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Chapter XXVIII: REIGN OF EDWARD I. (concluded) (2)

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It is necessary here to relate the circumstances which led to the expedition in question. The chief was naturally the occupation of Gascony; but there were subsidiary causes. In the year 1294 Edward had concluded a treaty of marriage between his son Edward and Philippa, the daughter of Guy, Count of Flanders. This union was opposed to the interests of the King of France, who exerted every means in his power to prevent it. Having in vain attempted to do so by a course of intrigues, Philip sent to invite the count to meet him at Corbeil, for the purpose of consulting on matters of importance. The old man, whose character was honest and unsuspicious, presented himself at the time appointed, when his person, with that of his wife, was seized by the orders of Philip, who conveyed them prisoners to Paris. This unknightly act of treachery excited general indignation throughout Europe, and the Pope having remonstrated with the king, he was obliged to set the count at liberty. Before doing so, however, he compelled him to make oath that he would abandon the alliance with England, and, in pledge of the fulfilment of the vow, Philippa was required to be sent to Paris as a hostage. These demands having been reluctantly complied with, the old Count took a tender farewell of his child, who was then only twelve years old, and returned to his own dominions. An appeal which he addressed to the Pope for the recovery of his daughter was answered by a threat of excommunication against Philip; but that unscrupulous monarch retained possession of his hostage, in defiance of the thunders of the Church. It was at this time that the Count entered into a coalition which had been recently formed by Edward, and included the Emperor of Germany, the Archduke of Austria, the Duke of Brabant, and the Count of Bar.

Such were the circumstances under which Edward entered on the expedition which terminated with so little success to the English arms. He landed at Sluys in the month of August, and immediately on his arrival quarrels broke out among the sailors of the fleet, who came from different seaports, and between whom there had been long-standing feuds. Such was the extent to which these animosities were carried, that a regular engagement took place between the mariners of Yarmouth and those of the Cinque Ports, and twenty-five ships belonging to the former were burnt. It is related that, during the conflict, three of their largest ships, one of which carried the royal treasure, were taken possession of and conveyed out to sea.

While such was the condition of the British navy at this period, the land troops were occupied with similar quarrels and disorders. Among the allies of Edward there was little more unity. The cities of Flanders, rivals in wealth and power, regarded each other with a jealousy which threatened the most serious dissensions. Among the various factions were some who adhered to Philip of France, and their numbers were greatly increased when that king marched into the country at the head of an imposing force of 60,000 men. The French gained a victory over the Flemings at Furnes, and obtained possession of a number of their chief towns.

Damme had been occupied by Philip, who was compelled to retire before the English forces, and Edward then advanced into the country, making an unsuccessful attack on Bruges, and going into winter quarters at Ghent. Here the most deadly quarrels broke out between the English troops and the townspeople; and in a riot which took place in the town 700 of the English were killed. Every effort was made by the king and Count Guy to repress these tumults; but the feud continued without abatement, and effectually prevented any combined movements against the enemy.

Such was the position of affairs in the winter of 1297, when proposals for a truce having been made by Philip, they were readily accepted, and the English king returned to his own country. Edward had spent large sums of money in this expedition, which had ended in a manner wholly unworthy of his fame and his resources. But the humiliation of the king had not been confined to the non-success of his arms; he was compelled to give his assent to various reforms introduced by his barons, and to add confirmations of those charters which checked the abuse of arbitrary power. Early in the preceding year the constable of the kingdom, with the earl marshal and many other of the nobles, interposed in defence of the privileges of Parliament, and forbade the officers of the exchequer, in the names of the barons of the kingdom, to collect certain taxes which had been laid on by the king without the consent of the national representatives. The citizens of London were allied with the barons in this measure, and Edward found himself at length compelled to submit. From the city of Ghent, where he was then staying, he sent instructions to this effect to the council of regency, some of whom were known to favour the demands of Parliament; and at the same place he granted a new confirmation of the two charters, and also of an important enactment, by which it was declared that no impost should be levied without the consent of the peers spiritual and temporal, the knights burgesses, and other freemen of the realm.

Such concessions as these were not made by Edward without great reluctance, and his annoyance at the restrictions thus placed upon him was clearly shown soon after his return to England. His barons, however, were determined that the statutes should not be evaded, and a Parliament having been summoned at York, the king was called upon to give a solemn ratification of the charters he had granted. Edward excused himself at that time under the plea that he was on his way to chastise the Scots; but he gave his promise to do what was desired of him on his return, and the Bishop of Durham and three barons made oath in his name to that effect.

On his return from Scotland, Edward met his parliament, which was assembled in March, 1299, at Westminster. He now endeavoured by every means in his power to gain time, and when closely pressed, he quitted London, as it were by stealth. The barons, however, were not to be thus defeated, and having followed him, and urged the fulfilment of his solemn obligations Edward found himself compelled to assent. By an extraordinary act of craft, however, he took measures to evade the provisions of the document by adding a clause at the end, "saving the rights of the crown," which destroyed the value of the concession, and subverted the meaning of what had gone before. The cunning of the king had, in this instance, overreached itself. With few exceptions, the barons rose up in indignation, and quitted the assembly and the city, with their retainers. Edward now proposed, as he had done before, to secure the goodwill of the people; and to this end he directed the sheriffs of London to call a meeting of the citizens, and to read to them the new confirmation of the charters. The people assembled in large numbers in St. Paul's Churchyard, and listened attentively. It appears that they possessed more intelligence than the king gave them credit for, since, after having applauded the earlier clauses, they no sooner heard the last, than they gave every demonstration of indignation, and proved that they fully comprehended its unworthy purport. The king now perceived that the country was unanimously against him; and having called his Parliament once more together, he threw out the obnoxious clause, and granted all the concessions that had been demanded. There was, in fact, no alternative, if Edward desired to maintain his position and authority. Four years later, the king sent to the reigning Pope, Clement V., to request a dispensation absolving him from the oaths he had taken, and to which he said he had been driven by a traitorous conspiracy. The Pope, however, evaded the request; and when the further solicitations of Edward failed to produce a more decided effect, he found himself compelled to respect those grants which he had made law.

Philip the Fair, who was inferior to Edward in warlike accomplishments, was his equal in craft and cruelty. After the English king quitted Flanders, in 1297, he had no opportunity of conducting further measures of importance in that country, which during the succeeding years was overrun by the French troops. In the year 1302 the Flemings rose against their oppressors, and gained a complete victory over them at Courtrai. That the "rabble of Flemings," as the French called them, should thus overcome the chivalry of France, was a disgrace not to be endured; but while the nobles were panting for a knightly vengeance, their king was planning a safer and bloodier retaliation. For some time previously Edward had determined to abandon his ally, the Count of Flanders, and to regain possession of Guienne from the King of France by treaty. The Pope was now appealed to, and he proposed an alliance of marriage between the two kings. Edward, who was now a widower, was to marry Margaret, the sister of Philip, and the Prince of Wales was to marry Isabella, the daughter of the French king. Such an alliance had already been contemplated with satisfaction by the negotiators. It is true that there were difficulties in the way. Edward had sworn solemnly to marry his son to Philippa, daughter of the Count of Flanders; he had also pledged his honour that he would never make truce with the French king without the entire concurrence of his ally. But these obstacles served only to delay the progress of the negotiations for a few months. Edward broke off his solemn engagements abroad as readily as he threw aside his oaths at home; and in September, 1299, the double marriage took place, the son being contracted to Isabella by proxy at the same time that his father was married to Margaret.

A peace between France and England necessarily attended the conclusion of this alliance; and it was agreed that injuries remaining unredressed on either side should be compensated for, and that the possession of Guienne should be settled by negotiation; pending which, Philip gave several towns in Gascony to be held as security by the Pope. In these arrangements the French king entirely disregarded his alliance with the Scots; and neither in this treaty, nor at its subsequent ratification, were they in any way mentioned. On the 20th of May, 1301, the treaty was formally concluded. Edward regained possession of the province of Guienne, and, in return, he gave up the Flemings into the hands of their enraged enemies. A few months later, the French barbarously revenged themselves for their former defeat at Courtrai, by attacking the Flemish peasants of the district of Lille, and putting them to death in what was a massacre rather than a battle. A year previously, Count Guy of Flanders had fallen into the hands of Philip, by whom the noble old man was subjected to cruelty, which soon resulted in his death. He died in his prison at Compiègne at the age of eighty-one.

Having concluded peace with France, Edward immediately turned his attention to Scotland. Notwithstanding the decisive victory of Falkirk, and the apparent surrender of the cause by Wallace, the subjugation of that country was far from being effected. There still existed in every quarter a determined spirit of hostility to the English, kept alive by the memory of the recent defeats, and not less so of the preceding triumphs. In 1300 the king made an incursion into Annandale, which he laid waste, and received the speedy submission of Galloway. The Scots, who were making zealous efforts to secure assistance from foreign courts, thought it prudent to make a truce, which was ratified in November at Dumfries, and was to continue in force till the summer of the following year. Their applications, however, to the Continental courts received but little encouragement. Philip of France, as was to be expected after so recent a pacification with the English monarch, rejected their suit. The only person who seems to have responded to their appeal was Pope Boniface VIII. He wrote a letter to Edward, entreating him to put an end to his ravages and oppressions in Scotland, and adducing a great number of historical proofs of the ancient and unquestionable independence of that kingdom--proofs with which, no doubt, the Scottish envoys had taken care to supply him. With a singular inconsistency, however, the Pope concluded his letter by asserting that Scotland was, in reality, a fief of the Holy See. This claim, never before heard of, and in utter contradiction to the whole tenor of the Papal brief, called forth the most earnest reply from Edward, who set about and constructed a catalogue of sovereign claims on Scotland, from the fabled age of Brutus, the Trojan, who, he asserted, founded the British monarchy in the days of Eli and Samuel, down to those of King Arthur, the hero of romance rather than of history; concluding with the full and absolute homage done by William of Scotland to Henry II. of England; taking care to omit all mention of the formal abolition of that deed by Richard Cœur-de-Lion, who had frankly pronounced it an extorted one, and therefore invalid. This royal epistle was seconded by a very spirited remonstrance from 104 barons, assembled by the king's command at Lincoln, who proudly maintained the temporal independence of both the kingdoms of Scotland and England of the see of Rome; declaring that they had sworn to defend the king's prerogatives, and that at no time would they permit them to be questioned.

These, or other arguments which do not appear on the face of history, produced a very sudden revulsion in the Papal mind. Boniface soon after wrote to the Scots, exhorting them to cease their opposition to "his dearly beloved one in Christ," King Edward, and to seek forgiveness from God for their resistance to his claims. Edward, thus sanctioned, again advanced into Scotland in the summer of 1301, when he found the country laid waste before him by the politic Scots, and was obliged to take up his quarters, on the approach of winter, in Linlithgow, where he built a castle and kept his Christmas. Another truce was entered into the following spring, and the king then left John Segrave as his lieutenant in Scotland, at the head of an army of 20,000 men. Early in the year 1303, the Scots having appointed John Comyn regent of the kingdom, he, with Sir Simon Fraser, not contented with maintaining the independence of the northern parts, descended into the southern counties, which Edward imagined were wholly in his power. His general, John Segrave, marched out to repulse them; and on the morning of the 24th of February, near Roslin, he came up with them. He had divided his army into three sections: the first division, being suddenly attacked by Comyn and Sir Simon Fraser, was speedily routed and, in its flight, coming in contact with the second division, threw that also into confusion. This division however, made a stout resistance, but was eventually beaten, whereupon it fell back on the third division and communicated its disorder to it; so that the whole force was completely put to flight, and pursued with heavy loss. The English commander himself was taken prisoner, being dangerously wounded in the very first encounter. Sixteen knights and thirty esquires were found amongst the captives, including the brother and the son of the general. It is reported that the Scots were compelled to slaughter a great number of their prisoners, in order to engage with safety the successive bands that they came up with. They boasted of thus achieving three victories in one day. The _éclat_ of this brilliant action turned the popular tide at once in their favour. The people everywhere came forward to assist them. The regent very soon made himself master of all the fortresses in the south, and once more the country was lost to the English.

This sudden and complete prostration of all his ambitious hopes, and reversal of his victories, effectually aroused the martial king. He assembled a great army, supported by a formidable fleet; and by rapid marches, at the head of his hosts, he appeared before Roxburgh on the 21st of May, and reached Edinburgh on the 4th of June. His progress was marked by the most terrible devastation. He came upon the devoted country like a lion exasperated by wounds of the hunters. No foe could be found able to resist him, and he ravaged the open country, and laid in ruins the towns and villages, his fleet supplying his destroying forces with abundant provisions.

Having made a short pause in Edinburgh, to leave all secure there, he again advanced, with desolating speed and vengeance, through Linlithgow and Clackmannan to Perth, and thence to Aberdeen, and so on to Moray. He posted himself in the strong fortress of Lochendorb, situated on an island in the midst of a Morayshire loch; and there he remained till the autumn, employed in subduing and receiving the homage of the great Highland chiefs. "Tradition," says Tytler, "still connects the ruins of Lochendorb, after the lapse of more than five hundred years, with the name of the great English king."

On his return southward Edward met with a stout resistance from the strong castle of Brechin, defended by Sir Thomas Maule, which was only compelled to open its gates to the conqueror after the death of its valiant commander. The king took up his quarters for the winter at Dunfermline. He was careful this time not to withdraw to England, even during the inactivity of the winter, nor to trust the important charge of the kingdom's safety to any deputy. His soldiers are said to have amused themselves during this time in destroying the magnificent abbey of the Benedictines; "a building," says Matthew of Westminster, "so spacious, that three kings, with all their retinues, might have been conveniently lodged there." The remains of this noble abbey, including the parish church, still attest its original splendour; and the Scots regarded it with high veneration as the resting-place of no less than eight of their ancient kings, and five of their queens.

The last remains of the army of Scotland assembled to defend the castle of Stirling, that being the only stronghold which now remained in Scottish hands; but they were speedily dispersed by the English cavalry. Soon after this, Comyn, the regent and chief commander of the forces, came in and made his submission to the royal commissioners at Strathorde in Fifeshire; and his example was followed by all the nobility. These, with a few exceptions, as Wishart, Bishop of Glasgow, Sir John Foulis the Steward, and a few others, were allowed to retain their lives and lands subject only to such penalties and terms of banishment as the king might choose to impose. During Lent a Parliament was held at St. Andrews when Sir William Wallace, Sir Simon Fraser, and the governor of Stirling, were summoned to surrender themselves on penalty of outlawry, if failing to appear. All these persons, not even excepting Fraser, accepted the terms offered to them. The brave Sir William only refused to put himself into the power of the English king, except on a written guarantee of life and estate, signed and sealed by the monarch himself; and his caution was at once justified by the event, for the king, on hearing this, cursed Wallace and all who supported him, and set a reward of 300 marks upon his head. The great patriot had for a time escaped from the snare, and once more retreated to his hiding-places in the forest of Dunfermline.

Edward now turned his whole attention to the reduction of the castle of Stirling. This royal fortress, placed like an eagle's eyrie on its precipitous rock, was defended by one of the most stout-hearted men of Scotland, Sir William Oliphant, with the insignificant garrison of 140 men; yet, for about three months, that is, from the 22nd of April to the 20th of July, did they withstand the whole force of the English king. Edward directed all the operations against it in person, and brought a number of engines which threw immense stones and darts upon it. He sent to England to collect all kinds of missiles, which were discharged against the place; but it was not yielded till the garrison was reduced to the extremity of famine, and the building to a mass of ruins. The brave defenders were then compelled to surrender at discretion, for the ruthless conqueror would grant no other terms, and were obliged to solicit pardon and their lives on their knees--all circumstances of deep humiliation. Their lives were given them, but they were sent to the Tower of London and other dungeons. On marching out, it was found that thirteen ladies, wives and sisters of the gallant officers, had shared the perils and hardships of the siege.

Stirling reduced, there wanted only one other surrender to complete the triumph of Edward--that of Wallace, the man who has made his name and the noblest patriotism synonymous to all time. Edward made every exertion, and offered high rewards for his apprehension. One Haliburton, a soldier of the late garrison of Stirling, so far showed his unworthiness to share in the glory of the late siege as to lend himself to this base purpose. Sir William was surprised and conveyed to the castle of Dumbarton, and thence carried to London in chains as a traitor, though he had never acknowledged Edward as his sovereign, and owed him no fealty. In Stowe, the London annalist, we can still perceive the sensation which the arrival of this famous warrior as a captive created in the metropolis. Crowds were assembled to gaze on him. He was conducted on horseback to Westminster by Sir John Segrave, late governor of Scotland, by the mayor, sheriffs, and aldermen of London, accompanied by other gentlemen; and in Westminster Hall he was insulted by being crowned with laurel when placed at the bar, because he had been reported to have said that he ought to be crowned there. He was condemned as a traitor, and executed, with every circumstance of ignominy, at the Elms in West Smithfield, on the 23rd of August, 1305. To this place he was drawn at the tails of horses; and, after being hanged on the gallows, while he yet breathed his bowels were taken out and burnt before his face. His head was then struck off and his body divided into quarters, one of which was sent to be exposed at Newcastle, another at Berwick, a third at Perth, and the fourth at Aberdeen; his head being stuck on a pole on London Bridge. So much did they in that day fail to realise the everlasting infamy attendant on the unworthy treatment of the noble ones of our race--the intrepid defenders of the liberties of their country. The barbarous policy of the English king produced the very results which he sought to prevent. The whole Scottish nation resented with inexpressible indignation the inhuman outrage perpetrated on their hero. Everywhere the people burned with fury against England, and were ready to rise at the call of another patriot.

FROM THE PICTURE BY DANIEL MACLISE, R.A. IN THE GUILDHALL GALLERY.

(BY PERMISSION OF THE CORPORATION OF THE CITY OF LONDON).]

Such a man was not long in presenting himself. Robert Bruce had not forgotten the words of fire which Wallace had addressed to him across the Carron, as he was in slow and reluctant retreat from the battle of Falkirk. He remembered how he had called upon him to come forth from crouching to the tyrant; to come forth from servile submission to a glorious independence; to remember the royalty of his birth, the dignity of his family, the genius and the energies which God and Nature had conferred upon him, and the profound responsibility which these had laid him under to his country. He recalled the majestic figure of that illustrious man as he bade him behold the glorious prize which Heaven itself had set before him, the most glorious which could possibly be awarded to man--that of ending the sufferings of his country; that of converting its groans, its tears of blood and shame, into cries of exultation, and of placing his native land on the firm basis of perfect independence.

The last spur was now given to the spirit of Bruce. The words of Wallace to him were become so many sacred commands. Wallace had declared that he himself lived only to defend the liberties of his people; and he prayed that his life might terminate when he was reduced to wear the chains of the tyrant. He had been compelled to wear them by treason, and he had perished in his greatness. No indignities, no humiliations, could pluck from him the immortality of the martyr--the beautiful halo of a nation's homage. The die was cast for Robert Bruce. The spirit of Wallace had fallen upon him; henceforth he must spurn the blandishments of the English king, and tread the same path to death or victory.

And, indeed, Bruce had much to risk as well as to aspire to. His father had remained to the last attached to the English interests. On his death, in 1304, Edward had fully invested him with all his hereditary rights, titles, and estates, both in England and Scotland. He had all that the most ambitious nobleman could desire, short of the crown itself. The host of conflicting and, for the most part, unworthy competitors for the Scottish sceptre had afforded him at least plausible ground for standing aloof and leaning towards the English power which held them in check. He had accordingly been honoured when other of the greatest men of the realm had been fined, mulcted, and punished. He had been entrusted with considerable commands; amongst others, with the important fortress of Kildrummie, in Aberdeenshire. But now things were come to such a pitch between the English king and his country that there could be no longer any wavering in the bosom of a true man. Edward appeared resolved to reduce Scotland to the condition of a conquered province. If he set up a nominal king in place of Balliol, it would be Comyn, whom he regarded as a traitor. It was time to reveal himself as his country's champion.

Edward having once more finished his work of subjugation, and all Scotland lying prostrate at his feet, he now set to work about the serious task of so modelling the government and administration of the country that it should most completely remain in his grasp as a permanent portion of the realm. For this purpose he appointed a council, so-called, of the Scottish nation. This was to consist of two bishops, two abbots, two earls, two barons, and two representatives of the boroughs, who were to assemble in London, and to sit in conjunction with twenty commissioners of the English Parliament, to frame a constitution for the conquered territory. But this council, as was intended, carried things with a high hand against the people of Scotland. It cleared away all the Scottish laws and customs at a sweep, and substituted English ones in their stead. It destroyed all ancient monuments which perpetuated the spirit of nationality. Whatever histories or records had escaped the former search of the king were now ruthlessly destroyed; and the work of utterly rooting out the Scottish name and institutions was going on, when the whole was suddenly brought to a stand by a fresh and more determined insurrection.

The resolve of Bruce to throw off all disguise and declare himself openly for his country had been accelerated by the treason of Comyn, and six months had scarcely passed over the bloody relics of Wallace when the Scots were up in arms again, round the champion he had himself invoked to assume that post. In June, 1305--two months before the execution of Wallace--it appears that Bruce had made a secret compact with William de Lamberton, the Bishop of St. Andrews, of mutual aid and support. This contract, still preserved in the "Annals" of Lord Hailes, had for its ultimate object the claims of Bruce on the crown. Comyn had come by some means to the knowledge of this league; had pretended to join in it; but had betrayed it to the king. Bruce was marked for due vengeance by Edward, who only waited for an opportunity also to seize his three brothers, resident in Scotland. But through the friendship of the Earl of Gloucester, the son-in-law of the king, Bruce was apprised of his danger, the earl sending him a pair of gilt spurs, and twelve silver pennies, under pretence that he had borrowed them of him. Bruce caught the meaning of the device, and resolved to escape at once. To this purpose, tradition says, he had his horse shod backwards so as to deceive those who might attempt to trace his route, for the ground was then covered with snow. Bruce arrived safely in a few days at his castle of Lochmaben, in Annandale, the chief seat of his family; and here he found, fortunately, a great number of the Scottish nobility assembled, and in the midst of them no other than John Comyn, his professed friend, but treacherous, secret foe. If he had wanted any evidences of the perfidy of this man, he had them now in his pocket; for on the way from town he had met a courier bearing letters from Comyn to King Edward, urging the absolute necessity of Bruce's instant death or imprisonment. This man he slew, on the principle "that dead men tell no tales, and carry no messages"; and the fatal secret now in his possession presents us with a certain clue to the motive of a much more startling act which he perpetrated soon after.

These legends were probably invented to clear the fair fame of Bruce. All that is certainly known is that the two men met at Dumfries, that Bruce demanded a conference, and that he followed Comyn, after the party had gone, into the cloisters of the Minorites, and ran him through the body. Hurrying from the convent, he cried "To horse!" and Sir Roger Kirkpatrick, one of his attendants, seeing him greatly agitated, demanded whether the traitor was slain. "I doubt so," replied Bruce. "You doubt!" exclaimed Kirkpatrick; "I will make sure;" and so saying, he rushed into the monastery, stabbed the Comyn to the heart, and killed also his kinsman, Sir Robert Comyn, who strove to defend him. From this circumstance the Kirkpatrick family adopted the crest of a bloody hand holding a dagger, and the motto, "I mak sicker" ("I make sure").

The die was now cast. There was no retreat, no reconciliation after that terrible deed. Bruce called his staunchest friends hastily around him; they were few, but devoted spirits. The Bishops of St. Andrews and Glasgow, the Abbot of Scone, the four brothers of Bruce, his nephew, Thomas Randolph, his brother-in-law Christopher Seton, and some ten or twelve young men, gathered at the call. Bruce flew in various directions, exciting his countrymen to arms. He attacked and defeated the English, took some of their forts, and drove them from the open country.

Edward, on receiving this news, at once prepared to take signal vengeance on the insurgents, and this time to give the nation such a castigation as should effectually quell its spirit. Not waiting for his own slower movements, he sent on Aylmer de Valence, the Earl of Pembroke, with a small army, to check the spread of the disaffection. He met with Bruce near Methven, in Perthshire, on the 19th of June, and, surprising the Scottish forces, put them utterly to the rout. Bruce was three times unhorsed in the battle, and escaped with the greatest danger. His friends the Earl of Athol, Simon Fraser, and Sir Christopher Seton, were taken prisoners and executed. Amongst the prisoners was also his nephew Randolph. His wife and his daughter Marjory, having left the fortress of Kildrummie, were seized by the Earl of Ross in the sanctuary of St. Duthac at Tain; the knights who attended them were put to death, and they themselves were sent to England, where they remained prisoners eight years. His brother Nigel, much beloved by the people, was compelled to surrender Kildrummie, and was also hanged and afterwards beheaded at Berwick, with many other knights and gentlemen. He himself with great difficulty made his escape into the mountains of Athol, with about five hundred followers, the sole remnant of the army with which he had hoped to redeem Scotland. For many months he and this little band wandered amongst the hills in the utmost wretchedness, destitute of shelter, and often of food. A price was set upon their heads; their enemies, the Comyns, infuriated by the slaughter of their chief, and now in the ascendant as allies of England, pursued them with vindictive rage, driving them farther and farther into the labyrinth of the hills. On reaching the borders of Argyll, they encountered the Lord of Lorn, who had married an aunt of the Comyn, at the head of 1,000 men who occupied a narrow defile. A desperate conflict took place, and Bruce and his followers narrowly escaped extermination. Finally, Bruce found means to pass over to Carrick.

Whatever was the momentary despondency and misery of Bruce, he issued forth early in the spring of 1307, in order to make one more effort for the expulsion of the English. His followers amounted only to 300; and he was nearly betrayed by the unexplained lighting of a fire upon a hill, the very signal which he had agreed upon if it were safe to approach. As he drew near the landing-place, he was met by the information that the English were in full possession of Carrick, and Lord Percy, with a strong garrison, held Turnberry Castle. Bruce was thunderstruck at the intelligence; but making a sudden attack on a party of English that lay close at hand, he created a momentary panic, and, under advantage of that, made good his retreat into the mountains. The war became desultory and undecided; and two of Bruce's brothers, Thomas and Alexander, as they were bringing over a band of Irish adventurers to his assistance, were taken prisoners by Duncan M'Dowal, a chief of Galloway, and being conducted to King Edward, were instantly ordered for execution.

Fortune still continued to pursue Bruce. He could only preserve himself by hiding in the hills and wastes of Galloway, till, on the 10th of May, he succeeded at Loudon Hill in completely defeating the Earl of Pembroke. Three days after, he again defeated the English under the Earl of Gloucester, and pursuing them to the castle of Ayr there besieged them.

Meantime, Edward had been advancing by slow marches northward. Though it is not distinctly stated by the historians, there is little doubt that his health was giving way when he first received at Winchester the news of the Scottish rising. He had immediately sent off the Earl of Pembroke, and prepared to follow himself. He knighted his son, the Prince of Wales, with great ceremony, preparatory to his taking part in the expedition, who, in turn, knighted, on the 22nd of May, 270 young men of noble family. At the feast given on this occasion, in the Palace of Westminster, Edward made a solemn vow to God to avenge the death of Comyn, and punish the insurgent Scots; and at this time he conjured his son, and the whole company, in the event of his death, to keep his body unburied until this vow was accomplished. Thus he had the probability of death in his thoughts at the outset of this expedition, and he advanced in it with the tardiness of a sick man. It was the commencement of July when he arrived at Carlisle, where the news of Bruce's fresh successes, and the defeat and close besiegement of his generals, had the effect of rousing his irritable temperament to a desperate effort. He threw aside the litter in which he had hitherto travelled, mounted his horse, and having reached, on the 7th of July, the village of Burgh-by-Sands, he sank completely exhausted, with his latest breath, and with a tenacity of purpose characteristic of the man, enjoining his successor, through the ministers who surrounded him, never to cease his efforts till he had thoroughly subjugated Scotland.

Thus terminated the remarkable career of this truly great man, in the sixty-ninth year of his age, and the thirty-fifth of his reign. Since the days of Richard I. there had been no martial monarch of equal bravery and ability; since those of Henry II. none who had the same genius for civil administration and the framing of laws and institutions which gave not only a character to his own times, but to the ages which came after him. Hume does not hesitate to assert that "the enterprises of this prince, and the projects which he formed and brought near to a conclusion, were more prudent, more regularly conducted, and more advantageous to the solid interests of his kingdom, than those which were undertaken in any reign, either of his ancestors or successors." However we may be disposed to modify this praise in regard to what Edward actually carried out, there can be no question that his perception of the vast advantages which would result to every part of the island from its consolidation into one kingdom was evidence of a great and comprehensive genius; and the ardour, based on an indomitable spirit of perseverance, with which he pursued that great end, is equal evidence of a mind, not only of the clearest acumen, but of the loftiest qualities of human nature. He succeeded in winning to the English nation, and amalgamating with it for ever, the principality of Wales; and if he failed in effecting the annexation of Scotland, it was only through being actuated more by the military spirit of the times than by those moral and political influences which later generations have discovered to be the most effectual. It was beyond the intellectual horizon of the age to aim at the union of the kingdoms by the careful demonstration of the greater mutual advantages, and of the infinitely expanded capabilities of glory and power to Britain as a whole, which were applied successfully four centuries afterwards.

By seeking to accomplish the union of England and Scotland by the forces most familiar to the spirit of that era--that is, by the power of arms and numerical ascendency--his scheme, grand and beneficent in itself, necessarily failed. The plan was premature; it existed in the nature of things, but it lacked that philosophical regard to national character and feeling, and that tone of mutual forbearance, which it required centuries yet to ripen. The rude idea of bearing down a brave and high-spirited people by armed power and arbitrary will could not but irritate those on whom the attempt was made; and it then became a question of moral forces, and of the natural defences of the country, whether it should succeed. It succeeded in Wales, though after a brave resistance, because there was no proportion between the extent and the physical resources of the two countries. It failed in Scotland, because the areas of the two contending kingdoms, though greatly unequal, were yet more approximate; and because the martial qualities and spirit of proud independence had been long fostered in Scotland by the arduous contests of different clans and parties. The Scots were a hardy and an heroically brave people, with their magnificent mountains at their back; and, in their struggles with the ponderous power of England, discovered an invincible vigour, not only of resistance, but of resilience. Though hurled violently to the earth time after time, they rose, Antæus-like, as if with augmented strength and freshness. While the two nations, therefore, heated by contest and the savage warfare of that age, learned to hate one another with a vigorous and long-continuing hatred, they learned also to know each other's strength, and inwardly to respect it. Therefore, after the battle of Bannockburn, English dreams of the subjugation of Scotland began to wane, and though there still were many bloody wars between the two nations, there ceased to exist on each side the hope of conquest by mere force of arms.

In these conflicts, good as well as evil was elicited, and the bravery and spirit of dominion which distinguish united Great Britain no doubt draw a large amount of their life from the mutual struggles and rivalries of the two peoples. In the very attempts, therefore, of Edward to add Scotland to the kingdom by force, as he did Wales, he may be said to have laid the foundation of much of the common greatness of the nation; but from incidental causes arising out of his military attempts, both in Scotland and France, and still more from his directly constructive talent and wisdom, we owe to him much which we are apt to lose sight of in the blaze of his wars and expeditions. He was as remarkable for his sturdy maintenance of the laws as for his military ambition. Simple and frugal himself, he was ever ready to support useful enterprises. He was liberal of his treasures on such occasions. Easy and affable to his courtiers and dependents, he was yet severe in restraining licence and punishing offenders. His fine person and skill in military exercises made him popular with the people, when he did not press too heavily on them by his expensive wars; and thus, relying on his sense of justice, they were not backward in expressing their opinions, as we have seen. Though he was extremely cruel to the Jews--a feature of his character springing from the prejudices of his age--and often forgot the magnanimity of a great monarch in his resentment against those who successfully thwarted his plans, as in the case of Sir William Wallace and others, his sense of justice in his calmer moments and in his peaceful pursuits was so great, that he not only encouraged an honourable administration of the laws, but corrected and amended them, and added so many new ones, in accordance with the progress of society, that he has been termed the English Justinian. Sir Edward Coke, in his "Institutes," says that the statutes passed in his reign were so numerous and excellent that they actually deserved the name of establishments, being more constant, standing, and durable than any made from his reign to the time of that great lawyer; and Sir Matthew Hale pays him the like compliment, declaring that down to his own day they had scarcely received any addition.

Edward I. was the greatest of our mediæval lawgivers, and has been well called by Bishop Stubbs "the definer of the English constitution." Following in the steps of Henry II., he aimed at giving equal security to all, to humble the great nobles and the great churchmen, and to elevate the third estate of the realm--the commons--as a counterpoise to the other two. The spirit of his legislation can best be seen in the provisions of the most important statutes of the reign. That known as the First Statute of Westminster, passed by his first Parliament in 1275, revived and re-established the former laws and customs of the land. It is, says Bishop Stubbs, "almost a code in itself." Common right was to be done to all, without respect of persons; elections were to be free; and the provisions of the Great Charter concerning excessive fines, abuses of wardship, excessive demands for feudal aids, and so forth, were re-enacted. The Statute of Winchester, passed in 1285, was a complement to the Assize of Arms of Henry II., and, besides ordering and defining what kind of arms each class of the people should bear for the defence of the land, made admirable arrangements for the indictment and pursuit of felons and robbers, the policing of the walled towns, and the clearing of the edges of public roads to prevent them from becoming the lurking-places of highwaymen. The Statute, known, from its opening words, as that of _Quia Emptores_, passed in 1290, enacted that in all future transfers of land the tenant should hold, not from the alienor, but from his superior lord. It thus played into the hands of the king, who was the landlord _par excellence_, and established a numerous class of independent gentry, holding their estates directly from the crown. The second Statute of Westminster, called that _De donis conditionalibus_, established the power of entail, and stopped the life-tenant from alienating an estate at his will. Another important statute of the reign was that of mortmain, or _De Religiosis_, passed in 1279. This was a distinct blow at the Church, which had gained great wealth by the custom which prevailed of giving property to the Church, and receiving it back again as a tenant of the Church. It was then said to pass into a dead hand--"in mortuam manum"--and the lay over-lord was deprived of his feudal dues. This practice was now forbidden under penalty of forfeiture to the next superior lord, and if he failed to insist upon his right within a year, the right passed to _his_ over-lord, and so on to the king.

Edward's chief title, however, to the admiration and affection of posterity is that of the creator of the House of Commons. He has a formidable rival in Simon de Montfort; but it has been cogently pointed out that Simon's important Parliament of 1265, though perfect in its elements, was in reality a packed assembly, only the supporters of the existing government being summoned to attend it. It is unnecessary to say that neither Edward nor De Montfort created their assemblies at a stroke; they merely added the finishing touches to institutions which had been gradually growing to maturity, and which had their roots far back in the past. Of the machinery of the Anglo-Saxon polity, by far the most complete, and the only part that could be said to be in any sense of the word representative, was that which existed locally--the courts of the hundred and the shire. The witena-gemot was, in its latter days, at all events, a council of magnates and royal officers, and to trace any analogy or direct continuity between it and the House of Commons is misleading in the extreme. It played, however, an important part in the history of the House of Lords. William I., true to the policy of representing himself as the legitimate successor of the Confessor, made no very violent changes in the institutions of his new dominions. The witena-gemot was continued, under the name of the Great Council. Sometimes these assemblies were really national, as, for instance, in 1086 and 1116, when all landowners were summoned of whomsoever they held land; but as a rule they were composed of the great territorial nobles, both laymen and ecclesiastics. The power of these bodies, however, in the presence of such despotic monarchs as William and his sons, was little more than formal, and the convocation of such unwieldy gatherings as fully attended councils must have been, gradually became an expedient to which recourse was had on special occasions only.

By the time of Henry II. the elements of the Council had grown to be completely modified. The accepted usage of his reign was to summon the whole body of tenants holding directly from the crown (the tenants-in-chief); but except on special occasions, none but the magnates, the bishops, earls, and royal officers--"the greater barons"--were likely to attend. The Council gradually acquired organisation. We learn from Magna Charta that the "greater barons" received special summonses, addressed to them individually, while the "lesser barons" were summoned by a general writ, addressed to the sheriffs of each county. As a rule, the latter probably found that the trouble and expense of attendance were greater than their legislative zeal. This was the assembly that gave us the Great Charter, and in which during the reign of Henry III. the opposition to the royal will gained consistency and purpose under Simon de Montfort. The offshoots of the Great Council are important. The _Curia Regis_, or king's court, originally a committee of the Great Council, became first a small circle of confidential advisers, and then developed, under Henry I., into a high court of justice, with its two courts of the Exchequer and the King's Bench. The necessity of a more intimate body of ministers to advise the king upon knotty points continued, and by a process, which is exceedingly obscure, the _Royal Council_, known also as the "Perpetual" or "Ordinary" Council, was brought into being. Its chief feature was its permanence, and its importance dates from the minority of Henry III. It was in this body that the unpopular foreign advisers exercised their influence, and against which the majority of the Great Council fought. It continued to grow in importance until it developed into that powerful body, the _Privy Council_, of the era of the sovereigns of the House of Lancaster.

While the Great Council and the Royal Council were acquiring strength and authority, the idea of popular representation by means of organised estates was gradually assuming shape. The election of a few to represent the wants and aspirations of the many was by no means unknown in Anglo-Saxon times. It was, for instance, the custom of the reeve and four best men of each township to attend the county court; but there was no such body as a representative national deliberative body in existence. Parliament, in the words of Bishop Stubbs, is "the concentration of all the constituents of the shiremote in a central assembly." The Great Council contained the higher clergy and the baronage; the work was obviously to be completed by the addition of the lower clergy and the commons. Taxation was the spur which roused the nation to political life. It was felt, as the old legal maxim had it, that "what touched all should be allowed of all." The royal wants rapidly necessitated new sources of revenue, and so money was raised from personal property, or "movables." The first of these taxes was the Saladin tithe, imposed in 1188, and it soon became evident that the methods in vogue to obtain the consent of the taxed--such as the selection of a body of twelve men bound by oath, from the community of each shire to treat with the king or his representative--were slow and uncertain. Accordingly an important step was taken in 1213 when the Great Councils are found to contain other than their usual elements, one summoned to St. Albans being attended by men chosen from the towns, that to Oxford by men chosen from the shires. Again, in 1254, the sheriffs were directed to see that their several shires returned two knights, to settle what aid they were willing to give to the king; and similar instances occur during the intervening years, both sides being anxious to strengthen their case by an appeal to popular sympathy. The first instance of a combination of the representatives of the towns with those of the counties is Simon de Montfort's famous Parliament of 1265, which was attended by one hundred and seventeen dignified clergymen, twenty-three lay nobles, two men summoned from each shire through the sheriff, and two men summoned from each city and borough. It cannot, however, as we have seen, be regarded as a perfect Parliament. During the next thirty years there are many recorded instances of these immature assemblies. For instance, in 1282, there were two provincial Parliaments--one at York, and one at Northampton--in which the lower clergy and the commons were represented, but from which the lay nobility were absent. Again the gathering at Acton Burnell, held to see that David of Wales was tried, contained no clergy, and representatives only of twenty-one cities and boroughs. At last, in 1295, Edward I., surrounded by difficulties and vexations, resolved to throw himself upon the united nation. In October he issued writs for an assembly, which was a complete image of the nation, and in November it met. It was composed of ninety-seven of the greater clergy, the bishops, abbots, and priors; sixty-five earls and barons; thirty-nine judges and proctors, representing the lower clergy; and representatives of the counties, cities, and boroughs, summoned through the sheriff. It is most probable that the representatives of the shire were elected in the full county court, while the proceedings in the case of borough members seem to have been extremely various. No details exist of the earlier elections, except in the case of the city of London, and when we come to later times freedom of election had become seriously impaired through royal and aristocratic influence and the political lethargy of the citizens.

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Cassell's History of England, Vol. 1 (of 8)Chapter XXVIII: REIGN OF EDWARD I. (concluded) (2)

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