* Walsing. p. 69.
** Heming. voL i. p. 112.
*** Rymer, vol. ii. p. 783. Walsing. p. 70.
**** M. West, p. 430.
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.[**]
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.[****]
* 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.
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.
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.[***]
* 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.
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.
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.
* 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.