But the two earls, doubtless advised by Winchelsey, felt that they had the king at a disadvantage, and they continued to press him closely. The same motives which actuated them, must weigh, they well knew, with almost every baron in parliament. Every landed proprietor who had a royal forest in his neighbourhood, might hope to gain something by an investigation of the king’s title, and an inquiry as to the proper boundaries. Nor could Edward peremptorily reject their requests; for Scotland was still in an unquiet state, and the king could only put down those disturbances by the help of his barons and his parliament.
In 1297, as we have seen, the complaint of the two earls was, “that the charter of forests is violated by the king’s officers.” In 1298, bearing in mind this complaint, the king issues a commission to two earls, two bishops, and two knights, “to inquire into all oppressions committed by the king’s officers.” But not satisfied with this, in 1299, the charters are again mentioned in parliament, and now the real object—disafforesting—peeps out. A new “perambulation” is loudly demanded, and it becomes evident that an important reduction of the domains of the crown is the object aimed at.
So long as the two earls had merely asked for a confirmation of the charters, or for inquiry into the misdoings of the officers of the forests, the king had listened patiently; and had, in fact, conceded all that they desired. But when they urged these new demands, he grew impatient, and, as twilight was coming on, he rose and left the meeting, telling them that he was going out of town.[110] The sitting consequently broke up, not without some anger. But the king’s marriage with Margaret of France took place that autumn; and apparently, being in a good humour, and having reflected on the matter in all its bearings, he resolved to gratify the earls so far as to order a new perambulation to be made. Commissions were issued, as we find in Prynne, either in 1299 or 1300, to a great number of the counties, for inquiries into, and reports upon, the boundaries of the royal forests. And thus, when the parliament met, in the Lent of 1300, in Westminster, the king was able to inform the members that the perambulations which they had desired were then in progress; and that the reports would be ready early in the next year. At that parliament, also, he passed, as we have mentioned in a former chapter, a new statute “on the charters,” which explained and strengthened them on various points—more especially as to illegal “prises and talliages” made by officers of the crown.
Of the great parliament of Lincoln, held in 1301, we have already given some account. It deserves to be ever remembered in England, on various grounds. It was a large and full assembly, containing, in just numbers and proportions, those same elements which are combined in the British parliament of the present day. It had its earls and barons and prelates, in number about one hundred and fifty; its knights of the shire, in full tale; and its borough representatives, in still more numerous array. Its proceedings, too, began to assume that sort of form or order which has been preserved in most representative assemblies from that time to the present. The king sent down to “his faithful lords and commons” a message or speech; to which they, after due deliberation, returned a reply. Motions were made, and an address presented to the king, for a change of ministers;—and the parliament even went so far as to ask to be allowed to name the ministers of the crown. The king, in his turn, gave such a reply as, it may be hoped, a British sovereign of the present day would be advised to give to any such demand. After a while, this heated and personal contest abated; the king made some important concessions; and the parliament granted a supply. Lastly, the pope’s audacious claim to the sovereignty of Scotland was taken into consideration; and a resolute and thoroughly English answer was given to the pontiff’s arrogant pretensions. On the whole, there have been few assemblies of this kind held in England, which have better deserved to be held in honourable remembrance, than this parliament of Lincoln.
Its mode of dealing with the “Papal aggression” has been described in a former chapter. Its reply to pope Boniface terminated that controversy. But of the discussions which took place on domestic matters we gain only a few glimpses, which show, however, so much of the animation and importance of its debates, as to cause deep regret that we have no detailed record of those discussions. Two facts we learn from allusions to these proceedings made in following years: first, that Winchelsey was a prime though concealed mover in all the attacks made upon the king; and, secondly, that under his advice the earls took another large step in advance; and, seeing that they were likely to obtain the perambulations, now asked, under the crafty primate’s instructions, a further concession, which he well knew the king was not likely to grant.
The Parliamentary Writs give us some insight into the form and order of public business which had already come into use. Thus, we have a writ dated “Rose Castle, Sept. 25, 1300,” addressed to Walter of Gloucester, which recites, “That the said Walter and others had been assigned to make perambulations of the forests: that the king wishes to proceed thereon with the advice of the prelates, earls, barons, and others, without whose counsel the business cannot be duly despatched. That the king wishes to have a colloquium with the prelates, earls, barons, and with the rest of the communitas of the kingdom, respecting the perambulations, and on other arduous affairs concerning the king and kingdom. The said Walter is therefore enjoined to be before the king in his parliament at Lincoln, within eight days of Hilary, Jan. 20, 1301, to treat and advise with the prelates and magnates, and others of the communitas of the kingdom, on the said affairs: and he is to bring with him all the perambulations made by him and his fellows, with all documents relating to the same.”
There are also other traces of preparations made by the king for this discussion. Thus, in the autumn of 1300, we find a writ dated from “Rose Castle, Sept. 26,” by which the sheriff of Cumberland is enjoined to send two knights for his county, and representatives from each city and borough; and to cause them to have their expenses. And also, to see that proclamation is made, that all who had lands or tenements within the boundaries of the forests, and who wished to impeach the perambulation, should appear before the king in his parliament at Lincoln, to show cause against the same. Another writ is addressed to the Justice of the Forests north of the Trent, desiring him “to cause all the foresters in his bailiwick to appear before the king in his parliament at Lincoln, to give counsel in the premises.”
Next, parliament being assembled, we have the “Bill,” or royal message, sent down from the king to the prelates, earls, and others, on the 20th of January so appointed. It is, probably, the first example of such a document that exists upon our records; and for plainness, directness, and a wise and conciliatory spirit, it has, we apprehend, seldom been exceeded.
“The king wills that the perambulations of the forests shall be shown to the ‘bones gentz’ who are come to this parliament. When they shall have examined the same, and shall have considered the evidence which is to be produced, the king wills that the perambulation shall stand, if they advise that it shall be so; and that the king can assent thereunto without violating his coronation‐oath and disinheriting the crown. If any matters require to be redressed or changed, let it be done in such convenient way as they may advise and provide; or, if this please them not, let some middle way be provided, so that the business may be settled in a convenient manner; having regard to the dignity of the crown, which shall not thereby be affected; and so that their oaths, and the oath of the king, relating to the rights of the crown, may be saved.”
In the Parliamentary Writs, the final result, or conclusion, to which this parliament seems to have come, is given immediately after the royal message. In this, however, as in many other similar cases, the formal record of the business transacted affords but a faint and imperfect idea of the character of the debates, or of the real object of the principal movers in the transaction. But, fortunately, two or three chronicles of the period remain, which are entirely in agreement with each other, and which show that the turbulent and ambitious primate had succeeded in forming a powerful and treasonable confederacy, and in bringing matters to the very verge of a civil war.