However, the country still felt the effects of the lawless reign of Henry III., and Edward’s first care was to set affairs on a more regular footing. He sent commissioners to inquire into the title-deeds by which all landed proprietors held their estates, and, wherever these were defective, exacted, a fee for freshly granting them. The inquisition might be expedient, considering the late condition of the nation, but the King’s own impoverished exchequer caused it to be carried on ungraciously, and great offence was given. When called on to prove his claims, the Earl Warrenne drew his sword, saying, “This is the instrument by which I hold my lands, and by the same I mean to defend them. Our forefathers, who came in with William, the Bastard, acquired their lands by their good swords. He did not conquer alone; they were helpers and sharers with him.” The stout Earl’s title was truly found amply sufficient!’
Not so was it with the Jews, who inhabited England in great numbers, and were found through purchase, usury, or mortgage, to have become possessors of various estates, which conferred on them the power of appearing on juries, of, in some cases, presenting to church benefices, and of the wardship of vassals. This was a serious grievance; and the King interfered by decreeing that, in every instance, the lands should be restored either to the original heirs on repayment of the original loan, or disposed of to other Christians on the same terms. The King was, by long custom of the realm, considered the absolute master of the life and property of every Jew in his dominions, so that he was thought to be only taking his own when he exacted sums from them, or forced them to pay him a yearly rate for permission to live in his country and to act as money-lenders. Edward thus believed himself to be making a sacrifice for the general good when he forbade the Jews ever to lend money on usury, and in compensation granted them permission to trade without paying toll; and he further took the best means he could discover for procuring the conversion of this people. The Friars Preachers were commanded to instruct them, and the royal bailiffs to compel their attendance on this teaching; every favor was shown to proselytes, and a hospital was built for the support of the poorer among them, and maintained by the poll-tax obtained from their race by the King. Should a Jew be converted, the King at once gave up his claim to his property, only stipulating that half should go to support this foundation. One young maiden, child of a wealthy Jew of London, on being converted, became a godchild of Edward’s eldest daughter, Eleanor, whose name she received; and she was shortly after married to the Count de la Marcho, the King’s cousin, and one of the noble line of Lusignan—a plain proof that in the royal family there was not the loathing for the Israelite race that existed in Spain.
The Jews were obliged to wear a distinctive mark on their dress—a yellow fold of cloth cut in the form of the two tables of the Law; and, thus distinguished, often became a mark for popular odium, which fastened every accusation upon them, from the secret murder of Christian children to the defacing of the King’s coin. There was, in fact, a great quantity of light money in circulation, and as halfpence and farthings were literally what their name declares—silver pennies cut into halves and quarters—it was easy for a thief to help himself to a portion of the edge. However, Edward called in these mutilated pieces, and issued a coinage of halfpence and farthings—that which raised the delusive hopes of the Welsh. The clipping became more evident than ever, and the result was an order, that all suspected of the felony should be arrested on the same day. Jews, as well as Christians were seized; the possession of the mutilated coin was taken as a proof of guilt; and in 1279, after a trial that occupied some months, and in which popular prejudice would doubtless make the case strong against the Jews, two hundred and eighty persons, male and female, were hanged on the same day; after which a pardon was proclaimed.
The English nation continued to hold the Jews in detestation, which was regarded as a religious duty, and, year after year, petitioned the King to drive them out of his dominions; but his patience was sustained by continual gifts from the persecuted race until the year 1287, when, for some unknown offence, he threw into prison the whole of them in his dominions, up to the number of 15,000; and though their release was purchased by a gift of £12,000, in 1290, their sentence of banishment was pronounced. He permitted them to carry away their property with them, and sent his officers to protect them from injury or insult in their embarkation; but in some instances the sailors, who hated their freight, threw them overboard, and seized their treasures. These murders, when proved, were punished with death; but it was hard to gain justice for a Jew against a Christian: and the edict of banishment was regarded by the nation as such a favor, that the King was rewarded by a grant of a tenth from the clergy and a fifteenth from the laity.
The merchants had earlier given him a large subsidy as a return for the treaty which he had made in their favor with Flanders, which derived its wool from England. Edward was very anxious to promote manufactures here, and had striven to do so by forbidding the importation of foreign cloth; but this not succeeding, the mutual traffic was placed on a friendly footing. There was violent jealousy of foreigners among the English, and it was only in Edward’s time that merchants of other countries were allowed to settle in England, and then only under heavy restrictions.
Edward I. was the sovereign who, more than any other since Alfred, contributed to bring the internal condition of England into a state of security for life and limb. Robberies and murders had become frightfully common; so much so, that the Statute of Winton, in 1285, enacted that no ditch, bush, or tree, capable of hiding a man, should be left within two hundred feet of any highway. If anything like this had been previously in force, it was no wonder that Davydd of Wales objected to having a road made through his forest.
In all walled towns the gates were to be kept shut from sunset to sunrise, and any stranger found at large after dark was liable to be seized by the watch; nor could he find lodging at night unless his host would be his surety. Thieves seem to have gone about in bands, so that their capture was a matter of danger and difficulty, and therefore, on the alarm of a felony, every man was to issue forth with armor according to his degree, and raise the hue and cry from town to town till the criminal was seized and delivered to the sheriff. The whole hundred was answerable for his capture—a remnant of the old Saxon law, and a most wise regulation, since it rendered justice the business of every man, and also accustomed the peasantry to the use of arms, the great cause of the English victories. Judges were first appointed to go on circuit in the year 1285, when they were sent into every shire two or three times a year to hold a general jail delivery. But Edward had to form his judges as well as his constitution, for, in 1289, he discovered that the whole bench were in the habit of receiving bribes, from the Grand Justiciary downward: whereupon he threw them all into the Tower, banished the chief offenders, degraded and fined the rest, and caused future judges to be sworn to take neither gift nor fee, only to accept as much as a breakfast, provided there was no excess.
Still, the jurymen, [Footnote: On Thomas á Becket’s last journey to Canterbury, Raoul de Broc’s followers had cut off the tails of his pack-horses. It was a vulgar reproach to the men of Kent that the outrage had been punished by the growth of the same appendage on the whole of the inhabitants of the county; and, whereas the English populace applied the accusation to the Kentishmen, foreigners extended it to the whole nation when in a humor for insult and abuse, such as that of this unhappy prince.] who were as much witnesses as what we now call jurors, were often liable to be beaten and maltreated in revenge, and officers, called “justices of trailebaston” were sent to search out the like offences, which they did with success and good-will; and in, order that speedy justice might be done in cases of minor importance, local magistrates were appointed, the commencement of our present justices of the peace. They were at first chosen by the votes of the freeholders, but in Edward III.‘s time began to be nominated by the Crown.
Robert Burnel, the Chancellor, Bishop of Bath and Wells, probably had a great share in these enactments. He was a better Chancellor than Bishop, but he left to his see the beautiful episcopal palace still in existence at Wells. He also built a splendid castle at his native place, Acton Burnel, where some of the early Parliaments were held.
These Parliaments were only summoned by Edward I. when in great want of money, for in general he raised the needful sums by gifts and talliages, and only in cases of unusual pressure did he call on his subjects for further aid. Four knights were chosen from each shire, and two burgesses [Footnote: For a lively picture of a trial of the thirteenth century, see Sir F. Palgrave’s “Merchant and Friar.”] from every town, of consequence; and, besides, bishops and the barons, who had their seats by their rank; but the two houses were not always divided:—except, indeed, that sometimes the Northern representatives met at York, the Southern at Northampton, and the county palatine of Durham had a little parliament to itself. Serving in Parliament was expensive and unpopular, and the sheriff of the county had not only to preside over the election of the member, but to send him safe to the place of meeting; and often the Commons broke up as soon as they had granted the required sum, leaving the Lords to deliberate on the laws, or to bring grievances before the King, such things being quite beyond their reach.