in attacking the mistress and the ministers of that + prince. But though this election discovered a spirit of liberty in the + commons, and was followed by further attacks, both on these ministers and + on Alice Pearce,[*] they were still too sensible of their great + inferiority to assume at first any immediate share in the administration + of government, or the care of the king's person. They were content to + apply by petition to the lords for that purpose, and desire them both to + appoint a council of nine, who might direct the public business, and to + choose men of virtuous life and conversation, who might inspect the + conduct and education of the young prince. The lords complied with the + first part of this request, and elected the bishops of London, Carlisle, + and Salisbury, the earls of Marche and Stafford, Sir Richard de Stafford, + Sir Henry le Scrope, Sir John Devereux, and Sir Hugh Segrave, to whom they + gave authority for a year to conduct the ordinary course of business.[**] + But as to the regulation of the king's household, they declined + interposing in an office which, they said, both was invidious in itself, + and might prove disagreeable to his majesty. + </p> +<pre xml:space="preserve"> + * Walsing. p. 150. + + ** Rymer, vol. vii. p. 161. +</pre> + <p> + The commons, as they acquired more courage, ventured to proceed a step + farther in their applications. They presented a petition, in which they + prayed the king to check the prevailing custom among the barons of forming + illegal confederacies, and supporting each other, as well as men of + inferior rank, in the violations of law and justice. They received from + the throne a general and an obliging answer to this petition: but another + part of their application, that all the great officers should, during the + king's minority, be appointed by parliament, which seemed to require the + concurrence of the commons, as well as that of the upper house, in the + nomination, was not complied with: the lords alone assumed the power of + appointing these officers. The commons tacitly acquiesced in the choice; + and thought that, for, the present, they themselves had proceeded a + sufficient length, if they but advanced their pretensions, though + rejected, of interposing in these more important matters of state. + </p> + <p> + On this footing then the government stood. The administration was + conducted entirely in the king's name: no regency was expressly appointed: + the nine counsellors and the great officers named by the peers, did their + duty each in his respective department; and the whole system was for some + years kept together, by the secret authority of the king's uncles, + especially of the duke of Lancaster, who was in reality the regent. + </p> + <p> + The parliament was dissolved, after the commons had represented the + necessity of their being reassembled once every year, as appointed by law; + and after having elected two citizens as their treasurers, to receive and + disburse the produce of two fifteenths and tenths, which they had voted to + the crown. In the other parliaments called during the minority, the + commons still discover a strong spirit of freedom, and a sense of their + own authority, which, without breeding any disturbance, tended to secure + their independence and that of the people.[*] <a href="#linknote-11" + name="linknoteref-11" id="linknoteref-11">11</a> + </p> +<pre xml:space="preserve"> + * See note K, at the end of the volume. +</pre> + <p> + Edward had left his grandson involved in many dangerous wars. The + pretensions of the duke of Lancaster to the crown of Castile, made that + kingdom still persevere in hostilities against England. Scotland, whose + throne was now filled by Robert Stuart, nephew to David Bruce, and the + first prince of that family, maintained such close connections with + France, that war with one crown almost inevitably produced hostilities + with the other. The French monarch, whose prudent conduct had acquired him + the surname of Wise, as he had already baffled all the experience and + valor of the two Edwards, was likely to prove a dangerous enemy to a minor + king: but his genius, which was not naturally enterprising, led him not at + present to give any disturbance to his neighbors; and he labored, besides, + under many difficulties at home, which it was necessary for him to + surmount, before he could think of making conquests in a foreign country. + England was master of Calais, Bordeaux, and Bayonne; had lately acquired + possession of Cherbourg from the cession of the king of Navarre, and of + Brest from that of the duke of Brittany;[*] and having thus an easy + entrance into France from every quarter, was able, even in its present + situation, to give disturbance to his government. Before Charles could + remove the English from these important posts, he died in the flower of + his age, and left his kingdom to a minor son who bore the name of Charles + VI. + </p> + <p class="side"> + 1378. + </p> + <p> + Meanwhile the war with France was carried on in a manner somewhat languid, + and produced no enterprise of great lustre or renown. Sir Hugh Calverly, + governor of Calais, making an inroad into Picardy with a detachment of the + garrison, set fire to Boulogne.[**] The duke of Lancaster conducted an + army into Brittany, but returned without being able to perform any thing + memorable. + </p> + <p class="side"> + 1380. + </p> + <p> + In a subsequent year, the duke of Glocester marched out of Calais with a + body of two thousand cavalry and eight thousand infantry, and scrupled + not, with his small army, to enter into the heart of France, and to + continue his ravages through Picardy, Champaigne, the Brie, the Beausse, + the Gatinois, the Orleanois, till he reached his allies in the province of + Brittany.[***] The duke of Burgundy, at the head of a more considerable + army, came within sight of him; but the French were so overawed by the + former successes of the English, that no superiority of numbers could + tempt them to venture a pitched battle with the troops of that nation. As + the duke of Brittany, soon after the arrival of these succors, formed an + accommodation with the court of France, this enterprise also proved in the + issue unsuccessful, and made no durable impression upon the enemy. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vii. p. 190. + + ** Walsing, p. 209. + + *** Froissard, liv. ii. chap. 50, 51. Walsing. p. 239. +</pre> + <p> + The expenses of these armaments, and the usual want of economy attending a + minority, much exhausted the English treasury, and obliged the parliament, + besides making some alterations in the council, to impose a new and + unusual tax of three groats on every person, male and female, above + fifteen years of age; and they ordained that, in levying that tax, the + opulent should relieve the poor by an equitable compensation. This + imposition produced a mutiny, which was singular in its circumstances. All + history abounds with examples where the great tyrannize over the meaner + sort; but here the lowest populace rose against their rulers, committed + the most cruel ravages upon them, and took vengeance for all former + oppressions. + </p> + <p class="side"> + 1381. + </p> + <p> + The faint dawn of the arts and of good government in that age, had excited + the minds of the populace, in different states of Europe, to wish for a + better condition, and to murmur against those chains which the laws + enacted by the haughty nobility and gentry, had so long imposed upon them. + The commotions of the people in Flanders, the mutiny of the peasants in + France, were the natural effects of this growing spirit of independence; + and the report of these events being brought into England, where personal + slavery, as we learn from Froissard,[*] was more general than in any other + country in Europe, had prepared the minds of the multitude for an + insurrection. One John Ball, also, a seditious preacher, who affected low + popularity, went about the country and inculcated on his audience the + principles of the first origin of mankind from one common stock, their + equal right to liberty and to all the goods of nature, the tyranny of + artificial distinctions, and the abuses which had arisen from the + degradation of the more considerable part of the species, and the + aggrandizement of a few insolent rulers.[**] These doctrines, so agreeable + to the populace, and so conformable to the ideas of primitive equality + which are engraven in the hearts of all men, were greedily received by the + multitude, and scattered the sparks of that sedition which the present tax + raised into a conflagration.[***] + </p> +<pre xml:space="preserve"> + * Liv. ii. chap. 74. + + ** Froissard, liv. ii. chap. 74. Walsing. p. 275. + + *** There were two verses at that time in the mouths of all + the common people, which, in spite of prejudice, one cannot + but regard with some degree of approbation:— + + When Adam delv'd and Eve span, + Where was then the gentleman? +</pre> + <p> + The imposition of three groats a head had been farmed out to tax-gatherers + in each county, who levied the money on the people with rigor; and the + clause, of making the rich ease their poorer neighbors of some share of + the burden, being so vague and undeterminate, had doubtless occasioned + many partialities, and made the people more sensible of the unequal lot + which Fortune had assigned them in the distribution of her favors. The + first disorder was raised by a blacksmith in a village of Essex. The + tax-gatherers came to this man's shop while he was at work, and they + demanded payment for his daughter, whom he asserted to be below the age + assigned by the statute. One of these fellows offered to produce a very + indecent proof to the contrary, and at the same time laid hold of the + maid; which the father resenting, immediately knocked out the ruffian's + brains with his hammer. The bystanders applauded the action, and + exclaimed, that it was full time for the people to take vengeance on their + tyrants, and to vindicate their native liberty. They immediately flew to + arms: the whole neighborhood joined in the sedition: the flame spread in + an instant over the county: it soon propagated itself into that of Kent, + of Hertford, Surrey, Sussex, Suffolk, Norfolk, Cambridge, and Lincoln. + Before the government had the least warning of the danger, the disorder + had grown beyond control or opposition: the populace had shaken off all + regard to their former masters; and being headed by the most audacious and + criminal of their associates, who assumed the feigned names of Wat Tyler, + Jack Straw, Hob Carter, and Tom Miller, by which they were fond of + denoting their mean origin, they committed every where the most outrageous + violence on such of the gentry or nobility as had the misfortune to fall + into their hands. + </p> + <p> + The mutinous populace, amounting to a hundred thousand men, assembled on + Blackheath under their leaders, Tyler and Straw; and as the princess of + Wales, the king's mother, returning from a pilgrimage to Canterbury, + passed through the midst of them, they insulted her attendants, and some + of the most insolent among them, to show their purpose of levelling all + mankind, forced kisses from her; but they allowed her to continue her + journey, without attempting any further injury.[*] They sent a message to + the king, who had taken shelter in the Tower; and they desired a + conference with him. Richard sailed down the river in a barge for that + purpose; but on his approaching the shore, he saw such symptoms of tumult + and insolence, that he put back and returned to that fortress.[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. ii. chap. 74. + + ** Froissard, liv. ii. chap 75. +</pre> + <p> + The seditious peasants, meanwhile, favored by the populace of London, had + broken into the city; had burned the duke of Lancaster's palace of the + Savoy; cut off the heads of all the gentlemen whom they laid hold of; + expressed a particular animosity against the lawyers and attorneys; and + pillaged the warehouses of the rich merchants.[*] A great body of them + quartered themselves at Mile End; and the king, finding no defence in the + Tower, which was weakly garrisoned and ill supplied with provisions, was + obliged to go out to them and ask their demands. They required a general + pardon, the abolition of slavery, freedom of commerce in market towns + without toll or impost, and a fixed rent on lands, instead of the services + due by villainage. These requests, which, though extremely reasonable in + themselves, the nation was not sufficiently prepared to receive, and which + it was dangerous to have extorted by violence, were, however, complied + with; charters to that purpose were granted them; and this body + immediately dispersed, and returned to their several homes.[**] + </p> + <p> + During this transaction, another body of the rebels had broken into the + Tower; had murdered Simon Sudbury, the primate and chancellor, with Sir + Robert Hales, the treasurer, and some other persons of distinction; and + continued their ravages in the city.[***] + </p> +<pre xml:space="preserve"> + * Froissard, liv. ii, chap. 76. Walsing. p. 248, 249. + + ** Froissard, liv. ii chap. 77. + + *** Walsing, p. 250, 251. +</pre> + <p> + <a name="linkimage-0008" id="linkimage-0008"> + <!-- IMG --></a> <a href="images/1_239_tyler.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_239_tyler_th.jpg" title="Wat Tyler" + alt="1_239_tyler.jpg Wat Tyler " width="100%" /><br /> + </div> + <p> + The king, passing along Smithfield, very slenderly guarded, met with Wat + Tyler at the head of these rioters, and entered into a conference with + him. Tyler, having ordered his companions to retire till he should give + them a signal, after which they were to murder all the company except the + king himself, whom they were to detain prisoner, feared not to come into + the midst of the royal retinue. He there behaved himself in such a manner, + that Walworth, the mayor of London, not able to bear his insolence, drew + his sword, and struck him so violent a blow as brought him to the ground, + where he was instantly despatched by others of the king's attendants. The + mutineers, seeing their leader fall, prepared themselves for revenge; and + this whole company, with the king himself, had undoubtedly perished on the + spot, had it not been for an extraordinary presence of mind which Richard + discovered on the occasion. He ordered his company to stop; he advanced + alone towards the enraged multitude, and accosting them with an affable + and intrepid countenance, he asked them, "What is the meaning of this + disorder my good people? Are ye angry that ye have lost your leader? I am + your king: I will be your leader." The populace, overawed by his presence, + implicitly followed him. He led them into the fields, to prevent any + disorder which might have arisen by their continuing in the city. Being + there joined by Sir Robert Knolles, and a body of well-armed veteran + soldiers, who had been secretly drawn together, he strictly prohibited + that officer from falling on the rioters, and committing an + undistinguished slaughter upon them; and he peaceably dismissed them with + the same charters which had been granted to their fellows.[*] Soon after, + the nobility and gentry, hearing of the king's danger, in which they were + all involved, flocked to London, with their adherents and retainers; and + Richard took the field at the head of an army forty thousand strong.[**] + It then behoved all the rebels to submit: the charters of enfranchisement + and pardon were revoked by parliament; the low people were reduced to the + same slavish condition as before; and several of the ringleaders were + severely punished for the late disorders. Some were even executed without + process or form of law.[***] It was pretended, that the intentions of the + mutineers had been to seize the king's person, to carry him through + England at their head; to murder all the nobility, gentry, and lawyers, + and even all the bishops and priests, except the mendicant friars; to + despatch afterwards the king himself, and, having thus reduced all to a + level, to order the kingdom at their pleasure.[****] It is not impossible + but many of them, in the delirium of their first success, might have + formed such projects: but of all the evils incident to human society, the + insurrections of the populace, when not raised and supported by persons of + higher quality, are the least to be dreaded: the mischiefs consequent to + an abolition of all rank and distinction become so great, that they are + immediately felt, and soon bring affairs back to their former order and + arrangement. + </p> +<pre xml:space="preserve"> + * Froissard, liv. ii. chap. 77. Walsing. p. 252. Knyghton, + p. 2637. + + ** Walsing. p. 267. + + *** 5 Rich. II. cap. ult., as quoted in the Observations on + Ancient Statutes, p. 262. + + **** Walsing. p. 265. +</pre> + <p> + <a name="linkimage-0009" id="linkimage-0009"> + <!-- IMG --></a> <a href="images/1_246_richard.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_246_richard_th.jpg" + title="Richard II. Entry Into London" + alt="1_246_richard.jpg Richard II. Entry Into London " width="100%" /><br /> + </div> + <p> + A youth of sixteen, (which was at this time the king's age) who had + discovered so much courage, presence of mind, and address, and had so + dexterously eluded the violence of this tumult, raised great expectations + in the nation; and it was natural to hope that he would, in the course of + his life, equal the glories which had so uniformly attended his father and + his grandfather in all their undertakings. {1385. + </p> + <p> + But in proportion as Richard advanced in years, these hopes vanished; and + his want of capacity, at least of solid judgment, appeared in every + enterprise which he attempted. The Scots, sensible of their own deficiency + in cavalry, had applied to the regency of Charles VI.; and John de Vienne, + admiral of France, had been sent over with a body of one thousand five + hundred men at arms, to support them in their incursions against the + English. The danger was now deemed by the king's uncles somewhat serious; + and a numerous army of sixty thousand men was levied, and they marched + into Scotland with Richard himself at their head. The Scots did not + pretend to make resistance against so great a force: they abandoned + without scruple their country to be pillaged and destroyed by the enemy: + and when De Vienne expressed his surprise at this plan of operations, they + told him, that all their cattle was driven into the forests and + fastnesses; that their houses and other goods were of small value; and + that they well knew how to compensate any losses which they might sustain + in that respect, by making an incursion into England. Accordingly, when + Richard entered Scotland by Berwick and the east coast, the Scots, to the + number of thirty thousand men, attended by the French, entered the borders + of England by the west, and carrying their ravages through Cumberland, + Westmoreland, and Lancashire, collected a rich booty, and then returned in + tranquillity to their own country. Richard, meanwhile, advanced towards + Edinburgh, and destroyed in his way all the towns and villages on each + side of him: he reduced that city to ashes: he treated in the same manner + Perth, Dundee, and other places in the low countries; but when he was + advised to march towards the west coast, to await there the return of the + enemy, and to take revenge on them for their devastations, his impatience + to return to England, and enjoy his usual pleasures and amusements, + outweighed every consideration; and he led back his army without effecting + any thing by all these mighty preparations. The Scots, soon after, finding + the heavy bodies of French cavalry very useless in that desultory kind of + war to which they confined themselves, treated their allies so ill, that + the French returned home, much disgusted with the country and with the + manners of its inhabitants.[*] And the English, though they regretted the + indolence and levity of their king, saw themselves for the future secured + against any dangerous invasion from that quarter. + </p> + <p class="side"> + 1386. + </p> + <p> + But it was so material an interest of the French court to wrest the + seaport towns from the hands of their enemy, that they resolved to attempt + it by some other expedient, and found no means so likely as an invasion of + England itself. They collected a great fleet and army at Sluise; for the + Flemings were now in alliance with them: all the nobility of France were + engaged in this enterprise: the English were kept in alarm: great + preparations were made for the reception of the invaders: and though the + dispersion of the French ships by a storm, and the taking of many of them + by the English, before the embarkation of the troops, freed the kingdom + from the present danger, the king and council were fully sensible that + this perilous situation might every moment return upon them.[**] + </p> + <p> + There were two circumstances, chiefly, which engaged the French at this + time to think of such attempts. The one was the absence of the duke of + Lancaster, who had carried into Spain the flower of the English military + force, in prosecution of his vain claim to the crown of Castile; an + enterprise in which, after some promising success, he was finally + disappointed: the other was, the violent dissensions and disorders which + had taken place in the English government. + </p> + <p> + The subjection in which Richard was held by his uncles, particularly by + the duke of Glocester, a prince of ambition and genius, though it was not + unsuitable to his years and slender capacity, was extremely disagreeable + to his violent temper; and he soon attempted to shake off the yoke imposed + upon him. Robert de Vere, earl of Oxford, a young man of a noble family, + of an agreeable figure, but of dissolute manners, had acquired an entire + ascendant over him, and governed him with an absolute authority. The king + set so little bounds to his affection, that he first created his favorite + marquis of Dublin, a title before unknown in England, then duke of + Ireland; and transferred to him by patent, which was confirmed in + parliament, the entire sovereignty for life of that island.[***] + </p> +<pre xml:space="preserve"> + * Froissard, liv. ii. chap. 149, 150, etc., liv. iii. chap. + 52. Walsing p. 316, 317. + + ** Froissard, liv. iii. chap. 41, 53. Walsing. p. 322, + 323. + + *** Cotton, p. 310, 311. Cox, Hist. of Ireland, p. 129. + Walsing, p. 324. +</pre> + <p> + He gave him in marriage his cousin-german, the daughter of Ingelram de + Couci, earl of Bedford; but soon after he permitted him to repudiate that + lady, though of an unexceptionable character, and to marry a foreigner, a + Bohemian, with whom he had become enamored.[*] These public declarations + of attachment turned the attention of the whole court towards the minion: + all favors passed through his hands: access to the king could only be + obtained by his mediation: and Richard seemed to take no pleasure in royal + authority, but so far as it enabled him to load with favors, and titles, + and dignities, this object of his affections. + </p> +<pre xml:space="preserve"> + * Walsing. p. 228. +</pre> + <p> + The jealousy of power immediately produced an animosity Between the minion + and his creatures on the one hand, and the princes of the blood and chief + nobility on the other; and the usual complaints against the insolence of + favorites were loudly echoed, and greedily received, in every part of the + kingdom. Moubray, earl of Nottingham, the mareschal, Fitz-Alan, earl of + Arundel, Piercy, earl of Northumberland, Montacute, earl of Salisbury, + Beauchamp, earl of Warwick, were all connected with each other, and with + the princes, by friendship or alliance, and still more by their common + antipathy to those who had eclipsed them in the king's favor and + confidence. No longer kept in awe by the personal character of the prince, + they scorned to submit to his ministers; and the method which they took to + redress the grievance complained of well suited the violence of the age, + and proves the desperate extremities to which every opposition was sure to + be instantly carried. + </p> + <p> + Michael de la Pole, the present chancellor, and lately created earl of + Suffolk, was the son of an eminent merchant; but had risen by his + abilities and valor during the wars of Edward III., had acquired the + friendship of that monarch, and was esteemed the person of greatest + experience and capacity among those who were attached to the duke of + Ireland and the king's secret council. The duke of Glocester, who had the + house of commons at his devotion, impelled them to exercise that power + which they seem first to have assumed against Lord Latimer during the + declining years of the late king; and an impeachment against the + chancellor was carried up by them to the house of peers, which was no less + at his devotion. The king foresaw the tempest preparing against him and + his ministers. After attempting in vain to rouse the Londoners to his + defence, he withdrew from parliament, and retired with his court to + Eltham. The parliament sent a deputation, inviting him to return, and + threatening that, if he persisted in absenting himself, they would + immediately dissolve, and leave the nation, though at that time in + imminent danger of a French invasion, without any support or supply for + its defence. At the same time, a member was encouraged to call for the + record containing the parliamentary deposition of Edward II.; a plain + intimation of the fate which Richard, if he continued refractory, had + reason to expect from them. The king, finding himself unable to resist, + was content to stipulate that, except finishing the present impeachment + against Suffolk, no attack should be made upon any other of his ministers; + and on that condition he returned to the parliament.[*] <a + href="#linknote-12" name="linknoteref-12" id="linknoteref-12">12</a> + </p> + <p> + Nothing can prove more fully the innocence of Suffolk, than the + frivolousness of the crimes which his enemies, in the present plenitude of + their power, thought proper to object against him.[**] It was alleged, + that being chancellor, and obliged by his oath to consult the king's + profit, he had purchased lands of the crown below their true value; that + he had exchanged with the king a perpetual annuity of four hundred marks a + year, which he inherited from his father, and which was assigned upon the + customs of the port of Hull, for lands of an equal income; that having + obtained for his son the priory of St. Anthony, which was formerly + possessed by a Frenchman, an enemy and a schismatic, and a new prior being + at the same time named by the pope, he had refused to admit this person, + whose title was not legal, till he made a composition with his son, and + agreed to pay him a hundred pounds a year from the income of the benefice; + that he had purchased, from one Tydeman, of Limborch, an old and forfeited + annuity of fifty pounds a year upon the crown, and had engaged the king to + admit that bad debt; and that, when created earl of Suffolk, he had + obtained a grant of five hundred pounds a year to support the dignity of + that title.[***] + </p> +<pre xml:space="preserve"> + * See note L, at the end of the volume. + + ** Cotton, p. 315. Knyghton, p. 2683. + + *** It is probable that the earl of Suffolk was not rich, nor + able to support the dignity without the bounty of the crown; + for his father, Michael de la Pole, though a great merchant, + had been ruined by lending money to the late king. See + Cotton, p. 194. +</pre> + <p> + We may even the proof of these articles, frivolous as they are, was found + very deficient upon the trial: it appeared that Suffolk had made no + purchase from the crown while he was chancellor, and that all his bargains + of that kind were made before he was advanced to that dignity.[*] It is + almost needless to add, that he was condemned, notwithstanding his + defence; and that he was deprived of his office. + </p> + <p> + Glocester and his associates observed their stipulation with the king, and + attacked no more of his ministers: but they immediately attacked himself + and his royal dignity, and framed a commission after the model of those + which had been attempted almost in every reign since that of Richard I., + and which had always been attended with extreme confusion.[**] By this + commission, which was ratified by parliament, a council of fourteen + persons was appointed, all of Glocester's faction, except Nevil, + archbishop of York: the sovereign power was transferred to these men for a + twelvemonth: the king, who had now reached the twenty-first year of his + age, was in reality dethroned: the aristocracy was rendered supreme: and + though the term of the commission was limited, it was easy to foresee that + the intentions of the party were to render it perpetual, and that power + would with great difficulty be wrested from those grasping hands to which + it was once committed. Richard, however, was obliged to submit: he signed + the commission which violence had extorted from him; he took an oath never + to infringe it; and though at the end of the session he publicly entered a + protest, that the prerogatives of the crown, notwithstanding his late + concession, should still be deemed entire and unimpaired,[***] the new + commissioners, without regarding this declaration, proceeded to the + exercise of their authority. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vii. p. 481. Cotton, p. 31. + + ** Cotton, p. 315. + + *** Knyghton, p. 2686. Statutes at large, 10 Rich. II. chap. + I. +</pre> + <p class="side"> + 1887. + </p> + <p> + The king, thus dispossessed of royal power, was soon sensible of the + contempt into which he was fallen. His favorites and ministers, who were + as yet allowed to remain about his person, failed not to aggravate the + injury which without any demerit on his part, had been offered to him. And + his eager temper was of itself sufficiently inclined to remark that the + dukes of Glocester and York, though vastly rich received at the same time + each of them a thousand pounds a year top support their dignity and to + seek the means, both of recovering his authority, and of revenging himself + on those who had invaded it. As the house of commons appeared now of + weight in the constitution, he secretly tried some expedients for + procuring a favorable election: he sounded some of the sheriffs, who, + being at that time both the returning officers, and magistrates of great + power in the counties, had naturally considerable influence in + elections.[*] But as most of them had been appointed by his uncles, either + during his minority or during the course of the present commission, he + found them in general averse to his enterprise. The sentiments and + inclinations of the judges were more favorable to him. He met at + Nottingham Sir Robert Tresilian, chief justice of the king's bench, Sir + Robert Belknappe, chief justice of the common pleas, Sir John Gary, chief + baron of the exchequer, Holt, Fulthorpe, and Bourg, inferior justices, and + Lockton, serjeant at law; and he proposed to them some queries, which + these lawyers, either from the influence of his authority or of reason, + made no scruple of answering in the way he desired. They declared that the + late commission was derogatory to the royalty and prerogative of the king; + that those who procured it, or advised the king to consent to it, were + punishable with death; that those who necessitated and compelled him were + guilty of treason; that those were equally criminal who should persevere + in maintaining it; that the king has the right of dissolving parliaments + at pleasure; that the parliament, while it sits, must first proceed upon + the king's business; and that this assembly cannot without his consent + impeach any of his ministers and judges.[**] Even according to our present + strict maxims with regard to law and the royal prerogative, all these + determinations, except the two last, appear justifiable: and as the great + privileges of the commons, particularly that of impeachment, were hitherto + new and supported by few precedents, there want not plausible reasons to + justify these opinions of the judges.[***] + </p> +<pre xml:space="preserve"> + * In the preamble to 5 Henry IV. cap. vii. it is implied, + that the sheriffs in a manner appointed the members of the + house of commons, not only in this parliament, but in many + others. + + ** Knyghton, p. 2694. Ypod. Neust. p. 541. + + *** The parliament, in 1341, exacted of Edward III., that on + the third day of every session, the king should resume all + the great offices; and that the ministers should then answer + to any accusation that should be brought against them; which + plainly implies, that, while ministers they could not be + accused or impeached in parliament, therefore, their answer + to the king's queries before the archhishops of York and + Dublin, the bishops of Durham, Chichester, and Bangor, the + duke of Ireland, the earl of Suffolk, and two other + counsellors of inferior quality. Henry IV. told the + commons that the usage of parliament required them to go + first through the king's business In granting supplies; + which order the king intended not to alter. Parl. Hist. vol. + ii. p. 65. Upon the whole, it must be allowed that, + according to ancient practice and principles, there are at + least plausible grounds for all these opinions of the + judges. It must be remarked, that this affirmation of Henry + IV. was given deliberately, after consulting the house of + peers, who were much better acquainted with the usage of + parliament than the ignorant commons. And it has the greater + authority, because Henry IV. had made this very principle a + considerable article of charge against his predecessor; and + that a very few years before. So ill grounded were most of + the imputations thrown on the unhappy Richard. +</pre> + <p> + They obliged the king to summon a parliament, which was entirely at their + devotion, they had full power, by observing a few legal forms, to take + vengeance on all their enemies. Five great peers, men whose combined power + was able at any time to shake the throne,—the duke of Glocester, the + king's uncle; the earl of Derby, son of the duke of Lancaster; the earl of + Arundel; the earl of Warwick; and the earl of Nottingham, mareschal of + England,—entered before the parliament an accusation, or appeal, as + it was called, against the five counsellors whom they had already accused + before the king. The parliament, who ought to have been judges, were not + ashamed to impose an oath on all their members, by which they bound + themselves to live and die with the lords appellants, and to defend them + against all opposition with their lives and fortunes.[*] + </p> +<pre xml:space="preserve"> + * Cotton, p. 322. +</pre> + <p> + The duke of Glocester and his adherents soon got intelligence of this + secret consultation, and were naturally very much alarmed at it. They saw + the king's intentions; and they determined to prevent the execution of + them. As soon as he came to London, which they knew was well disposed to + their party, they secretly assembled their forces, and appeared in arms at + Haringay Park, near Highgate, with a power which Richard and his ministers + were not able to resist. They sent him a message by the archbishop of + Canterbury, and the lords Lovel Cobham, and Devereux, and demanded that + the persons who had seduced him by their pernicious counsel, and were + traitors both to him and to the kingdom, should be delivered up to them. A + few days after, they appeared in his presence, armed, and attended with + armed followers; and they accused by name the archbishop of York, the duke + of Ireland, the earl of Suffolk, Sir Robert Tresilian, and Sir Nicholas + Brembre, as public and dangerous enemies to the state. They threw down + their gauntlets before the king, and fiercely offered to maintain the + truth of their charge by duel. The persons accused, and all the other + obnoxious ministers, had withdrawn or had concealed themselves. + </p> + <p> + The duke of Ireland fled to Cheshire, and levied some forces, with which + he advanced to relieve the king from the violence of the nobles. Glocester + encountered him in Oxfordshire with much superior forces; routed him, + dispersed his followers, and obliged him to fly into the Low Countries, + where he died in exile a few years after. + </p> + <p> + The other proceedings were well suited to the violence and iniquity of the + times. A charge consisting of thirty-nine articles, was delivered in by + the appellants; and as none of the accused counsellors, except Sir + Nicholas Brembre, was in custody, the rest were cited to appear; and upon + their absenting themselves, the house of peers, after a very short + interval, without hearing a witness, without examining a fact, or + deliberating on one point of law, declared them guilty of high treason. + Sir Nicholas Brembre, who was produced in court, had the appearance, and + but the appearance, of a trial: the peers, though they were not by law his + proper judges, pronounced, in a very summary manner, sentence of death + upon him; and he was executed, together with Sir Robert Tresilian, who had + been discovered and taken in the interval. + </p> + <p> + It would be tedious to recite the whole charge delivered in against the + five counsellors; which is to be met with in several collections.[*] + </p> +<pre xml:space="preserve"> + * Knyghton, p. 2715. Tyrrel, vol iii. part ii p. 919, from + the records. Parl. Hist. vol. i. p. 414 +</pre> + <p> + It is sufficient to observe in general, that if we reason upon the + supposition, which is the true one, that the royal prerogative was invaded + by the commission extorted by the duke of Glocester and his associates, + and that the king's person was afterwards detained in custody by rebels, + many of the articles will appear not only to imply no crime in the duke of + Ireland and the ministers, but to ascribe to them actions which were + laudable, and which they were bound by their allegiance to perform. The + few articles impeaching the conduct of these ministers before that + commission, which subverted the constitution, and annihilated all justice + and legal authority, are vague and general; such as their engrossing the + king's favor, keeping his barons at a distance from him, obtaining + unreasonable grants for themselves or their creatures, and dissipating the + public treasure by useless expenses. No violence is objected to them; no + particular illegal act;[*] no breach of any statute; and their + administration may therefore be concluded to have been so far innocent and + inoffensive. All the disorders indeed seem to have proceeded not from any + violation of the laws, or any ministerial tyranny, but merely from a + rivalship of power, which the duke of Glocester and the great nobility, + agreeably to the genius of the times, carried to the utmost extremity + against their opponents, without any regard to reason, justice, or + humanity. + </p> + <p> + But these were not the only deeds of violence committed during the triumph + of the party. All the other judges who had signed the extrajudicial + opinions at Nottingham, were condemned to death, and were, as a grace or + favor, banished to Ireland; though they pleaded the fear of their lives, + and the menaces of the king's ministers as their excuse. Lord Beauchamp of + Holt, Sir James Berners, and John Salisbury, were also tried and condemned + for high treason, merely because they had attempted to defeat the late + commission: but the life of the latter was spared. The fate of Sir Simon + Burley was more severe: this gentleman was much beloved for his personal + merit, had distinguished himself by many honorable actions,[*] <a + href="#linknote-13" name="linknoteref-13" id="linknoteref-13">13</a> was + created knight of the garter, and had been appointed governor to Richard, + by the choice of the late king and of the Black Prince: he had attended + his master from the earliest infancy of that prince, and had ever remained + extremely attached to him: yet all these considerations could not save him + from falling a victim to Glocester's vengeance. + </p> +<pre xml:space="preserve"> + * See note M, at the end of the volume. +</pre> + <p> + This execution, more than all the others, made a deep impression on the + mind of Richard; his queen too (for he was already married to the sister + of the emperor Winceslaus, King of Bohemia) interested herself in behalf + of Burley: she remained three hours on her knees before the duke of + Glocester, pleading for that gentleman's life; but though she was become + extremely popular by her amiable qualities, which had acquired her the + appellation of "the good Queen Anne," her petition was sternly rejected by + the inexorable tyrant.[*] + </p> +<pre xml:space="preserve"> + * At least this is the character given of him by Froissard, + (liv. ii.) who knew him personally. Walsingham (p. 334) + gives a very different character of him; but he is a writer + somewhat passionate and partial; and the choice made of this + gentleman, by Edward III. and the Black Prince, for the + education of Richard, makes the character given him by + Froissard much more probable. +</pre> + <p> + The parliament concluded this violent scene by a declaration, that none of + the articles decided on these trials to be treason, should ever afterwards + be drawn into precedent by the judges, who were still to consider the + statute of the twenty-fifth of Edward as the rule of their decisions. The + house of lords seem not at that time to have known or acknowledged the + principle, that they themselves were bound, in their judicial capacity, to + follow the rules which they, in conjunction with the king and commons, had + established in their legislature.[*] <a href="#linknote-14" + name="linknoteref-14" id="linknoteref-14">14</a> It was also enacted, that + every one should swear to the perpetual maintenance and support of the + forfeitures and attainders, and of all the other acts passed during this + parliament. The archbishop of Canterbury added the penalty of + excommunication, as a further security to these violent transactions. + </p> +<pre xml:space="preserve"> + * See note N, at the end of the volume. +</pre> + <p class="side"> + 1389. + </p> + <p> + It might naturally be expected, that the king, being reduced to such + slavery by the combination of the princes and chief nobility, and having + appeared so unable to defend his servants from the cruel effects of their + resentment, would long remain in subjection to them; and never would + recover the royal power, without the most violent struggles and + convulsions: but the event proved contrary. In less than a twelvemonth, + Richard, who was in his twenty-third year, declared in council, that, as + he had now attained the full age which entitled him to govern by his own + authority his kingdom and household, he resolved to exercise his right of + sovereignty; and when no one ventured to contradict so reasonable an + intention, he deprived Fitz-Alan, archbishop of Canterbury, of the dignity + of chancellor, and bestowed that high office on William of Wickham, bishop + of Winchester; the bishop of Hereford was displaced from the office of + treasurer; the earl of Arundel from that of admiral; even the duke of + Glocester and the earl of Warwick were removed for a time from the + council: and no opposition was made to these great changes. The history of + this reign is imperfect, and little to be depended on, except where it is + supported by public records; and it is not easy for us to assign the + reason of this unexpected event. Perhaps some secret animosities, + naturally to be expected in that situation, had crept in among the great + men, and had enabled the king to recover his authority. Perhaps the + violence of their former proceedings had lost them the affections of the + people, who soon repent of any cruel extremities to which they are carried + by their leaders. However this may be, Richard exercised with moderation + the authority which he had resumed. He seemed to be entirely reconciled to + his uncles[*] and the other great men, of whom he had so much reason to + complain: he never attempted to recall from banishment the duke of + Ireland, whom he found so obnoxious to them: he confirmed by proclamation + the general pardon which the parliament had passed for all offences; and + he courted the affections of the people, by voluntarily remitting some + subsidies which had been granted him: a remarkable, and almost singular + instance of such generosity. + </p> + <p> + After this composure of domestic differences, and this restoration of the + government to its natural state, there passes an interval of eight years + which affords not many remarkable events. The duke of Lancaster returned + from Spain; having resigned to his rival all pretensions to the crown of + Castile upon payment of a large sum of money,[**] and having married his + daughter, Philippa, to the king of Portugal. The authority of this prince + served to counterbalance that of the duke of Glocester, and secured the + power of Richard, who paid great court to his eldest uncle, by whom he had + never been offended, and whom he found more moderate in his temper than + the younger. He made a cession to him for life of the duchy of + Guienne,[***] which the inclinations and changeable humor of the Gascons + had restored to the English government; but as they remonstrated loudly + against this deed, it was finally, with the duke's consent, revoked by + Richard.[****] + </p> +<pre xml:space="preserve"> + * Dugdale, vol. ii. p. 170. + + ** Knyghton, p 2677. Walsing p. 342. + + *** Rymer, vol. vii. p. 659. + + **** Rymer, vol. vii. p. 687. 298 HISTORY OF ENGLAND. +</pre> + <p> + There happened an incident which produced a dissension between Lancaster + and his two brothers. After the death of the Spanish princess, he espoused + Catharine Swineford, daughter of a private knight of Hainault, by whose + alliance York and Glocester thought the dignity of their family much + injured; but the king gratified his uncle by passing in parliament a + charter of legitimation to the children whom that lady had borne him + before marriage, and by creating the eldest earl of Somerset.[*] + </p> + <p> + The wars, meanwhile, which Richard had inherited with his crown, still + continued; though interrupted by frequent truces, according to the + practice of that age, and conducted with little vigor, by reason of the + weakness of all parties. The French war was scarcely heard of; the + tranquillity of the northern borders was only interrupted by one inroad of + the Scots, which proceeded more from a rivalship between the two martial + families of Piercy and Douglas, than from any national quarrel: a fierce + battle or skirmish was fought at Otterborne,[**] in which young Piercy, + surnamed Hotspur, from his impetuous valor, was taken prisoner, and + Douglas slain; and the victory remained undecided.[***] Some insurrections + of the Irish obliged the king to make an expedition into that country, + which he reduced to obedience; and he recovered, in some degree, by this + enterprise, his character of courage, which had suffered a little by the + inactivity of his reign. + </p> + <p class="side"> + 1396. + </p> + <p> + At last, the English and French courts began to think in earnest of a + lasting peace; but found it so difficult to adjust their opposite + pretensions, that they were content to establish a truce of twenty-five + years: Brest and Cherbourg were restored, the former to the duke of + Brittany, the latter to the king of Navarre: both parties were left in + possession of all the other places which they held at the time of + concluding the truce; and to render the amity between the two crowns more + durable, Richard,[****] who was now a widower, was affianced to Isabella, + the daughter of Charles. This princess was only seven years of age; but + the king agreed to so unequal a match, chiefly that he might fortify + himself by this alliance against the enterprises of his uncles, and the + incurable turbulence, as well as inconstancy, of his barons. + </p> + <p> + The administration of the king, though it was not in this interval sullied + by any unpopular act, except the seizing of the charter of London,[******] + which was soon after restored, tended not much to corroborate his + authority; and his personal character brought him into contempt, even + while his public government appeared in a good measure unexceptionable. + </p> +<pre xml:space="preserve"> + * Cotton, p. 365. Walsing, p. 352. + + ** 15th August, 1388. + + *** Froissard, liv. iii. chap. 124, 125, 126. Walsing, p. + 355. + + **** Rymer, vol. vii. p. 820. + + ****** Rymer, vol. vii. p. 727. Walsing. p. 347. +</pre> + <p> + Indolent, profuse, addicted to low pleasures, he spent his whole time in + feasting and jollity, and dissipated, in idle show, or in bounties to + favorites of no reputation, that revenue which the people expected to see + him employ in enterprises directed to public honor and advantage. He + forgot his rank by admitting all men to his familiarity; and he was not + sensible, that their acquaintance with the qualities of his mind was not + able to impress them with the respect which he neglected to preserve from + his birth and station. The earls of Kent and Huntingdon, his half + brothers, were his chief confidants and favorites; and though he never + devoted himself to them with so profuse an affection as that with which he + had formerly been attached to the duke of Ireland, it was easy for men to + see, that every grace passed through their hands, and that the king had + rendered himself a mere cipher in the government. The small regard which + the public bore to his person, disposed them to murmur against his + administration, and to receive with greedy ears every complaint which the + discontented or ambitious grandees suggested to them. + </p> + <p class="side"> + 1397. + </p> + <p> + Glocester soon perceived the advantages which this dissolute conduct gave + him; and finding that both resentment and jealousy on the part of his + nephew still prevented him from acquiring any ascendant over that prince, + he determined to cultivate his popularity with the nation, and to revenge + himself on those who eclipsed him in favor and authority. He seldom + appeared at court or in council; he never declared his opinion but in + order to disapprove of the measures embraced by the king and his + favorites; and he courted the friendship of every man whom disappointment + or private resentment had rendered an enemy to the administration. The + long truce with France was unpopular with the English, who breathed + nothing but war against that hostile nation; and Glocester took care to + encourage all the vulgar prejudices which prevailed on this subject. + Forgetting the misfortunes which attended the English arms during the + later years of Edward, he made an invidious comparison between the glories + of that reign and the inactivity of the present; and he lamented that + Richard should have degenerated so much from the heroic virtues by which + his father and his grandfather were distinguished. The military men were + inflamed with a desire of war when they heard him talk of the signal + victories formerly obtained, and of the easy prey which might be made of + French riches by the superior valor of the English; the populace readily + embraced the same sentiments; and all men exclaimed, that this prince, + whose counsels were so much neglected, was the true support of English + honor and alone able to raise the nation to its former power and splendor. + His great abilities, his popular manners, his princely extraction, his + immense riches, his high office of constable;[*] all these advantages, not + a little assisted by his want of court favor, gave him a mighty authority + in the kingdom, and rendered him formidable to Richard and his ministers. + </p> + <p> + Froissard,[**] a contemporary writer, and very impartial, but whose credit + is somewhat impaired by his want of exactness in material facts, ascribes + to the duke of Glocester more desperate views, and such as were totally + incompatible with the government and domestic tranquillity of the nation. + According to that historian, he proposed to his nephew, Roger Mortimer, + earl of Marche, whom Richard had declared his successor, to give him + immediate possession of the throne, by the deposition of a prince so + unworthy of power and authority: and when Mortimer declined the project, + he resolved to make a partition of the kingdom between himself, his two + brothers, and the earl of Arundel; and entirely to dispossess Richard of + the crown. The king, it is said, being informed of these designs, saw that + either his own ruin, or that of Glocester, was inevitable; and he resolved + by a hasty blow to prevent the execution of such destructive projects. + This is certain, that Glocester, by his own confession, had often affected + to speak contemptuously of the king's person and government; had + deliberated concerning the lawfulness of throwing off allegiance to him; + and had even borne part in a secret conference, where his deposition was + proposed, and talked of, and determined:[***] but it is reasonable to + think, that his schemes were not so far advanced. + </p> +<pre xml:space="preserve"> + * Rymer, vol. vii. p. 152. + + ** Liv. iv. chap. 86. + + *** Cotton, p. 378. Tyrrel, vol. iii. part ii. p. 972, from + the records. Par. Hist. vol. i. p. 473. That this confession + was genuine, and obtained without violence, may be entirely + depended on. Judge Rickhill, who brought it over from + Calais, was tried on that account, and acquitted in the + first parliament of Henry IV., when Glocester's party was + prevalent. His acquittal, notwithstanding his innocence, may + even appear marvellous, considering the times. See Cotton, + p. 393. putting them immediately in execution. The danger + probably was still too distant to render a desperate remedy + entirely necessary for the security of government. +</pre> + <p> + But whatever opinion we may form of the danger arising from Glocester's + conspiracies, his aversion to the French truce and alliance was public and + avowed; and that court which had now a great influence over the king, + pushed him to provide for his own safety, by punishing the traitorous + designs of his uncle. The resentment against his former acts of violence + revived; the sense of his refractory and uncompliant behavior was still + recent; and a man whose ambition had once usurped royal authority, and who + had murdered all the faithful servants of the king, was thought capable, + on a favorable opportunity, of renewing the same criminal enterprises. The + king's precipitate temper admitted of no deliberation: he ordered + Glocester to be unexpectedly arrested; to be hurried on board a ship which + was lying in the river; and to be carried over to Calais, where alone, by + reason of his numerous partisans, he could safely be detained in + custody.[*] The earls of Arundel and Warwick were seized at the same time: + the malecontents so suddenly deprived of their leaders, were astonished + and overawed; and the concurrence of the dukes of Lancaster and York in + those measures, together with the earls of Derby and Rutland, the eldest + sons of these princes,[**] bereaved them of all possibility of resistance. + </p> + <p> + A parliament was immediately summoned at Westminster; and the king doubted + not to find the peers, and still more the commons, very compliant with his + will. This house had in a former parliament given him very sensible proofs + of their attachment;[***] <a href="#linknote-15" name="linknoteref-15" + id="linknoteref-15">15</a> and the present suppression of Glocester's + party made him still more assured of a favorable election. As a further + expedient for that purpose, he is also said to have employed the influence + of the sheriffs; a practice which, though not unusual, gave umbrage, but + which the established authority of that assembly rendered afterwards still + more familiar to the nation. Accordingly, the parliament passed whatever + acts the king was pleased to dictate to them:[****] they annulled forever + the commission which usurped upon the royal authority, and they declared + it treasonable to attempt, in any future period, the revival of any + similar commission: they abrogated all the acts which attainted the king's + ministers, and which that parliament who passed them, and the whole nation + had sworn inviolably to maintain: and they declared the general pardon + then granted to be invalid, as extorted by force, and never ratified by + the free consent of the king. + </p> +<pre xml:space="preserve"> + * Froissard, liv. iv. chap. 90. Walsing. p. 354. + + ** Rymer, vol. viii. p. 7. + + *** See note O, at the end of the volume. + + **** The nobles brought numerous retainers with them to give + them* +</pre> + <p> + Though Richard, after he resumed the government, and lay no longer under + constraint, had voluntarily, by proclamation, confirmed that general + indemnity, this circumstance seemed not, in their eyes, to merit any + consideration. Even a particular pardon, granted six years after to the + earl of Arundel, was annulled by parliament, on pretence that it had been + procured by surprise, and that the king was not then fully apprized of the + degree of guilt incurred by that nobleman. + </p> + <p> + The commons then preferred an impeachment against Fitz-Alan, archbishop of + Canterbury, and brother to Arundel, and accused him for his concurrence in + procuring the illegal commission, and in attainting the king's ministers. + The primate pleaded guilty; but as he was protected by the ecclesiastical + privileges, the king was satisfied with a sentence which banished him the + kingdom, and sequestered his temporalities.[*] An appeal or accusation was + presented against the duke of Glocester, and the earls of Arundel and + Warwick, by the earls of Rutland, Kent, Huntingdon, Somerset, Salisbury, + and Nottingham, together with the lords Spenser and Scrope, and they were + accused of the same crimes which had been imputed to the archbishop, as + well as of their appearance against the king in a hostile manner at + Haringay Park. The earl of Arundel, who was brought to the bar, wisely + confined all his defence to the pleading of both the general and + particular pardon of the king; but his plea being overruled, he was + condemned and executed.[**] + </p> +<pre xml:space="preserve"> + * Cotton, p. 368. + + ** Cotton, p 377. Froissard, liv. iv. chap. 90. Walsing. p. + 354. +</pre> + <p> + The earl of Warwick, who was also convicted of high treason, was, on + account of his submissive behavior, pardoned as to his life, but doomed to + perpetual banishment in the Isle of Man. No new acts of treason were + imputed to either of these noblemen. The only crimes for which they were + condemned, were the old attempts against the crown, which seemed to be + obliterated both by the distance of time and by repeated pardons.[*] The + reasons of this method of proceeding it is difficult to conjecture. The + recent conspiracies of Glocester seem certain from his own confession; but + perhaps the king and ministry had not at that time in their hands any + satisfactory proof of their reality; perhaps it was difficult to convict + Arundel and Warwick of any participation in them; perhaps an inquiry into + these conspiracies would have involved in the guilt some of those great + noblemen who now concurred with the crown, and whom it was necessary to + cover from all imputation; or perhaps the king, according to the genius of + the age, was indifferent about maintaining even the appearance of law and + equity, and was only solicitous by any means to insure success in these + prosecutions. This point, like many others in ancient history, we are + obliged to leave altogether undetermined. + </p> + <p> + A warrant was issued to the earl mareschal, governor of Calais, to bring + over the duke of Glocester, in order to his trial; but the governor + returned for answer, that the duke had died suddenly of an apoplexy in + that fortress. Nothing could be more suspicious, from the time, than the + circumstances of that prince's death: it became immediately the general + opinion, that he was murdered by orders from his nephew: in the subsequent + reign, undoubted proofs were produced in parliament, that he had been + suffocated with pillows by his keepers:[**] and it appeared that the king, + apprehensive lest the public trial and execution of so popular a prince, + and so near a relation, might prove both dangerous and invidious, had + taken this base method of gratifying, and, as he fancied, concealing, his + revenge upon him. Both parties, in their successive triumphs, seem to have + had no further concern than that of retaliating upon their adversaries; + and neither of them were aware that, by imitating, they indirectly + justified, as far as it lay in their power, all the illegal violence of + the opposite party. + </p> +<pre xml:space="preserve"> + * Tyrrel, vol. iii. part ii. p. 968, from the records. + + ** Cotton, p. 399, 400. Dugdale, vol. ii. p. 171. +</pre> + <p> + This session concluded with the creation or advancement of several peers: + the earl of Derby was made duke of Hereford; the earl of Rutland, duke of + Albemarle; the earl of Kent, duke of Surrey; the earl of Huntingdon, duke + of Exeter; the earl of Nottingham, duke of Norfolk; the earl of Somerset, + marquis of Dorset; Lord Spenser, earl of Glocester; Rulph Nevil, earl of + Westmoreland; Thomas Piercy, earl of Worcester; William Scrope, earl of + Wiltshire.[*] The parliament, after a session of twelve days, was + adjourned to Shrewsbury. The king, before the departure of the members, + exacted from them an oath for the perpetual maintenance and establishment + of all their acts; an oath similar to that which had formerly been + required by the duke of Glocester and his party, and which had already + proved so vain and fruitless. + </p> + <p class="side"> + 1398. + </p> + <p> + Both king and parliament met in the same dispositions at Shrewsbury. So + anxious was Richard for the security of these acts, that he obliged the + lords and commons to swear anew to them on the cross of Canterbury;[**] + and he soon after procured a bull from the pope, by which they were, as he + imagined, perpetually secured and established.[***] The parliament, on the + other hand, conferred on him for life the duties on wool, wool-fells, and + leather, and granted him, besides, a subsidy of one tenth and a half, and + one fifteenth and a half. They also reversed the attainder of Tresilian + and the other judges; and, with the approbation of the present judges, + declared the answers for which these magistrates had been impeached to be + just and legal:[****] and they carried so far their retrospect as to + reverse, on the petition of Lord Spenser, earl of Glocester, the attainder + pronounced against the two Spensers in the reign of Edward II.[*****] The + ancient history of England is nothing but a catalogue of reversals: every + thing is in fluctuation and movement: one faction is continually undoing + what was established by another: and the multiplied oaths which each party + exacted for the security of the present acts, betray a perpetual + consciousness of their instability. + </p> + <p> + The parliament, before they were dissolved, elected a committee of twelve + lords and six commoners,[******] whom they invested with the whole power + both of lords and commons, and endowed with full authority to finish all + business which had been laid before the houses, and which they had not had + leisure to bring to a conclusion.[*******] + </p> +<pre xml:space="preserve"> + * Cotton, p. 370, 371 + + ** Cotton, p. 371. + + ** Walsing. p. 355. + + **** Statutes at large, 21 Rich. II. + + ****** The names of the commissioners were, the dukes of + Lancaster, York, Albemarle, Surrey, and Exeter, the marquis + of Dorset, the earls of Marche, Salisbury, Northumberland, + Glocester, Winchester, and Wiltshire; John Bussey, Henry + Green, John Russel, Robert Teyne, Henry Chelmeswicke, and + John Golofre. It is to be remarked, that the duke of + Lancaster always concurred with the rest in all their + proceedings, even in the banishment of his son, which was + afterwards so much complained of. + + ******* Cotton, p. 372. Walsing. p. 355. +</pre> + <p> + This was an unusual concession; and though it was limited in the object, + might, either immediately or as a precedent, have proved dangerous to the + constitution; but the cause of that extraordinary measure was an event + singular and unexpected, which engaged the attention of the parliament. + </p> + <p> + After the destruction of the duke of Glocester and the heads of that + party, a misunderstanding broke out among those noblemen who had joined in + the prosecution; and the king wanted either authority sufficient to + appease it, or foresight to prevent it. The duke of Hereford appeared in + parliament, and accused the duke of Norfolk of having spoken to him, in + private, many slanderous words of the king, and of having imputed to that + prince an intention of subverting and destroying many of his principal + nobility.[**] Norfolk.. denied the charge, gave Hereford the lie, and + offered to prove his own innocence by duel. The challenge was accepted: + the time and place of combat were appointed: and as the event of this + important trial by arms might require the interposition of legislative + authority, the parliament thought it more suitable to delegate their power + to a committee, than to prolong the session beyond the usual time which + custom and general convenience had prescribed to it.[***] + </p> + <p> + The duke of Hereford was certainly very little delicate in the point of + honor, when he revealed a private conversation to the ruin of the person + who had intrusted him; and we may thence be more inclined to believe the + duke of Norfolk's denial, than the other's asseveration. But Norfolk had + in these transactions betrayed an equal neglect of honor, which brings him + entirely on a level with his antagonist. Though he had publicly joined + with the duke of Glocester and his party in all the former acts of + violence against the king. + </p> +<pre xml:space="preserve"> + ** Cotton, p. 372. Parl. Hist. vol. i. p. 490. + + *** In the first year of Henry VI., when the authority of + parliament was great, and when that assembly could least be + suspected of lying under violence, a like concession was + made to the privy council from like motives of convenience. + See Cotton, p. 564. his name stands among the appellants who + accused the duke of Ireland and the other ministers, yet was + he not ashamed publicly to impeach his former associates for + the very crimes which he had concurred with them in + committing; and his name increases the list of those + appellants who brought them to a trial. Such were the + principles and practices of those ancient knights and + barons, during the prevalence of the aristocratical + government, and the reign of chivalry. +</pre> + <p> + The lists for this decision of truth and right were appointed at Coventry + before the king: all the nobility of England banded into parties, and + adhered either to the one duke or the other: the whole nation was held in + suspense with regard to the event; but when the two champions appeared in + the field accoutred for the combat, the king interposed, to prevent both + the present effusion of such noble blood, and the future consequences of + the quarrel. By the advice and authority of the parliamentary + commissioners, he stopped the duel; and to show his impartiality, he + ordered, by the same authority both the combatants to leave the + kingdom;[*] assigning one country for the place of Norfolk's exile, which + he declared perpetual, another for that of Hereford, which he limited to + ten years. + </p> +<pre xml:space="preserve"> + * Cotton, p. 380. Walsing. p. 356. +</pre> + <p> + Hereford was a man of great prudence and command of temper; and he behaved + himself with so much submission in these delicate circumstances, that the + king, before his departure, promised to shorten the term of his exile four + years; and he also granted him letters patent, by which he was empowered, + in case any inheritance should in the interval accrue to him, to enter + immediately in possession, and to postpone the doing of homage till his + return. + </p> + <p> + The weakness and fluctuation of Richard's counsels appear nowhere more + evident than in the conduct of this affair. No sooner had Hereford left + the kingdom, than the king's jealousy of the power and riches of that + prince's family revived; and he was sensible that by Glocester's death he + had only removed a counterpoise to the Lancastrian interest which was now + become formidable to his crown and kingdom. Being informed that Hereford + had entered into a treaty of marriage with the daughter of the duke of + Berry, uncle to the French king, he determined to prevent the finishing of + an alliance which would so much extend the interest of his cousin in + foreign countries; and he sent over the earl of Salisbury to Paris with a + commission for that purpose. + </p> + <p class="side"> + 1399. + </p> + <p> + The death of the duke of Lancaster, which happened soon after, called upon + him to take new resolutions with regard to that opulent succession. The + present duke, in consequence of the king's patent, desired to be put in + possession of the estate and jurisdictions of his father; but Richard, + afraid of strengthening the hands of a man whom he had already so much + offended, applied to the parliamentary commissioners, and persuaded them + that this affair was but an appendage to that business which the + parliament had delegated to them. By their authority he revoked his + letters patent, and retained possession of the estate of Lancaster; and by + the same authority he seized and tried the duke's attorney, who had + procured and insisted on the letters, and he had him condemned as a + traitor for faithfully executing that trust to his master;[*] an + extravagant act of power! even though the king changed, in favor of the + attorney, the penalty of death into that of banishment. + </p> + <p> + Henry, the new duke of Lancaster, had acquired by his conduct and + abilities the esteem of the public; and having served with distinction + against the infidels in Lithuania, he had joined to his other praises + those of piety and valor, virtues which have at all times a great + influence over mankind, and were, during those ages, the qualities chiefly + held in estimation.[**] He was connected with most of the principal + nobility by blood, alliance, or friendship; and as the injury done him by + the king might in its consequences affect all of them, he easily brought + them, by a sense of common interest, to take part in his resentment. The + people, who must have an object of affection, who found nothing in the + king's person which they could love or revere, and who were even disgusted + with many parts of his conduct[***] easily transferred to Henry that + attachment which the death of the duke of Glocester had left. + </p> +<pre xml:space="preserve"> + * Tyrrel, vol. iii. part ii. p. 991, from the records. + + ** Walsing. p. 343. + + *** He levied fines upon those who had ten years before joined + the duke of Glocester and his party: they were obliged to + pay him money, before he would allow them to enjoy the + benefit of the indemnity; and in the articles of charge + against him it is asserted that the payment of one fine did + not suffice. It is indeed likely that his ministers would + abuse the power put into their hands; and this grievance + extended to very many people. Historians agree in + representing this practice as a great oppression. See + Otterborne, p. 199. without any fixed direction. His + misfortunes were lamented the injustice which he had + suffered was complained of; and all men turned their eyes + towards him as the only person that could retrieve the lost + honor of the nation, or redress the supposed abuses in the + government. +</pre> + <p> + While such were the dispositions of the people, Richard had the imprudence + to embark for Ireland, in order to revenge the death of his cousin, Roger, + earl of Marche, the presumptive heir of the crown, who had lately been + slain in a skirmish by the natives; and he thereby left the kingdom of + England open to the attempts of his provoked and ambitious enemy. Henry, + embarking at Nantz with a retinue of sixty persons, among whom were the + archbishop of Canterbury and the young earl of Arundel, nephew to that + prelate, landed at Ravenspur, in Yorkshire; and was immediately joined by + the earls of Northumberland and Westmoreland, two of the most potent + barons in England. He here took a solemn oath, that he had no other + purpose hi this invasion than to recover the duchy of Lancaster, unjustly + detained from him; and he invited all his friends in England, and all + lovers of their country, to second him in this reasonable and moderate + pretension. Every place was in commotion: the malecontents in all quarters + flew to arms: London discovered the strongest symptoms of its disposition + to mutiny and rebellion: and Henry's army, increasing on every day's + march, soon amounted to the number of sixty thousand combatants. + </p> + <p> + The duke of York was left guardian of the realm; a place to which his + birth entitled him, but which both his slender abilities, and his natural + connections with the duke of Lancaster, rendered him utterly incapable of + filling in such a dangerous emergency. Such of the chief nobility as were + attached to the crown, and could either have seconded the guardian's good + intentions, or have overawed his infidelity, had attended the king into + Ireland; and the efforts of Richard's friends were every where more feeble + than those of his enemies. The duke of York, however, appointed the + rendezvous of his forces at St. Albans, and soon assembled an army of + forty thousand men; but found them entirely destitute of zeal and + attachment to the royal cause, and more inclined to join the party of the + rebels. He hearkened therefore very readily to a message from Henry, who + entreated him not to oppose a loyal and humble supplicant in the recovery + of his legal patrimony; and the guardian even declared publicly that he + would second his nephew in so reasonable a request. His army embraced with + acclamations the same measures; and the duke of Lancaster, reenforced by + them, was now entirely master of the kingdom. He hastened to Bristol, into + which some of the king's ministers had thrown themselves; and soon + obliging that place to surrender, he yielded to the popular wishes, and + without giving them a trial, ordered the earl of Wiltshire, Sir John + Bussy, and Sir Henry Green, whom he there took prisoners, to be led to + immediate execution. + </p> + <p> + The king, receiving intelligence of this invasion and insurrection, + hastened over from Ireland, and landed in Milford Haven with a body of + twenty thousand men: but even this army, so much inferior to the enemy, + was either overawed oy the general combination of the kingdom, or seized + with the same spirit of disaffection; and they gradually deserted him, + till he found that he had not above six thousand men who followed his + standard. It appeared, therefore, necessary to retire secretly from this + small body, which served only to expose him to danger; and he fled to the + Isle of Anglesea, where he purposed to embark either for Ireland or + France, and there await the favorable opportunities which the return of + his subjects to a sense of duty, or their future discontents against the + duke of Lancaster, would probably afford him. Henry, sensible of the + danger, sent to him the earl of Northumberland, with the strongest + professions of loyalty and submission; and that nobleman, by treachery and + false oaths, made himself master of the king's person, and carried him to + his enemy at Flint Castle. Richard was conducted to London by the duke of + Lancaster, who was there received with the acclamations of the mutinous + populace. It is pretended that the recorder met him on the road, and in + the name of the city entreated him, for the public safety, to put Richard + to death, with all his adherents who were prisoners; but the duke + prudently determined to make many others participate in his guilt, before + he would proceed to these extremities. For this purpose he issued writs of + election in the king's name, and appointed the immediate meeting of a + parliament at Westminster. + </p> + <p> + Such of the peers as were most devoted to the king, were either fled or + imprisoned; and no opponents, even among the barons, dared to appear + against Henry, amidst that scene of outrage and violence which commonly + attends revolutions, especially in England during those turbulent ages, It + is also easy to imagine, that a house of commons, elected during this + universal ferment, and this triumph of the Lancastrian party, would be + extremely attached to that cause, and ready to second every suggestion of + their leaders. That order, being an yet of too little weight to stem the + torrent, was always carried along with it, and served only to increase the + violence which the public interest required it should endeavor to control. + The duke of Lancaster, therefore, sensible that he should be entirely + master, began to carry his views to the crown itself; and he deliberated + with his partisans concerning the most proper means of effecting his + daring purpose. He first extorted a resignation from Richard;[*] but as he + knew that this deed would plainly appear the result of force and fear, he + also purposed, notwithstanding the danger of the precedent to himself and + his posterity, to have him solemnly deposed in parliament for his + pretended tyranny and misconduct. A charge, consisting of thirty-three + articles, was accordingly drawn up against him, and presented to that + assembly.[**] + </p> + <p> + If we examine these articles, which are expressed with extreme acrimony + against Richard, we shall find that, except some rash speeches, which are + imputed to him,[***] and of whose reality, as they are said to have passed + in private conversation, we may reasonably entertain some doubt,—the + chief amount of the charge is contained in his violent conduct during the + two last years of his reign, and naturally divides itself into two + principal heads. The first and most considerable is the revenge which he + took on the princes and great barons who had formerly usurped, and still + persevered in controlling and threatening his authority; the second is the + violation of the laws and general privileges of his people. But the + former, however irregular in many of its circumstances, was fully + supported by authority of parliament, and was but a copy of the violence + which the princes and barons themselves, during their former triumph, had + exercised against him and his party. The detention of Lancaster's estate + was, properly speaking a revocation, by parliamentary authority, of a + grace which the King himself had formerly granted him. The murder of + Glocester (for the secret execution, however merited, of that prince + certainly deserves this appellation) was a private deed formed not any + precedent, and implied not any usurped or arbitrary power of the crown + which could justly give umbrage to the people. It really proceeded from a + defect of power in the king, rather than from his ambition; and proves + that, instead of being dangerous to the constitution, he possessed not + even the authority necessary for the execution of the laws. + </p> +<pre xml:space="preserve"> + * Knyghton, p. 2744. Otterborne, p. 212. + + ** Tyrrel, vol. iii. part ii. p. 1008, from the records, + Knyghton, p, 2746. Otterborne, p. 214. + + *** Art 16, 26. +</pre> + <p> + Concerning the second head of accusation, as it mostly consists of general + facts, was framed by Richard's inveterate enemies, and was never allowed + to be answered by him or his friends, it is more difficult to form a + judgment. The greatest part of these grievances imputed to Richard, seems + to be the exertion of arbitrary prerogatives; such as the dispensing + power,[*] levying purveyance,[**] employing the mareschal's court,[***] + extorting loans,[****] granting protections from lawsuits;[*****] + prerogatives, which, though often complained of, had often been exercised + by his predecessors, and still continued to be so by his successors. But + whether his irregular acts of this kind were more frequent, and + injudicious and violent than usual, or were only laid hold of and + exaggerated by the factions to which the weakness of his reign had given + birth, we are not able at this distance to determine with certainty. There + is, however, one circumstance in which his conduct is visibly different + from that of his grandfather: he is not accused of having imposed one + arbitrary tax, without consent of parliament, during his whole + reign;[******] scarcely a year passed during the reign of Edward, which + was free from complaints with regard to this dangerous exertion of + authority. But, perhaps, the ascendant which Edward had acquired over the + people, together with his great prudence, enabled him to make a use very + advantageous to his subjects of this and other arbitrary prerogatives, and + rendered them a smaller grievance in his hands, than a less absolute + authority in those of his grand son. + </p> +<pre xml:space="preserve"> + * Art 13,17,18. + + ** Art. 22. + + *** Art 27. + + **** Art, 14. + + ****** We learn from Cotton (p. 362) that the king, by his + chancellor, told the commons, "that they were sunderly bound + to him, and namely, in forbearing to charge them with dismes + and fifteens, the which he meant <i>no more</i> to charge + them in his own person," These words "no more" allude to the + practice of his predecessors; he had not himself imposed any + arbitrary taxes: even the parliament, in the articles of his + deposition, though they complain of heavy taxes, affirm not + that they were imposed illegally or by arbitrary will. +</pre> + <p> + This is a point which it would be rash for us to decide positively on + either side; but it is certain, that a charge drawn up by the duke of + Lancaster, and assented to by a parliament, situated in those + circumstances, forms no manner of presumption with regard to the unusual + irregularity or violence of the king's conduct in this particular.[*] <a + href="#linknote-16" name="linknoteref-16" id="linknoteref-16">16</a> + </p> +<pre xml:space="preserve"> + * See note P, at the end of the volume. +</pre> + <p> + When the charge against Richard was presented to the parliament, though it + was liable, almost in every article, to objections, it was not canvassed, + nor examined, nor disputed in either house, and seemed to be received with + universal approbation. One man alone, the bishop of Carlisle, had the + courage, amidst this general disloyalty and violence, to appear in defence + of his unhappy master, and to plead his cause against all the power of the + prevailing party. Though some topics employed by that virtuous prelate may + seem to favor too much the doctrine of passive obedience, and to make too + large a sacrifice of the rights of mankind, he was naturally pushed into + that extreme by his abhorrence of the present licentious factions; and + such intrepidity, as well as disinterestedness of behavior, proves that, + whatever his speculative principles were his heart was elevated far above + the meanness and abject submission of a slave. He represented to the + parliament, that all the abuses of government which could justly be + imputed to Richard, instead of amounting to tyranny, were merely the + result of error, youth, or misguided counsel, and admitted of a remedy + more easy and salutary than a total subversion of the constitution. That + even had they been much more violent and dangerous than they really were, + they had chiefly proceeded from former examples of resistance, which, + making the prince sensible of his precarious situation, had obliged him to + establish his throne by irregular and arbitrary expedients. That a + rebellious disposition in subjects was the principal cause of tyranny in + kings; laws could never secure the subject, which did not give security to + the sovereign; and if the maxim of inviolable loyalty, which formed the + basis of the English government, were once rejected, the privileges + belonging to the several orders of the state, instead of being fortified + by that licentiousness, would thereby lose the surest foundation of their + force and stability. That the parliamentary deposition of Edward II., far + from making a precedent which could control this maxim, was only an + example of successful violence; and it was sufficiently to be lamented, + that crimes were so often committed in the world, without establishing + principles which might justify and authorize them. + </p> + <p> + That even that precedent, false and dangerous as it was, could never + warrant the present excesses; which were so much greater, and which would + entail distraction and misery on the nation, to the latest posterity. That + the succession, at least, of the crown, was then preserved inviolate: the + lineal heir was placed on the throne; and the people had an opportunity, + by their legal obedience to him, of making atonement for the violence + which they had committed against his predecessor. That a descendant of + Lionel, duke of Clarence, the elder brother of the late duke of Lancaster, + had been declared in parliament successor to the crown; he had left + posterity; and their title, however it might be overpowered by present + force and faction, could never be obliterated from the minds of the + people. That if the turbulent disposition alone of the nation had + overturned the well-established throne of so good a prince as Richard, + what bloody commotions must ensue, when the same cause was united to the + motive of restoring the legal and undoubted heir to his authority? That + the new government intended to be established, would stand on no + principle; and would scarcely retain any pretence by which it could + challenge the obedience of men of sense and virtue. That the claim of + lineal descent was so gross, as scarcely to deceive the most ignorant of + the populace: conquest could never be pleaded by a rebel against his + sovereign; the consent of the people had no authority in a monarchy not + derived from consent, but established by hereditary right; and however the + nation might be justified in deposing the misguided Richard, it could + never have any reason for setting aside his lawful heir and successor, who + was plainly innocent. And that the duke of Lancaster would give them but a + bad specimen of the legal moderation which might be expected from his + future government, if he added,[**typo?] to the crime of his past + rebellion, the guilt of excluding the family, which, both by right of + blood and by declaration of parliament, would, in case of Richard's demise + or voluntary resignation, have been received as the undoubted heirs of the + monarchy.[*] + </p> +<pre xml:space="preserve"> + * Sir John Heywarde, p. 101. +</pre> + <p> + All the circumstances of this event, compared to those which attended the + late revolution in 1688, show the difference between a great and civilized + nation, deliberately vindicating its established privileges, and a + turbulent and barbarous aristocracy, plunging headlong from the extremes + of one faction into those of another. This noble freedom of the bishop of + Carlisle, instead of being applauded, was not so much as tolerated: he was + immediately arrested by order of the duke of Lancaster, and sent a + prisoner to the abbey of St. Albans. No further debate was attempted: + thirty-three long articles of charge were, in one meeting, voted against + Richard; and voted unanimously by the same peers and prelates who, a + little before, had voluntarily and unanimously authorized those very acts + of violence of which they now complained. That prince was deposed by the + suffrages of both houses; and the throne being now vacant, the duke of + Lancaster stepped forth, and having crossed himself on the forehead and on + the breast, and called upon the name of Christ,[*] he pronounced these + words, which we shall give in the original language, because of their + singularity. + </p> + <p> + "In the name of Fadher, Son, and Holy Ghost, I Henry of Lancaster, + challenge this rewme of Ynglande, and the croun with all the membres, and + the appurtenances; als I that am descendit by right line of the blode, + coming fro the gude king Henry therde, and throge that right that God of + his grace hath sent me, with helpe of kyn, and of my frendes to recover + it; the which rewme was in poynt to be ondone by defaut of governance, and + ondoying of the gude lawes."[**] + </p> + <p> + In order to understand this speech, it must be observed, that there was a + silly story, received among some of the lowest vulgar, that Edmond, earl + of Lancaster, son of Henry III., was really the elder brother of Edward + I.; but that, by reason of some deformity in his person, he had been + postponed in the succession, and his younger brother imposed on the nation + in his stead. As the present duke of Lancaster inherited from Edmond by + his mother, this genealogy made him the true heir of the monarchy, and it + is therefore insinuated in Henry's speech: but the absurdity was too gross + to be openly avowed either by him or by the parliament. The case is the + same with regard to his right of conquest: he was a subject who rebelled + against his sovereign: he entered the kingdom with a retinue of no more + than sixty persons. + </p> +<pre xml:space="preserve"> + * Cotton, p. 389. + + ** Knyghton, p. 2757. could not therefore be the conqueror + of England; and this right is accordingly insinuated, not + avowed. Still there is a third claim, derived from his + merits in saving the nation from tyranny and oppression; and + this claim is also insinuated: but as it seemed, by its + nature, better calculated as a reason for his being elected + king by a free choice, than for giving him an immediate + right of possession, he durst not speak openly even on this + head; and to obviate any notion of election, he challenges + the crown as his due, either by acquisition or inheritance. + The whole forms such a piece of jargon and nonsense, as is + almost without example: no objection, however, was made to + it in parliament: the unanimous voice of lords and commons + placed Henry on the throne: he became king, nobody could + tell how or wherefore: the title of the house of Marche, + formerly recognized by parliament, was neither invalidated + nor repealed, but passed over in total silence: and as a + concern for the liberties of the people seems to have had no + hand in this revolution, their right to dispose of the + government, as well as all their other privileges, was left + precisely on the same footing as before. But Henry having, + when he claimed the crown, dropped some obscure hint + concerning conquest, which, it was thought, might endanger + these privileges, he soon after made a public declaration, + that he did not thereby intend to deprive any other of his + franchises or liberties; which was the only circumstances + where we shall find meaning or common sense in all these + transactions. +</pre> + <p> + The subsequent events discover the same headlong violence of conduct, and + the same rude notions of civil government. The deposition of Richard + dissolved the parliament: it was necessary to summon a new one: and Henry, + in six days after, called together, without any new election, the same + members; and this assembly he denominated a new parliament. They were + employed in the usual task of reversing every deed of the opposite party. + All the acts o£ the last parliament of Richard, which had been confirmed + by their oaths, and by a papal bull, were abrogated: all the acts which + had passed in the parliament where Glocester prevailed: which had also + been confirmed by their oaths, but which had been abrogated by Richard, + were anew established:[**] the answers of Tresifian and the other judges, + which a parliament had annulled, but which a new parliament and new judges + had approved, here received a second condemnation. + </p> +<pre xml:space="preserve"> + * Knyghton, p. 2759. Otterborne, p. 220. + + ** Cotton, p. 390. +</pre> + <p> + The peers who had accused Glocester, Arundel, and Warwick, and who had + received higher titles for that piece of service, were all of them + degraded from their new dignities; even the practice of prosecuting + appeals in parliament, which bore the air of a violent confederacy against + an individual, rather than of a legal indictment, was wholly abolished, + and trials were restored to the course of common law.* The natural effect + of this conduct was, to render the people giddy with such rapid and + perpetual changes, and to make them lose all notions of right and wrong in + the measures of government. + </p> + <p> + The earl of Northumberland made a motion, in the house of peers, with + regard to the unhappy prince whom they had deposed. He asked them, what + advice they would give the king for the future treatment of him; since + Henry was resolved to spare his life. They unanimously replied, that he + should be imprisoned under a secure guard, in some secret place, and + should be deprived of all commerce with any of his friends or partisans. + It was easy to foresee, that he would not long remain alive in the hands + of such barbarous and sanguinary enemies. Historians differ with regard to + the manner in which he was murdered. It was long the prevailing opinion, + that Sir Piers Exton, and others of his guards, fell upon him in the + Castle of Pomfret, where he was confined, and despatched him with their + halberts. But it is more probable that he was starved to death in prison; + and after all sustenance was denied him, he prolonged his unhappy life, it + is said, for a fortnight, before he reached the end of his miseries. This + account is more consistent with the story, that his body was exposed in + public, and that no marks of violence were observed upon it. He died in + the thirty-fourth year of his age, and the twenty-third of his reign. He + left no posterity, either legitimate or illegitimate. + </p> + <p> + All the writers who have transmitted to us the history of Richard, lived + during the reigns of the Lancastrian princes, and candor requires, that we + should not give entire credit to the reproaches which they have thrown + upon his memory. But after making all proper allowances, he still appears + to have been a weak prince, and unfit for government, less for want of + natural parts and capacity, than of solid judgment and a good education. + He was violent in his temper, profuse in his expenses, fond of idle show + and magnificence, devoted to favorites, and addicted to pleasure; + passions, all of them the most inconsistent with a prudent economy, and + consequently dangerous in a limited and mixed government. Had he possessed + the talents of gaining, and still more those of overawing, his great + barons, he might have escaped all the misfortunes of his reign, and been + allowed to carry much further his oppressions over the people, if he + really was guilty of any, without their daring to rebel, or even to murmur + against him. But when the grandees were tempted, by his want of prudence + and of vigor, to resist his authority, and execute the most violent + enterprises upon him, he was naturally led to seek an opportunity of + retaliation: justice was neglected; the lives of the chief nobility were + sacrificed; and all these enormities seem to have proceeded less from a + settled design of establishing arbitrary power, than from the insolence of + victory, and the necessities of the king's situation. The manners indeed + of the age were the chief source of such violence: laws, which were feebly + executed in peaceable times, lost all their authority during public + convulsions: both parties were alike guilty: or, if any difference may be + remarked between them, we shall find, that the authority of the crown, + being more legal, was commonly carried, when it prevailed, to less + desperate extremities, than was that of the aristocracy. + </p> + <p> + On comparing the conduct and events of this reign with those of the + preceding, we shall find equal reason to admire Edward and to blame + Richard; but the circumstance of opposition, surely, will not lie in the + strict regard paid by the former to national privileges, and the neglect + of them by the latter. On the contrary, the prince of small abilities, as + he felt his want of power, seems to have been more moderate in this + respect than the other. Every parliament assembled during the reign of + Edward, remonstrates against the exertion of some arbitrary prerogative or + other: we hear not any complaints of that kind during the reign of + Richard, till the assembling of his last parliament, which was summoned by + his inveterate enemies, which dethroned him, which framed their complaints + during the time of the most furious convultions, and whose testimony must + therefore have, on that account, much less authority with every equitable + judge.[*] Both these princes experienced the encroachments of the great + upon their authority. Edward, reduced to necessities, was obliged to make + an express bargain with his parliament and to sell some of his + prerogatives for present supply; but as they were acquainted with his + genius and capacity, they ventured not to demand any exorbitant + concessions, or such as were incompatible with regal and sovereign power: + the weakness of Richard tempted the parliament to extort a commission, + which, in a manner, dethroned the prince, and transferred the sceptre into + the hands of the nobility. The events of these encroachments were also + suitable to the character of each. Edward had no sooner gotten the supply, + than he departed from the engagements which had induced the parliament to + grant it; he openly told his people, that he had but dissembled with them + when he seemed to make them these concessions; and he resumed and retained + all his prerogatives. But Richard, because he was detected in consulting + and deliberating with the judges on the lawfulness of restoring the + constitution, found his barons immediately in arms against him; was + deprived of his liberty; saw his favorites, his ministers, his tutor, + butchered before his face, or banished and attainted; and was obliged to + give way to all this violence. There cannot be a more remarkable contrast + between the fortunes of two princes: it were happy for society, did this + contrast always depend on the justice or injustice of the measures which + men embrace; and not rather on the different degrees of prudence and vigor + with which those measures are supported. + </p> + <p> + There was a sensible decay of ecclesiastical authority during this period. + The disgust which the laity had received from the numerous usurpations + both of the court of Rome and of their own clergy, had very much weaned + the kingdom from superstition; and strong symptoms appeared, from time to + time, of a general desire to shake off the bondage of the Romish church. + In the committee of eighteen, to whom Richard's last parliament delegated + their whole power, there is not the name of one ecclesiastic to be found; + a neglect which is almost without example, while the Catholic religion + subsisted in England.[**] <a href="#linknote-17" name="linknoteref-17" + id="linknoteref-17">17</a> + </p> +<pre xml:space="preserve"> + * Peruse, in this view, the Abridgment of the Records, by + Sir Robert Cotton, during these two reigns. + + ** See note Q, at the end of the volume. +</pre> + <p> + The aversion entertained against the established church soon found + principles, and tenets, and reasonings, by which it could justify and + support itself. John Wickliffe, a secular priest, educated at Oxford, + began in the latter end of Edward III. to spread the doctrine of + reformation by his discourses, sermons, and writings; and he made many + disciples among men of all ranks and stations. He seems to have been a man + of parts and learning; and has the honor of being the first person in + Europe that publicly called in question those principles which had + universally passed for certain and undisputed during so many ages. + Wickliffe himself, as well as his disciples, who received the name of + Wickliffites, or Lollards, was distinguished by a great austerity of life + and manners; a circumstance common to almost all those who dogmatize in + any new way; both because men who draw to them the attention of the + public, and expose themselves to the odium of great multitudes, are + obliged to be very guarded in their conduct, and because few who have a + strong propensity to pleasure or business, will enter upon so difficult + and laborious an undertaking. The doctrines of Wickliffe being derived + from his search into the Scriptures and into ecclesiastical antiquity, + were nearly the same with those which were propagated by the reformers in + the sixteenth century: he only carried some of them farther than was done + by the more sober part of these reformers. He denied the doctrine of the + real presence, the supremacy of the church of Rome, the merit of monastic + vows: he maintained, that the Scriptures were the sole rule of faith; that + the church was dependent on the state, and should be reformed by it; that + the clergy ought to possess no estates; that the begging friars were a + nuisance, and ought not to be supported;[*] that the numerous ceremonies + of the church were hurtful to true piety: he asserted that oaths were + unlawful, that dominion was founded in grace, that everything was subject + to fate and destiny, and that all men were preordained either to eternal + salvation or reprobation,[**] From the whole of his doctrines, Wickliffe + appears to have been strongly tinctured with enthusiasm, and to have been + thereby the better qualified to oppose a church whose chief characteristic + is superstition. + </p> +<pre xml:space="preserve"> + * Walsing. p. 191, 208, 283, 284. Spel. Concil. vol. ii. p. + 680. + + ** Harpsfield, p. 668, 673, 674. Waldens. lib. iii. art. i. + cap. 8. +</pre> + <p> + The propagation of these principles gave great alarm to the clergy; and a + bull was issued by Pope Gregory XI. for taking Wickliffe into custody, and + examining into the scope of his opinions.[*] Courteney, bishop of London, + cited him before his tribunal; but the reformer had now acquired powerful + protectors, who screened him from the ecclesiastical jurisdiction. The + duke of Lancaster, who then governed the kingdom, encouraged the + principles of Wickliffe; and he made no scruple, as well as Lord Piercy, + the mareschal, to appear openly in court with him, in order to give him + countenance upon his trial: he even insisted, that Wickliffe should sit in + the bishop's presence while his principles were examined: Courteney + exclaimed against the insult: the Londoners, thinking their prelate + affronted, attacked the duke and mareschal, who escaped from their hands + with some difficulty.[**] And the populace, soon after, broke into the + houses of both these noblemen, threatened their persons, and plundered + their goods. The bishop of London had the merit of appeasing their fury + and resentment. + </p> + <p> + The duke of Lancaster, however, still continued his protection to + Wickliffe, during the minority of Richard; and the principles of that + reformer had so far propagated themselves, that when the pope sent to + Oxford a new bull against these doctrines, the university deliberated for + some time whether they should receive the bull; and they never took any + vigorous measures in consequence of the papal orders.[***] Even the + populace of London were at length brought to entertain favorable + sentiments of this reformer: when he was cited before a synod at Lambeth, + they broke into the assembly, and so overawed the prelates, who found both + the people and the court against them, that they dismissed him without any + further censure. + </p> +<pre xml:space="preserve"> + * Spel. Concil. vol. ii. p. 621. Walsing. p. 201, 202, 203. + + ** Harpsfield in Hist. Wickl. p. 683. + + *** Wood's Ant. Oxon. lib. i. p. 191, etc. Walsing, p 201. +</pre> + <p> + The clergy, we may well believe, were more wanting in power than in + inclination to punish this new heresy which struck at all their credit, + possessions, and authority. But there was hitherto no law in England by + which the secular arm was authorized to support orthodoxy; and the + ecclesiastics endeavored to supply the defect by an extraordinary and + unwarrantable artifice. In the year 1381, there was an act passed, + requiring sheriffs to apprehend the preachers of heresy and their + abettors; but this statute had been surreptitiously obtained by the + clergy, and had the formality of an enrolment without the consent of the + commons. In the subsequent session, the lower house complained of the + fraud; affirmed, that they had no intention to bind themselves to the + prelates further than their ancestors had done before them; and required + that the pretended statute should be repealed, which was done + accordingly.* But it is remarkable, that notwithstanding this vigilance of + the commons, the clergy had so much art and influence, that the repeal was + suppressed, and the act, which never had any legal authority, remains to + this day upon the statute book;[*] though the clergy still thought proper + to keep it in reserve and not proceed to the immediate execution of it. + </p> + <p> + But besides this defect of power in the church, which saved Wickliffe, + that reformer himself, notwithstanding his enthusiasm, seems not to have + been actuated by the spirit of martyrdom; and in all subsequent trials + before the prelates, he so explained away his doctrine by tortured + meanings, as to render it quite innocent and inoffensive.[**] Most of his + followers imitated his cautious disposition, and saved themselves either + by recantations or explanations. He died of a palsy, in the year 1385, at + his rectory of Lutterworth, in the county of Leicester; and the clergy, + mortified that he should have escaped their vengeance, took care, besides + assuring the people of his eternal damnation, to represent his last + distemper as a visible judgment of Heaven upon him for his multiplied + heresies and impieties.[***] + </p> + <p> + The proselytes, however, of Wickliffe's opinions still increased in + England:[****] some monkish writers represent one half of the kingdom as + infected by those principles: they were carried over to Bohemia by some + youth of that nation, who studied at Oxford: but though the age seemed + strongly disposed to receive them, affairs were not yet fully ripe for + this great revolution; and the finishing blow to ecclesiastical power was + reserved to a period of more curiosity, literature, and inclination for + novelties. + </p> +<pre xml:space="preserve"> + * Cotton's Abridg. p. 285. + + ** 5 Richard II. chap. 5. + + *** Walsing. p. 206. Knyghton, p. 2655, 2656. + + **** Knyghton, p. 2663. +</pre> + <p> + Meanwhile the English parliament continued to check the clergy and the + court of Rome, by more sober and more legal expedients. They enacted anew + the statute of "provisors," and affixed higher penalties to the + transgression of it, which, in some instances, was even made capital.[*] + The court of Rome had fallen upon a new device, which increased their + authority over the prelates: the pope, who found that the expedient of + arbitrarily depriving them was violent, and liable to opposition, attained + the same end by transferring such of them as were obnoxious to poorer + sees, and even to nominal sees, "in partibus infidelium." It was thus that + the archbishop of York, and the bishops of Durham and Chichester, the + king's ministers, had been treated after the prevalence of Glocester's + faction: the bishop of Carlisle met with the same fate after the accession + of Henry IV. For the pope always joined with the prevailing powers, when + they did not thwart his pretensions. The parliament, in the reign of + Richard, enacted a law against this abuse: and the king made a general + remonstrance to the court of Rome against all those usurpations, which he + calls "horrible excesses" of that court.[**] + </p> + <p> + It was usual for the church, that they might elude the mortmain act, to + make their votaries leave lands in trust to certain persons, under whose + name the clergy enjoyed the benefit of the bequest: the parliament also + stopped the progress of this abuse.[***] In the seventeenth of the king, + the commons prayed, "that remedy might be had against such religious + persons as cause their villains to marry free women inheritable, whereby + the estate comes to those religious hands by collusion."[****] This was a + new device of the clergy. + </p> +<pre xml:space="preserve"> + * 13 Richard II. cap. 3. 16 Richard II. cap. 4. + + ** Rymer, vol. vii. p. 672. + + **** Knyghton, p. 27, 38. Cotton, p. 355. + + **** Cotton, p. 355. +</pre> + <p> + The papacy was at this time somewhat weakened by a schism, which lasted + during forty years, and gave great scandal to the devoted partisans of the + holy see. After the pope had resided many years at Avignon, Gregory XI. + was persuaded to return to Rome; and upon his death, which happened in + 1380, the Romans, resolute to fix, for the future, the seat of the papacy + in Italy, besieged the cardinals in the conclave, and compelled them, + though they were mostly Frenchmen, to elect Urban VI., an Italian, into + that high dignity. The French cardinals, as soon as they recovered their + liberty, fled from Rome, and protesting against the forced election, chose + Robert, son of the count of Geneva, who took the name of Clement VII., and + resided at Avignon. All the Kingdoms of Christendom, according to their + several interests and inclinations, were divided between these two + pontiffs. The court of France adhered to Clement, and was followed by its + allies, the king of Castile and the king of Scotland: England of course + was thrown into the other party, and declared for Urban. Thus the + appellation of Clementines and Urbanists distracted Europe for several + years; and each party damned the other as schismatics, and as rebels to + the true vicar of Christ. But this circumstance, though it weakened the + papal authority, had not so great an effect as might naturally be + imagined. Though any king could easily, at first, make his kingdom embrace + the party of one pope or the other, or even keep it some time in suspense + between them, he could not so easily transfer his obedience at pleasure: + the people attached themselves to their own party, as to a religious + opinion; and conceived an extreme abhorrence to the opposite party, whom + they regarded as little better than Saracens, or infidels. Crusades were + even undertaken in this quarrel; and the zealous bishop of Norwich, in + particular, led over, in 1382 near sixty thousand bigots into Flanders + against the Clementines; but after losing a great part of his followers, + he returned with disgrace into England.[*] Each pope, sensible, from this + prevailing spirit among the people, that the kingdom which once embraced + his cause would always adhere to him, boldly maintained all the + pretensions of his see, and stood not much more in awe of the temporal + sovereigns, than if his authority had not been endangered by a rival. + </p> + <p> + We meet with this preamble to a law enacted at the very beginning of this + reign: "Whereas divers persons of small garrison of land or other + possessions do make great retinue of people, as well of esquires as of + others, in many parts of the realm, giving to them hats and other livery + of one suit by year taking again towards them the value of the same + livery, or percase the double value, by such covenant and assurance, that + every of them shall maintain other in all quarrels, be they reasonable or + unreasonable, to the great mischief and oppression of the people, + etc."[**] + </p> +<pre xml:space="preserve"> + * Froissard, liv. i. chap. 133, 134. Walsing. p. 298, 299, + 300. etc. Knyghtor., p. 2671. + + ** I Richard, II. chap. 7 +</pre> + <p> + This preamble contains a true picture of the state of the kingdom. The + laws had been so feebly executed, even during the long, active, and + vigilant reign of Edward III., that no subject could trust to their + protection. Men openly associated themselves, under the patronage of some + great baron, for their mutual defence. They wore public badges, by which + their confederacy was distinguished. They supported each other in all + quarrels, iniquities, extortions, murders, robberies, and other crimes. + Their chief was more their sovereign than the king himself; and their own + band was more connected with them than their country. Hence the perpetual + turbulence, disorders, factions, and civil wars of those times: hence the + small regard paid to a character, or the opinion of the public: hence the + large discretionary prerogatives of the crown, and the danger which might + have ensued from the too great limitation of them. If the king had + possessed no arbitrary powers, while all the nobles assumed and exercised + them, there must have ensued an absolute anarchy in the state. + </p> + <p> + One great mischief attending these confederacies was, the extorting from + the king pardons for the most enormous crimes. The parliament often + endeavored, in the last reign, to deprive the prince of this prerogative; + but, in the present, they were content with an abridgment of it. They + enacted, that no pardon for rapes, or for murder from malice prepense, + should be valid, unless the crime were particularly specified in it.[*] + There were also some other circumstances required for passing any pardon + of this kind: an excellent law, but ill observed, like most laws that + thwart the manners of the people, and the prevailing customs of the times. + </p> +<pre xml:space="preserve"> + * 13 Richard II. chap. 1 +</pre> + <p> + It is easy to observe, from these voluntary associations among the people, + that the whole force of the feudal system was in a manner dissolved, and + that the English had nearly returned, in that particular, to the same + situation in which they stood before the Norman conquest. It was, indeed, + impossible that that system could long subsist under the perpetual + revolutions to winch landed property is every where subject. When the + great feudal baronies were first erected, the lord lived in opulence in + the midst of his vassals: he was in a situation to protect, and cherish + and defend them: the quality of patron naturally united itself to that of + superior: and these two principles of authority mutually supported each + other. But when by the various divisions and mixtures of property, a man's + superior came to live at a distance from him, and could no longer give him + shelter or countenance, the tie gradually became more fictitious than + real: new connections from vicinity or other causes were formed: + protection was sought by voluntary services and attachment: the appearance + of valor spirit, abilities in any great man, extended his interest very + far, and if the sovereign were deficient in these qualities, he was no + less, if not more exposed to the usurpations of the aristocracy, than even + during the vigor of the feudal system. + </p> + <p> + The greatest novelty introduced into the civil government during this + reign was the creation of peers by patent. Lord Beauchamp, of Holt, was + the first peer that was advanced to the house of lords in this manner. The + practice of levying benevolences is also first mentioned in the present + reign. This prince lived in a more magnificent manner than perhaps any of + his predecessors or successors. His household consisted of ten thousand + persons: he had three hundred in his kitchen; and all the other offices + were furnished in proportion.[*] It must be remarked, that this enormous + train had tables supplied them at the king's expense, according to the + mode of that age. Such prodigality was probably the source of many + exactions by purveyors, and was one chief reason of the public + discontents. + </p> +<pre xml:space="preserve"> + * Harding: this poet says, that he speaks from the authority + of a clerk of the green cloth. +</pre> + <p> + <a name="link2HCH0007" id="link2HCH0007"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XVIII. + </h2> + <p> + <a name="linkimage-0010" id="linkimage-0010"> + <!-- IMG --></a> <a href="images/1_250_henry4.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_250_henry4_th.jpg" title="Henry IV." + alt="1_250_henry4.jpg Henry IV. " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0014" id="link2H_4_0014"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + HENRY IV + </h2> + <p class="side"> + 1399. + </p> + <p> + The English had so long been familiarized to the hereditary succession of + their monarchs, the instances of departure from it had always borne such + strong symptoms of injustice and violence, and so little of a national + choice or election, and the returns to the true line had ever been deemed + such fortunate incidents in their history, that Henry was afraid, lest, in + resting his title on the consent of the people, he should build on a + foundation to which the people themselves were not accustomed, and whose + solidity they would with difficulty be brought to recognize. The idea too + of choice seemed always to imply that of conditions, and a right of + recalling the consent upon any supposed violation of them; an idea which + was not naturally agreeable to a sovereign, and might in England be + dangerous to the subjects, who, lying so much under the influence of + turbulent nobles, had ever paid but an imperfect obedience even to their + hereditary princes. For these reasons Henry was determined never to have + recourse to this claim; the only one on which his authority could + consistently stand: he rather chose to patch up his title, in the best + manner he could, from other pretensions: and in the end, he left himself, + in the eyes of men of sense, no ground of right but his present + possession; a very precarious foundation, which, by its very nature, was + liable to be overthrown by every faction of the great, or prejudice of the + people. He had indeed a present advantage over his competitor: the heir of + the house of Mortimer, who had been declared in parliament heir to the + crown, was a boy of seven years of age:[*] his friends consulted his + safety by keeping silence with regard to his title: Henry detained him and + his younger brother in an honorable custody at Windsor Castle. + </p> +<pre xml:space="preserve"> + * Dugdale, vol. i. p. 151. +</pre> + <p> + But he had reason to dread that, in proportion as that nobleman grew to + man's estate, he would draw to him the attachment of the people, and make + them reflect on the fraud, violence, and injustice by which he had been + excluded from the throne. Many favorable topics would occur in his behalf: + he was a native of England; possessed an extensive interest from the + greatness and alliances of his family; however criminal the deposed + monarch, this youth was entirely innocent; he was of the same religion, + and educated in the same manners with the people, and could not be + governed by any separate interest: these views would all concur to favor + his claim; and though the abilities of the present prince might ward off + any dangerous revolution, it was justly to be apprehended, that his + authority could with difficulty be brought to equal that of his + predecessors. + </p> + <p> + Henry, in his very first parliament, had reason to see the danger + attending that station which he had assumed, and the obstacles which he + would meet with in governing an unruly aristocracy, always divided by + faction, and at present inflamed with the resentments consequent on such + recent convulsions. The peers, on their assembling, broke out into violent + animosities against each other; forty gauntlets, the pledges of furious + battle, were thrown on the floor of the house by noblemen who gave mutual + challenges; and "liar" and "traitor" resounded from all quarters. The king + had so much authority with these doughty champions, as to prevent all the + combats which they threatened; but he was not able to bring them to a + proper composure, or to an amicable disposition towards each other. + </p> + <p class="side"> + 1400. + </p> + <p> + It was not long before these passions broke into action. The earls of + Rutland, Kent, and Huntingdon, and Lord Spenser, who were now degraded + from the respective titles of Albemarle, Surrey, Exeter, and Glocester, + conferred on them by Richard, entered into a conspiracy, together with the + earl of Salisbury and Lord Lumley, for raising an insurrection, and for + seizing the king's person at Windsor;[*] but the treachery of Rutland gave + him warning of the danger. He suddenly withdrew to London; and the + conspirators, who came to Windsor with a body of five hundred horse, found + that they had missed this blow, on which all the success of their + enterprise depended. + </p> +<pre xml:space="preserve"> + * Walsing. p. 362. Otterborne. p. 224. +</pre> + <p> + Henry appeared, next day, at Kingston upon Thames, at the head of twenty + thousand men, mostly drawn from the city; and his enemies, unable to + resist his power, dispersed themselves, with a view of raising their + followers in the several counties which were the seat of their interest. + But the adherents of the king were hot in the pursuit, and every where + opposed themselves to their progress. The earls of Kent and Salisbury were + seized at Cirencester by the citizens, and were next day beheaded without + further ceremony, according to the custom of the times.[*] The citizens of + Bristol treated Spenser and Lumley in the same manner. The earl of + Huntingdon, Sir Thomas Blount, and Sir Benedict Sely, who were also taken + prisoners, suffered death, with many others of the conspirators, by orders + from Henry. And when the quarters of these unhappy men were brought to + London, no less than eighteen bishops and thirty-two mitred abbots joined + the populace, and met them with the most indecent marks of joy and + exultation. + </p> + <p> + But the spectacle the most shocking to every one, who retained any + sentiment either of honor or humanity, still remained. The earl of Rutland + appeared, carrying on a pole the head of Lord Spenser, his brother-in-law, + which he presented in triumph to Henry as a testimony of his loyalty. This + infamous man, who was soon after duke of York by the death of his father, + and first prince of the blood, had been instrumental in the murder of his + uncle, the duke of Glocester;[**] had then deserted Richard, by whom he + was trusted; had conspired against the life of Henry, to whom he had sworn + allegiance; had betrayed his associates, whom he had seduced into this + enterprise; and now displayed, in the face of the world, these badges of + his multiplied dishonor. + </p> +<pre xml:space="preserve"> + * Walsing. p. 363. Ypod. Neust. p. 556. + + ** Dugdale, vol. ii. p. 171. +</pre> + <p class="side"> + 1401. + </p> + <p> + Henry was sensible that, though the execution of these conspirators might + seem to give security to his throne, the animosities which remain after + such bloody scenes, are always dangerous to royal authority; and he + therefore determined not to increase, by any hazardous enterprise, those + numerous enemies with whom he was every where environed. While a subject, + he was believed to have strongly imbibed all the principles of his father, + the duke of Lancaster, and to have adopted the prejudices which the + Lollards inspired against the abuses of the established church: but + finding, himself possessed of the throne by so precarious a title, he + thought superstition a necessary implement of public authority; and he + resolved, by every expedient, to pay court to the clergy. There were + hitherto no penal laws enacted against heresy; an indulgence which had + proceeded, not from a spirit of toleration in the Romish church, but from + the ignorance and simplicity of the people, which had rendered them unfit + either for starting or receiving any new or curious doctrines, and which + needed not to be restrained by rigorous penalties. But when the learning + and genius of Wickliffe had once broken, in some measure, the fetters of + prejudice, the ecclesiastics called aloud for the punishment of his + disciples; and the king, who was very little scrupulous in his conduct, + was easily induced to sacrifice his principles to his interest, and to + acquire the favor of the church by that most effectual method, the + gratifying of their vengeance against opponents. He engaged the parliament + to pass a law for that purpose: it was enacted, that when any heretic, who + relapsed, or refused to abjure his opinions, was delivered over to the + secular arm by the bishop or his commissaries, he should be committed to + the flames by the civil magistrate before the whole people.[*] This weapon + did not long remain unemployed in the hands of the clergy: William Sautré, + rector of St. Osithes in London, had been condemned by the convocation of + Canterbury; his sentence was ratified by the house of peers; the king + issued his writ for the execution; [**] and the unhappy man atoned for his + erroneous opinions by the penalty of fire. This is the first instance of + that kind in England; and thus one horror more was added to those dismal + scenes which at that time were already but too familiar to the people. + </p> + <p> + But the utmost precaution and prudence of Henry could not shield him from + those numerous inquietudes which assailed him from every quarter. The + connections of Richard with the royal family of France, made that court + exert its activity to recover his authority, or revenge his death. [***] + </p> +<pre xml:space="preserve"> + * 2 Henry IV. chap. vii. + + ** Rymer, vol. viii. p. 178. + + *** Rymer, vol. viii. p. 123. +</pre> + <p> + But though the confusions in England tempted the French to engage in some + enterprise by which they might distress their ancient enemy, the greater + confusions which they experienced at home, obliged them quickly to + accommodate matters; and Charles, content with recovering his daughter + from Henry's hands, laid aside his preparations, and renewed the truce + between the kingdoms.[*] The attack of Guienne was also an inviting + attempt, which the present factions that prevailed among the French + obliged them to neglect. The Gascons, affectionate to the memory of + Richard, who was born among them, refused to swear allegiance to a prince + that had dethroned and murdered him; and the appearance of a French army + on their frontiers would probably have tempted them to change masters.[**] + But the earl of Worcester, arriving with some English troops, gave + countenance to the partisans of Henry, and overawed their opponents. + Religion too was here found a cement to their union with England. The + Gascons had been engaged by Richard's authority to acknowledge the pope of + Rome; and they were sensible that, if they submitted to France, it would + be necessary for them to pay obedience to the pope of Avignon, whom they + had been taught to detest as a schismatic. Their principles on this head + were too fast rooted to admit of any sudden or violent alteration. + </p> + <p> + The revolution in England proved likewise the occasion of an insurrection + in Wales. Owen Glendour, or Glendourduy, descended from the ancient + princes of that country, had become obnoxious on account of his attachment + to Richard: and Reginald, Lord Gray of Ruthyn, who was closely connected + with the new king, and who enjoyed a great fortune in the marches of + Wales, thought the opportunity favorable for oppressing his neighbor, and + taking possession of his estate. [***] Glendour, provoked at the + injustice, and still more at the indignity, recovered possession by the + sword; [****] Henry sent assistance to Gray; [*****] the Welsh took part + with Glendour: a troublesome and tedious war was kindled, which Glendour + long sustained by his valor and activity, aided by the natural strength of + the country, and the untamed spirit of its inhabitants. + </p> +<pre xml:space="preserve"> + * Rymer, vol. viii. p. 142, 152, 219. + + ** Rymer, vol. viii. p. 110, 111. + + *** Vita Ric. Sec. p. 171, 172 + + **** Walsing, p. 364. + +</pre> + <p> + As Glendour committed devastations promiscuously on all the English, he + infested the estate of the earl of Marche; and Sir Edmund Mortimer, uncle + to that nobleman, led out the retainers of the family, and gave battle to + the Welsh chieftain: his troops were routed, and he was taken prisoner:[*] + at the same time, the earl himself, who had been allowed to retire to his + castle of Wigmore, and who, though a mere boy, took the field with his + followers, fell also into Glendour's hands, and was carried by him into + Wales.[**] As Henry dreaded and hated all the family of Marche, he allowed + the earl to remain in captivity; and though that young nobleman was nearly + allied to the Piercies, to whose assistance he himself had owed his crown, + he refused to the earl of Northumberland permission to treat of his ransom + with Glendour. + </p> + <p> + The uncertainty in which Henry's affairs stood during a long time with + France, as well as the confusions incident to all great changes in + government, tempted the Scots to make incursions into England; and Henry, + desirous of taking revenge upon them, but afraid of rendering his new + government unpopular by requiring great supplies from his subjects, + summoned at Westminster a council of the peers, without the commons, and + laid before them the state of his affairs.[***] The military part of the + feudal constitution was now much decayed: there remained only so much of + that fabric as affected the civil rights and properties of men: and the + peers here undertook, but voluntarily, to attend the king in an expedition + against Scotland, each of them at the head of a certain number of his + retainers. [****] Henry conducted this army to Edinburgh, of which he + easily made himself master; and he there summoned Robert III. to do homage + to him for his crown.[*****] But finding that the Scots would neither + submit nor give him battle, he returned in three weeks, after making this + useless bravado; and he disbanded his army. + </p> + <p class="side"> + 1402. + </p> + <p> + In the subsequent season, Archibald, earl of Douglas, at the head of + twelve thousand men, and attended by many of the principal nobility of + Scotland, made an irruption into England, and committed devastations on + the northern counties. On his return home, he was overtaken by the + Piercies, at Homeldom, on the borders of England, and a fierce battle + ensued, where the Scots were totally routed. Douglas himself was taken + prisoner; as was Mordác, earl of Fife, son of the duke of Albany, and + nephew of the Scottish king, with the earls of Angus, Murray, and Orkney, + and many others of the gentry and nobility. [******] | When Henry received + intelligence of this victory, he sent the earl of Northumberland orders + not to ransom his prisoners, which that nobleman regarded as his right by + the laws of war received in that age. The king intended to detain them, + that he might be able by their means to make an advantageous peace with + Scotland; but by this policy he gave a fresh disgust to the family of + Piercy. + </p> +<pre xml:space="preserve"> + * Dugdale, vol. i. p. 150. + + ** Dugdale, vol. i. p. 151. + + *** Rymer, vol. viii. p. 125, 126. + + **** Rymer, Vol. viii. p.. 125. + + ****** Walsing p. 336. Vita Ric. Sec p. 180. Chron. + Otterborne. p. 237. +</pre> + <p class="side"> + 1403. + </p> + <p> + The obligations which Henry had owed to Northumberland, were of a kind the + most likely to produce ingratitude on the one side, and discontent on the + other. The sovereign naturally became jealous of that power which had + advanced him to the throne; and the subject was not easily satisfied in + the returns which he thought so great a favor had merited. Though Henry, + on his accession, had bestowed the office of constable on Northumberland + for life,[*] and conferred other gifts on that family, these favors were + regarded as their due; the refusal of any other request was deemed an + injury. + </p> +<pre xml:space="preserve"> + * Rymer, vol. viii. p. 89. +</pre> + <p> + The impatient spirit of Harry Piercy, and the factious disposition of the + earl of Worcester, younger brother of Northumberland, inflamed the + discontents of that nobleman; and the precarious title of Henry tempted + him to seek revenge, by overturning that throne which he had at first + established. He entered into a correspondence with Glendour: he gave + liberty to the earl of Douglas, and made an alliance with that martial + chief: he roused up all his partisans to arms; and such unlimited + authority at that time belonged to the great families, that the same men, + whom, a few years before, he had conducted against Richard, now followed + his standard in opposition to Henry. When war was ready to break out, + Northumberland was seized with a sudden illness at Berwick: and young + Piercy, taking the command of the troops, marched towards Shrewsbury, in + order to join his forces with those of Glendour, The king had happily a + small army on foot, with which he had intended to act against the Scots; + and knowing the importance of celerity in all civil wars, he instantly + hurried down, that he might give battle to the rebels. He approached + Piercy near Shrewsbury, before that nobleman was joined by Glendour; and + the policy of one leader, and impatience of the other, made them hasten to + a general engagement. + </p> + <p> + The evening before the battle, Piercy sent a manifesto to Henry, in which + he renounced his allegiance, set that prince at defiance, and, in the name + of his father and uncle, as well as his own, enumerated all the grievances + of which, he pretended, the nation had reason to complain; He upbraided + him with the perjury of which he had been guilty, when, on landing at + Ravenspur, he had sworn upon the Gospels, before the earl of + Northumberland, that he had no other intension than to recover the duchy + of Lancaster, and that he would ever remain a faithful subject to King + Richard. He aggravated his guilt in first dethroning, then murdering that + prince, and in usurping on the title of the house of Mortimer, to whom, + both by lineal succession, and by declarations of parliament, the throne, + when vacant by Richard's demise, did of right belong. He complained of his + cruel policy in allowing the young earl of Marche, whom he ought to regard + as his sovereign, to remain a captive in the hands of his enemies, and in + even refusing to all his friends permission to treat of his ransom; He + charged him again with perjury in loading the nation with heavy taxes, + after having sworn that, without the utmost necessity, he would never levy + any impositions upon them. And he reproached him with the arts employed in + procuring favorable elections into parliament; arts which he himself had + before imputed as a crime to Richard, and which he had made one chief + reason of that prince's arraignment and deposition.[*] This manifesto was + well calculated to inflame the quarrel between the parties: the bravery of + the two leaders promised an obstinate engagement; and the equality of the + armies, being each about twelve thousand men, a number which was not + unmanageable by the commanders, gave reason to expect a great effusion of + blood on both sides, and a very doubtful issue to the combat. + </p> + <p> + We shall scarcely find any battle in those ages where the shock was more + terrible and more constant. Henry exposed his person in the thickest of + the fight: his gallant son, whose military achievements were afterwards so + renowned, and who here performed his novitiate in arms, signalized himself + on his father's footsteps; and even a wound, which he received in the face + with tin arrow, could not oblige him to quit the field.[**] + </p> +<pre xml:space="preserve"> + * Hall, fol. 21, 22, etc. + + ** T. Livii, p. 3 +</pre> + <p> + Piercy supported that fame which he had acquired in many a bloody combat. + And Douglas, his ancient enemy, and now his friend, still appeared his + rival amidst the horror and confusion of the day. This nobleman performed + feats of valor which are almost incredible: he seemed determined that the + king of England should that day fall by his arm: he sought him all over + the field of battle: and as Henry, either to elude the attacks of the + enemy upon his person, or to encourage his own men by the belief of his + presence every where, had accoutred several captains in the royal garb, + the sword of Douglas rendered this honor fatal to many.[*] But while the + armies were contending in this furious manner, the death of Piercy, by an + unknown hand, decided the victory, and the royalists prevailed. There are + said to have fallen that day on both sides near two thousand three hundred + gentlemen; but the persons of greatest distinction were on the king's; the + earl of Stafford, Sir Hugh Shirley, Sir Nicholas Gausel, Sir Hugh + Mortimer, Sir John Massey, Sir John Calverly. About six thousand private + men perished, of whom two thirds were of Piercy's army.[**] The earls of + Worcester and Douglas were taken prisoners: the former was beheaded at + Shrewsbury; the latter was treated with the courtesy due to his rank and + merit. + </p> + <p> + The earl of Northumberland, having recovered from his sickness, had levied + a fresh army, and was on his march to join his son; but being opposed by + the earl of Westmoreland, and hearing of the defeat at Shrewsbury, he + dismissed his forces, and came with a small retinue to the king at + York.[***] He pretended that his sole intention in arming was to mediate + between the parties: Henry thought proper to accept of the apology, and + even granted him a pardon for his offence: all the other rebels were + treated with equal lenity; and, except the earl of Worcester and Sir + Richard Vernon, who were regarded as the chief authors of the + insurrection, no person engaged in this dangerous enterprise seems to have + perished by the hands of the executioner.[****] + </p> +<pre xml:space="preserve"> + * Walsing. p. 366, 367. Hall, fol. 22. + + ** Chron. Otterborne, p. 224. Ypod. Neust. p. 560. + + *** Chron. Otterborne, p. 225. + + **** Rymer, vol. viii. p. 353. +</pre> + <p class="side"> + 1405. + </p> + <p> + But Northumberland, though he had been pardoned, knew that he never should + be trusted, and that he was too powerful to be cordially forgiven by a + prince whose situation gave him such reasonable grounds of jealousy. It + was the effect either of Henry's vigilance or good fortune, or of the + narrow genius of his enemies, that no proper concert was ever formed among + them: they rose in rebellion one after another; and thereby afforded him + an opportunity of suppressing singly those insurrections which, had they + been united, might have proved fatal to his authority. The earl of + Nottingham, son of the duke of Norfolk, and the archbishop of York, + brother to the earl of Wiltshire, whom Henry, then duke of Lancaster, had + beheaded at Bristol, though they had remained quiet while Piercy was in + the field, still harbored in their breast a violent hatred against the + enemy of their families; and they determined, in conjunction with the earl + of Northumberland, to seek revenge against him. They betook themselves to + arms before that powerful nobleman was prepared to join them; and + publishing a manifesto, in which they reproached Henry with his usurpation + of the crown and the murder of the late king, they required that the right + line should be restored, and all public grievances be redressed. The earl + of Westmoreland, whose power lay in the neighborhood, approached them with + an inferior force at Shipton, near York; and being afraid to hazard an + action, he attempted to subdue them by a stratagem, which nothing but the + greatest folly and simplicity on their part could have rendered + successful. He desired a conference with the archbishop and earl between + the armies: he heard their grievances with great patience: he begged them + to propose the remedies: he approved of every expedient which they + suggested: he granted them all their demands: he also engaged that Henry + should give them entire satisfaction: and when he saw them pleased with + the facility of his concessions, he observed to them, that, since amity + was now in effect restored between them, it were better on both sides to + dismiss their forces, which otherwise would prove an insupportable burden + to the country. The archbishop and the earl of Nottingham immediately gave + directions to that purpose: their troops disbanded upon the field: but + Westmoreland, who had secretly issued contrary orders to his army, seized + the two rebels without resistance, and carried them to the king, who was + advancing with hasty marches to suppress the insurrection.[*] + </p> +<pre xml:space="preserve"> + * Walsing. p. 373. Otterborne, p 255. +</pre> + <p> + The trial and punishment of an archbishop might have proved a troublesome + and dangerous undertaking, had Henry proceeded regularly, and allowed time + for an opposition to form itself against that unusual measure: the + celerity of the execution alone could here render it safe and prudent. + Finding that Sir William Gascoigne, the chief justice, made some scruple + of acting on this occasion, he appointed Sir William Fulthorpe for judge; + who, without any indictment, trial, or defence pronounced sentence of + death upon the prelate which was presently executed. This was the first + instance in England of a capital punishment inflicted on a bishop; whence + the clergy of that rank might learn that their crimes, more than those of + laies, were not to pass with impunity. The earl of Nottingham was + condemned and executed in the same summary manner: but though many other + persons of condition, such as Lord Falconberg, Sir Ralph Hastings, Sir + John Colville, were engaged in this rebellion, no others seem to have + fallen victims to Henry's severity. + </p> + <p> + The earl of Northumberland, on receiving this intelligence, fled into + Scotland, together with Lord Bardolf;[*] and the king, without opposition, + reduced all the castles and fortresses belonging to these noblemen. He + thence turned his arms against Glendour, over whom his son, the prince of + Wales, had attained some advantages; but that enemy, more troublesome than + dangerous, still found means of defending himself in his fastnesses, and + of eluding, though not resisting, all the force of England. + </p> + <p class="side"> + 1407. + </p> + <p> + In a subsequent season, the earl of Northumberland and Lord Bardolf, + impatient of their exile, entered the north, in hopes of raising the + people to arms; but found the country in such a posture as rendered all + their attempts unsuccessful. Sir Thomas Rokesby, sheriff of Yorkshire, + levied some forces, attacked the invaders at Bramham, and gained a + victory, in which both Northumberland and Bardolf were slain.** This + prosperous event, joined to the death of Glendour, which happened soon + after, freed Henry from all his domestic enemies; and this prince, who had + mounted the throne by such unjustifiable means, and held it by such an + exceptionable title, had yet, by his valor, prudence, and address, + accustomed the people to the yoke, and had obtained a greater ascendant + over his haughty barons, than the law alone, not supported by these active + qualities, was ever able to confer. + </p> +<pre xml:space="preserve"> + * Walsing. p. 374. + + ** Walsing, p. 377. Chron. Otterb. p. 261. +</pre> + <p> + About the same time, fortune gave Henry an advantage over that neighbor, + who, by his situation, was most enabled to disturb his government. Robert + III., king of Scots, was a prince, though of slender capacity, extremely + innocent and inoffensive in his conduct: but Scotland, at that time, was + still less fitted than England for cherishing, or even enduring sovereigns + of that character. The duke of Albany, Robert's brother, a prince of more + abilities, at least of a more boisterous and violent disposition, had + assumed the government of the state; and, not satisfied with present + authority, he entertained the criminal purpose of extirpating his + brother's children, and of acquiring the crown to his own family. He threw + in prison David, his eldest nephew; who there perished by hunger: James + alone, the younger brother of David, stood between that tyrant and the + throne; and King Robert, sensible of his son's danger, embarked him on + board a ship, with a view of sending him to France, and intrusting him to + the protection of that friendly power. Unfortunately, the vessel was taken + by the English; Prince James, a boy about nine years of age, was carried + to London; and though there subsisted at that time a truce between the + kingdoms, Henry refused to restore the young prince to his liberty. + Robert, worn out with cares and infirmities, was unable to bear the shock + of this last misfortune; and he soon after died, leaving the government in + the hands of the duke of Albany.[*] Henry was now more sensible than ever + of the importance of the acquisition which he had made: while he retained + such a pledge, he was sure of keeping the duke of Albany in dependence; + or, if offended, he could easily, by restoring the true heir, take ample + revenge upon the usurper. But though the king, by detaining James in the + English court, had shown himself somewhat deficient in generosity, he made + ample amends by giving that prince an excellent education, which + afterwards qualified him, when he mounted the throne, to reform in some + measure the rude and barbarous manners of his native country. + </p> +<pre xml:space="preserve"> + * Buchanan, lib. x. +</pre> + <p> + The hostile dispositions which of late had prevailed between France and + England, were restrained, during the greater part of this reign, from + appearing in action. The jealousies and civil commotions with which both + nations were disturbed, kept each of them from taking advantage of the + unhappy situation of its neighbor. But as the abilities and good fortune + of Henry had sooner been able to compose the English factions, this prince + began, in the latter part of his reign, to look abroad, and to foment the + animosities between the families of Burgundy and Orleans, by which the + government of France was, during that period, so much distracted. He knew + that one great source of the national discontent against his predecessor + was the inactivity of his reign; and he hoped, by giving a new direction + to the restless and unquiet spirits of his people, to prevent their + breaking out in domestic wars and disorders. + </p> + <p class="side"> + 1411. + </p> + <p> + That he might unite policy with force, he first entered into treaty with + the duke of Burgundy, and sent that prince a small body of troops, which + supported him against his enemies.[*] Soon after, he hearkened to more + advantageous proposals made him by the duke of Orleans, and despatched a + greater body to support that party. + </p> + <p class="side"> + 1412. + </p> + <p> + But the leaders of the opposite factions having made a temporary + accommodation, the interests of the English were sacrificed; and this + effort of Henry proved, in the issue, entirely vain and fruitless. The + declining state of his health, and the shortness of his reign, prevented + him from renewing the attempt, which his more fortunate son carried to so + great a length against the French monarchy. + </p> + <p> + Such were the military and foreign transactions of this reign: the civil + and parliamentary are somewhat more memorable, and more worthy of our + attention. During the two last reigns, the elections of the commons had + appeared a circumstance of government not to be neglected; and Richard was + even accused of using unwarrantable methods for procuring to his partisans + a seat in that house. This practice formed one considerable article of + charge against him in his deposition; yet Henry scrupled not to tread in + his footsteps, and to encourage the same abuses in elections. Laws were + enacted against such undue influence; and even a sheriff was punished for + an iniquitous return which he had made:[**] but laws were commonly at that + time very ill executed; and the liberties of the people, such as they + were, stood on a surer basis than on laws and parliamentary elections. + </p> +<pre xml:space="preserve"> + * Walsing. p. 380. + + ** Cotton, p. 429. +</pre> + <p> + Though the house of commons was little able to withstand the violent + currents which perpetually ran between the monarchy and the aristocracy, + and though that house might easily be brought, at a particular time, to + make the most unwarrantable concessions to either, the general + institutions of the state still remained invariable; the interests of the + several members continued on the same footing; the sword was in the hands + af the subject; and the government, though thrown into temporary disorder, + soon settled itself on its ancient foundations. + </p> + <p> + During the greater part of this reign, the king was obliged to court + popularity; and the house of commons, sensible of their own importance, + began to assume powers which had not usually been exercised by their + predecessors. In the first year of Henry, they procured a law, that no + judge, in concurring with any iniquitous measure, should be excused by + pleading the orders of the king, or even the danger of his* own life from + the menaces of the sovereign.[*] In the second year, they insisted on + maintaining the practice of not granting any supply before they received + an answer to their petitions, which was a tacit manner of bargaining with + the prince.[**] In the fifth year, they desired the king to remove from + his household four persons who had displeased them, among whom was his own + confessor, and Henry, though he told them that he knew of no offence which + these men had committed, yet, in order to gratify them, complied with + their request.[***] In the sixth year, they voted the king supplies, but + appointed treasurers of their own, to see the money disbursed for the + purposes intended, and required them to deliver in their accounts to the + house.[****] In the eighth year, they proposed, for the regulation of the + government and household, thirty important articles, which were all agreed + to; and they even obliged all the members of council, all the judges, and + all the officers of the household, to swear to the observance of + them.[*****] The abridger of the records remarks the unusual liberties + taken by the speaker and the house during this period.[******] But the + great authority of the commons was but a temporary advantage, arising from + the present situation. In a subsequent parliament, when the speaker made + his customary application to the throne for liberty of speech, the king, + having now overcome all his domestic difficulties, plainly told him that + he would have no novelties introduced, and would enjoy his prerogatives. + But on the whole, the limitations of the government seem to have been more + sensibly felt, and more carefully maintained, by Henry than by any of his + predecessors. + </p> +<pre xml:space="preserve"> + * Cotton, p. 364. + + ** Cotton, p. 406. + + *** Cotton, p. 426. + + **** Cotton, p. 438. + + ****** Cotton, p 462. +</pre> + <p> + During this reign, when the house of commons were at any time brought to + make unwary concessions to the crown they also showed their freedom by a + speedy retractation of them. Henry, though he entertained a perpetual and + well grounded jealousy of the family of Mortimer, allowed not their name + to be once mentioned in parliament; and as none of the rebels had ventured + to declare the earl of Marche king, he never attempted to procure, what + would not have been refused him, an express declaration against the claim + of that nobleman; because he knew that such a declaration, in the present + circumstances, would have no authority, and would only serve to revive the + memory of Mortimer's title in the minds of the people. He proceeded in his + purpose after a more artful and covert manner. He procured a settlement of + the crown on himself and his heirs male,[*] thereby tacitly excluding the + females, and transferring the Salic law into the English government. He + thought that, though the house of Plantagenet had at first derived their + title from a female, this was a remote event, unknown to the generality of + the people; and if he could once accustom them to the practice of + excluding women, the title of the earl of Marche would gradually be + forgotten and neglected by them. But he was very unfortunate in this + attempt. During the long contests with France, the injustice of the Salic + law had been so much exclaimed against by the nation, that a contrary + principle had taken deep root in the minds of men; and it was now become + impossible to eradicate it. The same house of commons, therefore, in a + subsequent session, apprehensive that they had overturned the foundations + of the English government, and that they had opened the door to more civil + wars than might ensue even from the irregular elevation of the house of + Lancaster, applied with such earnestness for a new settlement of the + crown, that Henry yielded to their request, and agreed to the succession + of the princesses of his family;[**] a certain proof that nobody was, in + his heart, satisfied with the king's title to the crown, or knew on what + principle to rest it. + </p> + <p> + But though the commons, during this reign, showed a laudable zeal for + liberty in their transactions with the crown, their efforts against the + church were still more extraordinary, and seemed to anticipate very much + the spirit which became so general in little more than a century + afterwards. I know that the credit of these passages rests entirely on one + ancient historian;[***] but that historian was contemporary, was a + clergyman, and it was contrary to the interests of his order to preserve + the memory of such transactions, much more to forge precedents which + posterity might some time be tempted to imitate. + </p> +<pre xml:space="preserve"> + * Cotton, p. 454. + + ** Rymer, vol. viii. p. 462. + + *** Walsingham. +</pre> + <p> + This is a truth so evident, that the most likely way of accounting for the + silence of the records on this head, is by supposing that the authority of + some churchmen was so great as to procure a razure, with regard to these + circumstances, which the indiscretion of one of that order has happily + preserved to us. + </p> + <p> + In the sixth of Henry, the commons, who had been required to grant + supplies, proposed in plain terms to the king, that he should seize all + the temporalities of the church, and employ them as a perpetual fund to + serve the exigencies of the state. They insisted that the clergy possessed + a third of the lands of the kingdom; that they contributed nothing to the + public burdens; and that their riches tended only to disqualify them from + performing their ministerial functions with proper zeal and attention. + When this address was presented, the archbishop of Canterbury, who then + attended the king, objected that the clergy, though they went not in + person to the wars, sent their vassals and tenants in all cases of + necessity; while at the same time they themselves, who staid at home, were + employed night and day in offering up their prayers for the happiness and + prosperity of the state. The speaker smiled, and answered without reserve, + that he thought the prayers of the church but a very slender supply. The + archbishop, however, prevailed in the dispute; the king discouraged the + application of the commons; and the lords rejected the bill which the + lower house had framed for stripping the church of her revenues.[*] + </p> +<pre xml:space="preserve"> + * Walsing. p. 371. Ypod. Neust. p. 563. +</pre> + <p> + The commons were not discouraged by this repulse: in the eleventh of the + king, they returned to the charge with more zeal than before: they made a + calculation of all the ecclesiastical revenues, which, by their account, + amounted to four hundred and eighty-five thousand marks a year, and + contained eighteen thousand four hundred ploughs of land. They proposed to + divide this property among fifteen new earls, one thousand five hundred + knights, six thousand esquires, and a hundred hospitals, besides twenty + thousand pounds a year, which the king might take for his own use; and + they insisted, that the clerical functions would be better performed than + at present by fifteen thousand parish priests, paid at the rate of seven + marks apiece of yearly stipend.[*] This application was accompanied with + an address for mitigating the statutes enacted against the Lollards, which + shows from what source the address came. The king gave the commons a + severe reply and further to satisfy the church, and to prove that he was + quite in earnest, he ordered a Lollard to be burned before the dissolution + of the parliament.[**] + </p> +<pre xml:space="preserve"> + * Walsing. p. 379. Tit. Livius. + + ** Rymer, vol. viii. p. 627. Otterborne> p. 267. +</pre> + <p class="side"> + 1413. + </p> + <p> + We have now related almost all the memorable transactions of this reign, + which was busy and active, but produced few events that deserve to be + transmitted to posterity. The king was so much employed in defending his + crown, which he had obtained by unwarrantable means, and possessed by a + bad title, that he had little leisure to look abroad, or perform any + action which might redound to the honor and advantage of the nation. His + health declined some months before his death; he was subject to fits, + which bereaved him, for the time, of his senses; and though he was yet in + the flower of his age, his end was visibly approaching. He expired at + Westminster, in the forty-sixth year of his age, and the thirteenth of his + reign. + </p> + <p> + The great popularity which Henry enjoyed before he attained the crown, and + which had so much aided him in the acquisition of it, was entirely lost + many years before the end of his reign; and he governed his people more by + terror than by affection, more by his own policy than by their sense of + duty or allegiance. When men came to reflect, in cool blood, on the crimes + which had led him to the throne; the rebellion against his prince; the + deposition of a lawful king, guilty sometimes, perhaps, of oppression, but + more frequently of indiscretion; the exclusion of the true heir; the + murder of his sovereign and near relation; these were such enormities as + drew on him the hatred of his subjects, sanctified all the rebellions + against him, and made the executions, though not remarkably severe, which + he found necessary for the maintenance of his authority, appear cruel as + well as iniquitous to the people. Yet, without pretending to apologize for + these crimes, which must ever be held in detestation, it may be remarked, + that he was insensibly led into this blamable conduct by a train of + incidents which few men possess virtue enough to withstand. The injustice + with which his predecessor had treated him, in first condemning him to + banishment, then despoiling him of his patrimony, made him naturally think + of revenge, and of recovering his lost rights; the headlong zeal of the + people hurried him into the throne; the care of his own security, as well + as his ambition, made him a usurper; and the steps have always been so few + between the prisons of princes and their graves, that we need not wonder + that Richard's fate was no exception to the general rule. All these + considerations make Henry's situation, if he retained any sense of virtue, + much to be lamented; and the inquietude with which he possessed his envied + greatness, and the remorses by which, it is said, he was continually + haunted, render him an object of our pity, even when seated upon the + throne. But it must be owned, that his prudence, and vigilance, and + foresight, in maintaining his power, were admirable; his command of temper + remarkable; his courage, both military and political, without blemish; and + he possessed many qualities which fitted him for his high station, and + which rendered his usurpation of it, though pernicious in after times, + rather salutary, during his own reign, to the English nation. + </p> + <p> + Henry was twice married: by his first wife, Mary deBohun, daughter and + coheir of the earl of Hereford, he had four sons, Henry, his successor in + the throne, Thomas, duke of Clarence, John, duke of Bedford, and Humphrey, + duke of Glocester: and two daughters, Blanche and Philippa; the former + married to the duke of Bavaria, the latter to the king of Denmark. His + second wife, Jane, whom he married after he was king, and who was daughter + of the king of Navarre, and widow of the duke of Brittany, brought him no + issue. + </p> + <p> + By an act of the fifth of this reign, it is made felony to cut out any + person's tongue, or put out his eyes; crimes which, the act says, were + very frequent. This savage spirit of revenge denotes a barbarous people; + though, perhaps, it was increased by the prevailing factions and civil + commotions. + </p> + <p> + Commerce was very little understood in this reign, as in all the + preceding. In particular, a great jealousy prevailed against merchant + strangers; and many restraints were by law imposed upon them; namely, that + they should lay out in English manufactures or commodities all the money + acquired by the sale of their goods; that they should not buy or sell with + one another; and that all their goods should be disposed of three months + after importation.[*] + </p> +<pre xml:space="preserve"> + * 4 Henry IV. cap. 15, and 5 Henry IV. cap. 9. +</pre> + <p> + This last clause was found so inconvenient, that it was soon after + repealed by parliament. + </p> + <p> + It appears that the expense of this king's household amounted to the + yearly sum of nineteen thousand five hundred pounds, money of that age.[*] + </p> +<pre xml:space="preserve"> + * Rymer, tom. viii. p. 610. +</pre> + <p> + Guicciardin tells us, that the Flemings in this century learned from Italy + all the refinements in arts, which they taught the rest of Europe. The + progress, however, of the arts was still very slow and backward in + England. + </p> + <p> + <a name="link2HCH0008" id="link2HCH0008"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XIX. + </h2> + <p> + <a name="linkimage-0011" id="linkimage-0011"> + <!-- IMG --></a> <a href="images/1_256_henry5.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_256_henry5_th.jpg" title="Henry V." + alt="1_256_henry5.jpg Henry V. " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0016" id="link2H_4_0016"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + HENRY V. + </h2> + <p class="side"> + 1413. + </p> + <p> + THE many jealousies to which Henry IV.'s situation naturally exposed him, + had so infected his temper, that he had entertained unreasonable + suspicions with regard to the fidelity of his eldest son; and during the + latter years of his life, he had excluded that prince from all share in + public business, and was even displeased to see him at the head of armies, + where his martial talents, though useful to the support of government, + acquired him a renown, which he thought might prove dangerous to his own + authority. The active spirit of young Henry, restrained from its proper + exercise, broke out into extravagances of every kind; and the riot of + pleasure, the frolic of debauchery, the outrage of wine, filled the + vacancies of a mind better adapted to the pursuits of ambition and the + cares of government. This course of life threw him among companions, whose + disorders, if accompanied with spirit and humor, he indulged and seconded; + and he was detected in many sallies, which, to severer eyes, appeared + totally unworthy of his rank and station. There even remains a tradition + that, when heated with liquor and jollity, he scrupled not to accompany + his riotous associates in attacking the passengers on the streets and + highways, and despoiling them of their goods; and he found an amusement in + the incidents which the terror and regret of these defenceless people + produced on such occasions. This extreme of dissoluteness proved equally + disagreeable to his father, as that eager application to business which + had at first given him occasion of jealousy; and he saw in his son's + behavior the same neglect of decency, the same attachment to low company, + which had degraded the personal character of Richard, and which, more than + all his errors in government, had tended to overturn his throne. But the + nation in general considered the young prince with more indulgence; and + observed so many gleams of generosity, spirit, and magnanimity, breaking + continually through the cloud which a wild conduct threw over his + character, that they never ceased hoping for his amendment; and they + ascribed all the weeds, which shot up in that rich soil, to the want of + proper culture and attention in the king and his ministers. There happened + an incident which encouraged these agreeable views, and gave much occasion + for favorable reflections to all men of sense and candor. A riotous + companion of the prince's had been indicted before Gascoigne, the chief + justice, for some disorders; and Henry was not ashamed to appear at the + bar with the criminal, in order to give him countenance and protection. + Finding that his presence had not overawed the chief justice, he proceeded + to insult that magistrate on his tribunal; but Gascoigne, mindful of the + character which he then bore, and the majesty of the sovereign and of the + laws which he sustained, ordered the prince to be carried to prison for + his rude behavior.[*] The spectators were agreeably disappointed, when + they saw the heir of the crown submit peaceably to this sentence, make + reparation for his error by acknowledging it, and check his impetuous + nature in the midst of its extravagant career. + </p> + <p> + The memory of this incident, and of many others of a like nature, rendered + the prospect of the future reign nowise disagreeable to the nation, and + increased the joy which the death of so unpopular a prince as the late + king naturally occasioned. The first steps taken by the young prince + confirmed all those prepossessions entertained in his favor.[**] He called + together his former companions, acquainted them with his intended + reformation, exhorted them to imitate his example, but strictly inhibited + them, till they had given proofs of their sincerity in this particular, + from appearing any more in his presence; and he thus dismissed them with + liberal presents.[***] + </p> +<pre xml:space="preserve"> + * Hall, fol, 33. + + ** Walsing, p. 382. + + *** Hall, fol. 33. Holingshed, p. 543. Godwin's Life of + Henry V, p. 1 +</pre> + <p> + The wise ministers of his father, who had checked his riots, found that + they had unknowingly been paying the highest court to him; and were + received with all the marks of favor and confidence. The chief justice + himself, who trembled to approach the royal presence, met with praises + instead of reproaches for his past conduct, and was exhorted to persevere + in the same rigorous and impartial execution of the laws. The surprise of + those who expected an opposite behavior, augmented their satisfaction; and + the character of the young king appeared brighter than if it had never + been shaded by any errors. + </p> + <p> + But Henry was anxious not only to repair his own misconduct, but also to + make amends for those iniquities into which policy or the necessity of + affairs had betrayed his father. He expressed the deepest sorrow for the + fate of the unhappy Richard, did justice to the memory of that unfortunate + prince, even performed his funeral obsequies with pomp and solemnity, and + cherished all those who had distinguished themselves by their loyalty and + attachment towards him.[*] Instead of continuing the restraints which the + jealousy of his father had imposed on the earl of Marche, he received that + young nobleman with singular courtesy and favor; and by this magnanimity + so gained on the gentle and unambitious nature of his competitor, that he + remained ever after sincerely attached to him, and gave him no disturbance + in his future government. The family of Piercy was restored to its fortune + and honors.[**] The king seemed ambitious to bury all party distinctions + in oblivion: the instruments of the preceding reign, who had been advanced + from their blind zeal for the Lancastrian interests, more than from their + merits, gave place every where to men of more honorable characters; virtue + seemed now to have an open career, in which it might exert itself: the + exhortations, as well as example of the prince, gave it encouragement: all + men were unanimous in their attachment to Henry; and the defects of his + title were forgotten, amidst the personal regard which was universally + paid to him. + </p> + <p> + There remained among the people only one party distinction, which was + derived from religious differences, and which, as it is of a peculiar and + commonly a very obstinate nature, the popularity of Henry was not able to + overcome. The Lollards were every day increasing in the kingdom, and were + become a formed party, which appeared extremely dangerous to the church, + and even formidable to the civil authority.[***] The enthusiasm by which + these sectaries were generally actuated the great alterations which they + pretended to introduce, the hatred which they expressed against the + established hierarchy, gave an alarm to Henry; who, either from a sincere + attachment to the ancient religion, or from a dread of the unknown + consequences which attend all important changes, was determined to execute + the laws against such bold innovators. + </p> +<pre xml:space="preserve"> + * Hist. Croyland. Contin. Hall, fol. 34. Holing, p. 544. + + ** Holing, p. 545. + + *** Walsing. p. 382. +</pre> + <p> + The head of this sect was Sir John Oldcastle, Lord Cobham, a nobleman who + had distinguished himself by his valor and his military talents, and had, + on many occasions, acquired the esteem both of the late and of the present + king.[*] His high character and his zeal for the new sect pointed him out + to Arundel, archbishop of Canterbury, as the proper victim of + ecclesiastical severity, whose punishment would strike a terror into the + whole party, and teach them that they must expect no mercy under the + present administration. He applied to Henry for a permission to indict + Lord Cobham;[**] but the generous nature of the prince was averse to such + sanguinary methods of conversion. He represented to the primate, that + reason and conviction were the best expedients for supporting truth; that + all gentle means ought first to be tried, in order to reclaim men from + error; and that he himself would endeavor, by a conversation with Cobham, + to reconcile him to the Catholic faith. But he found that nobleman + obstinate in his opinions, and determined not to sacrifice truths of such + infinite moment to his complaisance for sovereigns.[***] + </p> +<pre xml:space="preserve"> + * Walsing. p 382. + + ** Fox's Acts and Monuments, p. 513. + + *** Rymer, vol ix. p. 61. Walsing. p. 383. +</pre> + <p> + Henry's principles of toleration, or rather his love of the practice, + could carry him no farther; and he then gave full reins to ecclesiastical + severity against the inflexible heresiarch. The primate indicted Cobham, + and with the assistance of his three suffragans, the bishops of London, + Winchester, and St. David's, condemned him to the flames for his erroneous + opinions. Cobham, who was confined in the Tower, made his escape before + the day appointed for his execution. The bold spirit of the man, provoked + by persecution and stimulated by zeal, was urged to attempt the most + criminal enterprises; and his unlimited authority over the new sect proved + that he well merited the attention of the civil magistrate. He formed in + his retreat very violent designs against his enemies; and despatching his + emissaries to all quarters, appointed a general rendezvous of the party, + in order to seize the person of the king at Eltham, and put their + persecutors to the sword.[*] + </p> + <p class="side"> + 1414. + </p> + <p> + Henry, apprised of their intention, removed to Westminster: Cobham was not + discouraged by this disappointment; but changed the place of rendezvous to + the field near St. Giles; the king, having shut the gates of the city, to + prevent any reënforcement to the Lollards from that quarter, came into the + field in the night-time, seized such of the conspirators as appeared, and + afterwards laid hold of the several parties who were hastening to the + place appointed. It appeared, that a few only were in the secret of the + conspiracy; the rest implicitly followed their leaders: but upon the trial + of the prisoners, the treasonable designs of the sect were rendered + certain, both from evidence and from the confession of the criminals + themselves.[**] Some were executed; the greater number pardoned.[***] + Cobham himself, who made his escape by flight, was not brought to justice + till four years after; when he was hanged as a traitor; and his body was + burnt on the gibbet, in execution of the sentence pronounced against him + as a heretic.[****] This criminal design, which was perhaps somewhat + aggravated by the clergy, brought discredit upon the party, and checked + the progress of that sect, which had embraced the speculative doctrines of + Wickliffe, and at the same time aspired to a reformation of ecclesiastical + abuses. + </p> +<pre xml:space="preserve"> + * Walsing. p. 385. + + ** Cotton, p. 554. Hall, fol. 35. Holing, p. 544. + + *** Rymer, vol. ix. p. 119, 129, 193. + + **** Walsing. p. 400. Otterborne, p. 280. Holing, p. 561. +</pre> + <p> + These two points were the great objects of the Lollards; but the bulk of + the nation was not affected in the same degree by both of them. Common + sense and obvious reflection had discovered to the people the advantages + of a reformation in discipline; but the age was not yet so far advanced as + to be seized with the spirit of controversy, or to enter into those + abstruse doctrines which the Lollards endeavored to propagate throughout + the kingdom. The very notion of heresy alarmed the generality of the + people: innovation in fundamental principles was suspicious: curiosity was + not, as yet, a sufficient counterpoise to authority; and even many, who + were the greatest friends to the reformation of abuses, were anxious to + express their detestation of the speculative tenants of the Wickliffites, + which, they feared, threw disgrace on so good a cause. This turn of + thought appears evidently in the proceedings of the parliament which was + summoned immediately after the detection of Cobham's conspiracy. That + assembly passed severe laws against the new heretics: they enacted, that + whoever was convicted of Lollardy before the ordinary besides suffering + capital punishment according to the laws formerly established, should also + forfeit his lands and goods to the king; and that the chancellor, + treasurer, justices of the two benches, sheriffs, justices of the peace, + and all the chief magistrates in every city and borough, should take an + oath to use their utmost endeavors for the extirpation of heresy.[*] Yet + this very parliament, when the king demanded supply, renewed the offer + formerly pressed upon his father, and entreated him to seize all the + ecclesiastical revenues, and convert them to the use of the crown.[**] The + clergy were alarmed: they could offer the king no bribe which was + equivalent: they only agreed to confer on him all the priories alien, + which depended on capital abbeys in Normandy, and had been bequeathed to + these abbeys, when that province remained united to England: and + Chicheley, now archbishop of Canterbury, endeavored to divert the blow by + giving occupation to the king, and by persuading him to undertake a war + against France, in order to recover his lost rights to that kingdom.[***] + </p> +<pre xml:space="preserve"> + * 2 Henry V. chap. 7. + + ** Hall, fol. 35. + + *** Hall, fol. 35. 36. +</pre> + <p> + It was the dying injunction of the late king to his son, not to allow the + English to remain long in peace, which was apt to breed intestine + commotions; but to employ them in foreign expeditions, by which the prince + might acquire honor; the nobility, in sharing his dangers, might attach + themselves to his person; and all the restless spirits find occupation for + their inquietude. The natural disposition of Henry sufficiently inclined + him to follow this advice, and the civil disorders of France, which had + been prolonged beyond those of England, opened a full career to his + ambition. + </p> + <p class="side"> + 1415. + </p> + <p> + The death of Charles V., which followed soon after that of Edward III., + and the youth of his son, Charles VI., put the two kingdoms for some time + in a similar situation; and it was not to be apprehended, that either of + them, during a minority, would be able to make much advantage of the + weakness of the other. The jealousies also between Charles's three uncles, + the dukes of Anjou, Bern, and Burgundy, had distracted the affairs of + France rather more than those between the dukes of Lancaster, York, and + Gloucester. Richard's three uncles, disordered those of England; and had + carried off the attention of the French nation from any vigorous + enterprise against foreign states. But in proportion as Charles advanced + in years, the factions were composed; his two uncles, the dukes of Anjou + and Burgundy, died; and the king himself, assuming the reins of + government, discovered symptoms of genius and spirit, which revived the + drooping hopes of his country. This promising state of affairs was not of + long duration: the unhappy prince fell suddenly into a fit of frenzy, + which rendered him incapable of exercising his authority; and though he + recovered from this disorder, he was so subject to relapses, that his + judgment was gradually but sensibly impaired, and no steady plan of + government could be pursued by him. The administration of affairs was + disputed between his brother, Lewis, duke of Orleans, and his + cousin-german, John, duke of Burgundy: the propinquity to the crown + pleaded in favor of the former: the latter, who, in right of his mother, + had inherited the county of Flanders, which he annexed to his father's + extensive dominions, derived a lustre from his superior power: the people + were divided between these contending princes; and the king, now resuming, + now dropping his authority, kept the victory undecided, and prevented any + regular settlement of the state by the final prevalence of either party. + </p> + <p> + At length, the dukes of Orleans and Burgundy, seeming to be moved by the + cries of the nation, and by the interposition of common friends, agreed to + bury all past quarrels in oblivion, and to enter into strict amity: they + swore before the altar the sincerity of their friendship; the priest + administered the sacrament to both of them; they gave to each other every + pledge which could be deemed sacred among men: but all this solemn + preparation was only a cover for the basest treachery, which was + deliberately premeditated by the duke of Burgundy. He procured his rival + to be assassinated in the streets of Paris: he endeavored for some time to + conceal the part which he took in the crime; but being detected, he + embraced a resolution still more criminal and more dangerous to society, + by openly avowing and justifying it.[*] + </p> +<pre xml:space="preserve"> + * Le Laboureur, liv. xxvii. chap. 23, 24. +</pre> + <p> + The parliament itself of Paris, the tribunal of justice, heard the + harangues of the duke's advocate in defence of assassination, which he + termed tyrannicide; and that assembly, partly influenced by faction, + partly overawed by power, pronounced no sentence of condemnation against + this detestable doctrine.[*] + </p> +<pre xml:space="preserve"> + * Le Laboureur, liv. xxvii. chap. 27. Monstrelet. chap. 39. +</pre> + <p> + The same question was afterwards agitated before the council of Constance; + and it was with difficulty that a feeble decision in favor of the contrary + opinion, was procured from these fathers of the church, the ministers of + peace and of religion. But the mischievous effects of that tenet, had they + been before anywise doubtful, appeared sufficiently from the present + incidents. The commission of this crime, which destroyed all trust and + security, rendered the war implacable between the French parties, and cut + off every means of peace and accommodation. The princes of the blood, + combining with the young duke of Orleans and his brothers, made violent + war on the duke of Burgundy; and the unhappy king, seized sometimes by one + party, sometimes by the other, transferred alternately to each of them the + appearance of legal authority. The provinces were laid waste by mutual + depredations: assassinations were every where committed, from the + animosity of the several leaders; or, what was equally terrible, + executions were ordered, without any legal or free trial, by pretended + courts of judicature. The whole kingdom was distinguished into two + parties, the Burgundians and the Armagnacs; so the adherents of the young + duke of Orleans were called, from the count of Armagnac, father-in-law to + that prince. The city of Paris, distracted between them, but inclining + more to the Burgundians, was a perpetual scene of blood and violence; the + king and royal family were often detained captives in the hands of the + populace; their faithful ministers were butchered or imprisoned before + their face; and it was dangerous for any man, amidst these enraged + factions, to be distinguished by a strict adherence to the principles of + probity and honor. + </p> + <p> + During this scene of general violence, there rose into some consideration + a body of men, which usually makes no figure in public transactions, even + during the most peaceful times; and that was the university of Paris, + whose opinion was sometimes demanded, and more frequently offered, in the + multiplied disputes between the parties. The schism by which the church + was at that time divided, and which occasioned frequent controversies in + the university, had raised the professors to an unusual degree of + importance; and this connection between literature and superstition had + bestowed on the former a weight to which reason and knowledge are not of + themselves anywise entitled among men. But there was another society, + whose sentiments were much more decisive, at Paris,—the fraternity + of butchers, who, under the direction of their ringleaders, had declared + for the duke of Burgundy, and committed the most violent outrages against + the opposite party. To counterbalance their power, the Armagnacs made + interest with the fraternity of carpenters; the populace ranged themselves + on one side or the other; and the fate of the capital depended on the + prevalence of either party. + </p> + <p> + The advantage which might be made of these confusions was easily perceived + in England; and, according to the maxims which usually prevail among + nations, it was determined to lay hold of the favorable opportunity. The + late king, who was courted by both the French parties, fomented the + quarrel, by alternately sending assistance to each; but the present + sovereign, impelled by the vigor of youth and the ardor of ambition, + determined to push his advantages to a greater length, and to carry + violent war into that distracted kingdom. But while he was making + preparations for this end, he tried to effect his purpose by negotiation; + and he sent over ambassadors to Paris, offering a perpetual peace and + alliance; but demanding Catharine, the French king's daughter, in + marriage, two millions of crowns as her portion, one million six hundred + thousand as the arrears of King John's ransom, and the immediate + possession and full sovereignty of Normandy, and of all the other + provinces which had been ravished from England by the arms of Philip + Augustus; together with the superiority of Brittany and Flanders.[*] Such + exorbitant demands show that he was sensible of the present miserable + condition of France; and the terms offered by the French court, though + much inferior, discover their consciousness of the same melancholy truth. + They were willing to give him the princess in marriage, to pay him eight + hundred thousand crowns, to resign the entire sovereignty of Guienne, and + to annex to that province the country of Perigord, Rovergue Xaintonge, the + Angoumois, and other territories.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ix. p. 208. + + ** Rymer, vol. ix. p. 211. +</pre> + <p> + It is reported by some historians, (see Hist. Croyl. Cont. p. 500,) that + the dauphin, in derision of Henry's claims and dissolute character, sent + him a box of tennis balls; intimating, that these implements of play were + better adapted to him than the instruments of war. But this story is by no + means credible; rejected these conditions, and scarcely hoped that his own + demands would be complied with, he never intermitted a moment his + preparations for war; and having assembled a great fleet and army at + Southampton, having invited all the nobility and military men of the + kingdom to attend him by the hopes of glory and of conquest, he came to + the sea-side with a purpose of embarking on his expedition. + </p> + <p> + But while Henry was meditating conquests upon his neighbors, he + unexpectedly found himself in danger from a conspiracy at home, which was + happily detected in its infancy. The earl of Cambridge, second son of the + late duke of York, having espoused the sister of the earl of Marche, had + zealously embraced the interests of that family; and had held some + conferences with Lord Scrope of Masham, and Sir Thomas Grey of Heton, + about the means of recovering to that nobleman his right to the crown of + England. The conspirators, as soon as detected, acknowledged their guilt + to the king; [*] and Henry proceeded without delay to their trial and + condemnation. The utmost that could be expected of the best king in those + ages, was, that he would so far observe the essentials of justice, as not + to make an innocent person a victim to his severity; but as to the + formalities of law, which are often as material as the essentials + themselves, they were sacrificed without scruple to the least interest or + convenience. A jury of commoners was summoned: the three conspirators were + indicted before them: the constable of Southampton Castle swore that they + had separately confessed their guilt to him: without other evidence, Sir + Thomas Grey was condemned and executed; but as the earl of Cambridge and + Lord Scrope pleaded the privilege of their peerage, Henry thought proper + to summon a court of eighteen barons, in which the duke of Clarence + presided: the evidence given before the jury was read to them: the + prisoners, though one of them was a prince of the blood, were not + examined, nor produced in court, nor heard in their own defence; but + received sentence of death upon this proof, which was every way irregular + and unsatisfactory; and the sentence was soon after executed. The earl of + Marche was accused of having given his approbation to the conspiracy, and + received a general pardon from the great offers made by the court of + France show that they had already entertained a just idea of Henry's + character, as well as of their own situation. + </p> + <p> + The successes which the arms of England have, in different ages, obtained + over those of France, have been much owing to the favorable situation of + the former kingdom. The English, happily seated in an island, could make + advantage of every misfortune which attended their neighbors, and were + little exposed to the danger of reprisals. They never left their own + country but when they were conducted by a king of extraordinary genius, or + found their enemy divided by intestine factions, or were supported by a + powerful alliance on the continent; and as all these circumstances + concurred at present to favor their enterprise, they had reason to expect + from it proportionable success. The duke of Burgundy, expelled France by a + combination of the princes, had been secretly soliciting the alliance of + England; [**] and Henry knew that this prince, though he scrupled at first + to join the inveterate enemy of his country, would willingly, if he saw + any probability of success, both assist him with his Flemish subjects, and + draw over to the same side all his numerous partisans in France. Trusting, + therefore, to this circumstance, but without establishing any concert with + the duke, he put to sea, and landed near Harfleur, at the head of an army + of six thousand men at arms, and twenty-four thousand foot, mostly + archers. He immediately began the siege of that place, which was valiantly + defended by D'Estouteville, and under him by De Guitri, De Gaucourt, and + others of the French nobility; but as the garrison was weak, and the + fortifications in bad repair, the governor was at last obliged to + capitulate; and he promised to surrender the place, if he received no + succor before the eighteenth of September. The day came, and there was no + appearance of a French army to relieve him. Henry, taking possession of + the town, placed a garrison in it, and expelled all the French + inhabitants, with an intention of peopling it anew with English. + </p> +<pre xml:space="preserve"> + * Rymer, vol. ix. p. 303. + + ** St. Remi, chap. lv. Godwin, p. 65 +</pre> + <p> + The fatigues of this siege, and the unusual heat of the season, had so + wasted the English army, that Henry could enter on no further enterprise; + and was obliged to think of returning into England. He had dismissed his + transports, which could not anchor in an open road upon the enemy's + coasts; and he lay under a necessity of marching by land to Calais, before + he could reach a place of safety. A numerous French army of fourteen + thousand men at arms and forty thousand foot, was by this time assembled + in Normandy under the constable D'Albret; a force which, if prudently + conducted, was sufficient either to trample down the English in the open + field, or to harass and reduce to nothing their small army, before they + could finish so long and difficult a march. Henry, therefore, cautiously + offered to sacrifice his conquest of Harfleur for a safe passage to + Calais; but his proposal being rejected, he determined to make his way by + valor and conduct through all the opposition of the enemy.[*] That he + might not discourage his army by the appearance of flight, or expose them + to those hazards which naturally attend precipitate marches, he made slow + and deliberate journeys,[*] till he reached the Somme, which he purposed + to pass at the ford of Blanquetague, the same place where Edward, in a + like situation, had before escaped from Philip de Valois. But he found the + ford rendered impassable by the precaution of the French general, and + guarded by a strong body on the opposite bank;[*] and he was obliged to + march higher up the river, in order to seek for a safe passage. He was + continually harassed on his march by flying parties of the enemy; saw + bodies of troops on the other side ready to oppose every attempt; his + provisions were cut off; his soldiers languished with sickness and + fatigue; and his affairs seemed to be reduced to a desperate situation; + when he was so dexterous or so fortunate as to seize, by surprise, a + passage near St. Quintin, which had not been sufficiently guarded; and he + safely carried over his army.[**] + </p> +<pre xml:space="preserve"> + * Le Laboureur, liv. xxxv. chap. 6. * T. Livii, p. 12 + + ** St. Remi, chap, 58. * T. Livii, p. 13 +</pre> + <p> + Henry then bent his march northwards to Calais; but he was still exposed + to great and imminent danger from the enemy, who had also passed the + Somme, and threw themselves full in his way, with a purpose of + intercepting his retreat. After he had passed the small river of Ternois + at Blangi, he was surprised to observe from the heights the whole French + army drawn up in the plains of Azincour, and so posted that it was + impossible for him to proceed on his march without coming to an + engagement. Nothing in appearance could be more unequal than the battle + upon which his safety and all his fortunes now depended. The English army + was little, more than half the number which had disembarked at Harfleur; + and they labored under every discouragement and necessity. The enemy was + four times more numerous; was headed by the dauphin and all the princes of + the blood; and was plentifully supplied with provisions of every kind. + Henry's situation was exactly similar to that of Edward at Crecy, and that + of the Black Prince at Poietiers; and the memory of these great events, + inspiring the English with courage, made them hope for a like deliverance + from their present difficulties. The king likewise observed the same + prudent conduct which had been followed by these great commanders: he drew + up his army on a narrow ground between two woods, which guarded each + flank; and he patiently expected in that posture the attack of the + enemy.[*] Had the French constable been able either to reason justly upon + the present circumstances of the two armies, or to profit by past + experience, he had declined a combat, and had waited till necessity, + obliging the English to advance, had made them relinquish the advantages + of their situation. But the impetuous valor of the nobility, and a vain + confidence in superior numbers, brought on this fatal action, which proved + the source of infinite calamities to their country. The French archers on + horseback and their men at arms, crowded in their ranks, advanced upon the + English archers, who had fixed palisadoes in their front to break the + impression of the enemy, and who safely plied them, from behind that + defence, with a shower of arrows, which nothing could resist.[**] + </p> +<pre xml:space="preserve"> + * St. Remi, chap. 62. + + ** Walsing. p. 392. T. Livii, p. 19. Le Laboureur, liv. xxxv + chap, 7. Monstrelet, chap. 147. +</pre> + <p> + The clay soil, moistened by some rain which had lately fallen, proved + another obstacle to the force of the French cavalry: the wounded men and + horses discomposed their ranks: the narrow compass in which they were pent + hindered them from recovering any order: the whole army was a scene of + confusion, terror, and dismay: and Henry, perceiving his advantage, + ordered the English archers, who were light and unencumbered, to advance + upon the enemy, and seize the moment of victory. They fell with their + battle-axes upon the French, who, in their present posture, were incapable + either of flying or of making defence: they hewed them in pieces without + resistance:[*] and being seconded by the men at arms who also pushed on + against the enemy, they covered the field with the killed, wounded, + dismounted, and overthrown. + </p> +<pre xml:space="preserve"> + * Walsing. p. 393. Ypod. Neust. p. 584. +</pre> + <p> + After all appearance of opposition was over, the English had leisure to + make prisoners; and having advanced with uninterrupted success to the open + plain, they there saw the remains of the French rear guard, which still + maintained the appearance of a line of battle. At the same time, they + heard an alarm from behind: some gentlemen of Picardy, having collected + about six hundred peasants, had fallen upon the English baggage, and were + doing execution on the unarmed followers of the camp, who fled before + them, Henry, seeing the enemy on all sides of him, began to entertain + apprehensions from his prisoners; and he thought it necessary to issue + general orders for putting them to death: but on discovering the truth, he + stopped the slaughter, and was still able to save a great number. + </p> + <p> + No battle was ever more fatal to France, by the number of princes and + nobility slain or taken prisoners. Among the former were the constable + himself, the count of Nevers and the duke of Brabant, brothers to the duke + of Burgundy; the count of Vaudemont, brother to the duke of Lorraine, the + duke of Alençon, the duke of Barre, the count of Marle. The most eminent + prisoners were the dukes of Orleans and Bourbon, the Counts d'Eu, Vendôme, + and Richemont, and the mareschal of Boucicaut. An archbishop of Sens also + was slain in this battle. The killed are computed on the whole to have + amounted to ten thousand men; and as the slaughter fell chiefly upon the + cavalry, it is pretended that, of these, eight thousand were gentlemen. + Henry was master of fourteen thousand prisoners. The person of chief note + who fell among the English, was the duke of York, who perished fighting by + the king's side, and had an end more honorable than his life. He was + succeeded in his honors and fortune by his nephew, son of the earl of + Cambridge, executed in the beginning of the year. All the English who were + slain exceeded not forty; though some writers, with greater probability, + make the number more considerable. + </p> + <p> + The three great battles of Crecy, Poictiers, and Azincour bear a singular + resemblance to each other in their most considerable circumstances. In all + of them there appears the same temerity in the English princes, who, + without any object of moment, merely for the sake of plunder, had ventured + so far into the enemy's country as to leave themselves no retreat; and + unless saved by the utmost imprudence in the French commanders, were, from + their very situation, exposed to inevitable destruction. But allowance + being made for this temerity, which, according to the irregular plans of + war followed in those ages, seems to have been, in some measure, + unavoidable there appears, in the day of action, the same presence of + mind, dexterity, courage, firmness, and precaution on the part of the + English; the same precipitation, confusion, and vain confidence on the + part of the French: and the events were such as might have been expected + from such opposite conduct. The immediate consequences too of these three + great victories were similar: instead of pushing the French with vigor, + and taking advantage of their consternation, the English princes, after + their victory, seem rather to have relaxed their efforts, and to have + allowed the enemy leisure to recover from his losses. Henry interrupted + not his march a moment after the battle of Azincour; he carried his + prisoners to Calais, thence to England; he even concluded a truce with the + enemy; and it was not till after an interval of two years that any body of + English troops appeared in France. + </p> + <p> + The poverty of all the European princes, and the small resources of their + kingdoms, were the cause of these continual interruptions in their + hostilities; and though the maxims of war were in general destructive, + their military operations were mere incursions, which, without any settled + plan, they carried on against each other. The lustre, however, attending + the victory of Azincour, procured some supplies from the English + parliament; though still unequal to the expenses of a campaign. They + granted Henry an entire fifteenth of movables; and they conferred on him + for life the duties of tonnage and poundage, and the subsidies on the + exportation of wool and leather. This concession is more considerable than + that which had been granted to Richard II. by his last parliament and + which was afterwards, on his deposition, made so great an article of + charge against him. + </p> + <p> + But during this interruption of hostilities from England, France was + exposed to all the furies of civil war, and the several parties became + every day more enraged against each other. The duke of Burgundy, confident + that the French ministers and generals were entirely discredited by the + misfortune at Azincour, advanced with a great army to Paris, and attempted + to reinstate himself in possession of the government, as well as of the + person of the king. But his partisans in that city were overawed by the + court, and kept in subjection: the duke despaired of success; and he + retired with his forces, which he immediately disbanded in the Low + Countries.[*] + </p> + <p class="side"> + 1417. + </p> + <p> + He was soon after invited to make a new attempt, by some violent quarrels + which broke out in the royal family. The queen, Isabella, daughter of the + duke of Bavaria, who had been hitherto an inveterate enemy to the + Burgundian faction, had received a great injury from the other party, + which the implacable spirit of that princess was never able to forgive. + The public necessities obliged the count of Armagnac, created constable of + France in the place of D'Albret, to seize the great treasures which + Isabella had amassed: and when she expressed her displeasure at this + injury, he inspired into the weak mind of the king some jealousies + concerning her conduct, and pushed him to seize, and put to the torture, + and afterwards throw into the Seine, Boisbourdon, her favorite, whom he + accused of a commerce of gallantry with that princess. The queen herself + was sent to Tours, and confined under a guard;[**] and after suffering + these multiplied insults, she no longer scrupled to enter into a + correspondence with the duke of Burgundy. As her son, the dauphin Charles, + a youth of sixteen, was entirely governed by the faction of Armagnac, she + extended her animosity to him, and sought his destruction with the most + unrelenting hatred. She had soon an opportunity of rendering her unnatural + purpose effectual. The duke of Burgundy, in concert with her, entered + France at the head of a great army: he made himself master of Amiens, + Abbeville, Dourlens, Montreuil, and other towns in Picardy; Senlis, + Rheims, Chalons, Troye, and Auxerre, declared themselves of his + party.[***] He got possession of Beaumont, Pontoise, Vernon, Meulant, + Montlheri, towns in the neighborhood of Paris; and carrying further his + progress towards the west, he seized Etampes, Chartres, and other + fortresses; and was at last able to deliver the queen, who fled to Troye, + and openly declared against those ministers who, she said, detained her + husband in captivity.[****] + </p> +<pre xml:space="preserve"> + * Le Laboureur, liv. xxxv. chap. 10. + + ** St. Remi, chap. 74. Monstrelet, chap. 167. + + *** St. Remi, chap. 79. + + **** St. Remi, chap. 81. Monstrelet, chap. 178, 179. +</pre> + <p> + Meanwhile the partisans of Burgundy raised a commotion in Paris, which + always inclined to that faction. Lile-Adam, one of the duke's captains, + was received into the city in the night-time, and headed the insurrection + of the people, which in a moment became so impetuous that nothing could + oppose it. The person of the king was seized: the dauphin made his escape + with difficulty; great numbers of the faction of Armagnac were immediately + butchered: the count himself, and many persons of note, were thrown into + prison: murders were daily committed from private animosity, under + pretence of faction: and the populace, not satiated with their fury, and + deeming the course of public justice too dilatory, broke into the prisons, + and put to death the count of Armagnac, and all the other nobility who + were there confined.[*] + </p> + <p class="side"> + 1418. + </p> + <p> + While France was in such furious combustion, and was so ill prepared to + resist a foreign enemy, Henry, having collected some treasure and levied + an army, landed in Normandy at the head of twenty-five thousand men; and + met with no considerable opposition from any quarter. He made himself + master of Falaise; Evreux and Caen submitted to him; Pont de l'Arche + opened its gates; and Henry, having subdued all the lower Normandy, and + having received a reënforcement of fifteen thousand men from England,[**] + formed the siege of Rouen, which was defended by a garrison of four + thousand men, seconded by the inhabitants, to the number of fifteen + thousand.[***] The cardinal des Ursins here attempted to incline him + towards peace, and to moderate his pretensions; but the king replied to + him in such terms as showed that he was fully sensible of all his present + advantages: "Do you not see," said he, "that God has led me hither as by + the hand? France has no sovereign: I have just pretensions to that + kingdom: every thing is here in the utmost confusion: no one thinks of + resisting me. Can I have a more sensible proof, that the Being who + disposes of empires has determined to put the crown of France upon my + head?"[****] + </p> +<pre xml:space="preserve"> + * St. Remi, chap. 85, 86. Monstrelet, chap. 118. + + ** Walsing. p. 100. + + *** St. Remi, chap. 31 + + **** Juvenal des Ursins. +</pre> + <p> + But though Henry had opened his mind to this scheme of ambition, he still + continued to negotiate with his enemies, and endeavored to obtain more + secure, though less considerable advantages. He made, at the same time, + offers of peace to both parties; to the queen and duke of Burgundy on the + one hand, who, having possession of the king's person, carried the + appearance of legal authority;[*] and to the dauphin on the other, who, + being the undoubted heir of the monarchy, was adhered to by every one that + paid any regard to the true interests of their country.[****] These two + parties also carried on a continual negotiation with each other. The terms + proposed on all sides were perpetually varying: the events of the war and + the intrigues of the cabinet intermingled with each other: and the fate of + France remained long in this uncertainty. After many negotiations, Henry + offered the queen and the duke of Burgundy to make peace with them, to + espouse the Princess Catharine, and to accept of all the provinces ceded + to Edward III. by the treaty of Bretigni, with the addition of Normandy, + which he was to receive in full and entire sovereignty.[*] + </p> + <p class="side"> + 1419. + </p> + <p> + These terms were submitted to: there remained only some circumstances to + adjust, in order to the entire completion of the treaty; but in this + interval the duke of Burgundy secretly finished his treaty with the + dauphin; and these two princes agreed to share the royal authority during + King Charles's lifetime, and to unite their arms in order to expel foreign + enemies.[****] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ix. p. 717, 749. + + ** Rymer, vol. ix. p. 626, etc. + + *** Rymer, vol. ix. p. 762. + + **** Rymer, vol. ix. p. 776. St. Remi, chap. 95. +</pre> + <p> + This alliance which seemed to cut off from Henry all hopes of further + success, proved in the issue the most favorable event that could have + happened for his pretensions. Whether the dauphin and the duke of Burgundy + were ever sincere in their mutual engagements, is uncertain; but very + fatal effects resulted from their momentary and seeming union. The two + princes agreed to an interview, in order to concert the means of rendering + effectual their common attack on the English; but how both or either of + them could with safety venture upon this conference, it seemed somewhat + difficult to contrive. The assassination perpetrated by the duke of + Burgundy, and still more his open avowal of the deed, and defence of the + doctrine, tended to dissolve all the bands of civil society; and even men + of honor, who detested the example, might deem it just, on a favorable + opportunity, to retaliate upon the author. The duke, therefore, who + neither dared to give, nor could pretend to expect, any trust, agreed to + all the contrivances for mutual security which were proposed by the + ministers of the dauphin. The two princes came to Montereau: the duke + lodged in the Castle; the dauphin in the town, which was divided from the + castle by the River Yonne: the bridge between them was chosen for the + place of interview: two high rails were drawn across the bridge: the gates + on each side were guarded, one by the officers of the dauphin, the other + by those of the duke: the princes were to enter into the intermediate + space by the opposite gates, accompanied each by ten persons; and with all + these marks of diffidence, to conciliate their mutual friendship. But it + appeared that no precautions are sufficient where laws have no place, and + where all principles of honor are utterly abandoned. Tannegui de Chatel, + and others of the dauphin's retainers, had been zealous partisans of the + late duke of Orleans; and they determined to seize the opportunity of + revenging on the assassin the murder of that prince; they no sooner + entered the rails, than they drew their swords and attacked the duke of + Burgundy; his friends were astonished and thought not of making any + defence; and all of them either shared his fate, or were taken prisoners + by the retinue of the dauphin.[*] + </p> +<pre xml:space="preserve"> + * St. Remi, chap. 97. Monstrelet, chap. 211. +</pre> + <p> + The extreme youth of this prince made it doubtful whether he had been + admitted into the secret of the conspiracy; but as the deed was committed + under his eye, by his most intimate friends, who still retained their + connections with him, the blame of the action, which was certainly more + imprudent than criminal, fell entirely upon him. The whole state of + affairs was every where changed by this unexpected incident. The city of + Paris, passionately devoted to the family of Burgundy, broke out into the + highest fury against the dauphin. The court of King Charles entered from + interest into the same views; and as all the ministers of that monarch had + owed their preferment to the late duke, and foresaw their downfall if the + dauphin should recover possession of his father's person, they were + concerned to prevent by any means the success of his enterprise. The + queen, persevering in her unnatural animosity against her son, increased + the general flame, and inspired into the king, as far as he was + susceptible of any sentiment the same prejudices by which she herself had + long been actuated. But above all, Philip, count of Charolois, now duke of + Burgundy, thought himself bound by every tie of honor and of duty to + revenge the murder of his father, and to prosecute the assassin to the + utmost extremity. And in this general transport of rage, every + consideration of national and family interest was buried in oblivion by + all parties: the subjection to a foreign enemy, the expulsion of the + lawful heir, the slavery of the kingdom, appeared but small evils, if they + led to the gratification of the present passion. + </p> + <p> + The king of England had, before the death of the duke of Burgundy, + profited extremely by the distractions of France and was daily making a + considerable progress in Normandy. He had taken Rouen after an obstinate + siege:[*] he had made himself master of Pontoise and Gisors: he even + threatened Paris, and by the terror of his arms had obliged the court to + remove to Troye: and in the midst of his successes, he was agreeably + surprised to find his enemies, instead of combining against him for their + mutual defence, disposed to rush into his arms, and to make him the + instrument of their vengeance upon each other. A league was immediately + concluded at Arras between him and the duke of Burgundy. This prince, + without stipulating any thing for himself, except the prosecution of his + father's murder, and the marriage of the duke of Bedford with his sister, + was willing to sacrifice the kingdom to Henry's ambition; and he agreed to + every demand made by that monarch. + </p> + <p class="side"> + 1420. + </p> + <p> + In order to finish this astonishing treaty, which was to transfer the + crown of France to a stranger, Henry went to Troye, accompanied by his + brothers, the dukes of Clarence and Glocester; and was there met by the + duke of Burgundy. The imbecility into which Charles had fallen, made him + incapable of seeing any thing but through the eyes of those who attended + him; as they, on their part, saw every thing through the medium of their + passions. The treaty, being already concerted among the parties, was + immediately drawn, and signed, and ratified: Henry's will seemed to be a + law throughout the whole negotiation: nothing was attended to but his + advantages. + </p> +<pre xml:space="preserve"> + * T. Livii, p. 69. Monstrelet, chap. 201. +</pre> + <p> + The principal articles of the treaty were, that Henry should espouse the + Princess Catharine: that King Charles, during his lifetime, should enjoy + the title and dignity of king of France: that Henry should be declared and + acknowledged heir of the monarchy, and be intrusted with the present + administration of the government: that that kingdom should pass to his + heirs general: that France and England should forever be united under one + king; but should still retain their several usages, customs, and + privileges: that all the princes, peers, vassals, and communities of + France should swear, that they would both adhere to the future succession + of Henry, and pay him present obedience as regent: that this prince should + unite his arms to those of King Charles and the duke of Burgundy, in order + to subdue the adherents of Charles, the pretended dauphin: and that these + three princes should make no peace or truce with him but by common consent + and agreement.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. ix. p. 895. St. Remi, chap 101. Monstrelet, + chap. 223. +</pre> + <p> + Such was the tenor of this famous treaty; a treaty which, as nothing but + the most violent animosity could dictate it, so nothing but the power of + the sword could carry into execution. It is hard to say whether its + consequences, had it taken effect, would have proved more pernicious to + England or to France. It must have reduced the former kingdom to the rank + of a province: it would have entirely disjointed the succession of the + latter, and have brought on the destruction of every descendant of the + royal family; as the houses of Orleans, Anjou, Alençon, Brittany, Bourbon, + and of Burgundy itself, whose titles were preferable to that of the + English princes, would on that account have been exposed to perpetual + jealousy and persecution from the sovereign. There was even a palpable + deficiency in Henry's claim, which no art could palliate. For, besides the + insuperable objections to which Edward III.'s pretensions were exposed, he + was not heir to that monarch: if female succession were admitted, the + right had devolved on the house of Mortimer: allowing that Richard II. was + a tyrant, and that Henry IV.'s merits in deposing him were so great + towards the English, as to justify that nation in placing him on the + throne, Richard had nowise offended France, and his rival had merited + nothing of that kingdom: it could not possibly be pretended, that the + crown of France was become an appendage to that of England; and that a + prince, who by any means got possession of the latter, was, without + further question, entitled to the former. So that, on the whole, it must + be allowed that Henry's claim to France was, if possible, still more + unintelligible than the title by which his father had mounted the throne + of England. + </p> + <p> + But though all these considerations were overlooked, amidst the hurry of + passion by which the courts of France and Burgundy were actuated, they + would necessarily revive during times of more tranquillity; and it behoved + Henry to push his present advantages, and allow men no leisure for reason + or reflection. In a few days after, he espoused the Princess Catharine: he + carried his father-in-law to Paris, and put himself in possession of that + capital: he obtained from the parliament and the three estates a + ratification of the treaty of Troye: he supported the duke of Burgundy in + procuring a sentence against the murderers of his father: and he + immediately turned his arms with success against the adherents of the + dauphin, who, as soon as he heard of the treaty of Troye, took on him the + style and authority of regent, and appealed to God and his sword for the + maintenance of his title. + </p> + <p> + The first place that Henry subdued was Sens, which opened its gates after + a slight resistance. With the same facility he made himself master of + Montereau. The defence of Melun was more obstinate: Barbasan, the + governor, held out for the space of four months against the besiegers; and + it was famine alone which obliged him to capitulate. Henry stipulated to + spare the lives of all the garrison, except such as were accomplices in + the murder of the duke of Burgundy; and as Barbasan himself was suspected + to be of the number, his punishment was demanded by Philip: but the king + had the generosity to intercede for him, and to prevent his execution.[*] + </p> + <p class="side"> + 1421. + </p> + <p> + The necessity of providing supplies both of men and money, obliged Henry + to go over to England; and he left the duke of Exeter, his uncle, governor + of Paris during his absence. The authority which naturally attends + success, procured from the English parliament a subsidy of a fifteenth; + but, if we may judge by the scantiness of the supply, the nation was + nowise sanguine on their king's victories; and in proportion as the + prospect of their union with France became nearer, they began to open + their eyes, and to see the dangerous consequences with which that event + must necessarily be attended. It was fortunate for Henry that he had other + resources, besides pecuniary supplies from his native subjects. The + provinces which he had already conquered maintained his troops; and the + hopes of further advantages allured to his standard all men of ambitious + spirits in England, who desired to signalize themselves by arms. He levied + a new army of twenty-four thousand archers and four thousand horsemen,[**] + and marched them to Dover, the place of rendezvous. + </p> +<pre xml:space="preserve"> + * Holingshed, p. 577. + + ** Monstrelet, chap. 242. +</pre> + <p> + Every thing had remained in tranquillity at Paris under the duke of Exeter + but there had happened, in another quarter of the kingdom, a misfortune + which hastened the king's embarkation. + </p> + <p> + The detention of the young king of Scots in England had hitherto proved + advantageous to Henry; and by keeping the regent in awe, had preserved, + during the whole course of the French war, the northern frontier in + tranquillity. But when intelligence arrived in Scotland of the progress + made by Henry, and the near prospect of his succession to the crown of + France, the nation was alarmed, and foresaw their own inevitable ruin, if + the subjection of their ally left them to combat alone a victorious enemy, + who was already so much superior in power and riches. The regent entered + into the same views; and though he declined an open rupture with England, + he permitted a body of seven thousand Scots, under the command of the earl + of Buchan, his second son, to be transported into France for the service + of the dauphin. To render this aid ineffectual, Henry had, in his former + expedition, carried over the king of Scots, whom he obliged to send orders + to his countrymen to leave the French service; but the Scottish general + replied, that he would obey no commands which came from a king in + captivity, and that a prince, while in the hands of his enemy, was nowise + entitled to authority. These troops, therefore, continued still to act + under the earl of Buchan: and were employed by the dauphin to oppose the + progress of the duke of Clarence in Anjou. The two armies encountered at + Baugé: the English were defeated: the duke himself was slain by Sir Allan + Swinton, a Scotch knight, who commanded a company of men at arms: and the + earls of Somerset,[*] Dorset, and Huntingdon were taken prisoners.[**] + This was the first action that turned the tide of success against the + English; and the dauphin, that he might both attach the Scotch to his + service, and reward the valor and conduct of the earl of Buchan, honored + that nobleman with the office of constable. + </p> +<pre xml:space="preserve"> + * His name was John, and he was afterwards created duke of + Somerset. He was grandson of John of Gaunt, duke of + Lancaster. The earl of Dorset was brother to Somerset, and + succeeded him in that title. + + ** St. Remi, chap. 110. Monstrelet, chap. 239. Hall, fol. + 76. +</pre> + <p> + But the arrival of the king of England with so considerable an army, was + more than sufficient to repair this loss. Henry was received at Paris with + great expressions of joy, so obstinate were the prejudices of the people; + and he immediately conducted his army to Chartres, which had long been + besieged by the dauphin. That prince raised the siege on the approach of + the English; and being resolved to decline a battle, he retired with his + army.[*] Henry made himself master of Dreux without a blow: he laid siege + to Meaux, at the Solicitation of the Parisians, who were much incommoded + by the garrison of that place. This enterprise employed the English arms + during the space of eight months: the bastard of Vaurus, governor of + Meaux, distinguished himself by an obstinate defence; but was at last + obliged to surrender at discretion. The cruelty of this officer was equal + to his bravery: he was accustomed to hang, without distinction, all the + English and Burgundians who fell into his hands: and Henry, in revenge of + his barbarity, ordered him immediately to be hanged on the same tree which + he had made the instrument of his inhuman executions.[**] + </p> +<pre xml:space="preserve"> + * St. Remi, chap. 3. + + ** Rymer, vol. x. p. 212 T. Livii, p. 92, 93. St. Remi, chap + 116 Monstrelet, chap. 260. +</pre> + <p> + This success was followed by the surrender of many other places in the + neighborhood of Paris, which held for the dauphin: that prince was chased + beyond the Loire, and he almost totally abandoned all the northern + provinces: he was even pursued into the south by the united arms of the + English and Burgundians, and threatened with total destruction. + Notwithstanding the bravery and fidelity of his captains, he saw himself + unequal to his enemies in the field; and found it necessary to temporize, + and to avoid all hazardous actions with a rival who had gained so much the + ascendant over him. And to crown all the other prosperities of Henry, his + queen was delivered of a son, who was called by his father's name, and + whose birth was celebrated by rejoicings no less pompous, and no less + sincere, at Paris than at London. The infant prince seemed to be + universally regarded as the future heir of both monarchies. + </p> + <p class="side"> + 1422. + </p> + <p> + But the glory of Henry, when it had nearly reached the summit, was stopped + short by the hand of nature; and all his mighty projects vanished into + smoke. He was seized with a fistula, a malady which the surgeons at that + time had not skill enough to cure; and he was at last sensible that his + distemper was mortal, and that his end was approaching He sent for his + brother the duke of Bedford, the earl of Warwick, and a few noblemen more, + whom he had honored with his friendship; and he delivered to them, in + great tranquillity, his last will with regard to the government of his + kingdom and family. He entreated them to continue towards his infant son + the same fidelity and attachment which they had always professed to + himself during his lifetime, and which had been cemented by so many mutual + good offices. He expressed his indifference on the approach of death; and + though he regretted that he must leave unfinished a work so happily begun, + he declared himself confident that the final acquisition of France would + be the effect of their prudence and valor. He left the regency of that + kingdom to his elder brother, the duke of Bedford; that of England to his + younger, the duke of Glocester; and the care of his son's person to the + earl of Warwick. He recommended to all of them a great attention to + maintain the friendship of the duke of Burgundy; and advised them never to + give liberty to the French princes taken at Azincour, till his son were of + age, and could himself hold the reins of government. And he conjured them, + if the success of their arms should not enable them to place young Henry + on the throne of France, never at least to make peace with that kingdom, + unless the enemy, by the cession of Normandy, and its annexation to the + crown of England, made compensation for all the hazard and expense of his + enterprise.[*] + </p> + <p> + He next applied himself to his devotions, and ordered his chaplain to + recite the seven penitential psalms. When that passage of the fifty-first + psalm was read, "build thou the walls of Jerusalem," he interrupted the + chaplain, and declared his serious intention, after he should have fully + subdued France, to conduct a crusade against the infidels, and recover + possession of the Holy Land.[**] So ingenious are men in deceiving + themselves, that Henry forgot, in those moments, all the blood spilt by + his ambition; and received comfort from this late and feeble resolve, + which, as the mode of these enterprises was now passed, he certainly would + never have carried into execution. He expired in the thirty-fourth year of + his age and the tenth of his reign. + </p> +<pre xml:space="preserve"> + * Monstrelet, chap. 265. Hall, fol. 80. + + ** St. Remi, chap. 118, Monstrelet, el ap. 265. +</pre> + <p> + This prince possessed many eminent virtues; and if we give indulgence to + ambition in a monarch, or rank it, as the vulgar are inclined to do, among + his virtues, they were unstained by any considerable blemish. His + abilities appeared equally in the cabinet and in the field: the boldness + of his enterprises was no less remarkable than his personal valor in + conducting them. He had the talent of attaching his friends by affability, + and of gaining his enemies by address and clemency. The English, dazzled + by the lustre of his character, still more than by that of his victories, + were reconciled to the defects in his title: the French almost forgot that + he was an enemy: and his care in maintaining justice in his civil + administration, and preserving discipline in his armies, made some amends + to both nations for the calamities inseparable from those wars in which + his short reign was almost entirely occupied, That he could forgive the + earl of Marche, who had a better title to the crown than himself, is a + sure indication of his magnanimity; and that the earl relied so entirely + on his friendship, is no less a proof of his established character for + candor and sincerity. There remain in history few instances of such mutual + trust; and still fewer where neither party found reason to repent it. + </p> + <p> + The exterior figure of this great prince, as well as his deportment, was + engaging. His stature was somewhat above the middle size; his countenance + beautiful; his limbs genteel and slender, but full of vigor; and he + excelled in all warlike and manly exercises.[*] He left by his queen, + Catharine of France, only one son, not full nine months old; whose + misfortunes, in the course of his life, surpassed all the glories and + successes of his father. + </p> +<pre xml:space="preserve"> + * T. Livii, p. 4. +</pre> + <p> + In less than two months after Henry's death, Charles VI. of France, his + father-in-law, terminated his unhappy life. He had for several years + possessed only the appearance of royal authority: yet was this mere + appearance of considerable advantage to the English; and divided the duty + and affections of the French between them and the dauphin. This prince was + proclaimed and crowned king of France at Poictiers, by the name of Charles + VII. Rheims, the place where this ceremony is usually performed, was at + that time in the hands of his enemies. + </p> + <p> + Catharine of France, Henry's widow, married, soon after his death, a Welsh + gentleman, Sir Owen Tudor, said to be descended from the ancient princes + of that country: she bore him two sons, Edmund and Jasper, of whom the + eldest was created earl of Richmond; the second earl of Pembroke The + family of Tudor, first raised to distinction by this alliance, mounted + afterwards the throne of England. + </p> + <p> + The long schism, which had divided the Latin church for near forty years, + was finally terminated in this reign by the council of Constance; which + deposed the pope, John XXIII., for his crimes, and elected Martin V. in + his place, who was acknowledged by almost all the kingdoms of Europe. This + great and unusual act of authority in the council, gave the Roman pontiffs + ever after a mortal antipathy to those assemblies. The same jealousy which + had long prevailed in most European countries, between the civil + aristocracy and monarchy, now also took place between these powers in the + ecclesiastical body. But the great separation of the bishops in the + several states, and the difficulty of assembling them, gave the pope a + mighty advantage, and made it more easy for him to centre all the powers + of the hierarchy in his own person. The cruelty and treachery which + attended the punishment of John Huss and Jerome of Prague, the unhappy + disciples of Wickliffe, who, in violation of a safe-conduct were burned + alive for their errors by the council of Constance prove this melancholy + truth, that toleration is none of the virtues of priests in any form of + ecclesiastical government But as the English nation had little or no + concern in these great transactions, we are here the more concise in + relating them. + </p> + <p> + The first commission of array which we meet with, was issued in this + reign.[*] The military part of the feudal system, which was the most + essential circumstance of it, was entirely dissolved, and could no longer + serve for the defence of the kingdom. Henry, therefore, when he went to + France, in 1415, empowered certain commissioners to take in each county a + review of all the freemen able to bear arms, to divide them into + companies, and to keep them in readiness for resisting an enemy. This was + the era when the feudal militia in England gave place to one which was + perhaps still less orderly and regular. + </p> + <p> + * Rymer, vol, ix. p. 254, 255. + </p> + <p> + We have an authentic and exact account of the ordinary revenue of the + crown during this reign; and it amounts only to fifty-five thousand seven + hundred and fourteen pounds ten shillings and tenpence a year. [*] This is + nearly the same with the revenue of Henry III.; and the kings of England + had neither become much richer nor poorer in the course of so many years. + The ordinary expense of the government amounted to forty-two thousand five + hundred and seven pounds sixteen shillings and tenpence; so that the king + had a surplus only of thirteen thousand two hundred and six pounds + fourteen shillings for the support of his household; for his wardrobe; for + the expense of embassies; and other articles. This sum was nowise + sufficient: he was therefore obliged to have frequent recourse to + parliamentary supplies, and was thus, even in time of peace, not + altogether independent of his people. But wars were attended with a great + expense, which neither the prince's ordinary revenue, nor the + extraordinary supplies, were able to bear; and the sovereign was always + reduced to many miserable shifts, in order to make any tolerable figure in + them. He commonly borrowed money from all quarters; he pawned his jewels, + and sometimes the crown itself;[**] he ran in arrears to his army; and he + was often obliged, notwithstanding all these expedients, to stop in the + midst of his career of victory, and to grant truces to the enemy. The high + pay which was given to soldiers agreed very ill with this low income. All + the extraordinary supplies, granted by parliament to Henry during the + course of his reign, were only seven tenths and fifteenths, about two + hundred and three thousand pounds.[***] It is easy to compute how soon + this money must be exhausted by armies of twenty-four thousand archers and + six thousand horse; when each archer had sixpence a day,[****] and each + horseman two shillings. The most splendid successes proved commonly + fruitless when supported by so poor a revenue; and the debts and + difficulties which the king thereby incurred, made him pay dear for his + victories. The civil administration, likewise, even in time of peace, + could never be very regular, where the government was so ill enabled to + support itself. + </p> +<pre xml:space="preserve"> + * Rymer, vol. x. p. 113. + + ** Rymer, vol. x. p. 190. + + *** Parliamentary History, vol. ii. p. 168. + + **** It appears from many passages of Rymer, particularly + vol. ix p. 258, that the king paid twenty marks a year for + an archer, which is a good deal above sixpence a day. The + price had risen, as it is natural, by raising the + denomination of money. +</pre> + <p> + Henry, till within a year of his death, owed debts which he had contracted + when prince of Wales.[*] It was in vain that the parliament pretended to + restrain him from arbitrary practices, when he was reduced to such + necessities. Though the right of levying purveyance for instance, had been + expressly guarded against by the Great Charter itself, and was frequently + complained of by the commons, it was found absolutely impracticable to + abolish it; and the parliament at length, submitting to it as a legal + prerogative, contented themselves with enacting laws to limit and confine + it. The duke of Glocester, in the reign of Richard II., possessed a + revenue of sixty thousand crowns, (about thirty thousand pounds a year of + our present money,) as we learn from Froissard,[**] and was consequently + richer than the king himself, if all circumstances be duly considered. + </p> + <p> + It is remarkable, that the city of Calais alone was an annual expense to + the crown of nineteen thousand one hundred and nineteen pounds;[***] that + is, above a third of the common charge of the government in time of peace. + This fortress was of no use to the defence of England, and only gave that + kingdom an inlet to annoy France. Ireland cost two thousand pounds a year, + over and above its own revenue; which was certainly very low. Every thing + conspires to give us a very mean idea of the state of Europe in those + ages. + </p> + <p> + From the most early times till the reign of Edward III., the denomination + of money had never been altered; a pound sterling was still a pound troy; + that is, about three pounds of our present money. That conqueror was the + first that innovated in this important article. In the twentieth of his + reign, he coined twenty-two shillings from a pound troy; in his + twenty-seventh year, he coined twenty-five shillings. But Henry V., who + was also a conqueror, raised still farther the denomination, and counted + thirty shillings from a pound troy:[****] his revenue therefore must have + been about one hundred and ten thousand pounds of our present money; and + by the cheapness of provisions, was equivalent to above three hundred and + thirty thousand pounds. + </p> +<pre xml:space="preserve"> + * Rymer, vol. x. p. 114. + + ** Liv. iv. chap. 86. + + *** Rymer, vol. x. p. 113. + + **** Fleetwood's Chronicon Preciosum, p. 52 +</pre> + <p> + None of the princes of the house of Lancaster ventured to impose taxes + without consent of parliament: their doubtful or bad title became so far + of advantage to the constitution. The rule was then fixed, and could not + safely be broken afterwards, even by more absolute princes. + </p> + <p> + <a name="link2HCH0009" id="link2HCH0009"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XX. + </h2> + <p> + <a name="linkimage-0012" id="linkimage-0012"> + <!-- IMG --></a> <a href="images/1_265_henry6.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_265_henry6_th.jpg" title="Henry VI." + alt="1_265_henry6.jpg Henry VI. " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0018" id="link2H_4_0018"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + HENRY VI. + </h2> + <h3> + CONTEMPORARY MONARCHS. + </h3> + <p class="side"> + 1422. + </p> + <p> + During the reigns of the Lancastrian princes, the authority of parliament + seems to have been more confirmed, and the privileges of the people more + regarded, than during any former period; and the two preceding kings, + though men of great spirit and abilities, abstained from such exertions of + prerogative, as even weak princes, whose title was undisputed, were + tempted to think they might venture upon with impunity. The long minority, + of which there was now the prospect, encouraged still further the lords + and commons to extend their influence; and without paying much regard to + the verbal destination of Henry V., they assumed the power of giving a new + arrangement to the whole administration. They declined altogether the name + of "Regent" with regard to England: they appointed the duke of Bedford + "protector" or "guardian" of that kingdom, a title which they supposed to + imply less authority: they invested the duke of Glocester with the same + dignity during the absence of his elder brother;[*] and in order to limit + the power of both these princes, they appointed a council, without whose + advice and approbation no measure of importance could be determined.[**] + The person and education of the infant prince were committed to Henry + Beaufort, bishop of Winchester, his great uncle, and the legitimated son + of John of Gaunt, duke of Lancaster; a prelate who, as his family could + never have any pretensions to the crown, might safely, they thought, be + intrusted with that important charge.[***] + </p> +<pre xml:space="preserve"> + * Rymer, vol. x. p. 261. Cotton, p. 564. + + ** Cotton, p. 564. + + *** Hall, fol. 83. Monstrelet, vol. ii. p. 27. +</pre> + <p> + The two princes, the dukes of Bedford and Glocester, who seemed injured by + this plan of government, yet, being persons of great integrity and honor, + acquiesced in any appointment which tended to give security to the public; + and as the wars in France appeared to be the object of greatest moment, + they avoided every dispute which might throw an obstacle in the way of + foreign conquests. + </p> + <p> + When the state of affairs between the English and French kings was + considered with a superficial eye, every advantage seemed to be on the + side of the former; and the total expulsion of Charles appeared to be an + event which might naturally be expected from the superior power of his + competitor. Though Henry was yet in his infancy, the administration was + devolved on the duke of Bedford, the most accomplished prince of his age; + whose experience, prudence, valor, and generosity qualified him for his + high office, and enabled him both to maintain union among his friends, and + to gain the confidence of his enemies. The whole power of England was at + his command; he was at the head of armies inured to victory; he was + seconded by the most renowned generals of the age, the earls of Somerset, + Warwick, Salisbury, Suffolk, and Arundel, Sir John Talbot, and Sir John + Fastolffe: and besides Guienne, the ancient inheritance of England, he was + master of the capital, and of almost all the northern provinces, which + were well enabled to furnish him with supplies both of men and money, and + to assist and support his English forces. + </p> + <p> + But Charles, notwithstanding the present inferiority of his power, + possessed some advantages, derived partly from his situation, partly from + his personal character, which promised him success, and served, first to + control, then to overbalance, the superior force and opulence of his + enemies. He was the true and undoubted heir of the monarchy: all + Frenchmen, who knew the interests, or desired the independence, of their + country, turned their eyes towards him as its sole resource; the exclusion + given him by the imbecility of his father, and the forced or precipitate + consent of the states, had plainly no validity: that spirit of faction + which had blinded the people, could not long hold them in so gross a + delusion: their national and inveterate hatred against the English, the + authors of all their calamities, must soon revive, and inspire them with + indignation at bending their necks under the yoke of that hostile people: + great nobles and princes, accustomed to maintain an independence against + their native sovereigns, would never endure a subjection to strangers; and + though most of the princes of the blood were, since the fatal battle of + Azincour detained prisoners in England, the inhabitants of their de + mesnes, their friends their vassals, all declared a zealous attachment to + the king and exerted themselves in resisting the violence of foreign + invaders. + </p> + <p> + Charles himself, though only in his twentieth year, was of a character + well calculated to become the object of these benevolent sentiments; and + perhaps from the favor which naturally attends youth, was the more likely, + on account of his tender age, to acquire the good-will of his native + subjects. He was a prince of the most friendly and benign disposition, of + easy and familiar manners, and of a just and sound, though not a very + vigorous understanding. Sincere, generous, affable, he engaged from + affection the services of his followers, even while his low fortunes might + make it their interest to desert him; and the lenity of his temper could + pardon in them those sallies of discontent, to which princes in his + situation are so frequently exposed. The love of pleasure often seduced + him into indolence; but amidst all his irregularities, the goodness of his + heart still shone forth; and by exerting at intervals his courage and + activity, he proved that his general remissness proceeded not from the + want either of a just spirit of ambition, or of personal valor. + </p> + <p> + Though the virtues of this amiable prince lay some time in obscurity, the + duke of Bedford knew that his title alone made him formidable, and that + every foreign assistance would be requisite, ere an English regent could + hope to complete the conquest of France; an enterprise which, however it + might seem to be much advanced, was still exposed to many and great + difficulties. The chief circumstance which had procured to the English all + their present advantages, was the resentment of the duke of Burgundy + against Charles; and as that prince seemed intent rather on gratifying his + passion than consulting his interests, it was the more easy for the + regent, by demonstrations of respect and confidence, to retain him in the + alliance of England. He bent, therefore, all his endeavors to that + purpose: he gave the duke every proof of friendship and regard: he even + offered him the regency of France, which Philip declined: and that he + might corroborate national connections by private ties, he concluded his + own marriage with the princess of Burgundy, which had been stipulated by + the treaty of Arras. + </p> + <p class="side"> + 1423. + </p> + <p> + Being sensible that, next to the alliance of Burgundy, the friendship of + the duke of Brittany was of the greatest importance towards forwarding the + English conquests; and that, as the provinces of France, already subdued, + lay between the dominions of these two princes, he could never hope for + any security without preserving his connections with them; he was very + intent on strengthening himself also from that quarter. The duke of + Brittany, having received many just reasons of displeasure from the + ministers of Charles, had already acceded to the treaty of Troye, and had, + with other vassals of the crown, done homage to Henry V. in quality of + heir to the kingdom: but as the regent knew that the duke was much + governed by his brother, the count of Richemont, he endeavored to fix his + friendship, by paying court and doing services to this haughty and + ambitious prince. + </p> + <p> + Arthur, count of Richemont, had been taken prisoner at the battle of + Azincour, had been treated with great indulgence by the late king, and had + even been permitted on his parole to take a journey into Brittany, where + the state of affairs required his presence. The death of that victorious + monarch happened before Richemont's return; and this prince pretended + that, as his word was given personally to Henry V., he was not bound to + fulfil it towards his son and successor; a chicane which the regent, as he + could not force him to compliance, deemed it prudent to overlook. An + interview was settled at Amiens between the dukes of Bedford, Burgundy, + and Brittany, at which the count of Richemont was also present:[*] the + alliance was renewed between these princes: and the regent persuaded + Philip to give in marriage to Richemont his eldest sister, widow of the + deceased dauphin, Lewis, the elder brother of Charles. Thus Arthur was + connected both with the regent and the duke of Burgundy, and seemed + engaged by interest to prosecute the same object, in forwarding the + success of the English arms. + </p> +<pre xml:space="preserve"> + * Hall. fol. 84. Monstrelet, vol. i. p 4. Stowe, p. 364. +</pre> + <p> + While the vigilance of the duke of Bedford was employed in gaining or + confirming these allies, whose vicinity rendered them so important, he did + not overlook the state of more remote countries. The duke of Albany, + regent of Scotland, had died: and his power had devolved on Murdac, his + son, a prince of a weak understanding and indolent disposition; who, far + from possessing the talents requisite for the government of that fierce + people, was not even able to maintain authority in his own family, or + restrain the petulance and insolence of his sons. The ardor of the Scots + to serve in France, where Charles treated them with great honor and + distinction, and where the regent's brother enjoyed the dignity of + constable, broke out afresh under this feeble administration: new succors + daily came over, and filled the armies of the French king: the earl of + Douglas conducted a reënforcement of five thousand men to his assistance: + and it was justly to be dreaded that the Scots, by commencing open + hostilities in the north, would occasion a diversion still more + considerable of the English power, and would ease Charles, in part, of + that load by which he was at present so grievously oppressed. The duke of + Bedford, therefore, persuaded the English council to form an alliance with + James, their prisoner; to free that prince from his long captivity; and to + connect him with England by marrying him to a daughter of the earl of + Somerset, and cousin of the young king.[*] As the Scottish regent, tired + of his present dignity, which he was not able to support, was now become + entirely sincere in his applications for James's liberty, the treaty was + soon concluded; a ransom of forty thousand pounds was stipulated;[**] and + the king of Scots was restored to the throne of his ancestors, and proved, + in his short reign, one of the most illustrious princes that had ever + governed that kingdom. He was murdered, in 1437, by his traitorous kinsman + the earl of Athole. His affections inclined to the side of France; but the + English had never reason during his lifetime to complain of any breach of + the neutrality by Scotland. + </p> +<pre xml:space="preserve"> + * Hall, fol. 86. Stowe, p. 364. Grafton, p. 501. + + * Rymer, vol. x. p. 299, 300, 326. +</pre> + <p> + But the regent was not so much employed in these political negotiations as + to neglect the operations of war, from which alone he could hope to + succeed in expelling the French monarch. Though the chief seat of + Charles's power lay in the southern provinces beyond the Loire, his + partisans were possessed of some fortresses in the northern, and even in + the neighborhood of Paris; and it behoved the duke of Bedford first to + clear these countries from the enemy, before he could think of attempting + more distant conquests. The Castle of Dorsoy was taken after a siege of + six weeks: that of Noyelle and the town of Rue, in Picardy, underwent the + same fate: Pont sur Seine, Vertus, Montaigu, were subjected by the English + arms: and a more considerable advantage was soon after gained by the + united forces of England and Burgundy. John Stuart, constable of Scotland, + and the lord of Estissac had formed the siege of Crevant, in Burgundy: the + earls of Salisbury and Suffolk, with the count of Toulongeon, were sent to + its relief: a fierce and well-disputed action ensued; the Scots and French + were defeated: the constable of Scotland and the count of Ventadour were + taken prisoners; and above a thousand men, among whom was Sir William + Hamilton, were left on the field of battle.[*] The taking of Gaillon upon + the Seine, and of La Charité upon the Loire, was the fruit of this + victory: and as this latter place opened an entrance into the southern + provinces, the acquisition of it appeared on that account of the greater + importance to the duke of Bedford, and seemed to promise a successful + issue to the war. + </p> +<pre xml:space="preserve"> + * Hall, fol. 86. Monstrelet, vol. ii. p. 8. Holingshed, p. + 586., Grafton, p. 500. +</pre> + <p class="side"> + 1424. + </p> + <p> + The more Charles was threatened with an invasion in those provinces which + adhered to him, the more necessary it became that he should retain + possession of every fortress which he still held within the quarters of + the enemy. The duke of Bedford had besieged in person, during the space of + three months, the town of Yvri, in Normandy: and the brave governor, + unable to make any longer defence, was obliged to capitulate; and he + agreed to surrender the town, if, before a certain term, no relief + arrived. Charles, informed of these conditions, determined to make an + attempt for saving the place. He collected, with some difficulty, an army + of fourteen thousand men, of whom one half were Scots; and he sent them + thither under the command of the earl of Buchan, constable of France; who + was attended by the earl of Douglas, his countryman, the duke of Alençon, + the mareschal de la Fayette, the count of Aumale, and the viscount of + Narbonne. When the constable arrived within a few leagues of Yvri, he + found that he was come too late, and that the place was already + surrendered. He immediately turned to the left, and sat down before + Verneuil, which the inhabitants, in spite of the garrison, delivered up to + him.[*] Buchan might now have returned in safety, and with the glory of + making an acquisition no less important than the place which he was sent + to relieve: but hearing of Bedford's approach, he called a council of war, + in order to deliberate concerning the conduct which he should hold in this + emergence. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 14. Grafton, p. 504. +</pre> + <p> + The wiser part of the council declared for a retreat; and represented, + that all the past misfortunes of the French had proceeded from their + rashness in giving battle when no necessity obliged them; that this army + was the last resource of the king, and the only defence of the few + provinces which remained to him; and that every reason invited him to + embrace cautious measures, which might leave time for his subjects to + return to a sense of their duty, and give leisure for discord to arise + among his enemies, who, being united by no common bond of interest or + motive of alliance, could not long persevere in their animosity against + him. All these prudential considerations were overborne by a vain point of + honor, not to turn their backs to the enemy; and they resolved to await + the arrival of the duke of Bedford. + </p> + <p> + The numbers were nearly equal in this action; and as the long continuance + of war had introduced discipline, which, however imperfect, sufficed to + maintain some appearance of order in such small armies, the battle was + fierce, and well disputed, and attended with bloodshed on both sides. The + constable drew up his forces under the walls of Verneuil, and resolved to + abide the attack of the enemy: but the impatience of the viscount of + Narbonne, who advanced precipitately, and obliged the whole line to follow + him in some hurry and confusion, was the cause of the misfortune which + ensued. The English archers, fixing their palisadoes before them, + according to their usual custom, sent a volley of arrows amidst the + thickest of the French army; and though beaten from their ground, and + obliged to take shelter among the baggage, they soon rallied, and + continued to do great execution upon the enemy. The duke of Bedford, + meanwhile, at the head of the men at arms, made impression on the French, + broke their ranks, chased them off the field, and rendered the victory + entirely complete and decisive.[*] + </p> +<pre xml:space="preserve"> + * Hall, fol. 83, 89, 90. Monstrelet, vol. ii. p. 15. Stowe, + p 365., Holingshed, p. 588. +</pre> + <p> + The constable himself perished in battle as well as the earl of Douglas + and his son, the counts of Aumale, Tonnerre, and Ventadour, with many + other considerable nobility. The duke of Alençon, the mareschal de la + Fayette, the lords of Gaucour and Mortemar, were taken prisoners. There + fell about four thousand of the French, and sixteen hundred of the + English; a loss esteemed, at that time, so unusual on the side of the + victors, that the duke of Bedford forbade all rejoicings for his success, + Verneuil was surrendered next day by capitulation.[*] + </p> +<pre xml:space="preserve"> + * Monstrelet. vol. ii. p. 15. +</pre> + <p> + The condition of the king of France now appeared very terrible, and almost + desperate. He had lost the flower of his army and the bravest of his + nobles in this fatal action: he had no resource either for recruiting or + subsisting his troops; he wanted money even for his personal subsistence; + and though all parade of a court was banished, it was with difficulty he + could keep a table, supplied with the plainest necessaries, for himself + and his few followers: every day brought him intelligence of some loss or + misfortune: towns which were bravely defended, were obliged at last to + surrender for want of relief or supply: he saw his partisans entirely + chased from all the provinces which lay north of the Loire: and he + expected soon to lose, by the united efforts of his enemies, all the + territories of which he had hitherto continued master; when an incident + happened which saved him on the brink of ruin, and lost the English such + an opportunity for completing their conquests, as they never afterwards + were able to recall. + </p> + <p> + Jacqueline, countess of Hainault and Holland, and heir of these provinces, + had espoused John, duke of Brabant cousin-german to the duke of Burgundy; + but having made this choice from the usual motives of princes, she soon + found reason to repent of the unequal alliance. She was a princess of a + masculine spirit and uncommon understanding: the duke of Brabant was of a + sickly complexion and weak mind: she was in the vigor of her age; he had + only reached his fifteenth year: these causes had inspired her with such + contempt for her husband, which soon proceeded to antipathy that she + determined to dissolve a marriage, where, it is probable, nothing but the + ceremony had as yet intervened. The court of Rome was commonly very open + to applications of this nature, when seconded by power and money; but as + the princess foresaw great opposition from her husband's relations, and + was impatient to effect her purpose, she made her escape into England, and + threw herself under the protection of the duke of Glocester. That prince, + with many noble qualities had the defect of being governed by an impetuous + temper and vehement passions; and he was rashly induced, as well by the + charms of the countess herself, as by the prospect of possessing her rich + inheritance, to offer himself to her as a husband. Without waiting for a + papal dispensation; without endeavoring to reconcile the duke of Burgundy + to the measure; he entered into a contract of marriage with Jaqueline, and + immediately attempted to put himself in possession of her dominions. + Philip was disgusted with so precipitate a conduct: he resented the injury + done to the duke of Brabant, his near relation: he dreaded to have the + English established on all sides of him: and he foresaw the consequences + which must attend the extensive and uncontrolled dominion of that nation, + if, before the full settlement of their power, they insulted and injured + an ally to whom they had already been so much indebted, and who was still + so necessary for supporting them in their further progress. He encouraged, + therefore, the duke of Brabant to make resistance: he engaged many of + Jaqueline's subjects to adhere to that prince: he himself marched troops + to his support: and as the duke of Glocester still persevered in his + purpose, a sharp war was suddenly kindled in the Low Countries. The + quarrel soon became personal as well as political. The English prince + wrote to the duke of Burgundy, complaining of the opposition made to his + pretensions; and though, in the main, he employed amicable terms in his + letter, he took notice of some falsehoods into which, he said, Philip had + been betrayed during the course of these transactions. This unguarded + expression was highly resented: the duke of Burgundy insisted that he + should retract it; and mutual challenges and defiances passed between them + on this occasion.[*] + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 19, 20, 21. +</pre> + <p> + The duke of Bedford could easily foresee the bad effects of so ill-timed + and imprudent a quarrel. All the succors which he expected from England, + and which were so necessary in this critical emergence, were intercepted + by his brother, and employed in Holland and Hainault: the forces of the + duke of Burgundy, which he also depended on, were diverted by the same + wars: and besides this double loss, he was in imminent danger of + alienating forever that confederate whose friendship was of the utmost + importance, and whom the late king had enjoined him, with his dying + breath, to gratify by every mark of regard and attachment. He represented + all these topics to the duke of Glocester: he endeavored to mitigate the + resentment of the duke of Burgundy: he interposed with his good offices + between these princes, but was not successful in any of his endeavors; and + he found that the impetuosity of his brother's temper was still the chief + obstacle to all accommodation.[*] For this reason, instead of pushing the + victory gained at Verneuil, he found himself obliged to take a journey + into England, and to try, by his counsels and authority, to moderate the + measures of the duke of Glocester. + </p> + <p> + There had likewise broken out some differences among the English ministry, + which had proceeded to great extremities, and which required the regent's + presence to compose them.[**] The bishop of Winchester, to whom the care + of the king's person and education had been intrusted, was a prelate of + great capacity and experience, but of an intriguing and dangerous + character; and as he aspired to the government of affairs, he had + continual disputes with his nephew the protector; and he gained frequent + advantages over the vehement and impolitic temper of that prince. + </p> + <p class="side"> + 1425. + </p> + <p> + The duke of Bedford employed the authority of parliament to reconcile + them; and these rivals were obliged to promise, before that assembly, that + they would bury all quarrels in oblivion.[***] Time also seemed to open + expedients for composing the difference with the duke of Burgundy. The + credit of that prince had procured a bull from the pope; by which not only + Jaqueline's contract with the duke of Glocester was annulled, but it was + also declared that, even in case of the duke of Brabant's death, it should + never be lawful for her to espouse the English prince. Humphrey, + despairing of success, married another lady of inferior rank, who had + lived some time with him as his mistress.[****] + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 18. + + ** Stowe, p. 368. Holingshed, p. 530. + + *** Hall, fol. 98, 99. Hollingshed, p. 593, 594. Polydore + Virgil, p. 466. Grafton, p. 512, 519. + + **** Stowe, p 367. +</pre> + <p> + The duke of Brabant died; and his widow, before she could recover + possession of her dominions, was obliged to declare the duke of Burgundy + her heir, in case she should die without issue, and to promise never to + marry without his consent. But though the affair was thus terminated to + the satisfaction of Philip, it left a disagreeable impression on his mind: + it excited an extreme jealousy of the English, and opened his eyes to his + true interests: and as nothing but his animosity against Charles had + engaged him in alliance with them, it counterbalanced that passion by + another of the same kind, which in the end became prevalent, and brought + him back, by degrees, to his natural connections with his family and his + native country. + </p> + <p> + About the same time, the duke of Brittany began to withdraw himself from + the English alliance. His brother, the count of Richemont, though + connected by marriage with the dukes of Burgundy and Bedford, was + extremely attached by inclination to the French interest; and he willingly + hearkened to all the advances which Charles made him for obtaining his + friendship. The staff of constable, vacant by the earl of Buchan's death, + was offered him; and as his martial and ambitious temper aspired to the + command of armies, which he had in vain attempted to obtain from the duke + of Bedford, he not only accepted that office, but brought over his brother + to an alliance with the French monarch. The new constable, having made + this one change in his measures, firmly adhered ever after to his + engagements with France. Though his pride and violence, which would admit + of no rival in his master's confidence, and even prompted him to + assassinate the other favorites, had so much disgusted Charles, that he + once banished him the court, and refused to admit him to his presence, he + still acted with vigor for the service of that monarch, and obtained at + last, by his perseverance, the pardon of all past offences. + </p> + <p class="side"> + 1426. + </p> + <p> + In this situation, the duke of Bedford, on his return, found the affairs + of France, after passing eight months in England. The duke of Burgundy was + much disgusted. The duke of Brittany had entered into engagements with + Charles, and had done homage to that prince for his duchy. The French had + been allowed to recover from the astonishment into which their frequent + disasters had thrown them. An incident too had happened, which served + extremely to raise their courage. The earl of Warwick had besieged + Montargis with a small army of three thousand men, and the place was + reduced to extremity, when the bastard of Orleans undertook to throw + relief into it. This general, who was natural son to the prince + assassinated by the duke of Burgundy, and who was afterwards created count + of Dunois, conducted a body of one thousand six hundred men to Montargis, + and made an attack on the enemy's trenches with so much valor, prudence, + and good fortune, that he not only penetrated into the place, but gave a + severe blow to the English, and obliged Warwick to raise the siege.[*] + This was the first signal action that raised the fame of Dunois, and + opened him the road to those great honors which he afterwards attained. + </p> + <p> + But the regent, soon after his arrival, revived the reputation of the + English arms by an important enterprise which he happily achieved. He + secretly brought together, in separate detachments, a considerable army to + the frontiers of Brittany; and fell so unexpectedly upon that province, + that the duke, unable to make resistance, yielded to all the terms + required of him. he renounced the French alliance; he engaged to maintain + the treaty of Troye; he acknowledged the duke of Bedford for regent of + France; and promised to do homage for his duchy to King Henry.[**] And the + English prince, having thus freed himself from a dangerous enemy who lay + behind him, resolved on an undertaking, which, if successful, would, he + hoped, cast the balance between the two nations, and prepare the way for + the final conquest of France. + </p> + <p class="side"> + 1428. + </p> + <p> + The city of Orleans was so situated between the provinces commanded by + Henry, and those possessed by Charles, that it opened an easy entrance to + either; and as the duke of Bedford intended to make a great effort for + penetrating into the south of France, it behoved him to begin with this + place, which, in the present circumstances, was become the most important + in the kingdom. He committed the conduct of the enterprise to the earl of + Salisbury, who had newly brought him a reënforcement of six thousand men + from England, and who had much distinguished himself by his abilities + during the course of the present war. Salisbury, passing the Loire, made + himself master of several small places, which surrounded Orleans on that + side;[***] and as his intentions were thereby known, the French king used + every expedient to supply the city with a garrison and provisions, and + enable it to maintain a long and obstinate siege. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 32, 33. Holingshed, p. 597. + + ** Monstrelet, vol. ii. p. 35, 36. + + *** Monstrelet, vol. ii. p. 38, 39. Polyd. Virg. p. 468. +</pre> + <p> + The lord of Gaucour, a brave and experienced captain, was appointed + governor: many officers of distinction threw themselves into the place: + the troops which they conducted were inured to war, and were determined to + make the most obstinate resistance: and even the inhabitants, disciplined + by the long continuance of hostilities, were well qualified, in their own + defence, to second the efforts of the most veteran forces. The eyes of all + Europe were turned towards this scene; where, it was reasonably supposed, + the French were to make their last stand for maintaining the independence + of their monarchy, and the rights of their sovereign. + </p> + <p> + The earl of Salisbury at last approached the place with an army, which + consisted only of ten thousand men; and not being able, with so small a + force, to invest so great a city, that commanded a bridge over the Loire, + he stationed himself on the southern side towards Sologne, leaving the + other, towards the Beausse, still open to the enemy. He there attacked the + fortifications which guarded the entrance to the bridge; and, after an + obstinate resistance, he carried several of them; but was himself killed + by a cannon ball as he was taking a view of the enemy.[*] + </p> +<pre xml:space="preserve"> + * Hall, fol. 105. Monstrelet, vol. ii. p. 39., Stowe, p. + 369. Hoingshed, p. 599. Grafton, p. 531. +</pre> + <p> + The earl of Suffolk succeeded to the command; and being reënforced with + great numbers of English and Burgundians, he passed the river with the + main body of his army, and invested Orleans on the other side. As it was + now the depth of winter, Suffolk, who found it difficult, in that season, + to throw up intrenchments all around, contented himself, for the present, + with erecting redoubts at different distances, where his men were lodged + in safety, and were ready to intercept the supplies which the enemy might + attempt to throw into the place. Though he had several pieces of artillery + in his camp, (and this is among the first sieges in Europe where cannon + were found to be of importance,) the art of engineering was hitherto so + imperfect, that Suffolk trusted more to famine than to force for subduing + the city; and he purposed in the spring to render the circumvallation more + complete, by drawing intrenchments from one redoubt to another. Numberless + feats of valor were performed both by the besiegers and besieged during + the winter: bold sallies were made, and repulsed with equal boldness: + convoys were sometimes introduced, and often intercepted: the supplies + were still unequal to the consumption of the place: and the English seemed + daily, though slowly, to be advancing towards the completion of their + enterprise. + </p> + <p class="side"> + 1429. + </p> + <p> + But while Suffolk lay in this situation, the French parties ravaged all + the country around; and the besiegers, who were obliged to draw their + provisions from a distance were themselves exposed to the danger of want + and famine. Sir John Fastolffe was bringing up a large convoy of even kind + of stores, which he escorted with a detachment of two thousand five + hundred men; when he was attacked by a body of four thousand French, under + the command of the counts of Clermont and Dunois. Fastolffe drew up his + troops behind the wagons; but the French generals, afraid of attacking him + in that posture, planted a battery of cannon against him; which threw + every thing into confusion, and would have insured them the victory, had + not the impatience of some Scottish troops, who broke the line of battle, + brought on an engagement, in which Fastolffe was victorious. The count of + Dunois was wounded; and about five hundred French were left on the field + of battle. This action, which was of great importance in the present + conjuncture, was commonly called the battle of Herrings; because the + convoy brought a great quantity of that kind of provisions, for the use of + the English army during the Lent season.[*] + </p> + <p> + Charles seemed now to have but one expedient for saving this city, which + had been so long invested. The duke of Orleans, who was still prisoner in + England, prevailed on the protector and the council to consent that all + his demesnes should be allowed to preserve a neutrality during the war, + and should be sequestered, for greater security, into the hands of the + duke of Burgundy. This prince, who was much less cordial in the English + interests than formerly, went to Paris, and made the proposal to the duke + of Bedford; but the regent coldly replied, that he was not of a humor to + beat the bushes while others ran away with the game; an answer which so + disgusted the duke, that he recalled all the troops of Burgundy that acted + in the siege.[**] + </p> +<pre xml:space="preserve"> + * Hall, fol. 100. Monstrelet, vol. ii. p. 41, 42. Stowe, p. + 369. Holingshed, p. 600. Polyd. Virg. p. 469. Grafton, p. + 532. + + ** Hall, fol. 106. Monstrelet, vol. ii. p. 42. Stowe, p. 369. + Grafton, p. 533 +</pre> + <p> + This place, however, was every day more and more closely invested by the + English: great scarcity began already to be felt by the garrison and + inhabitants: Charles, in despair of collecting an army which should dare + to approach the enemy's intrenchments, not only gave the city for lost, + but began to entertain a very dismal prospect with regard to the general + state of his affairs. He saw that the country in which he had hitherto + with great difficulty subsisted, would be laid entirely open to the + invasion of a powerful and victorious enemy; and he already entertained + thoughts of retiring with the remains of his forces into Languedoc and + Dauphiny, and defending himself as long as possible in those remote + provinces. But it was fortunate for this good prince that, as he lay under + the dominion of the fair, the women whom he consulted had the spirit to + support his sinking resolution in this desperate extremity. Mary of Anjou, + his queen, a princess of great merit and prudence, vehemently opposed this + measure, which, she foresaw, would discourage all his partisans, and serve + as a general signal for deserting a prince who seemed himself to despair + of success. His mistress too, the fair Agnes Sorel, who lived in entire + amity with the queen, seconded all her remonstrances, and threatened that, + if he thus pusillanimously threw away the sceptre of France, she would + seek in the court of England a fortune more correspondent to her wishes. + Love was able to rouse in the breast of Charles that courage which + ambition had failed to excite: he resolved to dispute every inch of ground + with an imperious enemy, and rather to perish with honor in the midst of + his friends, than yield ingloriously to his bad fortune; when relief was + unexpectedly brought him by another female of a very different character, + who gave rise to one of the most singular revolutions that is to be met + with in history. + </p> + <p> + In the village of Domremi, near Vaucouleurs, on the borders of Lorraine, + there lived a country girl of twenty-seven years of age, called Joan + d'Arc, who was servant in a small inn, and who in that station had been + accustomed to tend the horses of the guests, to ride them without a saddle + to the watering-place, and to perform other offices which, in well + frequented inns, commonly fall to the share of the men servants.[*] + </p> +<pre xml:space="preserve"> + * Hall, fol. 107. Monstrelet, vol. ii. p. 42. Grafton, p. + 534. +</pre> + <p> + This girl was of an irreproachable life, and had not hitherto been + remarked for any singularity; whether that she had met with no occasion to + excite her genius, or that the unskilful eyes of those who conversed with + her had not been able to discern her uncommon merit. It is easy to + imagine, that the present situation of France was an interesting object + even to persons of the lowest rank, and would become the frequent subject + of conversation: a young prince, expelled his throne by the sedition of + native subjects, and by the arms of strangers, could not fail to move the + compassion of all his people whose hearts were uncorrupted by faction; and + the peculiar character of Charles, so strongly inclined to friendship and + the tender passions, naturally rendered him the hero of that sex whose + generous minds know no bounds in their affections. The siege of Orleans, + the progress of the English before that place, the great distress of the + garrison and inhabitants, the importance of saving this city and its brave + defenders, had turned thither the public eye; and Joan, inflamed by the + general sentiment, was seized with a wild desire of bringing relief to her + sovereign in his present distresses. Her unexperienced mind, working day + and night on this favorite object, mistook the impulses of passion for + heavenly inspirations; and she fancied that she saw visions, and heard + voices, exhorting her to reëstablish the throne of France, and to expel + the foreign invaders. An uncommon intrepidity of temper made her overlook + all the dangers which might attend her in such a path; and thinking + herself destined by Heaven to this office, she threw aside all that + bashfulness and timidity so natural to her sex, her years, and her low + station. She went to Vaucouleurs; procured admission to Baudricourt, the + governor; informed him of her inspirations and intentions; and conjured + him not to neglect the voice of God, who spoke through her, but to second + those heavenly revelations which impelled her to this glorious enterprise. + Baudricourt treated her at first with some neglect; but on her frequent + returns to him, and importunate solicitations, he began to remark + something extraordinary in the maid, and was inclined, at all hazards, to + make so easy an experiment. It is uncertain whether this gentleman had + discernment enough to perceive, that great use might be made with the + vulgar of so uncommon an engine; or, what is more likely in that credulous + age, was himself a convert to this visionary; but he adopted at last the + schemes of Joan; and he gave her some attendants, who conducted her to the + French court, which at that time resided at Chinon. + </p> + <p> + It is the business of history to distinguish between the miraculous and + the marvellous; to reject the first in all narrations merely profane and + human; to doubt the second; and when obliged by unquestionable testimony, + as in the present case, to admit of something extraordinary, to receive as + little of it as is consistent with the known facts and circumstances. It + is pretended, that Joan, immediately on her admission, knew the king, + though she had never seen his face before, and though he purposely kept + himself in the crowd of courtiers, and had laid aside every thing in his + dress and apparel which might distinguish him: that she offered him, in + the name of the supreme Creator, to raise the siege of Orleans, and + conduct him to Rheims to be there crowned and anointed; and on his + expressing doubts of her mission, revealed to him, before some sworn + confidants, a secret which was unknown to all the world beside himself, + and which nothing but a heavenly inspiration could have discovered to her: + and that she demanded, as the instrument of her future victories, a + particular sword, which was kept in the church of St. Catharine of + Fierbois, and which, though she had never seen it, she described by all + its marks, and by the place in which it had long lain neglected.[*] This + is certain, that all these miraculous stories were spread abroad, in order + to captivate the vulgar. The more the king and his ministers were + determined to give into the illusion, the more scruples they pretended. An + assembly of grave doctors and theologians cautiously examined Joan's + mission, and pronounced it undoubted and supernatural. She was sent to the + parliament, then residing at Poictiers; and was interrogated before that + assembly: the presidents, the counsellors, who came persuaded of her + imposture, went away convinced of her inspiration. A ray of hope began to + break through that despair in which the minds of all men were before + enveloped. Heaven had now declared itself in favor of France, and had laid + bare its outstretched arm to take vengeance on her invaders. Few could + distinguish between the impulse of inclination and the force of + conviction; and none would submit to the trouble of so disagreeable a + scrutiny. + </p> +<pre xml:space="preserve"> + * Hall, fol. 107. Holingshed, p. 600. +</pre> + <p> + After these artificial precautions and preparations had been for some time + employed, Joan's requests were at last complied with: she was armed + cap-à-pie, mounted on horseback, and shown in that martial habiliment + before the whole people. Her dexterity in managing her steed, though + acquired in her former occupation, was regarded as a fresh proof of her + mission; and she was received with the loudest acclamations by the + spectators. Her former occupation was even denied: she was no longer the + servant of an inn. She was converted into a shepherdess, an employment + much more agreeable to the imagination. To render her still more + interesting, near ten years were subtracted from her age; and all the + sentiments of love and of chivalry were thus united to those of + enthusiasm, in order to inflame the fond fancy of the people with + prepossessions in her favor. + </p> + <p> + When the engine was thus dressed up in full splendor, it was determined to + essay its force against the enemy. Joan was sent to Blois, where a large + convoy was prepared for the supply of Orleans, and an army of ten thousand + men, under the command of St. Severe, assembled to escort it. She ordered + all the soldiers to confess themselves before they set out on the + enterprise: she banished from the camp all women of bad fame: she + displayed in her hands a consecrated banner, where the Supreme Being was + represented, grasping the globe or earth, and surrounded with flower de + luces. And she insisted, in right of her prophetic mission, that the + convoy should enter Orleans by the direct road from the side of Beausse: + but the count of Dunois, unwilling to submit the rules of the military art + to her inspirations, ordered it to approach by the other side of the + river, where he knew the weakest part of the English army was stationed. + </p> + <p> + Previous to this attempt, the maid had written to the regent, and to the + English generals before Orleans, commanding them, in the name of the + omnipotent Creator, by whom she was commissioned, immediately to raise the + siege; and to evacuate France; and menacing them with divine vengeance in + case of their disobedience. All the English affected to speak with + derision of the maid, and of her heavenly commission; and said, that the + French king was now indeed reduced to a sorry pass, when he had recourse + to such ridiculous expedients: but they felt their imagination secretly + struck with the vehement persuasion which prevailed in all around them; + and they waited with an anxious expectation, not unmixed with horror, for + the issue of these extraordinary preparations. + </p> + <p> + As the convoy approached the river, a sally was made by the garrison on + the side of Beausse, to prevent the English general from sending any + detachment to the other side: the provisions were peaceably embarked in + boats, which the inhabitants of Orleans had sent to receive them: the maid + covered with her troops the embarkation: Suffolk did not venture to attack + her: and the French general carried back the army in safety to Blois; an + alteration of affairs which was already visible to all the world, and + which had a proportional effect on the minds of both parties. + </p> + <p> + The maid entered the city of Orleans, arrayed in her military garb, and + displaying her consecrated standard; and was received as a celestial + deliverer by all the inhabitants. They now believed themselves invincible + under her influence; and Dunois himself, perceiving such a mighty + alteration both in friends and foes, consented, that the next convoy, + which was expected in a few days, should enter by the side of Beausse. The + convoy approached: no sign of resistance appeared in the besiegers: the + wagons and troops passed without interruption between the redoubts of the + English: a dead silence and astonishment reigned among those troops, + formerly so elated with victory, and so fierce for the combat. + </p> + <p> + The earl of Suffolk was in a situation very unusual and extraordinary, and + which might well confound the man of the greatest capacity and firmest + temper. He saw his troops overawed, and strongly impressed with the idea + of a divine influence accompanying the maid. Instead of banishing these + vain terrors by hurry, and action, and war, he waited till the soldiers + should recover from the panic; and he thereby gave leisure for those + prepossessions to sink still deeper into their minds. The military maxims + which are prudent in common cases, deceived him in these unaccountable + events. The English felt their courage daunted and overwhelmed; and thence + inferred a divine vengeance hanging over them. The French drew the same + inference from an inactivity so new and unexpected. Every circumstance was + now reversed in the opinions of men, on which all depends: the spirit + resulting from a long course of uninterrupted success, was on a sudden + transferred from the victors to the vanquished. + </p> + <p> + The maid called aloud, that the garrison should remain no longer on the + defensive; and she promised her followers the assistance of Heaven in + attacking those redoubts of the enemy which had so long kept them in awe, + and which they had never hitherto dared to insult. The generals seconded + her ardor: an attack was made on one redoubt, and it proved successful:[*] + all the English who defended the intrenchments were put to the sword or + taken prisoners: and Sir John Talbot himself, who had drawn together, from + the other redoubts, some troops to bring them relief, durst not appear in + the open field against so formidable an enemy. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 45. +</pre> + <p> + Nothing, after this success, seemed impossible to the maid and her + enthusiastic votaries. She urged the generals to attack the main body of + the English in their intrenchments, but Dunois, still unwilling to hazard + the fate of France by too great temerity, and sensible that the least + reverse of fortune would make all the present visions evaporate, and + restore every thing to its former condition, checked her vehemence and + proposed to her first to expel the enemy from their forts on the other + side of the river, and thus lay the communication with the country + entirely open, before she attempted any more hazardous enterprise. Joan + was persuaded, and these forts were vigorously assailed. In one attack the + French were repulsed; the maid was left almost alone; she was obliged to + retreat, and join the runaways; but, displaying her sacred standard, and + animating them with her countenance, her gestures, her exhortations, she + led them back to the charge, and overpowered the English in their + intrenchments. In the attack of another fort, she was wounded in the neck + with an arrow; she retreated a moment behind the assailants; she pulled + out the arrow with her own hands; she had the wound quickly dressed; and + she hastened back to head the troops, and to plant her victorious banner + on the ramparts of the enemy. + </p> + <p> + By all these successes, the English were entirely chased from their + fortifications on that side: they had lost above six thousand men in these + different actions; and, what was still more important, their wonted + courage and confidence were wholly gone, and had given place to amazement + and despair. The maid returned triumphant over the bridge, and was again + received as the guardian angel of the city. After performing such + miracles, she convinced the most obdurate incredulity of her divine + mission: men felt themselves animated as by a superior energy, and thought + nothing impossible to that divine hand which so visibly conducted them. It + was in vain even for the English generals to oppose with their soldiers + the prevailing opinion of supernatural influence: they themselves were + probably moved by the same belief: the utmost they dared to advance was, + that Joan was not an instrument of God; she was only the implement of the + devil: but as the English had felt, to their sad experience, that the + devil might be allowed sometimes to prevail, they derived not much + consolation from the enforcing of this opinion. + </p> + <p> + It might prove extremely dangerous for Suffolk, with such intimidated + troops, to remain any longer in the presence of so courageous and + victorious an enemy; he therefore raised the siege, and retreated with all + the precaution imaginable. The French resolved to push their conquests, + and to allow the English no leisure to recover from their consternation. + Charles formed a body of six thousand men, and sent them to attack + Jergeau, whither Suffolk had retired with a detachment of his army. The + siege lasted ten days; and the place was obstinately defended. Joan + displayed her wonted intrepidity on the occasion. She descended into the + fosse, in leading the attack: and she there received a blow on the head + with a stone, by which she was confounded and beaten to the ground: but + she soon recovered herself, and in the end rendered the assault + successful: Suffolk was obliged to yield himself prisoner to a Frenchman + called Renaud; but before he submitted, he asked his adversary whether he + were a gentleman. On receiving a satisfactory answer, he demanded whether + he were a knight. Renaud replied, that he had not yet attained that honor. + "Then I make you one," replied Suffolk; upon which he gave him the blow + with his sword which dubbed him into that fraternity; and he immediately + surrendered himself his prisoner. + </p> + <p> + The remainder of the English army was commanded by Fastolffe, Scales, and + Talbot, who thought of nothing but of making their retreat, as soon as + possible, into a place of safety; while the French esteemed the overtaking + them equivalent to a victory; so much had the events which passed before + Orleans altered every thing between the two nations! The vanguard of the + French under Richemont and Xaintrailles attacked the rear of the enemy at + the village of Patay. The battle lasted not a moment: the English were + discomfited and fled: the brave Fastolffe himself showed the example of + flight to his troops; and the order of the garter was taken from him, as a + punishment for this instance of cowardice.[*] Two thousand men were killed + in this action, and both Talbot and Scales taken prisoners. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 46. +</pre> + <p> + In the account of all these successes, the French writers, to magnify the + wonder, represent the maid (who was now known by the appellation of "the + Maid of Orleans") as not only active in combat, but as performing the + office of general; directing the troops, conducting the military + operations, and swaying the deliberations in all councils of war. It is + certain that the policy of the French court endeavored to maintain this + appearance with the public: but it is much more probable, that Dunois and + the wiser commanders prompted her in all her measures, than that a country + girl, without experience of education, could on a sudden become expert in + a profession which requires more genius and capacity than any other active + scene of life. It is sufficient praise, that she could distinguish the + persons on whose judgment she might rely; that she could seize their hints + and suggestions, and on a sudden, deliver their opinions as her own; and + that she could curb, on occasion, that visionary and enthusiastic spirit + with which she was actuated, and could temper it with prudence and + discretion. + </p> + <p> + The raising of the siege of Orleans was one part of the maid's promise to + Charles: the crowning of him at Rheims was the other: and she now + vehemently insisted that he should forthwith set out on that enterprise. A + few weeks before, such a proposal would have appeared the most extravagant + in the world. Rheims lay in a distant quarter of the kingdom; was then in + the hands of a victorious enemy; the whole road which led to it was + occupied by their garrisons; and no man could be so sanguine as to imagine + that such an attempt could so soon come within the bounds of possibility. + But as it was extremely the interest of Charles to maintain the belief of + something extraordinary and divine in these events, and to avail himself + of the present consternation of the English, he resolved to follow the + exhortations of his warlike prophetess, and to lead his army upon this + promising adventure. Hitherto he had kept remote from the scene of war: as + the safety of the state depended upon his person, he had been persuaded to + restrain his military ardor: but observing this prosperous turn of + affairs, he now determined to appear at the head of his armies, and to set + the example of valor to all his soldiers, And the French nobility saw at + once their young sovereign assuming a new and more brilliant character, + seconded by fortune, and conducted by the hand of Heaven, and they caught + fresh zeal to exert themselves in replacing him on the throne of his + ancestors. + </p> + <p> + Charles set out for Rheims at the head of twelve thousand men: he passed + by Troye, which opened its gates to him; Chalons imitated the example: + Rheims sent him a deputation with its keys, before his approach to it: and + he scarcely perceived, as he passed along, that he was marching through an + enemy's country. The ceremony of his coronation was here performed[*] with + the holy oil, which a pigeon had brought to King Clovis from heaven, on + the first establishment of the French monarchy: the maid of Orleans stood + by his side in complete armor, and displayed her sacred banner, which had + so often dissipated and confounded his fiercest enemies: and the people + shouted with the most unfeigned joy, on viewing such a complication of + wonders. After the completion of the ceremony, the maid threw herself at + the king's feet, embraced his knees, and with a flood of tears, which + pleasure and tenderness extorted from her, she congratulated him on this + singular and marvellous event. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 48. +</pre> + <p> + Charles, thus crowned and anointed, became more respectable in the eyes of + all his subjects, and seemed, in a manner, to receive anew, from a + heavenly commission, his title to their allegiance. The inclinations of + men swaying their belief, no one doubted of the inspirations and prophetic + spirit of the maid: so many incidents which passed all human + comprehension, left little room to question a superior influence: and the + real and undoubted facts brought credit to every exaggeration, which could + scarcely be rendered more wonderful. Laon, Soissons, Chateau-Thierri, + Provins, and many other towns and fortresses in that neighborhood, + immediately after Charles's coronation, submitted to him on the first + summons; and the whole nation was disposed to give him the most zealous + testimonies of their duty and affection. + </p> + <p> + Nothing can impress us with a higher idea of the wisdom, address, and + resolution of the duke of Bedford, than his being able to maintain himself + in so perilous a situation, and to preserve some footing in France, after + the defection of so many places, and amidst the universal inclination of + the rest to imitate that contagious example. This prince seemed present + every where by his vigilance and foresight: he employed every resource + which fortune had yet left him: he put all the English garrisons in a + posture of defence: he kept a watchful eye over every attempt among the + French towards an insurrection: he retained the Parisians in obedience, by + alternately employing caresses and severity: and knowing that the duke of + Burgundy was already wavering in his fidelity, he acted with so much skill + and prudence, as to renew, in this dangerous crisis, his alliance with + that prince; an alliance of the utmost importance to the credit and + support of the English government. + </p> + <p> + The small supplies which he received from England set the talents of this + great man in a still stronger light. The ardor of the English for foreign + conquests was now extremely abated by time and reflection: the parliament + seems even to have become sensible of the danger which might attend their + further progress: no supply of money could be obtained by the regent + during his greatest distresses: and men enlisted slowly under his + standard, or soon deserted, by reason of the wonderful accounts which had + reached England, of the magic and sorcery, and diabolical power of the + maid of Orleans.[*] It happened fortunately, in this emergency, that the + bishop of Winchester, now created a cardinal, landed at Calais with a body + of five thousand men, which he was conducting into Bohemia, on a crusade + against the Hussites. He was persuaded to lend these troops to his nephew + during the present difficulties;[**] and the regent was thereby enabled to + take the field, and to oppose the French king, who was advancing with his + army to the gates of Paris. + </p> + <p> + The extraordinary capacity of the duke of Bedford appeared also in his + military operations. He attempted to restore the courage of his troops by + boldly advancing to the face of the enemy; but he chose his posts with so + much caution, as always to decline a combat, and to render it impossible + for Charles to attack him. He still attended that prince in all his + movements; covered his own towns and garrisons; and kept himself in a + posture to reap advantage from every imprudence or false step of the + enemy. The French army, which consisted mostly of volunteers, who served + at their own expense, soon after retired and was disbanded: Charles went + to Bourges, the ordinary place of his residence; but not till he made + himself master of Compiegne, Beauvais, Senlis, Sens, Laval, Lagni, St. + Denis, and of many places in the neighborhood of Paris, which the + affections of the people had put into his hands. + </p> + <p class="side"> + 1430. + </p> + <p> + The regent endeavored to revive the declining state of his affairs, by + bringing over the young king of England, and having him crowned and + anointed at Paris,[***] All the vassals of the crown who lived within the + provinces possessed by the English, swore anew allegiance, and did homage + to him. + </p> +<pre xml:space="preserve"> + * Rymer, vol. x. p. 459, 472. + + ** Rymer, vol. x. p. 421. + + *** Rymer, vol. x. p 432. +</pre> + <p> + But this ceremony was cold and insipid, compared with the lustre which had + attended the coronation of Charles at Rheims; and the duke of Bedford + expected more effect from an accident, which put into his hands the person + that had been the author of all his calamities. + </p> + <p> + The maid of Orleans, after the coronation of Charles, declared to the + count of Dunois that her wishes were now fully gratified, and that she had + no further desire than to return to her former condition, and to the + occupation and course of life which became her sex: but that nobleman, + sensible of the great advantages which might still be reaped from her + presence in the army, exhorted her to persevere, till, by the final + expulsion of the English, she had brought all her prophecies to their full + completion. In pursuance of this advice, she threw herself into the town + of Compiegne, which was at that time besieged by the duke of Burgundy, + assisted by the earls of Arundel and Suffolk; and the garrison, on her + appearance, believed themselves thenceforth invincible. But their joy was + of short duration. The maid, next day after her arrival, headed a sally + upon the quarters of John of Luxembourg; she twice drove the enemy from + their intrenchments; finding their numbers to increase every moment, she + ordered a retreat; when hard pressed by the pursuers, she turned upon + them, and made them again recoil; but being here deserted by her friends, + and surrounded by the enemy, she was at last, after exerting the utmost + valor, taken prisoner by the Burgundians.[*] The common opinion was, that + the French officers, finding the merit of every victory ascribed to her, + had, in envy to her renown, by which they were themselves so much + eclipsed, willingly exposed her to this fatal accident. + </p> +<pre xml:space="preserve"> + * Stowe, p. 371. +</pre> + <p> + The envy of her friends, on this occasion, was not a greater proof of her + merit than the triumph of her enemies. A complete victory would not have + given more joy to the English and their partisans. The service of Te Deum, + which has so often been profaned by princes, was publicly celebrated on + this fortunate event at Paris. The duke of Bedford fancied that, by the + captivity of that extraordinary woman, who had blasted all his successes, + he should again recover his former ascendant over France; and to push + farther the present advantage, he purchased the captive from John of + Luxembourg, and formed a prosecution against her, which, whether it + proceeded from vengeance or policy, was equally barbarous and + dishonorable. + </p> + <p class="side"> + 1431. + </p> + <p> + There was no possible reason why Joan should not be regarded as a prisoner + of war, and be entitled to all the courtesy and good usage which civilized + nations practise towards enemies on these occasions. She had never, in her + military capacity, forfeited, by any act of treachery or cruelty, her + claim to that treatment: she was unstained by any civil crime: even the + virtues and the very decorums of her sex had ever been rigidly observed by + her: and though her appearing in war, and leading armies to battle, may + seem an exception, she had thereby performed such signal service to her + prince, that she had abundantly compensated for this irregularity; and + was, on that very account, the more an object of praise and admiration. It + was necessary, therefore, for the duke of Bedford to interest religion + some way in the prosecution, and to cover under that cloak his violation + of justice and humanity. + </p> + <p> + <a name="linkimage-0013" id="linkimage-0013"> + <!-- IMG --></a> <a href="images/1_272_joan_darc.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_272_joan_darc_th.jpg" title="Joan D'Arc" + alt="1_272_joan_darc.jpg Joan D'Arc " width="100%" /><br /> + </div> + <p> + The bishop of Beauvais, a man wholly devoted to the English interests, + presented a petition against Joan, on pretence that she was taken within + the bounds of his diocese; and he desired to have her tried by an + ecclesiastical court for sorcery, impiety, idolatry, and magic: the + university of Paris was so mean as to join in the same request: several + prelates, among whom the cardinal of Winchester was the only Englishman, + were appointed her judges: they held their court in Rouen, where the young + king of England then resided: and the maid, clothed in her former military + apparel, but loaded with irons, was produced before this tribunal. + </p> + <p> + She first desired to be eased of her chains: her judges answered, that she + had once already attempted an escape by throwing herself from a tower: she + confessed the fact, maintained the justice of her intention, and owned + that, if she could, she would still execute that purpose. All her other + speeches showed the same firmness and intrepidity: though harassed with + interrogatories during the course of near four months, she never betrayed + any weakness or womanish submission; and no advantage was gained over her. + The point which her judges pushed most vehemently, was her visions and + revelations, and intercourse with departed saints; and they asked her, + whether she would submit to the church the truth of these inspirations: + she replied, that she would submit them to God, the fountain of truth. + They then exclaimed, that she was a heretic, and denied the authority of + the church. She appealed to the pope: they rejected her appeal. + </p> + <p> + They asked her, why she put trust in her standard, which had been + consecrated by magical incantations: she replied that she put trust in the + Supreme Being alone, whose image was impressed upon it. They demanded, why + she carried in her hand that standard at the anointment and coronation of + Charles at Rheims: she answered, that the person who had shared the danger + was entitled to share the glory. When accused of going to war, contrary to + the decorums of her sex, and of assuming government and command over men, + she scrupled not to reply, that her sole purpose was to defeat the + English, and to expel them the kingdom. In the issue, she was condemned + for all the crimes of which she had been accused, aggravated by heresy; + her revelations were declared to be inventions of the devil to delude the + people; and she was sentenced to be delivered over to the secular arm. + </p> + <p> + Joan, so long surrounded by inveterate enemies, who treated her with every + mark of contumely; browbeaten and overawed by men of superior rank, and + men invested with the ensigns of a sacred character, which she had been + accustomed to revere, felt her spirit at last subdued; and those visionary + dreams of inspiration, in which she had been buoyed up by the triumphs of + success and the applauses of her own party, gave way to the terrors of + that punishment to which she was sentenced. She publicly declared herself + willing to recant: she acknowledged the illusion of those revelations + which the church had rejected; and she promised never more to maintain + them. Her sentence was then mitigated: she was condemned to perpetual + imprisonment, and to be fed during life on bread and water. + </p> + <p> + Enough was now done to fulfil all political views, and to convince both + the French and the English, that the opinion of divine influence, which + had so much encouraged the one and daunted the other, was entirely without + foundation. But the barbarous vengeance of Joan's enemies was not + satisfied with this victory. Suspecting that the female dress, which she + had now consented to wear, was disagreeable to her, they purposely placed + in her apartment a suit of men's apparel; and watched for the effects of + that temptation upon her. On the sight of a dress in which she had + acquired so much renown, and which, she once believed, she wore by the + particular appointment of Heaven, all her former ideas and passions + revived; and she ventured in her solitude to clothe herself again in the + forbidden garment. Her insidious enemies caught her in that situation: her + fault was interpreted to be no less than a relapse into heresy: no + recantation would now suffice; and no pardon could be granted her. She was + condemned to be burned in the market-place of Rouen; and the infamous + sentence was accordingly executed. This admirable heroine, to whom the + more generous superstition of the ancients would have erected altars, was, + on pretence of heresy and magic, delivered over alive to the flames, and + expiated, by that dreadful punishment, the signal services which she had + rendered to her prince and to her native country. + </p> + <p class="side"> + 1432. + </p> + <p> + The affairs of the English, far from being advanced by this execution, + went every day more and more to decay: the great abilities of the regent + were unable to resist the strong inclination which had seized the French + to return under the obedience of their rightful sovereign, and which that + act of cruelty was ill fitted to remove. Chartres was surprised, by a + stratagem of the count of Dunois: a body of the English, under Lord + Willoughby, was defeated at St. Celerin upon the Sarte:[*] the fair in the + suburbs of Caen, seated in the midst of the English territories, was + pillaged by De Lore, a French officer: the duke of Bedford himself was + obliged by Dunois to raise the siege of Lagni with some loss of + reputation: and all these misfortunes, though light, yet being continued + and uninterrupted, brought discredit on the English, and menaced them with + an approaching revolution. But the chief detriment which the regent + sustained, was by the death of his duchess, who had hitherto preserved + some appearance of friendship between him and her brother, the duke of + Burgundy:[**] and his marriage, soon afterwards, with Jaqueline of + Luxembourg, was the beginning of a breach between them.[***] Philip + complained, that the regent had never had the civility to inform him of + his intentions, and that so sudden a marriage was a slight on his sister's + memory. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 100. + + ** Monstrolet, vol. ii. p. 87. + + *** Stowe, p. 373. Grafton, p. 554. +</pre> + <p> + The cardinal of Winchester meditated a reconciliation between these + princes, and brought both of them to St. Omers for that purpose. The duke + of Bedford here expected the first visit, both as he was son, brother, and + uncle to a king, and because he had already made such advances as to come + into the duke of Burgundy's territories, in order to have an interview + with him: but Philip, proud of his great power and independent dominions, + refused to pay this compliment to the regent; and the two princes, unable + to adjust the ceremonial, parted without seeing each other.[*] A bad + prognostic of their cordial intentions to renew past amity! + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 90. Grafton, p. 561. +</pre> + <p> + Nothing could be more repugnant to the interests of the house of Burgundy, + than to unite the crowns of France and England on the same head; an event + which, had it taken place, would have reduced the duke to the rank of a + petty prince, and have rendered his situation entirely dependent and + precarious. The title also to the crown of France, which, after the + failure of the elder branches, might accrue to the duke or his posterity, + had been sacrificed by the treaty of Troye; and strangers and enemies were + thereby irrevocably fixed upon the throne. Revenge alone had carried + Philip into these impolitic measures; and a point of honor had hitherto + induced him to maintain them. But as it is the nature of passion gradually + to decay, while the sense of interest maintains a permanent influence and + authority, the duke had, for some years, appeared sensibly to relent in + his animosity against Charles, and to hearken willingly to the apologies + made by that prince for the murder of the late duke of Burgundy. His + extreme youth was pleaded in his favor; his incapacity to judge for + himself; the ascendant gained over him by his ministers; and his inability + to resent a deed which, without his knowledge, had been perpetrated by + those under whose guidance he was then placed. The more to flatter the + pride of Philip, the king of France had banished from his court and + presence Tanegui de Chatel, and all those who were concerned in that + assassination; and had offered to make every other atonement which could + be required of him. The distress which Charles had already suffered, had + tended to gratify the duke's revenge; the miseries to which France had + been so long exposed, had begun to move his compassion; and the cries of + all Europe admonished him, that his resentment, which might hitherto be + deemed pious, would, if carried further, be universally condemned as + barbarous and unrelenting. While the duke was in this disposition, every + disgust which he received from England made a double impression upon him; + the entreaties of the count of Richemont and the duke of Bourbon, who had + married his two sisters, had weight; and he finally determined to unite + himself to the royal family of France, from which his own was descended. + </p> + <p class="side"> + 1435. + </p> + <p> + For this purpose, a congress was appointed at Arras under the mediation of + deputies from the pope and the council of Basle: the duke of Burgundy came + thither in person: the duke of Bourbon, the count of Richemont, and other + persons of high rank, appeared as ambassadors from France: and the English + having also been invited to attend, the cardinal of Winchester, the + bishops of Norwich and St. David's, the earls of Huntingdon and Suffolk, + with others, received from the protector and council a commission for that + purpose.[*] + </p> + <p> + The conferences were held in the abbey of St. Vaast, and began with + discussing the proposals of the two crowns which were so wide of each + other as to admit of no hopes of accommodation. France offered to cede + Normandy with Guienne, but both of them loaded with the usual homage and + vassalage to the crown. As the claims of England upon France were + universally unpopular in Europe, the mediators declared the offers of + Charles very reasonable, and the cardinal of Winchester, with the other + English ambassadors, without giving a particular detail of their demands, + immediately left the congress. There remained nothing but to discuss the + mutual pretensions of Charles and Philip. These were easily adjusted: the + vassal was in a situation to give law to his superior; and he exacted + conditions which, had it not been for the present necessity, would have + been deemed, to the last degree, dishonorable and disadvantageous to the + crown of France. Besides making repeated atonements and acknowledgments + for the murder of the duke of Burgundy, Charles was obliged to cede all + the towns of Picardy which lay between the Somme and the Low Countries; he + yielded several other territories; he agreed that these and all the other + dominions of Philip should be held by him, during his life, without doing + any homage, or swearing fealty to the present king; and he freed his + subjects from all obligations to allegiance, if ever he infringed this + treaty.[**] Such were the conditions upon which France purchased the + friendship of the duke of Burgundy. + </p> +<pre xml:space="preserve"> + * Rymer, vol. x. p. 611, 612. + + ** Monstrelet, vol ii. p. 112. Grafton, p. 565. +</pre> + <p> + The duke sent a herald to England with a letter, in which he notified the + conclusion of the treaty of Arras, and apologized for his departure from + that of Troye. The council received the herald with great coldness: they + even assigned him his lodgings in a shoemaker's house, by way of insult; + and the populace were so incensed, that if the duke of Glocester had not + given him guards, his life had been exposed to danger when he appeared in + the streets. The Flemings, and other subjects of Philip, were insulted, + and some of them murdered by the Londoners; and every thing seemed to tend + towards a rupture between the two nations.[*] These violences were not + disagreeable to the duke of Burgundy; as they afforded him a pretence for + the further measures which he intended to take against the English, whom + he now regarded as implacable and dangerous enemies. + </p> + <p> + A few days after the duke of Bedford received intelligence of this treaty, + so fatal to the interests of England, he died at Rouen; a prince of great + abilities, and of many virtues; and whose memory, except from the + barbarous execution of the maid of Orleans, was unsullied by any + considerable blemish. Isabella, queen of France, died a little before him, + despised by the English, detested by the French, and reduced, in her + latter years, to regard with an unnatural horror the progress and success + of her own son, in recovering possession of his kingdom. This period was + also signalized by the death of the earl of Arundel,[**] a great English + general, who, though he commanded three thousand men, was foiled by + Xaintrailles at the head of six hundred, and soon after expired of the + wounds which he received in the action. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 120. Holing. p. 612. + + ** Monstrelet, vol. ii. p. 105. Holing, p. 610. +</pre> + <p class="side"> + 1436 + </p> + <p> + The violent factions which prevailed between the duke of Glocester and the + cardinal of Winchester, prevented the English from taking the proper + measures for repairing these multiplied losses, and threw all their + affairs into confusion. The popularity of the duke, and his near relation + to the crown, gave him advantages in the contest, which he often lost by + his open and unguarded temper, unfit to struggle with the politic and + interested spirit of his rival. The balance, meanwhile, of these parties, + kept every thing in suspense; foreign affairs were much neglected; and + though the duke of York, son to that earl of Cambridge who was executed in + the beginning of the last reign, was appointed successor to the duke of + Bedford, it was seven months before his commission passed the seals; and + the English remained so long in an enemy's country, without a proper head + or governor. + </p> + <p> + The new governor, on his arrival, found the capital already lost. The + Parisians had always been more attached to the Burgundian than to the + English interest; and after the conclusion of the treaty of Arras, their + affections, without any further control, universally led them to return to + their allegiance under their native sovereign. The constable, together + with Lile-Adam, the same person who had before put Paris into the hands of + the duke of Burgundy, was introduced in the night-time by intelligence + with the citizens: Lord Willoughby, who commanded only a small garrison of + fifteen hundred men, was expelled: this nobleman discovered valor and + presence of mind on the occasion; but unable to guard so large a place + against such multitudes, he retired into the Bastile, and being there + invested, he delivered up that fortress, and was contented to stipulate + for the safe retreat of his troops into Normandy.[*] + </p> + <p> + In the same season, the duke of Burgundy openly took part against England, + and commenced hostilities by the siege of Calais, the only place which now + gave the English any sure hold of France, and still rendered them + dangerous. As he was beloved among his own subjects, and had acquired the + epithet of Good, from his popular qualities, he was able to interest all + the inhabitants of the Low Countries in the success of this enterprise; + and he invested that place with an army formidable from its numbers, but + without experience, discipline, or military spirit.[**] On the first alarm + of this siege, the duke of Glocester assembled some forces, sent a + defiance to Philip, and challenged him to wait the event of a battle, + which he promised to give, as soon as the wind would permit him to reach + Calais. The warlike genius of the English had at that time rendered them + terrible to all the northern parts of Europe; especially to the Flemings, + who were more expert in manufactures than in arms; and the duke of + Burgundy, being already foiled in some attempts before Calais, and + observing the discontent and terror of his own army, thought proper to + raise the siege, and to retreat before the arrival of the enemy.[***] + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. ii. p. 127. Grafton, p. 568. + + ** Monstrelet, vol. ii, p. 126, 130, 132. Holing. p. 613. + Grafton, p 571. + + *** Monstrelet, vol. ii. p. 136. Holing. p. 614. +</pre> + <p> + The English were still masters of many fine provinces in France; but + retained possession more by the extreme weakness of Charles, than by the + strength of their own garrisons or the force of their armies. Nothing, + indeed, can be more surprising than the feeble efforts made, during the + course of several years, by these two potent nations against each other + while the one struggled for independence, and the other aspired to a total + conquest of its rival. The general want of industry, commerce, and police + in that age, had rendered all the European nations, and France and England + no less than the others, unfit for bearing the burdens of war, when it was + prolonged beyond one season; and the continuance of hostilities had, long + ere this time, exhausted the force and patience of both kingdoms. Scarcely + could the appearance of an army be brought into the field on either side; + and all the operations consisted in the surprisal of places, in the + rencounter of detached parties, and in incursions upon the open country; + which were performed by small bodies, assembled on a sudden from the + neighboring garrisons. In this method of conducting the war, the French + king had much the advantage: the affections of the people were entirely on + his side: intelligence was early brought him of the state and motions of + the enemy: the inhabitants were ready to join in any attempts against the + garrisons: and thus ground was continually, though slowly, gained upon the + English. The duke of York, who was a prince of abilities, struggled + against these difficulties during the course of five years; and being + assisted by the valor of Lord Talbot, soon after created earl of + Shrewsbury, he performed actions which acquired him honor, but merit not + the attention of posterity. It would have been well, had this feeble war, + in sparing the blood of the people, prevented likewise all other + oppressions; and had the fury of men, which reason and justice cannot + restrain, thus happily received a check from their impotence and + inability. But the French and English, though they exerted such small + force, were, however, stretching beyond their resources, which were still + smaller; and the troops, destitute of pay, were obliged to subsist by + plundering and oppressing the country, both of friends and enemies. The + fields in all the north of France, which was the seat of war, were laid + waste and left uncultivated.[*] + </p> +<pre xml:space="preserve"> + * Grafton, p 562. +</pre> + <p class="side"> + 1440. + </p> + <p> + The cities were gradually depopulated, not by the blood spilt in battle, + but by the more destructive pillage of the garrisons;[*] and both parties, + weary of hostilities which decided nothing, seemed at last desirous of + peace, and they set on foot negotiations for that purpose. But the + proposals of France, and the demands of England, were still so wide of + each other, that all hope of accommodation immediately vanished. The + English ambassadors demanded restitution of all the provinces which had + once been annexed to England, together with the final cession of Calais + and its district; and required the possession of these extensive + territories without the burden of any fealty or homage on the part of + their prince: the French offered only part of Guienne, part of Normandy, + and Calais, loaded with the usual burdens. It appeared in vain to continue + the negotiation while there was so little prospect of agreement. The + English were still too haughty to stoop from the vast hopes which they had + formerly entertained, and to accept of terms more suitable to the present + condition of the two kingdoms. + </p> + <p> + The duke of York soon after resigned his government to the earl of + Warwick, a nobleman of reputation, whom death prevented from long enjoying + this dignity. The duke, upon the demise of that nobleman, returned to his + charge; and during his administration, a truce was concluded between the + king of England and the duke of Burgundy, which had become necessary for + the commercial interests of their subjects.[**] The war with France + continued in the same languid and feeble state as before. + </p> + <p> + The captivity of five princes of the blood, taken prisoners in the battle + of Azincour, was a considerable advantage, which England long enjoyed over + its enemy; but this superiority was now entirely lost. Some of these + princes had died; some had been ransomed; and the duke of Orleans, the + most powerful among them, was the last that remained in the hands of the + English. He offered the sum of fifty-four thousand nobles[***] for his + liberty; and when this proposal was laid before the council of England, as + every question was there an object of faction, the party of the duke of + Glocester, and that of the cardinal of Winchester, were divided in their + sentiments with regard to it. + </p> +<pre xml:space="preserve"> + * Fortescue, who soon after this period visited France, in + the train of Prince Henry, speaks of that kingdom as a + desert, in comparison of England. See his treatise De + Laudibus Legum Angliæ. Though we make allowance for the + partialities of Fortescue, there must have been some + foundation for his account; and these destructive wars are + the most likely reason to be assigned for the difference + remarked by this author. + + ** Grafton, p. 673. + + *** Rymer, vol. x. p. 764, 776, 782, 795, 796. This sum was + equal to thirty-six thousand pounds sterling of our present + money. A subsidy of a tenth and fifteenth was fixed by + Edward III. at twenty-nine thousand pounds, which, in the + reign of Henry VI., made only fifty-eight thousand pounds of + our present money. The parliament granted only one subsidy + during the course of seven years, from 1437 to 1444. +</pre> + <p> + The duke reminded the council of the dying advice of the late king, that + none of these prisoners should on any account be released, till his son + should be of sufficient age to hold himself the reins of government. The + cardinal insisted on the greatness of the sum offered, which, in reality, + was nearly equal to two thirds of all the extraordinary supplies that the + parliament, during the course of seven years, granted for the support of + the war. And he added, that the release of this prince was more likely to + be advantageous than prejudicial to the English interests; by filling the + court of France with faction, and giving a head to those numerous + malecontents whom Charles was at present able with great difficulty to + restrain. The cardinal's party, as usual, prevailed: the duke of Orleans + was released, after a melancholy captivity of twenty-five years:[*] and + the duke of Burgundy, as a pledge of his entire reconciliation with the + family of Orleans, facilitated to that prince the payment of his ransom. + It must be confessed, that the princes and nobility, in those ages, went + to war on very disadvantageous terms. If they were taken prisoners, they + either remained in captivity during life, or purchased their liberty at + the price which the victors were pleased to impose, and which often + reduced their families to want and beggary. + </p> +<pre xml:space="preserve"> + * Grafton, p. 578. +</pre> + <p class="side"> + 1443. + </p> + <p> + The sentiments of the cardinal, some time after, prevailed in another + point of still greater moment. That prelate had always encouraged every + proposal of accommodation with France; and had represented the utter + impossibility, in the present circumstances, of pushing farther the + conquests in that kingdom, and the great difficulty of even maintaining + those which were already made. He insisted on the extreme reluctance of + the parliament to grant supplies; the disorders in which the English + affairs in Normandy were involved; the daily progress made by the French + king; and the advantage of stopping his hand by a temporary accommodation + which might leave room for time and accidents to operate in favor of the + English. The duke of Glocester, high-spirited and haughty, and educated in + the lofty pretensions which the first successes of his two brothers had + rendered familiar to him, could not yet be induced to relinquish all hopes + of prevailing over France; much less could he see with patience his own + opinion thwarted and rejected by the influence of his rival in the English + council. But, notwithstanding his opposition, the earl of Suffolk, a + nobleman who adhered to the cardinal's party, was despatched to Tours, in + order to negotiate with the French ministers. It was found impossible to + adjust the terms of a lasting peace; but a truce for twenty-two months was + concluded, which left every thing on the present footing between the + parties. The numerous disorders under which the French government labored, + and which time alone could remedy, induced Charles to assent to this + truce; and the same motives engaged him afterwards to prolong it.[*] But + Suffolk, not content with executing this object of his commission, + proceeded also to finish another business, which seems rather to have been + implied than expressed in the powers that had been granted him.[**] + </p> +<pre xml:space="preserve"> + * Rymer, vol. xi. p. 101, 108, 206, 214. + + ** Rymer, vol. xi. p. 53. +</pre> + <p> + In proportion as Henry advanced in years, his character became fully known + in the court, and was no longer ambiguous to either faction. Of the most + harmless, inoffensive, simple manners, but of the most slender capacity, + he was fitted, both by the softness of his temper and the weakness of his + understanding, to be perpetually governed by those who surrounded him; and + it was easy to foresee that his reign would prove a perpetual minority. As + he had now reached the twenty-third year of his age, it was natural to + think of choosing him a queen; and each party was ambitious of having him + receive one from their hand, as it was probable that this circumstance + would decide forever the victory between them. The duke of Glocester + proposed a daughter of the count of Armagnac; but had not credit to effect + his purpose. The cardinal and his friends had cast their eye on Margaret + of Anjou, daughter of Regnier, titular king of Sicily, Naples, and + Jerusalem, descended from the count of Anjou, brother of Charles V., who + had left these magnificent titles, but without any real power or + possessions, to his posterity. This princess herself was the most + accomplished of her age, both in body and mind; and seemed to possess + those qualities which would equally qualify her to acquire the ascendant + over Henry, and to supply all his defects and weaknesses. Of a masculine, + courageous spirit, of an enterprising temper, endowed with solidity as + well as vivacity of understanding, she had not been able to conceal these + great talents even in the privacy of her father's family; and it was + reasonable to expect, that when she should mount the throne, they would + break out with still superior lustre. The earl of Suffolk, therefore, in + concert with his associates of the English council, made proposals of + marriage to Margaret, which were accepted. But this nobleman, besides + preoccupying the princess's favor by being the chief means of her + advancement, endeavored to ingratiate himself with her and her family, by + very extraordinary concessions: though Margaret brought no dowry with her, + he ventured of himself, without any direct authority from the council, but + probably with the approbation of the cardinal and the ruling members, to + engage, by a secret article, that the province of Maine, which was at that + time in the hands of the English, should be ceded to Charles of Anjou, her + uncle,[*] who was prime minister and favorite of the French king, and who + had already received from his master the grant of that province as his + appanage. + </p> + <p> + The treaty of marriage was ratified in England: Suffolk obtained first the + title of marquis, then that of duke; and even received the thanks of + parliament for his services in concluding it.[**] The princess fell + immediately into close connections with the cardinal and his party, the + dukes of Somerset, Suffolk, and Buckingham;[***] who, fortified by her + powerful patronage, resolved on the final ruin of the duke of Glocester. + </p> +<pre xml:space="preserve"> + * Grafton, p. 590. + + ** Cotton, p. 630. + + *** Holingshed, p. 626. +</pre> + <p class="side"> + 1447. + </p> + <p> + This generous prince, worsted in all court intrigues, for which his temper + was not suited, but possessing in a high degree the favor of the public, + had already received from his rivals a cruel mortification, which he had + hitherto borne without violating public peace, but which it was impossible + that a person of his spirit and humanity could ever forgive. His duchess, + the daughter of Reginald Lord Cobham, had been accused of the crime of + witchcraft; and it was pretended, that there was found in her possession a + waxen figure of the king, which she and her associates, Sir Roger + Bolingbroke, a priest, and one Margery Jordan, of Eye, melted in a magical + manner before a slow fire, with an intention of making Henry's force and + vigor waste away by like insensible degrees. The accusation was well + calculated to affect the weak and credulous mind of the king, and to gain + belief in an ignorant age; and the duchess was brought to trial with her + confederates. The nature of this crime, so opposite to all common sense, + seems always to exempt the accusers from observing the rules of common + sense in their evidence: the prisoners were pronounced guilty; the duchess + was condemned to do public penance, and to suffer perpetual imprisonment; + the others were executed.[*] But as these violent proceedings were + ascribed solely to the malice of the duke's enemies, the people, contrary + to their usual practice in such marvellous trials, acquitted the unhappy + sufferers; and increased their esteem and affection towards a prince who + was thus exposed, without protection, to those mortal injuries. + </p> + <p> + These sentiments of the public made the cardinal of Winchester and his + party sensible that it was necessary to destroy a man whose popularity + might become dangerous, and whose resentment they had so much cause to + apprehend. In order to effect their purpose, a parliament was summoned to + meet, not at London, which was supposed to be too well affected to the + duke, but at St. Edmondsbury, where they expected that he would lie + entirely at their mercy. As soon as he appeared, he was accused of + treason, and thrown into prison. He was soon after found dead in his + bed;[**] and though it was pretended that his death was natural, and + though his body, which was exposed to public view, bore no marks of + outward violence, no one doubted but he had fallen a victim to the + vengeance of his enemies. + </p> +<pre xml:space="preserve"> + * Stowe, p. 381. Holingshed, p. 622. Grafton, p. 687. + + ** Grafton, p. 597. +</pre> + <p> + An artifice, formerly practised in the case of Edward II., Richard II., + and Thomas of Woodstock, duke of Glocester, could deceive nobody. The + reason of this assassination of the duke seems, not that the ruling party + apprehended his acquittal in parliament on account of his innocence, + which, in such times, was seldom much regarded, but that they imagined his + public trial and execution would have been more invidious than his private + murder which they pretended to deny. Some gentlemen of his retinue were + afterwards tried as accomplices in his treasons, and were condemned to be + hanged, drawn, and quartered, They were hanged and cut down; but just as + the executioner was proceeding to quarter them, their pardon was produced, + and they were recovered to life;[*] the most barbarous kind of mercy that + can possibly be imagined! + </p> + <p> + This prince is said to have received a better education than was usual in + his age, to have founded one of the first public libraries in England, and + to have been a great patron of learned men. Among other advantages which + he reaped from this turn of mind, it tended much to cure him of credulity + of which the following instance is given by Sir Thomas More. There was a + man who pretended that, though he was born blind, he had recovered his + sight by touching the shrine of St. Albans. The duke, happening soon after + to pass that way, questioned the man, and seeming to doubt of his sight, + asked him the colors of several cloaks, worn by persons of his retinue. + The man told them very readily. "You are a knave," cried the prince; "had + you been born blind, you could not so soon have learned to distinguish + colors;" and immediately ordered him to be set in the stocks as an + impostor.[**] + </p> +<pre xml:space="preserve"> + * Fabian, Chron. anno 1447. + + ** Grafton, p. 597. +</pre> + <p> + The cardinal of Winchester died six weeks after his nephew whose murder + was universally ascribed to him as well as to the duke of Suffolk, and + which, it is said, gave him more remorse in his last moments than could + naturally be expected from a man hardened, during the course of a long + life, in falsehood and in politics. What share the queen had in this guilt + is uncertain; her usual activity and spirit made the public conclude, with + some reason, that the duke's enemies durst not have ventured on such a + deed without her privity. But there happened, soon after, an event of + which she and her favorite, the duke of Suffolk, bore incontestably the + whole odium. + </p> + <p> + That article of the marriage treaty by which the province of Maine was to + be ceded to Charles of Anjou, the queen's unele, had probably been + hitherto kept secret; and during the lifetime of the duke of Glocester, it + might have been dangerous to venture on the execution of it. But as the + court of France strenuously insisted on performance, orders were now + despatched, under Henry's hand, to Sir Francis Surienne, governor of Mans, + commanding him to surrender that place to Charles of Anjou. Surienne, + either questioning the authenticity of the order, or regarding his + government as his sole fortune, refused compliance; and it became + necessary for a French army, under the count of Dunois, to lay siege to + the city. The governor made as good a defence as his situation could + permit; but receiving no relief from Edmund, duke of Somerset, who was at + that time governor of Normandy, he was at last obliged to capitulate, and + to surrender not only Mans, but all the other fortresses of that province, + which was thus entirely alienated from the crown of England. + </p> + <p class="side"> + 1448. + </p> + <p> + The bad effects of this measure stopped not here. Surienne, at the head of + all his garrisons, amounting to two thousand five hundred men, retired + into Normandy, in expectation of being taken into pay, and of being + quartered in some towns of that province. But Somerset, who had no means + of subsisting such a multitude, and who was probably incensed at + Surienne's disobedience, refused to admit him; and this adventurer, not + daring to commit depredations on the territories either of the king of + France or of England, marched into Brittany, seized the town of Fougeres, + repaired the fortifications of Pontorson and St. James de Beuvron, and + subsisted his troops by the ravages which he exercised on that whole + province.[*] The duke of Brittany complained of this violence to the king + of France, his liege lord: Charles remonstrated with the duke of Somerset: + that nobleman replied, that the injury was done without his privity, and + that he had no authority over Surienne and his companions.[**] Though this + answer ought to have appeared satisfactory to Charles, who had often felt + severely the licentious independent spirit of such mercenary soldiers, he + never would admit of the apology. He still insisted that these plunderers + should be recalled, and that reparation should be made to the duke of + Brittany for all the damages which he had sustained: and in order to + render an accommodation absolutely impracticable, he made the estimation + of damages amount to no less a sum than one million six hundred thousand + crowns. He was sensible of the superiority which the present state of his + affairs gave him over England; and he determined to take advantage of it. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. iii. p. 6. + + ** Monstrelet vol. iii. p. 7. Holingshed, p. 629. +</pre> + <p> + No sooner was the truce concluded between the two kingdoms, than Charles + employed himself, with great industry and judgment, in repairing those + numberless ills to which France, from the continuance of wars both foreign + and domestic, had so long been exposed. He restored the course of public + justice; he introduced order into the finances; he established discipline + in his troops; he repressed faction in his court; he revived the languid + state of agriculture and the arts; and, in the course of a few years, he + rendered his kingdom flourishing within itself, and formidable to its + neighbors. Meanwhile, affairs in England had taken a very different turn. + The court was divided into parties, which were enraged against each other: + the people were discontented with the government: conquests in France, + which were an object more of glory than of interest, were overlooked + amidst domestic incidents, which engrossed the attention of all men: the + governor of Normandy, ill supplied with money, was obliged to dismiss the + greater part of his troops, and to allow the fortifications of the towns + and castles to become ruinous; and the nobility and people of that + province had, during the late open communication with France, enjoyed + frequent opportunities of renewing connections with their ancient master, + and of concerting the means for expelling the English. The occasion, + therefore, seemed favorable to Charles for breaking the truce. + </p> + <p class="side"> + 1449. + </p> + <p> + Normandy was at once invaded by four powerful armies: one commanded by the + king himself; a second by the duke of Brittany; a third by the duke of + Alençon; and a fourth by the count of Dunois. The places opened their + gates almost as soon as the French appeared before them; Verneuil, Nogent, + Chateau Gaillard, Ponteau de Mer, Gisors, Mante, Vernon, Argentan Lisieux, + Fecamp, Coutances, Belesme, Pont de l'Arche, fell in an instant into the + hands of the enemy. The duke of Somerset, so far from having an army which + could take the field and relieve these places, was not able to supply them + with the necessary garrisons and provisions. He retired, with the few + troops of which he was master, into Rouen; and thought it sufficient, if, + till the arrival of succors from England, he could save that capital from + the general fate of the province. The king of France, at the head of a + formidable army, fifty thousand strong, presented himself before the + gates: the dangerous example of revolt had infected the inhabitants; and + they called aloud for a capitulation. Somerset, unable to resist at once + both the enemies within one from without, retired with his garrison into + the palace and castle; which, being places not tenable he was obliged to + surrender: he purchased a retreat to Harfleur by the payment of fifty-six + thousand crowns, by engaging to surrender Arques, Tancarville, Caudebec, + Honfleur, and other places in the higher Normandy, and by delivering. + hostages for the performance of articles.[*] + </p> + <p class="side"> + 1450. + </p> + <p> + The governor of Honfleur refused to obey his orders; upon which the earl + of Shrewsbury, who was one of the hostages, was detained prisoner; and the + English were thus deprived of the only general capable of recovering them + from their present distressed; situation. Harfleur made a better defence + under Sir Thomas Curson, the governor; but was finally obliged to open its + gates to Dunois. Succors at last appeared from England, under Sir Thomas + Kyriel, and landed at Cherbourg: but these came very late, amounted only + to four thousand men, and were soon after put to rout at Fourmigni by the + count of Clermont.[**] This battle, or rather skirmish, was the only + action fought by the English for the defence of their dominions in France, + which they had purchased at such an expense of blood and treasure. + Somerset, shut up in Caen, without any prospect of relief, found it + necessary to capitulate: Falaise opened its gates, on condition that the + earl of Shrewsbury should be restored to liberty: and Cherbourg, the last + place of Normandy which remained in the hands of the English, being + delivered up, the conquest of that important province was finished in a + twelvemonth by Charles, to the great joy of the inhabitants, and of his + whole kingdom.[***] + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. iii. p. 21. Grafton, p. 643. + + ** Holing, p. 631. + + *** Grafton, p. 646. +</pre> + <p> + A like rapid success attended the French arms in Guienne; though the + inhabitants of that province were, from long custom, better inclined to + the English government. Dunois was despatched thither, and met with no + resistance in the field, and very little from the towns. Great + improvements had been made during this age in the structure and management + of artillery, and none in fortification; and the art of defence was by + that means more unequal, than either before or since, to the art of + attack. After all the small places about Bordeaux were reduced, that city + agreed to submit, if not relieved by a certain time; and as no one in + England thought Seriously of these distant concerns, no relief appeared; + the place surrendered; and Bayonne being taken soon after, this whole + province, which had remained united to England since the accession of + Henry II., was, after a period of three centuries, finally swallowed up in + the French monarchy. + </p> + <p> + Though no peace or truce was concluded between France and England, the war + was in a manner at an end. The English, torn in pieces by the civil + dissensions which ensued, made but one feeble effort more for the recovery + of Guienne, and Charles, occupied at home in regulating the government, + and fencing against the intrigues of his factious son, Lewis the dauphin, + scarcely ever attempted to invade them in their island, or to retaliate + upon them, by availing himself of their intestine confusions. + </p> + <p> + <a name="link2H_4_0019" id="link2H_4_0019"> + <!-- H2 anchor --> </a> <a name="linkchapter21" id="linkchapter21"></a><br /> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XXI. + </h2> + <p> + <br /> <br /> + </p> + <h2> + HENRY VI. + </h2> + <p class="side"> + 1450. + </p> + <p> + A WEAK prince, seated on the throne of England, had never failed, how + gentle soever and innocent, to be infested with faction, discontent, + rebellion, and evil commotions; and as the incapacity of Henry appeared + every day in a fuller light, these dangerous consequences began, from past + experience, to be universally and justly apprehended Men also of unquiet + spirits, no longer employed in foreign wars, whence they were now excluded + by the situation of the neighboring states, were the more likely to excite + intestine, disorders, and by their emulation, rivalship, and animosities, + to tear the bowels of their native country. But though these causes alone + were sufficient to breed confusion, there concurred another circumstance + of the most dangerous, nature: a pretender to the crown appeared: the tie + itself of the weak prince who enjoyed the name of sovereignty, was + disputed; and the English were now to pay the severe though late penalty + of their turbulence under Richard II., and of their levity in violating, + without any necessity or just reason, the lineal succession of their + monarchs. + </p> + <p> + All the males of the house of Mortimer were extinct; but Anne, the sister + of the last earl of Marche, having espoused the earl of Cambridge, + beheaded in the reign of Henry V. had transmitted her latent, but not yet + forgotten claim to be; on Richard, duke of York. This prince, thus + descended by his mother from Philippa, only daughter of the duke of + Clarence, second son of Edward III., stood plainly in the order of + succession before the king, who derived his descent from the duke of + Lancaster, third son of that monarch; and that claim could not, in many + respects, have fallen into more dangerous hands man those of the duke of + York. Richard was a man of valor and abilities, of a prudent conduct and + mild disposition: he had enjoyed an opportunity of displaying these + virtues in his government of France; and though recalled from that command + by the intrigues and superior interest of the duke of Somerset, he had + been sent to suppress a rebellion in Ireland; had succeeded much better in + that enterprise than his rival in the defence of Normandy, and had even + been able to attach to his person and family the whole Irish nation, whom + he was sent to subdue.[*] In the right of his father, he bore the rank of + first prince of the blood; and by this station he gave a lustre to his + title derived from the family of Mortimer, which, though of great + nobility, was equalled by other families in the kingdom, and had been + eclipsed by the royal descent of the house of Lancaster. He possessed an + immense fortune from the union of so many successions, those of Cambridge + and York on the one hand, with those of Mortimer on the other; which last + inheritance had before been augmented by a union of the estates of + Clarence and Ulster with the patrimonial possessions of the family of + Marche. The alliances too of Richard, by his marrying the daughter of + Ralph Nevil, earl of Westmoreland, had widely extended his interest among + the nobility, and had procured him many connections in that formidable + order. + </p> +<pre xml:space="preserve"> + * Stowe, p. 387. +</pre> + <p> + The family of Nevil was perhaps at this time the most potent, both from + their opulent possessions and from the characters of the men, that has + ever appealed in England. For, besides the earl of Westmoreland, and the + lords Latimer, Fauconberg, and Abergavenny, the earls of Salisbury and + Warwick were of that family, and were of themselves, on many accounts, the + greatest noblemen in the kingdom. The earl of Salisbury, brother-in-law to + the duke of York, was the eldest son by a second marriage of the earl of + Westmoreland; and inherited by his wife, daughter and heir of Montacute, + earl of Salisbury, killed before Orleans, the possessions and title of + that great family. His eldest son, Richard, had married Anne, the daughter + and heir of Beauchamp, earl of Warwick, who died governor of France; and + by this alliance he enjoyed the possessions, and had acquired the title, + of that other family, one of the most opulent, most ancient, and most + illustrious in England. The personal qualities also of these two earls, + especially of Warwick enhanced the splendor of their nobility, and + increased then influence over the people. This latter nobleman commonly + known, from the subsequent events, by the appellation of the "king-maker," + had distinguished himself by his gallantry in the field, by the + hospitality of his table, by Ore magnificence, and still more by the + generosity, of his expense, and by the spirited and bold manner which + attended him in all his actions. The undesigning frankness and openness of + his character rendered his conquest over men's affections the more certain + and infallible: his presents were regarded as sure testimonials of esteem + and friendship; and his professions as the over-flowings of his genuine + sentiments. No less than thirty thousand persons are said to have daily + lived at his board In the different manors and castles which he possessed + in England: the military men, allured by his munificence and hospitality, + as well as by his bravery, were zealously attached to his interests: the + people in general bore him an unlimited affection: his numerous retainers + were more devoted to his will than to the prince or to the laws: and he + was the greatest, as well as the last, of those mighty barons who formerly + overawed the crown, and rendered the people incapable of any regular + system of civil government. + </p> + <p> + But the duke of York, besides the family of Nevil, had many other + partisans among the great nobility. Courtney, earl of Devonshire, + descended from a very noble family of that name in France, was attached to + his interests: Moubray, duke of Norfolk, had, from his hereditary hatred + to the family of Lancaster, embraced the same party: and the discontents + which universally prevailed among the people, rendered every combination + of the great the more dangerous to the established government. + </p> + <p> + Though the people were never willing to grant the supplies necessary for + keeping possession of the conquered provinces in France, they repined + extremely at the loss of these boasted acquisitions; and fancied, because + a sudden irruption could make conquests, that, without steady counsels and + a uniform expense, it was possible to maintain them. The voluntary cession + of Maine to the queen's uncle, had made them suspect treachery in the loss + of Normandy and Guienne. They still considered Margaret as a French woman, + and a latent enemy of the kingdom. And when they saw her father and all + her relations active in promoting the success of the French, they could + not be persuaded that she, who was all-powerful in the English council, + would very zealously oppose them in their enterprises. + </p> + <p> + But the most fatal blow given to the popularity of the crown and to the + interests of the house of Lancaster, was by the assassination of the + virtuous duke of Glocester; whose character, had he been alive, would have + intimidated the partisans of York; but whose memory, being extremely + cherished by the people, served to throw an odium on all his murderers. By + this crime the reigning family suffered a double prejudice it was deprived + of its firmest support; and it was loaded with all the infamy of that + imprudent and barbarous assassination. + </p> + <p> + As the duke of Suffolk was known to have had an active hand in the crime, + he partook deeply of the hatred attending it; and the clamors which + necessarily rose against him, as prime minister and declared favorite of + the queen, were thereby augmented to a tenfold pitch, and became + absolutely uncontrollable. The great nobility could ill brook to see a + subject exalted above them; much more one who was only great-grandson to a + merchant, and who was of a birth so much inferior to theirs. The people + complained of his arbitrary measures; which were, in some degree, a + necessary consequence of the irregular power then possessed by the prince, + but which the least disaffection easily magnified into tyranny. The great + acquisitions which he daily made were the object of envy; and as they were + gained at the expense of the crown, which was itself reduced to poverty, + they appeared on that account, to all indifferent persons, the more + exceptionable and invidious. + </p> + <p> + The revenues of the crown, which had long been disproportioned to its + power and dignity, had been extremely dilapidated during the minority of + Henry;[*] both by the rapacity of the courtiers, which the king's uncles + could not control, and by the necessary expenses of the French war, which + had always been very ill supplied by the grants of parliament. + </p> +<pre xml:space="preserve"> + *: Cotton, p. 609. +</pre> + <p> + The royal demesnes were dissipated; and at the same time the king was + loaded with a debt of three hundred and seventy-two thousand pounds, a sum + so great, that the parliament could never think of discharging it. This + unhappy situation forced the ministers upon many arbitrary measures: the + household itself could not be supported without stretching to the utmost + the right of purveyance, and rendering it a kind of universal robbery upon + the people: the public clamor rose high upon this occasion, and no one had + the equity to make allowance for the necessity of the king's situation. + Suffolk, once become odious, bore the blame of the whole; and every + grievance, in every part of the administration, was universally imputed to + his tyranny and injustice. + </p> + <p> + This nobleman, sensible of the public hatred under which he labored, and + foreseeing an attack from the commons endeavored to overawe his enemies, + by boldly presenting himself to the charge, and by insisting upon his own + innocence and even upon his merits, and those of his family, in the public + service. He rose in the house of peers; took notice of the clamors + propagated against him; and complained that after serving the crown in + thirty-four campaigns; after living abroad seventeen years, without once + returning to his native country; after losing a father and three brothers + in the wars with France; after being himself a prisoner, and purchasing + his liberty by a great ransom; it should yet be suspected, that he had + been debauched from his allegiance by that enemy whom he had ever opposed + with such zeal and fortitude, and that he had betrayed his prince, who had + rewarded his services by the highest honors and greatest offices that it + was in his power to confer.[*] This speech did not answer the purpose + intended. The commons, rather provoked at his challenge, opened their + charge against him, and sent up to the peers an accusation of high + treason, divided into several articles. They insisted, that he had + persuaded the French king to invade England with an armed force, in order + to depose the king, and to place on the throne his own son, John de la + Pole, whom he intended to marry to Margaret, the only daughter of the late + John, duke of Somerset, and to whom, he imagined, he would by that means + acquire a title to the crown: that he had contributed to the release of + the duke of Orleans, in hopes that that prince would assist King Charles + in expelling the English from France, and recovering full possession of + his kingdom: that he had afterwards encouraged that monarch to make open + war on Normandy and Guienne, and had promoted his conquests by betraying + the secrets of England, and obstructing the succors intended to be sent to + those provinces; and that he had, without any powers or commission, + promised by treaty to cede the province of Maine to Charles of Anjou, and + had accordingly ceded it; which proved in the issue the chief cause of the + loss of Normandy.[**] + </p> +<pre xml:space="preserve"> + * Cotton, p. 641. + + ** Cotton, p. 642. Hall, fol. 157. Holing, p. 631. Grafton, + p. 607 +</pre> + <p> + It is evident, from a review of these articles, that the commons adopted + without inquiry all the popular clamors against the duke of Suffolk, and + charged him with crimes of which none but the vulgar could seriously + believe him guilty. Nothing can be more incredible, than that a nobleman, + so little eminent by his birth and character, could think of acquiring the + crown to his family, and of deposing Henry by foreign force, and, together + with him, Margaret, his patron, a princess of so much spirit and + penetration. Suffolk appealed to many noblemen in the house, who knew that + he had intended to marry his son to one of the coheirs of the earl of + Warwick, and was disappointed in his views only by the death of that lady: + and he observed, that Margaret of Somerset could bring to her husband no + title to the crown; because she herself was not so much as comprehended in + the entail settled by act of parliament. It is easy to account for the + loss of Normandy and Guienne, from the situation of affairs in the two + kingdoms, without supposing any treachery in the English ministers; and it + may safely be affirmed, that greater vigor was requisite to defend these + provinces from the arms of Charles VII., than to conquer them at first + from his predecessor. It could never be the interest of any English + minister to betray and abandon such acquisitions; much less of one who was + so well established in his master's favor, who enjoyed such high honors + and ample possessions in his own country, who had nothing to dread but the + effects of popular hatred and who could never think, without the most + extreme reluctance, of becoming a fugitive and exile in a foreign land. + The only article which carries any face of probability, is his engagement + for the delivery of Maine to the queen's uncle: but Suffolk maintained, + with great appearance of truth, that this measure was approved of by + several at the council table; [*] and it seems hard to ascribe to it, as + is done by the commons, the subsequent loss of Normandy and expulsion of + the English. Normandy lay open on every side to the invasion of the + French: Maine, an inland province, must soon after have fallen without any + attack; and as the English possessed in other parts more fortresses than + they could garrison or provide for, it seemed no bad policy to contract + their force, and to render the defence practicable, by reducing it within + a narrower compass. + </p> +<pre xml:space="preserve"> + * Cotton, p.643. +</pre> + <p> + The commons were probably sensible, that this charge of treason against + Suffolk would not bear a strict scrutiny; and they therefore, soon after, + sent up against him a new charge of misdemeanors, which they also divided + into several articles. They affirmed, among other imputations, that he had + procured exorbitant grants from the crown, had embezzled the public money, + had conferred offices on improper persons, had perverted justice by + maintaining iniquitous causes, and had procured pardons for notorious + offenders.[*] The articles are mostly general, but are not improbable; and + as Suffolk seems to have been a bad man and a bad minister, it will not be + rash in us to think that he was guilty, and that many of these articles + could have been proved against him. The court was alarmed at the + prosecution of a favorite minister, who lay under such a load of popular + prejudices; and an expedient was fallen upon to save him from present + ruin. The king summoned all the lords, spiritual and temporal, to his + apartment: the prisoner was produced before them, and asked what he could + say in his own defence: he denied the charge; but submitted to the king's + mercy: Henry expressed himself not satisfied with regard to the first + impeachment for treason; but in consideration of the second for + misdemeanors, he declared that, by virtue of Suffolk's own submission, not + by any judicial authority, he banished him the kingdom during five years. + The lords remained silent; but as soon as they returned to their own + house, they entered a protest, that this sentence should nowise infringe + their privileges, and that, if Suffolk had insisted upon his right, and + had not voluntarily submitted to the king's commands, he was entitled to a + trial by his peers in parliament. + </p> + <p> + It was easy to see, that these irregular proceedings were meant to favor + Suffolk, and that, as he still possessed the queen's confidence, he would, + on the first favorable opportunity, be restored to his country, and be + reinstated in his former power and credit. A captain of a vessel was + therefore employed by his enemies to intercept him in his passage to + France: he was seized near Dover; his head struck off on the side of a + long-boat; and his body thrown into the sea,[**] No inquiry was made after + the actors and accomplices in this atrocious deed of violence. + </p> +<pre xml:space="preserve"> + * Cotton, p. 643. + + ** Hall, fol. 158. Hist. Croyland, Contin. p. 525. Stowe, p. + 388. Grafton, p. 610. +</pre> + <p> + The duke of Somerset succeeded to Suffolk's power in the ministry, and + credit with the queen; and as he was the person under whose government the + French provinces had been lost, the public, who always judge by the event, + soon made him equally the object of their animosity and hatred. The duke + of York was absent in Ireland during all these transactions and however it + might be suspected that his partisans had excited and supported the + prosecution against Suffolk, no immediate ground of complaint could, on + that account, lie against him. But there happened, soon after, an incident + which roused the jealousy of the court, and discovered to them the extreme + danger to which they were exposed from the pretensions of that popular + prince. + </p> + <p> + The humors of the people, set afloat by the parliamentary impeachment, and + by the fall of so great a favorite as Suffolk, broke out in various + commotions, which were soon suppressed, but there arose one in Kent which + was attended with more dangerous consequences. A man of low condition, one + John Cade, a native of Ireland, who had been obliged to fly into France + for crimes, observed, on his return to England, the discontents of the + people; and he laid on them the foundation of projects which were at first + crowned with surprising success. He took the name of John Mortimer; + intending, as is supposed, to pass himself for a son of that Sir John + Mortimer who had been sentenced to death by parliament, and executed, in + the beginning of this reign, without any trial or evidence, merely upon an + indictment of high treason given in against him.[*] On the first mention + of that popular name, the common people of Kent, to the number of twenty + thousand, flocked to Cade's standard; and he excited their zeal by + publishing complaints against the numerous abuses in government, and + demanding a redress of grievances. The court, not yet fully sensible of + the danger, sent a small force against the rioters, under the command of + Sir Humphrey Stafford, who was defeated and slain in an action near + Sevenoke;[**] and Cade, advancing with his followers towards London, + encamped on Blackheath. + </p> +<pre xml:space="preserve"> + * Stowe, p. 364. Cotton, p. 564. This author admires that + such a piece of injustice should have been committed in + peaceable times: he might have added, and by such virtuous + princes as Bedford and Glocester. But it is to be presumed + that Mortimer was guilty; though his condemnation was highly + irregular and illegal. The people had at this time a very + feeble sense of law and a constitution; and power was very + imperfectly restrained by these limits. When the proceedings + of a parliament were so irregular it is easy to imagine that + those of a king would be more so. + + ** Hall, fol. 159. Holing. p, 634. +</pre> + <p> + Though elated by his victory, he still maintained the appearance of + moderation; and sending to the court a plausible list of grievances,[*] he + promised that, when these should be redressed, and when Lord Say, the + treasurer, and Cromer, sheriff of Kent, should be punished for their + malversations, he would immediately lay down his arms. The council, who + observed that nobody was willing to fight against men so reasonable in + their pretensions, carried the king, for present safety, to Kenilworth; + and the city immediately opened its gates to Cade, who maintained, during + some time, great order and discipline among his followers. He always led + them into the fields during the night-time; and published severe edicts + against plunder and violence of every kind: but being obliged, in order to + gratify their malevolence against Say and Cromer, to put these men to + death without a legal trial,[**] he found that, after the commission of + this crime, he was no longer master of their riotous disposition, and that + all his orders were neglected.[***] They broke into a rich house, which + they plundered; and the citizens, alarmed at this act of violence, shut + their gates against them; and being seconded by a detachment of soldiers, + sent them by Lord Scales, governor of the Tower, they repulsed the rebels + with great slaughter.[****] The Kentish men were so discouraged by the + blow, that upon receiving a general pardon from the primate, then + chancellor, they retreated towards Rochester, and there dispersed. The + pardon was soon after annulled, as extorted by violence: a price was set + on Cade's head,[*****] who was killed by one Iden, a gentleman of Sussex; + and many of his followers were capitally punished for their rebellion. + </p> + <p> + It was imagined by the court, that the duke of York had secretly + instigated Cade to this attempt, in order to try, by that experiment, the + dispositions of the people towards his title and family:[*] and as the + event had so far succeeded to his wish, the ruling party had greater + reason than ever to apprehend the future consequences of his pretensions. + </p> +<pre xml:space="preserve"> + * Stowe, p. 388, 389. Holing, p. 633. + + ** Grafton, p. 612. + + *** Hall, fol. 160. + + **** Hist. Croyland, Contin.p. 526. + + ****** Cotton, p. 661. +</pre> + <p> + At the same time they heard that he intended to return from Ireland; and + fearing that he meant to bring an armed force along with him, they issued + orders, in the king's name, for opposing him, and for debarring him + entrance into England.[*] But the duke refuted his enemies by coming + attended with no more than his ordinary retinue: the precautions of the + ministers served only to show him their jealousy and malignity against + him: he was sensible that his title, by being dangerous to the king, was + also become dangerous to himself: he now saw the impossibility of + remaining in his present situation, and the necessity of proceeding + forward in support of his claim. His partisans, therefore, were instructed + to maintain, in all companies, his right by succession, and by the + established laws and constitution of the kingdom: these questions became + every day more and more the subject of conversation: the minds of men were + insensibly sharpened against each other by disputes, before they came to + more dangerous extremities: and various topics were pleaded in support of + the pretensions of each party. + </p> +<pre xml:space="preserve"> + * Stowe, p, 394. +</pre> + <p> + The partisans of the house of Lancaster maintained that, though the + elevation of Henry IV. might at first be deemed somewhat irregular, and + could not be justified by any of those principles on which that prince + chose to rest his title, it was yet founded on general consent, was a + national act, and was derived from the voluntary approbation of a free + people, who, being loosened from their allegiance by the tyranny of the + preceding government, were moved by gratitude, as well as by a sense of + public interest, to intrust the sceptre into the hands of their deliverer: + that, even if that establishment were allowed to be at first invalid, it + had acquired solidity by time; the only principle which ultimately gives + authority to government, and removes those scruples which the irregular + steps attending almost all revolutions, naturally excite in the minds of + the people: that the right of succession was a rule admitted only for + general good, and for the maintenance of public order; and could never be + pleaded to the overthrow of national tranquillity, and the subversion of + regular establishments; that the principles of liberty, no less than the + maxims of internal peace, were injured by these pretensions of the house + of York; and if so many reiterated acts of the legislature, by which the + crown was entailed on the present family, were now invalidated, the + English must be considered not as a free people, who could dispose of + their own government, but as a troop of slaves, who were implicitly + transmitted by succession from one master to another that the nation was + bound to allegiance under the house of Lancaster by moral no less than by + political duty; and were they to infringe those numerous oaths of fealty + which they had sworn to Henry and his predecessors, they would thenceforth + be thrown loose from all principles, and it would be found difficult ever + after to fix and restrain them: that the duke of York himself had + frequently done homage to the king as his lawful sovereign, and had + thereby, in the most solemn manner, made an indirect renunciation of those + claims with which he now dared to disturb the tranquillity of the public: + that even though the violation of the rights of blood, made on the + deposition of Richard, was perhaps rash and imprudent, it was too late to + remedy the mischief; the danger of a disputed succession could no longer + be obviated; the people, accustomed to a government which, in the hands of + the late king, had been so glorious, and in that of his predecessor, so + prudent and salutary, would still ascribe a right to it; by causing + multiplied disorders, and by shedding an inundation of blood, the + advantage would only be obtained of exchanging one pretender for another; + and the house of York itself, if established on the throne, would, on the + first opportunity, be exposed to those revolutions, which the giddy spirit + excited in the people gave so much reason to apprehend: and that, though + the present king enjoyed not the shining talents which had appeared in his + father and grandfather, he might still have a son who should be endowed + with them; he is himself eminent for the most harmless and inoffensive + manners; and if active princes were dethroned on pretence of tyranny, and + indolent ones on the plea of incapacity, there would thenceforth remain in + the constitution no established rule of obedience to any sovereign. + </p> + <p> + Those strong topics in favor of the house of Lancaster, were opposed by + arguments no less convincing on the side of the house of York. The + partisans of this latter family asserted, that the maintenance of order in + the succession of princes, far from doing injury to the people, or + invalidating their fundamental title to good government, was established + only for the purposes of government, and served to prevent those + numberless confusions which must ensue, if no rule were followed but the + uncertain and disputed views of present convenience and advantage: that + the same maxims which insured public peace, were also salutary to national + liberty the privileges of the people could only be maintained by the + observance of laws; and if no account were made of the rights of the + sovereign, it could less be expected that any regard would be paid to the + property and freedom of the subject: that it was never too late to correct + any pernicious precedent; an unjust establishment, the longer it stood, + acquired the greater sanction and validity; it could, with more appearance + of reason, be pleaded as an authority for a like injustice; and the + maintenance of it, instead of favoring public tranquillity, tended to + disjoint every principle by which human society was supported: that + usurpers would be happy, if their present possession of power, or their + continuance for a few years, could convert them into legal princes; but + nothing would be more miserable than the people, if all restraints on + violence and ambition were thus removed, and a full scope given to the + attempts of every turbulent innovator: that time indeed might bestow + solidity on a government whose first foundations were the most infirm; but + it required both a long course of time to produce this effect, and the + total extinction of those claimants whose title was built on the original + principles of the constitution: that the deposition of Richard II., and + the advancement of Henry IV., were not deliberate national acts, but the + result of the levity and violence of the people, and proceeded from those + very defects in human nature which the establishment of political society, + and of an order in succession, was calculated to prevent: that the + subsequent entails of the crown were a continuance of the same violence + and usurpation; they were not ratified by the legislature, since the + consent of the rightful king was still wanting; and the acquiescence, + first of the family of Mortimer, then of the family of York, proceeded + from present necessity, and implied no renunciation of their pretensions + that the restoration of the true order of succession could not be + considered as a change which familiarized the people to devolutions; but + as the correction of a former abuse, which had itself encouraged the giddy + spirit of innovation, rebellion, and disobedience: and that, as the + original title of Lancaster stood only, in the person of Henry IV., on + present convenience, even this principle, unjustifiable as it was when not + supported by laws and warranted by the constitution, had now entirely gone + over to the other side; nor was there any comparison between a prince + utterly unable to sway the sceptre, and blindly governed by corrupt + ministers, or by an imperious queen, engaged in foreign and hostile + interests and a prince of mature years, of approved wisdom and experience, + a native of England, the lineal heir of the crown, who, by his + restoration, would replace every thing on ancient foundations. + </p> + <p> + So many plausible arguments could be urged on both sides of this + interesting question, that the people were extremely divided in their + sentiments; and though the noblemen of greatest power and influence seem + to have espoused the party of York, the opposite cause had the advantage + of being supported by the present laws, and by the immediate possession of + royal authority. There were also many great noblemen in the Lancastrian + party, who balanced the power of their antagonists, and kept the nation in + suspense between them. The earl of Northumberland adhered to the present + government: the earl of Westmoreland, in spite of his connections with the + duke of York, and with the family of Nevil, of which he was the head, was + brought over to the same party; and the whole north of England, the most + warlike part of the kingdom, was, by means of these two potent noblemen, + warmly engaged in the interests of Lancaster. Edmund Beaufort, duke of + Somerset, and his brother Henry, were great supports of that cause; as + were also Henry Holland duke of Exeter, Stafford, duke of Buckingham, the + earl of Shrewsbury, the Lords Clifford, Dudley, Scales, Audley, and other + noblemen. + </p> + <p> + While the kingdom was in this situation, it might naturally be expected + that so many turbulent barons, possessed of so much independent authority, + would immediately have flown to arms, and have decided the quarrel, after + their usual manner, by war and battle, under the standards of the + contending princes. But there still were many causes which retarded these + desperate extremities, and made a long train of faction, intrigue, and + cabal, precede the military operations. By the gradual progress of arts in + England, as well as in other parts of Europe, the people were now become + of some importance; laws were beginning to be respected by them; and it + was requisite, by various pretences, previously to reconcile their minds + to the overthrow of such an ancient establishment as that of the house of + Lancaster, ere their concurrence could reasonably be expected. The duke of + York himself, the new claimant, was of a moderate and cautious character, + an enemy to violence and disposed to trust rather to time and policy, than + to sanguinary measures, for the success of his pretensions. The very + imbecility itself of Henry tended to keep the factions in suspense, and + make them stand long in awe of each other: it rendered the Lancastrian + party unable to strike any violent blow against their enemies; it + encouraged the Yorkists to hope that, after banishing the king's + ministers, and getting possession of his person, they might gradually + undermine his authority, and be able, without the perilous experiment of a + civil war, to change the succession by parliamentary and legal authority. + </p> + <p class="side"> + 1451. + </p> + <p> + The dispositions which appeared in a parliament assembled soon after the + arrival of the duke of York from Ireland, favored these expectations of + his partisans, and both discovered an unusual boldness in the commons, and + were a proof of the general discontents which prevailed against the + administration. The lower house, without any previous inquiry or + examination, without alleging any other ground of complaint than common + fame, ventured to present a petition against the duke of Somerset, the + duchess of Suffolk, the bishop of Chester, Sir John Sutton, Lord Dudley, + and several others of inferior rank; and they prayed the king to remove + them forever from his person and councils, and to prohibit them from + approaching within twelve miles of the court.[*] This was a violent + attack, somewhat arbitrary, and supported but by few precedents, against + the ministry; yet the king durst not openly oppose it: he replied that, + except the lords, he would banish all the others from court during a year, + unless he should have occasion for their service in suppressing any + rebellion. At the same time he rejected a bill, which had passed both + houses, for attainting the late duke of Suffolk, and which, in several of + its clauses, discovered a very general prejudice against the measures of + the court. + </p> + <p class="side"> + 1452. + </p> + <p> + The duke of York, trusting to these symptoms, raised an army of ten + thousand men, with which he marched towards London, demanding a + reformation of the government, and the removal of the duke of Somerset + from all power and authority.[**] He unexpectedly found the gates of the + city shut against him; and on his retreating into Kent, he was followed by + the king at the head of a superior army; in which several of Richard's + friends, particularly Salisbury and Warwick appeared; probably with a view + of mediating between the parties, and of seconding, on occasion, the duke + of York's pretensions. + </p> +<pre xml:space="preserve"> + * Parl. Hist. vol. ii. p. 263. + + ** Stowe, p. 394. +</pre> + <p> + A parley ensued; Richard still insisted upon the removal of Somerset, and + his submitting to a trial in parliament: the court pretended to comply + with his demand; and that nobleman was put in arrest: the duke of York was + then persuaded to pay his respects to the king in his tent; and, on + repeating his charge against the duke of Somerset, he was surprised to see + that minister step from behind the curtain, and offer to maintain his + innocence. Richard now found that he had been betrayed; that he was in the + hands of his enemies; and that it was become necessary, for his own + safety, to lower his pretensions. No violence, however, was attempted + against him: the nation was not in a disposition to bear the destruction + of so popular a prince: he had many friends in Henry's camp; and his son, + who was not in the power of the court, might still be able to revenge his + death on all his enemies: he was therefore dismissed; and he retired to + his seat of Wigmore, on the borders of Wales.[*] + </p> + <p> + While the duke of York lived in this retreat, there happened an incident + which, by increasing the public discontents, proved favorable to his + pretensions. Several Gascon lords, affectionate to the English government, + and disgusted at the new dominion of the French, came to London, and + offered to return to their allegiance under Henry.[**] + </p> + <p class="side"> + 1453. + </p> + <p> + The earl of Shrewsbury, with a body of eight thousand men, was sent over + to support them. Bordeaux opened its gates to him: he made himself master + of Fronsac, Castillon, and some other places: affairs began to wear a + favorable aspect; but as Charles hastened to resist this dangerous + invasion, the fortunes of the English were soon reversed: Shrewsbury, a + venerable warrior, above fourscore years of age, fell in battle; his + conquests were lost; Bordeaux was again obliged to submit to the French + king;[***] and all hopes of recovering the province of Gascony were + forever extinguished. + </p> +<pre xml:space="preserve"> + * Grafton, p. 620. + + ** Holing. p. 640. + + *** Polyd. Virg. p. 501. Grafton, p. 623. +</pre> + <p> + Though the English might deem themselves happy to be fairly rid of distant + dominions, which were of no use to them, and which they never could defend + against the growing power of France, they expressed great discontent on + the occasion: and they threw all the blame on the ministry, who had not + been able to effect impossibilities. While they were in this disposition, + the queen's delivery of a son, who received the name of Edward, was deemed + no joyful incident; and as it removed all hopes of the peaceable + succession of the duke of York, who was otherwise, in the right of his + father, and by the laws enacted since the accession of the house of + Lancaster, next heir to the crown, it had rather a tendency to inflame the + quarrel between the parties. But the duke was incapable of violent + counsels; and even when no visible obstacle lay between him and the + throne, he was prevented by his own scruples from mounting it. + </p> + <p class="side"> + 1454. + </p> + <p> + Henry, always unfit to exercise the government, fell at this time into a + distemper, which so far increased his natural imbecility, that it rendered + him incapable of maintaining even the appearance of royalty. The queen and + the council, destitute of this support, found themselves unable to resist + the York party; and they were obliged to yield to the torrent. They sent + Somerset to the Tower, and appointed Richard lieutenant of the kingdom, + with powers to open and hold a session of parliament.[*] + </p> +<pre xml:space="preserve"> + * Rymer, vol. xi. p. 344. +</pre> + <p> + That assembly, also, taking into consideration the state of the kingdom, + created him protector during pleasure. Men who thus intrusted sovereign + authority to one that had such evident and strong pretensions to the + crown, were not surely averse to his taking immediate and full possession + of it; yet the duke, instead of pushing them to make further concessions, + appeared somewhat timid and irresolute even in receiving the power which + was tendered to him. He desired that it might be recorded in parliament, + that this authority was conferred on him from their own free motion, + without any application on his part: he expressed his hopes that they + would assist him in the exercise of it: he made it a condition of his + acceptance, that the other lords who were appointed to be of his council, + should also accept of the trust, and should exercise it; and he required, + that all the powers of his office should be specified and defined by act + of parliament. This moderation of Richard was certainly very unusual and + very amiable; yet was it attended with bad consequences in the present + juncture; and by giving time to the animosities of faction to rise and + ferment, it proved the source of all those furious wars and commotions + which ensued. + </p> + <p> + The enemies of the duke of York soon found it in their power to make + advantage of his excessive caution. Henry being so far recovered from his + distemper, as to carry the appearance of exercising the royal power, they + moved him to resume his authority, to annul the protectorship of the duke + to release Somerset from the Tower,[*] and to commit the administration + into the hands of that nobleman. + </p> + <p class="side"> + 1455. + </p> + <p> + Richard, sensible of the dangers which might attend his former acceptance + of the parliamentary commission, should he submit to the annulling of it, + levied an army; but still without advancing any pretensions to the crown. + He complained only of the king's ministers, and demanded a reformation of + the government. A battle was fought at St. Albans, in which the Yorkists + were superior, and, without suffering any material loss, slew about five + thousand of their enemies; among whom were the duke of Somerset, the earl + of Northumberland, the earl of Stafford, eldest son of the duke of + Buckingham, Lord Clifford, and many other persons of distinction.[**] The + king himself fell into the hands of the duke of York, who treated him with + great respect and tenderness: he was only obliged (which he regarded as no + hardship) to commit the whole authority of the crown into the hands of his + rival. + </p> +<pre xml:space="preserve"> + * Rymer, vol. xi. p. 361. Holing, p. 642. Grafton, p. 626. + + ** Stowe, p. 309. Holing, p. 643. +</pre> + <p> + This was the first blood spilt in that fatal quarrel which was not + finished in less than a course of thirty years, which was signalized by + twelve pitched battles, which opened a scene of extraordinary fierceness + and cruelty, is computed to have cost the lives of eighty princes of the + blood, and almost entirely annihilated the ancient nobility of England. + The strong attachments, which, at that time, men of the same kindred bore + to each other, and the vindictive spirit, which was considered as a point + of honor, rendered the great families implacable in their resentments, and + every moment widened the breach between the parties. Yet affairs did not + immediately proceed to the last extremities; the nation was kept some time + in suspense; the vigor and spirit of Queen Margaret, supporting her small + power, still proved a balance to the great authority of Richard, which was + checked by his irresolute temper. A parliament, which was soon after + assembled, plainly discovered, by the contrariety of their proceedings, + the contrariety of the motives by which they were actuated. They granted + the Yorkists a general indemnity, and they restored the protectorship to + the duke, who, in accepting it, still persevered in all his former + precautions; but at the same time they renewed their oaths of fealty to + Henry, and fixed the continuance of the protectorship to the majority of + his son Edward, who was vested with the usual dignities of prince of + Wales, duke of Cornwall, and earl of Chester. The only decisive act passed + in this parliament, was a full resumption of all the grants which had been + made since the death of Henry V., and which had reduced the crown to great + poverty. + </p> + <p class="side"> + 1456. + </p> + <p> + It was not found difficult to wrest power from hands so little tenacious + as those of the duke of York. Margaret, availing herself of that prince's + absence, produced her husband before the house of lords; and as his state + of health permitted him at that time to act his part with some tolerable + decency, he declared his intentions of resuming the government, and of + putting an end to Richard's authority. This measure, being unexpected, was + not opposed by the contrary party; the house of lords, who were many of + them disgusted with the late act of resumption, assented to Henry's + proposal; and the king was declared to be reinstated in sovereign + authority. Even the duke of York acquiesced in this irregular act of the + peers, and no disturbance ensued. But that prince's claim to the crown was + too well known, and the steps which he had taken to promote it were too + evident ever to allow sincere trust and confidence to have place between + the parties. + </p> + <p class="side"> + 1457. + </p> + <p> + The court retired to Coventry, and invited the duke of York and the earls + of Salisbury and Warwick to attend the king's person. When they were on + the road, they received intelligence that designs were formed against + their liberties and lives. They immediately separated themselves; Richard + withdrew to his castle of Wigmore; Salisbury to Middleham, in Yorkshire, + and Warwick to his government of Calais, which had been committed to him + after the battle of St. Albans, and which, as it gave him the command of + the only regular military force maintained by England, was of the utmost + importance in the present juncture. Still, men of peaceable dispositions, + and among the rest Bourchier, archbishop of Canterbury, thought it not too + late to interpose with their good offices, in order to prevent that + effusion of blood, with which the kingdom was threatened; and the awe in + which each party stood of the other, rendered the mediation for some time + successful. It was agreed that all the great leaders on both sides should + meet in London, and be solemnly reconciled. + </p> + <p class="side"> + 1458. + </p> + <p> + The duke of York and his partisans came thither with numerous retinues, + and took up their quarters near each other for mutual security. The + leaders of the Lancastrian party used the same precaution. The mayor, at + the head of five thousand men, kept a strict watch, night and day; and was + extremely vigilant in maintaining peace between them.[*] + </p> +<pre xml:space="preserve"> + * Fabian Chron. anno 1458. The author says that some lords + brought nine hundred retainers, some six hundred, none less + than four hundred. See also Grafton, p. 633. +</pre> + <p> + Terms were adjusted, which removed not the ground of difference. An + outward reconciliation only was procured; and in order to notify this + accord to the whole people, a solemn procession to St. Paul's was + appointed, where the duke of York led Queen Margaret, and a leader of one + party marched hand in hand with a leader of the opposite. The less real + cordiality prevailed, the more were the exterior demonstrations of amity + redoubled. But it was evident, that a contest for a crown could not thus + be peaceably accommodated; that each party watched only for an opportunity + of subverting the other; and that much blood must yet be spilt, ere the + nation could be restored to perfect tranquillity, or enjoy a settled and + established government. + </p> + <p class="side"> + 1459. + </p> + <p> + Even the smallest accident, without any formed design, was sufficient, in + the present disposition of men's minds, to dissolve the seeming harmony + between the parties; and had the intentions of the leaders been ever so + amicable they would have found it difficult to restrain the animosity of + their followers. One of the king's retinue insulted one of the earl of + Warwick's: their companions on both sides took part in the quarrel: a + fierce combat ensued: the earl apprehended his life to be aimed at: he + fled to his government of Calais; and both parties, in every county of + England, openly made preparations for deciding the contest by war and + arms. + </p> + <p> + The earl of Salisbury, marching to join the duke of York, was overtaken at + Blore Heath, on the borders of Staffordshire, by Lord Audley, who + commanded much superior forces; and a small rivulet with steep banks ran + between the armies. Salisbury here supplied his defect in numbers by + stratagem, a refinement of which there occur few instances in the English + civil wars, where a headlong courage, more than military conduct, is + commonly to be remarked. He feigned a retreat, and allured Audley to + follow him with precipitation; but when the van of the royal army had + passed the brook, Salisbury suddenly turned upon them; and partly by the + surprise, partly by the division, of the enemies' forces, put this body to + rout: the example of flight was followed by the rest of the army: and + Salisbury, obtaining a complete victory, reached the general rendezvous of + the Yorkists at Ludlow.[*] + </p> + <p> + The earl of Warwick brought over to this rendezvous a choice body of + veterans from Calais, on whom, it was thought the fortune of the war would + much depend; but this reënforcement occasioned, in the issue, the + immediate ruin of the duke of York's party. When the royal army + approached, and a general action was every hour expected, Sir Andrew + Trollop, who commanded the veterans, deserted to the king in the + night-time; and the Yorkists were so dismayed at this instance of + treachery, which made every man suspicious of his fellow, that they + separated next day without striking a stroke:[**] the duke fled to + Ireland: the earl of Warwick, attended by many of the other leaders, + escaped to Calais; where his great popularity among all orders of men, + particularly among the military, soon drew to him partisans, and rendered + his power very formidable. The friends of the house of York in England + kept themselves every where in readiness to rise on the first summons from + their leaders. + </p> + <p> + <a name="linkimage-0014" id="linkimage-0014"> + <!-- IMG --></a> <a href="images/1_283_albans_abbey.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_283_albans_abbey_th.jpg" title="St. Albans Abbey" + alt="1_283_albans_abbey.jpg St. Albans Abbey " width="100%" /><br /> + </div> + <p class="side"> + 1460. + </p> + <p> + After meeting with some successes at sea, Warwick landed in Kent, with the + earl of Salisbury, and the earl of Marche, eldest son of the duke of York; + and being met by the primate, by Lord Cobham, and other persons of + distinction, he marched, amidst the acclamations of the people, to London. + The city immediately opened its gates to him; and his troops increasing on + every day's march, he soon found himself in a condition to face the royal + army, which hastened from Coventry to attack him. The battle was fought at + Northampton; and was soon decided against the royalists by the infidelity + of Lord Grey of Ruthin, who, commanding Henry's van, deserted to the enemy + during the heat of action, and spread a consternation through the troops. + The duke of Buckingham, the earl of Shrewsbury, the Lords Beaumont and + Egremont, and Sir William Lucie were killed in the action or pursuit: the + slaughter fell chiefly on the gentry and nobility; the common people were + spared by orders of the earls of Warwick and Marche.[***] + </p> +<pre xml:space="preserve"> + * Holingshed, p. 649. Grafton, p. 936. + + ** Holingshed, p. 650. Grafton, p. 537 + + *** Stowe, p. 409. +</pre> + <p> + Henry himself, that empty shadow of a king, was again taken prisoner; and + as the innocence and simplicity of his manners, which bore the appearance + of sanctity, had procured him the tender regard of the people,[*] the earl + of Warwick and the other leaders took care to distinguish themselves by + their respectful demeanor towards him. + </p> + <p> + A parliament was summoned in the king's name, and met at Westminster; + where the duke soon after appeared from Ireland. This prince had never + hitherto advanced openly any claim to the crown: he had only complained of + ill ministers, and demanded a redress of grievances; and even in the + present crisis, when the parliament was surrounded by his victorious army, + he showed such a regard to law and liberty, as is unusual during the + prevalence of a party in any civil dissensions; and was still less to be + expected in those violent and licentious times. He advanced towards the + throne; and being met by the archbishop of Canterbury, who asked him, + whether he had yet paid his respects to the king, he replied, that he knew + of none to whom he owed that title. He then stood near the throne,[**] and + addressing himself to the house of peers, he gave them a deduction of his + title by descent, mentioned the cruelties by which the house of Lancaster + had paved their way to sovereign power, insisted on the calamities which + had attended the government of Henry, exhorted them to return into the + right path, by doing justice to the lineal successor, and thus pleaded his + cause before them as his natural and legal judges.[***] This cool and + moderate manner of demanding a crown intimidated his friends and + encouraged his enemies: the lords remained in suspense;[****] and no one + ventured to utter a word on the occasion. + </p> +<pre xml:space="preserve"> + * Hall, fol. 169. Grafton, p. 195. + + ** Holingshed, p. 650 + + *** Cotton, p. 665. Grafton, p. 643. + + **** Holingshed, p. 657. Grafton, p. 645. +</pre> + <p> + Richard, who had probably expected that the peers would have invited him + to place himself on the throne, was much disappointed at their silence; + but desiring them to reflect on what he had proposed to them, he departed + the house. The peers took the matter into consideration, with as much + tranquillity as if it had been a common subject of debate: they desired + the assistance of some considerable members among the commons in their + deliberations: they heard in several successive days, the reasons alleged + for the duke of York: they even ventured to propose objections to his + claim founded on former entails of the crown, and on the oaths of fealty + sworn to the house of Lancaster:[*] they also observed that as Richard had + all along borne the arms of York, not those of Clarence, he could not + claim as successor to the latter family: and after receiving answers to + these objections, derived from the violence and power by which the house + of Lancaster supported their present possession of the crown, they + proceeded to give a decision. Their sentence was calculated, as far as + possible, to please both parties: they declared the title of the duke of + York to be certain and indefeasible; but in consideration that Henry had + enjoyed the crown, without dispute or controversy, during the course of + thirty-eight years, they determined that he should continue to possess the + title and dignity during the remainder of his life; that the + administration of the government, meanwhile, should remain with Richard; + that he should be acknowledged the true and lawful heir of the monarchy; + that every one should swear to maintain his succession, and it should be + treason to attempt his life; and that all former settlements of the crown, + in this and the two last reigns, should be abrogated and rescinded.[**] + The duke acquiesced in this decision: Henry himself, being a prisoner, + could not oppose it: even if he had enjoyed his liberty, he would not + probably have felt any violent reluctance against it: and the act thus + passed with the unanimous consent of the whole legislative body. Though + the mildness of this compromise is chiefly to be ascribed to the + moderation of the duke of York, it is impossible not to observe in those + transactions visible marks of a higher regard to law, and of a more fixed + authority enjoyed by parliament, than has appeared in any former period of + English history. + </p> +<pre xml:space="preserve"> + * Cotton, p. 666. + + ** Cotton, p. 666. Grafton, p. 647. +</pre> + <p> + It is probable that the duke, without employing either menaces or + violence, could have obtained from the commons a settlement more + consistent and uniform: but as many, if not all the members of the upper + house, had received grants, concession, or dignities, during the last + sixty years, when the house of Lancaster was possessed of the government, + they were afraid of invalidating their own titles by too sudden and + violent an overthrow of that family; and in thus temporizing between the + parties, they fixed the throne on a basis upon which it could not possibly + stand. The duke, apprehending his chief danger to arise from the genius + and spirit of Queen Margaret sought a pretence for banishing her the + kingdom: he sent her, in the king's name, a summons to come immediately to + London; intending, in case of her disobedience, to proceed to extremities + against her. But the queen needed not this menace to excite her activity + in defending the rights of her family. After the defeat at Northampton, + she had fled with her infant son to Durham, thence to Scotland; but soon + returning, she applied to the northern barons, and employed every motive + to procure their assistance. Her affability, insinuation, and address,—qualities + in which she excelled,—her caresses, her promises, wrought a + powerful effect on every one who approached her: the admiration of her + great qualities was succeeded by compassion towards her helpless + condition: the nobility of that quarter, who regarded themselves as the + most warlike in the kingdom, were moved by indignation to find the + southern barons pretend to dispose of the crown and settle the government. + And that they might allure the people to their standard, they promised + them the spoils of all the provinces on the other side of the Trent. By + these means, the queen had collected an army twenty thousand strong, with + a celerity which was neither expected by her friends nor apprehended by + her enemies. + </p> + <p> + The duke of York, informed of her appearance in the north, hastened + thither with a body of five thousand men, to suppress, as he imagined, the + beginnings of an insurrection; when, on his arrival at Wakefield, he found + himself so much outnumbered by the enemy. He threw himself into Sandal + Castle, which was situated in the neighborhood; and he was advised by the + earl of Salisbury, and other prudent counsellors, to remain in that + fortress till his son, the earl of Marche, who was levying forces in the + borders of Wales, could advance to his assistance.[*] But the duke, though + deficient in political courage, possessed personal bravery in an eminent + degree; and notwithstanding his wisdom and experience, he thought that he + should be forever disgraced, if, by taking shelter behind walls, he should + for a moment resign the victory to a woman. + </p> +<pre xml:space="preserve"> + * Stowe, p. 412. +</pre> + <p> + He descended into the plain, and offered battle to the enemy, which was + instantly accepted. The great inequality of numbers was sufficient alone + to decide the victory; but the queen, by sending a detachment, who fell on + the back of the duke's army, rendered her advantage still more certain and + undisputed. The duke himself was killed in the action; and as his body was + found among the slain, the head was cut off by Margaret's orders, and + fixed on the gates of York, with a paper crown upon it, in derision of his + pretended title. His son, the earl of Rutland, a youth of seventeen, was + brought to Lord Clifford; and that barbarian, in revenge of his father's + death, who had perished in the battle of St. Albans, murdered in cool + blood, and with his own hands, this innocent prince, whose exterior + figure, as well as other accomplishments, are represented by historians as + extremely amiable. The earl of Salisbury was wounded and taken prisoner, + and immediately beheaded, with several other persons of distinction, by + martial law at Pomfret.[*] There fell near three thousand Yorkists in this + battle: the duke himself was greatly and justly lamented by his own party; + a prince who merited a better fate, and whose errors in conduct proceeded + entirely from such qualities as render him the more an object of esteem + and affection. He perished in the fiftieth year of his age, and left three + sons, Edward, George, and Richard, with three daughters, Anne, Elizabeth, + and Margaret. + </p> + <p class="side"> + 1461. + </p> + <p> + The queen, after this important victory, divided her army. She sent the + smaller division, under Jasper Tudor, earl of Pembroke, half brother to + the king, against Edward the new duke of York. She herself marched with + the larger division towards London, where the earl of Warwick had been + left with the command of the Yorkists. Pembroke was defeated by Edward at + Mortimer's Cross, in Herefordshire, with the loss of near four thousand + men: his army was dispersed; he himself escaped by flight; but his father, + Sir Owen Tudor, was taken prisoner, and immediately beheaded by Edward's + orders. This barbarous practice, being once begun, was continued by both + parties, from a spirit of revenge, which covered itself under the pretence + of retaliation.[**] + </p> +<pre xml:space="preserve"> + * Poivd. Virg. p 510. + + ** Holingshed, p. 660. Grafton, p. 650. +</pre> + <p> + Margaret compensated this defeat by a victory which she obtained over the + earl of Warwick. That nobleman on the approach of the Lancastrians, led + out his army, reënforced by a strong body of the Londoners, who were + affectionate to his cause; and he gave battle to the queen at St. Albans. + While the armies were warmly engaged, Lovelace, who commanded a + considerable body of the Yorkists, withdrew from the combat; and this + treacherous conduct, of which there are many instances in those civil + wars, decided the victory in favor of the queen. About two thousand three + hundred of the vanquished perished in the battle and pursuit; and the + person of the king fell again into the hands of his own party. This weak + prince was sure to be almost equally a prisoner whichever faction had the + keeping of him; and scarce any more decorum was observed by one than by + the other, in their method of treating him. Lord Bonville, to whose care + he had been intrusted by the Yorkists, remained with him after the defeat, + on assurances of pardon given him by Henry: but Margaret, regardless of + her husband's promise, immediately ordered the head of that nobleman to be + struck off by the executioner.[*] Sir Thomas Kiriel, a brave warrior, who + had signalized himself in the French wars, was treated in the same manner. + </p> + <p> + The queen made no great advantage of this victory: young Edward advanced + upon her from the other side; and collecting the remains of Warwick's + army, was soon in a condition of giving her battle with superior forces. + She was sensible of her danger, while she lay between the enemy and the + city of London; and she found it necessary to retreat with her army to the + north.[**] + </p> +<pre xml:space="preserve"> + * Holingshed, p. 660. + + ** Grafton, p. 652. +</pre> + <p> + Edward entered the capital amidst the acclamations of the citizens, and + immediately opened a new scene to his party. This prince, in the bloom of + youth, remarkable for the beauty of this person, for his bravery, his + activity, his affability, and every popular quality, found himself so much + possessed of public favor, that, elated with the spirit natural to his + age, he resolved no longer to confine himself within those narrow limits + which his father had prescribed to himself, and which had been found by + experience so prejudicial to his cause. He determined to assume the name + and dignity of king; to insist openly on his claim; and thenceforth to + treat the opposite party as traitors and rebels to his lawful authority. + But as a national consent, or the appearance of it, still seemed, + notwithstanding his plausible title, requisite to precede this bold + measure, and as the assembling of a parliament might occasion too many + delays, and be attended with other inconveniences, he ventured to proceed + in a less regular manner, and to put it out of the power of his enemies to + throw obstacles in the way of his elevation. His army was ordered to + assemble in St. John's Fields; great numbers of people surrounded them; an + harangue was pronounced to this mixed multitude, setting forth the title + of Edward, and inveighing against the tyranny and usurpation of the rival + family; and the people were then asked whether they would have Henry of + Lancaster for king. They unanimously exclaimed against the proposal. It + was then demanded whether they would accept of Edward, eldest son of the + late duke of York. They expressed their assent by loud and joyful + acclamations.[*] A great number of bishops, lords, magistrates, and other + persons of distinction were next assembled at Baynard's Castle, who + ratified the popular election; and the new king was on the subsequent day + proclaimed in London, by the title of Edward IV.[**] + </p> + <p> + In this manner ended the reign of Henry VI., a monarch, who, while in his + cradle, had been proclaimed king both of France and England, and who began + his life with the most splendid prospects that any prince in Europe had + ever enjoyed. The revolution was unhappy for his people, as it was the + source of civil wars; but was almost entirely indifferent to Henry + himself, who was utterly incapable of exercising his authority, and who, + provided he personally met with good usage, was equally easy, as he was + equally enslaved, in the hands of his enemies and of his friends. His + weakness and his disputed title were the chief causes of the public + calamities: but whether his queen and his ministers were not also guilty + of some great abuses of power, it is not easy for us at this distance of + time to determine: there remain no proofs on record of any considerable + violation of the laws, except in the assassination of the duke of + Glocester, which was a private crime, formed no precedent, and was but too + much of a piece with the usual ferocity and cruelty of the times. + </p> + <p> + The most remarkable law which passed in this reign, was that for the due + election of members of parliament in counties. After the fall of the + feudal system, the distinction of tenures was in some measure lost; and + every freeholder, as well those who held of mesne lords, as the immediate + tenants of the crown, were by degrees admitted to give their votes at + elections. This innovation (for such it may probably be esteemed) was + indirectly confirmed by a law of Henry IV.[***] which gave right to such a + multitude of electors, as was the occasion of great disorder. + </p> +<pre xml:space="preserve"> + * Stowe, p. 415. Holingshed, p. 661. + + ** Grafton, p. 653. + + *** Statutes at large, 7 Henry IV. ca. 15. +</pre> + <p> + In the eighth and tenth of this king, therefore, laws were enacted, + limiting the electors to such as possessed forty shillings a year in land, + free from all burdens within the county.[*] This sum was equivalent to + near twenty pounds a year of our present money, and it were to be wished, + that the spirit, as well as letter, of this law had been maintained. + </p> + <p> + The preamble of the statute is remarkable: "Whereas the elections of + knights have of late, in many counties of England, been made by outrageous + and excessive numbers of people, many of them of small substance and + value, yet pretending to a right equal to the best knights and esquires; + whereby manslaughters, riots, batteries, and divisions among the gentlemen + and other people of the same counties, shall very likely rise and be, + unless due remedy be provided in this behalf, etc." We may learn from + these expressions, what an important matter the election of a member of + parliament was now become in England: that assembly was beginning in this + period to assume great authority: the commons had it much in their power + to enforce the execution of the laws; and if they failed of success in + this particular, it proceeded less from any exorbitant power of the crown, + than from the licentious spirit of the aristocracy, and perhaps from the + rude education of the age, and their own ignorance of the advantages + resulting from a regular administration of justice. + </p> + <p> + When the duke of York, the earls of Salisbury and Warwick, fled the + kingdom upon the desertion of their troops, a parliament was summoned at + Coventry in 1460, by which they were all attainted. This parliament seems + to have been very irregularly constituted, and scarcely deserves the name; + insomuch, that an act passed in it, "that all such knights of any county, + as were returned by virtue of the king's letters, without any other + election, should be valid; and that no sheriff should, for returning them, + incur the penalty of the statute of Henry IV."[**] All the acts of that + parliament were afterwards reversed; "because it was unlawfully summoned, + and the knights and barons not duly chosen."[***] + </p> +<pre xml:space="preserve"> + * Statutes at large, 8 Henry VI. cap. 7. 10 Henry VI. cap. + 2. + + ** Cotton, p. 664. + + *** Statutes at large, 39 Henry VI. cap. 1 +</pre> + <p> + The parliaments in this reign, instead of relaxing their vigilance against + the usurpations of the court of Rome, endeavored to enforce the former + statutes enacted for that purpose. The commons petitioned, that no + foreigner should be capable of any church preferment, and that the patron + might be allowed to present anew upon the non-residence of any + incumbent:[*] but the king eluded these petitions. Pope Martin wrote him a + severe letter against the statute of provisors; which he calls an + abominable law, that would infallibly damn every one who observed it.[**] + The cardinal of Winchester was legate; and as he was also a kind of prime + minister, and immensely rich from the profits of his clerical dignities, + the parliament became jealous lest he should extend the papal power; and + they protested, that the cardinal should absent himself in all affairs and + councils of the king, whenever the pope or see of Rome was touched + upon.[***] + </p> + <p> + Permission was given by parliament to export corn when it was at low + prices; wheat at six shillings and eightpence a quarter, money of that + age; barley at three shillings and fourpence.[****] It appears from these + prices, that corn still remained at near half its present value; though + other commodities were much cheaper. The inland commerce of corn was also + opened in the eighteenth of the king, by allowing any collector of the + customs to grant a license of carrying it from one county to + another.[*****] The same year a kind of navigation act was proposed with + regard to all places within the Straits; but the king rejected it.[******] + </p> + <p> + The first instance of debt contracted upon parliamentary security occurs + in this reign.[*******] The commencement of this pernicious practice + deserves to be noted; a practice the more likely to become pernicious, the + more a nation advances in opulence and credit. The ruinous effects of it + are now become apparent, and threaten the very existence of the nation. + </p> +<pre xml:space="preserve"> + * Cotton, p. 585. + + ** Burnet's Collection of Records, vol. i. p. 99. + + *** Cotton, p. 593. + + **** Statutes at large, 15 Henry VI. cap. 2. 23 Henry VI. cap. + 6. + + ****** Cotton, p. 626. + + ******* Cotton, p. 593, 614, 638. +</pre> + <p> + <a name="link2HCH0010" id="link2HCH0010"> + <!-- H2 anchor --> </a> <a name="linkedward4" id="linkedward4"></a><br /> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XXII. + </h2> + <p> + <a name="linkimage-0015" id="linkimage-0015"> + <!-- IMG --></a> <a href="images/1_286_edward4.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_286_edward4_th.jpg" title="Edward IV." + alt="1_286_edward4.jpg Edward IV. " width="100%" /><br /> + </div> + <h2> + EDWARD IV. + </h2> + <p class="side"> + 1461. + </p> + <p> + Young Edward, now in his twentieth year, was of a temper well fitted to + make his way through such a scene of war, havoc, and devastation, as must + conduct him to the full possession of that crown, which he claimed from + hereditary right, but which he had assumed from the tumultuary election + alone of his own party. He was bold, active, enterprising; and his + hardness of heart and severity of character rendered him impregnable to + all those movements of compassion which might relax his vigor in the + prosecution of the most bloody revenges upon his enemies. The very + commencement of his reign gave symptoms of his sanguinary disposition. A + tradesman of London, who kept shop at the sign of the Crown, having said + that he would make his son heir to the crown; this harmless pleasantry was + interpreted to be spoken in derision of Edward's assumed title; and he was + condemned and executed for the offence.[*] Such an act of tyranny was a + proper prelude to the events which ensued. The scaffold, as well as the + field, incessantly streamed with the noblest blood of England, spilt in + the quarrel between the two contending families, whose animosity was now + become implacable. The people, divided in their affections, took different + symbols of party: the partisans of the house of Lancaster chose the red + rose as their mark of distinction;[**] those of York were denominated from + the white; and these civil wars were thus known over Europe by the name of + the quarrel between the two roses. + </p> +<pre xml:space="preserve"> + * Habington in Kennet, p. 431. + + ** Grafton, p. 791. +</pre> + <p> + The license in which Queen Margaret had been obliged to indulge her + troops, infused great terror and aversion into the city of London, and all + the southern parts of the kingdom; and as she there expected an obstinate + resistance, she had prudently retired northwards among her own partisans. + The same license, joined to the zeal of faction, soon brought great + multitudes to her standard; and she was able, in a few days, to assemble + an army sixty thousand strong in Yorkshire. The king and the earl of + Warwick hastened, with an army of forty thousand men, to check her + progress; and when they reached Pomfret, they despatched a body of troops, + under the command of Lord Fitzwalter, to secure the passage of Ferrybridge + over the River Are, which lay between them and the enemy. Fitzwalter took + possession of the post assigned him; but was not able to maintain it + against Lord Clifford, who attacked him with superior numbers. The + Yorkists were chased back with great slaughter; and Lord Fitzwalter + himself was slain in the action.[*] The earl of Warwick, dreading the + consequences of this disaster, at a time when a decisive action was every + hour expected, immediately ordered his horse to be brought him, which he + stabbed before the whole army; and kissing the hilt of his sword, swore + that he was determined to share the fate of the meanest soldier.[**] And + to show the greater security, a proclamation was at the same time issued, + giving to every one full liberty to retire, but menacing the severest + punishment to those who should discover any symptoms of cowardice in the + ensuing battle.[***] Lord Falconberg was sent to recover the post which + had been lost: he passed the river some miles above Ferrybridge, and + falling unexpectedly on Lord Clifford, revenged the former disaster by the + defeat of the party and the death of their leader.[****] + </p> +<pre xml:space="preserve"> + * W. Wyrcester, p. 489. Hall, fol. 186. Holingshed, p. 664. + + ** Habington, p. 432. + + *** Holingshed, p. 664. + + **** Hist. Croyl. Contin. p. 532. +</pre> + <p> + The hostile armies met at Touton; and a fierce and bloody battle ensued. + While the Yorkists were advancing to the charge, there happened a great + fall of snow, which, driving full in the faces of their enemies, blinded + them; and this advantage was improved by a stratagem of Lord Falconberg's. + That nobleman ordered some infantry to advance before the line, and, after + having sent a volley of flight-arrows, as they were called, amidst the + enemy, immediately to retire. The Lancastrians, imagining that they were + gotten within reach of the opposite army, discharged all their arrows, + which thus fell short of the Yorkists.[*] After the quivers of the enemy + were emptied, Edward advanced his line, and did execution with impunity on + the dismayed Lancastrians: the bow, however, was soon laid aside, and the + sword decided the combat, which ended in a total victory on the side of + the Yorkists. Edward issued orders to give no quarter.[**] The routed army + was pursued to Tadcaster with great bloodshed and confusion; and above + thirty-six thousand men are computed to have fallen in the battle and + pursuit:[***] among these were the earl of Westmoreland, and his brother + Sir John Nevil, the earl of Northumberland, the Lords Dacres and Welles, + and Sir Andrew Trollop.[****] The earl of Devonshire, who was now engaged + in Henry's party, was brought a prisoner to Edward; and was soon after + beheaded by martial law at York. His head was fixed on a pole erected over + a gate of that city; and the head of Duke Richard and that of the earl of + Salisbury were taken down, and buried with their bodies. Henry and + Margaret had remained at York during the action, but learning the defeat + of their army, and being sensible that no place in England could now + afford them shelter, they fled with great precipitation into Scotland. + They were accompanied by the duke of Exeter, who, though he had married + Edward's sister, had taken part with the Lancastrians; and by Henry, duke + of Somerset, who had commanded in the unfortunate battle of Touton, and + who was the son of that nobleman killed in the first battle of St. Albans. + </p> +<pre xml:space="preserve"> + * Hall, fol. 186. + + ** Habington, p. 432. + + *** Holingshed, p. 665. Grafton, p. 656. Hist. Croyl. Cont. + p. 533. + + **** Hall, fol. 187. Habington, p. 433. +</pre> + <p> + Notwithstanding the great animosity which prevailed between the kingdoms, + Scotland had never exerted itself with vigor, to take advantage either of + the wars which England carried on with France, or of the civil commotions + which arose between the contending families. James I., more laudably + employed in civilizing his subjects, and taming them to the salutary yoke + of law and justice, avoided all hostilities with foreign nations; and + though he seemed interested to maintain a balance between France and + England, he gave no further assistance to the former kingdom in its + greatest distresses, than permitting, and perhaps encouraging, his + subjects to enlist in the French service. After the murder of that + excellent prince, the minority of his son and successor, James II., and + the distractions incident to it, retained the Scots in the same state of + neutrality; and the superiority visibly acquired by France, rendered it + then unnecessary for her ally to interpose in her defence. But when the + quarrel commenced between the houses of York and Lancaster, and became + absolutely incurable but by the total extinction of one party, James, who + had now risen to man's estate, was tempted to seize the opportunity, and + he endeavored to recover those places which the English had formerly + conquered from his ancestors. He laid siege to the Castle of Roxburgh in + 1460, and had provided himself with a small train of artillery for that + enterprise: but his cannon were so ill framed, that one of them burst as + he was firing it, and put an end to his life in the flower of his age. His + son and successor, James III., was also a minor on his accession: the + usual distractions ensued in the government: the queen dowager, Anne of + Gueldres, aspired to the regency: the family of Douglas opposed her + pretensions: and Queen Margaret, when she fled into Scotland, found there + a people little less divided by faction, than those by whom she had been + expelled. Though she pleaded the connections between the royal family of + Scotland and the house of Lancaster, by the young king's grandmother, a + daughter of the earl of Somerset, she could engage the Scottish council to + go no further than to express their good wishes in her favor; but on her + offer to deliver to them immediately the important fortress of Berwick, + and to contract her son in marriage with a sister of King James, she found + a better reception; and the Scots promised the assistance of their arms to + reinstate her family upon the throne.[*] But as the danger from that + quarter seemed not very urgent to Edward, he did not pursue the fugitive + king and queen into their retreat; but returned to London, where a + parliament was summoned for settling the government. + </p> + <p> + On the meeting of this assembly, Edward found the good effects of his + vigorous measure in assuming the crown, as well as of his victory at + Touton, by which he had secured it;[**] the parliament no longer hesitated + between the two families or proposed any of those ambiguous decisions + which could only serve to perpetuate and inflame the animosities of party. + </p> +<pre xml:space="preserve"> + * Hall, fol. 137. + + ** Habington, p. 434. +</pre> + <p> + They recognized the title of Edward, by hereditary descent, through the + family of Mortimer; and declared that he was king by right, from the death + of his father, who had also the same lawful title; and that he was in + possession of the crown from the day that he assumed the government, + tendered to him by the acclamations of the people.[*] They expressed their + abhorrence of the usurpation and intrusion of the house of Lancaster, + particularly that of the earl of Derby, otherwise called Henry IV.; which, + they said, had been attended with every kind of disorder, the murder of + the sovereign, and the oppression of the subject. They annulled every + grant which had passed in those reigns; they reinstated the king in all + the possessions which had belonged to the crown at the pretended + deposition of Richard II.; and though they confirmed judicial deeds and + the decrees of inferior courts, they reversed all attainders passed in any + pretended parliament; particularly the attainder of the earl of Cambridge, + the king's grandfather; as well as that of the earls of Salisbury and + Glocester, and of Lord Lumley, who had been forfeited for adhering to + Richard II.[**] + </p> + <p> + Many of these votes were the result of the usual violence of party: the + common sense of mankind, in more peaceable times, repealed them: and the + statutes of the house of Lancaster, being the deeds of an established + government, and enacted by princes long possessed of authority, have + always been held as valid and obligatory. The parliament, however, in + subverting such deep foundations, had still the pretence of replacing the + government on its ancient and natural basis: but in their subsequent + measures, they were more guided by revenge, at least by the views of + convenience, than by the maxims of equity and justice. They passed an act + of forfeiture and attainder against Henry VI. and Queen Margaret and their + infant son Prince Edward: the same act was extended to the dukes of + Somerset and Exeter; to the earls of Northumberland, Devonshire, Pembroke, + Wilts; to the Viscount Beaumont; the Lords Roos, Nevil, Clifford, Welles, + Dacre, Gray of Rugemont, Hungerford; to Alexander Hedie, Nicholas Latimer, + Edmond Mountfort, John Heron, and many other persons of distinction.[***] + </p> +<pre xml:space="preserve"> + * Cotton, p. 670. + + ** Cotton, p. 672. Statutes at large, 1 Edward IV cap. i. + + *** Cotton, p. 670. W. Wyrcester, p. 490. +</pre> + <p> + The parliament vested the estates of all these attainted persons in the + crown, though their sole crime was the adhering to a prince whom every + individual of the parliament had long recognized, and whom that very king + himself, who was now seated on the throne, had acknowledged and obeyed as + his lawful sovereign. + </p> + <p> + The necessity of supporting the government established will more fully + justify some other acts of violence, though the method of conducting them + may still appear exceptionable. John, earl of Oxford, and his son Aubrey + de Vere were detected in a correspondence with Margaret, were tried by + martial law before the constable, were condemned and executed.[*] Sir + William Tyrrel, Sir Thomas Tudenham, and John Montgomery were convicted in + the same arbitrary court; were executed, and their estates forfeited. This + introduction of martial law into civil government was a high strain of + prerogative; which, were it not for the violence of the times, would + probably have appeared exceptionable to a nation so jealous of their + liberties as the English were now become.[**] <a href="#linknote-18" + name="linknoteref-18" id="linknoteref-18">18</a> It was impossible but + such a great and sudden revolution must leave the roots of discontent and + dissatisfaction in the subject, which would require great art, or, in lieu + of it, great violence, to extirpate them. The latter was more suitable to + the genius of the nation in that uncultivated age. + </p> + <p> + But the new establishment still seemed precarious and uncertain; not only + from the domestic discontents of the people, but from the efforts of + foreign powers. Lewis, the eleventh of the name, had succeeded to his + father, Charles, in 1460; and was led, from the obvious motives of + national interest, to feed the flames of civil discord among such + dangerous neighbors, by giving support to the weaker party. But the + intriguing and politic genius of this prince was here checked by itself: + having attempted to subdue the independent spirit of his own vassals, he + had excited such an opposition at home, as prevented him from making all + the advantage, which the opportunity afforded, of the dissensions among + the English. + </p> + <p class="side"> + 1462. + </p> + <p> + He sent, however, a small body to Henry's assistance under Varenne, + seneschal of Normandy;[***] who landed in Northumberland, and got + possession of the Castle of Alnwick; but as the indefatigable Margaret + went in person to France, where she solicited larger supplies and promised + Lewis to deliver up Calais, if her family should by his means be restored + to the throne of England; he was induced to send along with her a body of + two thousand men at arms, which enabled her to take the field, and to make + an inroad into England. + </p> +<pre xml:space="preserve"> + * W. Wyrcester, p. 492. Hall, fol. 189 Grafton, p. 658. + Fabian fol. 215. Fragm. ad finem T. Sproti. + + ** See note R, at the end of the volume. + + **** Monstrelet, vol. iii. p 95. +</pre> + <p class="side"> + 1464. + </p> + <p> + Though reënforced by a numerous train of adventurers from Scotland, and by + many partisans of the family of Lancaster she received a check at + Hedgley-more from Lord Montacute, or Montague, brother to the earl of + Warwick, and warden of the east marches between Scotland and England. + Montague was so encouraged with this success, that, while a numerous + reënforcement was on their march to join him by orders from Edward, he yet + ventured, with his own troops alone, to attack the Lancastrians at Hexham; + and he obtained a complete victory over them. The duke of Somerset, the + Lords Roos and Hungerford, were taken in the pursuit, and immediately + beheaded by martial law at Hexham. Summary justice was in like manner + executed at Newcastle on Sir Humphrey Nevil, and several other gentlemen. + All those who were spared in the field, suffered on the scaffold; and the + utter extermination of their adversaries was now become the plain object + of the York party; a conduct which received but too plausible an apology + from the preceding practice of the Lancastrians. + </p> + <p> + The fate of the unfortunate royal family, after this defeat, was singular. + Margaret, flying with her son into a forest, where she endeavored to + conceal herself, was beset, during the darkness of the night, by robbers, + who, either ignorant or regardless of her quality, despoiled her of her + rings and jewels, and treated her with the utmost indignity. The partition + of this rich booty raised a quarrel among them; and while their attention + was thus engaged, she took the opportunity of making her escape with her + son into the thickest of the forest where she wandered for some time, + overspent with hunger and fatigue, and sunk with terror and affliction. + While in this wretched condition, she saw a robber approach with his naked + sword; and finding that she had no means of escape, she suddenly embraced + the resolution of trusting entirely for protection to his faith and + generosity. She advanced towards him; and presenting to him the young + prince, called out to him, "Here, my friend, I commit to your care the + safety of your king's son." The man, whose humanity and generous spirit + had been obscured, not entirely lost, by his vicious course of life, was + struck with the singularity of the event, was charmed with the confidence + reposed in him, and vowed, not only to abstain from all injury against the + princess, but to devote himself entirely to her service.[*] By his means + she dwelt some time concealed in the forest, and was at last conducted to + the sea-coast, whence she made her escape into Flanders. She passed thence + into her father's court, where she lived several years in privacy and + retirement. Her husband was not so fortunate or so dexterous in finding + the means of escape. Some of his friends took him under their protection, + and conveyed him into Lancashire, where he remained concealed during a + twelvemonth; but he was at last detected, delivered up to Edward, and + thrown into the Tower.[**] The safety of his person was owing less to the + generosity of his enemies, than to the contempt which they had entertained + of his courage and his understanding. + </p> + <p> + The imprisonment of Henry, the expulsion of Margaret, the execution and + confiscation of all the most eminent Lancastrians, seemed to give full + security to Edward's government; whose title by blood, being now + recognized by parliament, and universally submitted to by the people, was + no longer in danger of being impeached by any antagonist. In this + prosperous situation, the king delivered himself up, without control, to + those pleasures which his youth, his high fortune, and his natural temper + invited him to enjoy; and the cares of royalty were less attended to than + the dissipation of amusement, or the allurements of passion. The cruel and + unrelenting spirit of Edward, though inured to the ferocity of civil wars, + was at the same time extremely devoted to the softer passions, which, + without mitigating his severe temper, maintained a great influence over + him, and shared his attachment with the pursuits of ambition and the + thirst of military glory. During the present interval of peace, he lived + in the most familiar and sociable manner with his subjects,[***] + particularly with the Londoners; and the beauty of his person, as well as + the gallantry of his address, which, even unassisted by his royal dignity, + would have rendered him acceptable to the fair, facilitated all his + applications for their favor. + </p> +<pre xml:space="preserve"> + * Monstrelet, vol. iii. p. 96. + + ** Hall, fol. 191. Fragm. ad finem Sproti. + + *** Polyd. Virg. p. 513. Biondi. +</pre> + <p> + This easy and pleasurable course of life augmented every day his + popularity among all ranks of men: he was the peculiar favorite of the + young and gay of both sexes. The disposition of the English little + addicted to jealousy, kept them from taking umbrage at these liberties: + and his indulgence in amusements, while it gratified his inclination, was + thus become, without design, a means of supporting and securing his + government. But as it is difficult to confine the ruling passion within + strict rules of prudence, the amorous temper of Edward led him into a + snare, which proved fatal to his repose, and to the stability of his + throne. + </p> + <p> + Jaqueline of Luxembourg, duchess of Bedford, had, after her husband's + death, so far sacrificed her ambition to love, that she espoused, in + second marriage, Sir Richard Woodeville a private gentleman, to whom she + bore several children; and among the rest, Elizabeth, who was remarkable + for the grace and beauty of her person, as well as for other amiable + accomplishments. This young lady had married Sir John Gray of Groby, by + whom she had children; and her husband being slain in the second battle of + St. Albans, fighting on the side of Lancaster, and his estate being for + that reason confiscated, his widow retired to live with her father, at his + seat of Grafton, in Northamptonshire. The king came accidentally to the + house after a hunting party, in order to pay a visit to the duchess of + Bedford; and as the occasion seemed favorable for obtaining some grace + from this gallant monarch, the young widow flung herself at his feet, and + with many tears entreated him to take pity on her impoverished and + distressed children. The sight of so much beauty in affliction strongly + affected the amorous Edward; love stole sensibly into his heart under the + guise of compassion; and her sorrow, so becoming a virtuous matron, made + his esteem and regard quickly correspond to his affection. He raised her + from the ground with assurances of favor; he found his passion increase + every moment, by the conversation of the amiable object; and he was soon + reduced, in his turn, to the posture and style of a supplicant at the feet + of Elizabeth. But the lady, either averse to dishonorable love from a + sense of duty, or perceiving that the impression which she had made was so + deep as to give her hopes of obtaining the highest elevation, obstinately + refused to gratify his passion; and all the endearments, caresses, and + importunities of the young and amiable Edward proved fruitless against her + rigid and inflexible virtue. His passion, irritated by opposition, and + increased by his veneration for such honorable sentiments carried him at + last beyond all bounds of reason and he offered to share his throne, as + well as his heart, with the woman whose beauty of person and dignity of + character seemed so well to entitle her to both. The marriage was + privately celebrated at Grafton:[**] the secret was carefully kept for + some time: no one suspected that so libertine a prince could sacrifice so + much to a romantic passion; and there were, in particular, strong reasons, + which, at that time, rendered this step, to the highest degree, dangerous + and imprudent. + </p> + <p> + The king, desirous to secure his throne, as well by the prospect of issue + as by foreign alliances, had, a little before, determined to make + application to some neighboring princess, and he had cast his eye on Bona + of Savoy, sister to the queen of France, who, he hoped, would by her + marriage insure him the friendship of that power, which was alone both + able and inclined to give support and assistance to his rival. To render + the negotiation more successful, the earl of Warwick had been despatched + to Paris, where the princess then resided; he had demanded Bona in + marriage for the king; his proposals had been accepted; the treaty was + fully concluded; and nothing remained but the ratification of the terms + agreed on, and the bringing over the princess to England.[**] But when the + secret of Edward's marriage broke out, the haughty earl, deeming himself + affronted, both by being employed in this fruitless negotiation, and by + being kept a stranger to the king's intentions, who had owed every thing + to his friendship, immediately returned to England, inflamed with rage and + indignation. The influence of passion over so young a man as Edward, might + have served as an excuse for his imprudent conduct, had he deigned to + acknowledge his error, or had pleaded his weakness as an apology; but his + faulty shame or pride prevented him from so much as mentioning the matter + to Warwick; and that nobleman was allowed to depart the court, full of the + same ill humor and discontent which he brought to it. + </p> +<pre xml:space="preserve"> + * Hall, fol. 193. Fabian, fol. 216. + + ** Hall, fol. 193. Habington, p. 437. Holingshed, p. 607. + Grafton, p. 665. Polyd. Virg. p. 513. +</pre> + <p class="side"> + 1466. + </p> + <p> + Every incident now tended to widen the breach between the king and this + powerful subject. The queen, who lost not her influence by marriage, was + equally solicitous to draw every grace and favor to her own friends and + kindred, and to exclude those of the earl, whom she regarded as her + mmortal enemy. Her father was created earl of Rivers: he was made + treasurer in the room of Lord Mountjoy:[*] he was invested in the office + of constable for life; and his son received the survivance of that high + dignity.[**] The same young nobleman was married to the only daughter of + Lord Scales, enjoyed the great estate of that family, and had the title of + Scales conferred upon him. Catharine, the queen's sister, was married to + the young duke of Buckingham, who was a ward of the crown:[***] Mary, + another of her sisters espoused William Herbert, created earl of + Huntingdon: Anne, a third sister, was given in marriage to the son and + heir of Gray, Lord Ruthyn, created earl of Kent.[****] The daughter and + heir of the duke of Exeter, who was also the king's niece, was contracted + to Sir Thomas Gray, one of the queen's sons by her former husband; and as + Lord Montague was treating of a marriage between his son and this lady, + the preference given to young Gray was deemed an injury and affront to the + whole family of Nevil. + </p> + <p> + The earl of Warwick could not suffer with patience the least diminution of + that credit which he had long enjoyed, and which he thought he had merited + by such important services. Though he had received so many grants from the + crown, that the revenue arising from them amounted, besides his + patrimonial estate, to eighty thousand crowns a year, according to the + computation of Philip de Comines,[*****] his ambitious spirit was still + dissatisfied, so long as he saw others surpass him in authority and + influence with the king.[******] Edward also, jealous of that power which + had supported him and which he himself had contributed still higher to + exalt, was well pleased to raise up rivals in credit to the earl of + Warwick; and he justified, by this political view, his extreme partiality + to the queen's kindred. But the nobility of England, envying the sudden + growth of the Woodevilles,[*******] were more inclined to take part with + Warwick's discontent, to whose grandeur they were already accustomed, and + who had reconciled them to his superiority by his gracious and popular + manners. + </p> +<pre xml:space="preserve"> + * W. Wyrcester, p. 506. + + ** W. Wyrcester, p. 505. + + *** Liv. iii. chap. 4. + + **** Hist. Croyl. Cont. p. 539. + + ****** Polyd. Virg. p. 514. + + ******* Rymer, vol. xi. p. 581. +</pre> + <p> + And as Edward obtained from parliament a general resumption of all grants, + which he had made since his accession, and which had extremely + impoverished the crown,[*] this act, though it passed with some + exceptions, particularly one in favor of the earl of Warwick, gave a + general alarm to the nobility, and disgusted many, even zealous partisans + of the family of York. + </p> + <p> + But the most considerable associate that Warwick acquired to his party, + was George, duke of Clarence, the king's second brother. This prince + deemed himself no less injured than the other grandees, by the + uncontrolled influence of the queen and her relations; and as his fortunes + were still left upon a precarious footing, while theirs were fully + established, this neglect, joined to his unquiet and restless spirit, + inclined him to give countenance to all the malecontents.[**] The + favorable opportunity of gaining him was espied by the earl of Warwick, + who offered him in marriage his elder daughter, and coheir of his immense + fortunes; a settlement which, as it was superior to any that the king + himself could confer upon him, immediately attached him to the party of + the earl.[***] Thus an extensive and dangerous combination was insensibly + formed against Edward and his ministry. Though the immediate object of the + malecontents was not to overturn the throne, it was difficult to foresee + the extremities to which they might be carried: and as opposition to + government was usually in those ages prosecuted by force of arms, civil + convulsions and disorders were likely to be soon the result of these + intrigues and confederacies. + </p> +<pre xml:space="preserve"> + * W. Wyrcester, p. 508. + + ** W. Wyrcester, p. 511. Hall, fol. 200. Habington, p. 439. + Holingshed, p. 671. Polyd. Virg. p. 515. + + *** Grafton. p. 873. +</pre> + <p> + While this cloud was gathering at home, Edward carried his views abroad, + and endeavored to secure himself against his factious nobility, by + entering into foreign alliances. The dark and dangerous ambition of Lewis + XI., the more it was known, the greater alarm it excited among his + neighbors and vassals; and as it was supported by great abilities, and + unrestrained by any principle of faith or humanity, they found no security + to themselves but by a jealous combination against him. Philip, duke of + Burgundy, was now dead: his rich and extensive dominions were devolved to + Charles, his only son, whose martial disposition acquired him the surname + of Bold, and whose ambition, more outrageous than that of Lewis, but + seconded by less power and policy, was regarded with a more favorable eye + by the other potentates of Europe. + </p> + <p> + The opposition of interests, and still more a natural antipathy of + character, produced a declared animosity between these bad princes; and + Edward was thus secure of the sincere attachment of either of them, for + whom he should choose to declare himself. The duke of Burgundy, being + descended by his mother, a daughter of Portugal, from John of Gaunt, was + naturally inclined to favor the house of Lancaster:[*] but this + consideration was easily overbalanced by political motives; and Charles, + perceiving the interests of that house to be extremely decayed in England, + sent over his natural brother, commonly called the Bastard of Burgundy, to + carry in his name proposals of marriage to Margaret, the king's sister. + </p> + <p class="side"> + 1468. + </p> + <p> + The alliance of Burgundy was more popular among the English than that of + France; the commercial interests of the two nations invited the princes to + a close union; their common jealousy of Lewis was a natural cement between + them; and Edward, pleased with strengthening himself by so potent a + confederate, soon concluded the alliance, and bestowed his sister upon + Charles.[**] A league, which Edward at the same time concluded with the + duke of Brittany, seemed both to increase his security, and to open to him + the prospect of rivalling his predecessors in those foreign conquests, + which, however short-lived and unprofitable, had rendered their reigns so + popular and illustrious.[***] + </p> +<pre xml:space="preserve"> + * Comine's, liv. iii. chap. 4, 6. + + ** W. Wyrcester, p. 5. Parl. Hist. vol. ii. p. 332. + + *** Hall, fol. 169, 197. +</pre> + <p class="side"> + 1469. + </p> + <p> + But whatever ambitious schemes the king might have built on these + alliances, they were soon frustrated by intestine commotions, which + engrossed all his attention. These disorders probably arose not + immediately from the intrigues of the earl of Warwick, but from accident, + aided by the turbulent spirit of the age, by the general humor of + discontent which that popular nobleman had instilled into the nation, and + perhaps by some remains of attachment to the house of Lancaster. The + hospital of St. Leonard's, near York, had received, from an ancient grant + of King Athelstane, a right of levying a thrave of corn upon every + plough-land in the county; and as these charitable establishments are + liable to abuse, the country people complained, that the revenue of the + hospital was no longer expended for the relief of the poor, but was + secreted by the managers, and employed to their private purposes. + </p> + <p> + After long repining at the contribution, they refused payment: + ecclesiastical and civil censures were issued against them, their goods + were distrained, and their persons thrown into jail: till, as their ill + humor daily increased, they rose in arms; fell upon the officers of the + hospital, whom they put to the sword; and proceeded in a body, fifteen + thousand strong, to the gates of York. Lord Montague, who commanded in + those parts, opposed himself to their progress; and having been so + fortunate in a skirmish as to seize Robert Hulderne, their leader, he + ordered him immediately to be led to execution, according to the practice + of the times. The rebels, however, still continued in arms; and being soon + headed by men of greater distinction: Sir Henry Nevil, son of Lord + Latimer, and Sir John Coniers, they advanced southwards, and began to + appear formidable to government. Herbert, earl of Pembroke, who had + received that title on the forfeiture of Jasper Tudor, was ordered by + Edward to march against them at the head of a body of Welshmen; and he was + joined by five thousand archers, under the command of Stafford, earl of + Devonshire, who had succeeded in that title to the family of Courtney, + which had also been attainted. But a trivial difference about quarters + having begotten an animosity between these two noblemen, the earl of + Devonshire retired with his archers, and left Pembroke alone to encounter + the rebels. The two armies approached each other near Banbury; and + Pembroke, having prevailed in a skirmish, and having taken Sir John Nevil + prisoner, ordered him immediately to be put to death, without any form of + process. This execution enraged without terrifying the rebels: they + attacked the Welsh army, routed them, put them to the sword without mercy; + and having seized Pembroke, they took immediate revenge upon him for the + death of their leader. The king, imputing this misfortune to the earl of + Devonshire, who had deserted Pembroke, ordered him to be executed in a + like summary manner. But these speedy executions, or rather open murders, + did not stop there: the northern rebels, sending a party to Grafton, + seized the earl of Rivers and his son John; men who had become obnoxious + by their near relation to the king, and his partiality towards them: and + they were immediately executed by orders from Sir John Coniers.[*] + </p> +<pre xml:space="preserve"> + * Fabian, fol. 217. +</pre> + <p> + There is no part of English history since the conquest so obscure, so + uncertain, so little authentic or consistent, as that of the wars between + the two "roses:" historians differ about many material circumstances; some + events of the utmost consequence, in which they almost all agree, are + incredible, and contradicted by records;[*] <a href="#linknote-19" + name="linknoteref-19" id="linknoteref-19">19</a> and it is remarkable, + that this profound darkness falls upon us just on the eve of the + restoration of letters, and when the art of printing was already known in + Europe. All we can distinguish with certainty through the deep cloud which + covers that period, is a scene of horror and bloodshed: savage manners, + arbitrary executions, and treacherous, dishonorable conduct in all + parties. There is no possibility, for instance, of accounting for the + views and intentions of the earl of Warwick at this time. It is agreed + that he resided, together with his son-in-law, the duke of Clarence, in + his government of Calais during the commencement of this rebellion; and + that his brother Montague acted with vigor against the northern rebels. We + may thence presume, that the insurrection had not proceeded from the + secret counsels and instigation of Warwick; though the murder committed by + the rebels on the earl of Rivers, his capital enemy, forms, on the other + hand, a violent presumption against him. He and Clarence came over to + England, offered their service to Edward, were received without any + suspicion, were intrusted by him in the highest commands,[**] and still + persevered in their fidelity. Soon after, we find the rebels quieted and + dispersed by a general pardon granted by Edward from the advice of the + earl of Warwick: but why so courageous a prince, if secure of Warwick's + fidelity, should have granted a general pardon to men who had been guilty + of such violent and personal outrages against him, is not intelligible; + nor why that nobleman, if unfaithful, should have endeavored to appease a + rebellion of which he was able to make such advantages. But it appears, + that after this insurrection, there was an interval of peace, during which + the king loaded the family of Nevil with honors and favors of the highest + nature: he made Lord Montague a marquis, by the same name: he created his + son George duke of Bedford;[***] he publicly declared his intention of + marrying that young nobleman to his eldest daughter, Elizabeth, who, as he + had yet no sons, was presumptive heir of the crown: yet we find that soon + after, being invited to a feast by the archbishop of York, a younger + brother of Warwick and Montague, he entertained a sudden suspicion that + they intended to seize his person or to murder him: and he abruptly left + the entertainment.[****] + </p> +<pre xml:space="preserve"> + * See note S, at the end of the volume. + + ** Rymer, vol. xi. p. 647, 649, 650. + + *** Cotton, p. 702. + + **** Fragm. Edward IV. ad fin. Sproti. +</pre> + <p class="side"> + 1470. + </p> + <p> + Soon after, there broke out another rebellion, which is as unaccountable + as all the preceding events; chiefly because no sufficient reason is + assigned for it, and because, so far as appears, the family of Nevil had + no hand in exciting and fomenting it. It arose in Lincolnshire, and was + headed by Sir Robert Welles, son to the lord of that name. The army of the + rebels amounted to thirty thousand men; but Lord Welles himself, far from + giving countenance to them, fled into a sanctuary, in order to secure his + person against the king's anger or suspicions. He was allured from this + retreat by a promise of safety; and was soon after, notwithstanding this + assurance, beheaded, along with Sir Thomas Dymoc, by orders from + Edward.[*] The king fought a battle with the rebels, defeated them, took + Sir Robert Welles and Sir Thomas Launde prisoners, and ordered them + immediately to be beheaded. + </p> + <p> + Edward, during these transactions, had entertained so little jealousy of + the earl of Warwick or duke of Clarence, that he sent them with + commissions of array to levy forces against the rebels:[**] but these + malecontents, as soon as they left the court, raised troops in their own + name, issued declarations against the government, and complained of + grievances, oppressions, and bad ministers. The unexpected defeat of + Welles disconcerted all their measures; and they retired northwards into + Lancashire, where they expected to be joined by Lord Stanley, who had + married the earl of Warwick's sister. But as that nobleman refused all + concurrence with them, and as Lord Montague also remained quiet in + Yorkshire, they were obliged to disband their army, and to fly into + Devonshire, where they embarked and made sail towards Calais.[***] + </p> +<pre xml:space="preserve"> + * Hall, fol. 204. Fabian, fol. 218. Habington, p. 442. + Holingshed, p. 674. + + ** Rymer, vol. xi. p. 652. + + *** The king offered, by proclamation, a reward of one + thousand pounds, or one hundred pounds a year in land, to + any that would seize them. Whence we may learn that land was + at that time sold for about ten years' purchase. See Rymer, + vol. xi. p. 654. +</pre> + <p> + The deputy governor, whom Warwick had left at Calais, was one Vaucler, a + Gascon, who, seeing the earl return in this miserable condition, refused + him admittance; and would not so much as permit the duchess of Clarence to + land, though, a few days before, she had been delivered on shipboard of a + son, and was at that time extremely disordered by sickness. With + difficulty he would allow a few flagons of wine to be carried to the ship + for the use of the ladies: but as he was a man of sagacity, and well + acquainted with the revolutions to which England was subject, he secretly + apologized to Warwick for this appearance of infidelity, and represented + it as proceeding entirely from zeal for his service. He said that the + fortress was ill supplied with provisions; that he could not depend on the + attachment of the garrison; that the inhabitants, who lived by the English + commerce, would certainly declare for the established government; that the + place was at present unable to resist the power of England on the one + hand, and that of the duke of Burgundy on the other; and that, by seeming + to declare for Edward, he would acquire the confidence of that prince, and + still keep it in his power, when it should become safe and prudent, to + restore Calais to its ancient master.[*] It is uncertain whether Warwick + was satisfied with this apology, or suspected a double infidelity in + Vaucler; but he feigned to be entirely convinced by him; and having seized + some Flemish vessels which he found lying off Calais, he immediately made + sail towards France. + </p> + <p> + The king of France, uneasy at the close conjunction between Edward and the + duke of Burgundy, received with the greatest demonstrations of regard the + unfortunate Warwick,[**] with whom he had formerly maintained a secret + correspondence, and whom he hoped still to make his instrument in + overturning the government of England, and reëstablishing the house of + Lancaster. + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 4. Hall, fol. 205. + + ** Polyd. Virg. p. 519. +</pre> + <p> + No animosity was ever greater than that which had long prevailed between + that house and the earl of Warwick. His father had been executed by orders + from Margaret: he himself had twice reduced Henry to captivity, had + banished the queen, had put to death all their most zealous partisans + either in the field or on the scaffold, and had occasioned innumerable + ills to that unhappy family. For this reason, believing that such + inveterate rancor could never admit of any cordial reconciliation, he had + not mentioned Henry's name when he took arms against Edward; and he rather + endeavored to prevail by means of his own adherents, than revive a party + which he sincerely hated. But his present distresses and the entreaties of + Lewis made him hearken to terms of accommodation; and Margaret being sent + for from Angers, where she then resided, an agreement was, from common + interest, soon concluded between them. It was stipulated, that Warwick + should espouse the cause of Henry, and endeavor to restore him to liberty, + and to reëstablish him on the throne; that the administration of the + government, during the minority of young Edward, Henry's son, should be + intrusted conjointly to the earl of Warwick and the duke of Clarence; that + Prince Edward should marry the Lady Anne, second daughter of that + nobleman; and that the crown, in case of the failure of male issue in that + prince, should descend to the duke of Clarence, to the entire exclusion of + King Edward and his posterity. Never was confederacy, on all sides, less + natural, or more evidently the work of necessity: but Warwick hoped, that + all former passions of the Lancastrians might be lost in present political + views; and that, at worst, the independent power of his family, and the + affections of the people, would suffice to give him security, and enable + him to exact the full performance of all the conditions agreed on. The + marriage of Prince Edward with the Lady Anne was immediately celebrated in + France. + </p> + <p> + Edward foresaw that it would be easy to dissolve an alliance composed of + such discordant parts. For this purpose, he sent over a lady of great + sagacity and address, who belonged to the train of the duchess of + Clarence, and who, under color of attending her mistress, was empowered to + negotiate with the duke, and to renew the connections of that prince with + his own family.[*] She represented to Clarence, that he had unwarily, to + his own ruin, become the instrument of Warwick's vengeance, and had thrown + himself entirely in the power of his most inveterate enemies; that the + mortal injuries which the one royal family had suffered from the other, + were now past all forgiveness, and no imaginary union of interests could + ever suffice to obliterate them; that even if the leaders were willing to + forget past offences, the animosity of their adherents would prevent a + sincere coalition of parties, and would, in spite of all temporary and + verbal agreements, preserve an eternal opposition of measures between + them; and that a prince who deserted his own kindred, and joined the + murderers of his father, left himself single, without friends, without + protection, and would not, when misfortunes inevitably fell upon him, be + so much as entitled to any pity or regard from the rest of mankind. + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 5. Hall, fol. 20*7. Holingshed, + p. 676. +</pre> + <p> + Clarence was only one and twenty years of age, and seems to have possessed + but a slender capacity; yet could he easily see the force of these + reasons; and, upon the promise of forgiveness from his brother, he + secretly engaged, on a favorable opportunity, to desert the earl of + Warwick, and abandon the Lancastrian party. + </p> + <p> + During this negotiation, Warwick was secretly carrying on a correspondence + of the same nature with his brother, the marquis of Montague, who was + entirely trusted by Edward; and like motives produced a like resolution in + that nobleman. The marquis, also, that he might render the projected blow + the more deadly and incurable, resolved, on his side, to watch a favorable + opportunity for committing his perfidy, and still to maintain the + appearance of being a zealous adherent to the house of York. + </p> + <p> + After these mutual snares were thus carefully laid, the decision of the + quarrel advanced apace. Lewis prepared a fleet to escort the earl of + Warwick, and granted him a supply of men and money.[*] The duke of + Burgundy, on the other hand, enraged at that nobleman for his seizure of + the Flemish vessels before Calais, and anxious to support the reigning + family in England, with whom his own interests were now connected, fitted + out a larger fleet, with which he guarded the Channel: and he incessantly + warned his brother-in-law of the imminent perils to which he was exposed. + But Edward, though always brave and often active, had little foresight or + penetration. He was not sensible of his danger; he made no suitable + preparations against the earl of Warwick;[**] he even said that the duke + might spare himself the trouble of guarding the seas, and that he wished + for nothing more than to see Warwick set foot on English ground.[***] A + vain confidence in his own prowess, joined to the immoderate love of + pleasure, had made him incapable of all sound reason and reflection. + </p> + <p> + The event soon happened, of which Edward seemed so desirous. A storm + dispersed the Flemish navy, and left the sea open to Warwick.[****] That + nobleman seized the opportunity, and setting sail, quickly landed at + Dartmouth with the duke of Clarence, the earls of Oxford and Pembroke, and + a small body of troops, while the king was in the north, engaged in + suppressing an insurrection which had been raised by Lord Fitz-Hugh, + brother-in-law to Warwick. + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 4. Hall, fol. 207. + + ** Grafton, p. 687. + + *** Comines, liv. iii. chap. 5. Hall, fol. 208. + + **** Comines, liv. iii. chap. 5. +</pre> + <p> + The scene which ensues resembles more the fiction of a poem or romance + than an event in true history. The prodigious popularity of Warwick,[*] + the zeal of the Lancastrian party, the spirit of discontent with which + many were infected, and the general instability of the English nation, + occasioned by the late frequent revolutions, drew such multitudes to his + standard, that in a very few days his army amounted to sixty thousand men + and was continually increasing. Edward hastened southwards to encounter + him; and the two armies approached each other near Nottingham, where a + decisive action was every hour expected. The rapidity of Warwick's + progress had incapacitated the duke of Clarence from executing his plan of + treachery; and the marquis of Montague had here the opportunity of + striking the first blow. He communicated the design to his adherents, who + promised him their concurrence: they took to arms in the night-time, and + hastened with loud acclamations to Edward's quarters; the king was alarmed + at the noise, and starting from bed, heard the cry of war usually employed + by the Lancastrian party. Lord Hastings, his chamberlain, informed him of + the danger, and urged him to make his escape by speedy flight from an army + where he had so many concealed enemies, and where few seemed zealously + attached to his service. He had just time to get on horseback, and to + hurry with a small retinue to Lynne, in Norfolk, where he luckily found + some ships ready, on board of which he instantly embarked.[**] And after + this manner the earl of Warwick, in no longer space than eleven days after + his first landing, was left entire master of the kingdom. + </p> +<pre xml:space="preserve"> + * Hall, fol. 205. + + ** Comines, liv. iii. chap. 5. Hall, fol. 208. +</pre> + <p> + But Edward's danger did not end with his embarkation. The Easterlings or + Hanse Towns were then at war both with France and England; and some ships + of these people, hovering on the English coast, espied the king's vessels, + and gave chase to them; nor was it without extreme difficulty that he made + his escape into the port of Alcmaer, in Holland. He had fled from England + with such precipitation, that he had carried nothing of value along with + him; and the only reward which he could bestow on the captain of the + vessel that brought him over, was a robe lined with sables; promising him + an ample recompense if fortune should ever become more propitious to + him.[*] + </p> +<pre xml:space="preserve"> + * Comines, liv, iii. chap. 5. +</pre> + <p> + It is not likely that Edward could be very fond of presenting himself in + this lamentable plight before the duke of Burgundy; and that having so + suddenly, after his mighty vaunts, lost all footing in his own kingdom, he + could be insensible to the ridicule which must attend him in the eyes of + that prince. The duke, on his part, was no less embarrassed how he should + receive the dethroned monarch. As he had ever borne a greater affection to + the house of Lancaster than to that of York, nothing but political views + had engaged him to contract an alliance with the latter; and he foresaw, + that probably the revolution in England would now turn this alliance + against him, and render the reigning family his implacable and jealous + enemy. For this reason, when the first rumor of that event reached him, + attended with the circumstance of Edward's death, he seemed rather pleased + with the catastrophe; and it was no agreeable disappointment to find, that + he must either undergo the burden of supporting an exiled prince, or the + dishonor of abandoning so near a relation. He began already to say, that + his connections were with the kingdom of England, not with the king; and + it was indifferent to him whether the name of Edward or that of Henry were + employed in the articles of treaty. These sentiments were continually + strengthened by the subsequent events. Vaucler, the deputy-governor of + Calais, though he had been confirmed in his command by Edward, and had + even received a pension from the duke of Burgundy on account of his + fidelity to the crown, no sooner saw his old master, Warwick, reinstated + in authority, than he declared for him, and with great demonstrations of + zeal and attachment, put the whole garrison in his livery. And the + intelligence which the duke received every day from England, seemed to + promise an entire and full settlement in the family of Lancaster. + </p> + <p> + Immediately after Edward's flight had left the kingdom at Warwick's + disposal, that nobleman hastened to London; and taking Henry from his + confinement in the Tower, into which he himself had been the chief cause + of throwing him, he proclaimed him king with great solemnity. A parliament + was summoned in the name of that prince, to meet at Westminster, and as + this assembly could pretend to no liberty while surrounded by such enraged + and insolent victors, governed by such an impetuous spirit as Warwick, + their votes were entirely dictated by the ruling faction. The treaty with + Margaret was here fully executed: Henry was recognized as lawful king; but + his incapacity for government being avowed, the regency was intrusted to + Warwick and Clarence till the majority of Prince Edward; and in default of + that prince's issue, Clarence was declared successor to the crown. The + usual business also of reversals went on without opposition: every statute + made during the reign of Edward was repealed; that prince was declared to + be a usurper; he and his adherents were attainted; and in particular + Richard, duke of Glocester, his younger brother: all the attainders of the + Lancastrians, the dukes of Somerset and Exeter, the earls of Richmond, + Pembroke, Oxford, and Ormond, were reversed; and every one was restored + who had lost either honors or fortunes by his former adherence to the + cause of Henry. + </p> + <p> + The ruling party were more sparing in their executions than was usual + after any revolution during those violent times. The only victim of + distinction was John Tibetot, earl of Worcester. This accomplished person, + born in an age and nation where the nobility valued themselves on + ignorance as their privilege, and left learning to monks and + schoolmasters, for whom indeed the spurious erudition that prevailed was + best fitted, had been struck with the first rays of true science, which + began to penetrate from the south, and had been zealous, by his + exhortation and example, to propagate the love of letters among his + unpolished countrymen. It is pretended, that knowledge had not produced on + this nobleman himself the effect which naturally attends it, of humanizing + the temper and softening the heart;[*] and that he had enraged the + Lancastrians against him by the severities which he exercised upon them + during the prevalence of his own party. + </p> +<pre xml:space="preserve"> + * Hall, fol. 210. Stowe, p. 422. +</pre> + <p> + He endeavored to conceal himself after the flight of Edward, but was + caught on the top of a tree in the forest of Weybridge, was conducted to + London, tried before the earl of Oxford, condemned, and executed. All the + other considerable Yorkists either fled beyond sea, or took shelter in + sanctuaries, where the ecclesiastical privileges afforded them protection. + In London alone it is computed that no less than two thousand persons + saved themselves in this manner;[*] and among the rest, Edward's queen, + who was there delivered of a son, called by his father's name.[**] + </p> + <p> + Queen Margaret, the other rival queen, had not yet appeared in England, + but on receiving intelligence of Warwick's success, was preparing with + Prince Edward for her journey. All the banished Lancastrians flocked to + her; and, among the rest, the duke of Somerset, son of the duke beheaded + after the battle of Hexham. This nobleman, who had long been regarded as + the head of the party, had fled into the Low Countries on the discomfiture + of his friends; and as he concealed his name and quality, he had there + languished in extreme indigence. Philip de Comines tells us,[***] that he + himself saw him, as well as the duke of Exeter, in a condition no better + than that of a common beggar; till being discovered by Philip, duke of + Burgundy, they had small pensions allotted them, and were living in + silence and obscurity when the success of their party called them from + their retreat. But both Somerset and Margaret were detained by contrary + winds from reaching England,[****] till a new revolution in that kingdom, + no less sudden and surprising than the former, threw them into greater + misery than that from which they had just emerged. + </p> + <p> + Though the duke of Burgundy, by neglecting Edward, and paying court to the + established government, had endeavored to conciliate the friendship of the + Lancastrians, he found that he had not succeeded to his wish; and the + connections between the king of France and the earl of Warwick still held + him in great anxiety.[*****] This nobleman, too hastily regarding Charles + as a determined enemy, had sent over to Calais a body of four thousand + men, who made inroads into the Low Countries;[******] and the duke of + Burgundy saw himself in danger of being overwhelmed by the united arms of + England and of France. He resolved therefore to grant some assistance to + his brother-in-law; but in such a covert manner as should give the least + offence possible to the English government. + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 7. + + ** Hall, fol. 210. Stowe, p. 423. Holingshed, p. 677. + Grafton, p. 690. + + *** Liv. iii. chap. 4. + + **** Grafton, p. 692. Polyd. Virg. p 522. + + ****** Comines, liv, iii. chap. 6. +</pre> + <p class="side"> + 1471. + </p> + <p> + He equipped four large vessels, in the name of some private merchants, at + Terveer, in Zealand; and causing fourteen ships to be secretly hired from + the Easterlings, he delivered this small squadron to Edward, who, + receiving also a sum of money from the duke, immediately set sail for + England. No sooner was Charles informed of his departure than he issued a + proclamation inhibiting all his subjects from giving him countenance or + assistance;[*] an artifice which could not deceive the earl of Warwick, + but which might serve as a decent pretence, if that nobleman were so + disposed, for maintaining friendship with the duke of Burgundy. + </p> + <p> + Edward, impatient to take revenge on his enemies, and to recover his lost + authority, made an attempt to land with his forces, which exceeded not two + thousand men, on the coast of Norfolk; but being there repulsed, he sailed + northwards, and disembarked at Ravenspur, in Yorkshire. Finding that the + new magistrates, who had been appointed by the earl of Warwick, kept the + people every where from joining him, he pretended, and even made oath, + that he came not to challenge the crown, but only the inheritance of the + house of York, which of right belonged to him; and that he did not intend + to disturb the peace of the kingdom. His partisans every moment flocked to + his standard: he was admitted into the city of York: and he was soon in + such a situation as gave him hopes of succeeding in all his claims and + pretensions. The marquis of Montague commanded in the northern counties; + but from some mysterious reasons, which, as well as many other important + transactions in that age, no historian has cleared up, he totally + neglected the beginnings of an insurrection which he ought to have + esteemed so formidable. Warwick assembled an army at Leicester, with an + intention of meeting and of giving battle to the enemy; but Edward, by + taking another road, passed him unmolested, and presented himself before + the gates of London. Had he here been refused admittance, he was totally + undone: but there were many reasons which inclined the citizens to favor + him. His numerous friends, issuing from their sanctuaries, were active in + his cause; many rich merchants, who had formerly lent him money, saw no + other chance for their payment but his restoration; the city dames who had + been liberal of their favors to him, and who still retained an affection + for this young and gallant prince, swayed their husbands and friends in + his favor;[**] and above all, the archbishop of York, Warwick's brother, + to whom the care of the city was committed, had secretly, from unknown + reasons, entered into a correspondence with him; and he facilitated + Edward's admission into London. + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 6. + + ** Comines, liv. iii. chap. 7. +</pre> + <p> + The most likely cause which can be assigned for those multiplied + infidelities, even in the family of Nevil itself, is the spirit of + faction, which, when it becomes inveterate, it is very difficult for any + man entirely to shake off. The persons who had long distinguished + themselves in the York party, were unable to act with zeal and cordiality + for the support of the Lancastrians; and they were inclined, by any + prospect of favor or accommodation offered them by Edward, to return to + their ancient connections. However this may be, Edward's entrance into + London made him master not only of that rich and powerful city, but also + of the person of Henry, who, destined to be the perpetual sport of + fortune, thus fell again into the hands of his enemies.[*] + </p> + <p> + It appears not that Warwick, during his short administration, which had + continued only six months, had been guilty of any unpopular act, or had + anywise deserved to lose that general favor with which he had so lately + overwhelmed Edward. But this prince, who was formerly on the defensive, + was now the aggressor; and having overcome the difficulties which always + attend the beginnings of an insurrection, possessed many advantages above + his enemy: his partisans were actuated by that zeal and courage which the + notion of an attack inspires his opponents were intimidated for a like + reason; every one who had been disappointed in the hopes which he had + entertained from Warwick's elevation, either became a cool friend or an + open enemy to that nobleman; and each malecontent, from whatever cause, + proved an accession to Edward's army. The king, therefore, found himself + in a condition to face the earl of Warwick; who, being reënforced by his + son-in-law the duke of Clarence, and his brother the marquis of Montague, + took post at Barnet, in the neighborhood of London. The arrival of Queen + Margaret was every day expected, who would have drawn together all the + genuine Lancastrians, and have brought a great accession to Warwick's + forces: but this very consideration proved a motive to the earl rather to + hurry on a decisive action than to share the victory with rivals and + ancient enemies, who, he foresaw, would, in case of success, claim the + chief merit in the enterprise.[**] + </p> +<pre xml:space="preserve"> + * Grafton, p. 702. + + ** Comines, liv. iii. chap. 7. +</pre> + <p> + But while his jealousy was always directed towards that side, he + overlooked the dangerous infidelity of friends, who lay the nearest to his + bosom. His brother Montague, who had lately temporized, seems now to have + remained sincerely attached to the interests of his family: but his + son-in-law, though bound to him by every tie of honor and gratitude, + though he shared the power of the regency, though he had been invested by + Warwick in all the honors and patrimony of the house of York, resolved to + fulfil the secret engagements which he had formerly taken with his + brother, and to support the interests of his own family: he deserted to + the king in the night-time, and carried over a body of twelve thousand men + along with him.[*] Warwick was now too far advanced to retreat; and as he + rejected with disdain all terms of peace offered him by Edward and + Clarence, he was obliged to hazard a general engagement. The battle was + fought with obstinacy on both sides: the two armies, in imitation of their + leaders displayed uncommon valor; and the victory remained long undecided + between them. But an accident threw the balance to the side of the + Yorkists. Edward's cognizance was a sun; that of Warwick a star with rays; + and the mistiness of the morning rendering it difficult to distinguish + them, the earl of Oxford, who fought on the side of the Lancastrians, was + by mistake attacked by his friends, and chased off the field of + battle.[**] Warwick, contrary to his more usual practice, engaged that day + on foot, resolving to show his army that he meant to share every fortune + with them; and he was slain in the thickest of the engagement;[***] his + brother underwent the same fate; and as Edward had issued orders not to + give any quarter, a great and undistinguished slaughter was made in the + pursuit. There fell about one thousand five hundred on the side of the + victors. + </p> + <p> + The same day on which this decisive battle was fought,[****] Queen + Margaret and her son, now about eighteen years of age, and a young prince + of great hopes, landed at Weymouth, supported by a small body of French + forces. + </p> +<pre xml:space="preserve"> + * Grafton, p 700. Comines, liv. iii. chap. 7. Leland's + Collect. vol. ii. p. 505. + + ** Habington, p. 449. + + *** Comines, liv. iii. chap. 7. + + **** Leland's Collect, vol. ii. p. 505. +</pre> + <p> + When this princess received intelligence of her husband's captivity, and + of the defeat and death of the earl of Warwick, her courage which had + supported her under so many disastrous events, here quite left her; and + she immediately foresaw all the dismal consequences of this calamity. At + first she took sanctuary in the abbey of Beaulieu;[*] but being encouraged + by the appearance of Tudor, earl of Pembroke, and Courtney, earl of + Devonshire, of the Lords Wenlock and St. John, with other men of rank, who + exhorted her still to hope for success, she resumed her former spirit, and + determined to defend to the utmost the ruins of her fallen fortunes. She + advanced through the counties of Devon, Somerset, and Glocester, + increasing her army on each day's march; but was at last overtaken by the + rapid and expeditious Edward, at Tewkesbury, on the banks of the Severn. + The Lancastrians were here totally defeated: the earl of Devonshire and + Lord Wenlock were killed in the field: the duke of Somerset, and about + twenty other persons of distinction, having taken shelter in a church, + were surrounded, dragged out, and immediately beheaded: about three + thousand of their side fell in battle: and the army was entirely + dispersed. + </p> + <p> + Queen Margaret and her son were taken prisoners, and brought to the king, + who asked the prince, after an insulting manner, how he dared to invade + his dominions. The young prince, more mindful of his high birth than of + his present fortune, replied, that he came thither to claim his just + inheritance. The ungenerous Edward, insensible to pity, struck him on the + face with his gauntlet; and the dukes of Clarence and Glocester, Lord + Hastings, and Sir Thomas Gray, taking the blow as a signal for further + violence, hurried the prince into the next apartment, and there despatched + him with their daggers.[**] Margaret was thrown into the Tower: King Henry + expired in that confinement a few days after the battle of Tewkesbury; but + whether he died a natural or violent death is uncertain. It is pretended, + and was generally believed, that the duke of Glocester killed him with his + own hands:[***] but the universal odium which that prince had incurred, + inclined perhaps the nation to aggravate his crimes without any sufficient + authority. + </p> +<pre xml:space="preserve"> + * Hall, fol. 219. Habington, p. 451. Grafton, p. 706. Polyd. + Virg. p. 528. + + ** Hall, fol. 221. Habington, p. 453. Holingshed, p 688. + Polyd. Virg. p. 530. + + *** Comines. Hall, fol. 228. Grafton, p. 703. +</pre> + <p> + It is certain, however, that Henry's death was sudden; and though he + labored under an ill state of health, this circumstance, joined to the + general manners of the age, gave a natural ground, of suspicion; which was + rather increased than diminished by the exposing of his body to public + view. That precaution served only to recall many similar instances in the + English history, and to suggest the comparison. + </p> + <p> + All the hopes of the house of Lancaster seemed now to be utterly + extinguished. Every legitimate prince of that family was dead: almost + every great leader of the party had perished in battle or on the scaffold: + the earl of Pembroke, who was levying forces in Wales, disbanded his army + when he received intelligence of the battle of Tewkesbury; and he fled + into Brittany with his nephew, the young earl of Richmond.[*] The bastard + of Falconberg, who had levied some forces, and had advanced to London + during Edward's absence, was repulsed; his men deserted him; he was taken + prisoner and immediately executed:[**] and peace being now fully restored + to the nation, a parliament was summoned, which ratified as usual, all the + acts of the victor, and recognized his legal authority. + </p> +<pre xml:space="preserve"> + * Habington, p. 454. Polyd. Virg. p. 531. + + ** Holingshed, p. 689, 690, 693. Hist. Croyl. Cont. p. 554. +</pre> + <p> + But this prince, who had been so firm, and active, and intrepid during the + course of adversity, was still unable to resist the allurements of a + prosperous fortune; and he wholly devoted himself, as before, to pleasure + and amusement, after he became entirely master of his kingdom, and had no + longer any enemy who could give him anxiety or alarm. He recovered, + however, by this gay and inoffensive course of life, and by his easy, + familiar manners, that popularity which, it is natural to imagine, he had + lost by the repeated cruelties exercised upon his enemies; and the example + also of his jovial festivity served to abate the former acrimony of + faction among his subjects, and to restore the social disposition which + had been so long interrupted between the opposite parties. All men seemed + to be fully satisfied with the present government; and the memory of past + calamities served only to impress the people more strongly with a sense of + their allegiance, and with the resolution of never incurring any more the + hazard of renewing such direful scenes. + </p> + <p class="side"> + 1474. + </p> + <p> + But while the king was thus indulging himself in pleasure, he was roused + from his lethargy by a prospect of foreign conquests, which, it is + probable, his desire of popularity, more than the spirit of ambition, had + made him covet. Though he deemed himself little beholden to the duke of + Burgundy for the reception which that prince had given him during his + exile,[*] the political interests of their states maintained still a close + connection between them; and they agreed to unite their arms in making a + powerful invasion on France. A league was formed, in which Edward + stipulated to pass the seas with an army exceeding ten thousand men, and + to invade the French territories: Charles promised to join him with all + his forces: the king was to challenge the crown of France, and to obtain + at least the provinces of Normandy and Guienne; the duke was to acquire + Champaigne and some other territories, and to free all his dominions from + the burden of homage to the crown of France: and neither party was to make + peace without the consent of the other.[**] They were the more encouraged + to hope for success from this league, as the count of St. Pol, constable + of France, who was master of St. Quintin and other towns on the Somme, had + secretly promised to join them; and there were also hopes of engaging the + duke of Brittany to enter into the confederacy. + </p> + <p> + The prospect of a French war was always a sure means of making the + parliament open their purses, as far as the habits of that age would + permit. They voted the king a tenth of rents, or two shillings in the + pound; which must have been very inaccurately levied, since it produced + only thirty-one thousand four hundred and sixty pounds; and they added to + this supply a whole fifteenth, and three quarters of another;[***] but as + the king deemed these sums still unequal to the undertaking, he attempted + to levy money by way of benevolence, a kind of exaction which, except + during the reigns of Henry III. and Richard II., had not been much practised + in former times, and which, though the consent of the parties was + pretended to be gained, could not be deemed entirely voluntary.[****] + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 7. + + ** Rymer, vol. xi p. 806, 807, 808, etc. + + *** Cotton, p. 696, 700. Hist. Croyl. Cont. p. 558. + + **** Hall, fol. 226. Habington, p. 461. Grafton, p. 719. + Fabian, fol. 221. +</pre> + <p> + The clauses annexed to the parliamentary grant show sufficiently the + spirit of the nation in this respect. The money levied by the fifteenth + was not to be put into the king's hands but to be kept in religious + houses; and if the expedition into France should not take place, it was + immediately to be refunded to the people. After these grants, the + parliament was dissolved, which had sitten near two years and a half, and + had undergone several prorogations; a practice not very usual at that time + in England. + </p> + <p class="side"> + 1475. + </p> + <p> + The king passed over to Calais with an army of one thousand five hundred + men at arms and fifteen thousand archers, attended by all the chief + nobility of England, who, prognosticating future successes from the past, + were eager to appear on this great theatre of honor.[*] But all their + sanguine hopes were damped when they found, on entering the French + territories, that neither did the constable open his gates to them, nor + the duke of Burgundy bring them the smallest assistance. That prince, + transported by his ardent temper, had carried all his armies to a great + distance, and had employed them in wars on the frontiers of Germany, and + against the duke of Lorraine: and though he came in person to Edward, and + endeavored to apologize for this breach of treaty, there was no prospect + that they would be able this campaign to make a conjunction with the + English. This circumstance gave great disgust to the king, and inclined + him to hearken to those advances which Lewis continually made him for an + accommodation. + </p> + <p> + That monarch, more swayed by political views than by the point of honor, + deemed no submissions too mean which might free him from enemies who had + proved so formidable to his predecessors, and who, united to so many other + enemies, might still shake the well-established government of France. It + appears from Comines, that discipline was at this time very imperfect + among the English; and that their civil wars, though long continued, yet, + being always decided by hasty battles, had still left them ignorant of the + improvements which the military art was beginning to receive upon the + continent.[**] + </p> +<pre xml:space="preserve"> + * Comines, liv. iv. chap. 5. This author says, (chap. 11,) + that the king artfully brought over some of the richest of + his subjects who, he knew, would be soon tired of the war, + and would promote all proposals of peace, which he foresaw + would be soon necessary. + + ** Comines, liv. iv. chap. 5. +</pre> + <p> + But as Lewis was sensible that the warlike genius of the people would soon + render them excellent soldiers, he was far from despising them for their + present want of experience; and he employed all his art to detach them + from the alliance of Burgundy. When Edward sent him a herald to claim the + crown of France, and to carry him a defiance in case of refusal, so far + from answering to [*] this bravado in like haughty terms, he replied with + great temper, and even made the herald a considerable present:[**] he took + afterwards an opportunity of sending a herald to the English camp; and + having given him directions to apply to the Lords Stanley and Howard, who, + he heard, were friends to peace, he desired the good offices of these + noblemen in promoting an accommodation with their master.[***] As Edward + was now fallen into like dispositions, a truce was soon concluded on terms + more advantageous than honorable to Lewis. He stipulated to pay Edward + immediately seventy-five thousand crowns, on condition that he should + withdraw his army from France, and promised to pay him fifty thousand + crowns a year during their joint lives: it was added, that the dauphin, + when of age, should marry Edward's eldest daughter.[****] In order to + ratify this treaty, the two monarchs agreed to have a personal interview; + and for that purpose suitable preparations were made at Pecquigni, near + Amiens. A close rail was drawn across a bridge in that place, with no + larger intervals than would allow the arm to pass; a precaution against a + similar accident to that which befell the duke of Burgundy in his + conference with the dauphin at Montereau. Edward and Lewis came to the + opposite sides; conferred privately together; and having confirmed their + friendship, and interchanged many mutual civilities, they soon after + parted.[*****] + </p> +<pre xml:space="preserve"> + * Comines, liv. iv. chap. 5. Hall, fol. 227. + + ** Comines, liv. iv. chap. 7. + + *** Rymer, vol. xii. p. 17. + + **** Comines, liv, iv, chap. 9. + +</pre> + <p> + Lewis was anxious not only to gain the king's friendship but also that of + the nation, and of all the considerable persons in the English court. He + bestowed pensions, to the amount of sixteen thousand crowns a year, on + several of the kings, favorites; on Lord Hastings two thousand crowns; on + Lora Howard and others in proportion; and these great ministers were not + ashamed thus to receive wages from a foreign prince. As the two armies, + after the conclusion of the truce remained some time in the neighborhood + of each other, the English were not only admitted freely into Amiens, + where Lewis resided, but had also their charges defrayed, and had wine and + victuals furnished them in every inn, without any payment being demanded. + They flocked thither in such multitude that once above nine thousand of + them were in the town, and they might have made themselves masters of the + king's person; but Lewis, concluding from their jovial and dissolute + manner of living, that they had no bad intentions, was careful not to + betray the least sign of fear or jealousy. And when Edward, informed of + this disorder, desired him to shut the gates against them, he replied, + that he would never agree to exclude the English from the place where he + resided; but that Edward, if he pleased, might recall them, and place his + own officers at the gates of Amiens to prevent their returning.[*] + </p> + <p> + Lewis's desire of confirming a mutual amity with England, engaged him even + to make imprudent advances, which it cost him afterwards some pains to + evade. In the conference at Pecquigni he had said to Edward, that he + wished to have a visit from him at Paris; that he would there endeavor to + amuse him with the ladies; and that, in case any offences were then + committed, he would assign him the cardinal of Bourbon for confessor, who, + from fellow-feeling, would not be over and above severe in the penances + which he would enjoin. This hint made deeper impression than Lewis + intended. Lord Howard, who accompanied him back to Amiens, told him in + confidence that, if he were so disposed it would not be impossible to + persuade Edward to take a journey with him to Paris, where they might make + merry together. Lewis pretended at first not to hear the offer; but on + Howard's repeating it, he expressed his concern that his wars with the + duke of Burgundy would not permit him to attend his royal guest, and do + him the honors he intended "Edward," said he privately to Comines, "is a + very handsome and a very amorous prince: some lady at Paris may like him + as well as he shall do her; and may invite him to return in another + manner. It is better that the sea be between us."[**] + </p> +<pre xml:space="preserve"> + * Comines, liv. iv. chap. 9. Hall, fol. 233. + + ** Comines, liv. iv. chap. 10. Habington, p. 469. +</pre> + <p> + This treaty did very little honor to either of these monarchs: it + discovered the imprudence of Edward, who had taken his measures so ill + with his allies, as to be obliged, after such an expensive armament, to + return without making any acquisitions adequate to it: it showed the want + of dignity in Lewis who, rather than run the hazard of a battle, agreed to + subject his kingdom to a tribute, and thus acknowledge the superiority of + a neighboring prince possessed of less power and territory than himself. + But as Lewis made interest the sole test of honor, he thought that all the + advantages of the treaty were on his side, and that he had overreached + Edward, by sending him out of France on such easy terms. For this reason + he was very solicitous to conceal his triumph; and he strictly enjoined + his courtiers never to show the English the least sign of mockery or + derision. But he did not himself very carefully observe so prudent a rule: + he could not forbear, one day, in the joy of his heart, throwing out some + raillery on the easy simplicity of Edward and his council; when he + perceived that he was overheard by a Gascon, who had settled in England. + He was immediately sensible of his indiscretion; sent a message to the + gentleman; and offered him some advantages in his own country, as engaged + him to remain in France. "It is but just," said he, "that I pay the + penalty of my talkativeness."[*] + </p> +<pre xml:space="preserve"> + * Comines, liv. iii. chap. 10. +</pre> + <p> + The most honorable part of Lewis's treaty with Edward was the stipulation + for the liberty of Queen Margaret, who, though after the death of her + husband and son she could no longer be formidable to government, was still + detained in custody by Edward. Lewis paid fifty thousand crowns for her + ransom; and that princess, who had been so active on the stage of the + world, and who had experienced such a variety of fortune, passed the + remainder of her days in tranquility and privacy, till the year 1482, when + she died; an admirable princess, but more illustrious by her undaunted + spirit in adversity, than by her moderation in prosperity. She seems + neither to have enjoyed the virtues, nor been subject to the weaknesses, + of her sex; and was as much tainted with the ferocity as endowed with the + courage of that barbarous age in which she lived. + </p> + <p> + Though Edward had so little reason to be satisfied with the conduct of the + duke of Burgundy, he reserved to that prince a power of acceding to the + treaty of Pecquigni: but Charles, when the offer was made him, haughtily + replied, that he was able to support himself without the assistance of + England, and that he would make no peace with Lewis till three months + after Edward's return into his own country. This prince possessed all the + ambition and courage of a conqueror; but being defective in policy and + prudence, qualities no less essential, he was unfortunate in all his + enterprises; and perished at last in battle against the Swiss;[*] a people + whom he despised, and who, though brave and free, had hitherto been in a + manner overlooked in the general system of Europe. This event, which + happened in the year 1477, produced a great alteration in the views of all + the princes, and was attended with consequences which were felt for many + generations. Charles left only one daughter, Mary, by his first wife; and + this princess, being heir of his opulent and extensive dominions, was + courted by all the potentates of Christendom, who contended for the + possession of so rich a prize. Lewis, the head of her family, might, by a + proper application, have obtained this match for the dauphin, and have + thereby united to the crown of France all the provinces of the Low + Countries, together with Burgundy, Artois, and Picardy; which would at + once have rendered his kingdom an overmate for all its neighbors. But a + man wholly interested is as rare as one entirely endowed with the opposite + quality; and Lewis, though impregnable to all the sentiments of generosity + and friendship, was, on this occasion, carried from the road of true + policy by the passions of animosity and revenge. He had imbibed so deep a + hatred to the house of Burgundy, that he rather chose to subdue the + princess by arms, than unite her to his family by marriage: he conquered + the duchy of Burgundy and that part of Picardy which had been ceded to + Philip the Good by the treaty of Arras: but he thereby forced the states + of the Netherlands to bestow their sovereign in marriage on Maximilian of + Austria, son of the emperor Frederick, from whom they looked for + protection in their present distresses: and by these means, France lost + the opportunity, which she never could recall, of making that important + acquisition of power and territory. + </p> + <p> + During this interesting crisis, Edward was no less defective in policy, + and was no less actuated by private passions, unworthy of a sovereign and + a statesman. Jealousy of his brother Clarence had caused him to neglect + the advances which were made of marrying that prince, now a widower, to + the heiress of Burgundy;[**] and he sent her proposals of espousing + Anthony, earl of Rivers, brother to his queen, who still retained an + entire ascendant over him. + </p> +<pre xml:space="preserve"> + * Comines, liv. v. chap. 8. + + ** Polyd. Virg. Hall, fol. 240. Holingshed, p. 703. + Habington p. 474. Grafton, p. 742. +</pre> + <p> + But the match was rejected with disdain;[*] and Edward, resenting this + treatment of his brother-in-law, permitted France to proceed without + interruption in her conquests over his defenceless ally. Any pretence + sufficed him for abandoning himself entirely to indolence and pleasure, + which were now become his ruling passions. The only object which divided + his attention was the improving of the public revenue, which had been + dilapidated by the necessities or negligence of his predecessors; and some + of his expedients for that purpose, though unknown to us, were deemed, + during the time, oppressive to the people.[**] The detail of private + wrongs naturally escapes the notice of history; but an act of tyranny of + which Edward was guilty in his own family, has been taken notice of by all + writers, and has met with general and deserved censure. + </p> +<pre xml:space="preserve"> + * Hall, fol. 240. + + ** Hall, p. 241. Hist. Croyl. Cont. p, 559. +</pre> + <p> + The duke of Clarence, by all his services in deserting Warwick, had never + been able to regain the king's friendship, which he had forfeited by his + former confederacy with that nobleman. He was still regarded at court as a + man of a dangerous and a fickle character; and the imprudent openness and + violence of his temper, though it rendered him much less dangerous, tended + extremely to multiply his enemies, and to incense them against him. Among + others, he had had the misfortune to give displeasure to the queen + herself, as well as to his brother, the duke of Glocester, a prince of the + deepest policy, of the most unrelenting ambition, and the least scrupulous + in the means which he employed for the attainment or his ends. A + combination between these potent adversaries being secretly formed against + Clarence, it was determined to begin by attacking his friends; in hopes + that, if he patiently endured this injury, his pusillanimity would + dishonor him in the eyes of the public; if he made resistance, and + expressed resentment, his passion would betray him into measures which + might give them advantages against him. The king, hunting one day in the + park of Thomas Burdet, of Arrow, in Warwickshire, had killed a white buck, + which was a great favorite of the owner; and Burdet, vexed at the loss, + broke into a passion, and wished the horns of the deer in the belly of the + person who had advised the king to commit that insult upon him. This + natural expression of resentment, which would have been overlooked or + forgotten had it fallen from any other person, was rendered criminal and + capital in that gentleman, by the friendship in which he had the + misfortune to live with the duke of Clarence; he was tried for his life; + the judges and jury were found servile enough to condemn him and he was + publicly beheaded at Tyburn for this pretended offence.[*] About the same + time, one John Stacey, an ecclesiastic, much connected with the duke as + well as with Burdet, was exposed to a like iniquitous and barbarous + prosecution. This clergyman, being more learned in mathematics and + astronomy than was usual in that age, lay under the imputation of + necromancy with the ignorant vulgar; and the court laid hold of this + popular rumor to effect his destruction. He was brought to his trial for + that imaginary crime; many of the greatest peers countenanced the + prosecution by their presence; he was condemned, put to the torture, and + executed.[**] + </p> + <p> + The duke of Clarence was alarmed when he found these acts of tyranny + exercised on all around him: he reflected on the fate of the good duke of + Glocester, in the last reign, who, after seeing the most infamous + pretences employed for the destruction of his nearest connections, at last + fell himself a victim to the vengeance of his enemies. But Clarence, + instead of securing his own life against the present danger by silence and + reserve, was open and loud in justifying the innocence of his friends, and + in exclaiming against the iniquity of their prosecutors. + </p> + <p class="side"> + 1478. + </p> + <p> + The king, highly offended with his freedom, or using that pretence against + him, committed him to the Tower,[***] summoned a parliament, and tried him + for his life before the house of peers, the supreme tribunal of the + nation. + </p> + <p> + The duke was accused of arraigning public justice, by maintaining the + innocence of men who had been condemned in courts of judicature, and or + inveighing against the iniquity of the king, who had given orders for + their prosecution.[****] + </p> +<pre xml:space="preserve"> + * Habington, p. 475. Holingshed, p. 703. Sir Thomas More in + Kennet, p. 498. + + ** Hist. Croyl. Cont. p. 561. + + *** Hist Croyl. Cont. p. 562. + + **** Stowe, p. 430. +</pre> + <p> + Many rash expressions were imputed to him, and some, too, reflecting on + Edward's legitimacy; but he was not accused of any overt act of treason; + and even the truth of these speeches may be doubted of, since the liberty + of judgment was taken from the court, by the king's appearing personally + as his brother's accuser,[*] and pleading the cause against him. But a + sentence of condemnation, even when this extraordinary circumstance had + not place, was a necessary consequence, in those times, of any prosecution + by the court or the prevailing party; and the duke of Clarence was + pronounced guilty by the peers. The house of commons were no less slavish + and unjust: they both petitioned for the execution of the duke, and + afterwards passed a bill of attainder against him.[**] The measures of the + parliament, during that age, furnish us with examples of a strange + contrast of freedom and servility: they scruple to grant, and sometimes + refuse, to the king the smallest supplies, the most necessary for the + support of government, even the most necessary for the maintenance of + wars, for which the nation, as well as the parliament itself, expressed + great fondness: but they never scruple to concur in the most flagrant act + of injustice or tyranny which falls on any individual, however + distinguished by birth or merit. These maxims, so ungenerous, so opposite + to all principles of good government, so contrary to the practice of + present parliaments, are very remarkable in all the transactions of the + English history for more than a century after the period in which we are + now engaged. + </p> + <p> + The only favor which the king granted his brother after his condemnation, + was to leave him the choice of his death; and he was privately drowned in + a butt of malmsey in the Tower; a whimsical choice, which implies that he + had an extraordinary passion for that liquor. The duke left two children + by the elder daughter of the earl of Warwick; a son, created an earl by + his grandfather's title, and a daughter, afterwards countess of Salisbury. + Both this prince and princess were also unfortunate in their end, and died + a violent death; a fate which, for many years, attended almost all the + descendants of the royal blood in England. There prevails a report, that a + chief source of the violent prosecution of the duke of Clarence, whose + name was George, was a current prophecy, that the king's son should be + murdered by one, the initial letter of whose name was G.[***] It is not + impossible but, in those ignorant times, such a silly reason might have + some influence; but it is more probable that the whole story is the + invention of a subsequent period, and founded on the murder of these + children by the duke of Glocester. Comines remarks, that at that time the + English never were without some superstitious prophecy or other, by which + they accounted for every event. + </p> +<pre xml:space="preserve"> + * Hist. Croyl. Cont. p. 562. + + ** Stowe, p. 430. Hist. Croyl. Cont. p. 562. + + *** Hall, fol. 239. Holingshed, p. 703. Grafton, p. 741. + Polyd. Virg. p. 537. Sir Thomas More in Kennet, p. 497. +</pre> + <p> + All the glories of Edward's reign terminated with the civil wars, where + his laurels, too, were extremely sullied with blood, violence, and + cruelty. His spirit seems afterwards to have been sunk in indolence and + pleasure, or his measures were frustrated by imprudence and the want of + foresight. There was no object on which he was more intent than to have + all his daughters settled by splendid marriages, though most of these + princesses were yet in their infancy, and though the completion of his + views, it was obvious, must depend on numberless accidents, which were + impossible to be foreseen or prevented. His eldest daughter, Elizabeth, + was contracted to the dauphin; his second, Cicely, to the eldest son of + James III., king of Scotland; his third, Anne, to Philip, only son of + Maximilian and the duchess of Burgundy; his fourth, Catharine, to John, + son and heir to Ferdinand, king of Arragon, and Isabella, queen of + Castile.[*] None of these projected marriages took place; and the king + himself saw in his lifetime the rupture of the first, that with the + dauphin, for which he had always discovered a peculiar fondness. Lewis, + who paid no regard to treaties or engagements, found his advantage in + contracting the dauphin to the princess Margaret, daughter of Maximilian, + and the king, notwithstanding his indolence, prepared to revenge the + indignity. + </p> +<pre xml:space="preserve"> + * Rymer, vol. xi. p. 110. +</pre> + <p class="side"> + 1482. + </p> + <p> + The French monarch, eminent for prudence as well as perfidy, endeavored to + guard against the blow; and by a proper distribution of presents in the + court of Scotland, he incited James to make war upon England. This prince, + who lived on bad terms with his own nobility, and whose force was very + unequal to the enterprise, levied an army; but when he was ready to enter + England, the barons, conspiring against his favorites, put them to death + without trial; and the army presently disbanded. The duke of Glocester, + attended by the duke of Albany, James's brother, who had been banished his + country, entered Scotland at the head of an army, took Berwick, and + obliged the Scots to accept of a peace, by which they resigned that + fortress to Edward. This success imboldened the king to think more + seriously of a French war; but while he was making preparations for that + enterprise, he was seized with a distemper, of which he expired in the + forty-second year of his age, and the twenty-third of his reign; a prince + more splendid and showy than either prudent or virtuous; brave, though + cruel; addicted to pleasure, though capable of activity in great + emergencies; and less fitted to prevent ills by wise precautions, than to + remedy them, after they took place, by his vigor and enterprise. Besides + five daughters, this king left two sons; Edward, prince of Wales, his + successor, then in his thirteenth year and Richard, duke of York, in his + ninth. + </p> + <p> + <a name="link2HCH0011" id="link2HCH0011"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XXIII. + </h2> + <p> + <a name="linkimage-0016" id="linkimage-0016"> + <!-- IMG --></a> <a href="images/1_298_edward5.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_298_edward5_th.jpg" title="Edward V." + alt="1_298_edward5.jpg Edward V. " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0022" id="link2H_4_0022"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + EDWARD V. AND RICHARD III. + </h2> + <p class="side"> + 1483. + </p> + <p> + During the latter years of Edward IV., the nation having in a great + measure forgotten the bloody feuds between the two roses, and peaceably + acquiescing in the established government, was agitated only by some court + intrigues, which, being restrained by the authority of the king, seemed + nowise to endanger the public tranquillity. These intrigues arose from the + perpetual rivalship between two parties; one consisting of the queen and + her relations, particularly the earl of Rivers, her brother, and the + marquis of Dorset, her son; the other composed of the ancient nobility, + who envied the sudden growth and unlimited credit of that aspiring + family.[*] + </p> +<pre xml:space="preserve"> + * Sir Thomas More. p. 481. +</pre> + <p> + At the head of this latter party was the duke of Buckingham, a man of very + noble birth, of ample possessions, of great alliances, of shining parts; + who, though he had married the queen's sister, was too haughty to act in + subserviency to her inclinations, and aimed rather at maintaining an + independent influence and authority. Lord Hastings, the chamberlain, was + another leader of the same party; and as this nobleman had, by his bravery + and activity, as well as by his approved fidelity, acquired the confidence + and favor of his master, he had been able, though with some difficulty, to + support himself against the credit of the queen. The lords Howard and + Stanley maintained a connection with these two noblemen, and brought a + considerable accession of influence and reputation to their party. All the + other barons, who had no particular dependence on the queen, adhered to + the same interest; and the people in general, from their natural envy + against the prevailing power, bore great favor to the cause of these + noblemen. + </p> + <p> + But Edward knew that, though he himself had been able to overawe those + rival factions, many disorders might arise from their contests during the + minority of his son; and he therefore took care, in his last illness, to + summon together several of the leaders on both sides, and by composing + their ancient quarrels, to provide, as far as possible, for the future + tranquillity of the government. After expressing his intentions, that his + brother, the duke of Glocester, then absent in the north, should be + intrusted with the regency, he recommended to them peace and unanimity + during the tender years of his son; represented to them the dangers which + must attend the continuance of their animosities; and engaged them to + embrace each other with all the appearance of the most cordial + reconciliation. But this temporary or feigned agreement lasted no longer + than the king's life; he had no sooner expired, than the jealousies of the + parties broke out afresh; and each of them applied, by separate messages, + to the duke of Glocester, and endeavored to acquire his favor and + friendship. + </p> + <p> + This prince, during his brother's reign, had endeavored to live on good + terms with both parties; and his high birth, his extensive abilities, and + his great services, had enabled him to support himself without falling + into a dependence on either. But the new situation of affairs, when the + supreme power was devolved upon him, immediately changed his measures; and + he secretly determined to preserve no longer that neutrality which he had + hitherto maintained. His exorbitant ambition, unrestrained by any + principle either of justice or humanity; made him carry his views to the + possession of the crown itself; and as this object could not be attained + without the ruin of the queen and her family, he fell, without hesitation, + into concert with the opposite party. But being sensible that the most + profound dissimulation was requisite for effecting his criminal purposes, + he redoubled his professions of zeal and attachment to that princess; and + he gained such credit with her as to influence her conduct in a point + which, as it was of the utmost importance, was violently disputed between + the opposite factions. + </p> + <p> + The young king, at the time of his father's death, resided in the Castle + of Ludlow, on the borders of Wales; whither he had been sent, that the + influence of his presence might overawe the Welsh, and restore the + tranquillity of that country, which had been disturbed by some late + commotions. His person was committed to the care of his uncle, the earl of + Rivers, the most accomplished nobleman in England, who, having united an + uncommon taste for literature[*] to great abilities in business and valor + in the field was entitled by his talents, still more than by nearness of + blood, to direct the education of the young monarch. The queen, anxious to + preserve that ascendant over her son which she had long maintained over + her husband, wrote to the earl of Rivers, that he should levy a body of + forces, in order to escort the king to London, to protect him during his + coronation, and to keep him from falling into the hands of their + enemies.[**] The opposite faction, sensible that Edward was now of an age + when great advantages could be made of his name and countenance, and was + approaching to the age when he would be legally entitled to exert in + person his authority, foresaw that the tendency of this measure was to + perpetuate their subjection under their rivals; and they vehemently + opposed a resolution which they represented as the signal for renewing a + civil war in the kingdom. Lord Hastings threatened to depart instantly to + his government of Calais:[**] the other nobles seemed resolute to oppose + force by force: and as the duke of Glocester, on pretence of pacifying the + quarrel, had declared against all appearance of an armed power, which + might be dangerous, and was nowise necessary; the queen, trusting to the + sincerity of his friendship, and overawed by so violent an opposition, + recalled her orders to her brother, and desired him to bring up no greater + retinue than should be necessary to support the state and dignity of the + young sovereign.[***] + </p> +<pre xml:space="preserve"> + * This nobleman first introduced the noble art of printing + into England. Caxton was recommended by him to the patronage + of Edward IV. See Catalogue of Royal and Noble Authors. + + ** Hist. Croyl. Cont. p. 564, 565. + + *** Sir Thomas More, p. 483. +</pre> + <p> + The duke of Glocester, meanwhile, set out from York, attended by a + numerous train of the northern gentry. When he reached Northampton, he was + joined by the duke of Buckingham, who was also attended by a splendid + retinue; and as he heard that the king was hourly expected on that road, + he resolved to await his arrival, under color of conducting him thence in + person to London. The earl of Rivers, apprehensive that the place would be + too narrow to contain so many attendants, sent his pupil forward by + another road to Stony Stratford; and came himself to Northampton, in order + to apologize for this measure, and to pay his respects to the duke of + Glocester. He was received with the greatest appearance of cordiality: he + passed the evening an an amicable manner with Glocester and Buckingham: he + proceeded on the road with them next day to join the king: but as he was + entering Stony Stratford, he was arrested by orders from the duke of + Glocester:[*] Sir Richard Gray, one of the queen's sons, was at the same + time put under a guard, together with Sir Thomas Vaughan, who possessed a + considerable office in the king's household; and all the prisoners were + instantly conducted to Pomfret. Glocester approached the young prince with + the greatest demonstrations of respect; and endeavored to satisfy him with + regard to the violence committed on his uncle and brother: but Edward, + much attached to these near relations, by whom he had been tenderly + educated, was not such a master of dissimulation as to conceal his + displeasure.[**] + </p> + <p> + The people, however, were extremely rejoiced at this revolution; and the + duke was received in London with the loudest acclamations: but the queen + no sooner received intelligence of her brother's imprisonment, than she + foresaw that Glocester's violence would not stop there, and that her own + ruin, if not that of all her children, was finally determined. She + therefore fled into the sanctuary of Westminster, attended by the marquis + of Dorset; and she carried thither the five princesses, together with the + duke of York.[***] + </p> +<pre xml:space="preserve"> + * Hist. Croyl. Cont. p. 564, 565. + + ** Sir Thomas More. + + *** Hist. Croyl. Cont. p. 565. +</pre> + <p> + She trusted that the ecclesiastical privileges, which had formerly, during + the total ruin of her husband and family, given her protection against the + fury of the Lancastrian faction, would not now be violated by her + brother-in-law, while her son was on the throne; and she resolved to await + there the return of better fortune. But Glocester, anxious to have the + duke of York in his power, proposed to take him by force from the + sanctuary; and he represented to the privy council both the indignity put + upon the government by the queen's ill-grounded apprehensions, and the + necessity of the young prince's appearance at the ensuing coronation of + his brother. It was further urged, that ecclesiastical privileges were + originally intended only to give protection to unhappy men persecuted for + their debts or crimes; and were entirely useless to a person who, by + reason of his tender age, could lie under the burden of neither, and who, + for the same reason, was utterly incapable of claiming security from any + sanctuary. But the two archbishops, Cardinal Bourchier, the primate, and + Rotherhand, archbishop of York, protesting against the sacrilege of this + measure, it was agreed that they should first endeavor to bring the queen + to compliance by persuasion, before any violence should be employed + against her. These prelates were persons of known integrity and honor; and + being themselves entirely persuaded of the duke's good intentions, they + employed every argument, accompanied with earnest entreaties, + exhortations, and assurances, to bring her over to the same opinion. She + long continued obstinate, and insisted that the duke of York, by living in + the sanctuary, was not only secure himself, but gave security to the king, + whose life no one would dare to attempt while his successor and avenger + remained in safety. But finding that none supported her in these + sentiments, and that force, in case of refusal, was threatened by the + council, she at last complied, and produced her son to the two prelates. + She was here on a sudden struck with a kind of presage of his future fate: + she tenderly embraced him; she bedewed him with her tears; and bidding him + an eternal adieu, delivered him, with many expressions of regret and + reluctance, into their custody.[*] + </p> + <p> + The duke of Glocester, being the nearest male of the royal family capable + of exercising the government, seemed entitled, by the customs of the + realm, to the office of protector; and the council, not waiting for the + consent of parliament, made no scruple of investing him with that high + dignity.[**] + </p> +<pre xml:space="preserve"> + * Sir Thomas More, p. 491. + + ** Hist. Croyl. Cont, p. 566. +</pre> + <p> + The general prejudice entertained by the nobility against the queen and + her kindred, occasioned this precipitation and irregularity; and no one + foresaw any danger to the succession, much less to the lives of the young + princes, from a measure so obvious and so natural. Besides that the duke + had hitherto been able to cover, by the most profound dissimulation, his + fierce and savage nature, the numerous issue of Edward, together with the + two children of Clarence, seemed to be an eternal obstacle to his + ambition; and it appeared equally impracticable for him to destroy so many + persons possessed of a preferable title, and imprudent to exclude them. + But a man who had abandoned all principles of honor and humanity, was soon + carried by his predominant passion beyond the reach of fear or precaution; + and Glocester, having so far succeeded in his views, no longer hesitated + in removing the other obstructions which lay between him and the throne. + The death of the earl of Rivers, and of the other prisoners detained in + Pomfret, was first determined; and he easily obtained the consent of the + duke of Buckingham, as well as of Lord Hastings, to this violent and + sanguinary measure. However easy it was, in those times, to procure a + sentence against the most innocent person, it appeared still more easy to + despatch an enemy without any trial or form of process; and orders were + accordingly issued to Sir Richard Ratcliffe, a proper instrument in the + hands of this tyrant, to cut off the heads of the prisoners. The protector + then assailed the fidelity of Buckingham by all the arguments capable of + swaying a vicious mind, which knew no motive of action but interest and + ambition. He represented that the execution of persons so nearly related + to the king, whom that prince so openly professed to love, and whose fate + he so much resented, would never pass unpunished; and all the actors in + that scene were bound in prudence to prevent the effects of his future + vengeance: that it would be impossible to keep the queen forever at a + distance from her son, and equally impossible to prevent her from + instilling into his tender mind the thoughts of retaliating, by like + executions, the sanguinary insults committed on her family: that the only + method of obviating these mischiefs was to put the sceptre in the hands of + a man of whose friendship the duke might be assured, and whose years and + experience taught him to pay respect to merit and to the rights of ancient + nobility: and that the same necessity which had carried them so far in + resisting the usurpation of these intruders, must justify them in + attempting further innovations, and in making, by national consent, a new + settlement of the succession. To these reasons he added the offers of + great private advantages to the duke of Buckingham; and he easily obtained + from him a promise of supporting him in all his enterprises. + </p> + <p> + The duke of Glocester, knowing the importance of gaining Lord Hastings, + sounded at a distance his sentiments, by means of Catesby, a lawyer, who + lived in great intimacy with that nobleman; but found him impregnable in + his allegiance and fidelity to the children of Edward, who had ever + honored him with his friendship.[*] He saw, therefore, that there were no + longer any measures to be kept with him; and he determined to ruin utterly + the man whom he despaired of engaging to concur in his usurpation. On the + very day when Rivers, Gray, and Vaughan were executed, or rather murdered, + at Poinfret by the advice of Hastings, the protector summoned a council in + the Tower; whither that nobleman, suspecting no design against him, + repaired without hesitation. + </p> +<pre xml:space="preserve"> + * Sir Thomas More. p. 493. +</pre> + <p> + The duke of Glocester was capable of committing the most bloody and + treacherous murders with the utmost coolness and indifference. On taking + his place at the council-table, he appeared in the easiest and most jovial + humor imaginable. He seemed to indulge himself in familiar conversation + with the counsellors, before they should enter on business, and having + paid some compliments to Morton, bishop of Ely, on the good and early + strawberries which he raised in his garden at Holborn, he begged the favor + of having a dish of them, which that prelate immediately despatched a + servant to bring to him. The protector then left the council, as if called + away by some other business; but soon after returning with an angry and + inflamed countenance, he asked them, what punishment those deserved that + had plotted against his life, who was so nearly related to the king, and + was intrusted with the administration of government. Hastings replied, + that they merited the punishment of traitors. "These traitors," cried the + protector, "are the sorceress, my brother's wife, and Jane Shore, his + mistress, with others their associates: see to what a condition they have + reduced me by their incantations and witchcraft:" upon which he laid bare + his arm, all shrivelled and decayed. But the counsellors, who knew that + this infirmity had attended him from his birth, looked on each other with + amazement; and, above all, Lord Hastings, who, as he had since Edward's + death engaged in an intrigue with Jane Shore,[*] <a href="#linknote-20" + name="linknoteref-20" id="linknoteref-20">20</a> was naturally anxious + concerning the issue of these extraordinary proceedings. + </p> +<pre xml:space="preserve"> + * See note T, at the end of the volume. +</pre> + <p> + "Certainly, my lord," said he, "if they be guilty of these crimes, they + deserve the severest punishment." "And do you reply to me," exclaimed the + protector, "with your ifs and your ands? You are the chief abettor of that + witch, Shore: you are yourself a traitor; and I swear by St. Paul, that I + will not dine before your head be brought me," He struck the table with + his hand: armed men rushed in at the signal: the counsellors were thrown + into the utmost consternation: and one of the guards, as if by accident or + mistake, aimed a blow with a pole-axe at Lord Stanley, who, aware of the + danger, slunk under the table; and though he saved his life, he received a + severe wound in the head, in the protector's presence. Hastings was + seized, was hurried away, and instantly beheaded on a timber-log, which + lay in the court of the Tower.[*] Two hours after, a proclamation, well + penned, and fairly written, was read to the citizens of London, + enumerating his offenses, and apologizing to them, from the suddenness of + the discovery, for the sudden execution of that nobleman, who was very + popular among them; but the saying of a merchant was much talked of on the + occasion, who remarked, that the proclamation was certainly drawn by the + spirit of prophecy.[**] + </p> +<pre xml:space="preserve"> + * Hist Croyl. Cont. p. 566. + + ** Sir Thomas More, p. 496. +</pre> + <p> + Lord Stanley, the archbishop of York, the bishop of Ely, and other + counsellors, were committed prisoners in different chambers of the Tower; + and the protector, in order to carry on the farce of his accusations, + ordered the goods of Jane Shore to be seized; and he summoned her to + answer before the council for sorcery and witchcraft. But as no proofs, + which could be received even in that ignorant age, were produced against + her, he directed her to be tried in the spiritual court for her adulteries + and lewdness; and she did penance in a white sheet in St. Paul's, before + the whole people. This lady was born of reputable parents in London, was + well educated, and married to a substantial citizen; but unhappily views + of interest, more than the maid's inclinations, had been consulted in the + match, and her mind, though framed for virtue, had proved unable to resist + the allurements of Edward, who solicited her favors. But while seduced + from her duty by this gay and amorous monarch, she still made herself + respectable by her other virtues; and the ascendant which her charms and + vivacity long maintained over him, was all employed in acts of beneficence + and humanity. She was still forward to oppose calumny, to protect the + oppressed, to relieve the indigent; and her good offices, the genuine + dictates of her heart, never waited the solicitation of presents, or the + hopes of reciprocal services. But she lived not only to feel the + bitterness of shame imposed on her by this tyrant, but to experience, in + old age and poverty, the ingratitude of those courtiers who had long + solicited her friendship, and been protected by her credit. No one, among + the great multitudes whom she had obliged, had the humanity to bring her + consolation or relief; she languished out her life in solitude and + indigence; and amidst a court inured to the most atrocious crimes, the + frail ties of this woman justified all violations of friendship towards + her, and all neglect of former obligations. + </p> + <p> + These acts of violence, exercised against all the nearest connections of + the late king, prognosticated the severest fate to his defenceless + children; and after the murder of Hastings, the protector no longer made a + secret of his intentions to usurp the crown. The licentious life of + Edward, who was not restrained in his pleasures either by honor or + prudence, afforded a pretence for declaring his marriage with the queen + invalid, and all his posterity illegitimate. It was asserted that, before + espousing the lady Elizabeth Gray, he had paid court to the lady Eleanor + Talbot, daughter of the earl of Shrewsbury; and being repulsed by the + virtue of that lady, he was obliged, ere he could gratify his desires, to + consent to a private marriage, without any witnesses, by Stillington, + bishop of Bath, who afterwards divulged the secret.[*] + </p> +<pre xml:space="preserve"> + * Hist. Croyl. Cont. p. 567. Comines. Sir Thomas More, p. + 482. +</pre> + <p> + It was also maintained that the act of attainder passed against the duke + of Clarence, had virtually incapacitated his children from succeeding to + the crown; and these two families being set aside, the protector remained + the only true and legitimate heir of the house of York. But as it would be + difficult, if not impossible, to prove the preceding marriage of the late + king, and as the rule which excludes the heirs of an attainted blood from + private successions was never extended to the crown, the protector + resolved to make use of another plea, still more shameful and scandalous. + His partisans were taught to maintain, that both Edward IV. and the duke + of Clarence were illegitimate; that the duchess of York had received + different lovers into her bed, who were the fathers of these children, + that, their resemblance to those gallants was a sufficient proof of their + spurious birth; and that the duke of Glocester alone, of all her sons, + appeared by his features and countenance to be the true offspring of the + duke of York. Nothing can be imagined more impudent than this assertion, + which threw so foul an imputation on his own mother, a princess of + irreproachable virtue, and then alive; yet the place chosen for first + promulgating it was the pulpit, before a large congregation, and in the + protector's presence. Dr. Shaw was appointed to preach in St. Paul's; and + having chosen this passage for his text "Bastards lips shall not thrive," + he enlarged on all the topics which could discredit the birth of Edward + IV., the duke of Clarence, and of all their children. He then broke out in + a panegyric on the duke of Glocester; and exclaimed, "Behold this + excellent prince, the express image of his noble father, the genuine + descendant of the house of York; bearing no less in the virtues of his + mind than in the features of his countenance the character of the gallant + Richard, once your hero and favorite: he alone is entitled to your + allegiance: he must deliver you from the dominion of all intruders: he + alone can restore the lost glory and honor of the nation." It was + previously concerted, that as the doctor should pronounce these words, the + duke of Glocester should enter the church; and it was expected that the + audience would cry out, "God save King Richard;" which would immediately + have been laid hold of as a popular consent, and interpreted to be the + voice of the nation; but by a ridiculous mistake, worthy of the whole + scene, the duke did not appear till after this exclamation was already + recited by the preacher. The doctor was therefore obliged to repeat his + rhetorical figure out of its proper place: the audience, less from the + absurd conduct of the discourse than from their detestation of these + proceedings, kept a profound silence: and the protector and his preacher + were equally abashed at the ill success of their stratagem. + </p> + <p> + But the duke was too far advanced to recede from his criminal and + ambitious purpose. A new expedient was tried to work on the people. The + mayor, who was brother to Dr. Shaw, and entirely in the protector's + interests, called an assembly of the citizens; where the duke of + Buckingham, who possessed some talents for eloquence, harangued them on + the protector's title to the crown, and displayed those numerous virtues + of which he pretended that prince was possessed. He next asked them + whether they would have the duke for king; and then stopped, in + expectation of hearing the cry, "God save King Richard." He was surprised + to observe them silent; and turning about to the mayor, asked him the + reason. The mayor replied, that perhaps they did not understand him. + Buckingham then repeated his discourse with some variation. enforced the + same topics, asked the same question, and was received with the same + silence. "I now see the cause," said the mayor; "the citizens are not + accustomed to be harangued by any but their recorder; and know not how to + answer a person of your grace's quality." The recorder, Fitz-Williams, was + then commanded to repeat the substance of the duke's speech; but the man, + who was averse to the office, took care, throughout his whole discourse, + to have it understood that he spoke nothing of himself, and that he only + conveyed to them the sense of the duke of Buckingham. Still the audience + kept a profound silence. "This is wonderful obstinacy," cried the duke: + "express your meaning, my friends, one way or other: when we apply to you + on this occasion, it is merely from the regard which we bear to you. The + lords and commons have sufficient authority, without your consent, to + appoint a king: but I require you here to declare, in plain terms, whether + or not you will have the duke of Glocester for your sovereign." After all + these efforts, some of the meanest apprentices, incited by the protector's + and Buckingham's servants, raised a feeble cry, "God save King + Richard:"[*] the sentiments of the nation were now sufficiently declared: + the voice of the people was the voice of God: and Buckingham, with the + mayor, hastened to Baynard's Castle, where the protector then resided, + that they might make him a tender of the crown. + </p> +<pre xml:space="preserve"> + * Sir Thomas More, p. 496. +</pre> + <p> + When Richard was told that a great multitude was in the court, he refused + to appear to them, and pretended to be apprehensive for his personal + safety; a circumstance taken notice of by Buckingham, who observed to the + citizens that the prince was ignorant of the whole design. At last he was + persuaded to step forth, but he still kept at some distance; and he asked + the meaning of their intrusion and importunity. Buckingham told him that + the nation was resolved to have him for king: the protector declared his + purpose of maintaining his loyalty to the present sovereign, and exhorted + them to adhere to the same resolution. He was told that the people had + determined to have another prince; and if he rejected their unanimous + voice, they must look out for one who would be more compliant. This + argument was too powerful to be resisted: he was prevailed on to accept of + the crown: and he thenceforth acted as legitimate and rightful sovereign. + </p> + <p> + This ridiculous force was soon after followed by a scene truly tragical; + the murder of the two young princes. Richard gave orders to Sir Robert + Brakenbury, constable of the Tower, to put his nephews to death; but this + gentleman, who had sentiments of honor, refused to have any hand in the + infamous office. The tyrant then sent for Sir James Tyrrel, who promised + obedience: and he ordered Brakenbury to resign to this gentleman the keys + and government of the Tower for one night. Tyrre, choosing three + associates, Slater, Dighton, and Forest, came in the night-time to the + door of the chamber where the princes were lodged; and sending in the + assassins he bade them execute their commission, while he himself staid + without. They found the young princes in bed, and fallen into a profound + sleep. After suffocating them with the bolster and pillows, they showed + their naked bodies to Tyrrel, who ordered them to be buried at the foot of + the stairs, deep in the ground, under a heap of stones.[*] These + circumstances were all confessed by the actors in the following reign; and + they were never punished for the crime; probably because Henry, whose + maxims of government were extremely arbitrary, desired to establish it as + a principle, that the commands of the reigning sovereign ought to justify + every enormity in those who paid obedience to them. But there is one + circumstance not so easy to be accounted for: it is pretended that + Richard, displeased with the indecent manner of burying his nephews, whom + he had murdered, gave his chaplain orders to dig up the bodies, and to + inter them in consecrated ground; and as the man died soon after, the + place of their burial remained unknown, and the bodies could never be + found by any search which Henry could make for them. Yet in the reign of + Charles II., when there was occasion to remove some stones and to dig in + the very spot which was mentioned as the place of their first interment, + the bones of two persons were there found, which by their size exactly + corresponded to the age of Edward and his brother: they were concluded + with certainty to be the remains of those princes, and were interred under + a marble monument by orders of King Charles.[**] Perhaps Richard's + chaplain had died before he found an opportunity of executing his master's + commands; and the bodies being supposed to be already removed, a diligent + search was not made for them by Henry in the place where they had been + buried. + </p> +<pre xml:space="preserve"> + * Sir Thomas More, p. 501. + + ** Kennet, p. 551. +</pre> + <p> + <a name="link2HCH0012" id="link2HCH0012"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CHAPTER XXIII. + </h2> + <p> + <a name="linkimage-0017" id="linkimage-0017"> + <!-- IMG --></a> <a href="images/1_301_richard3.jpg">ENLARGE</a> + </p> + <div class="fig" style="width:80%"> + <img src="images/1_301_richard3_th.jpg" title="Richard III." + alt="1_301_richard3.jpg Richard III. " width="100%" /><br /> + </div> + <p> + <a name="link2H_4_0024" id="link2H_4_0024"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + RICHARD III. + </h2> + <p class="side"> + 1483. + </p> + <p> + The first acts of Richard's administration were to bestow rewards on those + who had assisted him in usurping the crown, and to gain by favors those + who, he thought, were best able to support his future government. Thomas + Lord Howard was created duke of Norfolk; Sir Thomas Howard, his son, earl + of Surrey; Lord Lovel, a viscount by the same name; even Lord Stanley was + set at liberty, and made steward of the household. This nobleman had + become obnoxious by his first opposition to Richard's views, and also by + his marrying the countess dowager of Richmond, heir of the Somerset + family; but sensible of the necessity of submitting to the present + government, he feigned such zeal for Richard's service, that he was + received into favor, and even found means to be intrusted with the most + important commands by that politic and jealous tyrant. + </p> + <p> + But the person who, both from the greatness of his services and the power + and splendor of his family, was best entitled to favors under the new + government, was the duke of Buckingham; and Richard seemed determined to + spare no pains or bounty in securing him to his interests. Buckingham was + descended from a daughter of Thomas of Woodstock, duke of Glocester, uncle + to Richard II.; and by this pedigree he not only was allied to the royal + family, but had claims for dignities as well as estates of a very + extensive nature. The duke of Glocester, and Henry, earl of Derby, + afterwards Henry IV. had married the two daughters and coheirs of Bohun, + earl of Hereford, one of the greatest of the ancient barons, whose immense + property came thus to be divided into two shares. One was inherited by the + family of Buckingham; the other was united to the crown by the house of + Lancaster, and, after the attainder of that royal line, was seized, as + legally devolved to them, by the sovereigns of the house of York. The duke + of Buckingham laid hold of the present opportunity, and claimed the + restitution of that portion of the Hereford estate which had escheated to + the crown, as well as of the great office of constable, which had long + continued by inheritance in his ancestors of that family. Richard readily + complied with these demands, which were probably the price stipulated to + Buckingham for his assistance in promoting the usurpation. That nobleman + was invested with the office of constable; he received a grant of the + estate of Hereford;[*] many other dignities and honors were conferred upon + him; and the king thought himself sure of preserving the fidelity of a man + whose interests seemed so closely connected with those of the present + government. + </p> +<pre xml:space="preserve"> + * Dugdale's Baron. vol. i. p. 168, 169. +</pre> + <p> + But it was impossible that friendship could long remain inviolate between + two men of such corrupt minds as Richard and the duke of Buckingham. + Historians ascribe their first rupture to the king's refusal of making + restitution of the Hereford estate; but it is certain from records, that + he passed a grant for that purpose, and that the full demands of + Buckingham were satisfied in this particular. Perhaps Richard was soon + sensible of the danger which might ensue from conferring such an immense + property on a man of so turbulent a disposition, and afterwards raised + difficulties about the execution of his own grant: perhaps he refused some + other demands of Buckingham, whom he found it impossible to gratify for + his past services: perhaps he resolved, according to the usual maxim of + politicians, to seize the first opportunity of ruining this powerful + subject, who had been the principal instrument of his own elevation; and + the discovery of this intention begat the first discontent in the duke of + Buckingham. However this may be, it is certain that the duke, soon after + Richard's accession, began to form a conspiracy against the government, + and attempted to overthrow that usurpation which he himself had so + zealously contributed to establish. + </p> + <p> + Never was there in any country a usurpation more flagrant than that of + Richard, or more repugnant to every principle of justice and public + interest. His claim was entirely founded on impudent allegations, never + attempted to be proved; some of them incapable of proof, and all of their + implying scandalous reflections on his own family, and on the persons with + whom he was the most nearly connected. His title was never acknowledged by + any national assembly, scarcely even by the lowest populace to whom he + appealed; and it had become prevalent merely for want of some person of + distinction, who might stand forth against him, and give a voice to those + sentiments of general detestation which arose in every bosom. Were men + disposed to pardon these violations of public right, the sense of private + and domestic duty, which is not to be effaced in the most barbarous times, + must have, begotten an abhorrence against him; and have represented the + murder of the young and innocent princes, his nephews, with whose + protection he had been intrusted, in the most odious colors imaginable. To + endure such a bloody usurper seemed to draw disgrace upon the nation, and + to be attended with immediate danger to every individual who was + distinguished by birth, merit, or services. Such was become the general + voice of the people; all parties were united in the same sentiments; and + the Lancastrians, so long oppressed, and of late so much discredited, felt + their blasted hopes again revive, and anxiously expected the consequences + of these extraordinary events. The duke of Buckingham, whose family had + been devoted to that interest, and who, by his mother, a daughter of + Edmund, duke of Somerset, was allied to the house of Lancaster, was easily + induced to espouse the cause of this party, and to endeavor the restoring + of it to its ancient superiority. Morton, bishop of Ely, a zealous + Lancastrian, whom the king had imprisoned, and had afterwards committed to + the custody of Buckingham, encouraged these sentiments; and by his + exhortations the duke cast his eye towards the young earl of Richmond, as + the only person who could free the nation from the tyranny of the present + usurper.[*] + </p> +<pre xml:space="preserve"> + * Hist. Croyl. Cont. p. 568. +</pre> + <p> + Henry, earl of Richmond, was at this time detained in a kind of honorable + custody by the duke of Brittany; and his descent, which seemed to give him + some pretensions to the crown, had been a great object of jealousy both in + the late and in the present reign. John, the first duke of Somerset who + was grandson of John of Gaunt, by a spurious branch but legitimated by act + of parliament, had left only one daughter, Margaret; and his younger + brother, Edmund, had succeeded him in his titles, and in a considerable + part of his fortune. Margaret had espoused Edmund, earl of Richmond, half + brother of Henry VI., and son of Sir Owen Tudor and Catharine of France, + relict of Henry V., and she bore him only one son, who received the name + of Henry, and who, after his father's death, inherited the honors and + fortune of Richmond. His mother, being a widow, had espoused in second + marriage Sir Henry Stafford, uncle to Buckingham, and after the death of + that gentleman, had married Lord Stanley; but had no children by either of + these husbands; and her son Henry was thus, in the event of her death, the + sole heir of all her fortunes. But this was not the most considerable + advantage which he had reason to expect from her succession: he would + represent the elder branch of the house of Somerset; he would inherit all + the title of that family to the crown; and though its claim, while any + legitimate branch subsisted of the house of Lancaster, had always been + much disregarded, the zeal of faction, after the death of Henry VI., and + the murder of Prince Edward, immediately conferred a weight and + consideration upon it. + </p> + <p> + Edward IV., finding that all the Lancastrians had turned their attention + towards the young earl of Richmond as the object of their hopes, thought + him also worthy of his attention; and pursued him into his retreat in + Brittany, whither his uncle, the earl of Pembroke, had carried him, after + the battle of Tewkesbury, so fatal to his party. He applied to Francis + II., duke of Brittany, who was his ally; a weak, but a good prince; and + urged him to deliver up this fugitive, who might be the source of future + disturbances in England; but the duke, averse to so dishonorable a + proposal, would only consent that, for the security of Edward, the young + nobleman should be detained in custody; and he received an annual pension + from England for the safe keeping or the subsistence of his prisoner. But + towards the end of Edward's reign, when the kingdom was menaced with a war + both from France and Scotland, the anxieties of the English court with + regard to Henry were much increased; and Edward made a new proposal to the + duke, which covered, under the fairest appearances, the most bloody and + treacherous intentions. He pretended that he was desirous of gaining his + enemy, and of uniting him to his own family by a marriage with his + daughter Elizabeth; and he solicited to have him sent over to England, in + order to execute a scheme which would redound so much to his advantage. + These pretences, seconded, as is supposed, by bribes to Peter Landais, a + corrupt minister, by whom the duke was entirely governed, gained credit + with the court of Brittany: Henry was delivered into the hands of the + English agents, he was ready to embark; when a suspicion of Edward's real + design was suggested to the duke, who recalled his orders, and thus saved + the unhappy youth from the imminent danger which hung over him. + </p> + <p> + These symptoms of continued jealousy in the reigning family of England, + both seemed to give some authority to Henry's pretensions, and made him + the object of general favor and compassion, on account of the dangers and + persecutions to which he was exposed. The universal detestation of + Richard's conduct turned still more the attention of the nation towards + Henry; and as all the descendants of the house of York were either women + or minors, he seemed to be the only person from whom the nation could + expect the expulsion of the odious and bloody tyrant. But notwithstanding + these circumstances, which were so favorable to him, Buckingham and the + bishop of Ely well knew that there would still be many obstacles in his + way to the throne; and that, though the nation had been much divided + between Henry VI. and the duke of York, while present possession and + hereditary right stood in opposition to each other, yet as soon as these + titles were united in Edward IV., the bulk of the people had come over to + the reigning family; and the Lancastrians had extremely decayed, both in + numbers and in authority. It was therefore suggested by Morton, and + readily assented to by the duke, that the only means of overturning the + present usurpation, was to unite the opposite factions, by contracting a + marriage between the earl of Richmond and the princess Elizabeth, eldest + daughter of King Edward, and thereby blending together the opposite + pretensions of their families, which had so long been the source of public + disorders and convulsions. They were sensible, that the people were + extremely desirous of repose after so many bloody and destructive + commotions; that both Yorkists and Lancastrians, who now lay equally under + oppression, would embrace this scheme with ardor; and that the prospect of + reconciling the two parties, which was in itself so desirable an end, + would, when added to the general hatred against the present government, + render their cause absolutely invincible. In consequence of these views, + the prelate, by means of Reginald Bray, steward to the countess of Rich-* + *mond, first opened the project of such a union to that lady; and the plan + appeared so advantageous for her son, and at the same time so likely to + succeed, that it admitted not of the least hesitation. Dr. Lewis, a Welsh + physician, who had access to the queen dowager in her sanctuary, carried + the proposals to her, and found that revenge for the murder of her brother + and of her three sons, apprehensions for her surviving family, and + indignation against her confinement, easily overcame all her prejudices + against the house of Lancaster, and procured her approbation of a + marriage, to which the age and birth, as well as the present situation of + the parties, seemed so naturally to invite them. She secretly borrowed a + sum of money in the city, sent it over to the earl of Richmond, required + his oath to celebrate the marriage as soon as he should arrive in England, + advised him to levy as many foreign forces as possible, and promised to + join him on his first appearance, with all the friends and partisans of + her family. + </p> + <p> + The plan being thus laid upon the solid foundations of good sense and + sound policy, it was secretly communicated to the principal persons of + both parties in all the counties of England; and a wonderful alacrity + appeared in every order of men to forward its success and completion. But + it was impossible that so extensive a conspiracy could be conducted in so + secret a manner, as entirely to escape the jealous and vigilant eye of + Richard; and he soon received intelligence, that his enemies, headed by + the duke of Buckingham, were forming some design against his authority. He + immediately put himself in a posture of defence, by levying troops in the + north; and he summoned the duke to appear at court, in such terms as + seemed to promise him a renewal of their former amity. But that nobleman, + well acquainted with the barbarity and treachery of Richard, replied only + by taking arms in Wales, and giving the signal to his accomplices for a + general insurrection in all parts of England. But at that very time there + happened to fall such heavy rains, so incessant and continued, as exceeded + any known in the memory of man; and the Severn, with the other rivers in + that neighborhood, swelled to a height which rendered them impassable, and + prevented Buckingham from marching into the heart of England to join his + associates. The Welshmen, partly moved by superstition at this + extraordinary event, partly distressed by famine in their camp, fell off + from him; and Buckingham, finding himself deserted by his followers, put + on a disguise, and took shelter in the house of Banister, an old servant + of his family. But being detected in his retreat, he was brought to the + king at Salisbury; and was instantly executed, according to the summary + method practised in that age.[*] The other conspirators, who took arms in + four different places, at Exeter, at Salisbury, it Newbury, and at + Maidstone, hearing of the duke of Buckingham's misfortunes, despaired of + success, and immediately dispersed themselves. + </p> + <p> + The marquis of Dorset and the bishop of Ely made their escape beyond sea; + many others were equally fortunate; several fell into Richard's hands, of + whom he made some examples. His executions seem not to have been + remarkably severe; though we are told of one gentleman, William + Colingbourne, who suffered under color of this rebellion, but in reality + for a distich of quibbling verses which he had composed against Richard + and his ministers.[*] + </p> +<pre xml:space="preserve"> + * Hist. Croyl. Cont. p. 568. + The lines were— + + "The Rat, the Cat, and Lovel that Dog, + Rule all England under the Hog;" +</pre> + <p> + The earl of Richmond, in concert with his friends, had set sail from St. + Malo's, carrying on board a body of five thousand men, levied in foreign + parts; but his fleet being at first driven back by a storm, he appeared + not on the coast of England till after the dispersion of all his friends; + and he found himself obliged to return to the court of Brittany. + </p> + <p class="side"> + 1484. + </p> + <p> + The king, every where triumphant, and fortified by this unsuccessful + attempt to dethrone him, ventured at last to summon a parliament; a + measure which his crimes and flagrant usurpation had induced him hitherto + to decline. Though it was natural that the parliament, in a contest of + national parties, should always adhere to the victor, he seems to have + apprehended, lest his title, founded on no principle, and supported by no + party, might be rejected by that assembly. But his enemies being now at + his feet, the parliament had no choice left but to recognize his + authority, and acknowledge his right to the crown. His only son, Edward, + then a youth of twelve years of age, was created prince of Wales: the + duties of tonnage and poundage were granted to the king for life; and + Richard, in order to reconcile the nation to his government, passed some + popular laws, particularly one alluding to the names of Ratcliffe and + Catesby; and to Richard's arms, which were a boar, against the late + practice of extorting money on pretence of benevolence. + </p> + <p> + All the other measures of the king tended to the same object. Sensible + that the only circumstance which could give him security, was to gain the + confidence of the Yorkists, he paid court to the queen dowager with such + art and address, made such earnest protestations of his sincere good-will + and friendship, that this princess, tired of confinement, and despairing + of any success from her former projects, ventured to leave her sanctuary, + and to put herself and her daughters into the hands of the tyrant. But he + soon carried further his views for the establishment of his throne. He had + married Anne, the second daughter of the earl of Warwick, and widow of + Edward, prince of Wales, whom Richard himself had murdered; but this + princess having born him but one son, who died about this time, he + considered her as an invincible obstacle to the settlement of his fortune, + and he was believed to have carried her off by poison; a crime for which + the public could not be supposed to have any solid proof, but which the + usual tenor of his conduct made it reasonable to suspect. He now thought + it in his power to remove the chief perils which threatened his + government. The earl of Richmond, he knew, could never be formidable but + from his projected marriage with the princess Elizabeth, the true heir of + the crown; and he therefore intended, by means of a papal dispensation, to + espouse, himself, this princess, and thus to unite in his own family their + contending titles. The queen dowager, eager to recover her lost authority, + neither scrupled this alliance, which was very unusual in England, and was + regarded as incestuous, nor felt any horror at marrying her daughter to + the murderer of her three sons and of her brother: she even joined so + farther interests with those of the usurper, that she wrote to all her + partisans, and among the rest to her son, the marquis of Dorset, desiring + them to withdraw from the earl of Richmond; an injury which the earl could + never afterwards forgive: the court of Rome was applied to for a + dispensation: Richard thought that he could easily defend himself during + the interval, till it arrived; and he had afterwards the agreeable + prospect of a full and secure settlement. He flattered himself that the + English nation, seeing all danger removed of a disputed succession, would + then acquiesce under the dominion of a prince who was of mature years, of + great abilities, and of a genius qualified for government; and that they + would forgive him all the crimes which he had committed in paving his way + to the throne. + </p> + <p> + But the crimes of Richard were so horrid and so shocking to humanity, that + the natural sentiments of men, without any political or public views, were + sufficient to render his government unstable; and every person of probity + and honor was earnest to prevent the sceptre from being any longer + polluted by that bloody and faithless hand which held it. All the exiles + flocked to the earl of Richmond in Brittany, and exhorted him to hasten + his attempt for a new invasion, and to prevent the marriage of the + princess Elizabeth, which must prove fatal to all his hopes. The earl, + sensible of the urgent necessity, but dreading the treachery of Peter + Landais, who had entered into a negotiation with Richard for betraying + him, was obliged to attend only to his present safety; and he made his + escape to the court of France. The ministers of Charles VIII., who had now + succeeded to the throne after the death of his father, Lewis, gave him + countenance and protection; and being desirous of raising disturbance to + Richard, they secretly encouraged the earl in the levies which he made for + the support of his enterprise upon England. The earl of Oxford, whom + Richard's suspicions had thrown into confinement, having made his escape, + here joined Henry; and inflamed his ardor for the attempt, by a favorable + account which he brought of the dispositions of the English nation, and + their universal hatred of Richard's crimes and usurpation. + </p> + <p class="side"> + 1485. + </p> + <p> + The earl of Richmond set sail from Harfleur, in Normandy, with a small + army of about two thousand men; and after a navigation of six days, he + arrived at Milford Haven, in Wales, where he landed without opposition. He + directed his course to that part of the kingdom, in hopes that the Welsh, + who regarded him as their countryman, and who had been already + prepossessed in favor of his cause by means of the duke of Buckingham, + would join his standard, and enable him to make head against the + established government. Richard, who knew not in what quarter he might + expect the invader, had taken post at Nottingham, in the centre of the + kingdom; and having given commissions to different persons in the several + counties, whom he empowered to oppose his enemy, he purposed in person to + fly, on the first alarm, to the place exposed to danger. Sir Rice ap + Thomas and Sir Walter Herbert were intrusted with his authority in Wales; + but the former immediately deserted to Henry; the second made but feeble + opposition to him; and the earl, advancing towards Shrewsbury, received + every day some reënforcement from his partisans. Sir Gilbert Talbot joined + him with all the vassals and retainers of the family of Shrewsbury: Sir + Thomas Bourchier and Sir Walter Hungerford brought their friends to share + his fortunes; and the appearance of men of distinction in his camp made + already his cause wear a favorable aspect. + </p> + <p> + But the danger to which Richard was chiefly exposed, proceeded not so much + from the zeal of his open enemies, as from the infidelity of his pretended + friends. Scarce any nobleman of distinction was sincerely attached to his + cause, except the duke of Norfolk; and all those who feigned the most + loyalty were only watching for an opportunity to betray and desert him. + But the persons of whom he entertained the greatest suspicion, were Lord + Stanley and his brother Sir William, whose connections with the family of + Richmond, notwithstanding their professions of attachment to his person, + were never entirely forgotten or overlooked by him. When he empowered Lord + Stanley to levy forces, he still retained his eldest son, Lord Strange, as + a pledge for his fidelity; and that nobleman was, on this account, obliged + to employ great caution and reserve in his proceedings. He raised a + powerful body of his friends and retainers in Cheshire and Lancashire, but + without openly declaring himself: and though Henry had received secret + assurances of his friendly intentions, the armies on both sides knew not + what to infer from his equivocal behavior. The two rivals at last + approached each other, at Bosworth near Leicester; Henry at the head of + six thousand men, Richard with an army of above double the number; and a + decisive action was every hour expected between them. Stanley, who + commanded above seven thousand men, took care to post himself at + Atherstone, not far from the hostile camps; and he made such a disposition + as enabled him on occasion to join either party. Richard had too much + sagacity not to discover his intentions from these movements; but he kept + the secret from his own men for fear of discouraging them: he took not + immediate revenge on Stanley's son, as some of his courtiers advised him; + because he hoped that so valuable a pledge would induce the father to + prolong still further his ambiguous conduct: and he hastened to decide by + arms the quarrel with his competitor; being certain that a victory over + the earl of Richmond would enable him to take simple revenge on all his + enemies, open and concealed. + </p> + <p> + The van of Richmond's army, consisting of archers, was commanded by the + earl of Oxford: Sir Gilbert Talbot led the right wing; Sir John Savage the + left: the earl himself, accompanied by his uncle the earl of Pembroke, + placed himself in the main body. Richard also took post in his main body, + and intrusted the command of his van to the duke of Norfolk: as his wings + were never engaged, we have not learned the names of the several + commanders. Soon after the battle began, Lord Stanley, whose conduct in + this whole affair discovers great precaution and abilities, appeared in + the field, and declared for the earl of Richmond. This measure, which was + unexpected to the men, though not to their leaders, had a proportional + effect on both armies: it inspired unusual courage into Henry's soldiers; + it threw Richard's into dismay and confusion. The intrepid tyrant, + sensible of his desperate situation, cast his eye around the field, and + descrying his rival at no great distance, he drove against him with fury, + in hopes that either Henry's death or his own would decide the victory + between them. He killed with his own hands Sir William Brandon, + standard-bearer to the earl: he dismounted Sir John Cheyney: he was now + within reach of Richmond himself, who declined not the combat, when Sir + William Stanley, breaking in with his troops, surrounded Richard, who, + fighting bravely to the last moment, was overwhelmed by numbers, and + perished by a fate too mild and honorable for his multiplied and + detestable enormities. His men every where sought for safety by flight. + </p> + <p> + There fell in this battle about four thousand of the vanquished; and among + these the duke of Norfolk, Lord Ferrars of Chartley, Sir Richard + Ratcliffe, Sir Robert Piercy, and Sir Robert Brackenbury. The loss was + inconsiderable on the side of the victors. Sir William Catesby, a great + instrument of Richard's crimes, was taken, and soon after beheaded, with + some others, at Leicester. The body of Richard was found in the field, + covered with dead enemies, and all besmeared with blood: it was thrown + carelessly across a horse; was carried to Leicester amidst the shouts of + the insulting spectators; and was interred in the Gray Friars' church of + that place. + </p> + <p> + The historians who favor Richard (for even this tyrant has met with + partisans among the later writers) maintain, that he was well qualified + for government, had he legally obtained it; and that he committed no + crimes but such as were necessary to procure him possession of the crown: + but this is a poor apology, when it is confessed, that he was ready to + commit the most horrid crimes which appeared necessary for that purpose; + and it is certain, that all his courage and capacity, qualities in which + he really seems not to have been deficient, would never have made + compensation to the people for the danger of the precedent, and for the + contagious example of vice and murder exalted upon the throne. This prince + was of a small stature, humpbacked, and had a harsh, disagreeable + countenance; so that his body was in every particular no less deformed + than his mind. + </p> + <hr /> + <p> + Thus have we pursued the history of England through a series of many + barbarous ages, till we have at last reached the dawn of civility and + science, and have the prospect, both of greater certainty in our + historical narrations, and of being able to present to the reader a + spectacle more worthy of his attention. The want of certainty, however, + and of circumstances, is not unlike to be complained of throughout every + period of this long narration. This island possesses many ancient + historians of good credit, as well as many historical monuments; and it is + rare, that the annals of so uncultivated a people as were the English, as + well as the other European nations after the decline of Roman learning, + have been transmitted to posterity so complete, and with so little mixture + of falsehood and of fable. This advantage we owe entirely to the clergy of + the church of Rome; who, founding their authority on their superior + knowledge, preserved the precious literature of antiquity from a total + extinction;[*] <a href="#linknote-21" name="linknoteref-21" + id="linknoteref-21">21</a> and, under shelter of their numerous privileges + and immunities, acquired a security by means of the superstition, which + they would in vain have claimed from the justice and humanity of those + turbulent and licentious ages. + </p> +<pre xml:space="preserve"> + * See note U, at the end of the volume +</pre> + <p> + Nor is the spectacle altogether unentertaining and uninstructive, which + the history of those times presents to us. The view of human manners, in + all their variety of appearances, is both profitable and agreeable; and if + the aspect in some periods seem horrid and deformed, we may thence learn + to cherish with the greater anxiety that science and civility, which has + so close a connection with virtue and humanity, and which, as it is a + sovereign antidote against superstition, is also the most effectual remedy + against vice and disorders of every kind. + </p> + <p> + The rise, progress, perfection, and decline of art and science, are + curious objects of contemplation, and intimately connected with a + narration of civil transactions. The events of no particular period can be + fully accounted for, but by considering the degrees of advancement which + men have reached in those particulars. + </p> + <p> + Those who cast their eye on the general revolutions of society, will find + that, as almost all improvements of the human mind had reached nearly to + their state of perfection about the age of Augustus, there was a sensible + decline from that point or period; and men thenceforth relapsed gradually + into ignorance and barbarism. The unlimited extent of the Roman empire, + and the consequent despotism of its monarchs, extinguished all emulation, + debased the generous spirits of men, and depressed that noble flame by + which all the refined arts must be cherished and enlivened. The military + government, which soon succeeded, rendered even the lives and properties + of men insecure and precarious; and proved destructive to those vulgar and + more necessary arts of agriculture, manufactures, and commerce; and, in + the end, to the military art and genius itself, by which alone the immense + fabric of the empire could be supported. The irruption of the barbarous + nations which soon followed, overwhelmed all human knowledge, which was + already far in its decline; and men sunk every age deeper into ignorance, + stupidity, and superstition; till the light of ancient science and history + had very nearly suffered a total extinction in all the European nations. + </p> + <p> + But there is a point of depression, as well as of exaltation, from which + human affairs naturally return in a contrary direction, and beyond which + they seldom pass either in their advancement or decline. The period in + which the people of Christendom were the lowest sunk in ignorance, and + consequently in disorders of every kind, may justly be fixed at the + eleventh century, about the age of William the Conqueror; and from that + era the sun of science, beginning to reascend, threw out many gleams of + light, which preceded the full morning when letters were revived in the + fifteenth century. The Danes and other northern people, who had so long + infested all the coasts, and even the island parts of Europe, by their + depredations, having now learned the arts of tillage and agriculture, + found a certain subsistence at home, and were no longer tempted to desert + their industry, in order to seek a precarious livelihood by rapine and by + the plunder of their neighbors. The feudal governments also, among the + more southern nations, were reduced to a kind of system; and though that + strange species of civil polity was ill fitted to insure either liberty or + tranquillity, it was preferable to the universal license and disorder + which had every where preceded it. But perhaps there was no event which + tended further to the improvement of the age, than one which has not been + much remarked, the accidental finding of a copy of Justinian's Pandects, + about the year 1130, in the town of Amalfi, in Italy. + </p> + <p> + The ecclesiastics, who had leisure, and some inclination to study, + immediately adopted with zeal this excellent system of jurisprudence, and + spread the knowledge of it throughout every part of Europe. Besides the + intrinsic merit of the performance, it was recommended to them by its + original connection with the imperial city of Rome, which, being the seat + of their religion, seemed to acquire a new lustre and authority by the + diffusion of its laws over the western world. In less than ten years after + the discovery of the Pandects, Vacarius, under the protection of Theobald, + archbishop of Canterbury, read public lectures of civil law in the + university of Oxford; and the clergy every where, by their example as well + as exhortation, were the means of diffusing the highest esteem for this + new science. That order of men, having large possessions to defend, was in + a manner necessitated to turn their studies towards the law; and their + properties being often endangered by the violence of the princes and + barons, it became their interest to enforce the observance of general and + equitable rules, from which alone they could receive protection. As they + possessed all the knowledge of the age, and were alone acquainted with the + habits of thinking, the practice as well as science of the law fell mostly + into their hands: and though the close connection which, without any + necessity, they formed between the canon and civil law, begat a jealousy + in the laity of England, and prevented the Roman jurisprudence from + becoming the municipal law of the country, as was the case in many states + of Europe, a great part of it was secretly transferred into the practice + of the courts of justice, and the imitation of their neighbors made the + English gradually endeavor to raise their own law from its original state + of rudeness and imperfection. + </p> + <p> + It is easy to see what advantages Europe must have reaped by its + inheriting at once from the ancients so complete an art, which was also so + necessary for giving security to all other arts, and which by refining, + and still more by bestowing solidity on the judgment, served as a model to + further improvements. The sensible utility of the Roman law, both to + public and private interest, recommended the study of it, at a time when + the more exalted and speculative sciences carried no charms with them; and + thus the last branch of ancient literature which remained uncorrupted, was + happily the first transmitted to the modern world. For it is remarkable, + that in the decline of Roman learning, when the philosophers were + universally infected with superstition and sophistry, and the poets and + historians with barbarism, the lawyers, who in other countries are seldom + models of science or politeness, were yet able, by the constant study and + close imitation of their predecessors, to maintain the same good sense in + their decisions and reasonings, and the same purity in their language and + expression. + </p> + <p> + What bestowed an additional merit on the civil law, was the extreme + imperfection of that jurisprudence which preceded it among all the + European nations, especially among the Saxons or ancient English. The + absurdities which prevailed at that time in the administration of justice, + may be conceived from the authentic monuments which remain of the ancient + Saxon laws; where a pecuniary commutation was received for every crime, + where stated prices were fixed for men's lives and members, where private + revenges were authorized for all injuries, where the use of the ordeal, + corsnet, and afterwards of the duel, was the received method of proof, and + where the judges were rustic freeholders, assembled of a sudden, and + deciding a cause from one debate or altercation of the parties. Such a + state of society was very little advanced beyond the rude state of nature: + violence universally prevailed, instead of general and equitable maxims: + the pretended liberty of the times was only an incapacity of submitting to + government: and men, not protected by law in their lives and properties, + sought shelter, by their personal servitude and attachments, under some + powerful chieftain, or by voluntary combinations. + </p> + <p> + The gradual progress of improvement raised the Europeans somewhat above + this uncultivated state; and affairs, in this island particularly, took + early a turn which was more favorable to justice and to liberty. Civil + employments and occupations soon became honorable among the English: the + situation of that people rendered not the perpetual attention to wars so + necessary as among their neighbors, and all regard was not confined to the + military profession: the gentry, and even the nobility, began to deem an + acquaintance with the law a necessary part of education: they were less + diverted than afterwards from studies of this kind by other sciences; and + in the age of Henry VI., as we are told by Fortescue, there were in the + inns of court about two thousand students, most of them men of honorable + birth, who gave application to this branch of civil knowledge: a + circumstance which proves, that a considerable progress was already made + in the science of government, and which prognosticated a still greater. + </p> + <p> + One chief advantage which resulted from the introduction and progress of + the arts, was the introduction and progress of freedom; and this + consequence affected men both in their personal and civil capacities. + </p> + <p> + If we consider the ancient state of Europe, we shall find, that the far + greater part of the society were every where bereaved of their personal + liberty, and lived entirely at the will of their masters. Every one that + was not noble, was a slave: the peasants were sold along with the land: + the few inhabitants of cities were not in a better condition: even the + gentry themselves were subjected to a long train of subordination under + the greater barons or chief vassals of the crown; who, though seemingly + placed in a high state of splendor, yet, having but a slender protection + from law, were exposed to every tempest of the state, and, by the + precarious condition in which they lived, paid dearly for the power of + oppressing and tyrannizing over their inferiors. The first incident which + broke in upon this violent system of government, was the practice, begun + in Italy, and imitated in France, of erecting communities and + corporations, endowed with privileges and a separate municipal government, + which gave them protection against the tyranny of the barons, and which + the prince himself deemed it prudent to respect.[*] + </p> +<pre xml:space="preserve"> + * There appear early symptoms of the jealousy entertained by + the barons against the progress of the arts, as destructive + of their licentious power. A law was enacted, 7 Kenry IV. + chap. 17, prohibiting any one who did not possess twenty + shillings a year in land from binding his sons apprentices + to any trade. They found already that the cities began to + drain the country of the laborers and husbandmen: and did + not foresee how much the increase of commerce would increase + the value of their estates. See further, Cotton, p. 179. The + kings, to encourage the boroughs, granted them this + privilege, that any villein who had lived a twelvemonth in + any corporation, and had been of the guild, should be + thenceforth regarded as free. +</pre> + <p> + The relaxation of the feudal tenures, and an execution somewhat stricter + of the public law, bestowed an independence on vassals which was unknown + to their forefathers. And even the peasants themselves, though later than + other orders of the state, made their escape from those bonds of villenage + or slavery in which they had formerly been retained. + </p> + <p> + It may appear strange that the progress of the arts, which seems, among + the Greeks and Romans, to have daily increased the number of slaves, + should, in later times, have proved so general a source of liberty; but + this difference in the events proceeded from a great difference in the + circumstances which attended those institutions. The ancient barons, + obliged to maintain themselves continually in a military posture, and + little emulous of elegance or splendor, employed not their villains as + domestic servants, much less as manufacturers; but composed their retinue + of freemen, whose military spirit rendered the chieftain formidable to his + neighbors, and who were ready to attend him in every warlike enterprise. + The villains were entirely occupied in the cultivation of their master's + land, and paid their rents either in corn and cattle, and other produce of + the farm, or in servile offices, which they performed about the baron's + family, and upon the farms which he retained in his own possession. In + proportion as agriculture improved and money increased, it was found that + these services, though extremely burdensome to the villain, were of little + advantage to the master; and that the produce of a large estate could be + much more conveniently disposed of by the peasants themselves, who raised + it, than by the landlord or his bailiff, who were formerly accustomed to + receive it. A commutation was therefore made of rents for services, and of + money-rents for those in kind; and as men, in a subsequent age, discovered + that farms were better cultivated where the farmer enjoyed a security in + his possession, the practice of granting leases to the peasant began to + prevail, which entirely broke the bonds of servitude, already much relaxed + from the former practices. After this manner villenage went gradually into + disuse throughout the more civilized parts of Europe: the interest of the + master, as well as that of the slave, concurred in this alteration. The + latest laws which we find in England for enforcing or regulating this + species of servitude, were enacted in the reign of Henry VII. And though + the ancient statutes on this subject remain still unrepealed by + parliament, it appears that before the end of Elizabeth, the distinction + of villain and freeman was totally, though insensibly abolished, and that + no person remained in the state, to whom the former laws could be applied. + </p> + <p> + Thus personal freedom became almost general in Europe; an advantage which + paved the way for the increase of political or civil liberty, and which, + even where it was not attended with this salutary effect, served to give + the members of the community some of the most considerable advantages of + it. + </p> + <p> + The constitution of the English government, ever since the invasion of + this island by the Saxons, may boast of this pre-eminence, that in no age + the will of the monarch was ever entirely absolute and uncontrolled; but + in other respects the balance of power has extremely shifted among the + several orders of the state; and this fabric has experienced the same + mutability that has attended all human institutions. + </p> + <p> + The ancient Saxons, like the other German nations, where each individual + was inured to arms, and where the independence of men was secured by a + great equality of possessions, seem to have admitted a considerable + mixture of democracy into their form of government, and to have been one + of the freest nations of which there remains any account in the records of + history. After this tribe was settled in England, especially after the + dissolution of the heptarchy, the great extent of the kingdom produced a + great inequality in property; and the balance seems to have inclined to + the side of aristocracy. The Norman conquest threw more authority into the + hands of the sovereign, which, however, admitted of great control; though + derived less from the general forms of the constitution, which were + inaccurate and irregular, than from the independent power enjoyed by each + baron in his particular district or province. The establishment of the + Great Charter exalted still higher the aristocracy, imposed regular limits + on royal power, and gradually introduced some mixture of democracy into + the constitution. But even during this period, from the accession of + Edward I. to the death of Richard III., the condition of the commons was + nowise eligible: a kind of Polish aristocracy prevailed; and though the + kings were limited, the people were as yet far from being free. It + required the authority almost absolute of the sovereigns, which took place + in the subsequent period, to pull down those disorderly and licentious + tyrants, who were equally averse from peace and from freedom, and to + establish that regular execution of the laws, which, in a following age, + enabled the people to erect a regular and equitable plan of liberty. In + each of these successive alterations, the only rule of government which is + intelligible, or carries any authority with it, is the established + practice of the age, and the maxims of administration which are at that + time prevalent and universally assented to. Those who, from a pretended + respect to antiquity, appeal at every turn to an original plan of the + constitution, only cover their turbulent spirit and their private ambition + under the appearance of venerable forms; and whatever period they pitch on + for their model, they may still be carried back to a more ancient period, + where they will find the measures of power entirely different, and where + every circumstance, by reason of the greater barbarity of the times, will + appear still less worthy of imitation. Above all, a civilized nation like + the English, who have happily established the most perfect and most + accurate system of liberty that was ever found compatible with government, + ought to be cautious in appealing to the practice of their ancestors, or + regarding the maxims of uncultivated ages as certain rules for their + present conduct. An acquaintance with the ancient periods of their + government is chiefly <i>useful</i>, by instructing them to cherish their + present constitution, from a comparison or contrast with the condition of + those distant times. And it is also <i>curious</i>, by showing them the + remote, and commonly faint and disfigured originals of the most finished + and most noble institutions, and by instructing them in the great mixture + of accident, which commonly concurs with a small ingredient of wisdom and + foresight, in erecting the complicated fabric of the most perfect + government. + </p> + <p> + <a name="link2H_NOTE" id="link2H_NOTE"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + NOTES. + </h2> + <p> + <a name="linknote-1" id="linknote-1"> + <!-- Note --></a> + </p> + <p class="foot"> + 1 (<a href="#linknoteref-1">return</a>)<br /> [ NOTE A, p. 86. Rymer, vol. + ii. p. 26, 845. There cannot be the least question, that the homage + usually paid by the kings of Scotland was not for their crown, but for + some other territory. The only question remains, what that territory was. + It was not always for the earldom of Huntingdon, nor the honor of Penryth; + because we find it sometimes done at a time when these possessions were + not in the hands of the kings of Scotland. It is probable that the homage + was performed in general terms, without any particular specification of + territory; and this inaccuracy had proceeded either from some dispute + between the two kings about the territory and some opposite claims, which + were compromised by the general homage, or from the simplicity of the age, + which employed few words in every transaction. To prove this, we need but + look into the letter of King Richard, where he resigns the homage of + Scotland, reserving the usual homage. His words are, "Sæpedictus W. Rex + ligius homo noster deveniat de omnibus terris de quibus antecessores sui + antecessorum nostrorum ligii homines fuerunt, et nobis atque hæredibus + nostris fidelitatem jurarunt." Rymer, vol. i. p. 65. These general terms + were probably copied from the usual form of the homage itself. <br /><br /> + It is no proof that the kings of Scotland possessed no lands or baronies + in England, because we cannot find them in the imperfect histories and + records of that age. For instance, it clearly appears from another passage + of this very letter of Richard, that the Scottish king held lands both in + the county of Huntingdon and elsewhere in England; though the earldom of + Huntingdon itself was then in the person of his brother David; and we know + at present of no other baronies which William held. It cannot be expected + that we should now be able to specify all his fees which he either + possessed or claimed in England; when it is probable that the two monarchs + themselves and their ministers would at that very time have differed in + the list: the Scottish king might possess some to which his right was + disputed; he might claim others which he did not possess; and neither of + the two kings was willing to resign his pretensions by a particular + enumeration. <br /><br /> A late author of great industry and learning, but + full of prejudices, and of no penetration, Mr. Carte, has taken advantage + of the undefined terms of the Scotch homage, and has pretended that it was + done for Lothian and Galloway: that is, all the territories of the country + now called Scotland, lying south of the Clyde and Forth. But to refute + this pretension at once, we need only consider, that if these territories + were held in fee of the English kings, there would, by the nature of the + feudal law as established in England, have been continual appeals from + them to the courts of the lord paramount; contrary to all the histories + and records of that age. We find that, as soon as Edward really + established his superiority, appeals immediately commenced from all parts + of Scotland: and that king, in his writ to the king's bench, considers + them as a necessary consequence of the feudal tenure. Such large + territories also would have supplied a considerable part of the English + armies, which never could have escaped all the historians. Not to mention + that there is not any instance of a Scotch prisoner of war being tried as + a rebel, in the frequent hostilities between the kingdoms, where the + Scottish armies were chiefly filled from the southern counties. <br /><br /> + Mr. Carte's notion with regard to Galloway, which comprehends, in the + language of that age, or rather in that of the preceding, most of the + south-west counties of Scotland; his notion, I say, rests on so slight a + foundation, that it scarcely merits being refuted. He will have it, (and + merely because he will have it,) that the Cumberland, yielded by King + Edmund to Malcolm I., meant not only the county in England of that name, + but all the territory northwards to the Clyde. But the case of Lothian + deserves some more consideration. <br /><br /> It is certain that, in very + ancient language, Scotland means only the country north of the Friths of + Clyde and Forth. I shall not make a parade of literature to prove it; + because I do not find that this point is disputed by the Scots themselves. + The southern country was divided into Galloway and Lothian; and the latter + comprehended all the south-east counties. This territory was certainly a + part of the ancient kingdom of Northumberland, and was entirely peopled by + Saxons, who afterwards received a great mixture of Danes among them. It + appears from all the English histories, that the whole kingdom of + Northumberland paid very little obedience to the Anglo-Saxon monarchs, who + governed after the dissolution of the heptarchy; and the northern and + remote parts of it seem to have fallen into a kind of anarchy, sometimes + pillaged by the Danes, sometimes joining them in their ravages upon other + parts of England. The kings of Scotland, lying nearer them, took at last + possession of the country, which had scarcely any government; and we are + told by Matthew of Westminster, (p. 193,) that King Edgar made a grant of + the territory to Kenneth III.; that is, he resigned claims which he could + not make effectual, without bestowing on them more trouble and expense + than they were worth: for these are the only grants of provinces made by + kings; and so ambitious and active a prince as Edgar would never have made + presents of any other kind. Though Matthew of Westminster's authority may + appear small with regard to so remote a transaction, yet we may admit it + in this case, because Ordericus Vitalis, a good authority, tells us, (p. + 701,) that Malcolm acknowledged to William Rufus, that the Conqueror had + confirmed to him the former grant of Lothian. But it follows not, because + Edgar made this species of grant to Kenneth, that therefore he exacted + homage for that territory. Homage, and all the rites of the feudal law, + were very little known among the Saxons; and we may also suppose, that the + gla'n of Edgar was so antiquated and weak, that, in resigning it, he made + no very valuable concession, and Kenneth might well refuse to hold, by so + precarious a tenure, a territory which he at present held by the sword. In + short, no author says he did homage for it. <br /><br /> The only color + indeed of authority for Mr. Carte's notion is, that Matthew Fans, who + wrote in the reign of Henry III., before Edward's claim of superiority was + heard of, says that Alexander III. did homage to Henry III. "pro Laudiano + et aliis terris." See p.555. This word seems naturally to be interpreted + Lothian. But, in the first place, Matthew Paris's testimony, though + considerable, will not outweigh that of all the other historians, who say + that the Scotch homage was always done for lands in England. Secondly, if + the Scotch homage was done in general terms, (as has been already proved,) + it is no wonder that historians should differ in their account of the + object of it, since it is probable the parties themselves were not fully + agreed. Thirdly, there is reason to think that Laudianum in Matthew Paris + does not mean the Lothians, now in Scotland. There appears to have been a + territory which anciently bore that or a similar name in the north of + England. For (1.) the Saxon Chronicle (p.197) says, that Malcolm Kenmure + met William Rufus in Lodene, in England. (2.) It is agreed by all + historians, that Henry II. only reconquered from Scotland the northern + counties of Northumberland, Cumberland, and Westmoreland. See Newbriggs, + p.383. Wykes, p.30. Hemingford, p.492, Yet the same country is called by + other historians Loidis, comitatus Lodonensis, or some such name. See M. + Paris, p.68. M. Westi p.247. Annal. Wayerl. p.159, and Diceto, p.531. (3.) + This last-mentioned author, when he speaks of Lothian in Scotland, calls + it Loheneis, (p.574,) though he had called the English territory Loidis. + <br /><br /> I thought this long note necessary in order to correct Mr. + Carte's mistake, an author whose diligence and industry has given light to + many passages of the more ancient English history.] + </p> + <p> + <a name="linknote-2" id="linknote-2"> + <!-- Note --></a> + </p> + <p class="foot"> + 2 (<a href="#linknoteref-2">return</a>)<br /> [ NOTE B, p.86. Rymer, vol. + ii. p.543. It is remarkable that the English chancellor spoke to the + Scotch parliament in the French tongue. This was also the language + commonly made use of by all parties on that occasion. I bid, passim. Some + of the most considerable among the Scotch, as well as almost all the + English barons, were of French origin: they valued themselves upon it; and + pretended to despise the language and manners of the island. It is + difficult to account for the settlement of so many French families in + Scotland; the Bruces, Baliols, St. Glairs, Montgomeries, Somervilles, + Gordons, Frasers, Cummins; Colvilles, Umfrevilles, Mowbrays, Hays, Maules, + who were not supported there, as in England, by the power of the sword. + But the superiority of the smallest civility and knowledge over total + ignorance and barbarism, is prodigious.] + </p> + <p> + <a name="linknote-3" id="linknote-3"> + <!-- Note --></a> + </p> + <p class="foot"> + 3 (<a href="#linknoteref-3">return</a>)<br /> [ NOTE C, p.91. See Rymer, + vol. ii. p.533, where Edward writes to the king's bench to receive appeals + from Scotland. He knew the practice to be new and unusual; yet he + establishes it as an infallible consequence cf his superiority. We learn + also from the same collection, (p. 603,) that immediately upon receiving + the homage, he changed the style of his address to the Scotch king, whom + he now calk "dilecto et fideli," instead of "fratri dilecto et fideli," + the appellation which he had always before used to him. See p. 109, 124, + 168, 280, 1064. This is a certain proof that he himself was not deceived, + as was scarcely indeed possible, but that he was conscious of his + usurpation. Yet he solemnly swore afterwards to the justice of his + pretensions, when he defended them before Pope Boniface.] + </p> + <p> + <a name="linknote-4" id="linknote-4"> + <!-- Note --></a> + </p> + <p class="foot"> + 4 (<a href="#linknoteref-4">return</a>)<br /> [ NOTE D, p. 104. Throughout + the reign of Edward I., the assent of the commons is not once expressed in + any of the enacting clauses; nor in the reigns ensuing, till the 9 Edward + III., nor in any of the enacting clauses of 16 Richard II. Nay, even so + low as Henry VI., from the beginning till the eighth of his reign, the + assent of the commons is not once expressed in any enacting clause. See + preface to Ruffhead's edit, of the Statutes, p. 7. If it should be + asserted, that the commons had really given their assent to these + statutes, though they are not expressly mentioned, this very omission, + proceeding, if you will, from carelessness, is a proof how little they + were respected. The commons were so little accustomed to transact public + business, that they had no speaker till after the parliament 6 Edward III. + See Prynne's preface to Cotton's Abridg.: not till the first of Richard + II. in the opinion of most antiquaries. The commons were very unwilling to + meddle in any state affairs, and commonly either referred themselves to + the lords, or desired a select committee of that house to assist them, as + appears from Cotton. 5 Edw. III. n. 5; 15 Edw. III. a. 17; 21 Edw. III. n. + 5; 47 Edw. III. n. 5; 50 Edw. III. n. 10; 51 Edw. III. n. 18; 1 Rich. II. + n. 12; 2 Rich. II. n. 12; 5 Rich. II. n 14; 2 parl. 6 Rich. II. n. 14; + parl. 2, 6 Rich. II. n. 8, etc.] + </p> + <p> + <a name="linknote-5" id="linknote-5"> + <!-- Note --></a> + </p> + <p class="foot"> + 5 (<a href="#linknoteref-5">return</a>)<br /> [ NOTE E, p. 105. It was very + agreeable to the maxims of all the feudal governments, that every order of + the state should give their consent to the acts which more immediately + concerned them; and as the notion of a political system was not then so + well understood, the other orders of the state were often not consulted on + these occasions. In this reign, even the merchants, though no public body, + granted the king impositions on merchandise, because the first payments + came out of their pockets. They did the same in the reign of Edward III.; + but the commons had then observed that the people paid these duties, + though the merchants advanced them; and they therefore remonstrated + against this practice. Cotton's Abridg. p. 39. The taxes imposed by the + knights on the counties were always lighter than those which the burgesses + laid on the boroughs; a presumption, that in voting those taxes the + knights and burgesses did not form the same house. See Chancellor West's + Inquiry into the Manner of creating Peers, p. 8. But there are so many + proofs, that those two orders of representative were long separate, that + it is needless to insist on them. Mr. Carte, who had carefully consulted + the rolls of parliament, affirms, that they never appear to have been + united till the sixteenth of Edward III. See Hist. vol. ii. p,451. But it + is certain that this union was not even then final: in 1372, the burgesses + acted by themselves, and voted a tax after the knights were dismissed. See + Tyrrel, Hist, vol. iii. p. 754, from Rot. Claus. 46 Edward III. n. 9. In + 1376, they were the knights alone who passed a vote for the removal of + Alice Pierce from the king's person, if we may credit Walsingham, p. 189. + There is an instance of a like kind in the reign of Richard II. Cotton, + p.193. The different taxes voted by those two branches of the lower house, + naturally kept them separate; but as their petitions had mostly the same + object, namely, the redress of grievances, and the support of law and + justice both against the crown and the barons, this cause as naturally + united them, and was the reason why they at last joined in one house for + the despatch of business. The barons had few petitions. Their privileges + were of more ancient date. Grievances seldom affected them: they were + themselves the chief oppressors. In 1333, the knights by themselves + concurred with the bishops and barons in advising the king to stay his + journey into Ireland. Here was a petition which regarded a matter of + state, and was supposed to be above the capacity of the burgesses. The + knights, therefore, acted apart in this petition. See Cotton, Abridg. p. + 13. Chief baron Gilbert thinks, that the reason why taxes always began + with the commons or burgesses was, that they were limited by the + instructions of their boroughs. See Hist, of the Exchequer, p. 37.] + </p> + <p> + <a name="linknote-6" id="linknote-6"> + <!-- Note --></a> + </p> + <p class="foot"> + 6 (<a href="#linknoteref-6">return</a>)<br /> [ NOTE F, p. 105. The chief + argument from ancient authority, for the opinion that the representatives + of boroughs preceded the forty-ninth of Henry in., is the famous petition + of the borough of St. Albans, first taken notice of by Selden, and then by + Petyt, Brady, Tyrrel, and others. In this petition, presented to the + parliament in the reign of Edward II., take town of St. Albans asserts, + that though they held "in capite" of the crown, and owed only, for all + other service, their attendance in parliament, yet the sheriff had omitted + them in his writs; whereas, both in the reign of the king's father, and + all his predecessors, they had always sent members. Now, say the defenders + of this opinion, if the commencement of the house of commons were in Henry + III.' reign, this expression could not have been used. But Hadox, in his + History of the Exchequer, (p. 522, 523, 524,) has endeavored, and with + great reason, to destroy the authority of this petition for the purpose + alleged. He asserts, first, that there was no such tenure in England is + that of holding by attendance in parliament, instead of all other service. + Secondly, that the borough of St. Albans never held of take crown at all, + but was always demesne land of the abbot. It is no wonder, therefore, that + a petition which advances two falsehoods, should contain one historical + mistake, which indeed amounts only to an inaccurate and exaggerated + expression; no strange matter in ignorant burgesses of that age. + Accordingly, St. Albans continued still to belong to the abbot. It never + held of the crown, call after the dissolution of the monasteries. But the + assurance of these petition *ers is remarkable. They wanted to shake off + the authority of their abbot, and to hold of the king; but were unwilling + to pay any services even to the crown; upon which they framed this idle + petition, which later writers have made the foundation of so many + inferences and conclusions. From the tenor of the petition it appears, + that there was a close connection between holding of the crown and being + represented in parliament. The latter had scarcely ever place without the + former; yet we learn from Tyrell's Append. vol. iv. that there were some + instances to the contrary. It is not improbable that Edward followed the + roll of the earl of Leicester, who had summoned, without distinction, all + the considerable boroughs of the kingdom; among which there might be some + few that did not hold of the crown. Edward also found it necessary to + impose taxes on all the boroughs in the kingdom, without distinction. This + was a good expedient for augmenting his revenue. We are not to imagine, + because the house of commons have since become of great importance, that + the first summoning of them would form any remarkable and striking epoch, + and be generally known to the people even seventy or eighty years after. + So ignorant were the generality of men in that age, that country burgesses + would readily imagine an innovation, seemingly so little material, to have + existed from time immemorial, because it was beyond their own memory, and + perhaps that of their fathers. Even the parliament in the reign of Henry + V. say, that Ireland had, from the beginning of time, been subject to the + crown of England. (See Brady.) And surely if any thing interests the + people above all others, it is war and conquests, with their dates and + circumstances] + </p> + <p> + <a name="linknote-7" id="linknote-7"> + <!-- Note --></a> + </p> + <p class="foot"> + 7 (<a href="#linknoteref-7">return</a>)<br /> [ NOTE G, p. 233. This story + of the six burgesses of Calais, like all other extraordinary stories, is + somewhat to be suspected; and so much the more as Avesbury, (p. 167,) who + is particular in his narration of the surrender of Calais, says nothing of + it; and, on the contrary, extols in general the king's generosity and + lenity to the inhabitants. The numberless mistakes of Froissard, + proceeding either from negligence, credulity, or love of the marvellous, + invalidate very much his testimony, even though he was a contemporary, and + though his history was dedicated to Queen Philippa herself. It is a + mistake to imagine, that the patrons of dedications read the books, much + less vouch for all the contents of them. It is not a slight testimony that + should make us give credit to a story so dishonorable to Edward, + especially after that proof of his humanity, in allowing a free passage to + all the women, children, and infirm people, at the beginning of the siege: + at least, it is scarcely to be believed, that, if the story has any + foundation, he seriously meant to execute his menaces against the six + townsmen of Calais.] + </p> + <p> + <a name="linknote-8" id="linknote-8"> + <!-- Note --></a> + </p> + <p class="foot"> + 8 (<a href="#linknoteref-8">return</a>)<br /> [ NOTE H, p. 236. There was a + singular instance, About this time, of the prevalence of chivalry and + gallantry in the nations of Europe. A solemn duel of thirty knights + against thirty was fought between Bembrwigh, as Englishman, and + Beaumanoir, a Breton, of the party of Charles of Blois, The knights of the + two nations came into the field; and before the combat began, Beaumanoir + called out, that it would be seen that day who had the fairest mistresses. + After a bloody combat, the Bretons prevailed; and gained for their prize, + full liberty to boast of their mistresses' beauty. It is remarkable, that + two such famous generals as Sir Robert Knolles and Sir Hugh Calverley drew + their swords in this ridiculous contest. See Pere Daniel, vol. ii. p.536, + 537, etc. The women not only instigated the champions to those rough, if + not bloody frays of tournament, but also frequented the tournaments during + all the reign of Edward, whose spirit of gallantry encouraged this + practice. See Knyghton, p. 2597.] + </p> + <p> + <a name="linknote-9" id="linknote-9"> + <!-- Note --></a> + </p> + <p class="foot"> + 9 (<a href="#linknoteref-9">return</a>)<br /> [ NOTE I, p. 253. This is a + prodigious sum, and probably near the half of what the king received from + the parliament during the whole course of his reign. It must be remarked, + that a tenth and fifteenth (which was always thought a high grant) were, + in the eighth year of this reign, fixed at about twenty-nine thousand + pounds; there were said to be near thirty thousand sacks of wool exported + every year. A sack of wool was at a medium sold for five pounds. Upon + these suppositions it would be easy to compute all the parliamentary + grants, taking the list as they stand in Tyrrel, vol. iii. p. 780; though + somewhat must still be left to conjecture. This king levied more money on + his subjects than any of his predecessors; and the parliament frequently + complain of the poverty of the people, and the oppressions under which + they labored. But it is to be remarked, that a third of the French king's + ransom was yet unpaid when war broke out anew between the two crowns. His + son chose rather to employ his money in combating the English, than in + enriching them. See Rymer, vol. viii. p. 315.] + </p> + <p> + <a name="linknote-11" id="linknote-11"> + <!-- Note --></a> + </p> + <p class="foot"> + 11 (<a href="#linknoteref-11">return</a>)<br /> [ NOTE K, p. 281. In the + fifth year of the king, the commons complained of the government about the + king's person, his court, the excessive number of his servants, of the + abuses in the chancery, king's bench, common pleas, exchequer, and of + grievous oppressions in the country, by the great multitudes of + maintainers of quarrels, (men linked in confederacies together,) who + behaved themselves like kings in the country, so as there was very little + law or right, and of other things which they said were the cause of the + late commotions under Wat Tyler. Parl. Hist. vol. i. p. 365. This + irregular government, which no king and no house of commons had been able + to remedy, was the source of the licentiousness of the great, and + turbulency of the people, as well as tyranny of the princes. If subjects + would enjoy liberty, and kings security, the laws must be executed. <br /><br /> + In the ninth of this reign, also the commons discovered an accuracy and a + jealousy of liberty, which we should little expect in those rude times. + "It was agreed by parliament," says Cotton, (p.309), "that the subsidy of + wools, woolfels, and skins, granted to the king until the time of + midsummer then ensuing, should cease from the same time unto the feast of + St. Peter 'ad vincula' for that thereby the king should be interrupted for + claiming such grant as due." See also Cotton, p. 198.] + </p> + <p> + <a name="linknote-12" id="linknote-12"> + <!-- Note --></a> + </p> + <p class="foot"> + 12 (<a href="#linknoteref-12">return</a>)<br /> [ NOTE L, p. 290. Knyghton, + p. 2715, etc. The same author (p. 2680) tells us, that the king, in return + to the message, said, that he would not for their desire remove the + meanest scullion from his kitchen. This author also tells us, that the + king said to the commissioners, when they harangued him, that he saw his + subjects were rebellious, and his best way would be to call in the king of + France to his aid. But it is plain that all these speeches were either + intended by Knyghton merely as an ornament to his history, or are false. + For (1.) when the five lords accuse the king's ministers in the next + parliament, and impute to them every rash action of the king, they speak + nothing of these replies, which are so obnoxious, were so recent, and are + pretended to have been so public. (2.) The king, so far from having any + connections at that time with France, was threatened with a dangerous + invasion from that kingdom. This story seems to have been taken from the + reproaches afterwards thrown out against him, and to have been transferred + by the historian to this time, to which they cannot be applied.] + </p> + <p> + <a name="linknote-13" id="linknote-13"> + <!-- Note --></a> + </p> + <p class="foot"> + 13 (<a href="#linknoteref-13">return</a>)<br /> [ NOTE M, p. 295. We must + except the twelfth article, which accuses Brembre of having cut off the + heads of twenty-two prisoners confined for felony or debt, without warrant + or process of law; but as it is not conceivable what interest Brembre + could have to treat these felons and debtors in such a manner, we may + presume that the fact is either false or misrepresented. It was in these + men's power to say any thing against the persons accused. No defence or + apology was admitted; all was lawless will and pleasure. <br /><br /> They + are also accused of designs to murder the lords; but these accusations + either are general, or destroy one another. Sometimes, as in article + fifteenth, they intend to murder them by means of the mayor and city of + London; sometimes, as in article twenty-eighth, by trial and false + inquests; sometimes, as in article twenty-eighth, by means of the king of + France, who was to receive Calais for his pains.] + </p> + <p> + <a name="linknote-14" id="linknote-14"> + <!-- Note --></a> + </p> + <p class="foot"> + 14 (<a href="#linknoteref-14">return</a>)<br /> [ NOTE N, p. 296. In + general, the parliament, in those days, never paid a proper regard to + Edward's statute of treasons, though one of the most advantageous laws for + the subject that has ever been enacted. In the seventeenth of the king, + the dukes of Lancaster and Glocester complain to Richard, that Sir Thomas + Talbot, with others of his adherents conspired the death of the said dukes + in divers parts of Cheshire, as the same was confessed and well known; and + praying that the parliament may judge of the fault. Whereupon the king and + the lords in the parliament judged the same fact to be open and high + treason; and hereupon they award two writs, the one to the sheriff of + York, and the other to the sheriffs of Derby, to take the body of the said + Sir Thomas, returnable in the king's bench in the month of Easter then + ensuing. And open proclamation was made in Westminster Hall, that upon the + sheriffs return, and at the next coming in of the said Sir Thomas, the + said Thomas should be convicted of treason, and incur the loss and pain of + the same; and all such as should receive him after the proclamation should + incur the same loss and pain. Cotton, p. 354. It is to be observed, that + this extraordinary judgment was passed in a time of tranquillity. Though + the statute itself of Edward III. reserves a power to the parliament to + declare any new species of treason, it is not to be supposed that this + power was reserved to the house of lords alone, or that men were to be + judged by a law "ex post facto." At least, if such be the meaning of the + clause, it may be affirmed, that men were at that time very ignorant of + the first principles of law and justice.] + </p> + <p> + <a name="linknote-15" id="linknote-15"> + <!-- Note --></a> + </p> + <p class="foot"> + 15 (<a href="#linknoteref-15">return</a>)<br /> [ NOTE O, p. 301. In the + preceding parliament, the commons had shown a disposition very complaisant + to the king; yet there happened an incident in their proceedings which is + curious, and shows us the state of the house during that period. The + members were either country gentlemen or merchants, who were assembled for + a few days, and were entirely unacquainted with business; so that it was + easy to lead them astray, and draw them into votes and resolutions very + different from their intention. Some petitions concerning the state of the + nation were voted: in which, among other things, the house recommended + frugality to the king; and for that purpose desired that the court should + not be so much frequented as formerly by bishops and ladies. The king was + displeased with this freedom; the commons very humbly craved pardon. He + was not satisfied unless they would name the mover of the petitions. It + happened to be one Haxey, whom the parliament, in order to make atonement, + condemned for this offence to die the death of a traitor. But the king, at + the desire of the archbishop of Canterbury and the prelates, pardoned him. + When a parliament in those times, not agitated by any faction, and being + at entire freedom, could be guilty of such monstrous extravagance, it is + easy to judge what might be expected from them in more trying situations. + See Cotton's Abridg. p. 361, 362.] + </p> + <p> + <a name="linknote-16" id="linknote-16"> + <!-- Note --></a> + </p> + <p class="foot"> + 16 (<a href="#linknoteref-16">return</a>)<br /> [ NOTE P, p. 312. To show + how little credit is to be given to this charge against Richard, we may + observe, that a law in the 13th Edward III. had been enacted against the + continuance of sheriffs for more than one year. But the inconvenience of + changes having afterwards appeared, from experience, the commons, in the + twentieth of this king, applied; by petition, that the sheriffs might be + continued; though that petition had not been enacted into a statute, by + reason of other disagreeable circumstances which attended it. See Cotton, + p. 361. It was certainly a very moderate exercise of the dispensing power + in the king to continue the sheriffs, after he found that that practice + would be acceptable to his subjects, and had been applied for by one house + of parliament; yet is this made an article of charge against him by the + present parliament. See article 18. Walsingham, speaking of a period early + in Richard's minority, says, "But what do acts of parliament signify, + when, after they are made, they take no effect, since the king, by the + advice of the privy council, takes upon him to alter, or wholly set aside, + all those things which by general consent had been ordained in + parliament?" If Richard, therefore, exercised the dispensing power, he was + warranted by the examples of his uncles and grandfather, and indeed of all + his predecessors from the time of Henry III., inclusive.] + </p> + <p> + <a name="linknote-17" id="linknote-17"> + <!-- Note --></a> + </p> + <p class="foot"> + 17 (<a href="#linknoteref-17">return</a>)<br /> [ NOTE Q, p. 318. The + following passage in Cotton's Abridgment (p. 196) shows a strange + prejudice against the church and churchmen. "The commons afterwards coming + into the parliament, and making their protestation, showed, that for want + of good redress about the king's person in his household, in all his + courts, touching maintainers in every county, and purveyors, the commons + were daily pilled, and nothing defended against the enemy, and that it + should shortly deprive the king and undo the state. Wherefore in the same + government they entirely require redress. Whereupon the king appointed + sundry bishops, lords, and nobles, to sit in privy council about these + matters; who, since that they must begin at the head, and go at the + request of the commons, they, in the presence of the king, charged his + confessor not to come into the court but upon the four principal + festivals." We should little expect that a popish privy council, in order + to preserve the king's morals, should order his confessor to be kept at a + distance from him. This incident happened in the minority of Richard. As + the popes had for a long time resided at Avignon, and the majority of the + sacred college were Frenchmen, this circumstance naturally increased the + aversion of the nation to the papal power; but the prejudice against the + English clergy cannot be accounted for from that cause.] + </p> + <p> + <a name="linknote-18" id="linknote-18"> + <!-- Note --></a> + </p> + <p class="foot"> + 18 (<a href="#linknoteref-18">return</a>)<br /> [ NOTE R, p. 450. That we + may judge how arbitrary a court that of the constable of England was, we + may peruse the patent granted to the earl of Rivers in this reign, as it + is to be found in Spellman's Glossary in verb. Constabularius: as also + more fully in Rymer, vol. xi. p. 581. Here is a clause of it: "Et ulterius + de uberiori gratia nostra eidem comiti de Rivers plenam potestatem damus + ad cognoscendum et procedendum, in omnibus et singulis causis et negotiis, + de et super crimine lesse majestatis, seu super occasione eseterisque + causis quibuscunque per præfatum comitem de Rivers, ut constabularium + Angliæ——quæ in curia constabularii Angliæ ab antique, viz, + tempore dicti domini Gtilielmi Conquætoris, sen aliquo tempore citra, + tractari, audiri examinari, aut decidi consueverant, aut jure debuerant + aut clebeni, causasque et negotia prædicta cum omnibus et singulis + emergentibus, incidentibus et connexis, audiendum, examinandum, et fine + debito terminandum, etiam <i>summarie et de plano, sine strepitu et figura + justitiæ, sola facti veritate inspecta,</i> ac etiam manu regia, si + opportunum visum fuerit eidem comiti de Rivers, vices nostras, + appellatione remots." The office of constable was perpetual in the + monarchy; its jurisdiction was not limited to times of war, as appears + from this patent, and as we learn from Spellman; yet its authority was in + direct contradiction to Magna Charta; and it is evident, that no regular + liberty could subsist with it. It involved a full dictatorial power, + continually subsisting in the state. The only check on the crown, besides + the want of force to support all its prerogatives, was, that the office of + constable was commonly either hereditary or during life, and the person + invested with it was, for that reason, not so proper an instrument of + arbitrary power in the king. Accordingly the office was suppressed by + Henry VIII., the most arbitrary of all the English princes. The practice, + however, of exercising martial law still subsisted; and was not abolished + till the Petition of Right under Charles I. This was the epoch of true + liberty, confirmed by the restoration, and enlarged and secured by the + revolution.] + </p> + <p> + <a name="linknote-19" id="linknote-19"> + <!-- Note --></a> + </p> + <p class="foot"> + 19 (<a href="#linknoteref-19">return</a>)<br /> [ NOTE S, p. 459. We shall + give an instance. Almost all the historians, even Coraines, and the + continuator of the Annals of Croyland, assert that Edward was about this + time taken prisoner by Clarence and Warwick, and was committed to the + custody of the archbishop of York, brother to the earl; but being allowed + to take the diversion of hunting by this prelate, he made his escape, and + afterwards chased the rebels out of the kingdom. But that all the story is + false, appears from Rymer, where we find that the king, throughout all + this period, continually exercised his authority, and never was + interrupted in his government. On the 7th of March, 1470, he gives a + commission of array to Clarence, whom he then imagined a good subject; and + on the 23d of the same month, we find him issuing an order for + apprehending him, Besides, in the king's manifesto against the duke and + earl, (Claus. 10. Edward IV. m. 7, 8,) where he enumerates all their + treasons, he mentions no such fact; he does not so much as accuse them of + exciting young Welles's rebellion; he only says, that they exhorted him to + continue in his rebellion. We may judge how smaller facts will be + misrepresented by historians, who can in the most material transactions + mistake so grossly. There may even some doubt arise with regard to the + proposal of marriage made to Bona of Savoy; though almost all the + historians concur in it, and the fact be very likely in itself; for there + are no traces in Rymer of any such embassy of Warwick's to France. The + chief certainty in this and the preceding reign arises either from public + records, or from the notice taken of certain passages by the French + historians. On the contrary, for some centuries after the conquest, the + French history is not complete without the assistance of English authors. + We may conjecture, that the reason of the scarcity of historians during + this period, was the destruction of the convents, which ensued so soon + after. Copies of the more recent historians not being yet sufficiently + dispersed, those histories hare perished.] + </p> + <p> + <a name="linknote-20" id="linknote-20"> + <!-- Note --></a> + </p> + <p class="foot"> + 20 (<a href="#linknoteref-20">return</a>)<br /> [ NOTE T, p. 490. Sir + Thomas More, who has been followed, or rather transcribed, by all the + historians of this short reign, says, that Jane Shore had fallen into + connections with Lord Hastings; and this account agrees best with the + course of the events; but in a proclamation of Richard's, to be found in + Rymer, vol. xii. p. 204, the marquis of Dorset is reproached with these + connections. This reproach, however, might have been invented by Richard, + or founded only on popular rumor; and is not sufficient to overbalance the + authority of Sir Thomas More. The proclamation is remarkable for the + hypocritical purity of manners affected by Richard. This bloody and + treacherous tyrant upbraids the marquis and others with their gallantries + and intrigues as the most terrible enormities.] + </p> + <p> + <a name="linknote-21" id="linknote-21"> + <!-- Note --></a> + </p> + <p class="foot"> + 21 (<a href="#linknoteref-21">return</a>)<br /> [ NOTE U, p., 507. Every + one that has perused the ancient monkish writers know that, however + barbarous their own style, they are full of allusions to the Latin + classics, especially the poets. There seems also in those middle ages to + have remained many ancient books that are now lost. Maimesbury, who + flourished in the reign of Henry I. and King Stephen, quotes Livy's + description of Caesar's passage over the Rubicon. Fitz-Stephen, who lived + in the reign of Henry II., alludes to a passage in the larger history of + Sallust. In the collection of letters which passes under the name of + Thomas a Becket, we see how familiar all the ancient history and ancient + books were to the more ingenious and more dignified churchmen of that + time, and consequently how much that order of men must have surpassed all + the other members of the society. That prelate and his friends call each + other philosophers in all the course of their correspondence, and consider + the rest of the world as sunk in total ignorance and barbarism.] <br /><br /> + </p> + <p> + END OF VOL. Ib. + </p> + <p> + <br /> <br /> + </p> +<pre xml:space="preserve"> + + + + + +End of the Project Gutenberg EBook of The History of England in Three +Volumes, Vol.I., Part B., by David Hume + +*** END OF THIS PROJECT GUTENBERG EBOOK HISTORY OF ENGLAND *** + +***** This file should be named 19212-h.htm or 19212-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/9/2/1/19212/ + +Produced by David Widger and the Online Distributed +Proofreading Team at http://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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