Sir John d'Abernoun, died 1277: from his brass at Stoke Dabernon: showing armour worn from about 1250 to 1300.
12. The first Conquest of Scotland. 1296.—In 1296 Edward turned first upon Scotland. After he crossed the border Balliol sent to him renouncing his homage. "Has the felon fool done such folly?" said Edward. "If he will not come to us, we will go to him." He won a decisive victory over the Scots at Dunbar. Balliol surrendered his crown, and was carried off, never to reappear in Scotland. Edward set up no more vassal kings. He declared himself to be the immediate king of Scotland, Balliol having forfeited the crown by treason. The Scottish nobles did homage to him. On his return to England he left behind him the Earl of Surrey and Sir Hugh Cressingham as guardians of the kingdom, and he carried off from Scone the stone of destiny on which the Scottish kings had been crowned, and concerning which there had been an old prophecy to the effect that wherever that stone was Scottish kings should rule. The stone was placed, where it still remains, under the coronation-chair of the English kings in Westminster Abbey, and there were those long afterwards who deemed the prophecy fulfilled when the Scottish King James VI. came to take his seat on that chair as James I. of England.
13. The Resistance of Archbishop Winchelsey. 1296—1297.—The dispute with France and the conquest of Scotland cost much money, and Edward, finding his ordinary revenue insufficient, had been driven to increase it by unusual means. He gathered assemblies of the merchants, and persuaded them without the leave of Parliament to increase the export duties, and he also induced the clergy in the same way to grant him large sums. The clergy were the first to resist. In 1296 Boniface VIII., a Pope who pushed to the extreme the Papal claims to the independence of the Church, issued the Bull, Clericis laicos, in which he declared that the clergy were not to pay taxes without the Pope's consent; and when at the end of the year Edward called on his Parliament to grant him fresh sums, Winchelsey, the Archbishop of Canterbury, refused, on the ground of this Bull, to allow a penny to be levied from the clergy. Edward, instead of arguing with him, directed the chief justice of the King's Bench to announce that, as the clergy would pay no taxes, they would no longer be protected by the king. The clergy now found themselves in evil case. Anyone who pleased could rob them or beat them, and no redress was to be had. They soon therefore evaded their obligation to obey the Bull, and paid their taxes, under the pretence that they were making presents to the king, on which Edward again opened his courts to them. In the days of Henry I. or Henry II. it would not have been possible to treat the clergy in this fashion. The fact was, that the mass of the people now looked to the king instead of to the Church for protection, and therefore respected the clergy less than they had done in earlier days.
14. The 'Confirmatio Cartarum.' 1297.—In 1297 Edward, having subdued the Scots in the preceding year, resolved to conduct one army to Flanders, and to send another to Gascony to maintain his rights against Philip IV. He therefore called on his barons to take part in these enterprises. Amongst those ordered to go to Gascony were Roger Bigod, Earl of Norfolk, and Humfrey Bohun, Earl of Hereford. They declared that they were only bound to follow the king himself, and that as Edward was not going in person to Gascony they would not go. "By God, Sir Earl," said the king to one of them, "you shall either go or hang." "By God," was the reply, "I will neither go nor hang." The two earls soon found support. The barons were sore because Edward's reforms had diminished their authority. The clergy were sore because of their recent treatment. The merchants were sore because of the exactions to which they had been subjected. Archbishop Winchelsey bound the malcontents together by asking Edward to confirm Magna Carta and other charters granted by his predecessors, and by adding other articles now proposed for the first time, so as to preclude him from demanding taxes not granted by Parliament. Edward found that the new articles restricted his action more than it had been restricted by the older charters. He was deeply vexed, as he thought that he deserved to be trusted, and that, though he had exacted illegal payments, he had only done so out of necessity. He saw, however, that he must yield, but he could not bring himself to yield in person, and he therefore crossed the sea to Flanders, leaving the Prince of Wales to make the required concession. On October 10, 1297, the Confirmatio Cartarum, as it was called, was issued in the king's name. It differed from Magna Carta in this, that whereas John had only engaged not to exact feudal revenue from his vassals without consent of Parliament, Edward I. also engaged not to exact customs duties without a Parliamentary grant. From that time no general revenue could be taken from the whole realm without a breach of the law, though the king still continued for some time to raise tallages, or special payments, from the tenants of his own demesne lands.