* Monach. Malms.
** Murimuth, p. 55.
*** Tyrrel, vol. ii p. 280, from the register of C. C.
Canterbury.
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.
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.[*****]
* 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.
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.
1322.
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.[******]
* 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.
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.[**]
* Tyrrel, vol. 11. p. 291.
** Leland’s Coll. vol. i. p. 668.