ie tad i ad a eS et >" <4 > Se ret | Say! & McGILL UNIVER- es SG a lees. LIBRARY Mor. (3eakleoch oes == ‘ ¥ ¥ ; wl s é ’ a v = >. / £ wi ; - : , AB veel ¥ fo ‘ ie if) “a Mi . ‘ ot 2 y ‘A oe . THE ial = THE H fF 8.4. BY QO F EN Gt AN. DB FROM The Invasion of JULIUS. CHSAR ae The REVOGEWEEON am: 1688. In SEX VOLUMES. Se ce Se rene Secor By DAVID HUME, Ef. ANEW EDITION,. Corrected. er pC CA “A RE a ES SA ————— EO: 8 bo]: Printed: for A. Miuuar,. in the Strand.. M DCC LXII. ier: tiem Settlement of the government Civil adminiftration of the King——Conqueft of Wales C0 CNG Be LN o-S. Ole > Oe se gee @ i 5 Ho: Boa OR oe III. General pacification ——-Some commotions Fiubert de Burgh difplaced chefter minifter King’s partiality to foreigners aftical grievances-———Ear! of Cornwal eletted King of the Romans tent of the barons Simon de Mounifort earl of Leicefter Death of the Protettor The bifbop of Win- Grievances Ecclefi- Difcon- Provifions of Oxford Ufurpation of the barons Prince Edward ——Civil wars of the barons Reference to the King of France Renewal of the civil wars Battle of Lewes Houfe of Commons Battle of Evefham and death of Leicefter Settlement of the government —— Death and chara&er of the King Mifcellaneous tranfadions of this reign. Page 1 CH A P. Xiil. Eo oe -W. Aa oe D I. Affairs of Scotland—— Competitors for the crown of Scctland- Reference to Edward- Homage of Scotland—— Award of Edward in favour of Baliol War with France Digrefiion concerning the conftitution of parliament War with Scotland—— — Scotland fubdued——War with France Diffenfions with the clergy- Arbi- trary meafures——Peace with France Revolt. of, Scotland That kingdom again fubdued——again revolis is again fubdued Robert Bruce I bird revolt of Scotland—— Death and charaéter of the Keng — Mifcellaneous trai]- aélions of this reign. | 69 Crees. P, Weaknefs of the King War wih Scotlan Tnfiitution of the garter gare Lil fuccefs of the Englifo—- Death of the prince of Wales CONTENT & CH A P. UXT. ee © ee ee D II. His paffion for favourites ——Piers Gavafton Murder of Gavajton —War wiih Scotland Battle of Bannockburn —Hugh le Defpenfer — Civil commotions Con/piracy againft the King —-— Execution of the earl of Lancafter Inlurrestion———The King dethroned Murdered —His charatier —— - Mifcellaneous tranfacitons in this reign. 126 Di/- a ® content of the barons CHAP. XV. Be po We «ASE D its J———— Execution of the-ear! of Kent-——Execution of Mortimer, earl of March State of Scotland ————Wear with that kingdom King’s claim to the crown of France ——— Preparations for war with France— War Re- ———— Naval vitiory Domeftic difturbances —~ Affairs of Brittany newal of the war with France—~—Invafion of France ——Batile of Crecy —— War with Scotland ——Captivity of the King of Scots——Calais taken. 15 CHAP. XVI. State of France——Batile of Poittiers ——Captivily of State of that kingdom—— Invajfion of France Peace of. Expedition into Caftile Rupture with France Death ——— and | charaéter of the King —~Mifcellaneous tranfaétions in this reign. 206: the King ef France \ Pretioni—— State of Trance C Hi AP; XVII. S71 oee A RD. OL Government during the minority-—— Infurreéiion of the common people Difcontent of the barons——Civil commotions————Expulfion or execution of the King’s mini- fters ¢ O N fF EN 4S. fitrs-——mCabals of the duke of Glocefter-———Murder of the duke of Glocefter Banifbment of Henry duke of Hereford Return of Henry General infurrec- tion———Depofition of the King His murder His charaéter Mi/cella- neous tranfactions during this reign. 245 CHAP. XVIII. HE “NoeR GY “SV; Title of the King———An infurrection An infurreétion in Wales The earl of Northumberland rebels Battle of Shrew/bury——State of Scotland Parha- mentary tranfations—— Death —— and charaéier of the King. 282 CHAP. XX. HE ON Rese The King’s former diforders His reformation——The Lollards Punifbment of lord Cobham State of France Invafion of that kingdom—— Battle of Azin- cour State of France——New invafion of France Affaffination of the duke of Burgundy Treaty of Troye Marriage of the King His death and charailer—— Mifcellancous tranfactions during this reign. 298 GibA PS SA; H Sa KY VIL Government during the minority State of France——Military operattons———-—< Battle of Verneuil Siege of Orleans The maid of Orleans The fieze of Orleans raifed~—The King of France crowned at Rheims Prudence of the duke of Bedford——Execution of the maid of Orleans ——Defeétion of the duke of Burgundy——Death of the duke of Bedford——Decline of the Englifh in france ——— Truce with France—— Marriage of the King with Margaret of Anjou Murder of the duke of Glocefier State of France——Renewal of the war witb France The Englifh expelled France, 323 ia AL. FON Tf EW TS. CH AP. XXI. Claim of the duke of York to the crown -————The earl of Warwic—— Impeachment of the duke of Suffolk His banifbment and death Popular infurretiion The parties of York and Lancafter ——Fir/t armament of the duke of York Firft battle of St. Albans -Battle of Blore-heath——of Northampton A parliament—— Battle of Wakefield——Death of the duke of York Battle of Mortimer’s Crofs —— Second battle of St. Albans Edward lV. affumes the crown Mifcellaneous iranfaétions of this reign. 360 C.HuA P,. AA. ED “Wh Row Sy. Battle of Touton Henry efcapes into Scotland———A pariiament Battle of Hex- bam Henry taken prifoner, and confined to the Tower King’s marriage with the lady Elizabeth Gray Warwic difgufted Alliance with Burgundy— Infurrettion in York/kire— Battle of Banbury Warwic and Clarence banifb- og——-Warwic and Clarence return——Edward lV. expelled Henry V1. reftored——Edward \V. returns Battle of Barnet, and death of Warwiu—— Battle of Teukefbury, and murder of prince Edward—— Death of Henry Vi.—— Invafion of France——Peace of Pecquigni————Trial and execution of the duke of Clarence Death and charaéter of Edward \V. 285 CHAP, XXIll. EDWARD V. and RICHARD IIL. Edward V.——State of the court ——The earl of Rivers arrefied—— Duke of Glo- cefer protctor- ——— Execution of Lord Haftings The protefior aims at the crown—— Affumes the crown—— Murder of Edward V. and of the duke of York —— Richard W.—— Duke of: Buckingham difcontented The earl of Rich- mond ——— Buckingham executed ——LInvafion by the earl of Richmond Battle of Bofworth Death and charaéier of Richard Ill. 419. THE THE . Ree ee i OP eee OF nonnaonennoaessedbddeececoosovscsonsees H. Baw RY... OL eA. Xl, General pacification—Death of the Pro- The bifbop Grievan- Settlement of the government tector Some commotions—Hubert de Burgh difplaced of Winchefter mimfter King’s partiality to foreigners ces Ecclefiaftical grievances Earl of Cornwal eleéted king of the Romans Difcontent of the barons Simon de Mountfort earl of Letcefter Provifions of Oxford—Ufurpations of the barons— Prince Edward—Ctivil wars of the barons—Reference to the king of France— Renewal of the civil wars Battle of Lews—Houfe of Commons— Battle of Evefham and death of Leicefter Settlement of the govern- ment Death and character of the king Mifcellancous tranf- actions of this reign. IT. 7 OST fciences, in proportion as they encreafe and improve, invent Chap. X hich they facilitate their reafonings ; and employi ots methods by which they facilitate their reafonings ; and employing ge- neral theorems, are enabled to comprehend in a few propofitions an ls infinite number of inferences and conclufions. Hiftory alfo, being a collection of facts, which are multiplying without end, is obliged to adopt fuch arts of abridge- ment, to retain the more material events, and to drop all the minute circum- Vou. Il. B {tances, 2 Hi St Oo RX or ENGLAND. Chap. XII. ftances, which are only interefting during the time, or to the perfons engaged 1219 5) the tranfactions. This truth ‘s no where more evident than with regard to the reign, wpon which we are going to enter, What mortal could have the patience to write or read a long detail of fuch frivolous events as thofe with which. it is filled, or attend to a tedious narrative which would follow, thro’ a feries of fifty- fix years, the caprices and weaknefles of fo mean a prince as Henry? The chief reafon, why proteftant writers have been fo anxious to fpread out the inci- dents of this reign, is in order to expofe the rapacity, ambition, and artifices of the court of Rome, and to prove, that the great dignitaries of the catholic church, while they pretended to have nothing in view_but the falvation of fouls, had bent all their attention to the acquifition of riches, and were reftrained by no fenfe of juftice or honour, in the purfuit of that great object *. But this conclufion would readily be allowed them, tho’ it were not illuftrated by fuch a detail of uninterefting incidents ; and follows indeed, by an evident neceflity, from the ve.« ry fituation, in which that church was placed with regard to the rett of Europe, For befides that all ecclefiaftical power, as it can always cover its operations un- der a cloak of fanétity, and attacks men on the fide where they dare not employ their reafon, lies lefs under controul than civil government ; befides this general caufe, I fay, the Pope and his courtiers were foreigners to moft of the churches which they governed; they could not poffibly have any other object but to pil- lage the provinces for prefent gain; and as they lived at a diftance, they would be little awed by fhame or remorfe, in practifing every Jucrative expedient, which was fuggefted to them. England being one of the moft remote provinces, at- tached to the Romifh hierarchy, as well as one of the richeft, and the moft prone to fuperftition, felt feverely during this reign, while its patience was not yet fully exhaufted, the influence of thefe caufes; and we fhall often have occafion to touch curforily upen fuch incidents. But we fhall not attempt to comprehend every tranfaction tran{mitted to us ; and till the end of the reign, when the e- vents become more memorable, we fhall not always obferve an exact chronologi- cal Order in our narration. Settlement of + He earl of Pembroke, who, at the time of John’s death, was marifchal of the govern- England, was by his office at the head of the armies, and confequently, during nt, * a a ftate of civil wars and convulfions, at the head of the ftate; and it happened fortunately for the young monarch, and for the nation, that the power could not have been intrufled into more able and more faithful hands. This nobleman, who had maintained his loyalty unfhaken to John during the loweft fortune of that monarch, determined to fupport the authority of the infant prince; and he ® M. Paris, pe 623, was = ee ae eee was not difmayed with the number and_ violence of his enemies. Senfible, that Chap. XII. Henry, according to the prejudices of the times, would not be deemed fove- Y> ch reign, till crowned and anointed by a churchman ; he immediately carried the young prince to Glocefter, where the ceremony of coronation was performed, in the prefence of Gualo, the legate, and a very few noblemen, by the bifhops of Winchefter and Bath*. As the concurrence of the papal authority was requifite to fupport the tottering throne, Henry was obliged to {wear fealty to the pope, and renew that homage, to which his father had already fubjeéted the kingdom 7 : Aad in order to enlarge the authority of Pembroke, and give him a more regu- lar and legal title to it, a general council of the barons was foon after fummoned 4t Briftol, where that nobleman was chofen protector of the kingdom. Premproxe, that he might reconcile all men to the government of his pupil, made him grant anew a charter of liberties, which, tho’ moftly copied from the former conceflions, extorted from John, contains fome alterations, which maybe deemed remarkable t. The full privilege of elections in the clergy, granted by John the former King, was not confrm’d, nor the liberty of going out of the kingdom, without the royal confent: Whence we may conjecture, that Pem- broke and the barons, zealous of ecclefiaftical power, were defirous of renew- ing the King’s claim to iffue a congé d’elire to the monks and chapters, and thought it requifite to put fome check on the frequent appeals to Rome. But what may chiefly furprize us is, that the obligation, to which John had fubjected himfelf, of obtaining the confent of the great council before he levied any aids or fcutages from the nation, was omitted’; and this article was even declared hard and fevere, and was exprefsly left to future deliberation. But we muft confider, that, tho’ this limitation may perhaps appear to us the moft momentous in the whole charter of John, it was not regarded in that light by the antient barons, who were more jealous of particular acts of violence in the crown than of fuch general impofitions, which, unlefs they were evidently reafonable, and necefiary, could fcarce, without a general confent, be levied upon men, who had arms in their hands, and who could repel any act of oppreffion, by which they were all immediately affected. We accordingly find, that Henry, in the courfe of his reign, while he gave frequent occafions for complaint, with regard to the viola- tions of the great charter, never once attempted, by his mere will, to levy any. aids or fcutages 3 though he was often reduced to great neceffities, and was re- fufed fupplies by his people. So much eafier was it for him to tranfgrefs the * M, Paris, p. 200. Hit. Croyf. Con. p. 474- W. Heming. p. 562, Trivet, p. 168." + M, Paris, p. 200. t Rymer, vol. 1. p. 215. B 2 law, i210. 28th O€. 11th Nov. A, Chap, XII. 1216. 4 HISTORY or ENGLAND. law, when individuals alone were affected, than even to exert his acknowledged prerogatives, where the intereft of the whole body was concerned. Tuts charter was again confirmed by the King in the enfuing year, with the aldition of fome articles to prevent the oppreffions of fherifis: And alfo with an additional charter of forefts, a circumftance of great moment in thofe ages, when hunting was fo much the occupation of the nobility, and when the King compre- hended fo confiderable a part of the kingdom within his forefts, which he governed by peculiar and arbitrary laws. All the forefts, which had been enclofed fince the reign of Henry the fecond, were defaforefted ; and new perambulations were ap- pointed for that purpofe: Offences in the forefts were. declared to be no longer capital ; but punifhable by fines, imprifonments, and more gentle penalties: And: all the proprietots of land recovered the power of cutting and ufing their own. wood at their pleafure. , Tuus, thefe famous charters were brought very nearly to the fhape, in whicht they have ever fince ftood ; and they were, during many generations, the darling: of the whole Englith nation, and efteemed the moft facred rampart to national. liberty and independance. As they fecured the rights of all orders of: men, they: were regarded with a jealous eye by all, and became the bafis, in. @.manner, of: the Englith monarchy, and a kind of original contract, which both limited the: authority of the King, and enfured the conditional allegiance of his fubjects.. Tho’ often violated, they were ftill claimed and recalled by the nobility and people - and as no precedents were fuppofed valid, that infringed them, they rather: ac-. quired, than loft authority, from the frequent attempts, made againft them in: feveral ages, by regal and arbitrary power. Wuite Pembroke; by renewing and confirming the great charter, gave fo much fatisfaction and fecurity to the nation in general, he alfo applied himfelf- fuccefsfully to individuals; and. wrote letters, in the King’s name, to all the malecontent barons; in which he reprefented to them, that whatever jealoufy and: * animofity they might have entertained againft the late King, a young prince, the- lineal heir of their antient monarchs,. had: now fucceeded to the threne,. without fucceeding either to the refentments or principles of his predeceffor: That the defpérate expedient which they had employed, of calling in a foreign potentate, had, happily for them as well as for the nation, failed of entire fuccefs, and it: was {till in their power, by a quick return to their duty, to reftore the indepen-. dance of the kingdom, and to fecure that liberty, for which they fo zealoufly: contended : That as all paft offences of the barons were now buried in oblivion, they ought, on their part, to forget their complaints againft their late fovereign, who, if he had been any wife blameable in his conduct, had left to his fon the 4 falutary Sire’ atthe) 5 Boag Skbea? § Hil. A falutary warning, to avoid the paths, which had led to fuch fatal extremities: And Chap. XII. that having now obtained a charter for their liberties, it was their intereft to fhow, 1210. by their conduct, that that acquifition: was not incompatible with their allegiance, and that the rights of King and people, fo far from being hoftile and oppofite, might mutually fupport and fuftain each other * Tiirse confiderations, enforced by the character of conftancy and fidelity, which Pembroke had ever maintained, had a mighty influence on the barons; and moft of them began fecretly to negotiate with him, and many of them openly return- ed to their duty. The diffidence, which lewis difcovered of their fidelity, for- warded this general propenfion towards the King ; and when the French prince refuled the government of the caftle of Hertford to Robert Fitz-Walter, who had been fo active againft the !ate King, and who claimed that fortrefs as his. nicht and property; they all plainly faw, that the Enelifh were excluded from every truft, and that foreigners had engrofied all the confidence and affection of their new fovereignt. The excommunication too, denounced by the legate, againft all Lewis’s adherents, failed not, in the turn which mens difpofitions had taken, to operate a mighty effect upon them ; and they were eafily perfuad- ed to confider a caufe as impious and profane, for which they had already en- tertained an unfurmountable averfion[. Tho’ Lewis made a journey to France, and brought over frefh fuccours from that kingdom §, he found, on his return, that his party was {till more weakened by the defertion of his Englifh confede- rates, and that the death of John, had, contrary to his expectation, given an in- curable blow to his caufe. The earls of Salifbury, Arundel, and Warrenne, to-- gether with William Marefhal, eldeft fon of the protector, had embraced Hen- ry’s party; and every Englifh nobleman was plainly watching an opportunity of returning to his allegiance. Pembroke was fo much ftrengthened by thefe acceffions, . that he ventured to inveft Mount-forel; tho’, upon the approach of the count. de Perche with the French army, he defifted from. his enterprize, and raifed the. fiege ||. The count de Perche, elated with this fuccefs, marched to Lincoln; and being admitted into the town,. be began to attack the caftle, which. he foonr » educed to extremity. The protector fammoned all his forces from every quarter + +n order.to relieve a place of fuch importance ; aod he appeared fo much fuperi-. or to the French, that they fhut themfelves up within the city, and refolved to. take fhelter behind the walls 4. But the garrifon of the caftle, having re-- * Rymer, vol, 1. pe 245+ Brady’s App. N°. 143. + M. Paris, p. 200, 202% +t M. Pari, p.200. M. Weft. p. 277+ § Chron, Dunfty vol. 1. p.79. M. Welt, p. 277. \| ©. Paris, . Pp. 2036, 4 @hron, Dunft, vol. 1. ps 81. ceived: i Chap. XII. 1216, General paci- fication, 6 HIS TO ReY @F ENGLAN D. ceived a ftrong reinforcement, made a vigorous fally upon the befiegers; while the Englifh army, by concert, affaulted them in the fame inftant from without, mounted the walls by fcalade, and bearing down all refiftance, entered the city fword in hand. Lincoln was delivered over to be pillaged ; the French army was totally routed; the count de Perche, with only two perfons more, was kill- ed, but many of the chief commanders and about 400 knights were made pri- foners by the Englifh{. So little blood was fhed in this important action, which decided the fate of one of the moft powerful kingdoms of Europe; and fuch wretched foldiers were thofe antient barons, who yet were unacquainted with every thing but arms. Prince Lewis was informed of this fatal event, while employed in the fiege of Dover, which was ftill valiantly defended againft him by Hubert de Burgh. He immediately retreated towards London, which was the center and life of his par- ty; and he there received intelligence of a new difafter, which put an end to allhis hopes. A French fleet bringing over a {trong reinforcement, had appeared on the coaft of Kent, when they were attacked by the Englifh under the com- mand of Philip d’Albiney, and were routed and repulfed with confiderable lofs. D’ Albiney practifed a ftratagem againft them, which is faid to have contribut- ed to the victory: Having gained the wind of the French, he came down upon them with violence; and throwing in theif faces a great quantity of quick-lime, which he purpofely carried on board, he fo blinded them, that they were difabled from defending themfelves *. Arrer this fecond misfortune of the French, the Englith barons hafted every where to make terms of peace with the protector, and by an early fubmiffion, £0 prevent thofe forfeitures, to which they were expofed on account of their re- bellion. Lewis, whofe caufe was now totally defperate, began to be anxious for the fafety of his perfon, and was glad, on any honourable conditions, to make his efcape from a country, where he found, that every thing was now become hoftile to him. He concluded a peace with Pembroke, promifed to evacuate the kingdom, and only ftipulated in return, an’indemnity to his adherents, and s reftitution of their honours and fortunes, together with the free and equal en- joyment of thofe liberties, which had been granted to the reft of the nation y. Thus, was happily ended a civil war, which feemed to be founded on the molt incurable hatred and jealoufy, and threatened the kingdom with the moft fatal confequences, _ tM. Paris, p. 204, 205. Chron. de Mullr. p. 195. * M. Paris, p. 206. Ann. Waverl. p. 182, W.. Heming. p. 563. Trivet, p. 169. M. Welt. p. 277. Knyghton, p. 2428. + Rymer, vol. 1 p.221. M. Paris, p. 207. Chron, Dunft. vol. 1. p. 83. M. Welt. p. 278. Knyghion, p. 2429. THE ae ee a ie eS rae ve ee af 3 . :) et ey ~~ |; eee ees. Be Sere: & ITT. "7 Tue precautions, which the King of France ufed in the conduct of this whole Chap. XII. affair, are remarkable. He pretended, that his fon had accepted of the offer vat. from the Enelifh barons, without his advice, and contrary to his inclination : The armies fent to England were levied in Lewis's name: When that prince came over to France for aid, his father publickly refufed to grant him any affiftance, and would not fo much as admit him to his prefence: Even after Hen- ry’s party acquired the afcendant, and Lewis was in danger of falling into the hands of his enemies, it was Blanche of Caftile his wife, not the King his father, who raifed armies and equipped fleets for his fuccour *.. All thefe artifices were employed, not to fatisfy the Pope ; for he had too much penetration to be fo eafily impofed on: Nor yet to deceive. the people ; for they were too grofs even for that purpofe: They only ferved for a colouring to Philip's caufe; and in public affairs, men are often better pleafed, that the truth, tho’ known to every body, fhould be wrapt up under a decent cover, than if it were expofed: in open day-light to the-eyes of all the world. , Arter the expulfion of the French, the prudence and equity of the protector’s fubfequent conduét, contributed to cure entirely thofe wounds, which had been made by ‘nteftine difcord. He received the rebellious barons into favour; ob- ferved ftriétly the terms of peace, which he had granted them ; reftored them to their poffeffions 5 and endeavoured, by an equal behaviour, to bury all paft ani- rofities in perpetual oblivion. The clergy alone, who had adhered to Lewis, were fufferers in this revolution... As they had rebelled againft their fovereign> the Pope, by difregarding the interdict and excommunication, it was not in Pem- broke’s power to make any ftipulations ‘1 their favour; and Gualo, the legate, prepared to take vengeance on them for their difobedience +. Many of them were depofed ;| many fufpended ; fome banifhed ; and all who efcaped punifh- ment, made atonement for their offences, by paying large fums to the legate, who amafied an immenfe treafure-by this expedient, Tun earl of Pembroke furviyed not long the pacification, which had been’ pesth of the chiefly owing to his wifdom and valour]; and he was fucceeded in the govern- protector. ment, by Peter, bifhop of Winchefter, a Poicteven, and Hubert ce Burgh, high jufticiary. The councils of the latter were chiefly followed ; and had he poffef- fed equal authority in the kingdom with Pembroke, he feemed to be every way worthy of filling the place of that virtuous citizen. But the licentious and pOW= some com- erful barons, who had once broke the reins of fubjection to their prince, and motions, * WV. Paris, p. 256. Chron, Dunft. vol. 1, p. 82. Brady’s App.. N°. 144.. Chron. P- 25 y 5 4APF 4 Dunft. vol. 1. p. 33. t+ M, Paris, p. 210, g : had Chap. XII. 1216. $ HISTORY or ENGLAN D. ‘had obtained ‘by violence an enlargement of their liberties and independance, could ill be reftrained by laws under a minority ; “and the people, no lefs than the King, fuffered from their outrages and diforders. ‘They retained by force the royal caftles, which they had ufurped during the paft convulfions, or which had been committed to their cuftody by the protector *: They ufurped the de- mefnes +: They oppreffed their vaffals: They infefted their weaker neighbours : And they invited all diforderly people to enter in their retinue, and live upon their lands; and they gave them protection in all their robberies and extortions. No one was more infamous for thefe violent and illegal practices than the earl of Albemarle, who, tho’ he had early returned to his duty, and had been very ferviceable in expelling the French, augmented to the utmoft of his power the general licence, which prevailed ; and committed outrages in all the counties of the north. In order to fupprefs his diforders, Hubert feized an opportunity of setting pofieflion of Rockingham caftle, which Albemarle had garrifoned with his licentious retinue: But this nobleman, inftead of fubmitting, entered into a fecret confederacy with Fawkes de Breauté, Peter de Mauleon, and other barons, and both fortified the caftle of Biham for his defence, and made himfelf mafter by furprize of that of Fotheringay. Pandulf, who was reftored to his legatefhip in the place of Gualo, was active in fuppreffing this rebellion ; and with the concur- rence of eleven bifhops, he denounced the fentence of excommunication againft Albemarle and his adherents: An army was levied: A fcutage of ten fhillings a knight’s fee was impofed on all the military tenants: Albemarle’s affociates oradually deferted him: And he himfelf was obliged at laft to fubmit to mercy. He received a pardon, and was reftored to his whole eftate. Tuis impolitic lenity, too frequent in thofe times, was probably the refult of a.combination among the barons, who never could endure to fee the total ruin of one of their own order: But it encouraged Fawkes de Breauté, a man whom King John had raifed from a low origin, to perfevere in the courfe of violence, to which he had owed his fortune, and to fet at newght all law and juftice, When thirty-five verdicts were at one time found againft him, on account of his violent expulfion of fo many freeholders from their pofleffions; he came to the court of juflice with an armed force, feized the judge who had pronounced the fentences, and imprifoned him in Bedford caftle. He then levied open war againft the King; but being fubdued, and taken prifoner, his life was eranted him; but his eftate was cenfifcated, and he was banifhed the kingdom §. * Trivet, p 174. + Rymer, vol. 1. p. 276. { Chron. Dunft. vol. 1. p. 102. § Rymer, vol. 1. p. 298. M. Paris, p, 221, 224. Ann. Waverl. p. 188. Chron, Dunft. vol. 1+ p 141, 146, M. Weit. p. 283. Justice ° > ane ee ay _ = at ery eas 3, x Rie eee fore: cae Cec ee te 9 Justice was executed with greater feverity againft diforders lefs premeditated, which broke out in the city of London. A frivolous emulation in a match of wreftling, between the Londoners on the one hand, and the inhabitants of Welt- minfter and thofe of the neighbouring villages on the other, occafioned this com- motion. The former rofe in a body, and pulled down fome houfes belonging to the abbot of Weftminfter: But this riot, which, confidering the tumultuous dif- pofition familiar to that capital, would have been little regarded, feemed to be- come more ferious, by the fymptoms, which then broke out of the former at- tachment of the citizens to the French intereft. The populace, in the tumult, made ufe of the cry of war commonly employed by the French troops ; smount- joy, mountjoy, God belp us and our lord Lewis. The jufticiary made enquiry into the diforder; and finding one Contftantine Fitz-Arnulf to have been the ring- leader, an infolent man, who juftifed his crime in Hubert’s prefence, he pro- ceeded againft him by martial law, and ordered him immediately to be hanged, without trial or form of procefs. He alfo cut off the feet of fome of Conftan- tine’s accomplices *. Tuts act of power was complained of as an infringement of the great charter : Yet the jufticiary, in a parliament, fummoned at Oxford (for the great councils began about this time to receive that appellation) made no fcruple to grant in the King’s name a renewal and confirmation of that charter. When the aflembly made application to the crown for this favour; as a law in thofe times feemed to lofe its validity, if not frequently renewed ; William de Briewere, one of the council of Regency, was fo bold as to fay openly, that thefe liberties were extort- ed by force, and ought not to be obferved : But he was reprimanded by the arch- bifhop of Canterbury, and was not countenanced by the King or his chief mini- fters +. A new confirmation was demanded and granted two years after; and an aid, amounting to a fifteenth of all moveables, was given by the parliament, tn return for this indulgence t. The King iffted writs anew to the fheriffs, com- manding the obfervance of the charter; but he inferted a remarkable claufe im the writs, that thofe who payed not the fifteenth, fhould not for the future be eati- tled to the benefit of thofe liberties §.° Tue low ftate, into which the crown was now fallen, made it requifitefor agood minifter to be attentive to the prefervation of the royal prerogatives, as well as to the fecurity of public liberty. Hubert applied to the Pope, who had always ereat authority in the kingdom, and was now confidered as its fuperior lord ; and defired him to iffue a bull, declaring the King to be of full age, and catitled to * M. Paris, p. 217, 218, 259- Annal. Waverl. p.187. Chron. Dunft, vol.i, p. 129. + M. Welt. p. 282. + M. Paris, p. 223. Ann. T. Wykes, p. 40. Chron. Dunft. vol.-i. p. 151. M. Welt. p.284. Kuyghton, p. 2430. § Clauf. gq. H. 3. msg, and m. 6.4. Vou. I, & | exercile Chap. XU. 1Z22. ib HISTORY ofr ENGLAND. Chap. XIL. exercife in perfon all the acts of royalty *. In confequence of this declaration, ; 1222, the jufticiary refigned into Henry’s hands the two important fortrefles of the Tower and Dover caftle, which had been entrufted to his cuftody; and required the other barons to imitate his example. ‘They refufed compliance: The earls of Chefter and: Albemarle, John Conftable of Chefter, John de Lacy, Brian de l’Ifle, and William de Cantel, with fome others, even formed a confpiracy to furprize London, and met in arms at Waltham with that intention: But finding the King prepared for defence, they defifted from their enterprize. When fum- moned to court, in order to anfwer for their conduct, they fcrupled not to appear, and to confefs their defion : But they told thc ssing, that they had no bad inten- tions againft his perfon, but only againft Hubert de Burgh, whom they were de- i] termined to remove from his ofice +. They appeared too formidable to be chaf- om” tifed ; and they were fo little difcouraged by the failure of their firft enterprize, that they met again in arms at Leicefter, in order to feize the King who then re- fided at Northampton: But Henry, informed of their purpofe, took care to be fo well armed and attended, that the barons found it dangerous to make the at- tempt; and they fat down and kept their Chriftmas in his neighbourhood t. The archbifhop and the prelates, finding every thing tend towards a civil war, inter- pofed with their authority, and threatened the barons with the fentence of excom- munication, if they perfifted in detaining the King’s caftles. This menace at laft prevailed: Moft of the fortreffes were furrendered; tho’ the barons complained, that Ff{ubert’s caftles were foon after reftored to him, while the King ftill kept theirs in his own cuftody. ‘There are faid to have been 11165 caftles at that time in England §. Ir muft be acknowledged, that the influence of the prelates and the clergy was often of very great fervice to the public. Tho’ the religion of that age can merit no other name than that of fuperftition, it ferved to unite together a body of men who had great fway over the people, and who kept the community from falling to pieces, from the factions and independant power of thenobles. And what was of great Confequence ; it threw a mighty authority into the hands of men, who by their profeffion were averfe to arms and violence ;. who tempered by their me- diation the general difpofition towards. military enterprizes ; and who ftill main- tained, even amidft the fhock of arms, thofe fecret links, without which it is impoffible for human fociety to fubfift. Notwitusranpine thefe inteftine commotions in England, and the precari- ous authority of the crown, Henry was obliged to carry On war in France, and * M. Paris, p. 220. + Chron, Dunft. vol. i. Ps 397. {t M. Paris, p. 221. Chron, Dunk. vol. i. p. 138. § Coke’s Comment. on Mag, Charta, chap. 17. J he } : BiB Ne BS Se. 1 he employed to that purpofe the fifteenth which had been granted him by parlia- ment. Lewis the eighth, who had fucceeded to his father, Philip, inftead of at- tending to Henry’s claim, who demanded the reftitution of Normandy and the. other provinces, wrefted from Fngland, made an irruption into Poictou, took Rochelle * after a long fiege, and feemed determined to expel the Englifh from the few provinces, which yet remained to them. Henry fent over his uncle, the earl of Salifbury ; together with his brother prince Richard, to whom he had eranted the earldom of Cornwal, which had efcheated to the crown. Salifbury ftopt the progrefs of Lewis's arms, and retained the Poictevin and Gafcon vaflals in their allegiance : But no military action of any moment was performed on either fide. Theearl of Cornwal, after two years ftay in Guienne, returned to England. Tuts prince was nowife turbulent or factious in his difpofition: His ruling paffion was to amafs money, in which he fucceeded fo well as to become the richeft prince in Chriftendom: Yet his attention to gain fometimes threw him into acts of violence, and gave difturbance to the government. here was a manors which formerly had belonged to the earldom of Cornwal, but had been given away to Waleran de Ties, before Richard had been invefted with that dignity, and while the earldom remained in the hands of the crown. Richard claimed this manor, and expelled the proprietor by force: Waleran complained: The King ordered his brother to do juftice to the man, and reftore him to his rights : The earl faid; that he would not fubmit to thefe orders, till the caufe was decided againft him by the judgment of his peers: Henry replied, that it was firft requi- fite to reinftate Waleran in poffeffion, before the caufe could be tried ; and he re- iterated his orders to the earl +, We may judge of the flate of the government, when this affair was like to produce a civil war. The earl of Cornwal, finding Henry peremptory in his demands, affociated himfelf with the young earl of Pembroke, who had married his fifter, and who was difcontented on account of the King’s requiring him to deliver up fome royal caftles which were in his cufto- dy. Thefe two noblemen took into their confederacy the earls of Chctter, We- renne, Glocefter, Hereford, Warwic, and Ferrars, who were all difeufted on a like account ¢. The malecontents affembled an army, which the King had not the power or courage to refift; and he was obliged to give his brother fatisfac- tion, by grants of much greater importance than the manor, which had been the firtt ground of the quarrel §, | Tue charaéter of the King, as he grew to man’s eftate, became every day better known, and was found in every circumftance totally unqualified for main- * Rymer, vol. i. p. 269, ‘Trivet, p. 179. + M. Paris, p. 233. t M. Paris, p. 237, “ § M. Paris, p. 233. C2 | taining Chap. XIf, 1222. 1227. Chap. XII. 1227. Hubert de Burgh dif- placed. 12 TTS FO KRY = oF ENGLAND. taining a proper fway among thofe turbulent barons, whom the feudal conftitu- tion fubjected to his authority. Gentle, humane, and merciful even to a fault, he feems to have been fteady in no other circumftance of his character; but to have received every impreffion from thole who furrounded him, and whom he loved, for the time, with the moft imprudent and moft unreferved affection. Without a€tivity or vigour, he was unfit to conduét war; without policy or art, be was ill fitted to maintain peace : His refentments, tho’ hafty and violent, were not dreaded, while he was found to drop them with fuch facility ; his friendfhips were little valued, becaufe they were neither derived from choice, nor maintained with conftancy. A proper pageant of {tate in a regular monarchy, where his mi- nifters could have condutted all affairs in his name and by his authority ; but too feeble in thofe diforderly times to fway a fcepter, whofe weight depended entirely on the firmnefs and dexterity of the hand, which held it. Tue ableft and moft virtuous minifter, whom Henry ever poffeffed, was Hu- bert de Burgh *; a man who had been fteady to the crown in the moft difficult and dangerous times, and who yet fhewed no difpofition, in the height of his power, to enflave or opprefs the people. ‘The only exceptionable part of his con- du& is that which is mentioned by Matthew Paris +, if the fact is really true,, and proceeded from Hubert’s advice, the recalling publickly and anntlling the charter of forefts, a conceffion fo reafonable in itfelf, and fo paffionately claimed. both by the nobility and people: But it muft be confeffed, that this meafure is fo unlikely, both from the circumftances of the times and character of the mi- nifter, that there is great reafon to doubt of its reality, efpecially as it 1s men- tioned by no other hiftorian, Hubert, while he enjoyed his authority, had an entire afcendant over Henry, and was loaded with honours and favours beyond any other fubject. Befides acquiring the property of many caftles and ma- nors, he married the eldeft fitter of the King of Scots, was created ear] of Kent, and by an unufual conceffion; was made chief jufticiary of England for life: Yet Henry, in a fudden caprice, threw off this faithful minifter, and expofed him to the violent perfecutions of his enemies. Among other frivolous crimes ob- jected to him, he was accufed of gaining the King’s affections by enchantment,. and of purloining from the royal treafury a gem, which had the virtue to ren- der the wearer invulnerable, and of fending this valuable curiofity to the prince of Wales ft. The nobility, who hated Hubert on account of his zeal in refum- ing the rights and pofieflions of the crown, no fooner faw the opening, than they inflamed the King’s animoficy againft him, and pufhed him to feek. the total * Ypod. Neuftrie, p. 464. + P.232. M. Weft. p. 216. af{cribes this council to Peter Bi- fhop of Winchefler, +t M. Paris, p. 259. ruin - ~~ ey Oe — —— << + HB: SN. Bork II. 13 ruin of his minifter. Hubert took fanctuary in a church: The King ordered him to be dragged from thence: He recalled thofe orders: He afterwards: re- newed them: He was obliged by the clergy to reftore him to the fanétuary: He conftrained him foon: after to furrender himfelf prifoner, and he confined him to the caftle of the Devifes.. Hubert made his efcape, was expelled the kingdom, was again received into favour, recovered a great fhare of the King’s confidence, but never fhowed any inclination of re-inftating himfelf in his power and authority *. Chap. XIE. 1231. Tue man, who fucceeded him in the government of the King and kingdom, pithop of was Peter des Roches, bifhop of Winchefter, a Poictevin by birth, who had been Winchefter raifed by the late King, and who was no lefs diftinguifhed by his arbitrary prin- ciples and violent conduct, than by his courage and abilities. This prelate had been left by King John jufticiary and regent of the kingdom during an expedi- tion which that prince made into France 5 and his illegal adminiftration was one chief caufe of that great combination among the barons, which finally extorted from the crown the charter of liberties, and laid the foundation of the Englifh conftitution. Henry, tho’ incapable, from his character, of purfuing the jame violent maxims, which had governed his father, had imbibed the fame arbitrary principles; and in profecution of Perter’s advice, he invited over a great number of Poiétevins and other foreigners, who, he believed, could more fafely be trufted than theEnglifh, and who feemed requifite to counterbalance the great and inde- pendant power of the nobility +. Every office and command was beftowed on thefe ftrangers ; their rapacity exhaufted the revenues of the crown, already too much impoverifhed {; they invaded the rights of the people; and their info- lence, flill more provoking than their power, drew on them the hatred and envy of all orders of men in the kingdom 4. Tue barons formed a combination againft this odious miniftry, and withdrew from their attendance in parliament; on pretence of the danger, to which they were exoofed from the machinations of the Poictevins. When again fummoned to attend, they gave for anfwer, that the King fhould difmifs his forergners from court: Otherwife they would drive both him and them out of the kingdom, and put thecrown on another head, more worthy of wearing it |}: Such was the {tyle, which tiey ufed to their fovereign! They at laft came to parliament, but fo well attended with armed followers, that they feemed in a condition to prefcribe laws to the King and miniftry. Peter de Roches, however, had in the interval found means of fowing diffenfion among the barons, and of bringing over to his * M. Paris, p. 259, 260, 261, 266, Chron. I’, Wykes, p. 41,42. Chron. Danf. vol.i, p. 220; 221. M. Welt. p. 291, 301. + M. Paris, p. 263, t Chron, Dunft. vol. i. p. 15. § M, Paris, p. 258, || M. Paris, p. 205. party minifter. 1233» t4 HISTORY of ENGLAND. Chap. XII. party the earl of Cornwal, as well as the earls of Lincoln and Chefter. The con- 1253+ federates were difconcerted in their meafures: Richard, earl Marifchal, who had facceeded to that dignity on the death of his brother, William, was chaced into Wales; he thence withdrew into Ireland ; where he was. treacheroufly murdered by the contrivance of the bifhop of Winchefter *. The eftates of the more ob- noxious barons were confifcated, without leeal fentence or trial by their peers + 5 and were beftowed with a profufe liberality on the Poiétevins. Peter even carried his infolence fo far as to fay publickly, that the barons of England muft not pre- tend to put themfelves on the fame footing with thofe of France, or aflume the fame liberties and privileges: The monarch had a more abfolute power- in the one country than in the other. It would have been more juttifiable for him to fay, that men, fo unwilling to fubmit to the authority of laws, could with the worfe erace claim any fhelter or protection from them. Wuew the King, at-any time, was checked in his illegal practices, and the au- thority of the great charter was objected to him, he was wont toreply; ‘* Why fhould I obferve a charter, which is neglected by all my grandees, both prelates and nobility ?” It was very reafonably replied. ‘* You ought, fir, to fet them the example.” [| | So violent a miniftry as that of the bifhop of Winchefter, could not be of long duration ; but its fall proceeded at laft from the influence of the church, not from the efforts of the nobles. Edmond, the prefent primate, came to court, attended by many of the other prelates ; and reprefented to the King the pernicious mea- {ures embraced by Peter des Roches, the difcontents of his people, the ruin of his affairs; and after requiring the difmiffion of the minifter and his affoci- ates, threatened him with the fentence of excommunication, in cafe of his re- fufal. Henry, who knew that an excommunication, fo agreeable to the fenfe of the people, could not fail of operating the moft dangerous effects, was obliged to fubmit: Foreigners were banifhed: The natives were reftored to their place in council §: The primate, who was a man of prudence, and who took care to execute the laws and. obferve the charter of liberties, bore the chief {way in the government. 2 But the Englihh in vain flattered themfelves that they would be long free from 122 > 7 > 2 rr e e a rath January, the dominion of foreigners, The King, having married Eleanor, daughter to the King’s parti. count of Provence ||, was furrounded bya great number of ftrangers from that coun- acta try, whom he careffed with the fondeft affeCtion, and enriched by an imprudent * Chron. Dunft. vol.i. p. 219. | + M. Paris, p. 265. t M. Paris, p. 609. § M. Paris, Pp. 271, 272+ } Rymer, vol.i, p. 448. M. Paris, p. 286, 5 gene- a oe “4 Hy. abs De eR EE Ill. I5 re] generofity *. The bifhop of Valence, a prelate of the houfe of Savoy, and ma- ternal uncle to the queen, was his chief minifter; and employed every art to amafs wealth for himfelf and his relations, Peter de Savoy, another brother of the fame family, was invefted in the honour of Richmond, and received the rich wardfhip of earl Warenne : Boniface de Savoy was promoted to the fee of Can- terbury : Many young ladies were invited over from Provence, and married to the chief noblemen of England, who were the King’s wards +: And as the fource of Henry’s bounty began to fail, his Savoyard miniftry applied to Rome, and ob- tained a bull; permitting him to refume all paft grants ; abfolving him from the oath, which he had taken to maintain them ; even enjoining him to make fuch a refumption, and reprefenting thefe grants as invalid, on account of the pre- judice which enfued from them to the Roman pontiff, in whom the fuperio- rity of the kingdom was vefted ¢. ‘The oppofition, made to the intended re- fumption, prevented it from taking effect; but the nation faw the indignities, to which the King was willing to fubmit, in order to gratify the avarice of his foreign favourites. About the fame time, he publifhed in England the fentence of excommunication, denounced againft the emperor Frederic, his brother in law §; and faid in excufe, that, being the Pope’s vafial, he was obliged by his allegiance to obey all the commands of his holinefs. In this weak reign, when any neighbour infulted the King’s dominions, inftead of taking revenge for the injury, he complained to the Pope as his fuperior lord, and begged him to give protection to his vafial | Tue refentment of the Englifh barons rofe high at the preference given to fo- reigners; but no remonftrances and complaints could ever prevail on the King to abandon them, or even to moderate his attachment towards them. After the Provengals and Savoyards might have been fuppofed pretty well fatiated with the dignities and riches, which they had acquired, a new fet of hungry foreigners were invited over, and fhared among them thofe favours, which the King ought in policy, to have conferred on the Englifh nobility, by whom his government could have been fupported and defended... His mother, Habella, who had been unjuftly taken by the late King from the count de la Marche, to whom fhe was betrothed, was no fooner miftrefs of herfelf by the death of her hufband, than fhe married that nobleman | ; and fhe had born him four fons, Guy, William, Geotirey, and Aymer, whom fhe fent over into England to pay a vifit to their brother. ‘The good-natured and affectionate difpofition of Henry was moved at * M, Paris, p, 235, 301, 305, 316, sat. ©M. Welt. p. 302, 304. + M, Pari %iX7. 5 = Oo ‘ r ~ a + : = . a ‘ ~ 4. ea } . noe t M. Paris, Pp 295> 301. § Rymer, vol, l, Pp» BOA | Chron, Dunft. vol, i. p, 150, 1 Trivet, p. 174. Chap. XII. 1230, Grievances» Chap. XIL, the fight of fuch near relations ; 1247. 11ST O RY -or ENGLAND. and he confidered neither his own circumftances, © f his people, in the honours and riches, which he conferred upon them * Complaints rofe as loud againft the credit of the Gafcon as ever they had done againft that of the Poiétevin and Savoyard favourites ; and to a na- tion prejudiced againtt them, all their meafures appeared criminal and exception- able. Violations of the great charter were frequently mentioned ; and it is in- deed more than likely, that foreigners, ionorant of the laws, and relying on the boundlefs affections of a weak prince, would, in an age, when a regular admi- niftration was not any where known, pay more attention to their own prefent in- cereft than to the liberties of the people. It is reported, that the Poictevins and other ftrangers, when the laws were at any time appealed to, in oppofition to their oppreffions, fcrupled not te reply, What did the Englifh laws fiznify to them ? T bey minded them not. And as words are often more offenfive than actions, this open contempt of the Englifh tended much to aggravate the general difcontent, and made every act of violence, committed by the foreigners, appear not only an injury, but an affront to them tes I RECKON not among the violations of the great charter fome arbitrary exer- tions of prerogative, which Henry’s neceffities obliged him to practife, and which, without producing any difcontent, were uniformly continued by all his fucceffors, rill the laft century. As the parliament often refufed him fupplies, and that in a manner fomewhat rude and indecent f, he obliged his opulent fubjyects, particu- larly the citizens of London, to grant him loans of money; and it is natural +o imagine, that the fame want of occonomy, which reduced him to the neceffity of borrowing, would prevent him from being very punctual inthe payment §, He demanded benevolences or pretended voluntary contributions from his nobility and prelates ||. He was the firft Kine of England fince the conqueft, who could fairly be faid to lye under the reftraint of Jaw ; and he wasalfo the firft who practifed the difpenfing power, and employed the famous claufe of Non obftante in his grants and patents, When objections were made to this novelty, he replied, that the Pope exercifed that authority; and why might he not imitate the example ? But the abufe, which the Pope made of his difpenfing power, in violating the canons of general councils, in invading the privileges and cuftoms of all particular churches, and in ufurping on the rights of patrons, was more likely to excite the jealoufy of the people, than to reconcile them to a fimilar prac- tice in their civil government. Roger de Thurkefby, one of the King’s juttices, 16 nor the humours o * M. Paris, p.4g1. M. Weft. p. 338. Knyghton, p. 2436. + M, Paris, p. 566. 666. Ann. Waverl. p. 214. Chron. Dunft. vol. 1. p. 225, + M, Paris, p. 301. § M. Paris, p, 400, was H EN R Y III. 17 was fo difpleafed with the precedent, that he exclaimed, /as / what times are We fallen into? Behold, the civil court is corrupted in imitation of the ectlefiaftical, and the river is poifoned from that fountain. Tur King’s partiality and profufe bounty to his foreign relations, and to their friends and favourites, would have appeared more tolerable to the Englith, had any thing been done meanwhile for the honour of the nation, or had Henty’s enterprizes in foreign countries, been attended with any fuccefs or glory to him- felf or to the public: At leaft, fuch military talents in the King would have ferv- ed to keep his barons in awe, and have given weight and-authority to his govern- ment. But tho’ he declared war againft Lewis IX. in 1242, and made an expedition into Guienne, u; on the invitation of his father-in law, the count de la Marche, who promifed to join him with all his forces; he was unfuccefsful in his attempts againft that great monarch, was worfted at Tillebourg, was defert- ed by his allies, loft what remained to him of Poictou, and was obliged to re- turn, with fome lofs of honour, into England*, The Gafcon nobility were at- tached ‘to the Englifh government; becaufe the diftance of their fovereign allow- ed them to remain in a ftate of almoft total independance: And they claimed, fome time after, the King’s protection againft an invafion, which the King of Caf- tile made upon that territory. Henry returned into Guienne, and was more fuc- cefsful in this expedition ; but he thereby involved himfelf and his nobility in an enormous debt, which both increafed their difcontents, and expofed him to greater danger from their enterprizes T. Want of oeconomy and an ill judged liberality were Henry’s great defects ; and his debts, even before this expedition, had become fo troublefome to him, that he fold all his plate and jewels, in order to difcharge them. When this ex- pedient was firft propofed,. he afked, where he would find purchafers? It was re- plied, the citizens of London. On my word, faid he, if the treafury of Augufius were brought to market, the citizens are able to be the purchafers: T befe clowns, who affume to themfelves the name of barons, abound in every thing, while we are reauced to necefities t. And he was thenceforth obferved to be more forward and greedy in his exactions upon the citizens §. ws in wo But the grievances, which the Englifh had reafon to complain of in the Civil poctefiatical government during this reign, feem to have been ftill lefs grievous than thofe grievances. which they underwent from the ufurpations and exactions of the court of Rome. On the death of Langton in 1228, the monks of Chrift-church clected Walter de * M. Paris, p. 3935 394 398) 399» 405- W.- Heming. p. 574. Chron. Danit, vol. i. Pp. 153. + M, Paris, p. 614, t M. Paris, p. 501. § M. Paris, pe 501, 507, 518, 578; §06, 625, 648. 3 Vou. Il. D Hemefham, Chap. XII. 3 25-3 r8 His TOR YT oF ENGLAN D. Hemefham, one of their own body, for his fucceffor : But as Henry refufed to confirm the election, the Pope, at his defire, annulled it*; and immediately ap- pointed Richard, chancellor of Lincoln, for archbifhop, without waiting for a new election. On the death of Richard in 1231, the monks elected Ralph de Neville bifhop of Chichefter; and tho’ Henry was much pleafed with the elec- tion, the Pope, who thought that prelate too much attached to the crown, af- fumed the power of annulling his ele&tion +. He rejected two clergymen more, whom the Monks had fucceffively chofen ; and. he at laft told them, that, if they would eleé&t Edmond, treafurer of the church of Salifbury, he would con- firm their choice ;. and his nomination was complied with. The Pope had the prudence to appoint both times very worthy primates; but men could not forbear obferving his intention of thus drawing eradually to himfelf the right of beftowing that important dignity. Tue avarice, however, more than ambition of the fee of Rome, feems to have been in this age the ground of general complaint; and the papal minifters, find- ing, a vaft ftock of power, amafled by their predeceffors, were defirous of turn- ing it to prefent profit, which they enjoyed at home, rather than of enlarging: their authority in diftant countries, where they never intended to refide. Eve- ry thing was become venal in the Romih tribunals; fimany was openly practifed ; no favours and even no juftice could be obtained without a bribe; the higheft bidder was fure to have the preference,. without, regard either to the merits of the perfon or of the caufe; and befides the ufual perverfions of right in the decifion. of controverfies, the Pope openly aflumed an abfolute and uncontrouled authority: of fetting afide, by the plenitude of his apoftolic power, all particular rules and: privileges of patrons, churches and convents}. On pretence of remedying: thefe abufes, Pope Honorius, in 1226, complaining of the poverty of his fee as the fource of all grievances,. demanded from every cathedral two of the beft pre- bends, and from every convent two monks portions, to be fet apart as a perpe- tual. and fettled revenue of the papal crown; but all men being fenfible, that the revenue would continue for ever, and the abufes immediately return, his demand: was unanimoufly rejected §, About three years after, the Pope demanded and obtained the tenth of all ecclefiaftical revenues, which he levied ina very oppre(- five manner; requiring payment before the clergy had drawn. their rents or tythes, and fending about ufurers, who advanced them the money at exorbitant intereft }. In the year 1240, Otho, the legate, having in vain attempted the ® M. Paris, p. 244. + M. Paris, p. 254. t M. Paris, p. 290, 308, 3455.375>. 421, 469, 483, 537,609. Ann. Burt. p. 309. M. Weft. p. 305, 3.435 333s 336. § M. Paris, p- 226, 227, 228, Chron. Dunft. vol. i. p. 161, M, Weft. p, 284. | M. Paris, p. 248, clergy. Haun: Ra Bo: 7a, 19 clergy in a body, obtained feparately, by intrigues and menaces, large fums from the prelates and convents, and on his departure is faid to have carried more money out of the kingdom than he left in it*. This experiment was fenewed four years after with equal fuccefs by Martin the Nuncio, who brought from Rome powers of fufpending and excommunicating all clergymen, that refufed to comply with his demands}. The King, who relied on the Pope for the fupport of his tottering authority, never failed to countenance thefe exactions r Meranwuite, all the chief benefices of the kingdom were conferred on Italians; great numbers of that nation were fent over at one time to be provided. for; non- refidence and pluralities were carried to an enormous height ; Manfel, the King’s chaplain, is computed to have held at once feven hundred ecclefiafticallivings $5 and the abufes became too great and palpable even for the blindnefs and patience of fuperftition any longer to endure them. The populace, ‘entering in- to affociations, rofe in tumults againft the Italian clergy; pillaged their barns wafted their fields; infulted the perfons of fuch of them as they found in the kingdom ||; and when the jutticiaries made enquiry into the authors of this difor- der, the guilt was found to involve fo many, and thofe.of fuch high rank, that it pafied unpunifhed. At laft, when Innocent IV. in 1245, called a general council at Lyons, in order to.excommunicate the emperor Frederic, the King and nobility fent over agents to complain before the council of the avarice of the Romifh church; and they reprefented among many other grievances, that the benefices of the Italian clergy in England had been eftimated, and were found to amount to 60,000 marks |. a year, a fum which exceeded the annual revenue of the crown itfelf*. They obtained only an evafive anfwer from the Pope; but as mention had been made before the council, of the feudal fubjection of Eng- land to the fee of Rome, the Englith agents, at whofe head was Roger Bigod, earl of Norfolk, exclaimed againft that pretenfion, and infifted, that King John had no right, without the confent of his barons, to fubject the kingdom to fo ig- nominious a fervitude+. The Popes indeed, afraid of carrying matters too far againft England, feem thenceforth to have little infifted on that exorbitant pre- tenfion. * M, Paris, -p. 3552 360, 361, 366, 371. + M. Paris, po434- t M. Paris, p- 376, 612, 613. & M. Paris, p.575. M. Weft. p. 383. | Rymer, vol. i. p. 323. 'M. Paris, p. 255, 257- Ann. Burt. p, 280, 291. Chron, Dunft. vol. i. p. 207- + Innocent’s bull in Rymer, vol. i. p. 471. fays only 50,000 marks a year. * M. Paris, p. 451. ‘The cuf- toms were part of Henry’s revenue, and amounted to 6000 pounds a year: They were at firdt {mall fums paid by the merchants for the ufe of the King’s warehoufes, meafures, weights, &c. See Gil- - bert’s hiftory of the Exch. p.. 214. + -M. Paris, -p. 460. D 2 THis Chap. XI. 1253. chee “ee ZO HIST‘OR YT’ oF ENGLAND. Chap: XI. *! ‘Turs check, received at the council of Lyons, was not able to ftop the court 1253- 1258. of Rome in its career: Innocent exaéted the revenues of all vacant benefices, the twenticth of all ecclefiaftical revenues without exception; the third of fuch as ex- ceeded a hundred marks a year; the half of fuch as were poffeffed by non-refi- dents*. He clainied the goods of all inteftate clergymen +; he pretended a title to inherit all money got by ufury; he levied voluntary contributions from the people ; and when the King, contrary to his ufual practice, prohibited thefe ex- actions, he threatened to denounce againft him the fame cenfures, which he had emitted againft the emperor, Frederic f{. Bur the moft oppreflive expedient, employed by the Pope, was the embark- ing Henry in an enterprize for the conquett of Naples, or Sicily on this fide the Fare, as it was called; an affair, which threw much difhonour on the King, and involved him, during fome years, in great expence and trouble. The RKo- mifh church, taking advantage of favourable incidents, had reduced the kingdom of Sicily to the fame ftate of feudal vaffilage, which he pretended to extend over England, and which, by reafon of the diftance, as well as high fpirit of this lat- ter kingdom, fhe was not able to maintain. After the death of the emperor, Frederic Il. the fucceffion of Sicily ‘devolved to Conradine, grandfon to that monarch ; and Mainfroy, his natural fon, under pretence of governing the king- dom during the infancy of the prince, had formed: a fcheme of eftablifhing his own authority. Pope Innocent IV. who had carried'on violent war againft the emperor, Frederic, and endeavoured to difpoflefs him of his Italian dominions, fill continued hoftilities againft his grandfon; but being difappointed in all his. fchemes by the aétivity and artifices of Mainfroy, he found, that his own force alone was not fufficient to bring. to a happy iffue fo great an enterprize. He pretended to difpofe of the Sicilian crown, both as fuperior lord of that parti- cular kingdom, and as vicar of Chrift, to whom all kingdoms of the earth were fubjected ; and he made a tender of it to Richard earl of Cornwal, whofe im- menfe riches, he flattered himfelf would be able to fupport the military opera- tions againft Mainfroy. As Richard had the prudence to refufe the prefent §, he applied to the King, whofe levity and thoughtlefs difpofition gave him more hopes of fuccefs ; and he offered him the crown of Sicily for his fecond fon, Ed- mond |. Henry, allured by fo magnificent a gift, without reflecting on the con- fequences, without confulting either with his brother or the parliament, accepted of this infidious propofal ; and gave the Pope unlimited credit to. expend what- * M. Paris, p. 480. Ann. Burt. p. 305, 373: + M. Paris, p. 474. t M. Paris, p. 4706 § M, Paris, p. 650. | Rymer, p. 502, 512, 530+ M. Paris, p. 599, 613: ever HM wkic N. Rew? Il, ar ever fums he thought neceflary for compleating the conquett of Sicily. Innocent, Chap. XII. who was engaged by his own ‘nterefts to. make war with Mainfroy, was glad to = *%5>" carry on his enterprizes at the expence of his ally: Alexander IV. who fuc- ceeded him in the papal throne, continued the fame policy : And Henry was furprized to find himfelf on a fudden involved in an immenfe debt, which he had never been confulted in contracting. The fum already amounted to 135,54" marks befide intereft *; and he had the profpect, if he anfwered this demand, of being foon loaded with more exorbitant eXpenices ; if he refufed it, of both in- curring the Pope’s difpleafure, and of lofing the crown of Sicily, which he hoped foon to have the glory of fixing on the head of bis fon, He applied to the parliament for fupply ; and that he might be fecure of not meeting with oppofition, he fent no writs to the more refractory barons: But even thofe who were fummoned, fenfible of the ridiculous cheat, impofed by the Pope, determined not to lavifh their money on fuch chimerical projeéts, and making a pretext of the abfence of their brethren, they refufed to take the King’s de- mands into confideration +. ~ In this extremity the clergy were his only refource : and as both their temporal and fpiritual fovereign concurred in loading them, they were ill able to defend themfelves againft this united authority. Tue Pope publifhed a crufade for the conqueft of Sicily ,; and required every one, who had taken the crofs againft the infidels, or had vowed to advance mo- ney for their enterprize, to turn the war againft Mainfroy, a more terrible ene- my to the chriftian faith than any Saracen [. He levied a tenth on all ecclefiaf- tical benefices in England for three’ years ; and gave orders to excommunicate all bifhops, who made not punctual payment. He cranted to the King the goods of inteftate clergymen 5 the revenues of vacant benefices; the revenues of all non-refidents §. But thefe taxations, being levied by fome rule, were deem- ed lefs grievous, than another arbitrary impofition, which arofe from the fuggef- tion of the bifhop of Hereford, and which might have opened the door to end- lefs and intolerable abufes. Tuar prelate, who refided at the court of Rome by a deputation from the Englith church, drew bills of different values, but amounting on the whole to 150,540 marks, on.all the bifhops and abbots of the kingdom ; and granted thefe bills to Italian merchants, who it was pretended, had advanced money for the fervice of the war again{t Mainfroy |. As there was no likelihood of the Eng- lith prelates fubmitting, without compulfion, to fuch an extraordinary demand, Ru- * Rymer, vol i, p. §87- Chron. Dunft. vol, i. p. 319. + M. Paris, 614. { Rymer, vol. i, ps 547) 548, &e- § Rymer, vol. i. Pp. 5973 598: || M. Paris, p. 642, O28 Chron. T. Wykes, pe 54. ftand, Chap. XII. E255. 22 HisTORY or ENGLAND. ftand, the legate, was charged with the office of employing his authority to that purpofe; and he fummoned an affembly of the bifhops and abbots, whom he ac- quainted with the Pope’s and the King’s pleafure. Great were the furprize and in- dignation of the affembly at the impofition: The bifhop of Worcefter exclaimed that he would lofe his life rather than comply : The bifhop of London faid, that the Pope and King were more powerful than he; but if his mitre were taken off his head, he would clap on a helmet in its place *. The legate was no lefs violent on the other hand; and he told the affembly, in plain terms, that ali ecclefiattical benefices were the property of the Pope, and he might difpofe of them, either in whole or in part, ashe faw proper +. In the end, the bifhops and abbots, being Earl of Corne wal elected King of the Romans. threatened with excommunication, which made all their revenues fall into the King’s hands, were obliged to fubmit to the exaétion: And the only mitigation which the legate allowed them, was, that the tenths, already granted, fhould be accep- ted as a partial payment of the bills. But the money was ftill infufficient for the Pope’s purpofe: The conqueft of Sicily was as remote as ever: The demands which came from Rome were endlefs: Pope Alexander became fo urgent a credi- tor, that he fent over a legate into England ; threatening the kingdom with an in- terdia@, and the King with excommunication, if the arrears, which he pretended to be due to him, were not inftantly remitted {: And at laft, Henry, fenfible of the cheat, began to think of breaking off the agreement, and of refigning into the Pope’s hands that crown, which, it was not intended by Alexander, that he or his family fhould ever enjoy §. | Tue earl of Cornwal had now reafon to value himfelf on his forefight in re- fufing the fraudulent bargain with Rome, and in preferring the folid honours of an opulent and powerful prince of the blood in England, before the empty and precarious glory of a foreign dignity. But he had not always firmnefs fufficient to adhere to’ this refolution: His vanity and ambition prevailed at laft.over his prudence and his avarice; and he was engaged in an enterprize equally expenfive and vexatious as that of his brother, and not attended with much greater proba- bility of fuccefs. The immenfe opulence of Richard having’ made the Ger- man princes caft their eye on him as a candidate for the empire; he was tempt- ed to expend vaft fums of money on his election, and he fucceeded fo far as to be chofen King of the Romans, which feemed to’render his fucceffion infallible to the imperial throne. He went over into Germany, and carried out of the' kingdom no lefs a fum than feven hundred thoufand marks, if we may believe the ~ * M. Paris, p. O14. + M. Paris, p. 619. ~ Rymer, vol. i. p: 624. M. Paris, p. 648. § Rymer, vol. i. p. 630. | 2 account BYE: WR YS HE 23 sccount of fome ancient authors *, which is probably much exaggerated +. His money; while it lafted, procured him friends and partizans: But it was foon drained from him by the rapacity of the German princes; and haying no perfo- nal or family connexions in that country, no folid foundation of power, he found at laft, that he had lavifhed away the frugality of a whole life, in order to procure a folendid title, and that his abfence from Eng!and, joined to the weak- nefs of his brother’s government, gave reins to the factious and turbulent difpo- fitions of the Englifh barons, and involved his own country and family in. infi- nite calamities. Chap, XII. 1255s Tue fuccefsful revolt of the nobility from King John, and their impofinge On pifcontents him and his fucceffors limitations of the royal power, had made them feel their of the barons.. own weight and importance, had fet a dangerous precedent of refiftance, and being followed by a long minority, had impoverifhed, as well as weakened that crown, which they were at laft induced, from the fear of worfe confequences, to re- place on the head of young Henry. In the King’s fituation, either great abilities and vigour were requifite to overawe the barons, or great caution and referve to give them no pretence for complaints ; and it muft be confeffed, that this prince was poffeffed of neither of thefe talents. Fie had not prudence to choofe right mea- fures ; he wanted even that conftancy, which fometimes gives weight to wrong: ones; he was entirely abandoned to his favourites, who were always foreigners ; he lavifhed on them without diferetion his diminifhed revenue; and. finding, that his barons indulged their difpofition towards tyranny, and. obferved not to their own vaflals the fame rules which they had impofed on the crown, he was apt, in his adminif{tration, to neglect all the falutary articles of the great char- ter; which he remarked to be fo little regarded by his nobility. This condu& had extremely leffened his authority in the kingdom; had multiplied complaints again{t him ; and had frequently expofed him to affronts, and even to danger- ous attempts upon his prerogative. In the year 1244, when he defired a fup- ply from. parliament, the barons, complaining of the frequent breaches of the * M. Paris, p. 638.. The fame author, a few pages before, makes Richard’s treafures amount to little more than half the fum, p. 634. The King’s diffipations and expences, throughout his whole reign, according to the fame author, had amounted only to about 940,000 marks, p..638. _+ The fams mentioned by antient authors, who were all monks, are often improbable,. and never confiftent. But we know from an infallible authority, the public remonitrance to the council of Lyons, that the King’s revenues were below 60,000 marks a year: His brother therefore could never have. been mafter of 700,000 marks; efpecially as he did not fell his eftates in England, as we learn from the fame author: And we hear afterwards of his ordering all his woods to be cut down, in ‘order to fatisfy the rapacity of the German princes; His fon fucceeded to the earldom of Cornwal and his ather revenues. . . | great We Shap. Xik. 1205. 24 HISTORY or ENGLAND. ereat charter, and of the many fruitlefs applications which they had formerly made for the redrefs of this and .other grievances, demanded in return that he fhould give them the nomination of the great jufticiary and of the chancellor, to whofe hands chiefly the adminiftration of juftice was committed ; and, if we may credit the hiftorian *, they had formed the plan of other limitations, as well as of aflociations to maintain them, which would have reduced the King to be an abfolute cypher, and have held the crown in perpetual pupillage and dependance. The King, to fatisfy them, would agree to nothing but a renewal of the char- ter, and a general permiffion to excommunicate all the violators of it: And he received no other fupply, except their confent to levy a fcutage of twenty fhil- lings on each knight's fee for the marriage of his eldeft daughter to the King of Scotland; a burthen, which was exprefsly annexed to their feudal tenures. Four years after, in a very full parliament, when Henry demanded ‘a new fup- ply, he was openly reproached with the breach of his word, and the frequent vi- olations of the charter. He was afked, whether he did not bluth to defire any aid from his people, whom he profeffedly hated and defpifed, to whom on all occa- fions he preferred aliens and foreigners, and who groaned under the oppreffions, which he either permitted or exercifed over them. He was told, that, befides difparaging his nobility by forcing them to contract unequal and mean marriages with ftrangers, no rank of men were fo low as to efcape vexations from him or- his minifters; that even the victuals confumed in his houfhold, the cloaths which himfelf, and his fervants wore, {till more, the wine, which they ufed, were all taken by violence from the lawful owners, and no compenfation was ever made them for the injury; that foreign merchants to the great prejudice and infamy of the kingdom, fhunned the Englifh harbours, as if they were poffeffed by pyrates, and the commerce with all nations was thus cut off by thefe violences ; that lofs was added to lofs, and injary to injury, while the merchants, who had been de- fpoiled of their goods, were alfo obliged to carry them at their own charges to whatever place the King was pleafed to appoint them; that even the poor fifher- men on the coaft could not efcape his oppreffions and thofe of his courtiers, and finding that they had not the fulf liberty of difpofing of their commodities in the Enelifh market, were frequently conftrained to carry them to foreign ports, and to hazard all the perils of the ocean rather than thofe which awaited them from his oppreflive emiffaries; and that his very religion was a ground of complaint to his fubjects, while they obferved, that the waxon tapers and fplendid filks, employed in fo many vfelefs proceflions, were the fpoils which he had forcibly * M. Paris, p. 432: ravifhed, foe IN eR OS A : ravithed from the true pofleffors *. Throughout this remonftrance, in which the complaints derived from an abufe of the antient rizht of purveyance, may be fup- pofed to be fomewhat exaggerated, there appears a itrange mixture of regal ty- ranny in the practices which gave rife to it, and of ariftocratical liberty or rather licentioufnefs in the expreffions employed by the parliament. But a mixture of this kind is obfervable in all the antient feudal governments; and beth of them proved equally hurtful to the people. As the King, in anfwer to their remonftrance, gave the parliament only good words and fair promifes, attended with the moft humble fubmiffions, which they had often found deceitful, he obtained at that time no fupply; and therefore in the year 1253, when he found himfelf again under the neceffity of applying to parliament, he had provided himfelf of a new pretence, which he deemed infalli- ble, and taking the vow of a Crufade to the holy land, he demanded their affift- ance in that pious enterprize +, The parliament, however, for fome time fcrup- led compliance ; and the ecclefiaftical order fent a deputation of four prelates, the primate, the bifhops of Winchefter, Salifbury, and Carlifle, in order to remon- {trate with him on his frequent violations of their privileges, the oppreflions with which he loaded them and all his fubjeéts {, and the uncanonical and forced elections, which were made to vacant dignities. -** It is true,” replied the King, ‘¢ | have-been fomewhat faulty in this particular: J obtruded you, my lord of Can- ‘‘ terbury, upon your fee: I was obliged to employ both entreaties and menaces, ‘© my lord of Winchefter, to have you elected : My proceedings were very irregu- “© Jar, my lords of Salifbury and Carlifle, when I raifed you from the lowe(t ‘¢ ftations to your prefent dignities : I am determined henceforth to correct thefe “© errors; and it will alfo become you, in order to make a thorough reformation, to refign your prefent benefices; and try to enter again in a more regular and ‘© canonical manner §.”’? The bifhops, furprifed at thefe unexpected farcafms, replied, that the queftion was not at prefent how to correct paft errors, but to avoid them for the future. The King promifed redrefs both of ecclefiaftical and civil erievances; and the parliament in return agreed to grant him a fupply, a tenth of the ecclefiaftical benefices and a feutage of three marks on each knight’s fee: But as they had experienced his frequent breach of promife, they required that he fhould ratify the great charter in a manner ftill more authentic and folemn than any which he had ever hitherto employed. All the prelates and abbots were afflembled: They held burning tapers in their hands: The great charter was read before them: They denounced the fentence of excommunication againit eve- i * M. Paris, p. 498. See farther, p. 578. M. Wek. p. 348. + M. Paris, p. 518, 558, 568. Chron. Dunft, vol. i. p. 293. t M. Paris, p. 568. § M, Paris, p. 579: VoL, II. ! E. : ry m1, : Wir Chap. XIE. 1255s 26 HISTORY or ENGLAND. Chap. XII. ry one who fhould thenceforth violate that fundamental law: They threw their 4255- Mountfort earl of Le!- cefier. tapers on the eround, and exclaimed, May the foul of every one, who incurs this fentence, fo ftink and. corrupt in Hell! The King bore a part in this ceremony: And fubjoined ; ‘* So help me God, I will keep all thefe things inviolate, as lama “© man, as I am a Chriftian, as I ama knight, and as J ama King crowned ‘< and anointed.’* Yet was the tremenduous ceremony no fooner finifhed than his favourites, abufing his weaknefs and facility, made him return to the fame arbitrary and irregular adminiftration ; and the reafonable expectations of his. people were thus continually eluded and difappointed J. Aut thefe imprudent and illegal meafures afforded a pretence to Simon de Mountfort, earl of Leicefter, to attempt an innovation in the government, and to wreft the fceptre from: the feeble and irrefolute hand which held it. This: nobleman was a younger fon of that Simon de Mountfort, who had con- duéted with fuch valour and renown the Crufade againft the Albigenfes;.. and: who, tho? he tarnifhed his famous exploits by cruelty and ambition,. had left a: name very precious to all the bigots of that age, particularly to the ecclefiaftics. A large inheritance in. England fell by fucceffion to this family; but as.the elder brother enjoyed ftill more opulent poffeffions in France,. and could not perform fealty to two matters, he transferred his right to Simon, his: younger brother, who came over into. England,. did homage for his lands, and was raifed to the dignity of earl of Leicefter. In the year 1238, he efpoufed Eleanor dowager of William earl of Pembroke, and fifter to the King $; but the marriage of this princefs with a fubject and a foreigner, tho’ finifhed with. Henry’s confent, was joudly complained of by the earl of Cornwal, and all the barons of England; and Leicefter was fupported againft their violence, entirely by the King’s favour and authority §. But he had no fooner eftablifhed’ himfelf in his pofleffions and dig- nities, than he acquired by infinuation and addrefs, a {trong intereft with the na- tion, and gained equally the affections of all orders of men: He loft, however, the friendfhip of Henry from the ufual levity. and ficklenefs of that prince; he was banifhed the court ; he was recalled; he was entrufted with the command of Guienne||, where he did good. fervice and acquired honour; he was again dil- graced by the King, and’ his banifhment from court feemed now final and irre- vocable. Henry called him a traitor to his face: Leicefter gave him the lie, and told him, that, if he were not his fovereign, he would foon make him re- ® M. Paris, p. 580. Ann. Burt. p. 323- Ann. Waverl. p. 210. W. Heming..p. 571. M.. Welt. p. 353, + M. Paris, p. 597, 608. t M. Paris, p..314. § M.. Paris, P- 315. Rymer, vol, is p. 459) 513s = 4 : pent H .E NR. 'Y IT]. 27 pent of that infult. Yet was this quarrel accommodated either from the good nature or timidity of the King ; and Leicefter was again admitted into fome de- oree of favour and authority. But as this nobleman was become too great to preferve an entire complaifance to Henry’s humours, and to act in fubferviency to his other minions; he found more advantage in cultivating. his intereft with the miniftration, He filled every place with complaints againft the infringement of the great charter, the violences committed on the people, the combination be- tween the Pope and the King in their tyranny and extortions, Henry’s neglect of his native fubjects and barons ; and tho’ himfelf a foreigner, he was more loud than any in reprefenting the indignity of fubmitting to the dominion of foreign- ers. By his hypocritical pretenfions to devotion, he gained the favour of the zealots and clergy: By his feeming concern for public good, he acquired the af- feétions of the public: And befides the private friendfhips, which he had culti- vated with the barons, his animofity againft the favourites bred an union of in- terefts between him and that powerful order. A recent quarrel, which broke out between Leicefter and William de Valence, Henry’s half brother, and chief favourite, brought matters to extremity +, and de- termined the former to give full feope to his bold and unbounded ambition, which the laws and the King’s authority had hitherto with difficulty reftrained. He fe- cretly called a meeting of the moft confiderable barons, particularly Humphrey de Bohun, high conftable, Roger Bigod, ear! Marefchal, and the earls of War- wick and Glocefter ; men, who by their family and poffeffions ftood in the firft rank ofthe Englith nobility. He reprefented to this company the neceflity of reforming the ftate, and of putting the execution of the laws into other hands than thofe which had hitherto appeared from repeated experience, fo unfit for the charge, with which they were entrufted. He exaggerated the oppreffions of che lower orders of the ftate, the violations of the baron’s privileges, the conti- nued plunder of the clergy ; and in order to aggravate the enormity of this con- dug, he appealed to the great charter, which Henry had fo often ratified, and which was calculated to prevent for ever the return of thefe intolerable grievan- ces. He magnified the generofity of their anceftors, who, at an infinite expence of blood, had extorted that famous conceffion from the crown; but lamented their own degeneracy, who allowed fo great an advantage, once obtained, to be wrefted from them by a weak prince and by infolent ftrancers. And he infift- ed, that the King’s word, after fo many fubmiffions and fruitlefs promifes on his part, could no longer be relied on; and that nothing but his abfolute inability + M. Paris, p. 649. 2 te Chap. XI. on 1258. | Chap, XII. 1268. pith Jane. Provifions of Oxford. 28 HiSTOR Y or ENGELAN D. to violate national privileges could henceforth enfure the regular obfervance of them. TueEse topics, which were founded in truth, and fuited fo well the fentiments of the company, had the defired effeét; and the barons entered into a refolution of redrefling the public grievances, by taking into their own hands the admini- {tration of the government. The King having fummoned a parliament, in ex- pectation of receiving fupplies for his Sicilian project, the barons appeared in the hall, clad in complete armour, and with their {words by their fide; and the King on his entry, ftruck with this unufual appearance, afked them what was their meaning, and whether they pretended to make him their prifoner t * Roger Bi- god replied in the name of the reft, that he was not their prifoner, but their fo- vereign ; that they even intended to grant him large fupplies, in order to fix his fon on the throne of Sicily; that they only expected fome return for this ex- pence and fervice ; and that, as he had frequently made fubmiffions to the parlia- ment, had acknowleged his paft errors, and had ftill allowed himfelf to be carried into the fame path, which gave them fuch juft reafon of complaint, he muft now: yield to more ftriét regulations, and confer authority on thofe who were able and willing to redrefs the public grievances. Henry, partly allured by the hopes: of fupply,. partly intimidated by the union and martial appearance of the barons,. agreed to their demand; and promifed to fummon another parliament at Oxford,. in order to digeft the new plan of government, and to elect the perfons, who were to be entrufted with the chief authority. Tuis parliament, which the royalifts, and even the nation, from experience of the confufions that attended its meafures, afterwards:denominated the mad. par-: liament, met on the day appointed ; and as all the barons brought: along with: them their military vaffals, and appeared with an armed force, the King, who; had taken no precautions againft them, was in reality a prifoner in their hands,, and was obliged to fubmit to all the terms which they were pleafed to impofe: upon him. Twelve barons were felected from the King’s council ; twelve: more: were chofen by parliament: To thefe twenty-four, unlimited authority was. eranted of-reforming the ftate ; and the King himfelf took.an oath, that.he would maintain whatever ordinances they. fhould think:proper to. enact for that pur- pofe +. Leicefter was at the head of this {upreme council,. to which the legifla- tive power was thus in reality transferred ;, and all their meafures were taken by. his fecret influence and direction, Their firft ftep bore a fpecious appearance, and feemed well calculated for. the end, which. they. profefled to be the object of * Annal, Theokefbury. + Rymer, vol.i. p. 655. Knyghton,.p. 2445- Chron. Dunft. vol. i. p. 334, 1} 4 abs — He ECcNe Ri Bel 29 ali thefe innovations: They ordered that four knights fhould be cholen by each county ; that they fhould make: enquiry into the grievances of which their neigh- bourhood had-reafon to complain, and fhould attend the next enfuing parliament, in.order to give information to that aflembly of the ftate of their particular coun- ties *: A.nearer approach to our prefent conftitution than had been made by the barons in the reign of King John, when the knights were only appointed to meet in. their counties, and thereto draw up a detail of their grievances. Meanwhile, the twenty-four barons proceeded to enaét fome regulations, in.order to provide a redrefs for fuch grievances as were fuppofed. to be notorious to all the world. They ordered, that three feffions of parliament fhould be regularly held every year, in the months of February,. June, and Odtober ; that a new high fheriff. thould be elected every year by the votes of the freeholders in each county es that the fheriffs fhould have no power of fining the barons who. did not attend at their courts, or the circuits of the jufticiaries ;. that no heirs fhould be committed to the wardhip of foreigners, and no. cattles be entrufted to their cuftody ;. and that no new warrens or forefts fhould be created, nor the. revenues of. any counties or hundreds be let to farm. Such were the regulations which the twenty-four ba- rons enacted at.Oxford, for the redrefs of public grievances {. Bur the earl of Leicefter and his affociates, having advanced fo far to fatisfy. the nation, inftead of continuing in this popular courfe, or granting the King that fupply which they. had promifed him, immediately. made provifions for the ex- tenfion and continuance of their own. exorbitant authority. They rouzed anew the popular clamour, which had. long prevailed againft forcigners ; and they fell with the utmoft violence on.the King’s half brothers, who were fuppofed to be the authors of all national grievances, and whom Henry had no longer any power to protect. The four brothers, fenfible of their danger, took to flight with an intention of making their efcape out of the kingdom ; they were eagerly purfued by the barons; Aymer, one of the brothers, who had been elected to the fee of -Winchefter, took fhelter in his epifcopal palace,.and carried the others along with him ; they were furrounded in that place, and threatened to be dragged out by force, and to be punifhed for their crimes and mifdemeanors ; and the King, plead- ing the facrednefs of an ecclefiaftical fanctuary, was olad to extricate them from this 7 danger by banifhing them the kingdom §. In this act of. violence, as well as inthe former. ufurpations of the barons, the queen and her uncles-were thought to. have * M. Paris, p. 657, Addit. p. 140. Ann. Bart. p. 412. + Chron. Dunft, vol. i. p. 336. t Ann. Bart. p. 413. § M. Paris, p: 654. Ann, Bort. p. 411. Chron. T. Wykes, p, 53, W.Heming. p. 579. Chron. Dunft. p. 335. M, Welt. p, 364. Ypod. Neuft.-p. 467, Knyghton, p. 2445. . . > 2° fecrethy Chap, XIf. 12533 Chap. XII. 1263. Ufurpations of the barons. 30 Hts T ORiY of ENG LAN D.- fecretly concurred, being jealous of the credit, acquired by the brothers, which they imagined, had eclipfed and annihilated their own *. Bur the fubfequent proceedings of the twenty-four barons were fufficient to open the eyes of the whole kingdom, and to prove their intention of reducing for ever both the King and the people under the arbitrary power of a very narrow arif- tocracy, which muft at laft have terminated either in anarchy, or in a violent ufur- pation and tyranny. They pretended, that they had not as yet digefted all the regulations necefiary for the reformation of the ftate, and for the redrefs of srievances; and that they muft {till retain their power, till that great purpofe was thoroughly effectuated : In other words, that they muft be perpetual gover- nors, and mutt continue to reform, till they were pleafed to demit their autho- rity. They formed an affociation among themfelves, and fwore that they would ftand by each other with their lives and fortunes: They difplaced all the chief officers of the crown, the high jufticiary, the chancellor, the treafurer; and ad- vanced either themfelves or their own creatures in their ftead: Even the offices of the King’s houfhold were difpofed of at their pleafure: The government of all the caftles were put into hands in whom they found reafon to confide : And the whole power of the ftate being thus transferred to them, they ventured to impofe an oath on every individual of the nation; in which the fubjects were obliged to {wear, under the penalty of being declared public enemies, that they would obey and execute all the regulations, both known and unknown, of the twenty-four barons: And all this, for the greater glory of God, the honour of the church, the fervice of the King, and the advantage of the kingdom +. No one dared to withftand this tyrannical authority : Prince Edward himfelf, the King’s eldeft fon, a youth of eighteen years of age, who began to give indications of that great and manly fpirit, which appeared throughout the whole courfe of his life, was, after making fome oppofition, conftrained to take that oath, which really depofed him and his family from fovereign authority {. Earl Warrenne was the laft perfon in the kingdom, who could be brought to give the confederated barons this mark of fubmiffion. But the twenty-four barons,. not content with the ufurpation of the royal power, introduced an innovation in the conftitution of parliament, which was of the utmoft importance. ‘They ordained, that that affembly fhould choofe a com- mittee of twelve perfons, who fhould in the intervals of the feffions, poffefs the authority of the whole parliament, and fhould attend on a fummons the perfon of the King, in all his motions. But fo powerful were thefe barons, that this regulation was alfo fubmitted to; the whole government was over * Ann. Waverl. p. 210. + Chron. T. Wykes, p. 52. + Ann, Burt, p. 411. thrown << : San See San WE ae, . Boo A So Bi thrown or fixed on new foundations; and the monarchy was totally fubverted, without it being poffible for the King to ftrike a fingle ftroke in defence of. the conftitution againft the newly erected oligarchy. , Tue report that the King of the Romans intended to pay a vifit to England, gave alarm to the ruling barons; and they dreaded left the extenfive influence and eftablifhed authority of that prince would be employed to reftore the prerogatives of his family, and overturn their new plan of government *. They fent over the new bifhop of Worcefter, who met him at St. Omars, afked him in the name of the barons, the reafon of his journey, and how long he intended to ftay in Eng- land ; and infifted, that before he entered the kingdom, he fhould fwear to ob- ferve the regulations eftablifhed at Oxford. On Richard’s refufal to take this oath, they prepared to refift him as a public enemy ; they fitted out a fleet, af- fembled an army, and exciting the inveterate prejudices of the people againft: foreigners, from whom they had fuffered fo. many oppreffions, fpread the report, that Richard intended to reftore by force the authority of his exiled brothers, and to violate all the fecurities provided for public liberty. The King of the Romans was at Jaft obliged to fubmit to the terms required of him +. Bur the barons, in proportion to their continuance in power, began eradually to lofe that popularity, which had afifted them in obtaining it ; and men repined that regulations, which. were: only eftablifhed during a time for the reformation of the ftate, were likely to become perpetual, and to fubvert entirely the antient conftitution. They dreaded, that the power of the nobles, which was always oppreffive, would now exert itfelf without controul, by removing the counter- poife of the crown ; and their apprehenfions were encreafed by fome new edicts of the barons, which were plainly calculated to procure to themfelves an impu- - nity in all their violences. They appointed, that the circuits of the itinerant juftices, the fole check on their arbitrary condu&, fhould be held only once in. feven years ; and men eafily faw, that a remedy, which returned after fuch long intervals, againft an oppreflive power, which was perpetual, would prove totally infignificant and ufelefs {. The cry became loud in the nation, that the barons ; fhould finifh their intended regulations. The knights of the fhires,, who feem ; now to have been pretty regularly affembled ina feparate houfe, made remon- flrances againft the flownefs of their proceedings; they reprefented, that, though: the King had performed all the conditions required of him, the barons had hitherto - done nothing for the public good, and had been only careful to promote their own private advantage, and to commit-injury on the crown; and they even appealed. * M. Paris, p. 661: + M. Paris, p, 661, 662. Chron. I. Wykes, p. 53+ + M. Paris, p. 667. rivet; p. 209, Chap. XII. 32 WIS T.OR ¥ of BNC LAWN D. : latised hic interpolal -f rhe interefts £ rhe nation and to prince Edward, and claimed his interpofal for the intereits of the nation, al the reformation of the government *. The prince replied, that though it was from conftraint, and contrary to h to the provifions of Oxford, he was determined to obferve his oath: But he fent Y +49 . c 7A 4 ‘ dor ‘ rer — a meflage to the barons, requiring them to bring their undertaking to a fpeedy = . : 7 Hea - el, e Pi 5 ; ; conclufion, and fulfil their engagements to te public : Orherwile, ng mena them, that, at the expence of his life, he would oblige them to do their duty, is private fentiments, he had fworn to adhere and would fhed the laft drop of his blood in promoting the interefts, -and fatisfy- ing the juft wifhes of the nation Ts Tue barons, urged by fo preffing a neceflity, publifhed at laft a new code of or- dinances for the reformation of the flate {: But the expectations of the people were extremely difappointed, when they found, that thefe confifted only of fome trivial alterations on the municipal law ; and {till more fo, when the barons pre- tended, that the tafk was not yet Gnifhed, and that they muft farther prolong their authority, in order to bring the work of reformation.to the defired period, The current of popularity was now much turned to the fide of the crown ; and the barons had little more to rely on for their fupport, befides the private influence and power of their families, which, though exorbitant, was likely to prove inferior to the combination of King and people. Even this bafis of power was daily weak- ened by their inteftine jealoufies and animofities ; their antient and inveterate quarrels broke out when they came to divide the fpoils of the crown ; and the rivalfhip between the earls of Leicefter and Glocefter, the chief leaders among them, began to disjoint the whole confederacy. The latter, more moderate in his pretenfions, was defirous of ftopping or retarding the career of the barons’ ufurpations; but the former, enraged at the oppofition which he met with in his own party, pretended to throw up all concern in Englifh affairs; and he retired into France §. Tut kingdom of France, the only ftate with which England had any confiderable intercourfe, was at this time governed by Lewis 1X. a prince of the moft fin- eular character, which is to be met with in all the records of hiftory. This monarch united to the mean and abject fuperftition of a monk, all the courage and mag- nanimity of the greateft hero; and, what may be deemed more extraordinary, the juftice and integrity of the moft difinterefted patriot, the mildnefs and humanity of the moft accomplifhed philofopher. So far from taking advantage of the divi- fions of the Englifh, or attempting to expel thofe dangerous rivals from the pro- vinces, which they ftill poffeffed in France ; he had entertained many fcruples with * Annal. Burt. p. 427. + Annal. Burt. p. 427. t Annal. Burt. p. 428, 439. § Chron. Dunft, vol. i. p. 348. | regard CC ——— Se rs a, + oo ll a irre ne IIT. 23 regard to the forfeiture pronounced againft the King’s father, had even expreffed fome intention of reftoring the other provinces, and he was only prevented from taking that imprudent refolution, by the united remonftrances of his own barons, who reprefented the extreme danger of fuch a meafure *, and, what had a greater influence on Lewis, the juftice of punifhing by a legal fentence the barbarity and felony of John: Wherever this prince interpofed in Englifh affairs, it was al- ways with an intention of compofing the differences between the King and his nobility ; he recommended to both parties every peaceable and reconciling mea- fure; and he ufed all his authority with the earl of Leicefter, his native fubjec, to bend him to a compliance with Henry. He made a treaty with England, a¢ a time, when the diftractions of that kingdom were at the greateft height, and when the King’s authority was totally annihilated; and. the terms, which he granted, might, even in a more profperous ftate of their affairs, be deemed rea- fonable and advantageous by the Englifh. He yielded up fome territories which had been conquered from Poictou and Guienne; he enfured the peaceable poflef- fion of the latter province to Henry : He agreed to pay that prince a large fum of money; and he only required that the King fhould, in return, make a final ceffion to France of Normandy, and the other provinces, which he could never €ntertain any hopes of recovering by force of arms+. ‘This ceffion was ratified by Henry, by his two fons, and two daughters, and by the King of the Romans and his three fons: Leicefter alone, either moved by a vain arrogance, or defirous to ingratiate himfelf with the Englifh populace, protefted againft the deed, and in- fifted on the right, however diftant, which might accrue to his countefst. Lewis faw in this obftinacy the unbounded ambition of the man; and as the barons in- fitted, that the money which was due by treaty, fhould be at their difpofal, not at Henry’s, he alfo faw, and probably with regret, the low condition to which this monarch, who had more erred from weaknefs than malice, was reduced by the turbulency of his own fubjects. Burt the fituation of Henry changed foon after much to his advantage. The twenty-four barons had now enjoyed the fovereign power near three years ; and had vifibly employed it, not for the reformation of the ftate, which was their firft pretence, but for the aggrandizement of themfelves and of their families. The breach of truft was apparent to all the world: Every order of men felt and murmured again{t it: The diffentions among the barons themfelves, which en- creafed the evil, made alfo the remedy more obvious and eafy: And the fecret * M. Paris, p. 604. + Rymer, vol. 1. p..675.. M. Paris, p. 556. Chron. T. Wykes, p53. rive, p. 208. M. Welt. p. var { Chron, T. Wykes, p. 53, Vou. Me F defertion Chap, XII, £259: 20 May. ward. Prince: E Chap. XII. a4 WISTORY or ENGLAND. defertion in particular of the earl of Glocefter to the crown, feemed to promife Henry certain fuccefs in any attempt to refume his authority. Yet dared he not to take that ftep,. fo reconcilable both to juftice and policy, without making a previous application to Rome, and obtaining an abfolution from his oaths and € gagements. Tue Pope was at that time very much diffatisfied with the conduct of the ba- rons; who, in order to gain the favour of the people and clergy of England, had expelled all the Italian ecclefiaftics, had confifcated their benefices, and feemed determined to maintain the liberties and privileges of the Englifh church, in which the rights of patronage, belonging to their own families, were alfo included. The extreme animofity of the Englifh clergy againft the Italians, was alfo a fource of his difguft to this order ; and an attempt which had been made by them for farther liberty and independance on the civil power, was therefore lefs acceptable to the court of Rome. About the fame time, that the barons at Oxford had an- nihilated the prerogatives of the monarchy, the clergy met in a fynod at Merton, and pafied feveral decrees, which were no lefs calculated to promote their own orandeur at the expence of the crown. They decreed, that it was unlawful to try the ecclefiaftics by fecular judges; that the clergy were not to regard any pro- hibitions from civil courts; that lay patrons had no right to confer fpiritual bene- fices ; that the magiftrate was obliged, without farther enquiry, to imprifon all excommunicated perfons; and that antient ufage, without any particular grant or charter, was a fufficient authority for any clerical pofieflions or privileges *. About a century ago, thefe claims would have been fanctified by the court of Rome beyond the moft fundamental articles of faith: They were the chief points maintained by the great martyr, Becket ; and his refolution in defending them had . exalted him to the high ftation which he held in the catalogue of Romifh faints: But principles were changed with the times: The Pope was become fomewhat jea-- lous of the great independance of the Englifh church, which made them ftand lefs in need of his protection, and even emboldened them to refift his authority, and complain of the preference’ given to the Italian courtiers, whofe intereits, it is natu- ral to imagine, were the chief object of his concern. He was very ready, there- fore, on the Kings application, to. annul thefe new conftitutions of the church. of England+. And at the fame time, he abfolved the King and all his fubjects from the oath, which they had taken to obferve the provifions of Oxford {. Prince Edward, whofe enlarged thoughts, though in fuch early youth, had taught him the great prejudice, which his father had incurred, by his levity, in- * Ann, Burt..p. 389. + Rymer, vol. 1. p. 755. t+ Rymer, vol. i. p. 7226 M. Paris, p..606. W.Heming. p. 580, Ypod. Neuf. p. 468. Knyghton, p, 2445. conftancy. RGN R ok ORE 433 cconftancy and frequent breach of promife, refufed for a long time to take advan- tage of this abfolution ; and declared that the provifions of Oxford, however un- reafonable in themfelves, and however abufed by the barons, ought {till to be ad- hered to by thofe who had fworn to obferve them *: He himfelf had been con- ftrained by violence to take that oath; yet was he determined to keepit. By this fcrupulous fidelity, the prince acquired the confidence of all parties, and was after- wards enabled to recover fully the royal authority, and to perform fuch great actions both during his own reign and that of his father. Tur fituation of England, during this period, as well as that of moft Euro- pean kingdoms, was fomewhat peculiar. There was no regular military force main- rained in the nation: The fword, however, was not, properly fpeaking, in the hands of the people: The barons were entrufted entirely with the defence of the community; and after any effort, which they made, either againft their own prince, ot againft foreigners, as the military retainers departed to their own home, the armies were diflolved, and could not fpeedily be re-affembled at pleafure. It was eafy therefore, for a few barons, by a combination, to get the ftart of the other party, to collect fuddenly their troops, and to appear unexpectedly in the field with an army, which their antagonifts, tho’ equal or even fuperior in power and inte- reft, would not dare to encounter. Hence the fudden revolutions, which were obfervable in thefe governments: Hence the frequent victories obtained without a blow by one faftion over another: And hence it happened, that the feeming prevalence of a party, was feldom a prognottic of its long continuance in power and authority. Tur King, fo foon as he received the Pope’s abfolution from his oath, which was accompanied with menaces of excommunication acainft all oppofers, trutt- ing to the countenance of the church, to the fupport promifed him by many con- Gderable barons, and-to the returning favour of the people, immediately took off the mafk, and after juftifying his conduét by a proclamation, in which he fet forth the private ambition, and the breach of truft, confpicuous in Leicefter and his affociates, declared that he had refumed the government, and was determined thenceforth to exert the royal authority for the protection of his fubjects. He removed Hugh le Defpenfer and Nicholas de Ely, the high jufticiary and chan- cellor appointed by the barons; and put Philip Baffet and Walter de Merton in their place. He fubftituted new theriffs in all the counties, men of character and reputation : He placed new governors in moft of the caftles: He changed all the officers of his houfhold; He fummoned a parliament, in which the refump- * M. Paris, p. 667. F 2 : tion 1 “TT Chap. XII, »- LZ 1204. 1262. 23d April. Chap. F XI. 42062, 1263. Civil wars of long enjoyed. Many of them engaged in Leicefter’s views, and among the-reft; the barons, 36 HISTORY or ENGLAND. tion of bis authority was ratified, with only five diffenting voices: And the ba- rons, after making one fruitlefs effort, to take the King by furprize at Winchefter, were obliged to acquiefce in thofe new regulations *. Tue King, in order to cut off every objection to his conduct, offered to refer all the differences between him and the earl of Leicefter, to Margaret, queen of France +, The celebrated integrity of Lewis gave a mighty influence to any de- cifion which iffued from his court; and Henry probably hoped, that the gallan- try, on which all barons, as true knights, valued themfelves, would make them afhatned not to fubmit to the award of that princefs. Lewis entirely merited the confidence repofed in him. By an admirable conduct, probably as political as jutt, he continually interpofed his good offices to allay the civil difcords of the Englifh ; he forwarded all healing meafures, which might give fecurity to both parties: And he ftill endeavoured, tho’ in vain, to footh by perfuafion the fierce ambition of the earl of Leicefter, and to convince him how much it was his duty to fub- mit peaceably to the authority of his fovereign. Tuart bold and artful confpirator was nowife difcouraged with the bad fuc- cefs of his paft enterprizes. The death of Richard, earl of Glocefter, who was his chief rival in power, and who, -before his deceafe, had joined the royal party, feemed to open.a new field to his violence, and to.expofe the throne to frefh ine fults and injuries. It was in vain, that the King profeffed his intentions of obs ferving ftri€lly the great charter, even of maintaining all the regulations made by the reforming barons at Oxford or afterwards, except thofe which entirely an- nihilated the royal authority: Thefe powerful chieftains, now obnoxious to the court, could not peaceably refign the hopes of entire independance and uncon- trouled power with which they had flattered themfelves, and which they had fe Gilbert, the young. earl. of Glocefter, who. brought him a mighty acceffion of power, from the extenfive authority poffefied by that opulent family. Even Hen- ry, fon of the King of the Romans, commonly called Henry d’Allmaine, tho? a prince of the blood, joined the party of the barons againft, the King, the:head of his own family. Leicefter himfelf, who ftill refided ,in France, formed fe- cretly the links of this great. confpiracy, and planned the whole icheme of opea rations, Tue princes of Wales, notwithftanding the great power of the monarchs, botli of the Saxon and Norman line,. flill preferved authority in their-own country ;- and tho’ they had often been conftrained to pay tribute to the crown of Eng- .* M, Paris, p, 668, Chron. T. Wykes, p. 55. + Rymer,.vol. i. p. 724, 4, land;. ~y aes ak en Boe aR eae so Jand,, they were with difficulty retained in fabordination or even in peace; and Chap. XII. almoft throughout every reign fince the conqueft, had infefted the Englifh fron- 1263. tiers with fuch petty incurfions and fudden inroads, as feldom merited to have place in a general hiftory. The Englifh, ftill contented with repelling their in- vafions, and chacing them back into their barren mountains, had never purfued. the advantages obtained againft them, nor attempted, even under. their oreatelt: and moft active princes, a total, or fo much as a feudal fubjection of the coun-. try. This advantage was referved to the prefent King, the weake(ft and moft in- dolent. Inthe year 1237, Lewellyn, prince of Wales,. declining in years and broke with infirmities, but {till more harraffed with the rebellion and undutiful behaviour. of his fon, Griffin, had recourfe to the protection of Henry; and confenting to fubject. his principality, which had fo long maintained its indepen- dance, to vaffalage under the crown of England, purchafed fecurity and tran- quillity on thefe difhonourable terms. His eldeft fon and heir, David, renew- ed the homage to England ; and having taken his brother prifoner, delivered him into Henry’s hands, who committed him.to cuftody in the Tower. That prince, endeavouring to make his efcape from’ confinement, loft his life in the attempts and the prince of Wales, freed from the apprehenfions of fo dangerous a rivals, paid thenceforth lefs regard to the Englifh monarch, and even renewed thofe in- curfions, by which the Welch, during fo many ages, had been accuftomed to in- feft their borders. Lewellyn, however, the fon of Griffin, who fucceeded to his uncle, had been obliged to renew the homage; which was now claimed by Eng- Jand as an eftablifhed right ;. but he was well pleafed to inflame thofe civil dif- cords, on which: he refted his prefent fecurity, and founded his hopes of future independance. He entered into a confederacy with the earl of Leicefter, and collecting all: the force of his principality, invaded England with. an army of 30,000 men. He ravaged the lands of Roger de Mortimer and of all the barons, who adhered to the crown *; he marched into Chefhire,. and committed like de- predations on prince Edward’s territories ; every place, where his diforderly troops appeared, was laid wafte with fire and fword; and tho’ Mortimer, a eallant and expert foldier; made ftout refiftance, it was found neceffary, that the. prince him- felf fhould head the army againft.this invader. Edward repulfed prince Lewellyn, and obliged him to'take fhelter ‘1 the mountains of. North Wales: But he was prevented from making farther progrefs againft the enemy, by the diforders, which . foon after broke out in, England. . Tue Welfh invafion was the appointed fignal for the malecontent barons to rife in arms;. and Leicefter coming over fecretly from France, collected all the: *..Chron- Dunfts voh 1, .P. 354° - rc. <-> — = = = 7 : : : ; Li “ 4 Ure os 38 HISTORY or ENGLAN D. Chap. XII. forces of his party, and commenced an open rebellion. He feized the perfon of 1263. the bifhop of Hereford; a prelate very obnoxious to all the inferior clergy, on account of his devoted attachment to the court of Rome+. Simon, bifhop of Norwich, and John Manfel, becaufe they had publifhed the Pope’s bull, ab- folving the King and kingdom from their oaths to obferve the provifions of Ox- ford, were made prifoners, and expofed to the utmoft rage of the party. The - King’s demefnes were ravaged with unbounded fury [; and as it was Leicefter’s ; sntereft to allure to his fide, by thé hopes of plunder, all the diforderly ruffians in . England, he gave them a general licence to pillage the barons of the oppofite party, and even all neutral perfons. But one of the principal refources of his faction was the populace of the cities, particularly of London ; and as he had, by his hypocritical pretenfions to fanctity, and his zeal againit Rome, engaged all the monks and lower ecclefiaftics in his party, his dominion over the inferior ranks of men became abfolutely uncontrolable. Thomas Fitz-Richard, the mayor of London, a furious and licentious man, gave the countenance of authority to thefe diforders in London; and having declared war againft the fubftantial citi- zens, he loofened all the bands of government, by which that turbulent city was commonly but ill reftrained. On the approach of Eafter, the zeal of fuperfti- tion, the appetite for plunder, or what is often as prevalent with the populace as either of thefe motives, the pleafure of committing havock and deftruction, prompted them to attack the unhappy Jews, who were firft pillaged without re- fiftance, and then maffacred, to the number of five hundred perfons §. The Lombard bankers were next expofed to the rage of the people ; and tho’, by tak- ing fanétuary in the churches, they efcaped with their lives, all their money and goods became a prey to the licentious multitude. Even the houfes of the rich citizens, tho’ Englifh, were attacked by night; and way was made by {word and by fire to the pillage of their goods, and often to the deftruction of their perfons. The queen, who, tho’ fhe was defended by the tower, was terrified by the neighbourhood of fuch dangerous commotions, refolved to go by water to the caftle of Windfor; but as fhe approached the bridge, the populace affembled acainft her: The cry ran, drown the witch , and befides abufing her with the moft fcurrilous language, and pelting her with rotten eggs and dirt, they had pre- pared large ftones to fink her barge, when the fhould attempt to fhoot the bridge 5 and fhe was fo frightened that fhe returned to the Tower |. tg Tne violence and fury of Leicefter’s faétion had rifen to fuch a height in all parts of England, that the King, unable to refift their power, was obliged te + Trivet, p. 211. M. Welt. p. 382, 392. { Trivet, p. 211. M. Weft. p. 382. § Chron. T. Wykes, ps $9 | Chron. T. Wykes, p. 57. fet SS ESR Ill. 39 fet on foot a treaty Of peace ; and to make an accommodation with the barons on the moft difadvantageous terms * He agreed to confirm anew the provifions of Oxford, even thofe which entirely annihilated the royal authority ; and the ba- rons were again re-inftated in the fovereignty of the kingdom. They reftored Hugh le Defpenfer to the office of high jufticiary ; they appointed their own creatures fheriffs in every county of England ; they took pofieffion of all the royal caftles and fortreffes ; they even named all the officers of the King’s houfholds and they fummoned a parliament to meet at Weftminfter, in order to fettle more fully their plan of government. They here produced a new lift of twenty-four ba- rons, to whom they propofed, that the adminiftration fhould be entirely com- mitted ; and they infifted, that the authority of this junto fhould continue, not only during the reign of the King, but alfo during that of prince Edward. Tuis prince, who was the life and foul of the royal party, had unhappily, be- fore the King’s accommodation with the barons, been taken prifoner by Leiceftey in a parley at Windfor + ; and this misfortune, more than any other incident, had determined Henry to fubmit to the ignominious conditions impofed upon him. But having recovered his liberty by the treaty, Edward employed his activity -1 defence of the prerogatives of his family ; and he gained a large party even among thofe who had at Grit adhered with the greateft zeal to the caufe of the ba- rons, His coufin, Henry d’ Allmaine, Roger Bigod earl marefhal, earl War- renne, Humphrey Bohun earl of Hereford, John lord Baffetr, Ralph Baffet, Ha- mon |’ Eftrange, Roger Mortimer, Henry de Piercy, Robert de Brus, Roger de Leyborne, with almoft all the Lords Marchers, as they were called, on the bor- ders of Wales and Scotland, the moft warlike parts of the kingdom, declared in favour of the royal caufe ; and hoftilities, which were fcarce well compofed, were again renewed in every part of England. But the near balance of the parties, joined to the univerfal clamour‘of the people, obliged the King and barons to open anew the negotiations for peace ; and it was agreed by both fides, to fubmit the differences entirely to the arbitration of the King of France f. Tuts virtuous prince, the only man, who, in like circumftances, could fafe- ly have been entrufted with fuch an authority by a neighbouring nation, had ne- yer ceafed to interpofe his good offices between the Englifh factions; and had even, during the fhort interval of peace, invited.over to Paris both the King and the earl of Leicefter, in order to accommodate the differences between them 5 but found thatthe fears and animofities on both fides, as well as the ambition of Leicefter, were {o violent, as to render all his endeavours ineffectual. But when * Chron. Dunft. vol. i. p. 363. Trivet, p. 211. + M. Paris, p. 669. Trivet, p. 213- t. M. Paris,.p. 6/8. Chron, T. Wykes, p- 52: W. Heming. p. 580. Chron. Duntt. vol. i, p» 353+ this Chep. XII. 1253. 18th July. 14th O€. Reference: to the King of trance, Chap. XI. 1263. 1264. 23d Jan. Renewal of the Civil wars. 40 : PisToR-Y or ENGL A ND. this folemn appal, ratified by the oaths and fubfcriptions of the leaders in each fa€tion, was nade to his judgment, he was not difcouraged from purfuing his honourable purpofe: He fummoned the ftates of France at Amiens; and there, in the prefince of that affembly, as well as in that of the King of Eng- land and Peter de Montfort, Leicefter’s fon, he brought this great caufe to a trial and examination. It appeared to him, that the provifions of Oxford, even had they not been extorted by force, had they not been fo exorbitant in their nature and fubverfive of the antient conftitution, were exprefsly eftablifhed as a tempo- rary expedient, aid could not, without breach of truft, be rendered perpetual by the barons. He therefore annulled thefe provifions; reftored to the King the poffeffion of his caftles, and the power of nomination to the great offices ; al- lowed him to retan what foreigners he pleafed in his kingdom, and even to con- fer on them plac:s of truft and dignity ; and in a word, re-eftablifhed the royal power on the fame footing, on which it ftood before the meeting of the famous parliament at Ox‘ord. But while he thus fuppreffed dangerous innovations, and preferved unimpared the prerogatives of the Englifh crown, he was not negli- gent of the rightsof the people; and befides ordering that a general amnefty fhould be granted for all paft offences, he declared that his award was not any wife meant to derogate from the privileges and liberties, which the nation enjoyed by any for- mer conceffions cr charters of the crown *. Tuts equitable fentence was no fooner known in England, than Leicefter and his confederates determined to reject it, and to have recourfe to arms, in order to procure to thenfelves more fafe and advantageous conditions from the King T. Without regard to his oaths and fubfcriptions, that enterprizing confpirator or- dered his two fors, Richard and Peter de Montfort, in conjunction with Robert de Ferrars, earl of Derby, to attack the city of Worcefter ; while Henry and Si- mon de Montfort, two others of his fons, affifted by the prince of Wales, were ordered to commit ravages on the eftate of Roger de Mortimer. He himfelf re- fided at London; and employing as his inftrument, Fitz-Richard, the feditious mayor, who hac violently and illegally prolonged his authority, he wrought up the city to the hgheft ferment and agitation. The populace formed themfelves in:o bands and companies; chofe leaders; practifed all military exercifes ; commitred violtnce on all the royalifis: And to give them greater countenance in their difordes, an affociation was entered into between the city and eighteen great barons, never to make peace with the King but by common confent and approbation. tthe head of thofe who {wore to maintain this affociation, were 4 Rymer, vol. i. >. 776,777, &c. Chron. T. Wykes, p. 58. Knyghton, p. 2446. f Chr.n. Dun. vol. i. p. 363. MH NR SE Iii. 4X the earls of Leicefter, Glocefter and Derby, with le Defpenfer, the chief jutti- ciary ; men who had all previoufly fworn to fubmit to the award of the French monarch. Their only pretence for this breach of faith, was that the latter part’ of Lewis’s fentence was, as they affirmed, a contradiétion to the former: He ra- tified the charter of liberties, yet annulled the provifions of Oxford; which were: only calculated, as they maintained, to preferve that charter ; and without which, in their eftimation, they had no fecurity for its obfervance. Tse King and prince, finding a civil war inevitable, prepared thenfelves for defence; and fummoning the military vaffals from all quarters, andbeing rein- forced by Baliol, lord of Galloway, Brus, lord of Annandale, Heiry Piercy, John Comyn *, and other barons of the north, they,compofed an arny, formi- dable as well from its numbers, as its military prowefs and experince. The firft enterprize of the royalifts was the attack of Northampton; which was de- fended by Simon de‘Montfort, with many of the principal barons ofthat party : And a breach being made in the walls by Philip Baffet, tlie place wa: carried by Chap. XIL. 1204. affault, and both the governor and the garrifon were made prifone's of war +’. sth April. The royalifts marched thence to Leicefter and Nottingham, both vhich places opened their gates to them [; and prince Edward proceeded with adetachment into the county of Derby, in order to ravage with fire and fword thelands of the earl of that name, and take revenge on him for his difloyalty §. Lik: maxims of war prevailed with both parties throughout England; and the kingdom was thus. expofed in a moment to greater devaftation, from the animofities of he rival ba- rons, than it would have fuffered from many years of foreign or evenof domettic: hoftilities, conducted by more humane:and more generous principles Tue earl of Leicefter, mafter of London, and of the counties in tie fouth-eaft of England, formed the fiege of Rochefter |}, which alone held forthe King in thofe parts, and which, befides earl Warrenne, the governor,. was garrifoned by many noble and powerful barons of the royal party. The King anc prince haf- tened from Nottingham, where they were then quartered, to the ‘elief of the place; and on their approach, Leicefter raifed the fiege and retreaed to Lon- don, which, being the center of his power, he was afraid, might, inhis abfence, fall into the King’s hands, either by force, or by a correfpondence wth.the prin- _ cipal inhabitants, who were all of them fecretly inclined to the royal cafe 1. Re: inforced by a body of 1,000 citizens, and having fummoned. his. patizans from * Rymer, vol. i. p. 772.. M..Weft. p. 385.. Ypod. New. p. 469. + Chon. T. Wykes; p: 6o. W, Heming. p. 581. - Chron. Dunft. p. 367, M. Welt, p. 385. t Clon, T. Wyker, p: 60. Knyghton,-p. 2447. § M. Weft. p. 385. || M. Paris, p 669.. Chron. JT. Wykes,. p. 61, 4 W.,Heming, p, 582. Chron, Dunft.. vol. i. p. 369. Vou. U. G all ae ~. > | -. ee eee Oe A2 HISTORY oF ENGLAND. Chap. XI. all quarters, he thought himfelf ftrong enough to hazard a general battle with 1264¢ the royalifts, and to determine the fate of the nation in one great engagement ; which if it proved fuccefsful, muft be decifive againft the King, who had no re- treat to his broken troops in thole parts; while Leicefter himfelf in cafe of any fi- nifter accident, could eafily take thelter in the city.. To give the better colour- ] ing to his caufe, he previoufly fent a meflage with conditions of peace to Henry, fubmiffive in the language, but exorbitant in the demands*; and whenthe met- fenger returned with the lie and defiance from the King, the -prince, and the ; Kine of the Romans, he fent a new meflage, renouncing, in the name of himfelf and of the aflociated barons, all fealty and allegiance to Henry. He then march- ed out of the city with his army, divided into four bodies: The firft command- | ed by his two fons, Henry and Guy de Mountfort, with Humphrey de Bo- ‘hun, earl of Hereford, who had deferted to the barons; the fecond led by the | earl of Glocefter, with William de Montchefney and John Fitz-John; the third, compofed of Londoners, under the command of Nicholas de Segrave: The fourth headed by himfelf in perfon. The bifhop of Chichefter gave a general ab- {olution to the army, accompanied with affurances, that, if any of them feli in the action, they would infallibly be received into heavén, as the reward of their fuffering in fo meritorious a caule Rattle of Lrrcrsrer, who pofleffed great talents for war, conducted his march with Lewes. fuch fkill and fecrecy, that he had well nigh furprized the royalifts in their quar- 14th May. ters at Lewes in Suffex: But the promptitude of prince Edward foon repaired this negligence ; and he led out the King’s army to the field in three bodies. He himfelf conducted the van, attended by earl Warrenne and William de Valence : ‘The main body was commanded by the King of the Romans and his fon Henry: The King himfelf was placed in the rear at the head of his principal nobility, Prince Edward rufhed upon the Londoners, who had demanded the poft of he- nout in leading the rebel army, but who, from their want of difcipline and ex- perience, were ill qualified to refift the gentry and military men, of whom the prince’s body were compofed. They were broke in an inftant ; were chafed off the field of battle; and Edward, tranfported by his martial ardour, and eager to revenge the infolence of the Londoners acainit his mother +, put them to the (word for the length of four miles, without ceiving them any quarter, and without reflecting on the fate, which in the mean while attended the reft of thearmy. The ear! of Leicefter feeing the royalifts thrown into confufion by their eagernefs in C } - 3 . 7 vata te ac Ath + «ha ~ lio on ts mae 2 purkuit and plunder, led on his remaining. troops again{ft the bodies commanded « Paris S KY >m 1) Ia] his aa + UNT.7 * M. Paris, p. 650. W. Heming. p. 583. + M, Paris, p. 6° a Chron. 'T. Wykes, p. a ee ES tat a eG Ni Wet A pe 5 OS ae ae f “Ei. * ot Dae aa Vi ® ric ANG. Pp. 593. Vi. VY Gal. fe 337 . a poce Neuf. p- 409. oe 1} =, SV 29 I ; 24.50 4, by FY EG NaR. oY Galt 43 by the two royal brothers: He defeated with great flaughter the forces led by the King of the Romans; and that monarch was obliged to yield himfelf prifoner to the earl of Glocefter: He penetrated to the body, where the King himfelf was placed, threw it into diforder, purfued his advantage, chaced it into the town of Lewes, and obliged Henry to furrender himfelf prifoner *. Paixnce Edward, returning to the field of battle from his precipitate purfuit of the Londoners, was attonifhed to find it covered with the dead bodies of his friends, and ftill more to hear that his father and uncle were defeated and taken prifoners, and that Arundel, Comyn, Brus, Eiamon l’Eftrange, Roger Ley- borne, and allthe confiderable barons of his party, were in the hands of the victo- rious enemy. Earl Warrenne, Hugh Bigod, and William de Valence, ftruck with defpair at this event, immediately took to flight, hurried to Pevencey, and. made their efcape beyond feat: But the prince, intrepid amidft the greateft dif- afters, exhorted his troops to revenge the death of their friends, to relieve the royal Captives, and to fnatch an eafy conquelt from an enemy, difordered by their own victory ¢. He found his followers intimidated by their fituation, while Leicefter, afraid of a fudden and violent blow from the prince, amufed him by a pretence of negociation, till he was able to recal his troops from the purfuit, and to bring them into order §. There now appeared no farther refource to the royal party; furrounded by the armies and garrifons of the enemy, deftitute of forage and provifions, and deprived of their fovereign,. as well: as of all their principal leaders, who could alone infpirit them to an obftinate refiftance. The prince, therefore, was obliged to fubmit to Leicefter’s. terms, which were fhort: and fevere, agreeable to the fuddennefs and neceflity of the fituation. He ftipu- lated, that he and Henry d’Allmain fhould furrender themfelves prifoners as pledges in the place of the two Kings; that all other prifoners on both fides fhould be releafed | ; and that in order to fettle fully the terms of agreement, applications | fhould be made to the King of France, that he fhould name fix Frenchmen, three prelates and three noblemen: Thefe fix to choofe two others of their own country: And thefe two to choofe one Englifhman, who, in conjunction with themfelves, were to be invefted. by both parties with full powers to make what regulations they thought proper for the fettlement of the kingdom. ‘The prince and young Henry accordingly delivered themfelves into Leicefter’s hands, who fent them under a guard to Dover caltle. Such are the terms of agreement, commonly called the Mie of Lewes, trom an obfolete French term of that: *.M. Paris, p. 670. M. Welt. p. 337- + Chron. T. Wykes, p. 63. + W. Hem- Ing, P» 584, §& W. Heming. p. 584- || M. Paris, p, 671. Knyghton, p- 2451. G 2 meaning > Chap. XIl. 1264. Chap. XII. 1204, 44 HISTORY or ENGLAND. meaning: For it appears, that all, the gentry and nobility of England, who dif- dained the language of their native country, made familiar ufe of the French, till this period, and for fome time after. | LricesTer, had no fooner obtained this great advantage, and got the whole royal family in his power, than he openly violated every article of the treaty, and acted as fole mafter, and even tyrant of the kingdom. He ftill detained the King in effect a prifoner, and made ufe of that prince’s authority to purpofes the moft prejudicial to his interefts, and the moft oppreffive of his people *. He every where difarmed the royalifts, and kept all his own partizans in a military pofture +: He obferved the fame partial conduct in the delivery of the captives, and even threw many of the royalifts into prifon befides thofe who were taken in the battle of Lewes: He carried the King from place to place, and obliged all the royal caftles; on pretence of Henry’s commands, to receive a gover- nor and garrifon of his own appointment: All the officers of the crown and of the houfehold were named by him ; and the whole authority, as well as arms of the ftate, was lodged in his hands: He inftituted in the counties a new kind of magiftracy, endued with new and arbitrary powers, that of confervators of the peacet: His rapacious avarice appeared barefaced to the whole nation, and were fufficient to make us queftion the greatnefs of his ambition, at leaft the largenefs of his mind; if we had not reafon to think, that he intended to employ his unbounded acquifitions as the inftruments for acquiring farther power and erandeur. He feized no lefs than the eftates of eighteen barons as his fhare of the fpoil gained in the battle of Lewes: He engrofied to himfelf the ranfom of all the prifoners; and told his barons, with a wanton infolence, that it was fuf- ficient forthem, that he had faved them by that victory from the forfeitures and attainders, which hung over them.§: He even treated the earl of Glocefter in the fame injurious manner, and turned to his own profit.the ranfom of the King of the Romans, who had in the field of battle, yielded himfelf prifoner to that noble- man. Henry, his eldeft fon, made a monopoly ofall the wool of the kingdom, the only valuable commodity for foreign markets which it at that time pro- duced‘|. The «inhabitants of the-cinque-ports, during the prefent diffolution of government, betook :themfelves to the moft licentious piracy, made a prey of the fhips of all inations, threw the mariners into the fea, and by thefe practices. foon banifhed all merchants from the Englifh coafts and harbours. Every fo-— eign commodity .rofe to an exorbitant price; and woollen cloaths, which the * Rymer, vol. i. p. 790, 791, &c. - + Rymer, vol. i. p. 795. Brady’s Appeals, N°. 211, 212. Chron. T. Wykes, p, 63. } Rymer, vol. i. p. 792. -§ Knyghton, p. 2451. | Chron. T. Wykes, p. 65. Englifh HORN Re Fe | obs Enolifh had not then the art of dying, were worn by them white, and without Chap: XII. receiving the laft hand of the manufacturer. In anfwer to the complaints which #264 arofe on this occafion, Leicefter replied, that the kingdom could well enough fabGit within itfelf, and needed no intercourfe with foreigners. And it was found, that he even combined with the pyrates of the cinque-ports, and received as his fhare the third of their prizes *. No farther mention was made of the reference to the King of France, fo efien- tial an article in the agreement of Lewes; and Leicefter fummoned a parliament, compofed altogether of his own partizans, in order to rivet, by their authority, that power which he had acquired by fo much violence, and which he ufed with fo much tyranny and injuftice. An ordinance was there paffed, to which the King’s confent had been previoufly extorted, that every act of royal power fhould be exercifed by a council of nine perfons, who were to be chofen and removed by the majority of three, Leicefter himfelf, the earl of Glocefter, and the bifhop of Chichefter t. By this intricate plan of government, the {cepter was really put into Leicefter’s hands; as he had the entire direction of the bifhop of Chichefter, and thereby commanded all the refolutions of the council of three, who could appoint or difcard at pleafure every member of the fupreme council. But it was impoffible that things could long remain in this ftrange fituation. It behoved Leicefter either to defcend with fome danger into the rank of a fubjet, or to mount up with no lefs into that of a fovereign; and his exorbitant ambition, unreftrained by any fear or principle, gave too much reafon to fufpect him of the latter intention. Meanwhile, he was expofed to anxiety from every quarters and felt that the {malleft incident was capable of overturning that immenfe and ill cemented fabric, which he had reared. The Queen, whom her hufband had left abroad, had colleéted in foreign parts an army of defperate adventurers, and had affembled a great number of fhips, with a view of invading the kingdom, and of bringing relief to her unfortunate family. Lewis, detefting Leicefter’s ufurpations and perjuries, and difgufted by the refufal of the Englifh barons, to fabmit to his award, favoured all her enterprizes, and was generally believed to be making preparations for the fame purpofe. An Englifh army, by the-pre- tended authority of the captive King, was affembled on the fea coaft to oppofe this projected invafion t; but Leicefter owed his fecurity more to crofs windss which long detained and at laft diffipated and broke the Queen’s fleet, than to * Chron. T. Wykes, p. 65. + Rymer, vo’. i, Pe 793- Brady’s App. N°. 2 13. { Brady’s App, N°. 216, 217. Chron. Dunit. vol. 1. p. 373. M. Welt. p. 385. any ae HISTORY or ENGLAND. nape? xg any refiftance, which, in their prefent fituation, could be expected from the 3204. Sey, Mae 4 eas found himfelf better able to refift the {piritual thunders, which were levelled againft him. The Pope, ftill adhering to the King’s caule acain{t | the barons, difpatched cardinal Guido as his legate into England, with orders to excommunicate the three earls, Leicefter, Glocefter, and Norfolk, . by name, and all others in general, who concurred in the opprefiion and captivity of their tr vereion +. Leicefter menaced the legate with death, if he fet his foot within the kingdom ; but Guido, meeting in France the bifhops of Winchefter, London, and Worcefter, who had been fent thither on a negociation, commanded them, under 3 g the penalty of ecclefiaftical cenfures, to carry his bull into England, and to pub- lith it againfl the barons. When the prelates afrived off the coaft, they were boarded by the pyratical mariners of the cinque ports, to whom probably they gave a hint of the cargo, which they brought along with them: The bull was torn and thrown into the fea; which furnifhed the artful prelates with a plaufible excufe for not obeying the orders of the legate {. Leicefter appealed from Guido to the Pope in perfon; but before his ambafiadors could reach Rome to defend 4 his caufe, the Pope was dead, and they found the legate himfelf, from whom ) they had appealed, feated on the papal throne, under the name of Urban IV. | That daring leader was no wife difmayed with this event ; andas he found that | a great part of his popularity in England was founded on his oppofition to Rome, which was now become odious, he perfifted with the more obftinacy in the pro- fecution of his meafures. 3 1266. Tuat he might both encreafe, and turn to advantage his popularity, Leicefter goth: January. 'Ummoned a new parliament in London, where he knew his power was uncon- troulable ; and he fixed this aflembly on a more democratical bafis, tham any which had ever been fummoned fince the foundation of the Englifh monarchy. Befides the barons of his own party, and feveral ecclefiaftics, who were not immediate Toufe of | tenants of the crown ; he ordered returns to be made of two knights from every commons. ‘hire, and what is more remarkable, of deputies from the buroughs, which had always in former ages been efteemed of too mean a rank to be allowed a place in the national councils §. This period is commonly efteemed the epoch of the houfe of commons of England ; and it is certainly the firft time, that mention is. made by hiftorians of any reprefentatives fent to parliament by the boroughs. In * Chron. Mailf. p. 226. Chron. T. Wykes, p. 63. + Rymer, vol. i. p. 798. Chron. Dank, vol. 1. p. 373. + M. Paris, p. 671. ‘T. Wykes, p. 65. § Rymer, vol. i. p. 802. all ~~ ey ee eae ae eee Me 45 / all the general accounts given in preceding times of parliaments, the nobility and barons are only fpoke of as the conttituent members; and even in the moft par- ticular narratives delivered of parliamentary tranfactions, as in the trial of Tho- mas a Becket, where the events of each day, and almoft of each hour, are care- fully recorded by contemporary authors *, there is not, throughout the whole, the leaft appearance of a houfe of commons. But tho’ that houfe .derived its firft exiftence from fo precarious and even fo invidious an origin as Leicefter’s ufur- pation, it proved foon when fummoned by the legal princes, one of the moft ule- ful, and, in procefs of time, one of the moft powerful members of the national conftitution ; and gradually refcued the kingdom from ariftocratical as well as from regal tyranny. But Leicefter’s policy, if we muft afcribe to him fo great a bleffing, only forwarded by fome years an inftitution, for which the general {tate of things had already prepared the nation 5 and it is otherwife inconceivable, that a plant, fet by fo inaufpicious a hand, could have obtained fo vigorous a srowth, and have ourifhed in the midft of fuch tempefts and convulfions. The feudal fyftem, with which the liberty, much more the power of the commons, was totally incompatible, began eradually to decline ; and both King and people, who felt its inconveniencies, contributed to favour this new power, which was more fubmiffive than the barons to the regular authority of the crown, and at the fame time afforded proteétion to the inferior orders of the ftate. LEICESTER, having thus affembled a parliament of his own model, and truft- ing to the attachment of the populace of London, {rized the opportunity of crufhing his rivals among the powerful barons. Robert de Ferrars, earl of Derby, was accufed in the King’s name, feized, and committed to cuftody, without be- ing brought to any legal trial +. John Gifford, menaced with the fame fate, fled from London, and took fhelter in the marches of Wales. Even the earl of Glo- cefter, whofe power and influence Gad fo much contributed to-the fuccefs of the barons, but who was of late extremely difgufted by Leicefter’s arbitrary and in- folent conduét, who engroffed the whole power of the party, found himéfelf in danger from the prevailing authority of his antient confederate; and he retired from parliament t. This known divifion among the leaders, gave courage to all Leicefter’s enemies and to the King’s friends; who were now fure of protection from fo potent a leader. Tho’ Roger Mortimer, Hlamon L’Eftrange, and other powerful marchers of Wales, had been obliged to leave the kingdom, their au- thority ftill remained over the territories fubjected to their jurifdiction ; and there ¥ were many ‘others who were difpofed to give difturbance to the new government. * Fitz-Stephet Hitt. Quadrip. Hoveden, &c. + Chron, T. Wykes, p. 66,. Ann. Waverl, p. 216, + M. Paris, p. 671. Ana. Waverl. p. 210. The biw Chap. XII. ke ws 1205- by ¢ 1 Pareee| | ,) a eee ae gy nt | iy | hs } a) | |) ss , Saat | |) | Pm “, ; . } i on Pm NN rt “NM = = ee | .) Teh | || b> NH ant Hl Hh 2 = | ; y ADA 2 } ' - ; i H Be | P| a ae |: * > ies! “fet | ; Rabi a 1 we? iy = a bl meh | || =, i Fi | ae oS | 7 eae | { 7 a oe | iti $ Dy i = WH Wh | en | || sa ii} Ea i iz ) Pe hes A oh A BX tu ein % Es PND sa Chap. XII. 1265. atch. March. agth May. 48 HISTORY or ENGLAND. The animofities, infeparable from the feudal ariftocracy, broke out with fuck freth violence, and threatened the kingdom with new convulfions and diforders. Tue earl of Leicefter, furrounded with thefe difficulties, embraced a meafure, from which he propofed to reap fome prefent advantages, but which proved in rhe end the fource of all his future calamities. ‘The active and intrepid prince Edward had languifhed in prifon ever fince the fatal battle of Lewes ; and being, extremely popular in the kingdom, there arofe a general defire of feeing him again reftored to liberty * ee Nee eaten 3) On Ne a wee eee ete > ne Leow Pass: ot teal ae a TSA WE ~— PPumet nn — Y soe te ee = ~— F ’ ‘ as, MM oe 7 4 7 aad é SIS eat et y pa Ar cet had ‘ee ial NY eho . ‘ ays) ay 3 ati te F ARIE iS. attend Hers TTR ene 95 z v ah. BN > RPL’, Me £3". — r 5 abe ~~. aD UP ioe bg Tage as) = wr n a wal . ' 0 , 4 to5 EA ew Rae | tg bat \ Sct * 428 re) =P 3 ~ Be 4 7 Led ae RS mE Chap. XII. i265, 50 HISTORY or ENGLAND. the victorious royalifts ; while his Welfh allies, accuftomed only to a defultory kind of war, immediately took to flight, and were purfued with great flaughter *. Let- cefter himfelf, afking for quarter, was flain in the heat of the action, with his eldeft fon Henry, Hugh le Defpenter, and about one hundred and fixty knights, and many other eentlemen of his party. The old King had been purpofely placed by the rebels ‘n the front of the battle: and being clad in armour, and thereby not known by his friends, he received a wound, and was in danger of his life: But crying out, [am Henry of Winchefter, your King, he was faved; and put in a place of fecurity by his fon, who flew to his affiftance Tf. Tue violence, ingratitude, tyranny, rapacity, and treachery,. of the ear] of Leicefter, give a very bad idea of his moral character, and make us regard his-death, as the moft happy event, which, in this conjuncture, could have hap- pened to the Englifh nation : Yet muft we allow the man to have poffeffed great” abilities, and the appearance of great virtues, who, tho’ a ftranger, could, ata time when ftrangers were the moft odious, and the moft univerfally decried, have acquired fo extenfive an intereft in the kingdom, and have fo nearly paved his way to the throne itfelf. His military capacity, and his political craft, were equally eminent: He poffeffed the talents both of governing men and conducting bufinefs: And tho’ his ambition was boundlefs, it feems neither to have exceeded his courage nor his genius ; and he had the happinefs of making the low popu- lace, as well as the haughty barons, co-operate towards the fuccefs of his felfifh and dangerous purpofes. A prince of greater ability and vigour than Henry might have directed the talents of this nobleman either to the exaltation of his throne, or to the good of his people: But the advantages given to Leicefter, by the weak and variable adminiftration of the King, brought on the ruin of royal au- thority, and produced infinite confufions in the kingdom, which however in the, end preferved and extremely improved the national liberty and conftitution, His popularity, even after his death, continued fo great, that, tho’ excommunicated by Rome, the people believed him to be a faint ; and many miracles were faid to be wrought upon his tomb f. Settlement of - THE viétory of Evefham, with the death of Leicefter, proved decifive in fa- the govern- your of the royalifts, and made an equal, tho’ a very oppofite impreffion on friends ment. and enemies, in every part of England. The King of the Romans recovered his liberty : The other prifoners of the royal party were not only freed, but courted, by their keepers: Fitz-Richard, the feditious mayor of London, who had marked out forty of the moft wealthy citizens for flaughter, immediately {topped his hand on receiving news of this great event: And almoft all the caftles garrifoned by * Knyghton, p. 2453. t+ Chron. de Mailr. p. 232. + Chron, de Mailr. p. 232. W. Heming. p. 587. the H « &..aiN..R ~:~ All. 5! the barons, haftened to make their fubmiffions and to open their gates to the King, The jfle of Axholme alone, and that of Ely, trufting to the ftrength of their fi- tuation, ventured to make refiftance ; but were at laft reduced, as well as the caftle of Dover, by the valour and activity of prince Edward *. Adam de Gourdon, a courageous baron, maintained himfelf fome time in the forefts of Hamphhire, committed depredations on the neighbourhood, and obliged the prince to lead a body of troops into that country againft him. Edward at- tacked the camp of the rebels; and being tranfported by the ardour of action, leapt over the trench with a few followers, and encountred Gourdon himfelf in fingle combat. The victory was long difputed between thefe valiant comba- tants; but ended at laft in the prince’s favour, who wounded his antagonift, threw him from his horfe, and took him prifoner. He not only granted him his life; but introduced him that very night to the queen at Guilford, procured him his pardon, reftored him to his eftate, received him into favour, and was ever after very faithfully ferved by him 7. A rotat victory of the fovereign over fo extenfive a rebellion commonly pro- duces a revolution of government, and ftrengthens, as well as enlarges, for fome time, the prerogatives of the crown: Yet no facrifices of national liberty were made on this occafion; the great charter remained ftill inviolate ; and the King, fenfible that his own barons, by whofe affiftance alone he had prevailed, were no lefs jealous of their independance than the other party, feems thenceforth to have more carefully abftained from all thofe exertions of arbitrary power, which had afforded fo plaufible a pretence to the rebels. The clemency of this victory is alfo remarkable : No blood was fhed on the fcaffold : No attainders, except of the Mountfort family, were executed: And tho’ a parliament aflembled at Win- chefter, forfeited all thofe, who had borne arms againift the King, eafy compofi- tions were made with them for their lands }; and the higheft fum levied on the mott notorious offenders, exceeded not five years rent of their eftate. Even the earl of Derby, who again rebelled, after having been pardoned and reftored to his fortune, was obliged to pay only feven years rent, and was a fecond time re- ftored. ‘The mild difpofition of the King, and the prudence of the prince, tem- pered the infolence of victory, and gradually reftored order to the feveral mem- bers of the ftate, disjointed by fo long a continuance of civil wars and com- motions. Tue city of London, which had carried fartheft the rage and animofity againft - the King, and which feemed determined to ftand upon its defence after almoft * M. Paris, p.676. W.Heming. p. 588. + M. Paris, p, 675+ { M. Paris, p. 675- H 2 all Chap. XII. 1265. 1260, i ; Ht } nt nT | Hil | i : i i Chap. XII. 1265. n267. 427 O; 52 HISTORY of ‘ENGLAND. all the kingdom had fubmitted, was, after fome interval, reftored to moft of its liberties and privileges, and Fitz-Richard, the mayor, who had been guilty of fo much illegal violence, was only punifhed by fine and imprifonment. The coun- refs of Leicefter, the King’s fifter, who had been extremely forward in all attacks on the royal family, was difmiffed the kingdom with her two fons, Simon and Guy *, who proved very ungrateful for this lenity. Five years afterwards, they affaffinated, at Viterbo in Italy, their coufin Henry d’ Allmaine, who at that very time was endeavouring to make their peace with the King; and by taking fanctu- ary in the church of the Francifcans, they efcaped the punifhment due to fo great an enormity Ff. Tie merits of the earl of Glocefter, after he returned to his allegiance, had been fo great, in reftoring the prince to his liberty, and affifting him in his vic- tories againft the rebellious barons, that it was almoft impoffible to content him in his demands; and his youth and temerity, as well as his great power, tempted him, on fome new difguft, to raife again the flames of rebellion in the king- dom. ‘The mutinous populace of London, at his inftigation, took to arms; and the prince was obliged to collect an army of 40,000 men, in order to fupprefs them +, Even this fecond rebellion did not provoke the King to any acts of cruelty ; and the earl of Glocefter himfelf efcaped with a total impunity. He was only obliged to enter into a bond of 20,000 marks, that he never again would be guilty of rebellion §: A ftrange method of enforcing the laws, and a proof of the dangerous independance of the barons in thofe ages! Thefe potent nobles were, from the danger of the example, averfe to the execution of the laws of forfeiture and felony againft any of their brethren; tho’ they could not with a good grace refufe to concur in obliging them to fulfill any voluntary con+ tract and engagement, into. which they had entered, Tue prince, finding the ftate of the kingdom tolerably compofed, was fe- duced, by his avidity for glory, and by the prejudices of the age, as well as by the earneft follicitations of the King of France, to undertake an expedition againft the infidels in. the Holy Land ||; and he endeavoured previoufly to fettle the {tate in fuch a manner as to dread no bad effeéts from his-abfence. As the dan- gerous power and turbulent difpofition of the earl of Glocefter gave him appre- henfions,. he infifted on carrying him.along. with him, in confequence of a vow,, * Chron, T. Wykes, p. 72. + Pymer, vol. 1. p. 870. vol. ii. p. 4, 5. Chron, T.. Wykes, p.94, W.Heming. p. 589. ‘Trivet, p. 240. {t, Chron. T, Wykes, p. 79: & Chron. T. WyKes, p. 81, | M. Paris, p..677, which: H EN R Y Ili. 52 which that nobleman had made to undertake the fame voyage ; and in the mean Chap. Xt: time, he obliged him to refign fome of his caftles, and to enter into a new bond tian not to difturb the peace of the kingdom *. He failed from England with an ar- my ; and arrived in Lewis’s camp tefore Tunis in Africa, where he found that great monarch already dead, from the intemperance of the climate and the fa- tigues of his enterprize. The great and only weaknefs of this prince in his go- vernment was the imprudent zeal for Crufades; but it was this prepoffeffion chiefly that procured him from the clergy the title of St, Lewis, by which he is known ‘a the French hiftory; and if that appellation had not been fo extremely proftitut- ed by the Romifh-church, as to become rather a term of reproach, he feems, by his uniform probity and goodnefs, 2s well as his piety, to have fully merited the title. He was fucceeded by his fon, Philip, denominated the Hardy; a prince of fome merit, tho’ much inferior to that of his father.. Prince Edward, not difcouraged by this event, continued his voyage to the 127. Holy Land, where he fignalized himfelf by acts of valour : Revived the glory of the Englifh name in thofe parts: And ftruck fuch terror into the Saracens, that they employed an affaffin to. murder him, who wounded him in the arm, but perifhed in the attempt +, Meanwhile, his abfence from England was attended with many of thofe pernicious confequences, which had been dreaded from it. The laws were not executed: The barons opprefied the common people with impunity {: They gave fhelter on their eftates to bands of robbers, whom they employed in committing ravages 01 the eftates of their enemies: The populace of London returned to their ufual licentioufnefs : And the old King, unequal to. the burthen of government, called aloud for his gallant fon to return §, and to affift him in fwaying that fceptre, which was ready to drop from his feeble and. uncertain hands. At laft, overcome by the cares of government, and the infir- = ra, mities of age, he vifibly declined, and he expired at St. Edmondfbury in the 64th ¢ Se ee _ year of his age, and 56th of his reign; the longeft reign which is to be met with in the Englifh annals. His brother, the King of the Romans (for he never at- tained the title of emperor) died atout feven. months before him. Tue moft obvious circumftance of Henry the third’s character is his incapa* and charafter city for government, which rendered him as much a prifoner in the hands of hisof the King,. own minitters and favourites, and as little at his own difpofal, as when detained acaptive in the hands of his enemies. From this fource, rather than from infin- cerity or treachery, arofe his negligence in obferving his promifes; and he was: * Chron. T. Wykes, p. go. + M. Paris, p. 678,679. W.Heming. p: 520. t Chron. Dunft. vol. 1. pe. 404. § Rymer,, vol. i. p. 869». M, Paris;. ps 678. TO@,, Mifcellaneous HISTORY or ENGLAND. 54 too eafily induced, for the fake of prefent convenience, to facrifice the lafting ad- vantages arifing from the truft and confidence of his people. Hence were derived his profufion to favourites, his attachment to ftrangers, the variablenefs of his con- duét, his hafty refentments, and his fudden forgivenefs and return of affection. In- ftead of reducing the dangerous power of his nobles by obliging them to obferve the laws towards their inferiors, and fetting them the falutary example in his own government ; he was feduced to imitate their conduct, and to make his ar- bitrary will, or rather that of his minifters, the rule of his aétions. Inftead of accommodating himfelf, by a ftrict frugality, to the embarraffed fituation in which his revenue had been left, by the military expeditions of his uncle, the diffipa- tions of his father, and the ufurpations of the barons ; he was tempted to le- vy money by irregular exactions, which, without inriching himfelf, impoverifh- ed, at leaft difgufted his people. Of all men, nature feemed leaft to have fitted him for being a tyrant; yet are there inftances of oppreffion in his reign, which, tho’ derived from the precedents left him by his predeceffors, had been carefully guarded againft by the great charter, and are inconfiftent with all rules of good government. And on the whole, we may fay, that greater abilities with his good difpofitions, would have prevented him from falling into his faults; or with worfe difpofitions, would have enabled him to maintain and defend them. Tuts prince was noted for his piety and devotion, and his regular attendance on public worfhip; and a faying of his on that head is much celebrated by an- tient writers. He was engaged in a difpute with, Lewis IX. of France, concern- ing the preference between fermons and maffes: He maintained the fuperiority of the latter, and affirmed, that he would rather have one hour’s converfation with a friend, than hear twenty of the moft elaborate difcourfes, pronounced in praife of him *, | Henry left two fons, Edward his fuccefflor, and Edmond earl of Lancafter ; and two daughters, Margaret Queen of Scotland, and Beatrix dutchefs of Brit- tanny. He had five other children, who died in their infancy. Tue following are the moft'remarkable laws enacted during this reign, ‘There tranfactionsof had been great difputes between the civil and ecclefiaftical courts about battar- foak* Lab ees : . 2 be } es : | 4 3] yi» ¥ 4 |! wie tn mae if ‘By Ht 1 ' : H ; i i ru ny + 23a a Sa “4 , * 3 as hh) | Gk Gq 5 J A ; 4m Bray ‘pe ts a Be if « 13 | < . o<3 ie | ae yr ‘ 2 r # | dy. The common law had deemed all thofe baftards who were born before wedlock : By the canon law they were legitimate: And when any difpute of in- heritance arofe, it had been formerly ufual for the civil courts to iflue writs to the fpiritual, directing them to enquire into the legitimacy of the perfon. The bifhop always returned an anfwer agreeable to the canon law, tho’ contrary to * Walling. Edw. i. p. 43. the Wot ee 5h the muncipal law of the kingdom. For this reafon, the civil courts had chang- ed the nature of their writ, and inftead of requiring the fpiritual courts to en- quire concerning the legitimacy of the perfon, they only propofed the fimple quef- tion of fact, whether he was born before or after the marriage. The prelates complained of this praétice to the parliament aflembled at Merton in the twen- tieth of this King, and defired that the civil law might be rendered conformable to the canon: But received from all the nobility the memorable reply : Nolumus leges Anglie mutare: We will not change the laws of England *. Arter the civil wars, the parliament, fummoned at Marlebridge, gave their approbation to moft of the ordinances, which had been enacted by the reforming barons, and which, tho’ advantageous to the fecurity of the people, had not re- ceived the fanétion of a proper authority. Among other laws, it was there en- aéted, that all appeals from the courts of inferior lords fhould be carried directly to the King’s courts, without paffing thro’ the courts of the lords immediately fuperior +. Jt was ordained that money fhould bear no intereft during the mino- rity of the creditor t. This law was very reafonable, as the eftates of minors were always in the hands of their lords, and the creditors could not pay intereft where they had no revenue. The charter of King John had granted this indulgence : It was omitted in that of Henry III. for what reafon is unknown; but it was renewed in the ftatute of Marlebridge. Mot of the other articles of this ftatute ate calculated to reftrain the oppreffions .of fheriffs, and the violences and iniqui- ties committed in diftraining cattle and other goods. Cattle and the inftruments of hufbandry compofed at that time the chief riches of the people. In the 35th year of this King an affize was fixed of bread, the price of which was fettled, according to the different prices of corn, from one fhilling a quar- ter to feven fhillings and fix-pence§. Thefe great variations alone are a proof of bad tillage: Yet did the prices often rife much higher, than any taken notice of by the laws. The Chronicle of Dunftable tells us, that in this reign, wheat was once fold for a mark; nay for a pound a quarter; that is, three pounds of our prefent money |. The fame law affords us a proof of the little communication between the parts of the kingdom, by remarking the very different prices which the fame commodity bore at the fame time. A brewer, fays the ftatute, may fell two gallons of ale for a penny in cities, and three.or four gallons for the fame price in the country. At prefent, fuch commodities, by the great confumption of the people, and the great ftocks of the brewers, are rather cheapeft in cities. The * Statute of Merton, chap. 9. + Statute of Marleb. chap. 20. t Id, chap. 16. § Statutes at large, p. O. }) So alfo Knyghton, p. 2444. Chronicle Chap. X11, 1272, Chap. XII. 1272. 56 HISTORY or ENGLAND. Chronicle of Dunftable obferves, that wheat one year was fold in many places for eight fhillings a quarter, but never rofe in Dunftable above a crown. Tuo’ commerce was ftill very low, it feems rather to have encreafed fince the Conqueft; at lealt, if we may judge of the encreafe of money by the price of bread. The medium between the higheft and loweft prices of wheat, affigned by the ftatute, is four fhillings and three-pence a quarter, that is, twelve fhillings and nine-pence of our prefent money. This is near the half of the middling price in our time. Yet the middling price of cattle, fo late as the reign of King Richard, we found to be above eight times lower than the prefent. Is not the true inference, from comparing thefe faéts, that in all uncivilized nations, cattle, which propagate of themfelves, bear always a lower price than corn, which re- quires more art and ftock to raife ir, than thofe nations are poffefled of? Itis to be remarked, that Henry’s affize of corn was copied from a preceding affize eftablifhed by King John ; and confequently, the prices which we have here com- pared of corn and cattle may be looked on as contemporary ; and they were drawn, not from one particular year, but from an eftimation of the middling prices. It is true, the prices, affigned by the affize of Richard, were meant as a {tandard for the accompts of fherifis and efcheators; and as confiderable pro- fits were allowed to them, we may naturally fuppofe, that the common value of cattle was fomewhat higher: Yet ftill, fo great a difference between the prices of corn and cattle as that of four to one, compared to the prefent rates, affords im- portant reflections concerning the very different ftate of induftry and tillage in the two periods. Ivrerest had in that age amounted to an enormous height, as might be expected from the barbarifm of the times and mens ignorance of commerce. There are inftances of fifty per cent. paid for money * Such profits tempted the Jews to remain in England, notwithftanding the grievous oppreffions to which they were continually expofed from the prevalent bigotry and rapine of the age. It is eafy to imagine how precarious their ftate muft be under an indigent prince, fomewhat reftrained in his tyranny over his native fubjeéts, but who pofiefied an unlimited authority over them, the fole proprietors of money in the kingdom, and hated on account of their riches, their religion, and their ufury: Yet will our ideas fcarce come up to the extortions which in fact we fhall find to have been praétifed upon them. In the year 1241, 20,000 marks were exacted from them +: Two years after, money was again extorted ; and one Jew alone, Aaron of York, was obliged to pay above 4000 marks {: In 1250, Henry renewed * M. Paris, p, 580. + M. Paris, p. 372. t M. Paris, p. 410 his BE Be ie OS II. 57 his oppreffions ; and the fame Aaron was condemned to pay him 30,000 marks upon an accufation of forgery *: The high penalty impofed upon him, and which, it feems, he was thought able to pay, is rather a prefumption of his innocence than of his guilt. In 1255, the King demanded 8000 marks from the Jews, and threatened to hang them, if they refufed compliance. They now loft all patience, and defired leave to retire with their effects out of the kingdom. But the King replied: ‘* How can I remedy the oppreffions you complain of ? I am myfelfa ‘¢ Bepoar. I am defpoiled, I am ftripped, of all my revenues: I owe above ‘¢ 200,000 marks; and if [ had faid 300,000, I fhould not exceed the truth: ‘¢ Tam obliged to pay my fon, prince Edward, 15,000 marks a year: I have ‘¢ not a farthing; and I muft have money, from any hand, from any. quarter, ‘* or by any means.” He then delivered over the Jews to the earl of Cornwal, that thofe whom the one brother had flead, the other might embowel, to make ufe of the words of the hiftorian +. King John, his father, once demanded ro,ooo marks from a Jew of Briftol ; and on‘his refufal, ordered one of his teeth to be drawn every day till he fhould confent, The Jew loft feventeeth: and then paid the fum required of him f. To give a better pretence to extortions, the improbable and abfurd accufation, which has been at different times advanced againft that nation, was revived in England, that they had crucified a child in derifion of our Saviour’s fufferings. Eighteen of them were hanged at once for this crime §: Tho’ it is nowife credible, that even the antipathy born them by the Chriftians, and the oppreffions under which they laboured, would ever have pufhed them to be guilty of that dangerous enormity. But it is natural to imagine, that a race, expofed to fuch infults and indignities both from King and people, and who had fo uncertain an enjoyment of their riches, would carry ufury to the greateft extremities, and by their great profits make themfelves fome compenfation for their continued perils. Commerce mutt be ina wretched condition where intereft was fo high, and where the fole proprietors of money were expofed to fuch rapine and inyuttice, But the bad police of the country was another obftacle to all improvements ; and rendered all communication dangerous, and all property precarious. The Chro- nicle of Dunftable fays |, that men during this reign were never fecure in their houfes, and that whole villages were often plundered by bands of robbers, tho’ no civil wars prevailed inthe kingdom. In 1249, fome years before the infur. rection of the barons, two merchants of Brabant came to the King at Winchefler, and told him, that they had been defpoiled of all their goods by certatn robbers, * M. Paris, p. 525. + M. Paris, p. 606 tM. Paris, p. 160. ¢ M. Pe. ris, p. O15. H Vol.i, p. 155. Vou. If. | a Witom Chap. > II. 1272, es J nt ae meas wim S - " . cst = _~ ‘ rm : | - - om 4 1 : A. % ; & : ¢ ‘mits ia i ; ya . : ' 4 Z : E i} ; } } vir ae i ee ‘lit irs } ft on hd . ; : 4 ; | - z a 4 1% : y 4 Ht ii t “7 - Biit of t i 4 | i | 1h at . i i 3 i i me |, Hi ae | | | H 4 ee “ eT) | ity \ : 4 Hi | ¥ Ii 1 i Le - if i ij ine i] Th ut i 11a ie ie ‘4 He tie ie i \ : . Gh . i 1a : i ; ae Hs r i ? ride i byt ee bs i i ; phil = , i til | | 4 “3 4) ae E if = } x ; rr } is oT | | ° ' af ; ns « VE rH | ia al : \'¢ 4 "a ius rs : t * Walfing. p.44. Trivet, p. 240. + Walfing. p. 44. Triver, p. 241. M. Weft, p. 402, t Walfing. p. 45. § Rymer, vol. ii, p. 32, 33: and 6 HISTORY or ENGLAND. Chap. XIIr, and he propofed, by an exact diftribution of juftice, anda rigid execution of the 1274. Jaws, to give at once protection to the inferior orders of the ftate, and to dim nifh the arbitrary power of the great, on which their dangerous authority was chiefly founded. Making it a rule of his own conduét to obferve, except on ex- traordinary occafions, the privileges fecured to them by the great charter, he ac- quired a right to infift upon their obfervance of the fame charter towards their vaftals and inferiors ; and he made the crown be regarded by all the gentry and commonalty of the kingdom, as the great fountain of juftice, and the general reg. afylum againtt oppreffion. Befides enacting feveral excellent ftatutes, in a par- roth Feb. Jjament which he fammoned at Weftminfter, he took care to infpeét the conduct of all his magiflrates and judges, to difplace fuch as were either negligent or cor- rupt, to provide them with fufficient force for the execution of juftice, to roct out all bands and confederacies of robbers, and to reprefs thofe more filent rob- beries, which were committed either by the power of the nobles, or under the countenance of public authority. By this rigid adminiftration, the face of the t kingdom was foon changed ; and order and juftice took place of violence and op- preffion: But amidft the excellent inftitutions and public-fpirited plans of Ed- ward, there {till appears fomewhat both of the feverity of his perfonal character, and of the prejudices of the times. : As the various kinds of malefaétors, the murderers, robbers, incendiaries, ra- vifhers, and plunderers, had become fo numerous and powerful, that the ordinary minifters of juftice, efpecially in the weftern counties, were afraid to execute the laws againft them, the King found it necefiary to provide an extraoidiniry remedy for the evil ; and he erected for the punifhment of crimes a new tribunal, which, however ufeful, would have been deemed, in times of more regular liberty, a very great ftretch of illegal and arbitrary power. Ic confifted of commiffioners, who were empowered to enquire into diforders and crimes of all kinds, and to inflict the proper punifhments upon them. The officers, charged with this unufual commiffion, made their circuits throughout the counties of England moft infected with this evil, and carried terror into all thofe parts of the king- dom. In their zeal to punifh crimes, they did not fufficiently diftinguifh between the innocent and guilty ; the fmalleft fufpicion became the ground of accufation and trial; the flighteft evidence was received againft criminals; the prifons were crowded with malefaétors, real or pretended; fevere fines were levied for fmall offences ; and the King, tho’ his exhaufted revenue was fupplied by this expedient, found it neceffary to ftop the courle of fo great rigour, and after terrifying and diffipating ¢ — a —f) “ “ae eS] Fa = Sy ~—" 4 =o J Ss eS ee ee Ties — se. See i. Spe wea 4 RSD Ok 63 diffipating by this tribunal the gangs of diforderly people in England, he very Chap. XIII. prudently annulled the commiffion * ; and never afterwards renewed it. Amonc the various diforders, to which the kingdom was fubyect, no one was hore univerfally complained of than the adulteration of the coin ; and as this crime required more art than the Englifh of that age, who chiefly employed force and violence in their iniquities, were poffeffed of, the imputation fell chiefly upon the Jews t+. Edward alfo feems to have indulged a ftrong prepofleffion acainit that nation; and this ill-judged zeal for Chriftianity being naturally augmented by an expedition to the Holy Land, he let loofe the whole rigour of his juftice againft this unhappy people. Iwo hundred and eighty of them were hanged at once for this crime in London alone, befides thofe who fuffered in other parts of the king- dom +. The houfesand lands, (for the Jews had of late ventured to make purchafes of that kind) as well as the goods of great multitudes, were fold and confifcated = And the King, left it fhould be fufpected, that the riches of the fufferers were the chief part of their guilt, ordered one half of the money, raifed by thefe confil- cations, to be fet apart, and beftowed upon fuch as were willing to be converted to Chriftianity. But the refentment of their injuries was more prevalent over them, than the temptation from their poverty 5 and very few of them could be induced by intereft to embrace the religion of their perfecutors. The miferies of this people were not here terminated. Tho’ the arbitrary talliages and exac- tions levied upon them, had yielded a conftant and a confiderable revenue to the crown ; Edward, prompted by his zeal and rapacity, refolved fome time after § to purge the kingdom entirely of that hated race, and to feize to himfelf at once their whole property as the reward of his labour |. He left them only money fuf- ficient to bear their charges into foreign countries, where new perfecutions and extortions awaited them: But the inhabitants of the cinque ports, imitating the bigotry and avidity of their fovereign, defpoiled moft of them of this {mall pit- tance, and even threw many of the Jews into the fea: A crime, for which the King, who was determined to be the fole plunderer in his dominions, inflicted a capital punifhment upon them. No lefs than fifteen thoufand Jews were at this eime robbed of their effects and banifhed the kingdom: Very few of that nation have fince lived in England: And as it is impoffible for a kingdom to fub- Gt without lenders of money, and-none will lend without a compenfation, the ‘ Qn ‘ r 7 Hn M r ‘ “ ar f 4 i 4 - : practice of ufury, as it was then called, was thenceforth exercifed by the Englifh * Spellman’s Gloff.in verbo Trailbafon.. But Spellman was either miftaken in placing this com- miffion in the fifth year of the King, or it was renewed in 1305. See Rymer, vol. ii. p.g60. Tri- vet, p. 338. M. Weft. p. 450. + Walfing. p. 48. Heming. vol. i. p. 6. { T. Wykes, i? < y) 1O7 r & ee ae 2 : Pp: 197s j in the year 12G0. | Walfing. p.54. Heming. vols i. p. 20. Trivet, p. 266. 5 themfelves, 1275s Chap. XIIL. 1275, 1276. Conqueft of Wales. 64 HISTORY wr -E NS LeA Nib. themfelves upon their fellow-citizens, or by Lombards and other foreigners. It is very much to be queftioned whether the dealings of thefe new ufurers were equally open and unexceptionable with thofe of the old. By a law of Richard, jt was enacted, that three copies fhould be made of every bond given to a Jew ; one to be put into the hands of a public magiftrate, another into thofe of a man of credit, and a third to remain with the Jew himfelf *. But as the canon law, feconded by the municipal, permitted no Chriftian to receive intereft, all tranfac- tions of this kind muft, after the banifhment of the Jews, have-become more fe- cret and clandeftine, and the lender, of confequence, be paid both for the ufe of his money, and for the infamy and danger which he incurred by lending it. THE great poverty of the crown, tho’ no excufe, was probably the caufe of this egrecious tyranny exercifed againft the Jews; but Edward pradtifed alfo other more honourable means of remedying that evil. He employed a ftri& frugality in the management and diftribution of his revenue: He engaged the parliament to vote him a fifteenth of all moveables; the Pope to grant him the tenth of all ecclefiaftical revenues for three years ; and the merchants to confent to a perpetual . impofition of half a mark on every fack of wool exported, and a mark on three hundred fkins. He alfo iffued commiffions to enquire into all encroachments on the royal demefne : into the value of efcheats, forfeitures, and wardfhips; and into the means of repairing or improving every branch of the revenue +. The commiffioners, in the execution of their office, began to carry matters too far againft the nobility, and to queftion the titles to eftates, which had been tranf- mitted from father to fon for feveral generations. Earl Warenne, who had done fuch eminent fervice in the Jate reign, being required to fhow his titles, drew his {word ; and fubjoined, that William the Baftard, had not conquered the kingdom for himfelf alone ; his anceftor was a joint adventurer in the caufe; and he him- felf was determined to maintain what had from that period remained unqueftioned in his family. The King, fenfible of the danger, very prudently defifted from making farther enquiries of this nature. Bur the active fpirit of Edward could not long remain without employment. He foon after undertook an enterprize more fafe for himfelf, and more advantage- ous to his people. Lewellyn, prince of Wales, had been deeply engaged with the Mountfort faction ; had entered into all their confpiracies againft the crown ; had frequently fought on their fide; and till the battle of Evefham, fo fatal to that party, had employed every expedient to deprefs the royal caufe, and to promote the fuccefs of the barons. In the general accommodation, made with the van- * Trivet, p. 128. + Ann. Waverl. p. 235. 6 quifhed, \ E DW Aa. RED 4 65 e, quifhed, Lewellyn had alfo obtained his pardon; but as he was the moft power- ful, and therefore the moft obnoxious vaffal of the crown, he had reafon to en- tertain anxiety about his fituation, and to dread the future effects of refentment and jealoufy in the Englith monarch. For this reafon he had determined to provide for his fecurity by maintaining a fecret correfpondence with his former affociates; and he even made his addreffes to a daughter of the ear! of Leicefter, who was fent to him from beyond fea, but being intercepted in her paffage near: the ifles of Scilly, was detained in the court of England *, This incident en- creafing the mutual jealoufy between Edward and Lewellyn, the latter, when required to come to England, and do homage to the. new King, fcrupled to put himfelf into the hands of an enemy, defired a fafe conduct from Ed- ward, infifted upon having the King’s fon and other noblemen delivered to him as hoftages, and demanded, that his fpoufe fhould be previoufly fet at liberty 7+ The King, having now brought the ftate to a full fettlement, was not difpleafed with this oceafion of exercifing his authority, and fubduing entirely the principa- lity of Wales. He refufed all Lewellyn’s demands, except that of a fafe conducts fent him repeated fummons to perform the duty of a vafial ; levied an army to reduce him to obedience ; obtained a new aid of a fifteenth from parliament; and marched out with certain affurance of fuccefs againft the enemy. Befides the great difproportion of force between the kingdom and principality, the circumftances of the two ftates were now entirely reverfed ; and the fame inteftine diffentions, which had formerly weakened England, now prevailed in Wales, and had even taken place in the reigning family. David and Roderic, brothers to Lewellyn, had been difpoffefled of their inheritance by that prince, had been obliged to have recourfe to the protection of Edward, and feconded with all their intereft, which was extenfive, his attempts to enflave their native country. The Welfh prince had no other refource but in the inaccefible fituation of his mountains, which had hitherto, thro’ many ages, defended his forefathers againft all the attempts of the Saxon and Norman conquerors; and he retired among the hills of Snow- dun, refolute to defend himfelf to the laft extremity. But Edward equally vigorous and cautious, entering by the north with a formidable army, pierced into the heart of the country ; and having carefully explored every road before him, and fecured every pals behind him, approached the Welth army in its laft retreat. He here avoided the putting to trial the valour of a nation, proud of its antient independance, and enflamed with animofity againft its hereditary enemies; and he trufted to the flow, but fure effets of famine, for reducing that people tm as Walfng. p. 46, 47. Heming. vol. i. p+ 5- Trivet, p. 243. + Rymer, vol. il. p- Oey. Walling. p. 46. Trivet, p. 247. Vou. Il. K fubs ony 1277s | 66 its 2.0 %-.07 ENGLAND. Chap. XIII. fubjeftion. The rude and fimple manners of the natives, as well as the moun- a. BES iets: Raa aaa Beefs ‘ae Sale), . rainous fituation of their country, had made them entirely neglect tillage, and’ truft to pafturage alone for their fubfiftance : A method of life which had hither- . to fecured them againft the irregular attempts of the Englifh, but expofed thenr co certain ruin, when the conquelt of the country was fteadily purfued, and pru- dently planned by Edward. Deftitute of magazines, cooped up in a narrow cor- ner, they and their cattle fuffered equally from famine; and: Lewellyn, withouc being able to ftrike a ftroke for his independance, was at laft obliged to fubmit at: difcretion, and receive the terms impofed upon him by the victor *. He bound himfelf to pay to Edward 50,000 pounds, as reparation of damages ;. to do ho-. mage to the crown of England; to permit all the other barons of Wales, except four near Snowdun, to {wear fealty to the fame crown ;, to relinquifh: the country between Chefhire and the river Conway 3, to fettle on his brother Roderic, a thou- fand marks a year, and on David five ‘hundred : and to deliver ten. hoftages for fecurity of his future fubmiffion T. Epwarp, on the performance of the other articles, remitted to the prince of Wales the payment of the 50,000 pounds {, which were ftipulated by treaty, and which, it is probable, the poverty of the country made it abfolutely impoffible for him to levy. But complaints of other hardfhips. foon arofe on the fide of the vanquifhed : The Englith, infolent on their eafy and bloodlefs victory, oppreffed the inhabitants of the diftricts which were yielded to them: The lords marchers. committed with impunity all-kinds of violence on their Welfh neighbours : New and more fevere terms were impofed on Lewellyn himfelf; and Edward, when the prince attended: him at Worcefter, exacted a promife that he would retain no perfon in his principality who fhould be difagreeable to the Englifh monarch §, "Phere were other perfonal infults, which raifed the indignation of the Welfh,. and made them determine rather to: encounter a force, which they had already - experienced to be fo much fuperior, than to bear any longer the oppreffion of the haughty victors. Prince David, feized with the national fpirit, made peace with his brother, and promifed to concur in the defence of public liberty. The- Welth flew to arms; and Edward, not difpleafed with the occafion of making: his conqueft final and abfolute, fummoned together all his military tenants, and: advanced into Wales with an army, which the inhabitants could not reafonably. hope to refift. ‘The fituation of the country gave the Welth at firft fome advan- tage over Luke de Tany, one of Edward's captains, who had paffed the Menau. * T, Wykes,.p. 105. + Rymer, vol. ii. p. 88. Walfing. p. 47. Trivet, p. 251. TT. @Wykes, p. 106, t Rymer; p. 92. § Dr, Powell’s Hift. of Wales, p. 344, 345- with: BaDoW A> R..D. i 1. BNGe with a detachment *: But Lewellyn, being furprized by Mortimer, was defeated and {lain in the aétion, ard 2000 of his followers were put to the fword +. David, who fucceeded him in the principality, could never collect an army fufficient to face the Englifh ; and being chaced from hill to hill, and hunted from one re- treat to another, was cbliged to conceal himfelf under various difguifes, and was at laft betrayed in his lurking-place to the enemy. Edward fent him in chains to Shrewfbury ; and bringing him to a formal trial before all the peers of England, ordered this fovereign prince to be hanged, drawn, and quartered, asa traitor, for defending by arms the liberties of his native country, together with his own hereditary authority {. All the Welth nobility fubmitted to the con- queror ; the laws of England, with the fheriffs and other minifters of juftice, were eftablifhed in that principality ; and tho’ it was long before national antipathies were extinguifhed, anda thorough union accomplifhed between the people, yet this important conqueft, which it had required eight hundred years fully to effec- ‘tuate, was at laft, thro’ the abilitics of Edward, compleated by the Englith. Tue King, fenfible that nothing kept alive the ideas of military valour and of ancient glory, fo muchas the traditional poetry of the people, which, affifted by the power of mufic, and the jollity of feftivals, made deep impreffion on the minds of the youth, gathered together all the Welfh bards, and from a barba- rous, tho’ not abfurd policy, ordered them to be put to death §. TuereE prevails a vulgar ftory, which, as it fuits exaétly the capacity of the monkith writers, is carefully recorded by them: That Edward affembling the Welth, promifed to give them a prince of unexceptionable manners, a Welfhman by birth, and one whocould fpeak no other language. On their acclamations of joy, and promife of otedience, he invetted in the principality his fecond fon Ed- ward, then an infant, who had been born at Carnarvon. The death of his eldeft fon Alfonfo, foon after, made young Edward heir of the monarchy: The prin- cipality of Wales was fully annexed to the crown; and henceforth gives a title to the eldeft fon of the kings of England. Tue fettlement of Wales appeared fo complete to Edward, that in lefs than two years after, he went abroad in order to make peace between Alphonfo, King of Arragon, and Philip le Bel, who had newly fucceeded his father Philip le Hardy in the throne of France |. The difference between thefe two princes had * Walfing. p. so: Heming. vol.i. p. 9. Trivet, p. 258. T, Wykes, p- 110. + Heming. vol. i. p. 11. Trivet, p. 257. Ann. Waverl. p. 235. + Heming. vol. i. p. 12+ Trivet, ps 259. Ann. Warerl. p. 238. TT. Wykes, p. 111. M. Weft. p. 411. § Sir J. Wynne, p. 15. | Rymer, vol, ii, ps 149, 150 1746 K 2 arifen Chap. XIII, 12536 1284. 1284. 1286. RES ae » ii pe ew | ia. Fi 7a. . 4 " nt ite eset d hal rks + x x whr'ss x 5 =h » 2% , oka Vi oe ee Ne 3 , ' dA RE AR RR iy iP tess, te be ee, ee Eg eee te ee 68 HISTORY or ENGLAND. Chap. XIII. arifen about the kingdom of Sicily, which the Pope, after his hopes from Eng 1286, Jand failed him, had beftowed on Charles, brother to St. Lewis, and which was. claimed upon other titles, by Peter King of Arragon, father to Alphonfo. Ed- ward had poweis from both princes to fettle the peace, and he fucceeded in his endeavours ;. but as the controverfy nowife regards England, we fhall not enter into a detail of it. He ftayed abroad above three years; and on his return, found many diforders :o have prevailed, both from open violence, and from the corrup- tion of juftice. ! Tuomas CH‘MBERLAIN, a gentleman of fome note, had affembled feveral’ of his affociates at Bolton, in Lincolnthire, under pretence of holding a tournament,. an exercife pra€ifed by the gentry only ; but in reality with a view of plundering the rich fair of Bofton, and‘ robbing the merchants. To facilitate his purpofe, he privately fet fire to the town, and while the inhabitants were employed in quench- ing the flames,, the confpirators broke into the booths, and carried off the goods.. Chamberlain himfelf was detected and hanged ;. but maintained fo fteadily the point of honour to his accomplices, that he could not be prevailed with, by any, offers or proaifes, to difcover any of them. Many other inftances of rob- bery and violerce broke out, in all parts of England ;, tho’ the fingular circum- fiances, attendng this confpiracy, have made it alone be particularly recorded by hiftorians *. Bur the co-ruption. of the judges, by which the fountains of juftice were poifoned, feermed ftill of more dangerous confequence, Edward, in order to re-. medy this prevailing abufe, fummoned @ parliament, and brought.the judges to. a trial, where slkof them, except two, who were clergymen, were convicted of this flagrant inquity, were fined, and’ depofed from their office. The amount of the fines leviec upon them, is alone a.fufficient proof of their guilt; being above one hundred thoufand marks, an.immenfe fum in thofe days, and fufficient to- defray the charges of an expenfive war. between two great kingdoms. The King. afterwards maie all the new judges fwear, that they would take no bribes; but his expedient, of Jepofing and fining the old ones, was the more effectual remedy. We come now to give an account of the affairs of Scotland, which form the moft interefting tranfactions of this reign, and of fome of the fubfequent ;: tho” the intercourt of that kinodom with England, either in peace or war, had hi- D db P + I therto produc:d fo. few events of moment, that to avoid tedioufnefs, we: have- omitted many of them, and have been very, concife in relating the reft. If the * Heming. voh i. p. 16, 175 Scots. 2 ow A ORO 69: Scots had, before this period, any real hiftory, worthy of the name, except what they pick up from fcattered paffages of the Englith hiftorians, thefe events, how- ever minute, yet being the only foreign tranfaCtions of the nation, mght deferve a: place in it. Tuo’ the government of Scotland had been continually expofed to thofe fac- tons and convulfions, which are incident to all barbarous, and to many civiliz- ed nations; and tho’ the fucceffions of their Kings, the only part of ‘heir hiftory: which deferves any credit, had been often difordered by irregularities and ufurpa- tions; the true heir of the royal family had ftill in the end prevailed, and Alex- ander III. who had efpoufed Edward’s fifler, probably inherited, after a period of above eight hundred years, and thro’ a fucceflion of males, the ftepter of all the Scottifh princes, who had governed the nation, fince its firft eftalifhment in the ifland. This prince died in 1286 by a fall from his horfe at Kingtorn *,. with- out leaving any male iffue, and without any defcendants, except Margaret, born of Eric, King of Norway, and of Margaret, daughter of the Scottih monarch. This princels, commonly called the maid of Norway, tho’ a female, and an infant, and a foreigner, yet being the lawful heir of the kingdom, had, thro her grand- father’s care, been recognized fucceffor by the ftates of Scotland + ; and on Alex- ander’s death, the difpofitions, which had been previoufly made againf: that event,. appeared fo juft and prudent, that no diforders, as might naturally be apprehend- ed, enfued in the kingdom. Margaret was acknowledged queen cf Scotiand ; five guardians, the bifhops of St. Andrews and Glafgow, the earls of Fife and Buchan, and James, fteward of Scotland, entered peaceably upon the adminiftra- tion; and the infant princefs, under the protection of Edward, her great uncle, and Eric, her father who exerted -hemfelves. on this occafion, feemed firmly feated on the throne of Scotland. The Englifh monarch was natunlly engaged to build mighty projeéts on this event; and having lately, by force of arms, brought Wales unde: fubjeCtion, he attefhpted, by the marriage of Margaret with his eldeft fo: vard, to unite the whole ifland into one monarchy, and thereby to give it full iccurity both againft domeftic convulfions anc foreign in- vafions. The amity, which had of late prevailed between the two nations, and which, even in former times, had never been interrupted by. any vplent wars or injuries, facilitated extremely the execution of this project, fo. favoirable to the happinef and grandeur of both kingdoms ;. and the ftates of Scctland readily eave their affent to the Englifh propofals, and even agreed, that their young fo- vereign fhould be educated in the court of Edward. Anxious, 10wever, for the liberty and independancy of their country, they took care to tipulate very * Heming, vol. i. p. 29. Trivet, p. 267. + Rymer,,vol, ii, p. :60. ‘cab! equitable Chap. XIIT. 1230; Affairs of Scotlard. 12.90% 70 Mis 7, OR 67:-2:2N6 LAND Chap. XIII. equitable conditions, ere they entrufted themfelves into the hands of {9 ereat and 9° fo ambitious a monarch ; that they fhould enjoy all their ancient laws, liberties, and cuftoms; that in cafe young Edward and Margaret fhould die without iffue, the crown of Scotland fhould revert to the next heirs, and fhould be inherited by them free and independent; that the military tenants of the crown fhould never be obliged to go out of Scotland, in order to do homage to the fovereign of the unit- ed kingdoms, nor the chapters of cathedral, collegiate or conventual churches, in order to make elections; that the parliaments, fummoned for Scots affairs, fhould always be held within the bounds of that kingdom ; and that Edward fhould bind himfelf, under the penalty of 100,000 marks, payable to the Pope for the ufe of the holy wars, to obferve all thefe articles *, It is not eafy to con- ceive that two nations could have treated more ona footing of equality than Scot- land and England maintained during the courfe of this whole tranfaGtion : And tho’ Edward gave his affent to the article, concerning the future independancy of the Scottifh crown, with a faving of bis former rights; this referve gave no alarm to the nobility of Scotland, both becaufe thefe rights, having been hitherto little heard of, had occafioned no difturbance, and becaufe the Scots had fo near a profpect of feeing them entirely abforbed in the rights of their fovereignty. £291. Bur this project, fo happily formed and fo amicably conducted, failed of fuc- cefs, by the fudden death of the Norvegian princefs, who expired on her paflage to Scotland +, and left a very difmal profpect to the kingdom. Tho’ diforders were for the prefent obviated by the authority of the regency formerly eftablifhed, ‘Competitors the fucceflion of the crown itfelf was now become an object of difpute; and the for the crow regents could not expect, that a controverfy, which is not ufually decided by rea- of Scotland. on and argument alone, would be peaceably fettled by them, or even by the {tates of the kingdom, amidft fo many powerful pretenders. The pofterity of William, King of Scotland, the prince, who was taken prifoner by Henry II, being all extinct by the death of Margaret of Norway ; the right to the crown was devolved on the line of David, earl of Fiuntington, brother to William, whofe male line, being alfo extin@, left the fucceffion open to the pofterity of his daughters. The earl of Huntington had three daughters ; Margaret, married to Alan lord of Galloway, Ifabella, wife of Robert Brus or Bruce, lord of Annan- dale, and Adama, who efpoufed Henry lord Flaftings. Margaret, the eldeft of the three fifters, left one daughter, Devergilda, married to John Baliol, by whom fhe had a fon of the fame name, one of the prefent candidates for the crawn: Ifabella the fecond, bore a fon, Robert Bruce, who was now alive, and alfo infifted on his * Rymer, vol. ii. p. 482, + Heming. vol. i. p, 30. Trivet, p. 268. claim ; a Ae A i Ae Rn a EB PW 2 RDS ot claim : Adama the third left a fon, John Hatftings, who pretended that the king- dom of Scotland, like many other inheritances, was divifible among the three daughters of the earl of Huntington, and that he, in the right of his mother, had a title tothe third of it. Baliol and Bruce united againft Haftings, in main- taining that the fucceffion to the crown was impartible ; but each of them, fup- orted by plaufible reafons, afferted the preference of his own title. Baliol wa P y S fprung from the elder branch; Bruce was one degree nearer the common ftock : Hf the right of reprefentation was regarded, the former had the better claim: It propinquity was confidered, the latter was entitled to the preference *. The fen- timents of men were divided: All the nobility had taken part with one fide or the other: The people followed implicitly their leaders: The two candidates themfelves had great power and numerous retainers ‘in Scotland: And it is no wonder, that among a rude people, more accuftomed to arms than enured to laws, a controverfy of this nature, which could not be decided by any former precedent among them, and which is capable of exciting com motions in the moft jegal and beft eftablifhed governments, fhould threaten the ftate with the moft fatal convulfions. Eacn age has its peculiar mode in conducting bufinefs ; and men, guided more by cuftom than by reafon, follow, without enquiry, the manners, which are pre- valent in their own time. ‘The prefent practice, in the controverfies between ftates and princes, feems to have been to choofe a foreign prince, as an equal arbiter, by whom the queftion was decided, and whofe fentence prevented thofe difmal confufions and diforders, infeparable at all times from war, but which were multiplied an hundred fold, and difperfed into every corner, by the nature of the feudal governments. It was thus, that the Englifh King and barons, in the foregoing reign, -had endeavoured to compofe their domeftic diflenfions by a re- ference to the King of France; and the celebrated integrity of that monarch had prevented all the bad effeéts, which might naturally have been dreaded from fo perilous an expedient. It was thus, that the kings of France and Arragon, and afterwards other princes, had fubmitted their controverfies to Edward’s judg- ment; and the remotenefs of their ftates, the great power of the princes, and the little intere(t, which he had on either fide, had induced him to acquit himfelf with honour in his decifions. The parliament of Scotland, therefore, threatened with a furious civil war, and allured by the great reputation of the Englifh mo- narch, as well as by the prefent amicable correfpondence between the kingdoms, acreed in making a reference to Edward; and Frafer, bifhop of St. Andrews,. with other deputies, was fent to notify to him their refolution, and to claim his * Heming,. voli, p. 36. $ sood: © —_— } p. X ITE, 129% Reference to Edward. dios gta ith aabetasiinsaes, 2 2 ‘iy =e eis, ali , H . piss, EES (5 = jee, ee : Ee § . ] - RS ee sdf e533 eee Sit, fs Pavey A allie AA QPAR: SelB she 12Q1. Homage of Scotland. oe HISTORY or ENGLAND. Chap. KILI. good offices in the prefent dangers to which they were expofed *. His inclina- tion, they flattered themfelves, led him to prevent their diffenfions, and to in- terpofe with a power, which none of the candidates would dare to withftand: When this expedient was propofed by one party, the other deemed it dangerous to object to it: Indifferent perfons thought that the imminent perils of a civil war would thereby be prevented : And no one reflected on the ambitious cha- raéter of Edward, and the almoft certain ruin, which muft attend a fmall ftate, divided by fa¢tions, when it thus implicitly fubmits itfelf to the will of fo powerful and encroaching a neighbour. ) Tue temptation was too ftrong for the virtue of the Enelifh monarch to re- fit. He propofed to lay hold of the prefent favourable opportunity, and if not to create, at leaft to revive, his claim of a feudal fuperiority over Scotland; a claim which had hitherto lain in the deepeft obfcurity, and which, if ever it had been an object of attention, or had been fo much as fufpected, would have ef- feétually prevented the Scottifh barons from choofing him for an umpire. He well knew, that, if this pretenfion was once fubmitted to, as it feemed difficult in the prefent fituation of Scotland to oppofe it, the abfolute fovereignty of that kingdom, (which had been the cafe with Wales) would foon follow; and that one great vafial, cooped up in an ifland with his liege lord, without refource from foreign powers, without aid from any fellow vaflals, could not long main- tain his dominion againft the efforts of a mighty kingdom, affifted by all the cavils which the feudal law afforded his fuperior againft him. In purfuit of this great object, very advantageous to England, perhaps in the end no lefs be- neficial to Scotland, but extremely unjuft and iniquitous in itfelf, Edward bufied himfelf in fearching for proofs of his pretended fuperiority ; and inftead of looking ‘nto his own archives, which, if his claim had been real, mu(ft have afforded him numerous records of the homages paid by the Scottifh princes, and could alone yield him any authentic teftimony, he made all the monafteries be ranfacked for old chronicles and hiftories wrote by Englifhmen, and he collected all the paflages, which feemed any wife to favour his pretenfions +. Yet even in this method of proceeding, which muft have difcovered to himfelf the injuftice of his claim, he was far from being fortunate. He began his proofs from the time of E.dward the elder, and continued them thro’ all the Sixon and Norman times ; but produced nothing to his purpofey. The whole amount of his authoritics during the Saxon period, when ftripped of the bombaft and inaccurate file of the monks, is, that the Scots had fometimes been defeated by the Englifh, had + Walling. De BE t+ Rymer, vol. ii. p. 559. 2 | received *® Fleming. vol, i. ps 31. bint e ~ _ TD a ee RS ae Ee: DW SA. Be D I, 73 received peace on difadvantageous terms, had made fubmiffions to the Englifh monarch, and had even perhaps fallen into fome dependance on a power, which was fo much fuperior, and which they had not at that time fufficient force to re- fift. His authorities from the Norman period were, if poffible, ftill lefs conclu- five: The hiftorians indeed make frequent mention of an homage paid by the nor- thern potentate ; but no one.of them fays that it was done for his kingdom, and feveral of them declare, in exprefs terms, that it was relative only to the fiefs which he enjoyed fouth of the Tweed *; in the fame manner, as the King of Eng- land himfelf {wore fealty to the French monarch, for the fiefs, which he inhe- rited in France. Andto fuch fcandalous fhifts was Edward reduced, that he quotes a paflage from Hoveden+, where it is afferted, that a Scottifh King had done homage to England ; but he purpofely omits the latter part of the fame fen- tence, which expreffes that this prince did homage for the lands, which he held in England. WueEn William, King of Scotland, was taken prifoner in the battle of Aln- wic, he was obliged, for the recovery of his liberty, to fwear fealty to the vic- tor for his crown itfelf. The deed was performed according to all the rites of the feudal law: The record was preferved in the Englifh archives, as well as mentioned by all the hiftorians: But as it is the only one of the kind, and as hifto- rians fpeak of this fuperiority as a great acquifition gained by the fortunate arms of Henry II. there can remain no doubt, that the kingdom of Scotland was, in all former periods, entirely free and independant. Its fubjection continued a very few years: King Richard, defirous, before his.departure for the Holy Land, to conciliate the friendfhip of William, renounced that homage, which he fays in exprefs terms, had been extorfed by his father; and he only retained the ufual homage, which had been done by the Scottith princes for the lands, which they held in England, Bur tho’ this tranfaction rendered the independance of Scotland ftill more un- queftionable, than if no fealty had ever been {worn to the Englith crown ; the Scottith Kings, apprized of the point aimed at by their powerful neighbours, feem for a long time to have retained fome jealoufy on that head, and in doing homage, to have anxioufly obviated all fuch pretenfions. When William in 1200 did homage to John at Lincoln, he was careful to infert a falvo for his royal dig- nity §: When Alexander III. fent affiftance to his father-in-law, Henry III. dur- ing the barons wars, he previoufly procured an acknowledgment, that this aid * Hoveden, p. 492, 662. M. Paris, p. 109. M. Welt. p. 250. + P. 662. t Neubr. lib. 2. cap. 4, Knyghton, p. 2392. § Hoveden, p. 811. Vou. II, L, was Chap. XUL izgl. 74 HISTORY or ENGLAND. Chap. XIII, was only granted fom friendfhip, not from any right claimed by the Enelifh 1291. monarch *: And when the fame prince was invited to aflift at the coronation of this very Edward, le declined attendance, till he received a like acknowledg- ment ‘f. Bur * Rymer, vol. ii. p. 44. + Rymer, vol. ii, p. 216, 845. There cannot be the leaft queftion, that the homage ufually paid by the Kings of Scotlandwas not for their crown, but for fome other territory. The only queftion re- mains, what that territory was? It was not always for the earldom of Huntington, nor the honour of Penryth ; becaufe we finc it fometimes done at a time when thefe pofleflions were not in the hands of the Kings of Scotland. Jt is probable, that the homage was performed in general terms without any particular fpecification of territory 5 and this inaccuracy had proceeded either from fome difpute be- tween the two Kings abut the territory and fome oppofite claims, which were compromifed by the general homage, or fron the fimplicity of the age, which employed few words in every tranfaction. To prove this we need tut look into the letter of King Richard, where he refigns the homage of Scotland, referving the tual homage. His words are, Sepedidtus W. Rex ligius homo nofler deveniat de omnibus terris de quibus ateceffores fui antecefforum nofirorum ligit bomenes fuerunt, et nobis atque heredi- bus noftris fideletatem jurarunt. Rymer, vol.i. p. 65. ‘Thefe general terms were probably copied from the ufual form of tie homage itfelf. It is no proof that theKings of Scotland poffeffed no lands nor baronies in England, becaufe we can- not find them in the imp»rfeét hiftories and records of that age. For inftance, it appears clearly from another paflage of this very letter of Richard, that the Scottifh King had lands both in the county of Huntington and elfewher in England; tho’ the earldom of Huntington itfelf was then in the perfon of his brother, David; andwe knew at prefent of no other baronies, which William held. It cannot be expected that we fhould 10w be able to fpecify all his fees which he either poffeffed or claimed in Eng- Jand; when it is probate that the two monarchs themfelves and their minifters, would at that very time have differed in the lift: The Scottifh King might pofflefs fome to which his right was difputed ; he might claim others, vhich he did not poflefs: And neither of the Kings was willing to refign his pretenfions by a particular enumeration. A late author of gre: induftry and learning, but full of prejudices, and of no penetration, Mr. Carte, has taken advantge of the undefined terms of the Scots homage, and has pretended that it was done for Lothian and Galloway, that is, all the territories of the country now called Scotland, lyicg fouth of the Clyde and Torth. But to refute this pretenfion at once, we need only confider, that if thefe terricories were hed in fee of the Englith Kings, there would, by the nature of the feudal law as eftablifhed in Englanc, have been continual appeals from them to the courts of the lord Paramont; contrary to all the hiftoties and records of thatage. We find, that, as foon as Edward really eftablifh- ed his fuperiority, appeils immediately commenced from all parts of Scotland: And that King, in his writ to the King’s Bencl, confiders them as a neceflary confequence of the feudal tenures. Such large territories alfo would hae fupplied a confiderable part of the Englifh armies, which never could have efcaped all the hiftorian. Not to mention that there is not any inftance of a Scots prifoner of war being tried 2s a rebel, in the many hoftilities between the kingdoms, where the Scots armies were chiefly filkd from the futhern counties. Mr, Carte’s notion with regard to Galloway, which comprehends, in the language of that age, or rather in that of the preceding, moft of the fouth-weft counties of Scotland ; his notion, I fay, reits on 5 ey we ae ee Pe ~ pp 2eiesel B.D GA Ra DISEE m5 Burt as all thefe reafons (and ftronger could not be produced) were buta feeble Chap. XIII. rampart againft the power of the fword, Edward, carrying withhimagreatarmy, ‘?' which on fo flight a foundation, that it {carce merits being refuted. He will have it (and merely becaufe he will have it) that the Cumberland, yielded by King Edmund to Malcolm I. meant not only the coun- ty in England of that name, but all the territory northwards to the Clyde. But the cafe of Lothian deferves {ome more confideration. It is certain, that in very antient language, Scotland means only the country north of the firths of Clyde and Forth. I fhall not make a parade of literature to prove it; becaufe I do not find that this point is difputed by the Scots themfelves. ‘The fouthern country was divided into Galloway and Lo- thian; and the latter comprehended all the fouth-eaft counties. ‘This territory was certainly a part of the antient kingdom of Northumberland, and was entirely peopled by Saxons, who afterwards receiv- ed a great mixture of Danes among them. It appears from all the Englifh hiftories, that the whole kingdom of Northumberland paid very little obedience to the Saxon monarchs, who governed after the diffolution of the heptarchy ; and the northern and remote parts of it feem to have fallen into a kind of anarchy, fometimes pillaged by the Danes, and fometimes concurring with them in their ra- vages upon other parts of England. The Kings of Scotland, lying nearer them, took at laft poffeflion of the country, which had fcarce any government, and we are told by Matthew of Weftminfter, p. 193. that King Edgar made a grant of the territory to Kenneth IIT. that 1s, he refigned claims, which he could not make effeGtual, without beftowing on them more trouble and expence than they were worth: For thefe are the only grants of provinces made hy Kings; and fo ambitious and active a prince as Edgar would never have given prefents of any otherkind. Tho’ Matthew of Weftminfter’s autho- rity may appear fmall with regard to fo remote a tranfaction; yet we may admit it in this cafe, be- caufe Ordericus Vitalis, a very good authority, tells us, p. 701. that Malcolm acknowledged to Wil- liam Rufus, that the Conqueror had confirmed to him the former grant of Lothian. But it follows not, becaufe Edgar made this fpecies of grant to Kenneth, that therefore he exacted homage for that terri- tory. Homage and all the rites of the feudal law were very little known to the Saxons; and we may alfo fuppofe, that the claim of Edgar was fo antiquated and weak, that in refigning it, he made no very valuable conceffion, and’ Kenneth might well refufe to hold by fo precarious a tenure a terri- tory, which he at prefent held by the fword. In fhort, no author fays, he did homage for it. The only colour indeed of authority for Mr. Carte’s notion is, that Matthew Paris, who wrote in the reign of Henry IIT. before Edward’s claim of fuperiority was heard of, fays that Alexander III. did homage to Henry III. pro Laudiano et alzis terris. See page 555. This word feems naturally to be interpreted Lothian, But in the firft place, Matthew Paris’s teftimony, tho’ confiderable, will not outweigh that of all the other hiftorians, who fay that the Scots homage wa: always done for lands in England. Secondly, if the Scots homage was done in general terms (as hes been already proved) itis no wonder that hiftorians fhould differ in their account of the objeét of it, fince the parties them- felves were not fully agreed. ‘Thirdly, there is reafon to think that Laudianum in Matthew Paris does not mean Lothian in Scotland. There appears to have been a territory, which antiently bore that ora fimilar name, in the north of England. For (:) The Saxon Chronicle, p. 197. fays that Malcolm Kenmure met William Rufus in Lodene in England. (2) Itis agreed by all the hiftorians, that Hen- ry Il, only reconquered from Scotland the northern counties of Northumberland, Cumberland, and Weftmorland. See Neubriggs, p. 383. Wykes, p. 30. Hemingford, p. 492. Yet the fame coun- try is called by other hiftorians Loidis, comitatus Lodonenfis, or fome fuch name. See M. Paris, p. 68. M. Weft. p, 217. Annal. Waver!l, p. 159. and Diceto, p. 531. (3) This Luft mentioned author, eee when 6 HISTORY or ENGLAND. Chap. XIII, which was to enforce his proofs, advanced to the frontiers, and invited the Scots 1291. aoth May. parliament and all the competitors to attend him in the caftle of Norham, a place Gtuated on the fouthern banks of the I'weed, in order to determine that caufe, which had been referred to his arbitration. But tho’ this deference feemed due to fo great a monarch, and was no more than what his father and the Englith barons had, in fimilar circumftances, paid to Lewis IX. the King, careful not to give umbrage, and determined never to produce his claim, till it fhould be too late to think of oppofition, feat the Scottith barons an acknowledgement, that, tho’ at this time they paffed the frontiers, fuch a ftep fhould never be drawn into pre- cedent, nor afford the Englifh Kings a pretence for exacting a like fubmiffion in any future tranfactions * When the whole Scottifh nation had thus unwari- ly put themfelves in his power, Edward opened the conferences at Norham; and informed the parliament, by the mouth of Roger le Brabangon, his chief juf- ticiary, that he was come thither to determine the right among the competitors to their crown; that he wes determined to do ftrict juftice to all parties; and that he was intitled to this authority, not in virtue of the reference made to him, but in the quality of fuperior and liege lord of the kingdom‘. He then pro- duced his proofs of this fuperiority, which he pretended to be unqueftionable, and he required of them aa acknowledgment of it; a demand, which was fu- perfluous if the fact was alieady known and avowed, and which plainly betrays Edward’s confcioufnefs of his lame and defettive title. The Scots parliament were aftonifhed at fo new a pretenfion, and anfwered only by their filence. But the King, in order to maintain the appearance of free and regular proceedings, when he fpeaks of Lothian in Scotland, calls it Loheneis, p. 574. tho’ he had called the Englifh ter- ritory Loidis. (4) King David’s charter to the church of Durham, begins with this paflage. Ovmni- bus Scotis €F Anglis, tam in Scotia, quam in Ledonets conftitutis, &c. See Spellman Gloff. in verbo Sce- tia, Whence we may learn, thatthe province of Lodoxeium was not only ficuated fouth of the Tweed, but alfo extended beyond Durham, and made a part of England, I thought th’s long note requilite in order to correct Mr. Carte’s miftake, an author whofe dili- gence and induftry has given lightto many paflages of the more antient Englifh hiftory. * Rymer, vol. ii. p. 539, 845. Walfing. p. 56. + Rymer, vol. ii. p. 543. Itis remarkable that the Englith chancellor fpoke to the Scots parlia- ment inthe French tongue. This was alfo the language commonly made ufe of by al] parties on that occafion. Ibid. paflim. The moft confiderable of the Scots, as well as almoft all the Englifh barons, were of French origin; they valued themfelves upon it ; and pretended todefpife the language and man- ners of the ifland. It is difficul: to account for the fettlement of fo many French families in Scotland, the Bruces, Baliols, St. Clairs, Montgomeries, Somervilles, Gordons, Frafers, Cummins, Colvilles, Umfrevilles, Mowbrays, Hays, Maules, who were not fupported there, as in England, by the power of the fword. But the fuperiority of civility and knowledge, however f{mall, over total ignorance and barbarifm, is prodigious. defired BE D VW: fee RSD 4 hi G P 1, a ok! +1 Qn } 44 . " a i$ eaktaA ae . > ; deSred them to remove into their own count y, to celpcrate upon his claim, to Chap. XUI. examine his proofs, to propofe all their obj-ctons, « todeformhim of -'79* their refolutions: And he appointed a plain at U pleticton, the noerherna banks of the I'weed, for that purpofe. WyeEn the Scottith barons affembled in this place, tho’ moved wita in @fat-on at the injuttice of this unexpected claim, and at the fraud with which i. h id been conducted, they found themfelves betrayed into a ficuition, in which it was tm- poffible for them to make any cefence for the ancien: liberty and independance of their country. The King of England, a martial and politic prince, at the head of a powerful army, lay at a very {mall diftance, and was only feparated from them by a river fordable in many places. Tho’ by a fudden flight fome of them might themfelves be able to make their.efcape; what hopes could they entertain of fecuring the kingdom acaini{t his future enterprizes ? Without a head, without union among themi{elves, attached all of them to different competitors, whofe title they had rafhly fubmitted to the decifion of this foreign ufurper, and who were thereby reduced to an abfolute dependance upon him ; they could only expect by refiftance to entail on themfelves and their pofterity a more grievous and more deftructive fervitude. Yet even in this defoerate ftate of their affairs, the Scottifh barons, as we learn from Walfingham *, one of the beft hiftorians of that period, had the courage to reply, that till they had a King they could take no refolution on fo momentous 4 point: The journal of King Edward fays, that they made no anfwer at all +: That is, perhaps, no particular antwer or objection to KE. dward’s claim: And by this folution it is poffible to reconcile the journal with the hiftorian. The King therefore interpreting their filence as a confent, addreffed himfelf to the feveral competitors, and previoufly to his pro- nouncing fentence, required their acknowledgment of his fuperiority. Ir is evident from the genealogy of the royal family of Scotland, that there could only be two queftions about the fucceffion, that between Baliol and Bruce on the one hand, and lord Haftings on the other, concerning the partition of the crown; and that between Baliol and Bruce themfelves, concerning the preference of their refpective titles, fuppofing the kingdom indivifble: Yet there appeared on this occafion no Icfs than nine claimants befides, who challenged the crown; John Comyn or Cummin lord of Badenoch, Florence earl of Holland, Patrick Dun- bar eat! of March, William de Vefcey, Robert de Pynkeni, Nicholas de Soules, Patrick Galythly, Roger de Mandeville, Robert de Rofs: not to mention the * Page 56. M. Welt. p. 436. It is faid by Hemingford, vol.i. p. 33; that the King menaced violently the Scots barons, and forced them to compliance, at leal to filence. + Rymer, vol. il. p. 548, 2 Kin Cc © Chap. XIII. 1291. 98 HISTORY or ENGLAND. King of Norway, who claimed as heir to his daughter Margaret *. Some of thefe competitors were defcended from more remote branches of the royal family ; others were even fprung from illegitimate children; and as none of them had the leaft pretence of right, it is natural to conjecture, that Edward had fecretly encouraged them to appear in the lift of claimants, that he might fow the more divifions among the Scottifh nobility, make the caufe appear the more intricate, and be able to choofe, among a great number, the moft obfequious candidate. But he found them all equally obfequious on this occafion +. Robert Bruce was the firft who acknowledged Edward’s right of fuperiority over Scotland ; and he had fo far forefeen the King’s pretenfions, that even in his petition, where he fet forth his claim to the crown, he had previoufly applied to him as liege-lord of the kingdom ; a ftep which was not taken by any of the other candidates Tf, They all, however, with feeming willingnefs made a like acknowledgment when required ; tho’ Baliol, left he fhould give offence to the Scots nation, had taken care to be abfent during the firft days; and he was the laft who recognized the King’s title §. Edward next deliberated concerning the method of proceeding in the difcuffion of this great controverfy. He appointed, that Baliol and fuch of the candidates as adhered to him, fhould choofe forty commiffioners ; Bruce and his adherents other forty: To thefe the King added twenty-four Englifhmen : And he ordered thefe hundred and four commiffioners to examine the caufe deli- berately among themfelves, and make their report to him jj: And he promifed in the enfuing year to give his determination. Meanwhile, he pretended, that it was requifite to have all the fortreffes of Scotland delivered into his hands, in order to enable him, without oppofition, to put the true heir in poffeffion of the crown, and this exorbitant demand was complied with, both by the ftates and the candidates |. The governors alfo of all the caftles immediately refigned their command; except Umfreville earl of Angus, who refufed, without a formal acquittal from the parliament and the feveral claimants, to furrender his fortrefles to fuch a domineering arbiter, who had given to Scotland fo many juft reafons of fufpicion *. Before this afflembly broke up, which had fixed fuch a mark of difhonour on the nation, all the prelates and barons there prefent {wore fealty to Edward ; and that prince appointed commiffioners to take a like oath of all the other barons and perfons of diftinction in Scotland 7. | * Walfing. p. 58. + Rymer, vol, ii. p. 529, 545. Walfing. p. 56. Heming. vol. i. Pp. 33,34: Trivet, p. 269. M. Welt. p. 415. { Rymer, vol. ii. p. 377, 578, 579- § Rymer, vol. ii. p. 546. ~ {| Rymer, vol. ii. p. 555, 556. | Rymer, vol, iil. p. 529- Walfing. p. 56, 57. * Rymer, vol. ii. p. 531. + Rymer, vol. ii, p. 573- THE BoD Wedacd RADE “9 Tue King, having finally made, as he imagined, this important acquifition, lefe the commiffioners to fit at Berwick, and examine the titles of the feveral candidates, who claimed the precarious crown, which Edward was willing for fome time to allow the lawful heir to enjoy. He went fouthwards, both in order to afflift at the funerals of his mother, Queen Eleanor, who died about this time, and to compofe fome differences which had arifen among his principal nobility. Gilbert earl of Glocefter, the greateft baron of the kingdom, had efpoufed the king’s daughter; and being elated by that alliance, and ftill more by his own exorbitant power, which, he thought, fet him above the laws, he permitted his bailiffs and vaffals to commit violences on the lands of Humphrey Bohun earl of Hereford, who retaliated the injury by like violences, But this was not a reign in which fuch illegal proceedings could pafs with impunity. Edward pro- cured a fentence againft the two earls, committed them both to prifon, and would not reftore them to their liberty, till he exacted a fine of 1000 merks from Here- ford, and one of 10,000 from his fon-in-law. Durinc this interval, the titles of John Baliol and of Robert Bruce, whofe claims appeared to be the beft founded among the competitors to the crown of Scotland, were the fubjeét of general difquifition, as well as of debate among the commil- fioners. Edward, in order to give greater authority to his intended decifion, propofed this general queftion both to the affembly, and to all the celebrated lawyers in Europe; Whether a perfon defcended from the eldeft filter, but far- ther removed by one degree, was preferable in the fucceffion of kingdoms, fiefs, and other impartible inheritances, to one defcended from the younger fifter, but one degree nearer the common ftock? This was the true ftate of the cafe; and the right of reprefentation had now gained fuch ground every where, that an uni- form anfwer was returned to the King in the affirmative. He therefore pronounced fentence in favour of Baliol; and when Bruce, upon this difappointment, joined afterwards lord Haftings, and claimed a third of the kingdom, which he now pretended to be divifible, Edward, tho’ the interefts of his ambition feemed more to require the partition of Scotland, again pronounced fentence in favour of Ba- liol. That candidate, upon renewing his oath of fealty to England, was put in poffeffion of the kingdom *; all his fortreffes were reftored to him [ ; and the eonduét of Edward, both in the deliberate folemnity of the proceedings, and in the juftice of his award, was fo far unexceptionable. Hap the King entertained no other view than that of eftablifhing his fuperiority over Scotland, tho’ the iniquity of that claim was apparent, and was aggrar * Rymer, vo'. ii. p 590,591, 593, 600. ¢ Ibid. p. 590. F vate Chap. XIII. 1291. 1292. Award of Eid- ward in fa- vourof Baliol - = phe eS — ay a ribet, < ‘h ia E i "Aree Awe = y MED sore Cah rt se SESS SS are = : : ee A ERR aI ping tale ‘ Ret cohen ¥ - Lowa £ ‘ v } SEAN s CA 5) "a he > ‘ss Chap. XIII. 1293 War with France. $6 HISTORY or ENGLAND. vated by the moft egregious breach of truft, he might have fixed his pretenfions, and have left that important acquifition to his pofterity: But he immediately pro- ceeded in fuch a manner, as made it apparent, that, not contented with this ufurpa- tion, he aimed alfo at the abfolute fovereignty and dominion of the kingdom. Inftead of gradually enuring the Scots to bear the yoke, and exerting his rights of fuperiority with moderation, he encouraged all appeals to England; required King John himfelf, by fix different fummons on trivial occafions, to come to Lon- don *; refufed him the privilege of defending his caufe by a procurator; and obliged him to appear at the bar of his parliament asa private perfon 7. Thefe humiliating demands were hitherto quite unknown'to a King of Scotland: They are however the neceflary confequences of vaffalage by the feudal law; and as there was no preceding inftance of {uch treatment fubmitted to by a prince of that country, Edward muft, from that circumftance alone, had there remained any doubt, have been himfelf convinced, that his claim was altogether an ufurpa- tion ¢. But his intention plainly was, to enrage Baliol by thefe indignities, to engage him in rebellion, and to affume the dominion of the ftate as the punifh- ment of his treafon and felony. Accordingly Baliol, tho’ a prince of a foft and gentle fpirit, returned into Scotland highly provoked at this ufage, and determin- ed at all hazards to vindicate his liberty ; and the war which foon after broke out between France and England, gave him a favourable opportunity for executing his purpofe. Tue violences, robberies and diforders, to which that age was fo fubjeét, were not confined to the licentious barons and their retainers at land: The fea was equally infefted with pyracy: The weak execution of the laws had given li- cence to all orders of men: And a general appetite for rapine and revenge, fup- ported by a falfe point of honour, had alfo infected the merchants and mariners, and pufhed them, on any provocation, to feek redrefs, by immediate retaliation upon the agegreffors. A Norman and Englifh fhip met off the coaft near Ba- yonne; and having both occafion for frefh water, they fent their boats to land, and the feveral crews came at the fame time to the fame fpring: There enfued * Rymer, vol. ii. p. 603, 605, 606, 608, 615, 616. + Ryley’s Placit. Parl. p. r5z, 152: + See Rymer, vol. ii. p. 533, where Edward writes to the King’s Bench to receive appeals from Scotland. He knew the practice to be unufual; yet he eftablifhes it as an infallible confequence of his fuperiority. We learn alfo from the fame book, p. 603, that immediately upon receiving the ho. mage, he changed the ftyle of his addrefs to the Scots King, whom he now calls diled?o & fideli, in- ftead of fratri dile@o & fideli, the appellation wh ch he had always before ufed to him ; fee p. 109, 124, 168, 280, 1064, ‘This is a certain proof, that he himfelf was not deceived, as was fcarce indeed poilible, but that he was confcious of his ufurpation. Yet he folemnly {wore afterwards to the juftice of his pretenfions, when he defended them before Pope Boniface. | 8 a quarrel EY BOW: 422K Beak $i a quarrel for the preference: A Norman, drawing his dagger, attempted to {tab Chap. XIII. an Englifhman; who, grappling with him, threw his adverfary on the ground ; and the Norman, as was pretended, falling on his own dagger, was flain*.. This fcuffle between two feamen about water, kindled foon a bloody war between the two nations, and involved a great part of Europe in the quarrel. The mariners of the Norman fhip carried their complaints to the French King: Philip, with- out enquiring into the truth, without afking for redrefs, bid them take revenge, and trouble him no more about the matter +. The Normans, who had been more regular than ufual in applying to the crown, needed but this hint to proceed to immediate violence. They feized an Englifh fhip in the channel; and hanging, along with fome dogs, feveral of the crew on the yard-arm, in prefence of their companions, difmiffed the veffel { ; and bad the mariners inform their country- men, that vengeance was now taken for the blood of the Norman killed at Ba- yonne. This injury, accompanied by fo general and deliberate an infult, was re- fented by the mariners of the cinque ports, who, without carrying any com- plaints to the King, or waiting for redrefs, retaliated by committing like barba- rities on all, French veffels without diftinction. The French, provoked by their lofies, preyed on the hips of all Edward’s fubjects, whether Englifh or Gafcon: The fea became a fcene of pyracy between the nations: The fovereigns, without either feconding or repreffing the violence of their fubjects, feemed to continue indifferent {pestators: The Englifh made private affociations with the Irifh and Dutch feamen; the French with the Flemifh and Genoefe §: And the animoli- ties of the people on both fides became every day more violent and barbarous. A fleet of two hundred Norman veflels fet fail to the fouth for wine and other commodities ; and in their paflage, feized all the Englith fhips which they met with ; hanged the feamen, and feized the goods. The inhabitants of the Englifh fea-ports, informed of this event, fitted out a fleet of fixty fail, ftronger and bet- ter manned than the others; and awaited the enemy on their return. After an obftinate battle, they put them to rout, and funk, deftroyed, or took the ereateft part of them||. No quarter was given, and it is pretended, that the lofs of the French on this occafion, amounted to 15,000 men: Which ‘is ac- counted for by this circumftance, that the Norman fleet was employed in tranf- porting a confiderable body of foldiers from the fouth. Tue affair was now become too important to be any longer overlooked by the princes. On Philip’s fending an envoy to demand reparation and reftitution, the * Walfing, p. 58. Heming. vol. i. p. 39. + Walling. p. 58. = { Heming. vol. i, p. 40. M,. Wet. p. 419. § Heming. vol. 1. p. 40. | Walfing. p. 60. Trivet, p. 274. Chron, Dunft. vol. ii, p. Cog. : . Vou. UU, M King 1293: ee = oe oe BET ck ae a ee eer ee i i A SS OE a i ‘ a en entettense enarentvaidens se eae — , - . $2 “WIS TOR Yor ENG LIAN D. Chap. XIII. King difpatched the bifhop of London to the French court, in order to accom- Bas b. a ee 42 wee - SS pice ha 8, " ss “ 2 — — - - - - Se pbb. “eo 3 PS Were) in m oe ania eS ee q ; ; Pe «ot peeing Pte - ~—h* <, FY oy wt. hee ah modate the quarrel. He firft faid, that the Englith courts of juftice were open to all men; and if any Frenchman were injured, he might feek reparation by courfe of law *. He next offered to adjuft the matter by private arbiters, or by perfonay interview with the King of France, or by a reference either to the Pope or the col- lege of cardinals, or any particular cardinals, agreed on by both parties. The French, probably the more difgufted, as they were hitherto lofers in the quarrel, refufed all thefe expedients: The veffels and the goods of merchants were con- Gfcated on both fides: Depredations were continued by the Gafcons on all the weftern coafts of France, as well as by the Englifh in the channel: Philip cited the King, as duke of Guienne, to appear in his court at Paris, and anfwer for thefe offences: And Edward, apprehenfive of danger to that province, fent John St. John, an experienced foldier, to Bourdeaux, and gave him dire¢tions to put Gui- enne in a pofture of defence {. Tuat he might however prevent a final rupture between the nations, the King difpatched his brother, Edmond, earl of Lancafter, to Paris; and as that prince had efpoufed the Queen of Navarre, mother to Jane, Queen of France, he feemed, on account of that alliance, the moft proper perfon for finding expedients to accom- modate the difference. Jane pretended to interpofe with her good offices: Mary, the Queen-dowager, feigned the fame amicable difpofition: And thefe two prin- ceffes told Edmond, that the circumftance, the moft difficult to adjuft, was the point of honour with Philip, who thought himfelf affronted by the injuries committed againft him by his fub-vaflals in Guienne: But if once Edward would confent to give him feizin and poffeffion of that province, he would think his honour fully repaired, would engage to reftore.it immediately, and would accept of a very eafy fatisfaction for all the other injuries. The King was confulted on this occafion, and as he then found himfelf in immediate danger of war with the Scots, which he regarded as the more important concern, this politic prince, blinded by his fa- vourite paffion for fubduing that nation, allowed himfelf to be deceived by fo grofs an artifice §. He fent his brother orders to fign and execute the treaty with the two queens; Philip folemnly promifed to execute his part of. it; and the . King’s citation to appear in the court of France, was accordingly recalled: But the French monarch was no fooner put in poffeffion of Guienne, than the citation _was renewed ; Edward was condemned for non-appearance; and Guienne, by a formal fentence, was deciared to be forfeited and annexed to the crown |. * Trivet, p. 275. + Trivet, p. 275. + Trivet, p. 276. § Rymer, vol. ii. p- 619; 620. Walfin. P: 61. Heming. vol i. Pp. 42, A2. Trivet, p. 2776 I Rymer, vol. ii, p. 620, 622, Walfin, p. 61. ‘Trivet, p. 278. 2 EDWARD, se Oa Minin °F 4.20 W 2B ak $3 Epwarp, fallen into a like fnare with that which he had fpread for the Scots, Chap. XIII. was inraged; and the more fo, as he was juftly afhamed of his own conduct, in = *79% being fo egregioufly over-reached by the court of France. Senfible of the ex- treme difficulties, which he would encounter in the recovery of Gafcony, where he had not retained a fingle place in his hands; he endeavoured to compentfate that lofs, by forming alliances with feveral European princes, who, he propofed, fhould attack France on all quarters, and make a diverfion of her forces. Adol- phus de Naffau, King of the Romans, entered into a treaty with him for that pur pofe *; as did alfo Amadzeus, count of Savoy, the archbifhop of Cologne, the counts of Gueldre and Luxemburg’ the duke of Brabant and count of Barre, who had married his two daughters, Margaret and Eleanor: But thefe alliances were extremely burdenfome on his narrow revenues, and proved in the iffue en- tirely ineffe€tual. More impreffion was made on Guienne by an Englifh army, which he compleated by emptying the jails of many thoufand thieves and robbers, who had been confined there for their crimes. So low had the profeffion of arms fallen, and fo much had it degenerated from the footing, on which it ftood during the vigour of the feudal fyftem ! Tue King himfelf was detained in England, firft by contrary winds}, then 1295, by his apprehenfions of a Scots invafion, and by a rebellion of the Welfh, whom he reprefied and-brought again under fubjection $. The army, which he fent to Guienne, was commanded by his nephew, John de Bretagne, earl of Rich- mond, and under him by St. John, Tibetot, de Vere, and other officers of re- putaticn § ; who made themfelves mafters of the town of Bayonne, as well as of Bourg, Blaye, Rions, St. Severe, and other places, which ftraitened Bourdeaux, and cut off its communication both by fea and land. The favour, which the Gafcon nobility bore to the Englifh government, facilitated thefe conquefts, and feemed to promife ftill greater fuccefies ; but this advantage was foon loft by the mifcondué of fome of the officers. Philip’s brother, Charles de Valois, who commanded the French armies, having laid fiege to Podenfac, a fmall fortrefs near Rions, obliged Giffard, the governor, to capitulate ; and the articles, tho’ favourable to the Englifh, Jeft all the Gafcons prifoners at difcretion, of whom about fifty were hanged by Charles as rebels: A policy, by which he both inti- midated that people, and produced an irreparable breach between them and the Englifh |. That prince immediately attacked Rions, where the earl of Richmond * Heming. vol. i. p. 51. + Chron. Dunft. vol. ii. p. 622. + Walfing. p. 62. Heming. vol.i. p.s5. Trivet, p. 282. Chron, Dunft. vol. ii. p. 622. § Trivet, p. 279- | Heming. vol. i, p. 49: M 2 | himfelf Chap. XIIl. 12953 DigreTion concerning the conftitu- tion of par- liament. ee HiS TOR Yor BENG EAN D. 84 himfelf commanded; and as the place feemed not very defenfible, the Englifh general drew his troops to the water-fide with an intention of embarking with the ereateft part of the army. The enraged Gafcons fell upon his rear, and at the fame time opened their gates to the French, who, befides making themfelves matters of the place, took many prifoners of diftinction. St. Severe was more vigoroufly defended by Hugh de Vere, fon to the earl of Oxford; but was at laft obliged to capitulate. The French King, not contented with thefe fucceffes in Gafcony, threatened England with an invafion ; and by a fudden attempt, his troops took and burnt Dover *, but were obliged foon after to retire. And in order to make a greater diverfion of the Englifh force, and engage Edward in dangerous and important wars, he formed a fecret alliance with John Baliol, King of Scotland ; the commencement of that ftri€t union, which, during fo many ages, was maintained, by mutual interefts and neceflities, between the French and Scottifh nations. John confirmed this alliance by ftipulating a marriage between his eldeft fon and the daughter of Philip de Valois +. Tue expences, attending thefe multiplied wars of Edward, and his prepara- tions for war, joined to alterations, which had infenfibly taken place in the ge- neral ftate of affairs, obliged him to have frequent recourfe to parliamentary fup- plies, introduced the lower orders of the ftate into the public councils, and laid the foundations of great and important changes in the government. ‘Tho’ no- thing could be worfe calculated for cultivating the arts of peace or maintaining peace itfelf, than the long fubordination of vaflalage from the King to the mean- eft gentleman, and the confequent flavery of the lower people, evils infeparable from the feudal fyftem ; that fyftem was never able to fix the ftate in a proper warlike pofture, or give it the full exertion of its power for defence, and {till lefs for offence, againft a public enemy. The military tenants, unacquainted with obedience, unexperienced in war, held a rank in the troops by their birth, not by their merits or fervices; compofed a very diforderly and confequently a very feeble army ; and during the few days, which they were obliged by their tenures to remain in the field, were often more formidable to their own prince than to foreign powers, againft whom they were affembled. The fovereigns came eradually to difufe this cumberfome and dangerous machine, fo apt: to re- coil upon the hand which held it; and exchanging the military fervice for pe- cuniary fupplies, inlifted forces by means of a contract with particular officers, (fuch as thofe the Italians denominate Condottieri) whom they difmiffed at the end of the war. The barons and knights themfelves often entered into thefe engage- * Trivet, p. 284. Chron. Dunft, vol. ii. p. 642. Heming. vol,i. p. 76, Trivet, p. 285. + Rymer, vol. ii, p. 680, 681, 695, €g7. ments ments with the prince, and were enabled to fill their bands, both by the autho- Chap. XIIL. rity which they poffeffed over their vaffals and tenants, and from the great num- bers of loofe, diforderly people, whom they found on their eftates, and who willingly embraced an opportunity of gratifying their appetite for war and rapine. Mean-while, the old Gothic fabric, being neglected, went gradually to decay; and tho’ the conqueror had divided all the lands of England into fixty thoufand knight’s fees, the number of thefe was infenfibly diminifhed by various artifices ; and the King at laft found, that, by putting the law in execution, he could af- femble only a very fmall part of the antient force of the kingdom, It was an ufual expedient for men, who held of the King or a great baron by military te- nure, to transfer their lands to the church, and receive them back by another te- nure called frankalmoigne, by which they were not bound to perform any fer- vice *, A law was made againft this practice ; but the abufe had probably _ gone far before it was attended to, and probably was not entirely corrected by the new ftatute, which, like moft of the laws of that age, we may conjecture to have been but feebly executed by the magiftrate againft the perpetual interefts of fo many individuals. . The conftable and marefchal, when they muftered the armies, often in a hurry, and for want of better information, received the fervice of a baron for fewer knight’s fees, than were due by him; and one precedent of this kind was held good againft the King, and became ever after a reafon for diminifhing the fervice +. . The rolls of knight’s fees were very inaccurately kept; no care was taken to clear them before the armies were fummoned into the field f=; it was then too late to think of examining records and charters; and the fervice was accepted on the footing which the vaffal himfelf was pleafed to acknowledge, af- ter all the various fubdivifions and conjunétions of property had thrown an ob- fcurity on the nature and extent of his tenure §. It is eafy to judge of the in- tricacies which would attend difputes of this kind with individuals ; when even the number of military fees, belonging to the church, whofe property was fixed and unalienable, became the fubjeét of controverfy ; and we find in particular, that when the bifhop of Durham was charged with feventy knights fees for the aid levied to marry Henry H’s daughter to the duke of Saxony, the prelate acknow- ledged ten, and difowned the other fixty |]. It is not known in what manner this difference was terminated ; but had the queftion been concerning an armament ta defend the kingdom, the bifhop’s fervice would probably have been received * Madox’s Baronia Anglica, p. 114. + Madox’s Baronia Anglica, p. 115. + We hear only of one King, Henry II. who took this pains ; and the record, called Liber niger Scaccarii, was the refult of tt. § Madox’s Bar. Ang. p. 116. | Madox’s Bar. Ang, p.122. Hilt. of the Exch. p. 404. 6 without 1295.- =. SSS Ries aes 02 dE paki s: eS TE id = i | PMR eM BBO). Chap. XIII. 1295, 86 HtS TiO®R Yi of ENGLAN D. without oppofition for ten fees, and this rate muft alfo have fixed all his future payments. Pecuniary fcutages, therefore, diminifhed as much as- military fer- vices *: Other methods of filling the exchequer as well as the armies mutt be de- vifed: New fituations produced new laws and inftitutions : And the great altera- tions in the finances and military power of the crown, as well as in private pro- perty, were the fource of equal innovations in every part of the legiflature or ci- vil government. Tus exorbitant eftates, conferred by the Norman, on his barons and chief- tains, remained not long entire and unimpaired. The landed property was gra- dually fhared out into more hands; and thofe immenfe baronies were divided, ei- ther by provifions to younger children, by partitions among co-heirs, by fale, or by efcheating to the King, who gratified a great number of his courtiers, by dealing them out among them in fmaller portions. Such moderate eftates, as they required oeconomy, and confined the proprietors to their own houfes, were better calculated for duration ; and the order of knights and {mall barons grew daily more numerous, and began to form a very refpectable rank or order in the ftate. As they were all of them immediate vaflals of the crown by military te- nure, they were, from the principles of the feudal law, equally entitled with the ereateft barons, to a feat in the national or general councils; and this right, tho’ regarded as a privilege, which the owners would not entirely relinquifh, was alfo confidered as a burthen, which they defired to be fubjeéted to only on extraordi- nary occafions. Hence it was provided in the charter of King John, that, while the great barons were fammoned to the general council by a particular writ, the {mall barons, under which appellation the knights were alfo comprehended, fhould only be called by a general fummons of the fheriff. The diftinction be- tween great and fmal] barons, like that between rich and poor, was not exactly defined ; but, agreeable to the inaccurate genius of that age and to the fimplici- ty of antient government, was left very much to be determined by the difcretion of the King and his minifters. It was ufual for the prince to require, by a par- ticular fammons, the attendance of a baron in one parliament, and to neglect him in future parliaments + nor was this uncertainty ever complained of as an injury. He attended when required : he was better pleafed on other occafions to be exempted from the burthen : And as he was acknowledged to be of the _ * In order to pay the fam of 100,000 marks, as King Richard’s ranfom, twenty fhillings were impofed on each knight’s fee. Had the fees remained on the original footing, as fettled by the con- queror, this fcutage would have amounted to g0,000 marks, which was nearly the fum required : But we find, that many other grievous taxes were impofed to complete it: A certain proof, that many frauds and abufes had'prevailed in the roll of knights fees. + Chancellor Weft. enquiry ‘nto the manner of creating peers, p. 43. 46, 47, 55+ 3 fame epw KR DUE 87 fame order with the greateft barons, it gave them no furprize to fee him take his feat in the great councils, whether he appeared of his own accord, or by a par- ticular fummons from the King. The barons by Writ, therefore, began eradu- ally to intermix themfelves with the antient barons from Tenure; and as Cambden tells us*, from an antient manufcript, now loft, that after the battle of Evefhamy a pofitive law was enacted, prohibiting every baron to appear in parliament, who was pot invited thither by a particular fummons, the whole baronage of England held thenceforward their feat by writ, and this important privilege of their tenures was in effect abolifhed. Only where writs had been regularly continued for fome time in one great family, the omiffion of them would have been regarded as an affrent, and even as an injury. A ike alteration gradually took place in the order of earls, who were the high- eft rank of barons. The dignity of an earl, like that of a baron, was antiently territorial and official + : He exercifed jurifdiction within his county : He levied the third of the fines to his own profit: He was at once a civil and a military magiftrate: And tho’ his authority, from the firft conqueft of the Normans, was hereditary in England, the title was fo much connected with the office, that where the King intended to create a new earl, he had no other expedient than to. erect a certain territory into a county or earldom, and to beftow it upon the per- fon and his familyt. But as the fheriffs, who were the vicegerents of the earls, were named by the King, and removeable at pleafure, he found them more de- pendant upon him ; and endeavoured to throw the whole authority and jurifdic. tion of the office into their hands. This magiftrate was at the head of the fi- nances, and levied all the King’s rents within: his county : He affeffed at pleafure the talliages on the inhabitants in royal demefne: He had ufually committed to him the management of wards, and often of efcheats: He prefided in the lower courts of judicature : And thus, tho’ inferior to the earl in dignity, he was foon confidered, by this union of the judicial and fifcal powers, and by the confidence repofed in him by the King, as much fuperior to him in authority, and under- mined his influence within his own jurifdiction §, It became ufual, in creating an earl, to give him a fixt fallary, commonly about twenty pounds a year, in lieu of his third of the fines: The diminution of his power kept pace with the re- crenchment of his profit: And the dignity of earl, inftead of territorial and offi- * In Britann, p. 122. + Spellm, Gloff. in voce Comits. t Effays on Britith antiquit'es. This practice, however, feems to have been more familiar in Scot» land and the kingdoms on the continent, than in England. ; § There are inftances of princes of the blood who accepted of the office of fherif. Spellmanin voce Vicecomis. 5 cial, Chap. XIII.. 1295» Chap. XIII. 1295. 88 HISTORY or ENGLAND. cial, dwindled into perfonal and titular. Such were the mighty alterations, which had already fully taken place, or were gradually advancing, in the houfe of peers ; that is, in the parliament: For there was antiently no other houte. Bur tho’ the introduétion of barons by writ, and of titular earls, had~given fome encreafe to the royal authority ; there were other caufes, which counterbal- lanced thofe innovations, and tended in a higher degree to diminith the power of the fovereign. The difufe, into which the feudal militia had in a great meafure fallen, made the barons almoft entirely forget their dependance on the crown: By the diminution of the number of the knights fees, the King had no reafonable com- penfation when he levied feutages and exchanged their fervices for money: The alienations of the crown lands had reduced him to poverty: And above all, the conceffion of the great charter had fet bounds to royal authority, and had render- ed it more difficult and dangerous for the prince to exert any extraordinary acts of arbitrary power. In this fituation it was natural for the King to court the friend- fhip of the leffer barons and knights, whofe influence was nowife dangerous to him, and who, being expofed to oppreffion from their powerful neighbours, fought a Jegal protection under the fhadow of the throne. He defired, therefore, to have their prefence in parliament, where they ferved to controul the turbulent refolu- tions of the great. To exact a regular attendance of the whole body would have produced confufion, and would have impofed too heavy a burthen upon them. To fummon only a few by writ, tho’ it was practifed and had a good effect, ferved not entirely the King’s purpofe; becaufe thefe members had no farther authority than attended their perfonal character, and were eclipfed by the appear- ance of the more powerful nobility. He therefore difpenfed with the attendance of moft of the leffer barons in parliament ; and in return for this indulgence, (for fuch it was then efteemed) required them to choofe in each county a certain num- ber of their own body, whofe charges they bore, and who, having gained the confidence, carried with them, of courfe, the authority of the whole order. This expedient had been practifed at different times, in the reign of Henry III. * and ' regularly during that of the prefent King. The numbers fent up by each coun- ty varied at the will of the prince T : They took their feat among the other peers ; becaufe by their tenure they belonged to that order tf: The introducing them in- to that houfe fearce appeared to be an innovation: And tho’ it was eafily in the King’s power, by varying their number, to command the refolutions of the whole parliament, this circumftance was little attended to, in an age, when force was * Rot. Clanf. 38 Hen. Ill. m. 7. and 12d: And alfo Rot. Clauf- 42 Hen. UI. m. 1. d. Prynne’s pref. to Cotton’s Abridgement. + Brady’s anfwer to Petyt, from the records, p. 151. | Brady’s Treatife of Boroughs, App. N°. 13. more E DW AR D I, 89 more prevalent than laws, and when a refolution, tho’ taken by the majority of Chap. XIII a legal affembly, could not be executed, if it oppofed the will of the more power- ful minority. But there were other important confequences, which followed the diminution and difufe of the antient feudal militia. The King’s expences, in levying and _maintaining a military force for every enterprize, was encreafed beyond what his narrow revenues were able to bear: As the fcutages of his military tenants, which were accepted in lieu of their perfonal fervice, had fallen to nothing ; there were no means of fupply but from voluntary aids granted him by the parliament and church; or from the talliages which he might levy upon the towns and inhabi- tants in royal demefne. In the former year, Edward had been obliged to exaét no lefs than the fixth of all moveables from the laity, and the half of all ecclefi- aftical benefices* for his expedition into Poitou, and the fuppreffion of the Welfh: And this diftrefsful fituation, which was likely often to return upon him and his fucceffors, made him think of a new device, and fummon up the repre- fentatives of all the boroughs to parliament. This period, which is the twenty- third of his reign, feems to be the real and true epoch of the houfe of commons; and the firft faint dawnings of popular government in England. For the repre- fentatives of the counties were only deputies from the fmaller barons and leffer no- bility: And the former precedent of reprefentatives from the boroughs, who were fummoned by the earl of Leicefter, was regarded as the act of a violent ufurpation, had been difcontinued in all the fubfequent parliaments, and if that meafure had not become neceffary on other accounts, this example was more likely to blaft than give credit to it. Durine the courfe of two centuries, the kings of England, in imitation of other European princes, had embraced the falutary policy of encouraging and protecting the lower and more induftrious orders of the ftate; whom they found well difpofed to obey the laws and civil magiftrate, and whofe ingenuity and la- bour furnifhed commodities, requifite for the ornament of peace and fupport of war. Tho’ the inhabitants of the country were ftill left at the difpofal of their imperious lords; many attempts were made to give more fecurity and liberty to citizens, and make them enjoy unmolefted the fruits of their induftry. Bo- roughs were erected by royal patent within the demefne Jands: Liberty of trade was conferred upon them: The inhabitants were allowed to farm at a fixt rent their own tolls and cuftoms +: They were permitted to elect their own magif- trates: Juftice was diftributed to them by thefe magiftrates, without obliging * Brady of boroughs, p. 31. from the records. Heming. vol. i. pe 52. M. Weft p. 422. Ryley, p. 462. — + Madox, Firma Burgi, p. 21. YOL. II, N them 1295. Chap. XIII. them to attend the fheriff or count 1295. gO HIS TO KY “or ENGL AN D. y courts: And fome fhadow of independance was gradually acquired to the people, by means of thefe equitable privileges *. The King, however, retained ftill the power of levying talliages or taxes upon them at pleafure + 5 and tho’ their poverty and the cuftoms of the age made thefe demands neither frequent nor exorbitant, fuch unlimited authority in the fovereign was.a fenfible check upon commerce, and was utterly incompatible with all the principles of a free government. But when the multiplied neceffities of the crown roduced a greater demand for fupply, the King, whofe prerogative entitled him to exact it, found, that he had not power fufficient to enforce his edicts, and that it was requifite, before he impofed taxes, to fmooth the way for his demand, and to obtain the previous confent of the boroughs, by fellicitation, remoni{trances, and authority. The ‘nconvenience of tranfacting this bufinefs with every parti- cular borough was foon felt; and Edward became fenfible, that the moft ex- peditious way of obtaining fupply, was to affemble together the deputies of all the boroughs, to lay before them the neceffities of the ftate, to difcufs the mat- ter in their prefence, and to require their confent to the demands of their fove- reign. For this reafon, he iffued writs to the fheriffs, enjoining them to fend to parliament, along with two knights of the fhire, two deputies from each borough within their county t, and thefe provided with fufficient powers from their commu- nity, to confent, in their name, to what he and his council fhould require of them. As it is a moft equitable rule, fays he, in his preamble to this writ, that what con- cerns all foould be approved of by all. and common dangers be repelled by united efforts § ; a noble principle, which may feem to indicate a liberal mind in the King, and which jaid the foundations of a free and an equitable government. Arrer the election of thefe deputies, by the aldermen and common council, they gave fureties for their attendance before the King and parliament: Their charges were borne by the borough, which fent them: And they had fo little idea of appearing as legiflators, a character extremely wide of their low rank and con- * Brady of boroughs, Appen. N®. 1, 2, 3: + The King had not only the power of talliating the inhabitants within his own demefnes, but that of granting to particular barons the power of talliating the inhabitants within theirs. See Brady’s an(wer to Petyt, p. 118. Madox’s Hift of the Exchequer, p. 518. { Writs were iffaed to about 120 cities and boroughs. § Brady of boroughs, p. 25, 33, from the records. The writs of the parliaments immediately preceding, remain; and the return of knights is there required, but not a word of the boroughs: A demonftration, that this was the very year in which they commenced. In the year immediately pre- ceding, the taxes were levied by a feeming or forced confent of each particular borough, beginning with London. Id. p. 31, 32, 33» from the records, Alf9 his anfwer to Petyt, p. 40, 41. dition, a ’ Sk 2S Bebe WwW &. RB I. Oo] Bi dition *, that no intelligence could be more difagreeable to any borough, than to find that they muft elect, or to any individual than that he was elected, to a truft from which no profit or honour could poffibly be expected |. They com- pofed not, properly fpeaking, any effential part of the parliament: They met apart both from the barons and knights, who difdained to mix with fuch mean perfonages: After they had given.their confent to ‘the taxes, required of them, their bufinefs being now finifhed, they feparated, even tho’ the parliament ftill con- tinued to fit, and to canvafs the national bufinefs §: And as they all confifted of men, who were real burgeffes of the place, from which they were fent, the the- riff, when he found no perfon of abilities or wealth fufficient for this office, often ufed the freedom of omitting particular boroughs in his returns ; and as he re- ceived the thanks of the people for this indulgence, he gave no offence to the court, wlio levied, without diftinction, the tax agreed to by the majority of deputies ||. . Tue union, however, of the reprefentatives from all the boroughs gave gra- dually more weight to the whole order; and it became cuftomary for them, in return for the fupplies, which they granted, to prefer petitions to the crown for the redrefs of any particular grievances, of which they found reafon to com- plain. The more the King’s demands multiplied, the fafter thefe petitions en- creafed both in number and authority ; and the prince found it difficult to re- fufe men, whofe grants had fupported his throne, and to whofe affiftance he might fo foon be again obliged to have recourfe. The commons however were itil much below the rank of legiflators |. Their petitions, tho’ they received a ver- bal * Religuiz Spellm. p. 64. Prynne’s pref. to Cotton’s Abridg. and the Abridg. paffim. + Brady of boroughs, p. 59, 60. + Brady of boroughs, p. 37, 38, from the records, and append. p.1g. Alfo his append. to his anf. to Petyt. Record. And his gloff, in Verb. Communitas Regn. «p. 33. § Ryley’s Placit. Parl. p. 241, 242, &c. Cotton’s Abridg. p. 14. || Brady of boroughs, p. 52, fromthe records. ‘There is even an inftance in the reign of Edward III, when the King named all the deputies. Id. anf. to Petyt, p. 161. If he fairly named the moft confiderable and creditable burgeffes, little. exception would be taken; as their bufinefs was not to check the King, but to reafon with him and confent to his demands. It was not ull the reign o Richard II. that the fheriffs were deprived of the power of omitting boroughs at pleafure. See Stat. at large, sth Rich. II. cap. 4. 4. In the reign of Henry IV. the King told the commons, that they were only petitioners, that is, they had not any proper legiflative authority. Cotton’s abridg. p. 392. All judgment, fays the Record, appertains to the King and the lords. The commons were fo little accuftomed to tranfa& public bufi- nefs, that they had no fpeaker, till after the parliament 6th Edw. III. See Prynne’s-preface to Cot- ton’s abridg. Not till the firft of Richard II. in the opinion of mof antiquarians. ‘The commons N 2 were Chap. XU, bal affent from the throne, \ ‘ > d } : A * eat i) me} II ay 1 2b | | " | : : ' fi it ne bi i Hi i | wet ‘ Hy hi HA || a Ta eb + etd | ot 1 } ei) Vila ; : \ m= i aL a Hh By! f ene Hat hy fo il ; | a Hi] eas) |) bes | a: || VOM) ; ‘ : HH aon : ht eae = t The Jae Sia: ; “ . ie Bi 2 Mu aan 92 wits OR Y. oF ENGLAND. were only the rudiments of laws: The judges were af- terwards entrufted with the power of putting them into form ; And the King, by adding to them the fanction of his authority, and that fometimes without the af- fent of the nobles, beftowed validity upon them. The age did not refine fo much as to perceive, the danger of thefe irregularities. No man was difpleafed, that the fovereign, at the defire of any clafs of men, fhould iffue an order, which only concerned that clafs ; and his predecefiors were fo near poflefling the whole legi- flative power, that he gave no difguft by affuming it in this feemingly inoffenfive manner. But time and farther experience oradually opened mens eyes and correét- ed fuch abufes. It was found, that no laws could be fixed for one order of men without affecting the whole; and that the force and efficacy of laws depended en- tirely on the terms employed in wording them. The houfe of peers, therefore, the moft powerful order of the ftate, reafonably expected, that their affent fhould be exprefsly granted to all public ordinances *: And in the reign of Henry V. the commons required that no laws fhould be framed merely upon their petitions, unlefs the ftatutes were worded by themfelves, and had paffed their houfe in the form of a bill +. Bur as the fame caufes, which produced a partition of property, continued - {till to operate ; the number of knights and leffer barons, or what the Englith call the gentry, perpetually encreafed, and funk into a rank ftill more inferior to the great nobility. The equality of tenure was loft in the great inferiority of power and property ; and the houfe of reprefentatives from the counties was gra- dually feparated from that of the peers, and formed a diftinet order in the ftate f. The growth of commerce, meanwhile, augmented the private wealth and confi- deration of the burgeffes; the frequent demands of the crown encreafed their public importance ; and as they refembled the knights of fhires in one material circumftance, that of reprefenting particular bodies of men; it no longer appear- ed unfuitable to unite them together in the fame houfe, and to confound their were very unwilling to meddle in any ftate affairs, and commonly either referred themfelves to the lords , or defired a fele& committee of that houfe to affift them, as appears from Cotton. 5 E.UI. neg. 15 Ee ll. n.173 21 BU I.n.5; 47 ED. n. 53 50 E.3.n.103 si. Ii. n. 18; 1. R. Un. 125 2R. UL. ne iz; 5 Re Ii,n. 14; park. 6R. 1. n. 14; parl. 2. 6R.1I.n. 8, &c. . * In thefe inftances found in Cotton’s abridgement, where the King appears to anfwer of himfelf the petitions of the commons, he probably exerted no more than that power, which was long inhe- rent in the crown, of regulating leffer matters by his edits or proclamations. But no durable or ge- neral ftatute feems ever to have been made by the King from the petition of the commons alone, with- out the aflent of the peers, é + Brady’s anfwer to Petyt, p. 85, from the records. + Cotton’s abridgement, p, 13. rights ee , _ = 6 EDWARD IL 93 rights and privileges *. Thus the third eftate, that of the commons, reached at Chap. XHI. laft its prefent form ; and as the country gentlemen made thenceforwards no #295: fcruple of appearing as deputies of the boroughs, the diftinction between the members was entirely loft, and the lower houfe acquired thence a great acceffion of weight and importance in the kingdom. Still, however, the office of this eftate was very different from that which it has fince exercifed with fo much advantage to the public. Inftead of checking and controuling the authority of the King, they were naturally induced to adhere to him, as the great fountain of law and juftice, and to fupport him againft the exorbitant power of the ariftocracy, which was at once the fource of oppreffion to themfelves, and difturbed him in the exe- cution of the laws. The King, in his turn, gave countenance to an order of men, fo ufeful and fo little dangerous: The peers alfo were obliged to pay them fome confideration: And by this means, the third eftate, formerly fo abject in England, as well as in all other European nations, rofe by flow degrees to their prefent im- * It was very agreeable to the maxims of all the feudal governments, that every order of the ftate fhould give their confent to the a¢ts which more immediately concerned them; and as the notion of 2 political fyftem was not then fo well underftood, the other orders of the ftate were often not confulted on thefe occafions. In this reign, even the merchants, tho’ no public body, granted the King impo- fitions on merchandize, becaufe the firft payments came out of their pockets. They did the fame in the reign of Edward III. but the commons had then obferved, that the people paid thefe duties, tho the merchants advanced them ; and they therefore remonftrated againft this practice. Cotton’s abridg, p- 39. The taxes impofed by the knights on the counties were always lighter than thofe which the burgeffes laid on the boroughs, a prefumption, that in voting thefe taxes the knights and burgeffes did not form the fame houfe. See chancellor Weft’s enquiry into the manner of creating peers, p. 8- But there are fo many proofs, that thefe two orders of reprefentatives were long feparate, that it is needlefs to infift on them. Mr. Carte, who had carefully confulted the rolls of parliament, afirms, that they never appear to have been united till the 16th of Edward IIT. See Hift. vol. 2. p. 451. But ’tis certain that this union was not even then final : In 1372, the burgeffes acted by themfelves, and vot- ed a tax after the knights were difmifled. See Tyrrel, Hift. vol. 3. p. 734, from Rot. Clauf. 46 Edw. IH. n. 9. In 1376, they were the knights alone, who paffed a vote for the removal of Alice Pierce from the King’s perfon, if we may credit Walfingham, p. 189. There is an inftance of a like kind in the reign of Richard II. Cotton, p..193. The different taxes voted by thefe two branches of the lower houfe, kept them naturally feparate: But as their petitions had moftly the fame object, viz. the redrefs of grievances, and the fupport of law and juftice both againft the crown and the barons, this caufe as na- turally united them, and was the reafon why they at laft joined in one houfe for the difpatch of bu- finefs. ‘The barons had few petitions: Their privileges were of more antient date : Grievances fel- dom affected them: They were themfelves the chief oppreffors. In 1333, the knights by themfelves concurred with the bifhops and barons in advifing the king to ftay his journey into Ireland. Here was a petition which regarded a matter of ftate, and was fuppofed to be above the capacity of the burgeffes. The knights, therefore, ated a part in this petition: See Cotton, abridg. p. 13. Chief baron Gilbert thinks, that the reafon why taxes began always with the commons or burgeffes was, that they were: limited by the inftructions of their boroughs, See Hift. of the Exchequer, p. 37. portance 3 a | 4 7 iv iN i - . a - 4 P =" => “a ; =" Poa! ne Vere S L « 4 ~ ? “ Le Ay i Soi ' Se x . 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XII. 1295. 94, HISTORY or ENGLAND. portance; and in their progrefs made arts and commerce, the neceffary attendants of liberty and-equality, flourifh in the kingdom *. | Wuart fufficiently proves, that the commencement of the houfe of burgefles, who were the true commons, was not an affair of chance, but arofe from the ne- ceftities of the prefent fituation, is, that Edward, at the very fame timé, fum- moned deputies from the inferior clergy, the firft that ever met in England}, and he required them to impofe taxes on their conftituents for the public fervice. Formerly the ecclefiaftical benefices bore no part of the burthens of the ftate: The Pope had indeed of late often levied impofitions upon them : He had fome- times granted this power to the fovereign +: Edward himfelf had in the former year exacted by menaces and violence, a very grievous tax of half the revenues of the clergy: But as this precedent was dangerous, and could not eafily be repeated in a government, which required the confent of the fubject to any extraordinary refoluti- on; Edward found it more prudent to affemble a lower houfe of convocation, to lay before them his neceflities, and to afk fome fupply. But on this occafion he met * The chief argument from antient authority, for the opinion that the reprefentatives of boroughs preceded the forty-ninth of Henry LII. is the famous petition of the borough of St. Albans, firft taken notice of by Selden, and then by Petyt, Brady, Tyrrel, and others. In this petition, prefented to the parliament in the reign of Edward II. the town of St. Albans afferts, that tho’ they held iz capite of the crown, and owed only, for all other fervices, their attendance in parliament, yet the fheriff had omitted them in his writs; whereas both in the reign of the King’s father, and all his predeceffors, they had always fent members. Now, fay the defenders of this opinion, if the commencement of the houfe of commons was in Henry III’s reign, this expreflion could not have’been ufed. But Madox, in his Hiftory of the Exchequer, p. 522, 523, 524» has endeavoured to deftroy the authority of this petition for the purpofe alledged. He afferis, firft, that there was no fuch tenure in England as that of holding by attendance in parliament, ‘nftead of all other fervice. Secondly, That the borough of St. Albans never held of the crown at all, but was always demefne land of the abbot. It is no wonder, therefore, that a petition which advances two falfhoods, fhould contain one hiftorical miftake, which indeed amounts only to an inaccurate expreflion. Accordingly St. Albans continued ftill to belong to the abbot. It never held of the crown, till after the diflolution of the monafteries. But the affurance of the petitioners is remarkable. They wanted to fhake off the authority of their abbot, and to hold of the King ; but were unwilling to pay any fervices even to the crown: Upon which they framed this petition, which latter writers have made the foundation of fo many inferences and con- clufions. From the tenor of the petition it appears, that there was a clofe connexion between holding of the crown, and being reprefented in parliament : The latter had fcarce ever place without the for- mer: Yet we learn from Tyrrel’s Append. vol. 4. that there were fome inftances to the contrary. It is not improbable, that Edward followed the roll of the earl of Mountfort, who had fummoned, without diftinStion, all the confiderable boroughs of the kingdom ; among whom there might be fome few who did not hold of the crown. Edward alfo found it necellary to impofe taxes on all the boroughs of the kingdom without diftinétion. ‘This was a good expedient for augmenting his revenue, + Archbp. Wake’s State of the Church of England, p. 235. Brady of boroughs, p. 34. Gil- ¢ Ann, Waverl. p. 227, 228. T. Wykes, p 99, 120. with 8 bert’s Hut. of the Exch. p. 46. we E DW «a BR DO 4H. 95 with difficulties. . Whether that the clergy thought themfelves the molt indepen- dant body of men: in the kingdom, or were difgufted by the former exorbitant impofitions, they abfolutely refufed their affent to the King’s demand of a fifth of their moveables ; and it was not till a fecond meeting, that on their perfifting in this refufal, he was willing to accept of a tenth. The barons and knights sranted him, without befitacions an eleventh; the burgeffes, a feventh. But the clergy ftill fcrupled to meet on the King’s writ; Jeft by fuch obedience they fhould feem to acknowledge the authority of the temporal power: And this compromife was at laft fallen upon, that the King fhould iffue his writ to the archbifhop; and that the archbifhop fhould, in confequence of it, fummon the clergy, who, as they then appeared to obey their fpiritual fuperior, no longer hefitated to meet in con- vocation. This expedient, however, was the caufe, why the ecclefiaftics met in two houfes of convocation, under their feveral archbifhops, and formed not one eftate, like thofe in other countries of Europe, as'was at firft the King’s intention. We now return to the courfe of our narration. Epwarpb, confcious of the reafons of difguft which he -had given the King of Scots, informed of the difpofitions of that Jintpkei and expecting the moft violent effects of their refentment, which-he knew he had. fo well merited; employed the fupplies, granted him by his people, in making preparations again{t the hofti- lities of his northern neighbour. When inthis fituation, he received intelligence of the treaty fecretly concluded betweeh John and Philip; and tho’ uneafy at this concurrence of a French and Scots war, he refolved not to:encourage his enemies by a pufillanimous behaviour, or by yielding to their united efforts. He fum- moned John to perform the duty of a vaflal, and to fend him a fupply of forces againft an invafion from’ France, with’ which he was then threatened : He, next required, that the fortrefles of Berwic, Jedborough, and Roxborough, fhould be put into his hands as a fecurity during the war +: He cited John to appear in an Englifh parliament, ‘held at Newcaftle: And when none of thefe faccattive demands were complied with, he marched northwards with numerous forces, 30,000 foot, and 4000 horfe, to chaftife his rebellious vafial. The Scottifh na- tion, who had little reliance onthe vigour and fpirit of their prince, afligned him a council of twelve noblemen, in whofe hands the fovercignty was really lodged t, and who put the country in the beft pofture, of which the prefent di- ftractions would admit. A’great army, compo! fed of 40,000 infantry, tho’ fupport- ed only by 500 cavalry, a advanced to the fronticrs; and after a fruit lefs attempt . * Gilbert’s Hift, of Excheq. p. 51, 54. + Rymer, vol, ii. p. 692. Walfin, p. 64. Hem- ing. vol.is p. 84. Trivet; p. 286. { Heming. vol.i. p. 75. upon Chap. XIII. 1295. . Sey z " . ‘ 7 , “4 ‘ F Apa es ms Ways t a + eochh Bad : P f ~~ ‘onan ras a: hk. oy by u et ee > v? 7 4 Met ee ee ae ry mm » ® r, 2, s VAY vA oe 4 2 5 . ' ‘ ye " ‘ . P AG Vie \ f aie Ns © Py ~ La ray eal kd 5 x} = eee 4 or I rv 1 So “ v — ' o 7 dos 0 ht) — igkSal al - ; a _ eee ee = ow sacle: al : mo. 3 isk BEDS al : = NR . OS a t. = ~ —= “ - —---— = — = - - wis Sianes < - —-- z - ~ Sa a = os ~~ =e ——-— <= — --- i 2 oes - ~ peel ak “eet 2 Sn es —-- =~ te £3ee ——— ee <= : — - - - aie _ —— as —_ 2 eae — <= = —- se = = = are — — ae ae a : 7 TE SSE ——— Se = SSS ==> = SSS ESS = =—s 2 re kommt —_-——- Te ar oS SS: == < ew = ee <= a . = is oes ee ——2o “ eens —~-- = a - - = St a - = SS. - —— Ss —- = aS ——s se a et te = —~ —- - ~ _ a = = == - : ee —— = — ——<————_—$_ = —— =~ ; : ere Sena Soe > a = —$—— ——-——- = a —————— — ee we ee —=acase tT a — -—— SS = Soe Ee See ; Se SSS Se SSS See ke —= —* ——— ba _- ~ = = Tae ee = = = ee —— = ~ ~ = a = - —— —— “= wet —-- = SS ee ee — = = = —— : ah Sear a ee i ——— = _ ee > = —— ~~; tees —= Bes = - a -_ - posse _ — > ————— — — = — ee = = ~ — — is pris * =“ pi : 4 ’ a ' ‘ oe i. MEAS Male Chap. XIII. 1296. 28th March. 27th April. 96 HISTORY or ENGLAND. upon Carlifle, marched eaftwards to defend thofe provinces, which Edward was preparing to attack. But fome of the moft confiderable of the Scottifh nobles, Robert Bruce, the father and fon, the earls of March and Angus, prognofticat- ing the ruin of their country, from the concurrence of inteftine divifions and a forcign invafion, endeavoured here to ingratiate themfelves with Edward, by an early fubmiffion ; and the King, encouraged by this favourable incident, led his army into the enemy’s country, and croffed the Tweed without oppofition at Coldftream. He then received a meflage from John, by which that prince hav- ing now procured for himfelf and his nation, Pope Celeftine’s difpenfation from former oaths, renounced the homage which had been done to England, and fet Edward at defiance *. This bravade was but ill fupported by the military ope- rations of the Scots. Berwic was already taken by affault: Sir William Dou- elas, the governor, was made prifoner: Above 7000 of the garrifon were put to the {word +: And Edward, elated by this great advantage, difpatched earl War- renne with 10,000 men, to lay fiege to Dunbar, which was defended by the flower of the Scottifh nobility. Tue Scots, fenfible of the importance of this place, which, if taken, laid their whole country open to the enemy, advanced with their main army, under the command of the earls of Buchan, Lenox, and Mar, in order to relieve it. Warrenne, not difmayed by the great fuperiority of their number, marched out to give them battle. He attacked them with great vigour; and as undifciplined troops, the more numerous they are, are but the more expofed to a panic upon any alarm, he foon threw them into confufion, and chaced them off the field with great flaughter {. The lofs of the Scots is faid to have amounted to 20,000 men: The caftle of Dunbar, with all its garrifon, furrendered next day to Ed- ward, who, after the battle, had brought up the main body of the Englifh, and who now proceeded with an affured confidence of fuccets. The caftle of Roxbo- rough was yielded by James, fteward of Scotland §; and that nobleman, from whom is defcended the royal family of Stuart, was again obliged to {wear fealty to Edward. After a feeble refiftance, the caftles of Edinburgh and Stirling opened their gates to the enemy. All the fouthern parts were inftantly fubdued by the Englifh; and to enable them the better to reduce the northern, whofe inacceflible fituation feemed to give them fome more fecurity, Edward re- ceived a ftrong reinforcement of Welfh and Irifh, who being accuftomed to a defultory kind of war, were the beft qualified to purfue the fugitive Scots into * Rymer,-vol. ii. p.607. Walfing. p. 66. Heming. vol. i. p. 92. + Walfing. p. 66. Hem™ ing, vol. i. p. 89. Trivet, p. 289. + Walfing. p.67. Heming. vol.i.p. 96. Trivet, p, 291. Chron. Duntft. vol. ii. p. 6505 § Heming. vol. i. p..97. Trivet, p. 292. 5 | the PP Dow. 2: Reboot. 94 rhe recefies of their Jakes and mountains *. But the fpirit of the nation was al- Chap. XII. ready broke by their misfortunes ; and the feeble and timid Baliol, difcontented P ast fab. with his own fubjects, and over-awed by the Englifh, abandoned all thofe re- > igs : fources, which his people might yet have pofteffed | in this extremity. He haftened to make his fubmiffions to Edward ; he exprefied the deepeft penitence for his dif= loyalty to his liege lord ; and he made a folemn and irrevocable refignation of his crown into the hands of that monarch+. Edward marched northwards to Aberdeen and Elgin, without meeting an enemy : No Scotfman approached him but to pay him fubmiffion and do him homage {: Even the turbulent Highland- ers, ever refractory to their own princes, and averfe to the reftraint of laws, endea- voured to prevent the devaftation of their country, by giving him early proofs of obedience: And Edward, having brought the whole kingdom to a feeming {tate of tranquillity, returned to the fouth with his army. ‘There was a ftone, to which the popular fuperftition of the Scots paid the higheft veneration: All their Kings were feated on it when they received the rite of inauguration: An antient tradition affured them, that wherever this ftone was placed, their nation fhould always govern: And it was carefully preferved at Scone, as the true palladium of their monarchy, and their ultimate refource amidft all their misfortunes, Ed- ward got poffeffion of it; and carried it with him to England §. He gave orders to deftroy all the records, and all thofe monuments of antiquity, which might pre- ferve the memory of the independance of the kingdom, and refute the Englifh claims of fuperiority. The Scots pretend, that he alfo deftroyed all the annals preferved in their convents : But it is not probable, that a nation fo rude and un- polifhed, would be poffeffed of any hiftory, which deferves much to be regreted. The great feal of Baliol was broke ; and that prince himfelf was carried a prifoner to London, and committed to cuftody in the Tower. Two years afterwards he was reftored to his liberty, and fubmitted to a voluntary banifhment in France, where, without making any farther attempts for the recovery of his royalty, he died in a private ftation. Earl Warrenne was left governor of Scotland ||: Eng- lifhmen were entrufted with all the chief offices: And Edward, flattering himfelf that he had attained the end of all his wifhes, and that the long train of fraud and violence which he had practifed againft Scotland, had terminated in the final re- duétion of that kingdom, returned with his victorious army into England, Aw attempt, which he made about the fame time, for the recovery of Guienne, War with was not equally fuccefsful. He fent thither an army of 7000 men, under the biases * Heming. vol. i. p. 98. Chron. Dunft. vol. ii. p- 650. + Rymer, vol. ii. p. 718. Walfing. p. 67. Heming. vol.i. p.99. Trivet, p. 292. + Heming. vol. i. p. 100, 101. § Walfing. p. 68. ‘Trivet, p. 299. Rymer, vol. ii. p.726. ‘Trivet, p. 295. Vou. H: O com- 98 HISTORY of ENGLAN D. Chap. XIII. command of his brother the earl of [uancafter; and that prince gained at firft 1296. {9me advantages over the French at Bourdeaux: But he was foon after feized with a diftemper, of which he died at Bayonne. The command devolved on the earl of Lincoln, who was not able to perform any thing confiderable during the reft of the campaign *. | | Bur the aétive and ambitious fpirit of Edward, while his conquefts brought fuch ) confiderable acceffions to the Englifh monarchy, could never be fatishied, fo long a as Guienne, the antient patrimony of his family, was wrefted from him by the dif- ; honeft artifices of the French monarch. Finding, that the diftance of that province rendered all his efforts againft it feeble and uncertain, he propofed to attack France in a quarter where fhe appeared more vulnerable ; and with this view, he married his daughter Elizabeth to John earl of Holland, and at the fame time con- rraéted an alliance with Guy earl of Flanders, ftipulated to pay him the fum of 75,0001, and projected an invafion with their united forces upon Philip, their common enemy +. He hoped, that, when he himfelf, at the head of the Eng- lifh, Flemith, and Dutch armies, reinforced by his German allies, to whom he had promifed or remitted very confiderable fums, fhould enter the frontiers of France, and threaten the capital itfelf with imminent danger, Philip would at laft be obliged to relinquifh his acquifitions, and purchafe peace by the reftitu- tion of Guienne. But in order to fet this great machine in movement, confider- able fupplies were requifite from the parliament ; and Edward, without much difficulty, obtained from the barons and knights a new grant of a twelfth of all their moveables, and from the boroughs, that of an eighth. The great and al- moft unlimited power of the King over the latter, enabled him to throw the hea- vieft part of the burthen on them; and the prejudices, which he feems always to have entertained againft the church, on account of their former zeal for the Mountfort faétion, made him refolve to load them with ftill more confiderable impolitions, and he required of them a fifth of their moveables. But he here met with an oppofition, which for fome time difconcerted all his meafures, and engaged him in enterprizes, which were fomewhat dangerous to him, and would have proved ruinous to any of his predeceflors. Difientions Bonirace VIII. who had fucceeded Celeftine in the papal throne, was a man of with the cler- #2 = : gy. the moft lofty and enterprizing fpirit ; and tho” he wanted that aufterity of manners, which commonly accompanies ambition in men'of his order, he was determined +o carry the authority of the tiara, and his dominion over the temporal power, to as great a height as it had ever attained in any former period. Senfible that om * Heming. vol. i. p. 72, 73) 74: + Rymer, vol, ii: p. 761. Walfing. p, 68. “his HOD UW A, & Dot. 99 his immediate predeceffors, by oppreffing the church in every province of Chrift- Chap. XUT. endom, had extremely alienated the affections of the clergy, and had afforded the civil magiftrate.a pretence for laying like impofitions on ecclefiaftical revenues, he attempted to refume the former ftation of the fovereign pontiff, and to eftablifh himfelf as the common protector of the fpiritual order againft all invaders. For this purpofe, he iffued very early in his pontificate a general bull, prohibiting all princes to levy without his confent any taxes from the clergy, and all. clergymen to fubmit to fuch impofitions ; and threatening both of them with the penalties of excommunication in cafe of difobedience*. This important edict is faid to have been procured by the folicitation of Robert de Winchelfey, archbifhop of Canter- bury, who intended to employ it as a rampart acainit the violent extortions which the church had felt from Edward, and the ftill greater, which that prince’s mul- tiplied neceffities gave them reafon to apprehend. When a demand, therefore, was made on the clergy of a fifth of their moveables, a tax which was probably much more grievous than a fifth of their revenue, as their lands were moftly ftocked with their cattle, and cultivated by their villains; the clergy took fhelter under the bull of Pope Boniface, and pleaded confcience in refufing compliance->. The King came not immediately to extremities on this repulfe; but after locking up all their granaries and barns, and prohibiting all rent to be paid them, he ap- pointed a new fynod, to confer upon his demand. The primate, not difmayed by thefe proofs of Edward’s refolution, here plainly told him, that the clergy owed obedience to two fovereigns, their fpiritual and their temporal; but. their duty bound them to a much ftricter attachment to the former than to the latter: Ihey could not comply with his commands (for fuch, in fome meafure, the requefts of the crown were then deemed) in contradiction to the exprefs prohibition of the fovereign pontiff f. Tue clergy had feen, from many proofs, that Edward paid very little regard to thofe numerous privileges, on which they fet fo high a value. He had for- merly feized, in an arbitrary manner, all the money and plate lodged in the churches and convents, and had applied them to the public fervice §; and they could not but expect more violent treatment on this fharp refufal, grounded on fuch dangerous principles. Inftead of applying to the Pope for a relaxation of his bull, he refolved immediately to employ the power in his hands; and he told the ecclefiaftics, that, fince they refufed to fupport the civil government, they were unworthy to receive any benefit from it; and he would accordingly put them out * Rymer, vol, ii. p. 706. Heming. vol. i. p. 104. + Heming. vol. i.p. 107. Trivet, p. 296. Chron. Dunft, vol. ii, p. 652. tHeming.vol.i.p.107. § Walfing. p. 65. Heming: vol,i. p. 51+ | O 2 of 1297> 100 HISTORY or ENGLAND. Chap. XIII. of the protection of the laws. This vigorous meafure was immediately carried ‘nto execution *. Orders were iffued to the judges to receive no caufe brought before them by the clergy; to hear and decide all caufes in which they were defendants - To do every man juftice againft them; to do them juflice againft no body ‘7. The ecclefiaftics immediately found themfelves in the moft miferable fituation imaginable. They could not remain in their own houfes or convents for want of fubfiftance: If they went abroad, in queft of a maintenance, they were dif- mounted from their horfes, robbed of their cloaths, abufed by every ruffian, and no redrefs could be obtained by them for the moft violent injury. The primate himfelf was attacked on the high-way, was ftripped of all his equipage and fur- niture, and was at laft reduced to board himfelf with a fingle fervant in the houfe of a country clergyman{. The King, mean while, remained an indifferent fpectator of all thefe violences ; and without employing his officers in commit- ing any immediate injury on the priefts, which might have appeared invidious and oppreffive, he took ample vengeance on them for their obflinate refufal of his demands. Tho’ the archbifhop iffued a general fentence of excommunication againft all who attacked the perfons or property of ecclefiaftics, it was not regarded ; while Edward enjoyed the pleafure of feeing the people become the voluntary in- ftruments of his juftice againft them, and enure themfelves to throw off that refpeét for the facred order, by which they had been fo long over-awed and go- verned. , Tue fpirits of the clergy were at laft broke by this harfh treatment. Befides that the whole province of York, which lay neareft the danger that {till hung over them from the Scots, voluntarily from the firft voted a fifth of their move- ables; the bifhops of Salifbury, Ely, and fome others, made a compofition for the fecular clergy within their {ces ; and they agreed, not to pay the fifth, which would have been an att of difobedience to Boniface’s bull, but to depofite a fum equivalent in fome church appointed them; where it was taken by the King’s of- ficers §. Many particular convents and clergymen made payment of a like fum, and received the King’s protection |. Thofe who had not ready money, entered into recognizances for the payment. And there was fcarce found one ecclefiattic in the kingdom, who feemed willing to fuffer for the fake of religious privileges, this new {pecies of martyrdom, the moft tedious and languifhing of any, the moft mortifying to fpiritual pride, and not rewarded by that crown of glory, which the church holds up, with fuch oftentation, to her devoted adherents. * Walfing. p. 69. Heming. vol. i. p. 107. + M. Weft. p. 429. t Heming. vol. i. p- 109. § Heming. vol. i. p. 108, 109. Chron. Dunft. p. 653. | Chron. Dunft. vol. “i, p. 654, Bur we Huw A ROD Ak [Ol Bur as the money, granted by parliament, tho’ confiderable, was not fuffi- Chap. XIIP. cient to fupply the King’s neceffities, and that levied by compofitions with the , ,. 1297- trary clergy came in flowly, Edward was obliged, for the fake of farther fupply, to meafures. exert his arbitrary power, and to lay an oppreffive hand on all orders of men in the kingdom, He limited the merchants in the quantity of wool allowed to be exported ; and at the fame time forced them to pay him a duty of forty: fhil- lings a fack, which was computed to be much above the fifth of the value*. He feized all the reft of the wool, as well as all the leather of the kingdom, into his hands, and difpofed of thefe commodities for his own benefit +: He required the fheriffs of each county to fupply him with 2000 quarters of wheat, and as many of oats, which he permitted them to feize wherever they could find them : The cattle and other commodities neceflary for fupplying his army were laid hold of without the confent of the owners{: And tho’ he promifed afterwards to pay the equivalent of all thefe goods, men faw but little probability that a prince, who fabmitted fo little to the limitations of law, could ever, amidtt his multiplied neceflities, be reduced to a ftriét obfervance of his engagements. He fhowed at the fame time an equal difregard to the principles of the feudal law, by which.all the lands of his kingdom were held: In order to encreafe his army, and enable him to fupport that great effort, which he propofed to make againft France, he required the attendance of every proprietor of land, poffeffed of twenty pounds a year, even tho’ he held not of the crown, and was not obliged by the tenure of his eftate to perform any fueh fervice §. | Turse aéts of violence and of arbitrary power, notwithftanding the great per- fonal regard generally borne to the King, bred murmurs in every order of men, and it was not long, before fome of the great nobility, jealous of their own pri- vileges, as well as of national liberty, gave countenance and authority to thefe complaints. Edward affembled an army on the fea-coaft, which he propofed to fend over into Gafcony, while he himfelf fhould in perfon make an impreffion on the fide of Flanders, and he intended to put thefe forces under the command of Humphrey Bohun, earl of Hereford, the conftable, and Robert Bigod, earl of Norfolk, the marefchal of England. But thefe two powerful earls refufed to exe- cute his orders, and affirmed, that they were only obliged by their office to at- tend his perfon in the wars. A violent altercation enfued ; and the King, in the height of his paffion, addreffing himfelf to the conftable, exclaimed, Sir Earl, dy God, you fhall either go or hang. By God, Sir King, replied Hereford, J well nei- * Walfing. p. 69. ‘Trivet, p. 296. + Heming. vol, i, p. $2, 110. t Heming. vol. i, p+ EWE. § Walling. p. 69. ther 102 HISTORY or ENGLAND. . ther go nor bang*. And he immediately departed, with the marefcaal, and above thirty other confiderable barons. Uron this oppofition, the King laid afide the project of an expedition againtft Guienne; and affembled the army, which he propofed to tranfport into Flan- ders. But the two earls, irritated in the conteft and elated by inpunity, -pre- tending that none of their anceftors had ever ferved in that countzy, refufed to perform the duty of their office in muftering the army +. The King, now finding it advifeable to proceed with moderation, inftead of forfeiting the earls, who pof- fefled their dignities by hereditary right, appointed Thomas de Berkeley, and Geoffrey de Geyneville, to act in that emergence, as conftable and murefchal {. He endeavoured to reconcile himfelf with the church ; took the primate again into favour § ; made him, in conjunction with Reginald de Grey, tutor to the prince, whom he propofed to appoint guardian of the kingdom during his abfence ; and he even affembled a great number of the nobility in Weftminfter-aall, to whom he deigned to make an apology for his paft conduct. He pleaded the urgent neceflities of the crown; his extreme want of money ; his engagenent from ho- nour as well as intereft to fupport his allies abroad: And he promifed, if ever he returned in fafety, to redrefs all their grievances, to reftore the execution of the laws, and to make all his fubjeéts compenfation for the lofles, which they had fuftained. _Mean-while, he begged them to fufpend their animofities ; to judge of him by his future behaviour, of which, he hoped, he would be more matter ; to remain faithful to his government, or if he perifhed in the prefert war, to pre- ferve their allegiance to his fon and fucceffor |. Ture were certainly, from the concurrence of difcontents among the great and the grievances of the people, materials fufficient in any other period to have kindled a civil war in England: But the vigour and abilities of Edward kept every one in awe; and his dexterity in {topping on the brink of dénger, and re- tracting the meafures, to which he was pufhed by his violent temper and arbi- ‘trary principles, faved the nation from fo great a calamity. The two great earls dared not to break out into open violence; and they proceeded no farther than framing a remonftrance, which was delivered to the King at Winchelfea, when he was ready to embark for Flanders. They there complained of the violations of the great charter and that of forefts ; the violent feizure of corn, leather, cat- tle, and above all, of wool, a commodity, which they affirmed to be equal in value to half the lands of the kingdom; the arbitrary impofition of forty fhil- - * Heming. vol. i, p. 112. + Rymer, vol. ii. p. 783. Walfing. p. 70. t M. Weft. Pr 430. § Heming. vol. i, p. 113. | Heming, vol.i, p.114. M. Weft.-p. 430, lings \ BED W. A*° Re De. 102 J lings a fack on the fmall quantity of wool al'owed to be exported by the merchants; Chap. XII. and they claimed an immediate redrefs of all thefe grievances*. The King told °°?” them, that the greateft part of his council were now abfent, and without their ad- vice he could rot deliberate on meafures of fo great confequence fF. But the contable and marefchal, with the barons of their party, refolved to Diffenfions take advantage of Edward’s abfence, and to obtain an authentic affent to their a demands. When fummoned to attend the parliament at London, they came with a great bedy of cavalry and infantry ; and before they would enter the city, required that the gates fhould be put into their cuftodyf. The primate, who fecretly favourcd all their pretenfions, advifed the council to comply; and thus they became rafters both of the young prince and of the refolutions of parlia- ment, Theirdemands, however, were very moderate; and fuch as fufficiently juftify the purity of their intention in all their paft meafures: They only re- quired, that tke two charters fhould receive a folemn confirmation ; that a claufe fhould be added to fecure the nation for ever againft all impofitions and taxes without confent of parliament; and that they themfelves and their adherents who had refuftd to attend the King into Flanders, fhould be pardoned for this offence, and fhould be again received into favour§. The prince of Wales and his council affented to thefe terms ; and the charters were fent over to the King in Flanders to be there confirmed by him. Edward felt the utmoft reluctance to this meafure, which, he apprehended, would for the future impofe fetters on his conduct, and fet limits to his Jawlefs authority. On various pretences, he delayed three days the giving any anfwer to the deputies; and when the perni- cious confequences of his refufal were reprefented to him, he was at laft obliged, after many internal flrugeles, to affix his feal to the charters, as alfo to the claufe that bereaved him of the power, which he had hitherto affumed, of impofing arbitrary taxes upon the people |. Tuat we nay finifh at once this interefting tranfa€tion concerning the fettle- ment of the ciarters, we fhall briefly mention the fubfequent events which relate to it. The conftable and marefchal, informed of the King’s compliance, were fatisfied ; andnot only ceafed from difturbing the government, but affifted the regency with all their power againft the Scots, who had rifen in arms, and had thrown off the yoke of the Englifht. But being fenfible, that the fmalleft pre- tence would fiffice to make Edward retract thefe detefted laws, which, tho’ they * Walfing. p.7z. Heming. vol. i. p. 115. Trivet, p. 302. + Walfing. p. 72. Heming. vol. i. po 117. Trivet, p. 304. t Heming. vol. i. p. 138. § Walfing.p. 73. Heming. vol. 1, p. 138, 139, 140, 141. Trivet, p. 308, || Walfing. p.74. Heming. vol, 1. p. 143. 4+ Heming. voli. p. 143. I had MN ‘ ROA. ( A egy REAL cs. er ee eee Chap. XIII, sf 297 104. mit OR Ycor ENG LAN D. had often received the fanétion both of King and parliament, and had been ac- knowledged during three reigns, were never yet deemed to have fufficient vali- dity ; they infifted, that he fhould again confirm them on his return to England, and fhould thereby renounce all plea which he might derive from his refiding in a foreign country, when he formerly affixed his feal to them *.. It appeared, that they judged aright of Edward’s character and intentions : He delayed this con- firmation as long as poffible; and when the fear of worle confequences obliged him again to comply, he added exprefsly a falvo for his royal dignity or prero- gative, which in effect enervated the force of the whole charter +. The two earls and their adherents left the parliament in difcontent; and the King was con- ftrained, in a future feffion, to grant the people, without any fubterfuge, a pure and abfolute confirmation of thofe laws {, which were fo much the object of their paffionate affection. Even farther fecurities were then provided for the eftablith- ment of national privileges. Three knights were appointed to be chofen in each county, and were invefted with the power of punifhing by fines and imprifon- ment, every tranfgreffion or violation of the charters§: A precaution, which, tho’ it was foon difufed, as encroaching too much on royal prerogative, proves the attachment, which the Englith in that age bore to liberty, and their well found- ed jealoufy of the arbitrary difpofition of Edward. Tur work, however, was not yet entirely finifhed and compleat. In order to execute the lefler charter, it was requifite by new perambulations to fet bounds to the royal forefts, and to defafforeft all thofe lands which former encroach- ments had comprehended within their limits. Edward difcovered the fame re- luétance to comply with this equitable demand, and it was not till after many delays on his part, and many folicitations and requefts, and even menaces of war and violence ||, on the part of the barons, that the perambulations were made, and exaét boundaries fixt, by a jury in each county, to the extent of his forefts |. Had not his ambitious and active temper raifed him fo many foreign enemies, and obliged him to have recourfe fo often to the affiftance of his fub- jets, it is likely that thefe conceffions could never have been extorted from him. * Heming. vol. i. p. 159. + Heming. vol. i. p.167, 168. ‘+ Heming. vol. i, p. 168. § Hemingford, vol. i. p. 170. | Walfing. p. 80. We are told by Tyrrel, vol. ii. p. 145. from the Chronicle of St. Albans, that the barons, not contented with the execution of the charter of forefts, demanded of Edward as high terms as had been impofed on his father by the earl of Leicetter : But no other hiftorian mentions this particular. 4 Heming. vol. i, p.171, M. Weft. p. 4315 433- Bur BR: Me ee wes But while the people, after fo many. fuccefsful ftruggles, deemed themfelves Chap, XIII, happy in the fecure poffeffion of their privileges; they were furprizedin 1305 to 1797" find, that Edward had fecretly applied to Rome, and had procured from that mer- cenary court, an abfolution from all the oaths and engagements, which he had fo often reiterated to obferve both the charters. There are fome hiftorians * fo cre- | dulous as to imagine, that this perilous ftep was taken by him for no other pur- pofe than to acquire the merit of granting a new confirmation of the charters, as he did foon after; and a confirmation fo much the more unqueftionable, that it could never after be invalidated by his fucceffors from the pretence of any force or violence which had been impofed on him. . But befides, that this might have been done with a much better grace, if he had never applied for any fuch abfolu- tion, the whole tenor of his conduct proves him to be little fufceptible of fuch re- finements in patriotifm ; and this very deed itfelf, in which he confirmed anew the charters, carries on the face of it a very oppofite preftumption. Tho’ he ratified the charters in general, he ftill laid hold of the papal bull fo far as to invalidate the late perambulations of the forefts, which had been made with fuch careandattention, and to referve to himfelf the power, in cafe of favourable incidents, to extend as much as formerly thefe arbitrary jurifdictions. If the power was not in fact made ufe of, we can only conclude, that the favourable incidents did not occur. Tuus, after the contefts of near a whole century, and thofe ever accompanied with violent jealoufies, often with public convulfions, the great charter was finally eftablifhed ; and the Englifh nation have the honour of extorting, by their perfe- verance, this conceffion from the ableft, the moft warlike, and the moft ambitious - of all their princes +. It is computed, that above thirty confirmations of it were at different times required of feveral Kings, and granted by them, in full parlia-— ment; a precaution, which, while it difcovers fome ignorance of the true na- ture of law and government, proves a very laudable jealoufy of national privi- leges in the people, and an extreme anxiety, left contrary precedents fhould ever be pleaded as an authority for infringing them. Accordingly we find, that tho’ arbitrary practices often prevailed, and were even able to eftablifh themfelves into fettled cuftoms, the validity of the great charter was never afterwards formally difputed ; and that grant was ftill regarded as the bafis of the Englifh govern- ment, and the fure rule by which the authority of every cuftom was to be tried and canvafled. The jurifdiction of the Star-chamber, martial law, imprifon- * Brady, vol. ii. p.84. Caste, vol, il. p. 292. + It muft however be remarked, that the King never forgave the chief actors in this tranfaction, and he found means afterwards to oblige both the conftable and marefchal to refign their offices into his hands. The former received a new grant of it; But the office of marefchal was given to Thomas of Brotherton, the King’s fecond fon. VoL, Il. P ment Chap. XIII. 1297. 1298. 106 HWiSTORYT of ENGLAWN DV. ment by warrants from the privy council, and other practices of a like nature, tho’ eftablifhed for feveral centuries, were fcarce ever allowed by the Englifh to be parts of their conftitution : The affection of the nation for liberty ftill prevail- ed over all precedent, and even all political reafoning: The exercife of thefe powers, after being long the fource of fecret murmurs among the people, was, in fullnefs of time, folemnly abolifhed, as illegal, at leaft as oppreffive, by the whole legiflative authority. To return to the period, from which this account of the charters has led us: Tho’ the King’s impatience to appear at the head of his armies in Flanders made him overlook all confiderations, either of domeftic difcontents or of commotions among the Scots; he had been fo long retarded by the feveral obftructions thrown in his way, that he loft the proper feafon for action, and after his arrival made no progrefs againft the enemy. The King of France, taking advantage of his ab- fence, had broke into the Low Countries; had defeated the Flemings in the battle of Furnes; had made himfelf mafter of Lifle, St. Omer, Courtrai, and Ypres; and feemed in a fituation to take full vengeance on the earl of Flanders, his re- bellious vaflal. But Edward, feconded by an Englifh army of 50,000. men (for this is the number affigned by hiftorians *) was foon able to ftop the career of his victories; and Philip, finding all the weak refources of his kingdom to be already exhaufted, began to dread a reverfe of fortune, and to apprehend an invafion an France itfelf. The King of England, on the other hand, difappointed of affif- tance from Adolph, King of the Romans, which he had purchafed at a very high price, and finding many urgent calls for his prefence in England, was defirous of ending on any honourable terms a war, which ferved only to divert his force from the execution of more important projects, This difpoftion of both monarchs foon produced a ceffation of hoftilities for two years; and engaged them to fub- ‘mit their differences to the arbitration of Pope Boniface. | Bonirace was the lat of the fovereign pontiffs who exercifed an authority, over the temporal jurifdiction of princes ; and thefe exorbitant pretenfions, which he had been tempted to affume from the fuccefsful example of his predecefiors,. but of which the feafon was now palt, involved him in fo many calamities, and were attended with fo unfortunate a cataftrophe, that they have been fecretly abandoned, tho’ never openly relinquifhed, by-his fucceffors in the apoftolic chair. Edward and Philip, equally jealous of papal claims, took care to infert in their reference, that Boniface was made judge of the differences by their confent, as a. * Heming, vol. i. pe 146. private OW A SR ees 107 private perfon, not by any right of his pontificate ; and the Pope, without feem- Chap. XII, ing to be offended at this mortifying claufe, proceeded to give a fentence between re me them, in which they both acquiefced *. He brought them to agree, that their union fhould be cemented by a double marriage, that of Edward himfelf, who was now a widower, with Margaret, Philip’s fifter, and that of the prince of Wales with Ifabella, the daughter of that monarch +. Philip was likewife will- ing to reftore Guienne to the E.nglifh, which he had indeed no pretenfions to detain ; . but he infifted, that the Scots and their King, John Baliol, fhould, as his allies, ot be alfo comprehended in the treaty, and fhould be reftored to their liberty. The difference was, after feveral difputes, compromifed by making mutual facrifices to cach other. Edward agreed to abandon his ally the earl of Flanders, on con- dition that Philip fhould treat in like manner his ally the King of Scots. The profpect of conquering thefe two countries, whofe fituation made them fo com- modious an acquifition to the different kingdoms, prevailed over all other confi- derations ; and tho’ they were both finally difappointed in their hopes, their con- duct was very reconcilable to the principles of an interefted policy. ‘This wasthe firft fpecimen which the Scots had of the French alliance, and which was exactly conformable to what a {maller power muft always expect, when it blindly attaches itfelf to the will and fortunes of agreater, That unhappy people, now engaged in a brave, tho’ unequal conteft for their liberties, were totally abandoned by the ally, in whom they repofed their final confidence, to the will of an imperious conqueror. Tuo’ England, as well as other European countries, was, in its antient ftate, Revolt of very ill qualified for making, and {till worfe for maintaining conquefts, Scotland scotland. was fo much inferior in its internal force, and was fo ill firuated for receiving fo. reign fuccours, that itis no wonder an ambitious monarch fhould have caft his eye on fo tempting an acquifition, which brought both fecurity and greatnefs to his native kingdom. But the inftruments whom Edward employed to maintain his dominion over the northern kingdom, were not happily chofen ;~and aéted not with the requifite prudence and moderation, in reconciling the Scottifh nation to a yoke, which they bore with fuch extreme reluctance. Warrenne retiring into England, on account of his bad ftate of health, left the adminiftration entirely inthe hands of Ormefby, who was appointed jufticiary of Scotland, and Cref- fingham, who bore the office of treafurer; anda very fmall military force remain- . ed to fecure the precarious authority of thefe minifters. The latter had no other * Rymer, vol. ii. p. 817. Heming. vol. i. p.149. Trivet, p. 310. + Rymer, vol, ii. p. 823, P 2 object act ds » ieee Ne Ones 2 ‘ vr te er mdate a ; —-aneem Me tly z , y Me vitollbs RO eee Ld Stays. ail Pan » i ie 5 ‘ ar" P- 14) wit us 2 toss AER a oe Phan. ib OA a ONT a) oe ets te Phe : ——— = — sab: - wr q wo eS » i Sie. Chap. XII. 4298. ro8 WISTORY or ENGLAND. objeé& but the amaffing money by rapine and injuftice:. The former diftinguifhed’ himfelf by the rigour and feverity of his temper : And both of them, treating the- Scots as a conquered people, made them fenfible, too early, of the grievous fer- vitude, into which they had fallea. As Edward required, that all the pro- prietors of land fhould {wear fealty to him; every one, who refufed or de- layed the giving this teftimony of fubmiffion, was outlawed, and confined, and punifhed without mercy; and ihe braveft and moft generous fpirits of the- nation were thus exafperated to the higheft degree againft the Englifh govern-~ ment *, Turre was one William Wallace, of a fmall fortune, but defcended of an an- tient family, in the Welt of Scotland, whofe courage prompted him to undertake,, and enabled him finally to execute, the defperate attempt of delivering his native: country from the dominion of forvigners. This man, whofe valorous exploits are the object of juft admiration, tut have been much exaggerated by the tradi- tions of his countrymen, had been provoked by the infolence of an Englifh offi- cer to put him to death ; and finding himfelf obnoxious on that account to the feverity of the adminiftration, he fizd into. the woods, and offered himfelf -as a- leader to.all thofe whom their crimes or bad fertune, or avowed hatred of the- Englith, had reduced to a like neceffity.. He was endowed with a gigantic force: of body, with heroic courage of mind, with difinterefted magnanimity, with an. incredible patience and ability. to bear hunger, fatigue, and all the feverities of the feafons ; and he foon acquired among thofe defperate fugitives that authority. to which his virtues fo juftly intitkd him. Beginning with fmall attempts, in which he was always fuccefsful, hz gradually proceeded to more momentous €fi- terprizes 3. and he difcovered equal caution in fecuring his followers, arid valour: in annoying the enemy. By his knowledge of the country, he was enabled, when. purfued, to enfure a retreat amorg the moraffes.or forefts or mountains; and: again, collecting his difperfed affociates, he appeared unexpectedly in another - quarter,, and furprized and routec and put to the fword the unwary: Englifh. | Every day brought accounts of his great actions,. which were received with no lefs. favour by his-countrymen than terror by the enemy - All thofe, who thirfted after military fame, were defirous to pirtake- of his renown : His fuecefsful valour feemed to vindicate the nation from the ignominy into which it had fallen, by its tame fubmiffion to the Englifh: And tho’ no nobleman of note ventured as yet to. join his party, he had gained a geieral confidence and attachment, which birth. and fortune are not alone able to confer. ® Walfng. p.70. Heming. vil. i. p. 118. Trivet, p. 299- WALLACE. OSE ee Boa cE 10g Wattace, having by many fortunate erterprizes, brought the valour of his Chap. ®HI.- followers to correfpond to his own, refolvec to ftrike a decifive blow againft the 129° Englifh government; and he concerted the plan of attacking Ormefby at Scone, and of taking vengeance on him, for all the violence and tyranny of which he had been guilty. The jufticiary apprized of hisintention, fled haftily into England : All the other officers of that nation imitated his example: Their terror added ala- crity and courage to the Scots; who betook themfelves to arms in every quarter : Many of the principal barons, and among the reft Sir William Douglas *, openly: countenanced Wallace’s party: Robert Bruve fecretly. favoured and promoted the fame caufe: And the Scots, fhaking off thar. fetters, prepared themfelves to de- fend, by an united effort, that liberty which they had fo unexpectedly recovered from the hands of their oppreffors. But Warfenne,; colleéting an army of 49,000 men in the north of Eneland,. prepared to re-eftabiifh his authority ;. anc he endeavoured by the celerity of his armament, and of his march, to comp:nfate for his paft negligence, which had-enabled the Scots to fhake off the Englih government. He fuddenly entered Annandale, and came up with the enemy atIrvine, before their forces were fully collected, and before they had put themfslves in a proper pofture of defence. Many of the Scots nobles, alarmed with thar dangerous fituation, here fubmitted to the Englifh, renewed their oaths of fedty, promifed to deliver hoftages for their good behaviour, and received a pardor for all paft offences +. Others who had not yet declared themfelves, fuch as the fteward of Scotland and the earl of Lennox, joined, tho’ with reluctance, the Englifh army; and waited a favour- able opportunity of embracing the caufe of their diftreffed countrymen. But Wallace,. whofe authority over his retainers was more fully confirmed by the ab- fence of the great nobles,. perfevered obftinitely in his purpofe ;. and finding him- felf unable to give battle to the enemy,.he marched northwards, with an intention: of prolonging the war,. and of turning to hi: advantage the fituation of that moun- tainous and barren country. When Warrenn¢ advanced to Stirling, he found Wal-- Jace encamped at Cambufkenneth, on the cppofite banks of the Forth ;;and be- ing continually urged by the impatient Crefingham, who was actuated both by- perfonal-and national animofities againft the Scots [, he prepared to attack them in that pofiiion, which Wallace, no lefs prudent than courageous, had chofen for his army §.. In fpite.of the. remonftrances of. Sir, Richard Lundy, a+Scotfman: of birth and family, who fincerely adhered to .the Englifh, he ordered his army to pafs a bridge which Jay over the. Forth ; but he was foon convinced, . by facal : * Walfing. p. 70.. Heming, vol. i. p. 118. + Heming.:vol.i. p. 121, 122.- } Hem- - ing. vol. 1. P» 127. § On the 11th of September 1297. experience; , R. | clon ar PBR ail Redeli ee Sa. 28s sia Saliba ME i 3 RMB te ie . iis " Pack Sad a) Bice nal Ph S| P Tan SARE Abbett apie, is 110 WMISTORY of BNGLA WD. experience, of the error of his conduct. Wallace, allowing fuch numbers of the Englifh to pafs as he thought proper, attacked them before they were fully formed, put them to rour, pufhed part of them into the river, where they were drowned, deftroyed the reft by the edge of the fword, and obtained a complete victory over them *. Among the flain was Creflingham himfelf, whofe memory was fo ex~ tremely odious to the Scots, that they flea’d his dead body, and made faddles and girths of his fkin +. Warrenne, finding the remainder of his army much difmay- ed by this misfortune, was obliged again to evacuate the kingdom, and retire into England. The caftles of Roxborough and Berwick, ill fortified and feebly de- fended, fell foon after into the hands of the Scots. WALLACE, univerfally revered as the deliverer of his country, now received from the hands of his followers, the dignity of regent or guardian under the cap- tive Baliol; and finding, that the diforders of war, as well as the unfavourable feafons, had produced a famine in Scotland, he urged his army to march into England, to fubfift at the expence of the enemy, and to revenge all paft injuries,. by committing retaliations on that hoftile nation. The Scots, who deemed every thing poflible under fuch a leader, joyfully attended his call; and Wallace, break- ing into the northern counties during the winter feafon, laid every place wafte with fire and {word ; and after extending on all fides, without oppofition, the fury of his ravages, as far as the bifhopric of Durham, he returned loaded with fpoils, and crowned with glory, into his own country $. The diforders, which at that time prevailed in England, from the refractory behaviour of the conftable and marefchal, made it impoffible to colleé&t an army fufficient to refift the enemy, and expofed the nation to this lofs and difhonour. : Bur Edward, who received in Flanders intelligence of thefe events, and had already concluded a truce with France, now haftened over into England, in certain hopes, by his aétivity and valour, not only of wiping off this difgrace, but of re- covering that important conqueft of Scotland, which he always regarded as the chief glory and advantage of his reign. He appeafed the murmurs of his people by conceffions and promifes:_ He reftored to the citizens of London the election of their own magiftrates, of which they had been bereaved in the latter part of his father’s reign : He ordered ftrict enquiry to be made concerning the quanti- ties of corn and other goods, which had been violently feized before his departure, as if he intended to pay the value to the owners §: And making public profef- fions of confirming and obferving the charters, he regained the confidence of the * Walfing. p. 73. Heming. vol.i, p. 127, 128, 129. Trivet, p. 307. + Heming. vol. i. Pp. 130. _ $ Heming. vol. i. p, 131, 132, 133. § Rymer, vol. ii. p. 813. 5 : difcone Ho UB ea As eek I1It difcontented nobles. Having by all thefe popular arts rendered himfelf entirely Chas. XI. mafter of his people, he collected the whole military force of England, Wales, 79° and Ireland ; and marched with an army of near an hundred thoufand combatants to the northern frontiers. Norurine could have enabled the Scots to refift, but for one feafon, fo mighty a power, except an entire union among themfelves ; but as they were deprived of their King, whofe perfonal qualities, even when he was prefent, appeared fo con- temptible, and had left among his fubjeéts no principle of attachment to him or his family; factions, jealoufies, and animofities, unavoidably arofe among the great, and diftracted all their councils. The elevation of Wallace, tho’ purchafed by fo great merit, and fuch eminent fervices,- was the object of envy to the nobi- lity, who repined to fee a private gentleman raifed above them by his rank, and’ {till more, by his glory and reputation. Wallace himfelf, fenfible of their jealoufy, and dreading the ruin of his country from thofe inteftine difcords, voluntarily re- figned his authority, and retained only the command over that body of his fol- lowers, who, being accuftomed to victory under his ftandard, refufed to follow into the field any other leader. The chief power devolved on the fteward of Scotland, and Cummin of Badenoch ;' men of eminent birth, under whom the creat chieftans were more willing to ferve in defence of their country. The two Scottifh commanders, collecting their feveral forces from every quarter, fixed their ftation at Falkirk, and propofed there to abide the affault of the Englifh. Wallace was at the head of a third body, which acted under his command. The Scots army placed the pikemen along their front: Interlined the intervals between the three bodies with archers: And dreading the great fuperiority of the Englifh in cavalry, endeavoured to fecure their front by palifadoes, tied together with ropes *. In this difpofition, they expected the approach of the enemy. Tue King, when he arrived in fight of the Scots, was pleafed with the profpect 22d July, of being able, by one decifive ftroke, to determine the fortune of the war ; and Battle of Fal- dividing his army alfo into three bodies, he Jed them tothe attack. The Englith ~ archers, who began about this time to furpafs thofe of other nations, firft chaced the Scottifh bowmen off the field; and then pouring in their arrows among the pikemen, who were cooped up within their intrenchments,, began to throw them into diforder, and rendered the affault of the Englifh pikememand cavalry more eafy and fuccefsful. The whole Scottifh army was broke, and chaced off the field with great flaughter ; which the hiftorians, attending more to the exag- gerated relations of the populace, than to, the probability of things, make amount. * Walfing. p..75, Heming. vol. ii. p. 163. t Fel A -i) : 7 P : eS ee me bea bal --* s ny oe sf hes Perce it cr ‘Chap. XIII. 1298. TI2 SIsTOR Y¥,.o7 -E BiG LAND. to fifty or fixty thoufand men *. Itis only certain, that the Scots never faffered a greater lofs in any action, nor one which feemed to threaten more inevitable ruin to their country. In this general rout of the army, Wallace’s military fkilland prefence of mind enabled him to keep his troops together ; and retiring behind the Charon, which lay in his rear, he marched leifurely along the banks of that {mall river, which protected him from the enemy. Young Bruce, who had already given many proofs of his afpiring genius, but who ferved hitherto in the Englifh army, appeared on the oppofite banks ; and diftinguifhing the Scottifh chieftain, as well by his majeftic port, as by the intrepid activity of his behaviour, called out to him, and defired a fhort conference. .He here reprefented to Wallace the fruit- lefs and ruinous enterprize in which he was engaged ; and endeavoured to per- fuade him to bend at laft his inflexible fpirit to fubmiffion under fuperior power and fuperior fortune: He infifted on the unequal conteft between a weak ftate, deprived of its head and agitated by inteftine difcord, and a mighty nation, con- duéted by the ableft and moft martial monarch of the age, and poffeffed of every refource either for drawing out the war, or for pufhing it with vigour and acti- vity : If the love of his country was his motive for perfeverance, his obftinacy tended only to prolong her mifery; if he carried his views to private grandeur and ambition, he might refleét, that, even if Edward fhould withdraw his armies, it appeared from paft experience, that fo many haughty nobles, proud of the pre- eminence of their families, would never fubmit to perfonal merit, whofe fuperio- rity they were lefs inclined to regard as an object of admiration, than as a re- proach and injury to themfelves. To thefe exhortations Wallace replied, that if he had hitherto a&ted alone, as the champion of his native country, it was folely becaufe no fecond or competitor, or what he rather wifhed, no leader had as yet appeared to place himfelf in that honourable ftation: That the blame lay entirely on the nobility, and chiefly on Bruce himfelf, who uniting perfonal me- rit to dignity of family, had deferted the poft, which both nature and fortune, by fuch powerful calls, invited him to aflume: That the Scots, poffefied of fuch a head, would, by their unanimity and concord, have furmounted the chief dif- ficulty under which they now laboured, and might hope, notwithftanding their prefent lofies, to oppofe fuccefsfully all the abilities and power of Edward: That Heaven itfelf could not fet a more glorious prize before the eyes either of virtue or ambition, than to conjoin in one object, the acquifition of royalty with the 4e- fence of national independance: And that as the interefts of his country, no * Walfing, p.76. T. Wykes, p.127. Heming. vol. i. p, 2625164, 165. Trivets p. 313, fays nly 20,000. M. Welt. p. 431, fays 40,090. i | more ER DOWAA 32RD, 2b 113 more than thofe of a brave man, could never be fincerely. cultivated by a facri- Chap, XII, fice of liberty, he himfelf was determined, as far as poffible, to prolong, not her 129°: mifery, but her freedom, and was defirous, that his own life, as well as the ex- iftence of the nation, might terminate, when they could no longer be preferved but by receiving the chains of a haughty victor. The gallantry of thefe fenti- ments, tho’ delivered by an armed enemy, ftruck the generous mind of Bruce: The flame was conveyed from the breaft of one hero to that of another: He re- pented of his engagements with Edward; and opening his eyes to the honourable path, pointed out to him by Wallace, fecretly determined to feize the firft oppor- tunity of embracing the caufe, however defperate, of his oppreffed country *. Tue fubjection of Scotland, notwithftanding this great victory of Edward, was not yet entirely completed. The Englifh army, after reducing all the fouth- ern provinces, was obliged to retire for want of provifions; and left the northern counties inthe hands of the natives. ‘The Scots, no lefs enraged with their pre- fent defeat, than elevated by their paft victories, ftill maintained the conteft for liberty ; but. being fully fenfible of the great inferiority of their forces, they en- deavoured, by application to foreign courts, to procure to themfelves fome affift- ance. The fupplications of the Scottifh minifters were rejected by Philip ; but were more fuccefsful with the court of Rome. Boniface, pleafed with an occafion of exerting his authority, wrote a letter to Edward, exhorting him to put a ftop to cient as the oppreffions of Scotland, and difplaying all the proofs, fuch as they had gain fubdued. probably been furnifhed him by the Scots themfelves, for the antient indepen- dance of that kingdom +. Among other arguments, hinted at above, he men- tioned the treaty conducted and finifhed by Edward himfelf, for the marriage of his fon with the heirefs of Scotland; a treaty which would have been abfurd, had he been fuperior lord of the kingdom, and had poffeffed by the feudal law the right of difpofing of his ward in marriage. He mentioned feveral other ftriking facts, which fell within the compafs of Edward’s own knowledge; particularly, that Alexander, when he did homage to the king, openly and exprefsly declared in his prefence, that he {wore fealty not for his crown, but for the lands which he held in England : And the Pope’s letter might have paffed for a very reafonable one, had he not fubjoined his own claim to be liege lord of Scotland; a right, which had never once been heard of, but which, with a fingular confidence, he afferted ha N Oo - 13006 * This ftory is told by all the Scots writers; tho’ it muft be owned that Trivet and Hemingford, authors of good credit, both agree that Bruce was not in Edward’s army. + Rymer, vol. ii. p. 844. . Walfing. p. 78, 80. Heming. vol. i, p. 172. Trivet, p. 318. M.- Weft. p. 4355 i Vou, Il. Q- to Dieebakees, ay ee SPL RANA ariyaiiea le ak, AMBP 6.8503 Chap. XIII, to be ful 1300, 1301. 114 HISTORY or ENGLAND. 1, entire, and derived from the moft remote antiquity. The affirmative ftyle, which had been fo fuccefsful with him and his predeceffors in fpiritual con- te{ts, was never before abufed after fo egregious a manner in any civil controverfy. Tus reply, which Edward wrote to Boniface’s letter, contains particulars no lefs fingular and remarkable *, He there proves the fuperiority of England by hiftorical faéts, deduced from Brutus, the Trojan, who, he faid, firft founded the Britifh monarchy in the age of Eli and Samuel: He fupports his pofition by all the events which paffed in the ifland before the arrival of the Romans: And after laying great frrefs on the extenfive dominion and heroic victories of King Arthur, he vouchfafes at lat to defcend to the times of Edward, the elder, with which, in his fpeech to the ftates of Scotland, he had chkofen to begin his claim of fupericrity. He afferts it to be a fact, mstorious and confirmed by the records of an- tiguity, that the Englifh monarchs had often conferred the kingdom of Scotland on their own fubjeéts; had dethroned thefe vaffal kings when unfaithful to them; and had fubftituted others in their place. He difplays with great pomp the full and complete homage which William had done to Henry If; without mention- ing the formal abolition of that extorted deed by King Richard, and the renoun- ciation of all future claims of the fame nature. Yet this paper he begins with a folemn appeal to the Almighty, the fearcher of hearts, for his own firm perfuafion of the juftice of his claim ; and no lefs than an hundred and four barons affembled $302. in parliament at Lincoln, concur, in maintaining before the Pope under their feals, the validity of thefe pretenfions TF. At the fame time, however, they take care to inform Boniface, that, tho’ they had juftified their caufe before him, they did not receive him for their judge: The crown of England was free and fove- reign: They had {worn to maintain all its royal prerogatives, and would never permit the King himfelf, were he willing, to relinqu.th its independancy. Tuat neglect, almoft total, of truth and jultice, which fovereign ftates dif- cover in their tranfaGtions with each other, is an evi inveterate in the world. is one great fource of the mifery to which the human fpecies is continually expofed; and it may be doubted, whether in many inftances it is found in the end to contribute to the interefts of thofe prices themfelves, who thus facrifice their integrity to their politics. As few monarchs have lain under ftronger temptations to violate the principles of equity, than Edward in his tranfaétions with Scotland; fo never were they violated with lefs fcruple and re- * Rymer, vo. ii. p. 863, Walfing. p. 81. Heming. vol. i. p.177. Trivet, p..320. M. Welt. p- 439+ Ryley, p- 596. + Rymer, vol. ii. p. 873. Walfng. p.85. Heming. vol. i, p» 186. Trivet, p. 330. M. Welt. p. 443- 6 ferve : em E DOW Ri Bok IIs ferve: Yet his advantages were hitherto precarious and uncertain; and the Scots, Chap. XII. once rouzed to arms and enured to war, began to appear aformidable enemy, even *7°*" to this military and ambitious prince. They chofe John Cummin for their regent 5 Scotland a- and not content with maintaining their independance in the northern parts, they 84” revolt:. made incurfions into the fouthern counties, which, Edward imagined, he had totally fubdued. John de Segrave, whom he had left guardian of Scotland, led 1303. an army to oppofe them; and lying at Roflin near Edinburgh, fent out his forces tee. in three divifions, to provide themfelves in forage and fubfiltance from the neigh- bourhood. One party wis fuddenly attacked by the regent and Sir Simon Frafer ; and being unprepared, were immediately routed and purfued with great flaughter, The few that efcaped, fyng to the fecond divifion, gave warning of the approach of the enemy: The foldiers ran to their colours: And were immediately led out to take revenge for the death of their countrymen. The Scots, elated with the advantage already obtained, made a vigorous impreffion upon them: The Englith, animated with vengeance, maintained a ftout refiftance: The victory was long undecided between them; but at laft declared itfelf entirely in favour of the for- mer, who broke the Engifh, and chaced them to the third divifion, now acvanc- ing with a hafty march to fupport their diftrefled companions. Many of the Scots had fallen in the two firft actions; moft of them were wounded ; and all of them extremely fatigued by the long continuance of the combat: Yet were they fo tranfported with fuccefs and military rage, that, having fuddenly reco- vered their order, and arning the followers of their camp with the fpoils of the flaughtered enemy, they drove with fury upon the ranks of the difmayed Englifh. The favourable moment Jecided the battle ; which the Scots, hid they met with a fteady refiftance, were 10t long able to maintain: The Englith were chaced of the field: Three viétorie: were thus gained in one day *: And the renown of thefe great exploits, fecoided by the favourable difpofitions of the people, foon made the regent mafter of all the fortrefles in the fouth; and it became neceffary for Edward to begin anew the conqueft of the kingdom. Tue King prepared hinfelf for this enterprize with his ufual vigour and ability. He affembled both a greit feet and a great army; and entering the frontiers of Scotland, appeared witha force, which the enemy could not think of refifling in the open field: The Englifh navy which failed along the coaft, fecured the army from any danger of famine: Edward’s vigilance preferved them from furprizes; And by this prudent difpofition, they marched victorioufly from one extremity of the kingdom to the other, ravaging the open country, taking in all the caftles }, ~ ‘* Heming. vol. i. p.197- + ibid. p. 205. (3 7 and TNs ARIS DOOR Ee ed “ves } - 3 e ene rae. ons. be ial ’ - — ; Mi te +t cima OF age ual id o ARE Sok " e “St tee YI , p * Se ee _ I este ee so se ae 2 CE EL A Se » i> aan - ; , - 5 “A < «30 ii Ts again fub- dued. 1304. 23d Auguft. mS TO RY. ‘or BE Rae Ne. 116 and receiving the fibmifions of all the nobility, even thofe of Cummin the re- cent. The mot obftinate refiftance was made by the caftle of Brechin, defended © 3 a by Sir Thomas Maule; and the place opened not its gates, till the death of the governor, by difcouraging the garrifon, obliged them to fubmit to the fate, which had overwhelmed the reft of the kingdom. Wallace, tho’ he attended he Englifh army in their march, found but few opportunities of fignalizing that valour, which had formerly made him fo terrible to his enemies. Epwarp, having compleated his conqueft, which employed him during the fpace of near two years, now undertook the more difficult work, of fettling the country, of eftablifhing a new form of government, and of making his acquifition durable to the crown of England. He feems to have carried matters to extremi- ty againft the natives: He abrogated all the Scottifh laws and cuftoms*. He endeavoured to fubftitute the Englifh in their place: He entirely razed or de- ftroyed all the monuments of antiquity : Such records or hiftories as had efcaped his former fearch were now burnt or difperfed: And he haftened by too pre- cipitate fteps, to abolifh entirely the Scottifh name, and to fink it finally in the Englifh. Epwarp, however, ftill deemed his favourite conqueft expofed to fome dan- ger, fo long as Wallace was alive; and being prompted both by revenge and po- licy, he employed every art to difcover his retreat, and become matter of his perfon, At laft, that hardy warrior, who was determined, amidft the univerfal flavery of his countrymen, ftill to maintain his independance, was betrayed into Edward’s hands by Sir John Monteith, his friend, whom he had made acquainted with the place of his concealment. The King, whofe natural bravery fhould have induced him to refpect like qualities in an enemy, enraged at fome violences committed by Wallace during the fury of war +, refolved to overawe the Scots by an example of feverity ; and he ordered Wallace to be carried up in chains to London ; to be tried as a rebel and traitor, tho’ he never had made fubmiffion, nor fworn fealty to England; and to be executed on Tower-hill {. This was the unworthy fate of a hero, who, thro’ a courfe of many years, had with fig- nal conduct, intrepidity and perfeverance, defended, againft a public and op- preflive enemy, the liberties of his native country. Bur the barbarous policy of Edward failed of the purpofe, to which it was di- reted, The Scots, already difgufted with the great innovations introduced by * Ryley, p. 506, + Walfing. p. 84. Heming. vol. i. p. 120. t Walfing. p. 90. ‘Trivet, p. 340. Murinmuth, p. 36. i the BAD WcA. Bo RE 117 the fword of a conqueror into their laws and government, were farther enraged at the injuftice and cruelty exercifed upon Wallace ; and all the envy, which, during his lifetime, had attended that gallant chieftain, being now buried in his grave, he was univerfally regarded as the champion of Scotland, and the patron of her expiring independance. The people, inflamed with refentment, were eve- ry where difpofed to rife againft the Englifh government ; and it was not Jong before a new and more fortunate leader prefented himfelf, who conducted them to liberty, to victory, and to vengeance. Rozert Bruce; the fon * of that Robert, who had been one of the compe- titors for the crown, had fucceeded, by his father’s death, to all his pretenfions ; and the death of John Baliol which happened nearly about the fame time in France, together with the captivity of Edward, the eldeft fon of that prince, feemed to open a full career to the genius and ambition of this young nobleman. He faw, that the Scots, when the right to their crown had expired in the males of their antient royal family, had been divided into parties nearly equal between the houfes of Bruce and Baliol; and that every incident, which had fince happened, had tended to wean them from any attachment to the latter. ‘The flender capa- city of John had proved unable to defend them again{t their enemies: He had meanly refigned his crown into the hands of the Conqueror: He had, before his delivery from captivity, reiterated that refignation in a manner feemingly volun- tary; and had in that act thrown out many reflections extremely difhonourable to his antient fubjects, whom he publickly called traitors, ruffians, and rebels, and with whom, he declared, he was determined to maintain no farther connexions [ : He had, during the time of his exile, adhered ftricttly to that refolution ; and his fon, being a prifoner, feemed ill qualified to revive the rights, now fully abandoned, of his family. Bruce therefore hoped, that the Scots, fo long ex- pofed, from the want of a leader, to the oppreffions of their enemies, would una- nimoufly fly to his ftandard, and would feat him on the vacantthrone, to which he brought fuch plaufible pretenfions. His afpiring {pirit, inflamed by the fervor of youth, and buoyed up by his natural courage, faw the glory alone of the enterprize, or regarded the prodigious difficulties, which attended it, as the fource only of farther glory. The miferies and oppreffions, which he had beheld his countrymen fuffer in their unequal conteft ; the repeated ‘defeats and misfor- tunes, which they had undergone ; proved to him fo many incentives to bring * Hemingford, vol. i. p. 218. calls him the grandfon of Robert; and is very particular in the ac- count of the times in which his father and grandfather died. Hemingford is the beft hiftorian of that age. + Brady’s hift. vol. ii. Append. N°. 27. C= them Chap. XIII. 1305. 1306. Robert Bruce. as Me AMR RN cic. da com Bee ot ey er AaB ets, ike: Salas pecan a ‘ % “4 FE a ni et . TE: fe 4a ee ix ia ) iit * Hiftory of the Englith law, p. 158, 163. + Articuli fuper Cart. cap. 6, Edward enacted a law to this purpofe; but it is very doubtful, whe- ther he ever obferved it. We are fure that fcarce any of his fucceffors did. The mulcitude of thefe Jet- ters of protection were a ground of complaint by the commons in 3 Edw. If. - See Ryley, p. 525. This practice #s declared illegal by the ftatute of Northampton pafled in the fecond of Edward III. but ftill continued, like many other abufes. There are inftances of it fo late as the reign of Q. Elizabeth. t Statute of Winton. § Statute of AGon Burnel. | Statute of Confpirators. 4 Spelm. in Gloff. in verbo Juficiarius. Gilberi’s Hift. of the Exchequer, p. 8. 3 pounds BD. wR po, 123 pounds a year to military fervice, tho’ not bound to it by‘his tenure; his vifible ck; ap. XII, reluctance to confirm the great charter, as if that conceffion had had no validity from the deeds of his predeceffors; the captious claufe which he at laft annexed to his confirmation ; his procuring, after all, the Pope’s difpenfation from the oaths which he had taken to obferve that charter; and his levying of arbitrary talliages even after the ftatute, or rather charter, by which he had renounced that preroga- tive; thefe are fo many demontftrations of his arbitrary difpofition, and prove with what exception and referve we ought to celebrate his love of juftice. He took care that his fubjects fhould do juftice to one another; but he defired always to have his own hands free ih all his tranfactions, both with them and with his neigh- bours. Tue chief obftruction to the execution of juftice in thofe times was the power of the great barons; and Edward was perfectly qualified, by his character and abi- lities, to keep thefe tyrants in awe, and to reftrain their illegal pra@tices. This falutary purpofe was accordingly the great object of his attention; yet he wes imprudently led into a meafure which tended very much to encreafe and confirm their exorbitant authority. He pafled a ftatute, which, by allowing them to en- tail their eftates, made it impracticable to diminifh the property of the great f:- milies, and left them all means of encreafe and acquifition. Epwarp obferved a contrary policy with regard to the church: He feems to have been the firlt chriftian prince who paffed a ftatute of mortmain; and. pre- vented by Jaw the clergy from making new acquifitions of lands, which by the ecclefiaftical canons they were for ever prohibited to alienate. The oppofition between his maxims with regard to the nobility and ecclefiaftics, leads us to cor- jeCture, that it was only by chance he paffed the beneficial ftatute of mortmain, and that his fole object was, to maintain the number of knight’s fees, and to pre- vent the fuperiors from being defrauded of the profits of wardfhip, marriage, livery, and other emoluments arifing from the feudal tenures. This is indeed the reafon affigned in the ftatute itfelf, and appears to have been his real object in enacting it.. The author of the Annals of Waverly afcribes this act chiefly to the King’s anxiety for maintaining the military force of the kingdom; but adds that he was much miftaken in his purpofe ; for that the Amalekites were over- come more by the prayers of Mofes than by the fword of the Ifraelites +. E’DWARD was ey. active in reftraining the ufurpations of the church, and ex- cepting his ardour for Crufades, which: adhered to him during his whole life, feems, in other refpects, to have been little infected with {uperftition, the vice ® Brady of burroughs, p, 25, from the records. + P. 234. So alfo M. Weft. p. 4c9. R 2 | chiefiy _— — a -_ a ~ I307- el kd eee : ye ny MLE nd i , ie. pr es iss we Tae i ie ears tau) Sah “ wa : J i > ; | v a4 MY — aa | = bie se ; | Chap. XIII, 1307. a HISTORY or ENGLELAN D. chiefly of weak minds. But the paffion for Crufades was really in that age the paffion for glory. As the Pope now felt himfelf fomewhat more reftrained in his former practice of pillaging the national churches by general impofitions upon them, he permitted the generals of particular orders, who refided at Rome, to levy taxes on the feveral convents fubjected to their jurifdiction; and Edward was obliged to enaét a law againft this new abufe. It was alfo become a practice of the court of Rome to provide fucceffors to benefices before they became vacant: Edward found it likewife neceffary to reftrain by law this fource of injuftice and impofition, Vaere Tue tribute of 1000 marksa year, to which King John in doing homage to the Pope, had fubjeéted the kingdom, had been pretty regularly paid fince his time, tho’ the vaflalage was conftantly denied, and indeed, for fear of giving of- fence, had been but little infifted on. The payment was called by a new name of cenfus, not by that of tribute. King Edward feems to have always paid this money with great reluctance, and he fuffered the arrears, at one time, to runon for fix years *, at another for eleven +: But as princes in that age ftood continu- ally in need of the Pope’s good offices, for difpenfations of marriages and: other conceffions, the court of Rome found always means, fooner or later, to catch the money. The levying of firft fruits was alfo a new device, begun in this reign, by which his holinefs got his fingers very frequently into. the purfes of the faith- ful ; and the King feems unwarily to have given way to it. Epwarp had by his firft wife, Eleanor of Caftile, four fons, but Edward his heir and fucceffor, was the only one that furvived; him. She alfo bore him eleven daughters, moft of whom died in their infancy: Joan was married firft to the earl of Glocefter, and after his death, to Ralph de Monthermer ; Mar- garet efpoufed John duke of Brabant: Elizabeth efpoufed firft John earl of Holland; and afterwards the earl of Hereford : Mary was a nun at Ambrefbury. He had by his fecond wife, Margaret of France,, two fons and a daughter; Tho- mas created earl of Norfolk, and Marefchal of England ; and Edmond who was. created earl of Kent by his. brother when King, The princefS died in her in- fancy. In the former reign the taxes had been. partly fcutages, partly a proportional part of the moveables, granted by parliament: In this, fcutages were entirely dropt ; and the affeffinent on moveables was the chief method of taxation. Ed- ward in his fourth year had a fifteenth granted him ; in. his fifth year a twelfth s. in his eleventh year a thirtieth from. the laity, a twentieth from. the clergy ; ia: * Rymer, vol. ii. p..77, LO7. + Id, p. 862. j A ; - BIS EP Wace oe 125 his eighteenth year a fifteenth; in his twenty-fecond year a tenth from the laity, Chap. XIII. a fixth from London and other corporate towns, half of their benefices fromthe °3°7 clergy ; in his twenty-third year an eleventh from the barons and others, a tenth from the clergy, a feventh from the burgeffes; in his twenty-fourth year a twelfth from the barons and others, an eighth from the burgefles, from the clergy no- thing, becaufe of the Pope’s inhibition; in his twenty-fifth year an eighth from the laity, a tenth from the clergy of Canterbury, a fifth from thofe of York ; in his twenty-ninth year a fifteenth from the laity, on account of his confirming the perambulation of the forefts ; the clergy granted nothing ; in his thirty-third year, firft a thirtieth from the barons and others, and a twentieth from the bur-. gefies, then a fifteenth from all: his fubjeéts 3 in his thirty-fourth year a thirtieth. from all his fubjeéts for knighting his eldeft fon. TuHEsE taxes were moderate; but the King had alfo duties upon exportation: and importation granted him from time totime: The heavieft was commonly upon wool. Poundage, or a shilling a pound, was not regularly granted the Kings for life till the reign of: Henry V.. CHAP ge aid vl ie arnt Mae ee ~tiione te Rpt. ib sted cea lbs Som, . iw > = Pi STS a aes Scr - a 1 =| | = > ~ o : == = Ses = oe SS = = = = » ; SSS anne ra ee — ~ _ - » 7 - a = = ——— — —+—— - = J 7 Sa Se = J ~ - = , a - —s—— ~ = . ‘ 7 mr ~ — — = =. — = — = —o — 2 ms er == ae -_—— a =. == = —— SS —~ toate —S nag 5 eT, = 2 : “= = ne eed - eae : fa ——s awe ne —- ~ aQusgreer tase ———— = ~ — a SS —== = — — ——— — Seema oe aes - = ~— —-- =~ + = ~ ee ee -~ Ss ———— = — — - = _—_-+-—- _ —————— es ne a= = es - a i _— E: FES SS eee —3t— —— —- = - > _ > ——z a: er oe om — - - —— — —— eens —_— ———_———— = = ——— > ————— = — — - — SS ae Co me = — ~ = oe - . ~ ° ‘ Feet a — Sen +Y. Chap. XIV. 1314. 136 STtsTORY Gr ENGLAND. queft, has ever received. The numbers of flain on thefe occafions are always uncertain, and arecommonly much magnified by the victors: But this defeat made a deep impreffion on the minds of the Englith; and it was remarked, that, for fome years, no fuperiority of numbers could encourage them to keep the field againft the Scots *. Robert, to make advantage of his prefent fuccefs, broke into England, and ravaged all the northern counties without oppofition: He befieged Carlifle, tho’ that place was faved by the valour of Sir Andrew Harcla, the go- vernor: He was more fuccefsful againft Berwic, which he took by affault 7: And this prince, elated by his continued profperity, entertained hopes of making the moft important conquefts on the Englifh. He fent over his brother Edward, with an army of 6000 men, into Ireland ; and that nobleman affumed the title of King of Ireland {: He followed foon after himfelf with more numerous forces : The horrible and abfurd oppreflions, which the Irifh fuffered under the Englith go- vernment, made them, at firft, fly to the ftandard of the Scots, whom they re- garded as their deliverers: But a grievous famine, which at that time laid defo- ‘Tate both Ireland and Britain, reduced the Scottifh army to the oreateft extremi- ties; and Robert was obliged to return, with his forces much diminifhed, into his own country. His brother, after having experienced a variety of fortune, was defeated and flain near Dundalk by the Englifh, commanded by lord Ber- mingham §: And thefe projects, too extenfive for the force of the Scottith nation, thus vanifhed into fmoke. | Tue King, befides fuffering thofe difafters from the invafion of the Scots and the infurreétion of the Irifh, was alfo infefted with a rebellion in Wales ||; and above all by the faétions of his own nobility, who took advantage of the public calamities, infulted his fallen fortunes, and endeavoured to eftablifh their own independance on the ruins of the throne. Lancafter and the barons of his party, who had declined attending Edward on his Scottifh expedition, no fooner faw him return with difgrace, than they infifted on the renewal of their ordinances, which they {till pretended to have validity ; and the King’s unhappy condition obliged him to fubmit to their demands. The miniftry was new modeled by the dire@tion of Lancafter |. : That nobleman was placed at the head of the council : It was declared, that all the offices fhould be filled, from time to time, by the votes of parliament, or rather, by the will of the great barons * : And the na- tion, under this new model of government, endeavoured to put itfelf in a better " Walling. p. 106. + T. de fa More, p. 594- Murimath, p. 53- t Trivet, cont. p. 28. Rymer, vol. iii. p. 767; 777: Walling. p. 3. Ypod. Neuft. p. 503. T. cela * More, p. 594. ‘_Trivet, cont. p. 29. | Rymer, vol. ili, p. 553: 4 Ryley, p. sGo. Rymer, vol, iil. p. 722 * Brady, vol. ii. p. 122. from the records, app. N®. 61. Ryley, p.560. 4 | pofture » TD W SAS = IT. 137 pofture of defence againft the Scots. But the factious nobles were far from be- Chap. XIV. ing terrified with the progrefs of thefe public enemies: On the contrary, they ‘31S: founded the hopes of their own future grandeur on the weaknefs and diftreffes of the crown: Lancafter himfelf was fufpected, with a great appearance of reafon, of holding a fecret correfpondence with the King of Scots: And tho’ he was himfelf entrufted with the command of the Englifh armies, he took care that eve- ry enterprize fhould be difappointed, and every plan of operations prove unfuc- cefsful. _ Att the European kingdoms, efpecially that of England, were at this time totally unacquainted with the office of a prime minifter, fo well underftood at prefent in all regular monarchies ; and the people could form no conception of aman, who, tho’ ftill in the rank of a fubject, poffeffed all the power of a fove- reign, eafed the prince of the burthen of affairs, fupplied his want of experience or capacity, and maintained ali the rights of the crown, without degrading the greateft nobles by their fubmiffion to his temporary authority. Edward was plainly by nature unfit to hold himfelf the reins of government: He had no vices ; but was unhappy in a cotal incapacity for ferious bufinefs: He was {en- fible of his own defects, and neceffarily fought to be governed: Yet every favou- rite, whom he fucceffively chofe, was regarded as a fellow fubject, exalted above his rank and ftation: He was the objeét of envy to the preat nobility : His cha- racter and conduct were decryed with the people: His authority over the King and kingdom was confidered as an ufurpation: And unlefs the prince had em'-rac- ed the dangerous expedient, of devolving his power on the earl of Lancafter or fome mighty baron, whofe family intereft was fo extenfive as to be able alone to maintain his influence, he could expeéct no peace nor tranquillity upon the throne, Tue King’s chief favourite, after the death of Gavafton, was Hugh le Def. Hugh le Def. penfer or Spenfer, a young man of Englith birth, of high rank, and of a noble penier. family *. He poffeffed all the exterior accomplifhments of perfon and addrefs, which were fitted to engage the weak mind of Edward ; but was devoid of that moderation and prudence, which might have qualified him to mitigate the envy of the great, and conduct him thro’ all the perils of that dangerous ftation, to which he was advanced. His father, who was of the fame name, and who, by means of his fon, had alfo a:tained great influence over the King, was a noble- man venerable from his years, refpected thro’ all his paft life for wifdom, va- lour, and integrity, and well fitted by his talents and experience, could affairs have admitted of any temperament, to have fupplied the defects both of the King * Dugd. Baron. vol. i. p. 389. Vor. II. a and 138 11S P10 KR YT Or ENGLAN D. Chap. XIV. 2nd of his minion *. But no fooner was Edward’s attachment declared for young 1345. Spenfer, than che turbulent Lancafter, and mott of the great barons, regarded him as their rival, made him the obje&t of their animolity, and formed violent plans for his ruin+. They firtt declared their difcontent by withdrawing from parlia- ment; and it was not long ere they found a pretence for proceeding to greater extremities againft him. , hive L Aly os Le ies aie iis Mao a). eens piel sp MS sd K Fs rt ay ‘i 1321. Tut King, who fet no limits to his bounty towards his minions, had married Civil commo- the younger Spenfer to his niece, one of the co-heirs of the earl of Glocefter, flain ses at Bannockburn; and the favourite, by his fucceflion to that opulent family, had inherited great poffeflions in the marches of Wales}, and being defirous of extending ftill farther his influence in thofe quarters, he 1s accufed of having committed injuftice towards the barons of Audley and d’Ammori, who had alfo married two fifters of the fame family. There was likewife a baron in that neighbourhood, called William de Braeufe, lord of Gower, who had made a fet- tlement of his eftate on John de Mowbray, his fon-in-law ; and in cafe of fai- lure of that nobleman and his iffue, had fubftituted the earl of Hereford, in the ficceffion to the barony of Gower. Mowbray, on the deceafe of his-father-in- law, entered immediately into poffeffion of the eftate, without the formality of taking livery and feizin from the crown; and Spenfer, who coveted that barony, perfuaded the King to put in execution the rigour of the feudal law, to feize Gower as efcheated to the crown, and to confer it upon him §. ‘This tranfaction, which was the proper fubject of a law-fuit, immediated excited a civil war in the king- dom. The earls of Lancafter and Hereford flew to arms: Audley and d’Am- mori joined them with all their forces ; The two Rogers de Mortimer and Roger de Clifford, with many others, difgufted for private reafons with the Spenfers, brought a confiderable acceffion to the party : And their army being now formi- dable, they fent a meflage to the King, requiring him immediately to difmils or confine the younger Spenfer; and menacing him, in cafe of refufal, with renounc- ing their homage and allegiance to him, and taking revenge on that minifter by their own authority. They fcarce waited for an anfwer; but immediately fell upon the lands of young Spenfer, which they pillaged and deftroyed; murdered his fervants, drove off his cattle, and burned his houfes {. They proceeded thenc to cotnmit like devattations on the eftates of Spenfer, the father, whole characler hitherto they had feemed to refpeét. And having drawn and ficned a formal Se ae Adib as. | Se ere ba a a 4 * T. dela More, p. 994. + Walfing. p. 113. T. dela More, p. 595. Murimuth, D. 55: t Trivet, cont. p. 25. § Monach. Malmes. || Marimuth, p. §§- affociation \ Eo DW. he Reo B® I], I Us \O affuciation among themfelves *, they marched up to London with all their forces, ftationed themfelves in the neighbourhood of that city, and demanded of the King the banifhment of both the Spenfers. Thefe noblemen were then abfent ; the father abroad; the fon at fea; and both of them employed in different com- miffions: The King therefore replied, that his coronation oath, by which he was bound to obferve the laws, reftrained him from giving his aflent to fo ille- gal a demand, or condemning noblemen who were accufed of no crime, nor had any Opportunity afforded them of making anfwer+, Equity and reafon were but a feeble oppofition to men, who. had arms in their hands, and who, being alrea- dy involved in guilt, faw no fafety but in fuccefs and victory. ‘They entered London with their troops ; and giving in to the parliament, which was then fit- ting, a charge againft the Spenfers, of which they attempted not to prove one article, they procured, by menaces and violence, a fentence of perpetual exile and forfeiture againft thefe minifterst. This fentence was voted by the lay barons alone: For the commons, tho’ now an eftate in parliament, were yet of fo little ’ confideration, that their affent was never demanded; and even the voice of the prelates was neglected amidft the prefent diforders. The only fymptom, which thefe turbulent barons gave of their regard to law, was their requiring from the King an indemnity for their illegal proceedings §; after which, they difbanded their army, and feparated, in fecurity, as they imagined, to their feveral caftles. Tus act of violence, in which the King was obliged to acquiefce, rendered his perfon and his authority fo contemptible, that every one thought himfelf en- titled to treat him with negleét. The Queen, having occafion foon after to pafs by the caftle of Leeds in Kent, which belonged to the lord Badlefmere, defired a night’s lodging ; but was refufed admittance, and fome of her attendants, who prefented themfelves at the gate, were killed |. The infult and brutality towards this princefs, who had always endeavoured to live on good terms with the ba- rons, and who joined them heartily in their hatred of the younger Spenfer, was an action which no body pretended to vindicate; and the King thought, that he might, without giving general umbrage, affemble an army, and take vengeance on the offender. No one came to the affiftance of Badlefmere; and Edward prevailed |: But having now fome forces on foot, and having ‘concerted mea- fures with his friends throughout England, he ventured to take off the mafk, to attack all his enemies, and to recal the two Spenfers, whofe fentence he declared * Tyrrel, vol. ii. p. 280, from the regifter of C. C. Canterbury. + Walfing. p. 114. t Totle’s Colle&. ‘part 2, p. 50. Walfing. p. 114. § Totle’s Colle&t. part 2. p. 54, Rymer, vol. ili. p. 891. | Rymer, vol. iii. p. 89. Walfing. p. 114, 11§. T. dela More, p. 595- Murimuth, p. 56. 4+ Walling. p. 115 = illegal, a : pe ~! i fs Pm | P| 4 ~y 5 | Py ‘ | > ' “ ‘i = aa i : 2 F ’ a Py, Y : 4) S ra AB rt a —— ; Chap. XIV. 1321. ~ > Nw Nm 16th March. 23d March. Execution of the earl of | Lancafter. 140 HISTORY or ENGLAND. iMegal, unjuft, contrary to the tenor of the great charter, paffed without the af- fent of the prelates, and extorted by violence from him and the eftate of barons *. Still the commons were not mentioned by either party. Tue King had now got the ftart of his adverfaries; an advantage, which, 10 thofe umes, was commonly decifive : And haftened with his army to the marches of Wales, the chief feat of the enemies power, whom he found totally unpre- pared. for refittance. Many of the barons in thofe parts endeavoured to appeafe him by fubmiffion +: Their caftles were feized, and their perfons committed to cuftody. But Lancafter, in order to prevent the total ruin of his party, fum- moned together all his vaflals and retainers ; declared his alliance with Scotland, which had long been fufpected ; received the promife of a reinforcement from that country under the command of Randolf, earl of Murray, and Sir James Douglas f ; and being joined by the earl of Hereford, advanced with all his for- ces againft the King, who had colleéted an army of 30,000 men, and was fupe- rior to his enemies. Lancafter potted himfelf at Burton upon Trent, and endea- voured to defend the paflages of the river §: But being difappointed in that plan of operations ; this nobleman, who had no military genius, and whofe perfonal courage was even fufpected, fed with his army to the north, in expectation of being there joined by his Scottifh allies]. He was purfued by the King; and his army diminifhed, daily; till he came to Boroughbridge, where he found Sir Andrew Harcla pofted with fome forces on the oppofite fide of the river, and ready to difpute the paffage with him. He was repulfed in an attempt which he made to force his way; the earl of Hereford was killed ; the whole army of the rebels was difconcerted ; Lancafter himfelf was become incapable of taking any meafures either for flight or defence; and he was feized without refiftance by Harcla, and conduéted to the King }. In thofe violent times, the laws were fo much negleéted on both fides, that, even where they might, without any fenfible inconvenience, ‘have been obferved, the conquerors deemed it unneceflary to pay any regard tothem. Lancafter, who was guilty of open rebellion, and was taken in arms again{t his fovereign, inftead of being tried by the laws of his country, which pronounced the fentence of death againft him, was condemned by a court- martial *, and led to execution. Edward, however little vindictive in his natu- ral temper, here indulged his revenge, and practifed again{ft the prifoner the fame indignities, which had been exercifed by his orders againft Gavafton. He was * Rymer, vol. ile oF 907. tah de la More, p: 595: + Walfing. P- 1 1$. Marimuth, Pp: §7e t Rymer, vol, iii. p. 958. § Walfing, p. 115- || Ypod. Neuft. p. 504. 4 T. de la More, p. 596. Walking. p. 116. * Tyrrel, vol. ii, pe 291. from the Records, 6 cloathed _aviee BoDoOW. wes Te. II. 141 cloathed in a mean attire, placed o1 a lean jade without a bridle, a hood was put on his head, and in this pofture, attended by the acclamations of the people, this prince was conducted to an eminence near Pomfret, one of his own caltles, and there beheaded *. Tuus perifhed Thomas earl of Lancafter, the firft prince of the biood, and one of the moft potent barons who had ever been in England. His public con- duct fufficiently difcovers the violence and turbulency of his charaéter: His pri- vate deportment appears not to have been more innocent +: And his hypocritical devotion, by which he gained the favour of the monks and populace, will rather be regarded as an aggravation than an alleviation of his guilt {. Badlefmere, Giffard, Barret, Cheyney, Fleming, and about eighteen of the moft notorious offenders, were afterwards condemned by a legal trial and were executed §. Many were thrown into prifon: Others made their efcape beyond fea: Some of the King’s fervants were rewarded from the forfeitures : Harcla received for his fer- vices the earldom of Carlifle ||, and a large eftate, which he foon after forfeited with his life, for a treafonable correfpondence with the King of Scotland |. But the greateft part of all thofe vaft efcheats was feized by young Spenfer, whofe ra- pacity was infatiable *. Many of the barons ef the King’s party were difgufted with this partial divifion of the fpoils: Fhe envy againft Spenfer rofe higher than ever: The ufual infolence of his temper, raifed by fuccefs, impelled him to commit many aéts of violence +. The people, who always hated him, made him ftill more the object of their averfion: All the relations of the attainted ba- rons and gentlemen fecretly vowed revenge: And tho’ tranquillity was in appear- ance reftored to. the kingdom, the general contempt. of the King and odium againft Spenfer, bred dangerous humours, the fource of future revolutions and convulfions. In this fituation no fuccefs could be expected from foreign wars ; and Edward, after making one more fruitlefs attempt againft Scotland, whence he retreated with difhonour, found it neceffary to terminate hoftilities with that kingdom, by a truce of thirteen years t: Robert, tho’ his title to the crown was not acknow- ledged in the treaty, was fatisfied with enfuring his pofieflion of it during fo long a time. He had repelled with gallantry all the attacks of England: He had fuccefsfully carried war both into that kingdom and into Ireland: He had reject- * Leland’s Coll. vol. i. p. 668. + Knyghton, p. 2540. t Hidgen, lib. 7. cap. 42. § T. de la More, p. 596. ) Rymer, vol. iii. p. 943. Walfing. p. 118. | Rymer, vol. iii. p. 988, 994, 999. vol. iv. p. 4. Walfing. p. 118. Ypod, Neuft. p. sos. * Dugd. vol i. p. 393. + Dugd. vol. i. p. 393. T. dela More, p. 597. } Rymer, vol. iii, p. 1022. Marimuth, p. Co. ec Chap. XIY¥. 1322. > Ure) 4 7 4 eae - S68 S Hiden sian 45, x TRY Yi, vy ¥42 et out OR Fas ENGLAND. ed with difdain the Pope’s authority, who pretended to impofe his commands up- on him; and oblige him to make peace with his enemies : His throne was. firmly eftablifhed, as well in the affections of his fubjeéts, as by force of arms: Yet there naturally remained fome inquietude in his miod, while at war with a ftate, which, however at prefent difordered by faction, was of itfelf fo much an over-match for him both in riches and in numbers of people. And this truce was, at the fame time, the more convenient for England; becaufe the nation was in that junéture threatened with hoftilities from France. Purr the Fair, King of France, who died in 1315, had left the crown to his fon, Lewis Hutin, who, after a fhort reign, dying without male iffue, was fuc- ceeded by Philip the Long, his brother, whofe death foon after made way for Charles the Fair, the youngeft brother of that family. This monarch had fome reafons of complaint againft the King’s minifters in Guienne ; and as there was no common nor equitable judge in that ftrange fpecies of fovereignty, eftablifhed by the feudal law, he feemed defirous to take advantage of Edward’s weaknels, and under that pretence, to confifcate all his foreign dominions +. After an em- bafly by the earl of Kent, the King’s brother, had been tried in vain, Queen Ifabella obtained permiffion to go over to Paris, and endeavour to adjuft, in an amicable manner, the’ difference with her brother [ : But while fhe was making fome progrefs in this negociation, Charles ftarted a new pretenfion, the juftice of which could not be difputed, that Edward himfelf fhould appear in his court, and do the homage of a vaffal for the fees which he held in France §. But there occurred many difficulties in complying with this demand. “Young Spenfer, by whom the King was implicitly governed, had unavoidably been engaged in ma- ny quarrels with the Queen, who afpired to the fame authority ; and tho’ that artful princefs, on her leaving England, had diffembled her animofity |, Spenfer, well acquainted with her fecret fentiments, was unwilling to attend his matter to Paris, and appear in a court, where her credit might expofe him to infults if not to danger. He hefitated no lefs on allowing the King to make the journey alone; both fearing, left that eafy prince fhould in his abfence fall under fome other in- fluence, and forefeeing the perils, to which he himfelf fhould be expofed, if, with- out the protection of the royal authority, he remained in England, where he was fo generally hated, While thefe doubts bred delays and difficulties, Iabella pro- pofed, that Edward fhould refign the dominion of Guienne to his fon, now thir- + Rymer, vol. iv. p. 74, 98. { Rymer, vol. iv. p. 140. Murimuth, p. 63. § T. dela More, p. 596. Walfing. p. 117. Ypod. Nenft, p. 505. Murimuth, p. 60, j Rymer, vol. iv. p. 194. 5 feen BoD We oA ROB IH. 143 teen years of age; and that the prince fhould come to Paris, and do the homage which every vaflal owed to his fuperior lord *. This expedient, which feemed fo 1324: happily to remove all dif alice. was immediately complied with: Spenfer was omieaall with the contrivance: Young Edward was fent to Paris: And the ruin, covered under this fatal {mare, was never perceived, nor fufpeéted by any of the E:nglith council. Tue Queen, on her arrival in France, had found there a great number of Englith fugitives, the remains of the Lancaftrian faction; and their common hatred of Spenfer, foon bred a fecret friendfhip and correfpondence between them and that princefs. Among the reft was young Roger Mortimer, a potent baron in the Welfh marches, who had been obliged, with others, to make his fubmiftion to the King, had been condemned for high-treafon ; but having received a pardon for his life, was afterwards detained in the Tower, with an intention of rendering his imprifonment perpetual. He was fo fortunate as to make his efcape into France +; and’being one of the moft confiderable peri fons now remaining of the party, as well as diftinguifhed by his violent animofity againft SocriGies: he was eafily admitted to pay his court to Queen Ifabella.. The graces of his perfon and addrefs advanced him quickly in her affections: He became her confident and counfellor in all her meafures: And gaining daily ground upon her heart, he en- gaged her to facrifice at laft, to her paffion, all the fentiments of honour and of fi- delity to her hufband ft. Hating now the man, whom fhe had injured, and whom Confpiracy fhe never valued, fhe entered cordially into all Mortimer’s conipiracies ; ; and hav- againft the ing artfully got into her hands the young prince, and heir of the monarchy, fhe siiitas refolved on the utter ruin of the King, as well as of his favourite. She en- caged her brother to enter into this criminal purpofe: Her court was daily full of the exiled barons: Mortimer lived in the moft declared intimacy with her: A correfpondence was fecretly carried on with the malecontent party in England: And when Edward, informed of thefe alarming circumftances, required her fpee- dily to return with the prince, fhe publicly replied, that fhe would never fet foot in the Bendel. till Spenfer was for ever removed from his prefence and councils: A declaration, which precured her great popularity in England, and threw a de- cent veil on all her treafonable enterprizes. Epwarp endeavoured to put himfelf in a pofture of defence §; but, befides the difficulties arifing from his own indolence and flender abilities, and the want of authority, which of confequence attended all his refolutions, it was not eafy * Rymer, volv iv. p. 163, 164, 165. Walfing. p.120. T. dela More, p. 597. Murimuath, ~Rymer, vol,iv. p. 7, 8, 20. T.dela More, p. 596. Walfing. p. 120. Ypod. Neufi. ‘ — 09, + Tf. dela More, p. 598. Murimuth, p. 65. § Rymer, vol. iv. p. 18, # be Le oO ™ 2) \s Nw 2 144 HISTORY or ENGLAND. Chap. XIV. for him, in the prefent ftate of the kingdom and revenue, to maintain a conftant 1325. force, ready to repel an ‘vation, which he knew not at what time or place he had reafon to expect. All his efforts were unequal to the traiterous and hoftile Infurre@tion. confpiracies, which both at home and abroad were forming again{t his authority, aad which were daily penetrating f.+ther even into his own family. His brother, the earl of Kent, a virtuous but weak prince, who was then at Paris, was unwa- rily engaged by his Giter-in-law, and by the King of France, who was alfo his coufin-german, to give countenance to the invafion, whofe fole object, he believed, was the expulfion of the Spenfers: He prevailed on his elder brother the earl of Norfolk, to enter fecretly into the fame defign: The brother and heir of the earl of Lancafter had too many -eafons for his hatred of thefe minifters, to refufe his concurrence. Walter de Reynel, archbifhop of Canterbury, and many of the prelates expreffed their approbation of the Queen’s meafures : Several of the moft potent barons, envying the exorbitant authority of the favourite, were ready to fly to arms: The minds of the people, by means of fome truths and many calumnies, were ftrongly difpofed to the fame party : And there needed but the appearance of the Queen and Prince, with {uch a body of foreign troops, as might be fuf- ficient to give her protection azainft immediate violence, to turn all this tempef, fo artfully prepared, againtt the unhappy Edward. £326. Cuartes, tho’ he gave countenance and aMfiftance to the faction, was afhamed | openly to fupport the Queen and prince, againft the authority of a hufband and father; and Ifabella was obliged to court the alliance of fome other foreign _potentate, from whofe dominions fhe might fet out on her intended enterprize. For this purpofe, fhe affianced young Edward, whofe tender age made him inca- pable to judge of the confequences, with Philippa, daughter of the count of Holland and Hainaule * ; and having by the open affiftance of this prince, and the fecret protection of her brother, inlifted in her fervice near 3000 men at arms, 24h Septem. fhe fet out from the harbour of Dort, and landed fafely, and wichout oppofition, on the coatt of Suffolk. The earl of Kent was in her company: Two other princes of the blood, the earl of Norfolk, and the brother of the earl of Lan- cafter, joined her foon after her landing with all their followers: Three prelates, the bifhops of Ely, Lincoln, and Hereford, brought her both the force of their vaffals and the authority of their character T : Even Robert de Watteville, who had been fent by the King to oppoie her progrefs in Suffolk, deferted to her with * T. dela More, p- 598. * + Walling, p.123. Ypod. Neuf. p. 507. T.dela More, p. 598- Murimuth, Pp: 66. al! (i iv BLD OWS AveR SOUL Pas 2 f 3 : all his forces. To-render her caufe more favourable, fhe renewed her decla- ci ration, that the fole purpofe of her enterprize was to free the king and kingdom from the tyranny of the Spenfers, and of chancellor Baldoc, their creature +. The populace were allured by her fpecious pretences: The barons thought themfelves fecure againft forfeitures by the appearance of the prince of Wales in her army : And a weak irrefolute King, fupported by minifters generally odious, was altogether unable to ftem this torrent, which bore with fuch irrefiftible vio- lence againft him. Epwarp, after trying in vain to rouze the citizens of London to fome fenfe of loyalty ¢, departed for the weft, where he hoped to meet with a better recep- tion; and he had no fooner difcovered his weaknefs by leaving the city, than the rage of the populace broke out without controul againft him and his minifters. They firfl plundered and then murdered all thofe who were obnoxious to them : They feized the bifhop of Exeter, a virtuous and loyal prelate, as he was paffing through the ftreets ; and having beheaded him, they threw his body into the river §. They made themfelves mafter of the Tower by furprize ; and then en- tered into a formal affociation to put to death, without mercy, every one whe fhould dare to oppofe the enterprize of Queen Ifabella, and of the prince j. A like fpirit was foon communicated to all other parts of England ; and threw the few fervants of the King, who ftill entertained thoughts of performing their du- ty, into terror and aftonifhment. Epwarp was hotly purfued to Briftol by the earl of Kent, feconded by the foreign forces under John de Hainault. He found himfelf difappointed in his ex- pectations with regard to the loyalty of thofe parts; and he pafled over to Wales, where he flattered himfelf his name was more popular, and which he hoped to find free from the contagion of general rage, which had feized the Englith 1. The elder Spenfer, lately created earl of Winchefter, was left governor of the caftle of Briftol ; but the garrifon mutinied againft him, and he was delivered into the hands of his enemies. his venerable noble, who had nearly reached the nine- tieth year of his age, was inftantly, without a trial, or witnefs, or accufation, or anfwer, condemned to death by the rebellious barons: THe was hanged on a gib- bet ; his body was cut in pieces, and thrown to the dogs *; and his head was fent to Winchefter, the place whofe title he bore, and was there fet on a pole, and expofed to the infults of the populace. + Ypod. Neuft. ps 508. t Walfing. p. 123. § Walfing. p. 124. T. dela More, p. 599. Murimuth, p, 66. || Walfing. p. 124. 4 Murimuth, p. 67. * Leland’s Coll. vol. i. p. 673. T.dela More, p. 599. Walfing. p. 125. M. Froiffard, vol. i. chap. 13. Vou, II. a THE 146 HisTORY or ENGLAN D. Chap. XIV. Tue King, difappointed anew in his expectations of fuccours from the Welfh, 1326 took fhipping for Ireland; but being drove back by contrary winds, he endea- youred to conceal himfelf in the mountains of Wales: He was foon difcovered, was put under the cuftody of the earl of Lancafter, and was confined in the cattle of Kenilworth, ‘The younger Spenfer, his favourite, who alfo fell into the hands of his enemies, was executed, like his father, without any appearance of a legal trial +: The earl of Arundel, almoft the only man of his rank in Eng- Jand,- who had maintained his loyalty, was alfo, without any trial, put to death at the inftigation of Mortimer: Baldoc, the chancellor, being a prieft, could not with fafety be fo fuddenly difpatcheds but being fent to the bifhop of Hereford’s houfe in London, he was there, as his enemies probably forefaw, feized by the populace, was thrown into Newgate, and foon after expired, from the cruel ulage which he had received t. Even the ufual reverence, paid the facerdotal character, gave way, with every other confideration, to the prefent rage of the people. TheKingde- DHE Queen, to avail herfelf of the prevailing delufion, fummoned, in the King’s chroned. name, a parliament at Weftminfter, where, together with the power of her ar- any, and the authority of her partizans among the barons, who were concerned 4327. tO fecure their paft treafons by committing new acts of violence againft their fo- vereign, fhe expected to be feconded by the fury of the populace, the meft dan- gerous of all inftruments, and the leaft anfwerable for their excefles. A charge a 3th January. was drawn up againft the King, in which, even tho’ it was framed by his invete- rate enemies, nothing but his narrow genius, or his misfortunes, were objected to him: For the greateft malice found no particular crime with which it could re- proach this unhappy prince. He was accufed of incapacity for government, of wafting his time in idle amufements, of negleéting public bufinefs, of being fwayed by evil counfellors, of having loft, by his mifconduct, the kingdom af Scotland, and part of Guienne; and to fwell the charge, even-the death of fome barons, and the imprifonment of fome prelates, convicted of treafon, were laid to his account §. It was in vain, amid the violence of arms and tumult of the people, to appeal cither to law or reafon: The depofition of the King, without any appearing oppofition, was voted by parliament: The prince, already declared regent by his party *, was placed on the throne: And a deputation was fent ito Edward at Kenilworth, to require his refignation, which menaces and terror foen vextorted from him. | + Walfing. p. 12g. Ypod. Neult. p. 508. “t ‘Walfing.p.126. Murimuth, p. 68. 4 Knyghton, p. 2765; 2766. Brady’s App. eS Baek # *Rymer, vol. iv. p-a37. Walfing, p. 12. Bur Es a f tt ; : r ; nite endo " 1] ip | in , B tes i : , ¥ aa 7 a + epg RES ne ae pS te SSS eT pepe ns at rel eae =~ a ns Se — y “47 oF ~ re rat py ‘ : BoD ew A. ResB II. 149 But it was impoffible, that the people, however corrupted by the barbarity of Chsp. XIV. the times, {till farther enflamed by faction, could forever remain infenfible to the ‘°7”° voice of nature. A wife, who had firft deferted, next invaded, and then de- throned her hufband: Who had made her infant fon an inftrument in this unna- tural treatment of his father: Who had by lying pretences feduced the nation into rebellion again{ft their fovereign: Who had pufhed them into violences and cruelties, that had difhonoured them: All thofe circumftances were fo odious in themfelves, and formed fuch a complicated {cene of guilt, that the leaft- reflection fufficed to open mens eyes, and make them deteft this flagrant infringement of every public and private duty. -D’he fufpicions which foon arofe of Ifabella’s cri- minal commerce with Mortimer, the proofs which daily broke out of this part of her guilt, encreafed the general abhorrence againft her; and her imprudent hypo- crify, in publicly bewailing with tears the King’s unhappy fate +, was not able to deceive even the moft ftupid and moft prejudiced of her adherents. In pro- portion as the Queen became the object of public hatred, the dethroned monarch, who had been the victim of her crimes, and her ambition, was regarded with pity, with friendfhip, with veneration; and men became fenfible, that all his mifcon- duct, which faction had. fo much exaggerated, had been owing to the unavoidable weaknefs, not to any voluntary depravity of his character. The new earl of Lancafter, to whofe cuftody he had been committed, was foon touched with thefe generous fentiments ; and befides ufing his prifoner with gentlenefs and humanity, he was fufpected to have entertained {till more honourable intentions in his favour. The King, therefore, was taken out of his hands, and delivered over to the lord Berkeley, and Mautravers, and Gournay, who were entrufted alternately, each for a month, with the charge of guarding him. While he was in Berkeley’s cuftody, he was ftill ufed with the gentlenefs due to his rank and his misfortunes; but when Mautraver’s and Gournay’s turn came, every {pecies of indignity was prac- ti'ed againft him, as if their intention had been to break entirely the prince’s {pi- rit, and to employ his forroWs and affiictions, inftead of more violent and more dangerous expedients, for the inftruments of his murder f. It is reported, that one day, when Edward was to be fhaved, they ordered 1 cold and dirty water to be brought from the ditch for that purpofe; and when he defired it to be changed, and was ftill denied his requeft, he burft out into tears, which bedewed his cheeks ; and he exclaimed, that, in fpite of their infolence, he fhould be fhaved with *, But as this means for at E.\dward in his grave ap- clean and warm water peared ftill too flow to the impatient Mortimer, he fecretly fent orders to the + Walfing. p, 126. + Anonym. Hift, p. 838. * T. de la More, 602. U2 two ee oe to “ex rr aess or ~ : 2aaPs —s pon oe * tao om ies be atelier * ton Ran me " = ee Sie nip ened " - as a 2 > = Sea ae A a A - a ae eke wk Se be ae ° —-—— at | if | 74 ] \ : { i, 7 Hai uti a ¢ : ij f U r : L ™ ia 3 wag : or ¢ i . \ 1 t ° ” i= » His character. 148 HISTORY or ENGLAND. two keepers, who were at. his devotion, inftantly to difpatch him; and thefe ruffians contrived to make the manner of his death as cruel and barbarous as pof- fible. Taking advantage of Berkeley’s ficknefs, in whofe cuftody he then was, and who was thereby incapacitated from attending his charge —; they came to Berkeley-caftle, and put themfelves in poffeffion of the King’s perfon. They threw him on the bed; held him down violently with a table, which they flung over hin; thurft-into his fundament a red hot iron, which they inferted thro’ a horn; and tho’ the outward marks of violence upon his perfon were prevented by this expedient, the horrid deed was difcovered to all the guards and attendants by the fcreams, with which the agonizing King filled the caftle, while his bowels were confuming ff. Gournay and Mautravers were held in deteitation by all mankind ; and when the enfuing revolution in England threw their protectors from power, they found it neceflary to provide for their fafety by flying the kingdom. Gournay was ai- rerwards feized at Marfeilles, delivered over to the Senefchal of Guienne, put on board a fhip with a view of carrying him over to England; but was beheaded at fea, by fecret orders, as was fuppofed, from fome nobles and prelates in Eng- land, anxious to prevent any difcovery, which he might make of his accom- plices ||. Mautravers concealed himfelf for feveral years in Germany ; but having found means of rendering fome fervice to Edward III. he ventured to approach his perfon, threw himfelf on his knees before him, fubmitted to his mercy, and received a pardon +. Ir is not eafy to imagine a man more innocent and inoffenfive than the unhap- py King, whofe tragical death we have related; nor a prince lefs fitted for go- verning that fierce and turbulent people, fubjected to his authority. He was obliged to devolve on others the weight of government, which he had neither ability nor inclination to bear: The fame indolence and want of penetration led him to make choice of minifters and favourites, who were not always the beft qua- liGed for the truft committed to them: The feditious grandees, pleafed with his weaknefs, yet complaining of it, under pretence of attacking his minifters, infult- ed his perfon and invaded his authority: And the impatient populace, ignorant of the fource of their grievances, threw all the blame upon the King, and en- creafed the public diforders by their faction and violence. It was in vain to look. + Cotton’s Abridg. p. 8. +-Walfing. p. 127. Ypod. Neuft. p. 509. Heming. p. 263. T. de la More, p. 603. | Walfing. p. 128. Anon. Hilt p. 390. |. Cotton’s Abridg. p. 66,81. Rymer, vol. v. p. 600. 6 for B.D W #2 coR II. 149 for protection from the laws, whofe voice, always feeble in thofe times, was not Chay. XIV heard amidft the din of arms: What could not defend the King was lefs able to 1527. give fhelter to any of the people: The whole machine of covernment was torne in pieces with fury and violence: And men, inftead of complaining againft the manners of their age, and the form of their conftitution, which required the moft {teady and moft fkilful hand to conduct them, imputed all errors to the perfon, who had the misfortune to be entrufted.with the reins of empire, - Burt tho’ fuch miftakes be natural and unavoidable while the events are recent, it isa fhameful delufion in modern hiftorians, to imagine, that all the antient princes, who were unfortunate in their government, were alfo tyrannical in their conduc, and that the feditions of the people proceeded always from fome invafion of their liberties and privileges by the monarch. Evena great and a good Kine was not in that age fecure againft faction and rebellion, as appears in the cafe of Henry I, but a great King had the beft chance, as we learn from the hiftory of the fame period, for quelling and fubduing them. Compare the reigns and charaéters of Edward I.-and II. ‘The father made feveral violent attempts againft the liber- ties of the people: His barons oppofcd him: He was obliged, at leaft found it prudent, to fubmit : But as they dreaded his valour and abilities, they were con- tented with reafonable fatisfaction, and pufhed no farther their advantages againft him. The facility and weaknefs of the fon, not his violence, threw every thine into confufion: The laws and government were overturned: An attempt to re- inftate them was an unpardonable crime: And no atonement, but the depofition. and tragical death of the King himfelf, could give thefe barons contentment, Ir is eafy to fee, that a conftitution, which depended fo much on the perfonal cha- racter of the fovereign, muft neceffarily, in many of its parts, be a government of will, not of laws. But always to.throw, without diftinction, the blame of all diforders upon the prince, would introduce a fatal error in politics, and ferve as a perpetual apology for treafon-and rebellion: As if the turbulency of the great, and madnefs of the people, were not, equally with the tyranny of princes, an evil incident to, human fociety, and no-lefs. carefully to: be guarded againft in every well rezulated conftitution. Wuice thefe abominable fcenes pafied in England, the theatre of France was Mifcellaneous tained with a wickednefs equally barbarous, and {till more public and deliberate, '2»/attions Fhe order of knights templars had arifen during the firft fervour: of the Cru- ies ee fades ; and uniting the two qualities the moft popular in that age, devotion and : valour, and exercifing both in the moft popular of all enterprizes, the defence of the Holy Land, they had made rapid advances to credit and authority, and had Chap. XIV. $327. £50 HISTORY ofr ENGLAND. had acquired, from the piety of the faithful, very ample pofi: fions in every coun- try. of Europe, efpecially in France. Their great riches, joined to the courfe of time, had, by degrees, relaxed the feverity of thefe virtues ; and the templars had in a great meafure loft that popularity, which firft raifed them to honour and diftin@tion. Acquainted from experience with the fatigues and dangers of thofe fruitlefs expeditions to the Eaft, they chofe rather to enjoy in eafe their opulent revenues in Europe: And being all of them men of birth, educated, according to the cuftom of that age, without any tincture of letters, they feorned the igno- ble occupations of a monattic life, and paffed their time wholly in the fafhionable amufements of hunting, gallantry, and the pleafures of the table. Their rival order, that of St. John of Jerufalem, whofe poverty had as yet preferved them from like corruptions, ftill diftinguifhed themfelves by their enterprizes again{t the infidels, and fucceeded to all the popularity, which was loft by the indolence and luxury of the templars. But tho’ thefe caufes had weakened the foundations of this order, once fo celebrated and revered, the immediate fource of their de- ftruétion proceeded from the cruel and vindictive fpirit of Philip the Fair, who having entertained a private difguft againft fome eminent templars, determined to gratify at once his avidity and revenge, by involving the whole order in one undiftinguifhed ruin. On no better information, than that of two knights, con- demned by their fuperiors to perpetual imprifonment for their vices and profligacy ; he ordered on one day all the templars of France to be committed to prifon, and imputed to them fuch enormous and abfurd crimes, as are fufh- cient of themfelves to deftroy all the credit of the accufation. Befides their being univerfally charged with murder, robbery, and vices the moft fhocking to nature ; every one, it was pretended, whom they received into their order, was obliged to renounce our Saviour, to fpit upon the crofs*, and to join to this impiety the fuperftition of worfhipping a gilded head, which was fecretly kept in one of their houfes at Marfeilles. They alfo initiated, it was faid, every candidate by fuch ‘nfamous rites, as could ferve to no other purpofe, than to degrade the order in his eyes, and deftroy for ever the authority of all his fuperiors over him fF. Above an hundred of thefe unhappy gentlemen were put to the queftion, in order to extort from them a confeffion of their guilt: The more obftinate perifhed in the hands of their tormentors: Several, to procure themfelves immediate eafe in the violence of their agonies, acknowledged whatever was required of them: Forged confcffions were imputed to others +: And Philip, as if their guilt were * Rymer, vol, iil, p. 31, 101. + Tt was pretended, that he kiffed the knights who receiv- ed him onthe mouth, navel and breech. Dupuy, p. 15, 16, Walf. p. 9g. t Vertot, hilt. de Chey. de Malte, vol. ii, p. 127, 130, &¢. | ROW EDWARD &. 151 now certain, proceeded to a confifcation of all their treafures. But no fooner had the templars recovered from their tortures, than, preferring the moft cruel execu- tion to a life with infamy, they difavowed their confeffions, exclaimed againft the forgeries, juftified the innocence of their order, and appealed to all the gallant actions, performed by them in antient or latter times, as a full apology for their conduét. The barbarous tyrant, enraged at this difappointment, and thinking himfelf now engaged in honour to proceed to extremities, ordered fifty-four of them, whom he branded’ as relapfed heretics, to perifh by the punifhment of fire in his capital *: Great numbers expired after a like manner in other parts of the kingdom : And when he found, that the perfeverance of thefe unhappy vic- tims, in juftifying to the laft their innocence, had made deep impreffion on the fpectators he endeavoured to overcome the conftancy of the templars by new inhumanities. “Ihe grand matter of the order, John de Molay, and another great officer, brother to the fovereion of Dauphiné, were conducted to a fcaffold, erected before the church of Notredame, at Paris: A full pardon was offered them on the one hand: The fire, deftined for their execution, was fhown to them on the other: Thefe gallant nobles ftill perfifted in the proteftations of their own innocence and that of their order; and were inftantly hurried into the flames by the executioner-T. In all this barbarous injuftice, Clement V. who was the creature of Philip, and then refided in France, fully concurred ; and without examining a witnefs, or making any enquiry into the-truth of facts, he fummarily, by the plenitude of his apoftolic power, abolifhed the whole order. The templars all over Europe ‘were thrown into prifon ; their conduct underwent a ftrict ferutiny; the power of their enemies {till purfued and oppreffed them., but no where, except in France, were the fmalleft traces of their guilt pretended to be found. England fent back an ample teftimony -of their piety and morals ; but as the order was now annihi- lated, the knights were diftributed into feveral convents, and their poffeffions were, by command of the Pope, transferred to the order of St. Johnt. We now proceed to relate fome other detached tranfactions of the prefent period. Tue kingdom of England was afflicted with a grievous famine during feveral years of this reign. Perpetual rains and cold weather, not only deftroyed the tharveft, but bred a mortality among the cattle, and raifed every kind of food to anenermous price§. ‘I'he parliament, in 1315, endeavoured to fix more mode- fate rates on commodities; not fenfible, that fuch an attempt was impratticable, cand that, were it poffible to reduce the price of food by any -other expedient * Vertot, vol. il. p.t22. Trivet,-cont. -p. 8. + Vertot, vol. ii. p. 142. i Rymer,.vol. aL p. 323, 956. wol. ive p..47. Ypod.. Neuf. p. 5.06. § ‘Trivet, cont p.77, 78. thap Chap. XTY. 4327. ey 152 HISTORY or ENGLAND. ‘Chap, XIV. than introducing plenty, nothing could be more pernicious and deftruétive to the 1327- public. Where the produce of a year, for inftance, falls fo far fhort,: as to af- ford full fubfiftance only for nine months, the only expedient for making it laft all the twelve, is to raife the prices, to put the people by that means on fhort allowance, and oblige them to fpare their food, till a more plentiful year. But in reality, the encreafe of prices is a neceffary confequence of {carcity ; and laws, inftead of preventing it, only encreafe the evil, by cramping and reftraining com- merce. The parliament accordingly, in the enfuing year, repealed their ordinance, which they had found ufelefs and burdenfome *. Tue prices afixed by the parliament are fomewhat remarkable : —Two pounds eight fhillings of our prefent money for the beft ox, not fed with corn: If fed with corn, three pounds twelve fhillings : A fat hog of two years old, ten fhillings : A fat weather unfhorn, a crown: If fhorn, three fhillings and fix-pence: A fat goofe, feven-pence halfpenny: A fat capon, fix-pence: A fat hen three-pence : Two chickens, three-pence: Four pigeons, three-pence: Iwo dozen of eggs, three-pence +. If we confider thefe prices, we fhall find, that butcher’s mear, in this time of great fcarcity, muft {till have been fold by the parliamentary ordinance, three times cheaper than our middling prices at prefent : Poultry fomewhat lower ; becaufe, being now confidered as a delicacy, it has rifen beyond its proportion. In the country places of Ireland and Scotland, where delicacies bear no price, poultry is at prefent as cheap, if not cheaper, than butcher’s meat. But the in- ference | would draw from the comparifon of prices is {till more confiderable: I fuppofe that the rates, affixed by parliament, were inferior to the ufual market prices in thofe years of famine and mortality of cattle; and that thefe commodities, in- ftead of a third, had really rifen to a half of the prefent value. But the famine at that time was fo confuming, that wheat was fometimes fold for above four pounds ten fhillings a quarter t, ufually for three pounds §; that is, confiderably above twice our middling prices. A certain proof of the wretched ftate of tillage in thofe ages. We formerly found, that the middling price of corn in that period was half of the prefent value; while the middling price of cattle was only an eighth part: We here find the fame immenfe difproportion in years of fcarcity. Ir may thence be inferred with certainty, that the raifing of corn was a {pecies of manufactory, which few in that age could practife with advantage: And there is reafon to think, that other manufactures more refined, were fold even beyond their prefent prices: At leaft there is a demonftration for it in the reign of Hen- # Walf. p. 107. + Rot. Parl. 7 Edw. If. n. 35, 36. Ypod. Neuft. p. soz. +t Murimuth, p. 48. Walfingham, p. 108, fays it rofe to fix pounds. §. Ypod, Neuft. p- soz. Trivet, cont. p. 18. *y " thi bi’ { tha ' : ] 7) a eI * 7 { 5 t rel } “4 ne iia : ie itt i} { Tie a ea bint} . i * i, Sahe t 2 » ht :) ) } i Bi | | t abd i i ‘Gg hiey ©} bib | : : 1) 5 } » ¢ } ' & i , 1) | r in 5 ‘a | 1 } } Ride ' eit ia. t ‘ «= | 1 i “ ' i 4 i e | ma 1 | ni J - Pay Tipe : ‘ +5 im Te i 1h it Saki ‘a ei eat ; Batt : heres tee ni) ) if 7 mas re nian @ - im} bea ine aes it 1 =) : EDWARD IL ~~ ry VII. from the prices affixed to fcarlet and other broad cloaths by aét of par- liament. During all thofe times, it was ufual for the princes and great nobili- ty to make fettlements of their velvet beds and filken robes, in the fame man- ner as of their eftates and manors*. In the lift of jewels and plate, which had belonged to the oftentatious Gavafton, and which the King recovered from the earl of Lancafter after the murder of that favourite, we find fome embroidered girdles, flowered fhirts, and filk waiftcoats >. It was afterwards one article of accufation againft that potent and opulent earl, when tried for his life, that he had purloined fome of thefe effects of Gavafton. The ignorance of thofe ages In manufactures, and efpecially 1 in tillage, is a clear proof that they were far from being populous. Aut trade and maxudtuanees indeed were then at a very lowebb. The only country in the northern parts of Europe, where they feem to have rifen to any tolerable degree of improvement, was Flanders. When Robert, earl of that coun- try, was applied to by Edward, and was defired to break of commerce with the Scots, whom Edward called his rebels, and reprefented as excommunicated on that account by the church, the earl replied, that Flanders was always confidered as common and free and open to all nations t. Tue petition of the elder Spenfer to parliament, complaining of the devafta- tion committed on his lands by the barons, contains feveral particulars, which are curious, and difcover the manners of the age §. He affirms, that they had ravaged fixty three manors belonging to him, and he makes his loffes amount to 46,000 pounds; that is, to 138,000 of our prefent money. Among other par- ticulars, he enumerates 28,00c fheep, 1000 oxen and heifers, 1200 cows with their breed for two ‘years, 560 cart horfes, 2000 hogs, together with 600 ba- cons, 80 carcafles of beef, and 600 muttons in the larder; ten tuns of cyder, arms for 200 men and other warlike engines and provifions. The plain inference is, that the greateft part of Spenfer’s vaft eftate, as well as that of the other no- bility, was farmed by the landlord himfelf, managed by his ftewards or bailiffs, and cultivated by his villains. Little or none of it was let on leafe to hufband- men: Its produce was confumed in ruftic hofpitality by the baron or his off- cers: A great number of idle retainers, ready for any diforder or mifchief, were maintained by him: All who lived upon his eftate were abfolutely at his difpo- fal: Inftead of applying to courts of juftice, he ufually fought redrefs by open force and violence: The great nobility were a kind of independant potentates, who, if they fubmitted to any regulations at all, were lefs governed by the mu- : iar + Rymer, vol. iii. p. 388. t Rymer, vol. ill. p: 770. § Brady’s hift. vol. ii. p. 143, from Clauf. 15. Edw. Il. M. 14. Dors. in cedala. Vou. II. x nicipal Chap. X1¥. 1327 e/ B54 HISTORY or ENGLAND. Chap. XIV, nicipal law, than by a rude fpecies of the laws of nations. The method in which 1.327. we find they treated the King’s favourites, and minifters, is a proof of their ufual way of dealing with each other. A party, which complains of the arbitrary con- du& of minifters, ought naturally to affect a great regard for the laws and con- ftitution, and maintain at leaft the appearance of juftice in their proceedings : Yet thefe barons, when difcontented, came to parliament with an armed force, conftrained the King to affent to their meafures, and without any trial or wit- nefs or conviction, pafled, from the pretended notoriety of facts, an aét of ba- nifhment or attainder againft the minifter, which, on the firft revolution of for- tune, was reverfed by like expedients. The parliament, during factious times, was nothing but the organ of prefent power. Tho’ the perfons of whom it was chiefly compofed, feemed to enjoy great independance, they really poffeffed no true liberty ; and the fecurity of each individual among them, was not fo much derived from the general protection of law, as from his own private power and that of his confederates. The authority of the monarch, tho’ far from abfolute, was very irregular, and might often reach him: The current of a faction mighy eafily overwhelm him: A hundred confiderations, of benefits and injuries, friend- fhips and animofities, hopes and fears, were able to influence his conduct; and amidit thefe motives a regard to equity and law and juftice was commonly, in thofe rude ages, of little moment. Nor did any man entertain thoughts of op- pofing prefent power, who did not deem himfelf {trong enough to difpute the field with it by force, and was not prepared to give battle to the fovereign or the ruling party. Berore I conclude this reign, I cannot forbear making another remark drawn from the detail of loffes given in by the elder Spenfer ; particularly the great quantity of falt meat which he had in his larder, 600 bacons, 80 carcaffes of ‘beef, 600 muttons, We may obferve that the outrage, of which he complains, began after the third of May, as we learn from the fame paper. It is eafy there- fore to conjecture what a-vaft ftore of the fame kind he moft have laid up at the beginning of winter; and we may draw a new conclufion with regard to the wretched ftate of the antient hufbandry, which could not provide any fubfiftance for the cattle during winter, even in fuch a temperate climate as the fouth of England: For Spenfer had but one manor fo far north as Yorkfhire. There being few or no inclofures, except perhaps for deer, no fown grafs, little hay, and no other refources for feeding cattle ; the barons, as well as the people, were obliged to kill and falt their oxen and fheep at the beginning of winter, before they became lean upon the common pafture: A precaution ftill practifed with re- gard to oxen in the leaft cultivated parts of this ifland. ‘The falting of mutton 4 is DEW ARS Bo th 155 is a’ miferable expedient which has every where been long difufed. From this cir- cumiftance, however trivial in appearance, may be drawn very important inferences, with regard to the domettic oeconomy and manner of life in thofe ages, Tue diforders of the times, from foreign wars and inteftine diffentions, but above all, the cruel famine, which obliged the nobility to difmifs many of their retainers, encreafed the number of robbers in the kingdom ; and no place was fe- cure from their incurfions *. They met in troops like armies, and over-ran.the country. ‘I'wo. cardinals, themfelves, the Pope’s legates, notwithftanding the numerous train which attended them, were robbed, and defpoiled of all their goods and equipage, when they traveled on the road +. Amonc the other wild fancies of the age, it was imagined; that the perfons affected with leprofy, a difeafe at that time very common, had con{pired with. the Saracens to poifon all the fprings and. fountains ; and men being glad ‘of any pretence to get rid of thofe who were a burthen. to them, many of thofe un- happy people were burnt alive for this chimerical imputation. Several Jews alfo were punifhed in their perfons, and their goods confifcated on the fame account a Tuts King left four children, two fons and two daughters ; Edward, his eld- eft fon and fucceflor; John, created afterwards earl of Cornwal, who died young. at Perth; Jane, afterwards married to David Bruce, King of. Scotland; and Eleanor. married to Reginald,. count of Gueldres. * Ypod. Neuft. p. 502. Walf. p. 107. + Ypod. Neuftr. p. 503. TT’. dela More, p. 594. ‘Erivet, cont, p.22. Murimuth, p.51. ft. Ypod.. Neuf. p..so4. X 2 Chak, Chap. XIV.. 13276 Chap. XV. F527. zoth Jan. W ar with Scotland. e/ 156 HISTORY of ENGLAND. We! y Gr Gan £ KV. ey WA RD UL. War with Scotland Execution of the earl of Kent Mortimer, earl of March State of Scotland kingdom King’s claim io the crown of France Preparations for war with France W ar Naval viétory Domefite difturban- Affairs of Britanny Renewal of the war with France Invafion of France Battle of Crecy War with Scotland—Cap- tivity of the King of Scots Calais taken. Execution of War with that ces HE violent party, which had taken arms againft Edward II. and finally depofed that unhappy monarch, deemed it requifite for their future fecu- rity to pay fo far an exterior obeifance to the law, as to demand a parliamentary indemnity for all their illegal proceedings; on account of the neceffity, which, it was pretended, they lay under, of employing force again{ft the Spenfers and other evil counfellors, the enemies of the kingdom. All the attainders alfo, which had paffed againft the earl of Lancafter and his adherents, when the chance of war turned againft them, were eafily reverfed during the triumph of their par- ty *; and the Spenfers, whofe fcrmer attainder had been reverfed by parliament, were now again, in this change o' fortune, condemned by the votes of their ene- mies. A council of regency was likewife appointed by parliament, confifting of twelve perfons; five prelates, the archbifhops of Canterbury and York, the bi- fhops of Winchefter, Worcefter, and Hereford ; and feven lay peers, the earls of Norfolk, Kent and Surrey, and the lords Wake, Ingham, Piercy, and Rofs. The earl of Lancafter was appointed guardian and protector of the King’s per- fon. But tho’ it was reafonable to expect, that, as the weaknefs of the former King had given reins to the licentioufnefs of the barons, great tranquillity would not prevail during the prefent minority; the firft difturbance arofe from the in- vafion of foreign enemies. _ Tue King of Scots, declining in years and health, but retaining ftill that mar- tial fpirit, which had raifed his nation from the loweft ebb of fortune, deemed * Rymer, vol. iv. p. 245, 257, 258) &c. : the the prefent opportunity favourable for infefting England: He firft made an at- Chay. xy 1327: tempt on the caftle of Norham, in which he vas difappointed ; he then colleéted an army of 25,000 men on the frontiefs, and having appointed the earl of Mur. ray and lord Douglas generals, threatened ai incurfion into the northern coun- ties. he Englifh regency, after trying in viin every expedient to reftore peace with Scotland, made vigorous preparations for war; and befides affembling an Englifh army of near fixty thoufand men, they invited back John de Hainaults and fome foreign cavalry, whom they had dfmiffed, and whofe difcipline and arms had appeared fuperior to thofe of their own country. Young Edward ‘himfelf, burning with a paffion for military fame, appeared at the head of thefe numerous forces; and marched from Durham, the appointed place of rende- vous, in queft of the enemy, who had already broke into the frontiers, and were laying every thing wafte around them with fire and fword. Murray and Douglas were the two mot celebrated warriors, bred in the long hoftilities between the Scots and Englifh; and their forces, trained in the fame fchool, and enured to hardfhips, fatigues, and dangers, were perfectly qua- lified, by their habits and manner of life, for that defultory and deftructive war, which they carried on againft the Englifh. Except a body of about 4000 ca- valry, well armed, and fit to make a fteady impreflidn in battle, the reft of the army were mounted on {mall horfes, which ‘ound fubfiftance every where, and carried them with rapid and unexpected march:s, whether they meant to commit depredations on the peaceable inhabitants, or :o attack an armed enemy, or to retreat into their own country. The whole equipage of the troops confifted of a bag of oat meal, which, as a fupply in cafe cf neceffity, each foldier carried be- hind him ; together with .a light plate of iror, on which he inftantly baked the oat meal into a cake, in the open fields. Bu: his chief fubfiftance was the cattle which he feized ; and his cookery was as exprditious as all his other operations. After fleaing the animal, he placed the fkin, loofe and hanging in the form of a bag, upon fome ftakes; he poured water intoit, kindled a fire below, and thus made it ferve as a cauldron for the boiling of lis viétuals *, Tue chief difficulry, which Edward met with, after compofing fome dangerous frays, which broke out between his foreign forces and the Englifh +, was to come up with an enemy, fo rapid in their marches, and fo little encumbered in their motions. Tho’ the flame and fmoke of burning villages directed him fufficiently to the place of their encampment, he found upon hurrying thither, that they had already diflodged; and he foon difcover:d, by new marks of devaflation, that they had removed to fome diftant quarter. After harraffing his army during * Froiffart, liv, 4. chap. 18. + Froifart, liv..a. chap. 17. fome- y / & 158 HISFORY or ENGLAND. Chap. XV. fome time in this fruitlefs chace, he advanced northwards, and croffed the Tyne, oo with a refolution of awaiting them on their return homewards, and taking ven- geance on them for all their depredations *. But that whole country was already fo much watted by their frequent incurfions, that it could not afford fubfiftance to his army ; and he was obliged again to return fouthwards, and change his plan of operations. He had now loft all tract of the enemy ; and tho’ he pro- mifed the reward of a hundred pounds a year to any one who fhould bring him an account of their motions, he remained unactive fome days, before he received any intelligence of them +. He found at laft, that they had fixed their camp on the fouthern banks of the Were, as if they intended to await a battle; but their prudent leaders had chofen the ground with fuch judgment, that the Englith, on their approach, found it impracticable, without temerity, to crofs the river: in their face, and attack them in their prefent fituation. Edward, impatient for revenge and glory, here fent them a defiance, and challenged them, if they dared, to meet him in an equal-field, and try the fortune of arms. The bold fpirit of Douglas could ill brook this bravade, and he advifed the acceptance of the chal-: lenge; but he was over-ruled by Murray, who replied to Edward, that he never: took the council of an enemy in any of his operations. ‘The King, therefores, kept ftill his pofition oppofite to them; and expected daily, that neceffity would. oblige them to change their quarters, and give him an opportunity of. over- whelming them with his fuperior forces. After a few days, they fuddenly de- camped, and marched farther up the river; but {till pofted themfelves in {uch a. manner, as to preferve the advantage of the ground, if the enemy fhould ven- ture to attack them t. Edward infifted, that all hazards fhould be run, rather than allow thefe ravagers to.efcape with impunity 5. but Mortimer’s authority pre- vented the affault, and oppofed itfelf to the valour of the young monarch, While. the armies lay in this pofition, an incident happened which had well nigh proved fatal to the Englifh, . Douglas, having got the word, and furveyed exactly the fituation of the Englifh campy, entered it fecretly in the night time, with a body. of two hundred determined foldiers, and advanced to the royal tent,. with a view of killing or carrying off the prince, in the midft of his whole army. But fome of Edward’s attendants, awaking in that critical moment, made refiftance; his chaplain and chamberlain facrificed their lives for his fafety ; the King himfelf after making a valiant defence, efcaped in the dark: And Douglas,. having loft the greateft part of his followers, was glad to make a hafty retreat with the re- mainder §, Soon after, the Scottifh army decamped without noife in the dead of * Froifiart, liv, 4. chap. 19. | + Rymer, vol. iv. p. 312. Froiffart, liv. 4. chap. 19. — }.Freif- fart, liv. 4. chap. 19. § Froiflart, liv. 4. chap, 19. Hemingford, p. 268. Ypod. Neuft ¥- 509. Knyghton, p. 2552. : night 3. Ss eee EoD OW ASR OD Os, 15% night ; and having thus got the ftart of the Englifh, arrived without farther lofs in their own country. Edward, on entering the place of the Scottifh encamp- ment, found only fix Englifhmen, whom the enemy, after breaking their legs, had tied to trees, in order to prevent their carrying any intelligence to their coun- trymen *, Tue King was highly incenfed at the difappointment, which he had met with, in his firft enterprize, and at the head of fo gallant anarmy. The fymptoms, which he had difcovered of bravery and fpirit, gave extreme fatisfaction, and were regarded as fure prognoftics of an illuftrious reign: But the general difplea- fure fell violently on Mortimer, who was already the object of public odium : And every meafure which he purfued, tended to ageravate, beyond all bounds, the hatred of the nation both dgainft him and Queen Ifabella. WueEn the council of regency was formed, Mortimer, tho’ in the plenitude of his power, had taken no care to enfure a place in it; but this femblance of moderation was only 2 cover to the moft exorbitant and moft ambitious projeds. He rendered that council entirely ufelefs by ufurping to himfelf the whole fove- reign power ; he fettled on the Queen-dowager the greater part of the royal re- venues ; he never confulted either the princes of the blood or the other noblemen in any public meafure; the King himfelf was fo befieged by his creatures, that no accefs could be procured to him; and all the envy, which had attended Gava- {ton and Spenfer, fell much more defervedly on this new favourite. Mortimer, fenfible of the growing hatred of the people, thought ir requifite, On any terms, to fecure peace abroad; and he entered into a negociation with Robert Bruce for that purpofe. As the claim of fuperiority in England, more than any other caufe, had tended to inflame the animofities between the two nations, Mortimer confented to refign abfolutely this pretenfion, to give up all the homages done by the Scottifh parliament and nobility, and to acknowledge Robert as fovereign of Scotland +. In return for thefe mighty advantages, Ro- bert only ftipulated the payment of 30,000 marks to England. This treaty was ratified by parliament {, but was neverthelefs the fource of great difcontent among the people, who, having entered zealoufly into the pretenfions of Edward I. and deeming themfelves difgraced by the fuccefsful refiftance of fo inferior a nation, were difappointed by this treaty, in all future hopes both of conqueft and of vengeance. Tue princes of the blood, Kent, Norfolk, and Lancafter, were very much united in their councils; and Mortimer entertained great fufpicions of their de_ * Froiffart, liv. 4. chap. 109. + Rymer, p. 337. Heming. p, 270, Anon, Hift, p. 392. t Ypod. Neuf, Pe 510. fions Chap. XV, 1328. ¥320- oth March. Execution of the earl of Kent. 160 WISTORY or ENGLAN D. fiens againft him. In-fummoning them to parliament, he ftriétly prohibited them, in the King’s name, from being attended with an armed force, an illegal but ufual practice in that age. The three earls, as they approached to Salifbury, the place appointed for the meeting of parliament, found, that, tho’ they them- felves, in obedience to the King’s command, had brought only their ufual re- tinue along with them, Mortimer and his party were attended with all their fol- lowers in arms; and they began with fome reafon to apprehend a dangerous de- fien againft their perfons. They therefore retreated, afflembled their retainers, and were returning with an army to take vengeance on Mortimer, when the weaknefs of Kent and Norfolk, who deferted the common caufe, obliged Lan- cafter alfo to make his fubmiffions *. The quarrel, by the interpofition of the prelates, feemed for the prefent to be appeafed. Pur Mortimer, in order to intimidate the princes, determined to have a vic- tim; and the fimplicity, with the cood intentions of the earl of Kent, afforded him foon after an opportunity of pratifing upon him, By himfelf and his emif- faries, he endeavoured to perfuade that prince, that his brother, King Edward, was {till alive, and concealed in fome fecret prifon in England. ‘The earl, whofe remorfes for the part which he had acted againft the late King, probably inclin- ed him to give credit to this intelligence, entered into a defign of reftoring him to liberty, of re-inftating him on the throne, and thereby of making fome com- penfation for the injuries, which he had unwarily done him. After this inno- cent contrivance had been allowed to proceed a certain length, the earl was feized by Mortimer, was accufed before the parliament, and condemned by thefe flav- ifh, tho’ turbulent barons, to lofe his life and fortune. The queen and Morti- mer, apprehenfive of young Edward’s lenity towards his uncle, hurried on the xecution, and the prifoner was beheaded next day: But fo general was the af- fetion borne the earl, and fuch pity prevailed for his hard fate, that, tho’ peers had been eafily found, to condemn him, it was evening before his enemies could find-an executioner to perform the office f. Tue earl of Lancafter, on pretence of his affent to this con{fpiracy, was foon after thrown into prifon: Many others of the prelates and nobility were profe- cuted: Mortimer employed this engine to crufh all his enemies, and enrich him- felf and his family by the forfeitures. The eflate of the earl of Kent was feized for his younger fon, Geoffrey : The immente fortunes of the Spenfers and their adherents were moftly converted to his own ufe: He affected a {tate and dignity My. Be ~ A t Cotton’s Abridg. p, 85, 86, Vou. II. i's the Chap. XV. Execution of Mortimer. zg Novemb. a HISTORY or ENGLAND. Chap. XV. the return of his credit, or that of his friends, to ferve as a reafon of pretence for its reverfal. Justice was alfo executed by a fentence of the houfe of peers, on fome of the inferior criminals, particularly on Simon de Bereford: But the barons, in that cafe, entered a proteft, that, tho’ they had tried Bereford, who was none of their peers, they fhould not for the future be. obliged to receive any fuch indi&ment. The Queen was confined to her own houfe at Rifings near London: Her revenue was reduced to 4000 pounds a year*: And tho’ the King during the remainder of her life, paid her a decent vifit one or twice a year, fhe never was able to re- inftate herfelf in any credit or authority. Epwarp, having now taken the reins of government into his own hands, ap- plied himfelf; with induftry and judgment, to redrefs all thofe grievances, which had either proceeded from want of authority in the crown, or from the late abufes of it. He iffued writs to the judges, enjoining them to adminifter juftice, without paying any regard to arbitrary orders from the minifters: And as the robbers, thieves, murderers, and criminals of all kinds, had, during the courfe of public convulfions, multiplied to an enormous degree, and were openly pro- tected by the great barons, who made ufe of them againft their enemies, the King, after exacting from the peers a folemn promife in parliament, that they would break off all connexion with fuch malefactors+, fet himfelf in earneft to remedy the evil. Many of thefe gangs had become fo numerous, as to require his own prefence to diffipate them, and he exerted both courage and induftry in executing this falutary office. The minifters of juftice, from his example, employed the utmoft diligence in difcovering, purfuing, and punifhing the criminals ; and this diforder was by degrees corrected, or at leaft palliated; the utmoft that could be expected with with regard to-a difeafe, inherent in the conftitution. In proportion as the government acquifed-authority at home, it became formid- able to the neighbouring nations; and the ambitious fpirit of Edward fought, and s foon found, an opportunity of exerting itfelf. The wife and valiant Robert State of Seot- ‘ rae Band, Bruce, who had recovered by arms the independency of his country, and had fixed it by thelaft treaty of peace with England, foon after died, and left David his fon, a minor, under the guardianfhip of Randolf, earl of Murray, the companion of all his victories. It had’been ftipulatedin this treaty, that both the Scotith no- bility, who before the commencement of the wars, enjoyed lands in Eingland, and the Englifh who inherited eftates in Scoiland, fhould be reftored to their {e- * Coetten’s Abridg. p. ro. + Cotton’s Abride. veral i Bowe AR: DPE 163 veral poffeffions*: But tho’ this article had been executed pretty regularly on Chap. XV. the part of Edward, Robert, who faw the eftates claimed by Englifhmen much 133! more numerous and valuable than the other, either efteemed it dangerous to ad- mit fo many fecret enemies into the kingdom, or found it difficult to wreft from his own followers the poffeffions beftowed on them as the reward of their fatigues and dangers: and he had protracted the performance of his part of the ftipufa- tion. The Englifh nobles, difappointed in their expectations, began to think of a remedy ; and as their influence was great inthe north, their enmity alone, even tho’ unfupported by the King of England, became dangerous to the minor prince, who fucceeded to the Scottifh throne. Epwarpb Batiot, the fon of that John, who was crowned Kirg of Scot- land, had been detained fome time a prifoner in. England after his father was releafed ; but having alfo obtained his liberty, he went over to France, and lived in Normandy, on his patrimonial. eftate in that country, without any thoughts of reviving the claims of his family upon the crown of Scotland. His pretenfions, however plaufible, had been fo ftrenuoufly abjured by the Scots, and rejected by the Englifh, that he was entirely regarded as a private perfon ; and he had been thrown into prifon on account of fome private offence again{t the laws, of which he was accufed. The lord Beaumont, a great Englith baron, who in the right of his wife claimed the earldom of Buchan in Scotland +, found him in this fituation; and deeming him a proper inftrument for his pur- pofe, made fuch intereft with the King of France, who was not aware of the con- fequences, that he recovered him his liberty, and brought him over with him into England. Tue injured nobles, poffeffed of fuch a head, began now to think cf vindi- cating their rights by force of arms; and they applied to Edward for his concur- rence and affiftance. But there were feveral reafons, which deterred the King from openly avowing their enterprize. In his treaty with Scotland, he had en- tered into a bond of 20,c60 pounds, payable to the Pope, if within four years he violated the peace; and as the term was not yet elapfed, he dreaded the exact- ing of that penalty, by the fovereign pontiff, who poffefled fo many means of forcing him to make payment. He was alfo afraid, that violence and injuftice would every where be imputed to him, if he attacked with fuch fuperior force a minor King, and a brother-in-law, whofe independant title had fo lately been acknow- ledged by a folemn treaty. And as the regent of Scotland, on every demand which had been made, of reftitution to the Englifh barons, had always confefied E332; * Rymer, vol. iy. 384. + Rymer, vol. iv. p. 251. b the Chap. XV. 133% 164 HISTORY or ENGLAND. the juftice of their claim, and had only given an evafive anfwer, grounded on plaufible pretences, Edward refolved not to proceed to.open violence, but to em- ploy like artifices acainft him. He fecretly encouraged Baliol in. his enterprize ;. connived at his aflembling forces in the north ; and gave countenance to the no- bles, who were difpofed to join in the attempt. A force of near 2500. men was. snlifted under Baliol, by Umfreville earl of Angus, the lords Beaumont, Ferrers,. Fitz-warin, Wake, Stafford, Talbor, and Moubray. And as thefe adventurers. apprehended that the frontiers would be ftrongly armed and guarded, they re- folved to make their attadic by fea; and having embarked at Ravenfpur, they. reached in a few days the.coaft of Fife. ScorLanp. was at prefent in a very different fituation from that in which it had appeared under the victorious Robert.. Befides the lofs of that great monarch, whofe genius and authority preferved entire the whole political fabric, and main-- rained an union among the unruly barons, lord Douglas, impatient of reft, had gone over to Spain in a crufade againft the Moors, and: had there perifhed in battle *: The earl of Murray, who had been long declining in age and infirmi- ties, had lately died, and had been fucceeded in the regency by Donald earl of Marre, a man of much inferior talents: “The military fpirit of the Scots, tho’ ftill unbroken, was left without a proper guidance and direction: And’a minor King: | feemed ill qualified to defend an inheritance, which it had required all the con- fummate valour and abilities of his father to acquire and maintain. But as the Scots were apprized of the intended invafion, great numbers, on the appearance. of the Englith fleet, immediately ran to the fhore, in order to prevent the land- ing of the enemy. Baliol had valour and aétivity, and he repulfed the Scots: with a confiderable lofst. He marched weftward into the heart of the country 5. flattering mmlelf that the ancient partizans of his family would declare for him.. But the fierce animomry; which had been kindled between the two nations, 1n- fpiring the Scots with a (trong premdice againft a prince who was fupported by. the Englifh, he was resarded as a common eneny 5 and the regent found no difficulty in affembling a great army Co oppofe him, “its pretended, that Marre hid no lefs than 40,000 men under his ftandard ;. but the fame hurry:and impa- tience, that made him collect a force, which from its greatnefs was fo difpro- portioned to the occafion, rendered all his motions unfkilful and imprudent, The river Erne ran between the two armies; and the Scots, confiding in that fecu- rity, as well as in their great fuperiority of numbers, kept no order in their en- rith Auguft. campment. Baliol pafied the river in the night time; attacked the unguarded ® Frojffart, liv. 1. chap, xXi. 4 Heming. p. 272. Walling. p. 131. Knyghton, p. 2560, and Beep Wok oR Des BR 165 and undifciplined Scots ; threw them into confufion, which was encreafed by the darknefs and by their very numbers to which they trufted; and he beat them off the field with great flaughter *. But in the morning, when the Scots were at fome diftance, they were afhamed of having yielded the victory to fo weak a foe, and they hurried back to recover the honour of the day. Their eager pafflions carried them precipitately to battle, without regard to fome broken ground, which lay between them and the enemy, and which dilordered and confounded their ranks. Baliol feized the favourable opportunity, advanced his troops upon them, prevented them from rallying, and chaced them anewc the field with redoubled flaughter. There fell above 12,000 Scots in this acticn; and among thefe the flower of their nobility ; the regent himfelf, the earl ox Carric, a natural fon of their late King, the earls of Athole and Monteith, the lord Hay of Errol, con- ftable, and the lords Keith and Lindfey. The lofs of the Englifh {carce ex- ceeded thirty men; a ftrong proof, among many others, of the miferable ftate- of military difcipline in thofe ages +. Batiort foon after made himfelf mafter of Perth; but ftill was: net able to. bring over any of the Scots to his party. Patric Dunbar, ear} of Marche, and Sir Archibald Douglas, brother to the lord of that name, appeared at the head of the Scottifh armies, which amounted {iu to near 40,000 men; and they propofed to reduce Baliol and the Englifh by famine. They invefted Perth by land ; they collected fome vefitls with which they blockaded it by water: But Baliol’s fhips attacking the Scottifh fleet, gained a compleat victory over them s and opened the communication to Perth by fea =. It then behoved the Scots ar- mies to difperfe themfelves for want. of pay and fubfiftance: The nation. wag in effect fabdued by a handful-of men: Each nobleman, who found himfelf moft expofed to danger, fucceffively fubmitted to Baliol: That prince was crowned King at Scone: David, his competitor, was: fent-over to France with his be- trothed wife, Jane, fifter to Edward ; And the heads ef his party fued to Baliol for a truce, which he granted thém, in ordér to affemble a parliament in’ tran- quillity,. and have his title recognized by. the whole Scottifh nation, Bur Baliol’s imprudence or his neceffities making him difmifs the createft part of his Enghth followers, he was, notwithftanding the truce, attacked of a fudden near Annan by Sir Archibald Douglas, and other chieftains of that party ; he was routed ; his brother John Baliol was flain; he himfelf was chaced into England ina: * Knyghton, p. 2561. + Heming, p. 273. Walfingham, p.131. Knyghton, p. 2561; t Heming. p. 273. Kryghton,.p, 2561. miferable Chap. XV. 133 2 27th Septr, 1333» Chap. XV. 1333+ War with Scotland, oy. . 166 His TOR ¥ /or ENGL AND. 42 iN miferable condition; and thus loft his kingdom by a revolution as quick as that by which he had acquired it. Wuite Baliol enjoyed his fhort liv'd and precarious royalty, he had been fen- fible, that without the protection of England, it would be impoffible for him to maintain poffeffion of the throne ; and he had -fecretly fent a meflage to Edward, offering to acknowledge his fuperiority, to renew the homage for his crown, and to efpoufe the princefs Jane, if the Pope’s confent could be obtained, for dif- folving her former marriage, which was not yet confummated. Edward, ambi- tious of recovering that important facrifice, made by Mortimer during his mino- rity, threw offall feruples, and willingly accepted the offer ; but as the dethrone- ment of Baliol had rendered this conceffion of no effect, the King prepared to re-inftate him in poffeffion of the crown; an enterprize, which appeared from late experience fo eafy and fo little hazardous. As he pofiefied many popular arts, he confulted his parliament on this occafion ,; but that aflembly, finding the refolution already taken, declined giving any opinion, and only fupplied him, in order to fupport the enterprize, .with an aid of a fifteenth, from the perfonal ef- tates of the nobility and gentry, and a tenth of the moveables of boroughs. And they added a petition, that the King would thenceforth live of his own, without grieving his fubjects by il’egal taxes, or by the outrageous feizure of their goods in the fhape of purveyance *. As the Scots expected, that the chief brunt of the war would fall upon Ber- wic, Douglas, the regent, threw a ftrong garrifon into that place under the com- mand of Sir William Keith, and he himfelf aflembled a great army on the fron- tiers, ready to penetrate into England, fo foon as Edward fhould have invefted that fortrefs. The Englifh army was lefs numerous; but better fupplied with arms and provifions, and retained in ftricter difcipline ; and the King, notwith- ftanding the valiant defence of Keith, had in two months time reduced the gar- rifon to extremity, and had obliged them to capitulate. “They engaged to fur- render the place, if they were not relieved within a few days by their country- men +. This intelligence, being conveyed to the Scottifh army, which was pre- paring to invade Northumberland, changed their whole plan of operations, and en- gaged them to advance towards Berwic, anc attempt the relief of that important place. Douglas, who had ever propofed to decline a pitched battle, in which he was fenfible of the enemy’s fuperiority, and who intended to have drawn out the war by fmall fkirmifhes, and by mutually ravaging each others country, was forced, by the impatience of his troops, to put the whole fate of the kingdom upon the * Cotton’s Abridgm, + Rymer, vd.iv. p. 564, 565, 566. event EDWARD UWL 167 event of one day. He attacked th: Englifh at Halidown-hill, a little north of Berwic; and tho’ the Scottifh Gensdarmes difmounted from their horfes, in or- der to render the action more fteady and defperate, they were received with fuch valour by Edward, and were fo galled by the Englith archers, that they were foon thrown into diforder, and on the fall of Douglas, their general, were put to abfolute rout. The whole army fed in confufion, and the Englifh, but much more the Irifh, gave little quarter in the purfuit: All the nobles of chief diftinc- tion were either flain or taken prifoners: Near thirty thoufand of the Scots fell in the action: While the lofs of the Englifh amounted only to one knight, one efquire, and thirteen private foldiers: An inequality almoft incredible *. Arter this fatal blow, the Scoitifn nobles had no other refource but inftane fubmiffion; and Edward, leaving aconfiderable body with Baliol to complete the conqueft of the kingdom, returned with the remainder of his army into Eng- land. Baliol was acknowledged Kirg by a parliament affembled at Edinburgh + ; the fuperiority of England was again recognized; many of the Scots nobility {wore fealty to him; and to complezt the misfortunes of that nation, Baliol ceded to Edward Berwic, Dunbar, Roxtorough, Edinburgh, and all the fouth-eaft counties of Scotland, which were diclared to be for ever annexed to the Englith monarchy f. Ir Baliol, on his firft appearance, was dreaded by the Scots, as an inftrument employed by England for the fubje¢ion of the kingdom, this deed confirmed all their fufpicions, and rendered him the object of univerfal hatred. Whatever fub- millions they might be obliged to mcke, they confidered him, not as their prince, but as the delegate and confederate of their determined enemy; and neither the manners‘of the age, nor the ftate of Edward’s revenue permitting him to main- tain a conftant ftanding army in Scotland, the Englifh forces were no fooner withdrawn, than the Scots revolted againift Baliol, and returned to their former allegiance under Bruce. Sir Andrev Murray, appointed regent by the party of this latter prince, employed with iccefs his valour and aétivity in many {mall but decifive actions againft Baliol; and in a fhort time had almoft wholly expel- led him the kingdom. Edward wis obliged again to affemble an army and to march into Scotland: The Scots, tanght by experience, withdrew into their hills and faftnefles: He deftroyed the houfes, and ravaged the eftates of thofe whom he called rebels: But this confirm:d them ftill farther in their obftinate anti- / * Heming. p. 275, 276, 277. Knyghtin, p. 2559. Otterborne, p. 115. + Rymer, vol..iv. .p. 590. t Rymer, vol, iv. 4. 614. . pathy Chap. XV. 1333- igth July. 1335¢ Chap. XV. 1336. 1337+ King’s claim to the crown ef France. ij ; : i H } - ' ae = a) Bt: B34 ,, i t TR} a ; 4 i | at + 1 oad i] tt | ! +8) ae tive + tl Mh { 1 i | i: ! ti 1 li 1} i} Hy : ' al : | ; ' - he : ca i - i | : He ae ae Ah 4 a - yeaa Wik : ' uv t thh } ite it \ | Ha fy, : | HS aH Aiea) Mit) tay Ry i} } ne At! ; iP : : : i a ; ah 4 gd oi a a : ; ry : i 24 aii } | , ‘| i) al = —_— === == — anaptieeinealiins eee = =3 —— ss: =o e . Me ie CJ 268 WeSi.Oo KY for. EN-GLAN D. pathy to Fnoland and to Baliol; and being now rendered defperate, they were nglat ready to take advantage, on the firft opportunity, of the retreat of their enemys and they foon re-conquered their country from the Englifh. Edward made anew his appearance in Scotland with like fuccefs: He found every thing hoftile in the t ; ‘ : kingdom, except the {pot on which he was encamped : And tho’ he marched un- oO * . ’ . o bed controuled over all the low countries, the nation itfelf was farther than ever from being broken and fubdued. Befides being fupported by their pride and anger, paffions difficult to tame, they were encouraged, amidft all their calamities, by daily promifes of reliei from France; and as-a-war was now likely to break out between that kingdom and England, they had reafon to expect from this incident a great diverfion of that force, which had fo long oppreffed and overwhelmed them. Wer now come to a tranfaction, on which depended the moft memorable events, not only of this long and active reign, but of the whole Englifh and Prench hifto- ry,.during more than a century ; and it will therefore be neceffary to give a par- ticular account of the fprings and caufes of it. It had long been a prevailing opinion, that the crown of France could never defcend to females; and as na- tions, in accounting for principles, which they regard as fundamental and as pe- culiar to themfelves, are fond of grounding them rather on primary laws, than on blind cuftom, it had been ufual to derive this maxim from aclaufe in the Sa- lian Code, the law of an antient tribe among the Franks ; tho’ that claute, when ftriétly examined, carries only the appearance of favouring this principle, and does not really, by the confeffion of the beft critics, bear the fenfe commonly impofed upon it. But tho’ pofitive law feems wanting among the French for the exclufion of females, the practice had prevailed; and the rule was eftablifhed beyond controverfy on fome antient as well as fame modern precedents. During the firft race of the monarchy, the Franks were fo rude and barbarous a people, that they were incapable of fubmitting to a female reign ; and in that period of their hiftory, there were frequent inftances of kings advanced to royalty in prejudice of females, who were related to the crown by nearer degrees of confanguinity. Thefe precedents, joined to like caufes, had alfo eftablifhed the male fucceffion tn the fecond race: and tho’ the inftances were neither fo frequent nor fo certain during that period, the principle of excluding the female line feems full to have prevailed, and to lave directed the conduct of the nation. During the third race, the crown had defcended from father to fon for eleven generations, from Hugh Capet to Lewis Hutin; and thus, in faét, during the courfe of nine hundred years, the French eases always been governed by males, and ? n Q ED W AR D It. ‘65 no female and none defcended of females had ever mounted the throne. Philip Chap. XV the Fair, father of Lewis Hutin, left three fons, this Lewis, Philip the Long, = 1337: and Charles the Fair, and one daughter, Ifabella, Queen of England. Lewis Hutio, the eldeft, left at his death one daughter, by Margaret fifter to Eudes, duke of Burgundy; and as his Queen was then pregnant, Philip, his younger brother, was appointed regent, till it fhould appear whether the child fhould prove a fon or adaughter. Her iffue proved male, but lived only a few days: Philip was pro- claimed King : And as the duke of Burgandy made fome oppofition, and afferted the rights of his niece, the ftates of the kingdom, by a folemn and deliberate de- cree, gave her the exclufion, and declared all females for ever incapable of fuc- ceeding to the crown of France. Philip died after a fhort reign, leaving three daughters; and his brother, Charles, without difpute or controverfy, then fuc- ceeded to the crown, The reign of Charles was alfo fhort: He left one daugh- ter; but as his Queen was pregnant, the next male heir was appointed regent, with a declared right of fucceffion, if the iffue fhould prove female. This prince was Philip de Valois, coufin german to the deceafed King; being the fon of Charles de Valois, brother of Philip the Fair. The Queen of France was deliver- ed of a daughter: The regency ended; and Philip de Valois was unanimoufly placed on the throne of France, Tue King of England, who was at that time a youth of fifteen years of age, embraced a notion that he was intitled, in right of his mother, to the fucceffion of the kingdom, and that the claim of the nephew was preferable to that of the coufin german. There could not well be conceived a notion weaker or worfe grounded. The principle of excluding females was of old an eftablifhed opinion in France, and had acquired equal authority with the moft exprefs and pofitive “ law: It was fupported by antient precedents: It was confirmed by recent inftan- ces, folemnly and deliberately decided: And what placed it {till farther beyond controverfy ; if Edward was difpofed to queftion its validity, he thereby cut off his own pretenfions ; fince the three laft Kings had a'l left daughters, who were {till alive, and who iteod before him in the order of fucceffion. He was there- fore reduced to affert, that, tho’ his mother, Ifabella, was, on account of her fex, incapable of fucceffion, he himfelf, who inherited thro’ her, was liable to no fuch objection, and might claim by the right of propinquity. But, befides thar this pretenfion was more favourable to Charles, King of Navarre, defcended from the daughter of Lewis Hutin, it was fo contrary to the eftablifhed principles of fuccef- fion in every country of Europe *, was fo repugant to. the practice both in private and public inheritances, that no body in France thought of Edward’s right: Phi- al Froiffart, hiv. = char. iv, Vor. Il. Z | lip’s lip’s title was u mo His 2 O hiv ENGLAND. iniverfally recognized and acknowledged*: And he never imagined, that le had a competitor; much lefs, fo formidable a one as the King of England. Bur tho’ the youthful and ambitious mind of Edward had rafhly entertained this notion, he did not think proper to infift on his ‘pretenfions, which muft have ‘mmediately involved him, on very unequal terms, in a dangerous and impla- cable war with fo powerful a monarch. Philip was a prince of mature years, of great experience, and at shat time of an eftablifhed charaéter both for prudence and valour; and by thefe circumftances, as well as by the union of his people, and their acquiefcence in his undoubted right, he poffeffed every advantage over a raw youth, newly raifed, by injuftice and violence, to the government of the moft intractable and moft turbulent fubjects in Europe. But there immediately occurred an incident, which required, that Edward fhould either openly declare his pretenfions, or for ever renounce and abjure them. He was fummoned to do homage for Guienne : Philip was preparing to compel him by force of arms : That country was in a very bad ftate of defence: And the forfeiture of fo rich an inheritance was, by the feudal law, the immediate confequence of his refufing or declining to perform the duty of a vaffal. Edward therefore thought it pru- dent to fubmit to prefent neceflity - He went over to Amiens: Did homage to Philip: And as there had arifen fome controverfy concerning the terms of this fobmiffion, he afterwards fent over a formal deed, in which he acknowledged that he owed liege homage to France +; which was in effect ratifying, and that in the ftrongeft terms, Philip’s title to the crown of that kingdom. His own claim indeed was fo unreafonable, and fo thoroughly difavowed by the whole French nation, that to infift on it was no better than to pretend to the en- tire conqueft of the kingdom, and it is probable that he would never have far- ther thought of it, had it not been for fome incidents, which excited an animo- fity between the two monarchs. Rozertr p’Arrors was defcended of the royal blood of France, was a man of great character and authority, had efpoufed Philip’s fifter, and by his birth, talents, and credit was entitled to make the higheft figure, and to fill the moft important offices, in the monarchy. This prince had loft the county of Artois, which he claimed as his birthright, by a fentence, commonly deemed iniquitous, of Philip the Fair; and he was feduced to attempt the recovering poffeffion by an action, fo unworthy of his rank and character as a forgery {. The detection of this crime covered him with fhame and confufion: His brother-in-law not tT * Froiffart, liv. 1 chap. 22% + Rymer, vol. iv. p. A775 431. Froifflart, liv. I, chap. 256 Anor. Hit. p. 394. Wallfingham, p. 130. Murimuth, p. 73. { Froiffart, liv 1. chap. 29. only Be DAW: WA CR. sD dl. 17% / only abandoned him, but profecuted him with violence: Robert, incapable of Chap. xv. bearing difgrace, left the kingdom, and hid himfelf in the Low Countries : Being 1337. chaced from that retreat, by the authority of Philip, he came over to England ; in fpite of the French King’s menaces and remonftrances, he was favourably re- ceived by Edward *; and was foon admitted into the councils, and fhared the confidence of that monarch. Abandoning himfelf to all the movements of rage and defpair, he endeavoured to revive the prepoffeffions entertained by Edward in fa- vour of his title to the crown of France; and even flattered him, that it was not impofiible for a prince of his valour and abilities, to render. his claim effectual. The King was the more difpofed to hearken to fuggeftions of this nature, becaufe he had, in feveral particulars, complaints again{t Philip’s conduct with regard to Guienne, and becaufe that prince had both given protection to the exiled David Bruce, and fupported, or at leaft encouraged the Scots in their ftruggles for inde- pendancy. Thus refentment gradually filled the breafts of both the monarchs, and made them incapable of hearkening to any terms of accommodation, propofed by the Pope, who never ceafed interpofing his good offices between them. . Philip thought, that he would be wanting to the firft principles of policy, if he aban- doned Scotland: Edward pretended, that he muft relinguifh all pretenfions to generofity, if he withdrew his protection from Robert d’Artois. ‘The former, informed of fome preparations for hoftilities, which had been made by his rival, iffued a fentence of felony and forfeiture againft Robert d’Artois, and declared, that every vaflal of the crown, whether within or without the kingdom, who gave countenance to that traitor was involved in the fame fen- tence; a menace eafy to be underftood: The latter, refolute not to yield, endea- voured to form alliances in the Low Countries and on the frontiers of Germany, the only places from which he either could make an effectual attack upon France, or produce fuch a diverfion as might fave the province of Guienne, which lay fo much expofed to the power of Philip. Tue King began with opening his intentions to the count of Hainault, his fa- Prepicatsainl ther-in-law; and having engaged him in his interefts, he employed the good offi- for war with ces and councils of that prince in drawing into his alliance the other fovereigns of semegks that neighbourhood. The duke of Brabant was induced, by his mediation, and by large remittances of money from England, to promife his concurrence }: The archbifhop of Cologn, the duke of Guelders, the marquis of Juliers, the count of Namur, the lords of Fauquemont and Baquen, were engaged by like motives to embrace the Enelifh alliancet. Thefe fovereigns could fupply, €i- ther from their own ftates or from the bordering countries, great numbers of war- * Rymer, vol. iv, p, 747+ Froiffart, liv. 1. chap. 27. + Rymer, vol iv. p. 777. t Froiffart, liv. iv. chap. 29, 33, 36. | 2 like Chap. XV. 3376 172 His TO Rx oF ENG LAN D. / like troops; and nought was wanting to make the force on that quarter very for- midable but the acceffion of Flanders; which Edward procured by means fome- what extraordinary and unufual. As the Flemings were the firft people in the northern parts of Europe, who cultivated arts and manufactures, the lower ranks of men in that province had rifen to a degree of riches unknown elfewhere to thofe of their ftation in that barba- sous age, had acquired privileges and independance, and began to emerge from that ftate of vaflalage, or rather of flavery, ‘nto which the common people had been univerfally thrown by the feudal ‘nftitutions. It was probably difficult for them to bring their fovereign and their nobility to conform themfelves to the principles of law and civil government, fo much neslected in every other country : It wasim- poffible for them to confine themfelves within the proper bounds in their oppo- ftion and refentment againft any inftance of tyranny : They had rifen in tumults: Had infulted the nobles : Had chaced the earl into France: And delivering them- {elves over to the guidance of a feditious leader, had practifed all thofe infolences and diforders, which the thoughtlefs and enraged populace are fo much inclined to commit, wherever they are fo unfortunate as to be their own matters *. Tueir prefent leader was James d’Arteville, a brewer in Ghent, who govern- ed them with a more abfolute fway than ever had been affumed by any of their lawful fovereigns: He placed and difplaced the magiftrates at his pleafure : He was accompanied with a guard, who on the leaft fignal from him, inftantly affaffinated any man who happened to fall under his difpleafure: All the cities of Flanders were full of his fpies; and it was immediate death to give him the {malleft umbrage: The few nobles, who remained in the country, lived ‘a continual terror of his violence: He feized the eftates of all thofe whom he had either banifhed or murdered; and beftowing a part on their wives and chil- dren, converted the remainder to his own ufe+. Such were the firft effects, which Europe faw, of popular violence ; after having groaned, during fo many centuries, under monarchical and ariftocratical tyranny. James p’ARTEVILLE was the man, to whom Edward applied himfelf for bring- ing over the Flemings to his intereft ; and that prince, the moft haughty and moft afpiring of his age, never courted any ally with fo much affiduity and fo many fubmiffions, as he employed towards this feditious and criminal mechanic. D’Arteville, proud of thefe advances from the King of England, and fenfible, that the Flemings were naturally inclined to maintain connexions with the En- lifh, who furnifhed them the materials of their woollen manufactures, the chief * Froiflart, liv. i, chap. 30, Meyerus. 4 Froiffart, liv. i. chap. 30. 8 fource PD Wea. Rp Ae a ’ wt fource of their opulence, readily embraced the interefts of Edward, and invited him over into the Low Countries; Edward, before he entered on this great en- terprize, affected to confult his parliament, afked their advice, and obtained their confent *. And the more to ftrengthen his hands, he obtained from them a grant of 20,000 facks of wool; which might amount to above a hundred thoufand pounds: This wool was a good inftrument to employ with the Flemings; and the price of it with his German allies. He compleated the other neceffary fums by loans, by pawning the crown jewels, by confifcating or rather robbing at once all the Lombards, who now exercifed the invidious trade, formerly monopolized by the Jews, of lending on intereft +; and being attended with a body of Englith forces, and with feveral of his nobility, he failed over into Flanders. : Tue German princes, in order to juftify their unprovoked hoftilities againf France, had required the fanction of fome legal authority ; and Edward, that he might give them fatisfaction on this head, had applied to Lewis of Bavaria, then emperor, and had been created by him vicar of the empire; an empty title, but which feemed to give him a right of commanding the fervice of the princes of Ger- many {. The Flemings, who were vaflals of France, pretending like fcruples with regard to the invafion of their liege Jord ; Edward, by the advice of d’Ar- teville, aflumed, in his commiffions, the title of King of France, and, by virtue of this right, challenged their affiftance for dethroning Philip de Valois, the ufurper of his kingdom §. This ftep, which, he feared, would deftroy all fu- ture amity between the kingdoms, and beget endlefs and implacable jealoufies in France, was not taken by him without much reluctance and hefitation: And as it was not in itfelf very juftifiable, it was in the iffue attended with many mile-— ries to both nations. _ From this period we may date the commencement of that great animofity, which the Englifh have ever fince borne to the French, which has fo vifible an influence on all future tranfactions, and which has been, and continues to be the fpring of many rafh and precipitate refolutions among them. In all the preceding reigns fince the conqueft, the hoftilities between the two crowns had been only cafual and temporary; and never being attended with any bloody or dangerous events, the traces of them were .eafily obli- terated by the firft treaty of pacification, The Englifh nobility and gentry va- lued themfelves on their French or Norman extraction: They affected to employ the language of that country in all public tranfactions, and even in familiar con- verfation: And as both the Englifh court and camp were always full of nobles, who came from fome province or other of France, the two people were during * Cotton’s Abridg, + Dugd. Baron, vol, ii, p, 146. t Froiffart, liv. i, chap. 35. § Heming. p. 303. Walfingham, p. 143. feveral | Se Chap. XV. oA 133°» 1339: 174 HTIsTORY or ENGLAND. feveral centuries more intermingled together than any two diftinct nations, whom we meet with in hiftory. But the fatal pretenfions of Edward III. diffolved all thefe connexions, and left the feeds of great animofity in both countries, efpecially among the Englifh. For + ig remarkable, that this latter nation, tho’ they were commonly the agoreflors, and by their fuccefs and fituation were enabled to com- mit the moft cruel injuries on the other, have always retained'a ftronger tincture of national antipathy ; nor is their hatred retaliated on them to.an equal degree by the French. ‘That country lies in the middle of Europe, has been fucceffively engaged in hoftilities with all its neighbours, the popular prejudices have been diverted into many channels, and, among a people of fofter manners, they never rofe to a great height againft any particular nation, PHiLip. made great preparations againft the attack of the Englith, and fuch as f-emed more than fufficient to fecure him from the danger. Beficdes the concur- rence of all the nobility in his own populous and warlike kingdom, his foreign alliances were both more cordial and powerful than thofe which were formed by his antagonift. The Pope, whe, at this time, lived in Avignon, was dependant on France, and being difgufted at the connexions between Edward and Lewis of Bavaria, whom he had excommunicated, he embraced with zeal and fincerity the caufe of the French monarch. ‘The King of Navarre, the duke of Britanny, the count de Bar were in the fame interetfts ; and on the fide of Germany, the King of Bohemia, the palatine, the dukes of Lorraine and Auftria, the bifhop of Liege, the counts de Deuxpont, Vaudemont, and Geneva. Theallies of Edward were in chemfelves weaker; and having no other objeét, but his money, which began to be exhauifted, they were very flow in their motions and very irrefolute in their meafures. ‘The duke of Brabant, the moft powerful among them, feemed even ‘clined to withdraw himfelf wholly from the alliance; and the King was necef- fitated, both to give the Brabanters new privileges in trade, and to contract his fon Edward with the daughter of that prince, ere he could bring him to fulfill his engagements. The fummer was watted in conferences and negotiations be- fore Edward could lead his armies into the field; and he was obliged, in order to allure his German allies into his meafures, to pretend that the firft attack fhould be made upon Cambray, 2 city of the empire which had been garrifoned by Phi- lip *. But finding by a nearer infpection the difficulty of the enterprize upon this place, he conduéted them towards the frontiers of France; and he there found, by a fenfible proof, the vanity of his expectations : The count de Namur, and even the count dé Hainault, his brother-in-law (for the old count was dead) re- * Froiffart, liv. i; chap. 39. Heming. p. 305. fufed EDWARD Ii, i75 fufed to commence hoftilities againft their liege lord, and retired with all their Chap. XV. troops *. So little account did they make of Edward’s pretenfions to the crown of France! Tue King however entered the enemy’s country, and encamped on the fields of War with Vironfoffe near Capelle, with an army of near 50,000 men, compofed almoft France. entirely of foreigners. Philip came within fight of him with an army of near double his force, compofed chiefly of native fubjects; and it was daily expected that a battle would have enfued. But the Englifh monarch was averfe to engage asainft fo great an inequality : The French thought it fufficient if he eluded the attacks of his enemy, without running any unneceffary hazard. he two armies faced one another for fome days: Mutual defiances were fent: And Edward, at laft, retired backwards into Flanders, and difperfed his army 7. Sucu was the fruitlefs and almoft ridiculous conclufion of all Edward’s mighty preparations ; and as his meafures were the moft prudent, that could be embraced in his fituation, he might learn from experience in what a hopelefs enterprize he was engaged. His expences, tho’ they had led to no end, had been confuming and deftruétive : He had contraéted near 300,000 pounds of debt =; he had an- ticipated all his. revenue; he had pawned every thing of value, which belonged either to himfelf or his queen; he was obliged in fome meafure even to pawn himfelf to his.creditors, by defiring their permiffion to go over to England, in order to procure fupply, and by promifing on his word of honour to return in perfon, if he did not remit them their money. But he was a prince of too much fpirit to be difcouraged by the firft dificul- ties of an undertaking ; and he was. anxious to retrieve his honour by more fuc- cefsful and more gallant enterprizes. Forthis purpofe, he had, during the courfe of the campaign, fent orders to fummon a parliament by his fon Edward, whom he had left with the title of guardian, and to demand of them fome fupply in his urgent neceffities. The barons feemed inclined to grant his requeft ; but the knights, who often, at this time, acted as a feparate body from the burgefics, made fome feruple of taxing their conftituents, without afking their confent; and ed the guardian to fummon a new parliament, who might be properly they defir The fituation of the King and parliament was, for empowered for that purpole. the time, nearly fimilar to that which they conftantly fell into about the begin- ning of the Jaft century; and fimilar confequences began vifibly to appear. ‘The King, fenfible of the frequent demands which he would be obliged to make on his people, had been anxious to enfure to his friends a feat in the houfe of commosa * Froiffart, liv, i, chap. 39. ' Walling. p. 143. . Cotton’s Abridg. p, 17. + . eS a SSS Tomtao Froiffart, liv. i, chap. 41, 42, 43. Heming, p. I ' if 1 . 1! ! \ i ' Y " } i lh, - “a qi he 1 i} . : iy iM HF : i] : : : : il : { : | | i | } ti i nt | ' ; i | } ih y i| : } i} : i ig ' 1 : } ti 1} | i + | ou 4) : } 1] | iti : | +, ae { Hi! | Ww : Hii ti : : Wi ; i) : 11 ii! : mit a, if 1 + Wn " | 1H] Ht f iM i hay }) a nit wh 1) a : ie ‘ } } j FI 1} Hil it TEAR eR) bt 4) +4 1] ; if ih i a rth ‘ea : it : We | i 7 1) ae 4 { i + f 1) ae ¢ he & | 7 ie i= 4 ' a me AL : | q / tie Pi i) Se A) Eh) | PPE i a a | ae we: i de +n ql } i i iy : | f 40 * Wah " : ar Ra iki 1 | a i 1G bab ae ii 1) t al \ ay i ; 1] | te hth jah f \} laa | j nit : : \ oa tt ny Wh ae i a Wnt || ' anh { iva: i } yf { nt aH > Al ll 7 i ih ihe iH ine if fH Wt ee | a : ; ! in! ha oF i} ah: ; | Ml Mile - thy 4 } thy } ' ; ‘aan a ah Litt if | | a bby Bi ae et ee pbb 4 eae ] Mi : es ahah H ' Bi ' mibae buy ' 4 Za) | { a 4 Tit } 4 \ j 1 a | ] 4 i ; bo - ye t t ; ie; } 4 4 : pI if ‘| ; BT he hee ahhh ; 1 7 ( Me i} \ : ah tet hl - ‘ (a Bale TIPthay! i } : } y : - Tin : an : 3) ae : : as ! eel ON. iain ia et eet, : viiee FLO \4 ; tal ( q » ; ’ ‘t iat aif inet “Hi i ; 4 4 ; ie? . Bi . 4) Mm iutian lid 1 ak ie } } Ia By a A iy ie Ti ' ty a iat i Hi | ’ 43a : y » 1) ee 4 i | oy st) e - ‘ " an : ft ‘ora uae - itn Bre: vit q ‘eabh ‘3 hg ft Sat | ) Petty ae { he | i wit 1 t " i ‘ ath H RAG i Ree i +H | y i { ie | FA ‘| 5 * #4] Py » ! tie ine i 1} aK te 4 bh ; hi $f ; ah ‘hug | Wie r i 4 , es acy var baal) Wt a nig } TH 4 is he Af 4 a \ H d i wht) EAT), + f tier ¢ ‘% { : hes 4 i - & «3 4 eee i th) ie 43 ea * hy Be ie 5 ' ibe ae : ~~ = SEs Sets SO SS 2 = aan Set 8 NOOO Oe! _ ws ee Se ee en aS eS TS £ : ae Chap. XV. 1339: wii 170 HISTORY or ENGLAND. and at his inftigation, the fheriffs and other placemen had made intereft to be elect- ed into that affembly ; an abufe which the knights defired the King to correct by the tenor of his writ of fummons, and which was accordingly remedied. On the other hand, the knights profefledly annexed conditions to their intended grant, and required a confiderable retrenchment of the royal prerogatives, particularly with regard to purveyance, and the levying the antient feudal aids for knighting the King’s eldeft fon, and marrying his eldeft daughter. The new parliament, called by the Guardian, retained the fame free fpirit ; and tho’ they offered a large fupply of 30,000 facks of wool, no bufinefs was concluded ; becaufe the conditions, which they annexed, appeared too high to be compenfated by a temporary concei- fon. But when Edward himfelf came over to England, he fummoned another’ parliament, and he had the intereft to procure a fupply on more moderate terms. ‘A confirmation of the two charters and of the privileges of boroughs, a pardon for old debts and trefpaffes, and a remedy for fome abufes in the execution of common law, were the chief conditions infifted on; and the King, in return for his concef- Gons on thefe heads, obtained from the barons and knights an unufal grant for two years of the ninth fheaf, lamb, and fleece on their eftates, and from the burgeffes, a ninth of their moveables at their truevalue. The whole parliament alfo granted a duty of forty fhillings on each {ack of wool exported, on each three hundred wool-fells, and on each laft of leather for the fame term of years; but dreading the arbitrary fpirit of the crown, they exprefsly declared, that this grant was to continue no longer, and was not to be drawn into precedent. Being foon after fenGible, that this fupply, tho’ confiderable and very unufual in that age, would come in flowly, and would not anfwer the King’s urgent neceffities, both from his patt debts, and his preparations for war; they agreed, that 20,000 facks of wool fhould immediately be granted him, and their value be deducted from the ninths, which were afterwards to be levied. 7 But there appeared, at this time, another jealoufy in the parliament, which was very reafonable, and was founded on a fentiment that ought to have engaged them rather to check than fupport the King in all thofe ambitious projects, fo little likely to prove fuccefsful, and fo dangerous to the nation, if they did. Ed- ward, who, before the commencement of the former campaign, had, in feveral commiffions, affumed the title of King of France, now more openly, in all pub- lic deeds, gave himfelf that appellation, and always quartered the arms of France with thofe of England in his feals and enfigns. The parliament thought pro- per to obviate the confequences of this meafure, and to declare, that they owed him no obedience as King of Franee, and that the two kingdoms muft forever remain + Se BaD AWA (RAs) tt 179 remain diftiné&t and independent *. They undoubtedly forefaw, that France, if fubdued, would in the end prove the feat of government; and they deemed this aang proteftation neceflary, in order to prevent their becomin: > a pro- vince under that monarchy, A very frail fecurity, if the event had really taken place ! iT As Philip was apprized, from the preparations, which were making both in England and the 8 ow.Countries, that he muft expect another invafion from Ed- ward, he fitted out a great fleet of 400 veffels, manned with 40,000 men; a he flationed them off Sluife, with a view of intercepting the King in his paflage The Englith navy was much inferior in number, confilting only of 240 but whether it was by the fuperor abilities of Edward, or the greater dexterity of his feamen, they gained the wind of the enemy, and had the fun in their backs; and with thefe advantages began the action. The battle was fiercé and bloedy: The Englifh archers, orhote ‘force and addrefg were now much cele- brated, galled the French on their approach: And when the fhips gra gether, and the conteft became more fteady and furious, the example King, and of fo many gallant nobles, who accompanied him, animated to fich a degree the feamen and ‘foldiery; that they maintained every where a fuperiority over the enemy. ‘The French ag had been guilty of fome imprudence in fta- tioning themfelves fo near the coaft of Flanders, and choofing that place for the {cene of action. The F senate? defcrying the battle, hurried out of their ports, and brought a reinforcement to the Einglifh oe coming unexpectedly, had a greater effect than in proportion to its power and numbers. Two hundred and thirty French fhips were taken: Thirty thoufand Frenchmen were killed, with two oftheir admirals: The lofs of the Englifh was inconfiderable, compared to the greatnefs and importance of the victory +. None of eruip 3 courtiers, it is faid, dared to inform him of the event; till his fool or jefter gave him a hint, ; by v which he difeovered the Jofs that he had fuftained +. s; ; ¢ FB € . yrear fac {s d tc he K inc my h ; 7 a ng hi alls a& LHE luitre OT this preat iUC ce s) adde .\ is NINngs S autn OF Icy uno WS ail ~9 ° ’ ‘ _ > : . : im Pe who affembled their forces with Se aH joined tne Enelifh army. it.d- ia 7 . f° > ie ie od ®Aaesrt Ta ~ “ne orn ia.» a : re -4 mn ~* as / =_ “~~? rnc err | fa W ard marched t to the frontiers Ol “rance at tne nead OT above 100.000 men, COLL ee £12 7 . (* r . : . | e ~~ liiting chiefly of foreigners, a more numerous army’ than, either before or fince, — 2 , . : ha ever b sande 7 + Cin yr ont Hnaland & Ae rhe fama time. the Flam iS evet een comm: anded by an y | DIL, ~ Vi 3 bic bmi We Li. Lil Laiijc K2iainyg LL iL iwili™ in: gs, th ao = C . . 7 Af aAder the ec mama 3 + 1 ‘* to ie am ount O71 5 2,CO OO mM Cn 5 Ma rc} WG CJLit LiTILICSs af COMI and OT IrUUCIL % ; ; f 4 {; ary {> a7 ad 1 ea "svees shes ah ©) ; ‘2 vats at = {; A f 2 ’ Artois, and laid ece CO St. O: ner; Out tis tumuituary force, COM poicG en ta Edward TIT + Froiffart, liv: i. chap, ¢1, Avetbury, pe 6; Hleming, p. + a 4 ai . . { POQMArt, LV. a mienthes hs gi. 4A YY wah wat J a ie 5 a aaa’ Fas} i + UWTAIG ~ ~ ; Dy, ! \ oy q VY Aull oe p- 148, § mymer, VOle V. Pp. 197 ‘ as TY ' ryt } a Ul Ais A a t iy Chap, XY. ch ie i Viet alii Hl N] iat i ti 12 a Chap. XV. 1440. 178 HISTORY or ENGLAND. tirely of tradcfmen, unexperienced in war, was routed by a fally of the gar- rifon, and notwithftanding the abilities of their leader, was thrown into fuch a panic, that they were inftantly difperfed, and never after appeared in the field. The enterprizes of Edward, tho’ not attended with fo inglorious an iffue,. proved equally vain and fruitiefs. The King of France had affembled an army more sumerous than the Englifh; was accompanied with all the chief nobility of his kingdom; was attended by many foreign princes, and even by three monarchs, the Kings of Bohemia, Scotland and Navarre*: Yet he ftill adhered to the pru- dent refolution of putting nothing to hazard, and after throwing {trong garrifons * ato all the frontier towns, he retired backwards, perfuaded that the enemy, hav- ing wafted their force in fome tedious and unfuccefsful enterprize, would afford him an eafy victory. Tournay was at that time one of the moft confiderable cities of Flanders, containing above 60,000 inhabitants of all ages, who were affectionate to the French government; and as the fecret of Edward’s defigns had not been ftrictly kept, Philip learned, that the Englifh, in order to gratify their Flemifh allies, had intended to open the campaign with the fiege of this place: He took care therefore to fupply it with a garrifon of 14,000 men, commanded by the bravett: nobility of France; and he reafonably expected, that thefe forces, joined:to.the inhabitants, would be able to defend the city againft all the efforts of the enemy: Accordingly, Edward, when he commenced the fiege, about the end of July, found every where an obftinate: refiftance: The valour of the one fide was en- countered with equal valour by the other: Every affault was repulfed and proved unfuccefsful : And the king was at laft obliged to turn the fiege into a blockade, in hopes, that the great numbers of the garrifon and inhabitants, which had enabled them to defend themfelves againft his attacks, would but expofe them to be the more eafily reduced by famine +. The count d’Eu, the governor, as foon as he perceived that the Englifh had formed.this plan of. operations, endea-. voured to fpare his provifions, by expelling all the ufelefs mouths; and the duke of Brabant, who withed no fuccefs to Edward's enterprize, gave every one a free paffage thro’ his quarters. Arter the fiege had continued ten weeks, the city was reduced to diftrefs ; and Philip, recalling all his fcattered garrifons, advanced at the head of a mighty army, within three leagues of the Englith camp, with an intention of ftill avoid- ing any decifive aétion, but of feeking fome opportunity to throw relief into the place. Here, Edward, irritated with the fmall progrefs which he had hitherto made, * Frojflart, liv. is chap. §7. + Froiffart, liv. i. chap. 54% and EDWARD UL £79 and with the difagreeable profpect that lay before him, fent Philip a defiance by a herald ; and challenged him to decide their claims for the crownof France, either by fingle combat, or by an action of a hundred againft a hundred, or by a generab engagement. But Philip replied, that Edward having done homage to him for His dutchy of Guienne, and having folemnly acknowledged his fuperiority, it by no means became him to fend a defiance to his liege lord and fovereign: That he was confident, notwithftanding all his preparations, and his conjunction with the rebellious Flemings, to be able foon to chace him from the frontiers of France: That as Edward’s hoftilities had prevented him from executing his purpofed cru- fade againft the infidels, he truited in the affiftance of the Almighty, who would reward his pious intentions, and punifh the agegreffor, whofe ill grounded claims had rendered them ineffectual: Tvhat Edward propofed a duel on very unequal terms, and offered to hazard only his own perfon, againft both the kingdom of France, and the perfon of the King: But that if he would encreafe the ftake, and put alfo the kingdom of England on the iffue of the duel, he would, notwith- {tanding that the.terms would ftill be unequal, very willingly accept of his chal- lenge *. It was eafy to fee that thefe mutual bravades were intended only to dele the populace, and that the two Kings were too wile to think of executing their pretended purpofe. Waite the French and Enplith armies i in this fituation, and a general ac- tion was every day expected, Jane countefs dowager of Hainault interpofed with her good offices, and endeavoures to conciliate peace between the contending mo- narchs, and to prevent any farchcr ci'ufion of blood, This princefs was mother- in-law to Edward, and fitter to Philip; and tho’ fhe had taken the vows in a con- vent and had abandoned the world, fhe left her retreat on this occafion, and employed all her pious efforts to allay thofe animofities, which had taken place between perfons fo nearly related to her, and to each other. As Philip had no ma- terial claims upon his antagonift, fhe found him to peetech very willingly to the propofals; and even the haughty and ambitious mind of Edward, convinced of his fruitlefs attempt, was not averfe to her negotiation. He was fenfible from experience, that he had engaged in an enterprize which far exceec oe his force ; and that the power of pagan’ was never likely to series over that of a fuperior kingdom, firmly united under an able and prudent monarch. He difcovered that all the ilice. whom he could gain by negotiation, were at bottom averfe to his enter- prize; and tho’ they might fecond it toa certain length, would immediately detach themielyes, and oppofe its final accompli! ante if ever they could be brought te * Du Tillet, Recueil de Traitez, &c. Heming. p. 325, 326. -Walfing. p. 449. Aaz2 thin's . 7 rT 180 wis TOR Y oF ENGLAND. Chap. XV. think, eHiat there was ferioufly any danger of it. He even faw, that their chief ix purpofe was to obtain money from him; and as his fupplies from England came in very flowly, and had much difappointed his expectations, he was convinced of. their crowing indifference in his caufe, and of their zeal to embrace ail plaufible ¢ oO CO ‘ terms of accommodation. Convinced at ‘laft,. that an undertaking muft be im- prudent, which could only be fupported by means fo unequal to the end, he con- cluded a truce, which left both parties in pofieflion of their prefent acquifitions, and ftopped all farther hoftilities on. the fide of the Low Countries, Guienne and Scotland, till Midfummer next * ~ A negotiation was foon after opened at Arras, under the mediation of the Pope’s legates, and the truce was attempted to be: >= = cy > B) vy converted into a folid peace. Edward here required that Philip fhould free Guis enne from all claims of fuperiority, and entirely abandon the protection of Scote land: But as he feemed not any wife entitled to make fuch exorbitant demands, either from his: paft fuccefies, orf future profpects, they. were totally rejected by Philip, who agreed only to a prolongation of the truce. Tue King of France foon after detached the emperor Lewis from the alliance- ef England, and engaged hini to revoke the title of imperial vicar, which he had conferred on Edward 7. The King’s other allies on the frontiers of France,. difappointed in their hopes, gradually withdrew from the confederacy.. And Ede: ward himfelf, harraffed by his numerous and impatient creditors,. was-obliged to» make his efcape by ftealth into England. Dometic dif Tue unufual impofition of a ninth theaf, lamb and fleece, laid on by the par turbanees- ~— Jiament, together with the great want of money, and ftill more, of credit in Eng- land, had rendered the remittances to Flanders fo backward; nor ¢ould it be.ex- pected, that any expeditious methods of colleéting a tax, which was fo new in itfelf, and which yielded only a eradual produce, could poffibly. be contrived by: the King or his minifters. And tho’ the parliament, forefeeing the inconvenience, . \had granted, as a prefent refource, 20,000 facks of wool, the only Englifh goods \which bore a certain price in foreign markets, and were the next to ready money ; it was impoffible, but the feizing of fuch a bulky commodity, the gathering of it from different parts of the kingdom, and the difpofing of it abroad, muft take up much more time than the urgency of the King’s affairs would permit, and occafion all the difappointments complained of, during the courfe: of the campaign. But tho’ nothing had happened, which Edward might not reafonably have forefeen, he. was fo irritated with the unfortunate iffue of his military operations, and fo much . | * Froiflart, liv. i.chap..64.. Avefbury, p. 5. 4+ Heming. p. 352. Ypod. Neuft. p. 5146 Knyghton, p. 2580. 3 | 4. vexed - in 7 ' } | ' } | i - ' “i iT : hit 1 Ee. : Ta He | 4 hia Sth jp ish) 1} te (bh Sy | Be ait. imate 7 hi} {ai an i ’ ; ty ‘ i> Pine P a . chef dis ‘= Pre po oa Vie Pegi aM rae -. v “5 Ecos . —— Cie! his: Chap. XV. 13420. >| fat 4 { Chap. XV. 341. 184 mis TO R.F oF ENGLAND. his council, and the confent of other great men, who fhould at that time be found 4 gaiini to refide in the neighbourhood of the court. And they enacted, that on the third day of every feffion, the King fhould:refume into his own hancs all thefe offices, except thofe of juftices of the two benches and the barons of exchequer ; that thefe minifters fhould for the time be reduced to private perfons ; that they fhould ‘4 that condition anfwer before the parliament to any accufations brought againft them; .and that, if they wete found any wife guilty, they fhould finally be difpof- feffed of their offices, and more fufficient perfons be fubftituted in their place *. By thefe laft regulations, the barons approached as near as they dared to thofe re- firictions, which had formerly been impofed on Henry Il. and Edward II. and which, from the dangerous confequences attending them, had become fo gene- rally odious, that they did not expect to have either the concurrence of the people in demanding them, or the afient of the prefent King in granung them. In return for thefe important conceffions, the parliament profered the King a grant of 20,000 facks of wool; and his wants were fo urgent, from the clamours of his creditors, and the demands of his foreign allics, that he was obliged to accept of the fupply on thefe hard conditions. He ratified this ftatute in ful] parliament ; but he fecretly entered a proteft of fuch a nature as was fuficient, one fhould imagine, to deftroy for the future all truft and confidence with his people: He declared, that, fo foon as his convenience permitted, he would, from his own authority, revoke what had been extorted from him 7. Accordingly, he was no fooner poffeffed of the parliamentary fupply, than he iffued an edict, which contains many extraordinary pofitions and pretenfions. He firft afferts, that that ftatute had been enaéted contrary to the law; as if a free legiflative body could ever do any thing illegal. He next affirms, that, as it was hurtful to the prerogatives of the crown which he was fworn to defend, he had only difiembled, + ri when he feemed to ratify it, but that he had never in his own breaft given his af- fent to it. He does not pretend, that either he or the parliament lay under any force; but only that fome inconvenience would have enfued had he not feemingly given his affent to that pretended ftatute, He therefore, with the advice of his council and of fome earls and barons, abrogates and annulls it; and tho’ he profeffes himfelf willing and determined to obferve fuch articles of it as were formerly law, he declares it to have thenceforth no force or authority {. The parliaments, who were afterwards aflembled, took no notice of this arbitrary ex- * 4s Edw. UI. cret appears evidently, fince otherwife it would have been ridiculous in the patliament to have ac- : 5 —m-. Tum Ret Se ; va a ys 22 th me £ Owns that he At //EmMoe i, whied would not have been the Caie, + Statates atlarge: 15 Edw. lil.. That this protett of the King’s was /e- ~~ cepted of his affent: Befides the Kin . 1 ye es | : ee hs ee . a = +. ; ’ re Tt 4 . Trt haa his prote:t peen puuild. 4 otatutes at jai Ze» 16 DOW. fil. ertion E DWAR D~ UW, 185 ertion of royal power, which by a parity of reafon left all their laws at the mercy of the King; and during the courfe of two years, Edward had fo far re-eftab- lithed his influence, and freed himfelf from his prefent neceffities, that he then obtained from his parliament a legal repeal of the obnoxious ftatute *. This tranfaction certainly contains remarkable circumftances, which difcover the man- ners and fentiments of the age, and may prove what inaccurate work might be expected from fuch rude hands, when employed in legiflation, and rearing the delicate fabric of laws and a conftitution. Bur tho’ Edward had happily recovered his ‘authority at home, which had been impaired by the events of the French war, he had undergone fo many mor- tifications from that attempt, and faw fo little profpect of fuccefs, that he would probably have dropt his claim, had not a revolution in Brittany opened to him more promifing views, and given his enterprizing genius a full opportunity of difplaying itfelf. Joun Ill. duke of Brittany, had, fome years before his death, found himfelf declining thro’ age and infirmities; and having no iffue, he was folicitous to pre- vent thofe diforders, to which, on the event of his deceafe, a difputed fucceffion might expofe his fubjeéts. His younger brother, the count de Penthievre, had left only one daughther, whom the duke deemed his heir; and as his family had inherited the dutchy by a female fucceffion, he thought her title preferable to that of the count de Mountfort, who, being his brother by a fecond marriage, was the male heir of that principality +. He accordingly propofed to beftow her in marriage on fome perfon, who might be able to defend her rights; and he caft his eye on Charles de Blois, nephew of the King of France, by his mother, Margaret de Chap. XY, 1341. Affairs of Brittany. Valois, fifter to that monarch. But as he both loved his fubjects and was belov- ed by them, he determined not to take this important ftep without their appro- bation; and having affembled the ftates of Brittany, he reprefented to them the advantages of that alliance, and the profpect, which it gave, of an entire fettle- ment of his fucceffion. ‘The Britons willingly concurred in his choice: The mar- riage was concluded: All his vafials, and among the reft, the count de Mount- fort, fwore fealty to Charles and to his fpoufe as to their future fovereigns: And every danger of civil commotions feemed to be obviated, as far as human pru- dence could provide a remedy againft them, Bur on the death of this good prince, the ambition of the count de Mountfort broke thro’ all thefe regulations, and kindled a war, not only dangerous to Brit- tany, but to a great part of Europe. While Charles de Blois was foliciting at * Cotton’s Abridgm. p. 38, 29. + Froiffart, liv. 1. chap. 64. Vou. Il. B b the 186 - HISTORY or ENGLAND. the court of France the inveftiture of the dutchy, ; Mountfort was irs, % - quiring immediate poffeffion of it, and by force or intrigue he made him e ” : ter of Rennes, Nantz, Breit, Hennebonne, and all the moft important ye treffes, and engaged many confiderable barons to acknowledge his authority *. Senfible, that he could expect no favour from Philip, he made a voyage to ts jand, on pretence of foliciting his claim to the earldom of Richmond, pias M | devolved to him by his brother’s death; and offering to do homage to ap reais as king of France, for the dutchy of Brittany, he propofed a ftrict alliance forthe fupport of each other's pretenfions. Edward faw immediately the s hapiac at- tending this treaty: Mountfort, an active and valiant prince, clofely united to him by intereft, opened at once an entrance into the heart of F rance, and afford- ed him much more flattering views, than his allies on the fide of Germany and the Low. Countries, who had no fincere attachment to his caufe, and whofe pro- erefs was alfo obftructed by thofe numerous fortifications, which had been raifed on that frontier. Robert d’Artois was zealous in forcing thefe confiderations : - The ambitious fpirit of Edward was little difpofed to fit down under thofe re- ee pulfes, which he had received, and which, he thought, had fo much injured his sae reputation: And it required a very fhort negotiation to conclude a treaty of al- liance between two men; who, tho’ their pleas with regard to theepreference of male or female fucceffion were direétly oppofite, were intimately connected ‘by their common interefts 7. | As this treaty was ftill a fecret, Mountfort, on his return, ventured to appear at Paris, in order to defend his caufe before the court of peers ; but obferving Philip and his judges to be prepoflefied acainft his title, and dreading their intentions of arrefting him, till he fhould reftore what he had feized by violence, he fuddenly made his efcape; and war immediately broke out between him and Charles de Blois t. Philip fent his eldeft fon, the duke of Normandy, with a powerful ar- my to the affiftance of the latter ; and Mountfort, unable to keep the field againft his rival, remained in the city of Nantz, where he was befieged, The city was taken by the treachery of the inhabitants : Mountfort fell into the hands of his enemies; was conduéted as a prifoner to Paris; and was fhut up in the tower of the Louvre §. “ 7 : .. Ba s wh , ‘ be, : a it] . : q omy ah : s \ = : a hh ee ae | } : - ee - | Beam a 4 E Ra <2 ) 7 : aia : ao 9. : - Ra ‘ niet 4 af | , : | } : : ry 4 : | i i ' 1 i , : 4 + : 'g 1 : eh : | f ! we a : . tt oe i - uth : é : _ i : 7 } a t ia it : | : ] : , ‘ at - ' | | | i= 4 1 : . - : : | . ; : a , 7 "7 i} ™ all . || = g ' ; ; aT) Wu ! : nf : : yh f - - i? ' : : : , : ; ah : mit 7 i : ’ ian ce ; j F cin nae ") iat . | int a) } t } i : ‘ | : | i”) Li s a |} : | : : : ai} : - f ' : , * 4 ; Hae { : + ri : TRY i i Shiai H 1! . ») t , Ht : ! a ] ‘ay | — heat : Bh "2 f a: : a ib é A - 1 J ' : siti wa q vy | a : it: ‘ : i} § i aa } : iil fa { hiihis . - i 5 ; ' pe “ es ie 4 +} i ¢ ] : Ws Ht : co] \ i f | i@h , 4 -. ay - : fa = : . val , Fi Z is " ae ti .a ial j Wu th a; ee) me) a37 | 7 { ual bi ‘ 1 ; 7 | ‘ 1 Oe Dy ae mei Ue Te bi] ; af cltl Bae : y ; ) 7 b I Hat H iit $ fiih te ; } is 3 H : Fie > { M 1 2 | Ss Sim ¢ } | ivi oe Aa Bae : m asl , We ; : - 4 ; Ptah ae : j } ta. | a Bi L : : 7” Tt 4 ahi i : FE th Y i | : : f Wy }444 F | i} ME } : |e } an ie a ae : H i} 5 HI t é =) i ,.t a i} +t ‘a | 4 J q ‘ay Tus event feemed to put anend to the pretenfions of the count de Mountfort ; but his affairs were immediately retrieved by an unexpected incident, which inf{pired new life and vigour into his party. Jane of Flanders, countefs of Mountfort, the. ® Froiffart, liv. 1. chap, 65, 66, 67, 63. - + Froiffart, liv. 1. chap. 69. } Froiffart, liv. 1. chap. 70, 71 § Froiffart, liv. 1, chap. 73. | mott EDWARD Ur 187 moft extraordinary woman of that age, was roufed, by the captivity of her huf- band, from thofe domeftic cares, to which fhe had hitherto limitted her genius ; and fhe courageoufly undertook to fupport the falling fortunes of het family. No fooner did fhe receive the fatal intelligence, than fhe affentbled the inhabitants of Rennes, where fhe then refided; and carrying her infant fon in her arms, de- plored to them the calamity of their fovereign, and recommended to their care the illuftrious orphan, the fole male remaining of their antient princes, who had governed them with fuch indulgence and lenity, and to whom they had ever pro- feffed fuch ‘a zealous attachment. She declared herfelf willing to run all hazards with them in fojuft a caufe; difcovered the refources which {till remained in the alliance of England; and entreated them to make one effort again{t an ufurper, who, being impofed on them by the arms of France, would in return make a facrifice to his protector of the antient liberties of Brittany. The audience, mov- ed by the affecting appearance, and in{pirited by the noble conduét of the prin- cefs; vowed to live and die with her in defending the rights of her family :_ All the other fortreffes. of Brittany embraced the fame refolution - The countefs went from place to place, encouraging the garrifons providing them with every thing neceflary for fubfiftance, and concerting their plans of defence; and after the had put the whole province in a proper pofture, fhe thut herfelf up in Hennebonne; where fhe waited with impatience the arrival of thofe fuccours, which Edward had promifed her. Meanwhile, the fent over her fon to England, both that the might put him in a place of fafety, and engage the King more ftrongl} icp” fuch a pledge, to embrace with zeal the interefts of her family. CHARLES DE Buois, anxious to make him(elf mafter of fo important a for- trefs as Hennebonne, and ftill more to take the countefs prifoner,.from whofe vigour and capacity all the difficulties to his fucceffion in Brittany now proceed- ed, fat down before the place with a great army, compofed of French, Spaniards, Genoefe, and fome Bretons; and he conduéted the attack with indefatigable in- duftry*, The defence was no lefs vigorous: The befiegers were repulfed in every affault: Frequent fallies were made with fuccefe by the garrifon: And the countefs herfelf being the moft: forward in all military operations, every one was afhamed not to do his duty to the utmoft in this defperate fituation, One day fhe perceived, that the befiegers, entirely employed in an attack, had neglected a diftant quarter of their camp; and fhe immediately fallied forth at the head of a body of 200 cavalry, threw them into confufion, executed great flaughter upon them, and fet fire to their tents, baggage and magazines: but when fhe was preparing to return, the found that the was intercepted, and that a great body of the » * Fro‘flart, liv. 1. chap. 81. B b2 ene. Chap. XV, 1342. 188 H1iS°k:O Wry yor ENGLAND. Chap.XV. enemy had thrown themfelves between her and the gates. She inftantly tcok 134% her refolution; fhe ordered her men to difband, and to make the beft of their vay by flight to Breft, She met them at the appointed place of rendezvous, collect, ed another body of 500 hortle, returned to Hennebonne, broke unexpectedly thro’ the enemies camp, and was received with fhouts and acclamations by the care rifon, who, encouraged by this reinforcement, and by fo rare an example of fe- male valour, determined to defend themfelves to the laft extremity. ‘Tue reiterated attacks, however, of the befiegers, had at length made feveral breaches in the walls; and it was apprehended, that a general affault, which was every hour expected, would overpower the garrifon, diminifhed in thet numbers, and extremely weakened with watching and fatigue. It became neceifary to treat of a capitulation ; and the bifhop of Leon was already engaged, for that purpofe, in a conference with Charles de Blois, when the countefs, who iad mounted on a high tower, and was looking towards the fea with great imfati- ence, defcried fome fails at a diftance. She immediately exclaimed: Behbola the fuccours! the Englifo fuccours! No capitulation® ! This fleet carried a body of Englifh gens d’armes, and fix thoufand archers, whom Edward had prepared for the relief of Hennebonne, but who had been long detained by contrary winds. They entered the harbour ander the command of Sir Walter Manny, one of the braveft captains of England; and having infpired frefh courage into the girri- fon, immediately fallied forth, beat the befiegers. from ail their pofts, and oblig- ed them to decamp. Bur notwithftanding this fuccefs, the countefs of Mountfort found that her party, overpowered by fuperior numbers, were declining in every quarter; and fhe went over to folicit more effectual fuccours from the King of England: Ed- ward granted her a confiderable reinforcement under Robert d’Artois; whoem-- barked his troops on board a fleet of forty-five fhips and failed to Brittany. He was met in his paflage by the enemy; an action enfaed, where the countefs be- haved with her wonted valour, and charged the enemy fword in hand ; bu: the fleets, after a fharp action, were feparated by a ftorm, and the Englifh arnved’ fafely in Brittany. The firft exploit of Robert d’Artois was the taking of Van- nes, which he maftered by conduct and addrefs +: But he furvived a very little time this profperity. The Breton noblemen of the party of Charles affembled fecretly in arms, attacked Vannes of a fudden, and carried the place; chiefly by reafon of an wound received by Robert d’ Artois, of which he foon after died at fea on his return to England. * Froiffart, liv. 1. chap. 81. .) T Froiffart, liv. 1. chap. 93. + Froiffart, liv. 1. cha 94. P oe, 94 AITER EDWARD It. 139 Arter the death of this unfortunate prince, the chief author of all the cala- nities, with which his country was overwhelmed for above a century, Edward widertook in perfon the defence of the countefs of Mountfort; and as the latt tiuce with France was now expired, the war, which the Englifh and French had htherto carried on as allies to the competitors for Brittany, is thenceforth con- dicted in the name and under the ftandard of the two monarchs. The King land- ed at Morbian near Vannes, with an army of 12,000 men; and being mafter o] the field, where no enemy dared to appear againft him, he endeavoured to eve aluftre to his arms, by commencing at once three important fieges, that of Vannes, of Rennes, and of Nantz. But by undertaking too much, he failed of ficcefs in all his enterprizes. Even the fiege of Vannes, which Edward in per- fon conducted with vigour, advanced but flowly *; and the French had all the lefure requifite for making preparations againft him. The duke of Normandy, eHeft fon of Philip, appeared in Brittany at the head of an army of 30,000 in- fatry and 4000 cavalry; and Edward was now obliged to draw together all hig forces, and to entrench himfelf ftrongly before Vannes, where the duke of Nor- randy foon after arrived, and in a manner invefted the befiegers. The garrifon aid the French camp were plentifully fupplied with provifions; while the Eng- lih, who dared to make no attempt upon the place in the prefence of a fuperior amy, drew all their fubfiftance from England, expofed to the hazards of the fea, ard fometimes to thofe arifing fromthe fleet of the enemy. In this dangerous: fiuation, Edward very willingly hearkened to the mediation of the Pope’s le- otes, the cardinals of Paleftrine and Frefcati, who endeavoured to negotiate, if not a peace, at leaft a truce between the two kingdoms. A treaty was con- clided for a ceffation of arms during three years +; and Edward had the abi- liy, notwithftanding his prefent dangerous fituation, to procure to himfelf very ecual and honourable terms. It was agreed, that Vannes fhould be fequeftered, diring the truce, in the hands of the legates, to be difpofed of afterwards as they pleafed ; and tho” Edward knew the partiality of the court of Rome towards hg antagonift, he faved himfelf by this device from the difhonour of having un- detaken a fruitlefs enterprize. It was, alfo {tipulated, that all prifoners fhould be releafed, that the places in Brittany fhould remain in the hands of the prefent poffeffors, and that the allies on both fides fhould be comprehended inthe truce {. Edward, foon after concluding this treaty, embarked: with his amy for England. * Froiffart, liv. 1, chap. 95. + Froiffart, liv..1. chap.99. Avefbury, p: roz. t Heming.. p. 359. 4 ree MAY ae Sd Chap. XV, 1342, Chap. XV. 1343" 1344+ 1g MiIsSTOR XY or “ENGLAN D. Tue truce, tho’ calculated for a long time, was of very fhort duration; and each monarch endeavoured to throw on the-other the blame of its infraGtion, Of courfe, the hiftorians of the two countries differ. in their account of the matter. Tt feems probable, however, as is afarmed by the French writers, that Edward, in confenting to the truce, had: no other purpofe than, to extricate himfelf from a perilous fituation, into which he had fallen, and was afterwards very carelefs of ‘ts obfervance. In ali the memorials which remain on this fubject, he complains chiefly of the punifhment ‘nficted on Oliver de Cliffon, Henry de Leon, and other Breton noblemen, who, he fays, were partizans of the family of Mountfort, and confequently under the protection of England *. But it appears from the hiftory, that at the conclufion of the truce, thole noblemen had openly, by their. declara- tions and ations, embraced the caufe of Charles de Blois ~; and if they had en- tered into any fecret correfpondence and engagements with Edward, they were traitors to their party, and were juftly punifhable by Philip and Charles, for their breach of faith; nor had Edward any juft ground of complaint againft France for fuch feverities. But when he laid thefe pretended injuries before the parliament, whom he affected to confult on ail occafions, that affembly entered into the quar- rel, advifed the King not to be amufed by a fraudulent truce, and granted him fupplies for the enewal of the war: The counties were charged with a fifteenth for two years, and the boroughs with atenth, The clergy confented to give a tenth for three years. er. © Turse fupplies enabled the King to complete his military preparations; and he fent his coufin, Henry earl of Derby, fon of the earl of Lancafter, into Gui- enne, for the defence of that province t. This prince, the moft accomplifhed of the Englith court, poffefied in a high degree, the virtue of humanity as well as thofe ‘of valour and conduct §, and not content with protecting and cherifhing the pro- vince committed to his charge, he made a very fuccefsful invafion on the enemy. He attacked the count de Laille, the French general at Bergerac, beat him from his entrenchments, and took the place. He reduced a great part of Perigord, and continually advanced in his conquefts, till the count de Laille, having collected an army of ten or twelve thoufand men, fat down before Auberoche, in hopes * Rymer, vol. v. fs 453s 454-450. 466. 496, Heming. p. 379: + Froiffart; liv. 1. chap. 96. p. 100. _f Froiffart, liv. 1. chap, 103. Avefbury, p. 121. § It is reported of this prince, that, having once, before the attack of a town, promifed the fol. diers the plunder, one private man happened to.fall upon a great cheft full of money, which he im, mediately brought tothe earl, as thinking it too great for himfclf to keep poffeffion of it. But Derby - told him, that his promife did not degend on the greatnefs or f{mallnefs of the fum ; and bid him keep it all for his own afe, of EDWARD It. 191 of recovering that place, which had fallen into the hands of the Englifh. ‘The earl of Derby came upon him by furprize.with only a thoufand cavalry, threw the French into diforder, pufhed his advantages, and obtained a complete victory- De Laille himfelf, with many confiderable nobles, was taken prifoner *. After this important advantage, Derby made a rapid progrefs in fubduing the French provinces. He took Monfegur, Monpefat, Villefranche, Miremont, and Ton- nins, with the fortrels of Damaffen. Aiguillon, a fortrefs deemed impregnable, fell into his hands from the cowardice of the governor. Angouléme was furren- dered after a fhort fiege. The only place, where he met with a confiderable re- fiftance, was Reole, which, however, was at laft reduced after'a fiege of above nine weeks +. Having made an attempt on Blaye,. he thought it more prudent to raife the fiege, rather than wafte his time, before a place of {mall importance f. Tue reafon why Derby was permitted without oppofition to make fuch pro- grefs on the fide of Guienne, was the difficulties under which the French finances then laboured, and which had obliged Philip to lay on new impofitions, particu- larly the duty on falt, to the great difcontent, and almoft mutiny of his fubje&s: But after the court of France was fupplied with money, great preparations. were made; and the duke of Normandy, attended by the duke of Burgundy, and other great nobility, led towards Guienne a powerful army, which the Englifh could*not think of refifting in the-open field. Theearl of Derby fteod.on the defenfive, andallowed the French to carry omat leifure the fiege of Angoulémey which was their firft-enterprize. John lord: Norwich, the governor, after a brave and vigorous defence, found himfelf reduced to extremities; and. he was obliged to employ aftratagem, in order to fave his garrifon, and to prevent his being re~ duced to furrender:at diferetion. He appeared onthe walls, and-defired to fpeak, with the duke of Normandy: The prince, when he came, told Norwich, that he.fuppofed he intended: to capitulate. ‘© Not atiall,” replied» the governor: ‘** But as to-morrow is the feaft of the Virgin, to whom, I know, that you,. Sir, *¢ as well as. myfelf, bear a great devotion, I-defire-aceflation of arms for that day.’’ ‘The propofals were agreed to; and Norwich, having ordered his: forces: to. prepare all: their baggage, marched out, and advanced towards the French camp. The befiegers, imagining they were to be-attacked, ran to their arms;. but Norwich fent. a meffenger to the duke, reminding him of his engagement. The duke; who' piqued himfelf on the faithful obfervance of his word,, exclaimed,. I:/ee the governor has outwitted:me: But let us be contented,with gaining the place: And the Enghith were: allowed to pafs thro’ the camp unmoleftia§.. After fome.other, * Froiffart, liv, 1. chap. rog. + Froiffart, liv. 1. chap, 110, }: Froiffart, liv. 1, chap, 1.12. § Froiffart, liv. 1. chap. 120, | 3 fuccefes,. —., Chap, X¥, 1345» 13.46, Chap. XV, 1340. i2th July. Invafion of | France. 192 HISTORY or ENGLAND. fucceffes, the duke of Normandy laid fiege to Aiguillon ; and as the natural ftreneth of the fortrefs, together with a brave garrifon under the command of the earl of Pembroke, and Sir Walter Manny, rendered it impoffible to take the place by affault, he propofed, after making feveral fruitlefs attacks *, to reduce it by famine: But before he could finifh his enterprize, he was called to another part of the kingdom, by one of the greateft difafters, that ever befel the French mo- narchy fT. | Epwarp, informed by the earl of Derby of the great danger, to which Gui- enne was expofed, had prepared a fleet and army, with which he intended in per- fon to bring it relief. He embarked at Southampton on board a fleet of near a thoufand fail.of all dimenfions ; and carried with him, befides all the chief no- bility of England, his eldeft fon the prince of Wales, now fifteen years of age. The winds proved long contrary +; and the King, in defpair of arriving in time at Guienne, was at laft perfuaded by Geoffrey d’Harcourt, to change the defti- nation of his enterprize. This nobleman was a Norman by birth, had long made a confiderable figure in the court of France, and was generally efteemed for his perfonal merit and valour ; but being difobliged and perfecuted by Philip, he had fled over to England; had recommended himfelf to Edward, who was an excellent judge of men; and had fucceeded to Robert d’Artois in the invi- dious office of exciting and affifting the King in every enterprize againft his na- tive country. He had long infifted, that an expedition to Normandy promifed, in the prefent circumftances, much more favourable fuccefs, than one to Guienne ; that Edward would find the northern provinces much unfurnifhed of military force, which had been drawn to the fouth; that they were full of flourifhing ci- ties, whofe plunder would enrich the Englifh ; that their cultivated fields, as yet unfpoiled by war, would fupply them with plenty of provifions; and that the neighbourhood of the capital rendered every event of importance in thofe quar- ters §. Thefe reafons, which had not before been duly weighed by Edward, be- gan to make more impreffion after the difappointments, which he had met with in his voyage to Guienne : He ordered his fleet to fail to Normandy, and fafely dif- embarked his army at la Hogue. ; Tuts army, which was, during the courfe of the enfuing campaign, crowned with the moft fplendid fuccefs, that ever attended the enterprize of any Englifh monarch, confifted of four thoufand men at arms, ten thoufand archers, ten thoufand Welth infantry, and fix thoufand Irifh, The Welfh and the Irifh were light, diforderly troops, fitter for doing execution in a purfuit, or fcouring the country, than for any ftable action. The bow was always efteemed a frivolous wea- * Projffart, liv. 1. chap. 121. + Froiffart, liv. 1. chape 134. { Avefbury, p. 123, § Froiffart, liv. i, chap, 121- pon, a ° Sent snigieellt * po = ae Se ne i ; re a - - wa ‘ep oe See | pon, where true military difcipline was known, and regular bodies of well armed foot maintained. ‘The only folid force in this army were the men at arms, and even thefe, being cavalry, were, on that account, much inferior, in the fhock of battle, to g ood infantry: And as the whole were new levied troops, we are led to entertain a very mean idea of the military force of thofe ages, which, be- ing ignorant in every ‘tiie art, had not properly cultivated the art of war itfelf ie fole obje& of their attention, Tue King created the ear} of Arundel conftable of his army, and the earls of Warwic eae Harcourt, marefchals: he beftowed the honour of knighthood on the prince of Wales and feveral of the young nobility, immediately’ upon his landing. After deftroying all the fhips in la Hogue, Barfleur, and Cherbourg, he ican his army over the whole country, and gave them an unbounded licence of burning, fpoiling, and plundering every place, of which they became mafters. The loofe difcipline then practifed, could not be much hurt by thefe diforderly practices ; and Edward took care to prevent any durpriz , by giving orders to his troops, however they might difperfe themfelves in the Gay time, always to quarter themfelves at night near the main body. In this manner, Montebourg, Carentan, St. Lo, Valognes, and other places in the Cotentin, were pillaged without refitt- ance ; and an univerfal confternation was fpread over the whole province *. Tue intelligence of this unexpected invafion foon reached Paris; and. threw Philip into great Beep easy: He iffued orders, however, for levying forces in all quarters, and difpatched the count d’Eu, conftable of France, and the count de Tancarville, with a body of troops, to the defence of Caen, a populous and commercial but open city, which lay in the neighbourhood of the Englifh army. The temptation of fo rich a prize, foon allured Edward to approach it; and the inhabitants, encouraged by their numbers, and by the reinforcements which they daily received from the country, ventured, againft the advice of the conftable, to meet him in the field. But their courage failed them on the firft fhock: They fled with precipitation: The counts d’Eu and Tancarville were taken prifoners : The victors entered the city along with the vanquifhed, and a furious maffacre commenced, without diftinction of age, fex, or condition. The citizens, in de- {pair, barricaded their houfes, and affaulted the Englith with ftones, bricks, and every miffile weapon: The Englifh made way by fire to the de aon of the citizens ; Till Edward, anxious to fave both his fpoil and his foldiers, topped the maffacre ; and having obliged the inhabitants to lay down their arms, gave his troops ance to beta a more regular and lefs hazardous plunder of the city. The pillage continued for three days: The King referved for his own fhare the * Froiffart, liv. 1. chap. 122. Vou. Il, ic jewels, —_— hap. XV. 1346. | 194 HISTORY or ENGLAND. jewels, plate, filks, fine cloth, and fine linen; and he beftowed all the remain- der of the fpoil on his army. The whole was embarked on board the fhips, and fent over to England ; together with three hundred of the richeft citizens of Caen, whofe ranfom was an additional profit, which he expected afterwards to levy *. This difmal feene pafled in the prefence of two cardinal legates, who had come to negotiate a peace between the kingdoms. Tue King moved next to Rouen in hopes of treating that city in the fame man- ner; but found, that the bridge over the Seine was already broken down, and that the King of France himfelf was arrived there with his army. He marched along the banks of that river towards Paris, deftroying the whole country, and every town and village, which he met with on his road. Some of his light troops carried their ravages even to the gates of Paris; and the royal palace of St, Germans, together with Nanterre, Ruelle, and other villages, was reduced to afhes within fight of that capital. The Englifh propofed to pafs the river at Poiffy, but found the French army encamped on the oppofite banks, and the bridge at that place, as well as all others upon the Seine, broken down by orders from Philip. Edward now faw, that the French intended to inclofe him in their country, in hopes of attacking him with advantage on all fides: But he faved himfelf by a ftratagem from this perilous fituation. He gave his army orders to diflodge, and to advance farther up the Seine ; but immediately returning by the fame route, arrived at Poiffy, which the enemy had already quitted, in order to attend his motions. He repaired the bridge with incredible celerity, paffed over his army, and having thus difengaged himfelf from the enemy, advanced by quick marches towards Flanders. Fiis vanguard, commanded by Harcourt, met with the townfmen of Amiens, who were haftening to reinforce their King, and defeated them with great flaughter{. He paffed by Beauvais, and burned the fuburbs of that city: But as he approached the Somme, he found himfelf in the fame difficulty as before: All the bridges on that river were either broken down, or ftrongly guarded: An army, under the command of Godemar de Faye, was ftationed on the oppofite banks: Philip was advancing on him from the other quarter, with an army of an hundred thoufand men: And he was thus expofed to the danger of being inclofed, and of ftarving in an enemy’s country. In this extremity, he publifhed a reward to any one, that could bring him intelligence of a paflage over the Somme. A peafant, called Gobin Agace, whofe name has been preferved by the fhare which he had in thefe important tranfactions, wag tempted on this occafion to betray the interefts of his country ; and he informed Edward of a ford below Abbeville, which hada found bottom, and might be paf * Froiffart, liv. 1. chap. 124. + Froiffart, liv, 1. chap, 125. t Froiffart, liv. 1, chap. 125.. B.D> W. AR Dp If. 195 fed without difficulty at low water*. The King haftened thither, but found Chap. XV. Godemar de Faye on the oppofite banks. Being urged by neceflity, he deliberat- 134°. ed not a moment ; but threw himfelf into the river, {word in hand, at the head of his troops; drove the enemy from their ftation; and purfued them to a dif- tance on the plaint. The French army under Philip, arrived at the ford, when the rear guard of the Englith were paffing. So narrow was the efcape, which Edward, by his prudence and celerity, made from this danger! The rifing of the tide prevented the French King from following him over the ford, and obliged that prince to take his rodd over the bridge at Abbeville ; by which fome time was loft. Ir is natural to think, that Philip, at the head of fo vaft an army, was impa- tient to take revenge of the Englifh, and to prevent the difgrace to which he muft be expofed, if an inferior enemy fhould be allowed, after ravaging fo great a part of his kingdom, to efcape with impunity. Edward alfo was fenfible, that fuch muft be the cbjeét of the French monarch; and as he had advanced but a little way before his enemy, he faw the danger of precipitating his march over the plains of Picardy, and of expofing his rear to the infults of the numerous cavalry, in which the French camp abounded. He took therefore a very prudent re- folution : He chofe his ground with advantage near the village of Crecy ; he dif- wes poled his army in excellent order ; he determined to await in tranquillity the ar- 26th Auguf, rival of the enemy ; and he hoped, that their eagernefs to engage, and to pre- vent his retreat, after all their paft difappointmerits, would hurry them on to fome rafh and ill-concerted action. He drew up his army ona gentle afcent, and di- vided them into three lines: The firft was commanded by the prince of Wales, and under him, by the earls of Warwick and Oxford, by Harcourt, and by the lords Chandos, Holland, and other noblemen: the earls of Arundel and Nor- thampton, with the lords Willoughby, Baffet, Roos, and Sir Lewis Tufton, were at the head of the fecond line: He took on himfelf the command of the third divifion, by which he propofed either to bring fuccour to the two firft lines, of to fecure a retreat in cafe of any misfortunes, or to pufh his advantages againft hisenemy. He had likewife the precaution to throw up trenches on his flank, in order to fecure himfelf from the numerous bodies of the French, who might affail him from that quarter ; and he placed all his baggage behind him in a wood, which he alfo fecured by an intrenchment ff. Tue fkill and order of this difpofition, with the tranquillity, in which it was made, ferved extremely to compofe the minds of the foldiers; and the King, that 73 “ Froiffart, liv. 1. chap. 126, 127. + Froiffart, liv. 1. chap. 127. t Froiffart, liv, 1. chap. 128. Gc 3 he O 596 HISTORY ofr ENGLAND. Cap. XV. he might farther infpirit them, rode thro’ their ranks with fuch an air of cheer- 1346. falnefs and alacrity in his countenance, as conveyed the higheft confidence into every beholder. He pointed out to them the neceffity, to which they ‘were at prefent reduced, and'the certain and ‘nevitable deftruction which awaited them, if, in their prefent fituation, enclofed on all hands in an enemy’s country, they trufted to any thing but their own valour, or gave that enemy an opportunity of taking revenge for the many infults and indignities, which they had of late put upon him. He reminded them of the apparent fuperiority which they had hither- +> tmaintained over all the bodies of French troops who had fallen in their way > and affured them, that the greater numbers of the army, which at prefent -hovered over them, gave them not greater force, but was an advantage eafily compenfated bythe order, in which he had placed his own army, and the refolution which he expected from them, He demanded nothing, he faid, but that they would imitate his own example, and that of the prince 6f Wales; and as the honour, the lives, the liberties of all, were now expofed to the fame danger, he was confident, that they would made one common effort to extricate themfelves from the prefent dif- ficulties, and that their united courage would give them the victory over all their enemies. | | : Ir is related by fome iftorians *, that Edward, befides the refources, which he found in his own genius and prefence of mind, employed alfo a new inven- tion againft the enemy, and placed in his front fome pieces of artillery, the firft which had yet been made ufe 6f on any remarkable occafion in Europe. This is the epoch of one of the moit fingular difcoveries, which has been made among mens: and which changed by degrees the whole art of war, and by confequence many circumftances in the political government of Europe. But the ignorance of that age, in the mechanical arts, rendered the progrefs very flow of this new inven- tion, The artillery firft framed, were fo clumfy and of fuch difficult manage- ment, that men were not immediately fenfible of their ufe and efficacy: And even to the prefent times, improvements have been continually making on this furious engine, which, tho’ it feemed contrived for the deftruction of mankind, and the. overthrow of empires, has in the iffue rendered war much lefs bloody, and has given greater ftability to civil focieties. Nations, by its means, have been brought more to a level : Conquefts have become lefs frequent and rapid: Succefs in war has been reduced nearly to be a matter of calculation: And any nation, over- matched by its enemy, either yields to their demands, or fecures itfelf by alliances againft their violence and invafion. * Jean Villani, lib. 12. cap. 66. THE BoD) WAL R Oe ie 197 Tz invention of artillery was at this time known in France as well as in eng land * ; but Philip, in his hurry to overtake the enemy, had probably left hi cannon behind him, which he regarded as an ufelefs incumbrance. All his other movements difcovered the fame imprudence and precipitation. Impeiled by an- ger, a dangerous counfellor, and trufting to the great fuperiority of his numbers, he thou; ght. that all depended on forcing an engagement with the Ep ghif 1, and that if he could once reach the enemy in their retreat, the victory on his fide was, cer- tain and inevitable. He made a hafty march in great diforder from Abbeville ; but after he had advanced above two leagues, fome gentlemen, whom he had {ent before to take a view of the enemy, returned to him, and brought him. in- telligence, that they had feen the Englifh drawn up in excellent order, and await- ing his arrival. They therefore advifed him to defer the combat til! the enfuing da when his army would have recovered from their fatigue, and mi ight be dif- pofed into better order, than their prefent hurry had permitted them to obferve. Philip affented to this council; but the former precipitation of his march, and the impatience of the French nobility, made it impracticable for him to put if in execution. One divifion prefled upon another: Orders to ftop were not fea- fonably conveyed to all of them: This immenfe body was not governed by -fuffi- cient difcipline to be manageable: And the French army, very imperfe@tly formed into three lines, arrived, already fatigued and difordered, in prefence of the ene- my. The farft line, confifting of 15,000 Genoefe crofs-bow men, were com- manded by Anthony Doria, and Charles Grimaldi: The fecond was led by the count d’Alengon, brother to the King: The King himfelf was at the head of the third. Befides the French monarch, there were no lefs than three crowned heads in this engagement: The King of Bohemia, the King of the Romans, his fon, and the King of Majorca; with all the nobility and great.vaflals of the crown of France. [he army now confifted of above 120,000 men, near four times the number of the enemy. But the prudence of one man was {uperior to the advan- tage of all this force and f{plendor. Tae Englifh, on the approach of the enemy, kept their ranks firm and im- moveable ; and the Genoefe firft began the attack. There had happened, a little pahors the engagement, a thunder ihower, which had moiftened and re- dJaxed the {trings of the Genoefe crofs-bows ; and their arrows for this reafon fell’ fhort of the enemy. The Englifh archers, ta king their bows out of their cafess poured in a fhower of arrows upon this multitude who were oppofed to them ; and foon threw them into diforder. The Genoele fell back uv; pon the Genfdar- *- Du Cange Gloff. in verb. Bombarda, a Mes: Chap. XY. 1346, 198 HISTORY or ENGLAND. mes of the count d’Alencon * ; who, enraged at their cowardice, ordered his troops to put them to the fword. The artillery fired amidft the crowd ; the Englith archers ftill continued to fend in their arrows among them; and nothing was to be feen in that vaft body but hurry and confufion, terror and difmay. The young prince of Wales had the prefence of mind to take advantage of this fituation, and to lead on his line to the charge. The French cavalry, however, recovering fomewhat their order, and encouraged by the example of their leader, made {tout refiftance; and having at laft cleared themfelves of the Genoefe run- aways, advanced upon their adverfaries, and by their fuperior numbers began to hem them round. The earls of Arundel and Northampton advanced their line ro fuftain the prince, who, ardent in his firtt feats of arms, fet an example of valour, which was imitated by all his followers. The battle became for fome time hot and dangerous, and the earl of Warwick, apprehenfive of the event from the fuperior numbers of the French, difpatched an officer to the King, and defir- ed him to fend fuccours to the relief of the prince. Edward had chofen his fta- tion on the top of the hill; and he furveyed in tranquillity the fcene of action, when the meffenger accofted him. His firft queftion was, whether the prince was flain or wounded. On receiving an anfwer in the negative, Return, faid he, to my fon, and tell bim that I referve the honour of this day to him: I am confident, that he will fhow bimfelf worthy of the honour of knighthood, which I fo lately con- ferred upon bim: He will be able without my affiftance to repel the enemyt. This {peech, being reported to the prince and his attendants, infpired them with new courage. They made an attack with redoubled vigour on the French, in which the count d’Alencon was flain: That whole line of cavalry was thrown into dif- order: The riders were killed or difmounted: The Welfh infantry rufhed into the throng, and with their long knives cut the throats of all who had fallen; nor was any quarter given that day by the conquerors i Tue King of France advanced in vain with the rear to fuftain the line com- manded by his brother: He found them already difcomfited; and the example of their rout encreafed the confufion, which was before but too prevalent in his own body. He had himfelf a horfe killed under him: He was remounted; and tho’ left almoft alone, he feemed ftill determined to maintain the combat; when John de Hainault feized the reins of his bridle, turned about his horfe, and car- ied him off the field of battle. The whole French army took to flight, and were followed and put to the {word without mercy by the victors ; til] the dark- nefs of night put an end to the purfuit. The King, on his return to the camp, flew into the arms of the prince of Wales, and exclaimed: My brave fon: Perfe- * Fyoiffart, liv. 1. chap. 130. + Froiffart, liv. 1 chap. 130. t Froiffart, liv. 1. chap. 130. Vere PPI ae ee ee ei - (agit ae oe (ie ‘ ; — 4 BoD Wi Pe RB a 199 vere in your honourable courfe: You are my fon; for valiantly have you acquitted Chap. XV. yourself to day: You have foown your felf worthy of empire *. Tuts battle, which is known by the name of the battle of Crecy, began af- ter three o’clock in the afternoon, and continued till evening. The next morning was fogey ; and as the Englifh obferved, that many of the enemy had loft their way in the night and in the mift, they employed a ftratagem to bring them into their power: They erected on the eminences fome French ftandards which they had taken in battle; and all, who were allured by this falfe fignal> were put to the fword, and no quarter given them. In excufe for this inhumanity, it was alledged that the French King had given out like orders to his troops ; but the real reafon probably was, that the Englifh, in their prefent fituation, did not care to be encumbered with prifoners. On the day of battle and on the enfuing, there fell, by a moderate computation, 1200 knights, 1400 gentlemen, 4000 men at arms, befides about 30,000 men of inferior rank +. Many of the prin- cipal nobility of France, the dukes of Lorraine and Bourbon, the earls of Flan- ders, Blois, Harcourt, Waudemont, Aumale, were left on the field of battle. The Kings alfo of Bohemia and Majorca were flain: The fate of the former was remarkable: He was blind from age; but being refolved to hazard his perfon, and fet an example to others, he ordered, the reins of his bridle to be tied on each fide to the horfes of two gentlemen of his train; and his dead body, and thofe of his attendants, were afterwards found among the flain, with their horfes ftanding by them in that firuation t. His creft was three oftrich feathers; and his motto thefe German words, Ich dien, I ferve: Which the prince of Wales and his fucceffors adopted in memorial of this great vi€tory. The action may feem no lefs remarkable for the {mall lofs of the Englifh than for the great flaughter of the French : There were killed in it only one efquire and three knights §, and ve. ry few of inferior rank; a demonftration, that the prudent difpofition made by Edward, and the diforderly attack of the French, had rendered the whole rather a rout than a battle, which was indeed the common cafe with engagements in thofe times. Tue great prudence of Edward appeared not only in obtaining this memor™ able victory, but in the meafures, which he purfued after it. Not elated by his prefent profperity fo far as to expect the total conqueft of France or of any confi- derable provinces; he propofed only to fecure an eafy entrance into that king- dom, which might afterwards open the way to more moderate advantages. He knew the extreme diftance of Guienne: He had experienced the difficulty and * Froiffart, liv. 1. chap. 131. + Froiffart, liv. 1. chap. 131. Knyghbton, p. 2588. t Froiffart, liv. 1. chap. 130. Walfingham, p. 166, § Knyghton, p. 2588. i uncer- 1340. ‘ ] ' { t | i | ‘ 1, 1] : | r \ ih) } yee i H i i i! H i } ' | i j : H| \ HG i : i | | ' it i bi H } ae (mnie. iI 1 ” | ‘ : Ht i | : iii +e ili A 3 ig 1s i” ' : i ait BP | i 1 | { Hat Bh Sate - in 7 j Hi i i i : f } ib : t i - p i i " i) i} ; } { : yi] i a eae an i : t 0) aa : th if \ et ae i" ‘ : | | if 4 eb i 4 by iit in} dh } if HW Gti i t TE te ‘aus | f Bt V inf ; rine ni } mi ie 1 4 j : ’ ; ht! } Ai & ; a ih aH : a) aby || Ry NOL. Gh ‘ti a } ; “ f i ; D ' Chap. XV. 1346, 200 Mita OO Rig 1O8 ENGLAN D. ; uncertainty of penetrating on the fide of the low uicoagieied “ne ne a eee at much of his authority over Flanders by the -death ol Artevilie, wno rad, een murdered by the populace themfelves, his former paticanaae aa aged ed transfer the. fovereignty of that province to the prince of W et : : The ngs therefore, limited his ambition to the conquelt of Calais; and ee ig caniple of a few days, which he employed in interring the flain, he marched with his victorious army, and prefented himfelf before that place. | ; Joun DE VIENNE, a valiant knight of Burgundy, was governor of Calais, and being fupplied with every thing necefiary for defence, he whee + sa ste tia to perform to the utmoft their duty to their King and country. «£ ‘ es ; fenfible from the beginning, that it was in vain {Co attempt the place by | orce, propofed only to reduce it by famine: He chote a fecure ftation stipes camp 5 drew intrenchments around the whole city; raifed huts for his foldiers, which lready loft “he covered with ftraw or broom ; and provided his army with all conveniencies, to make them endure the winter feafon, which was approaching. As the gover: nor foon perceived his intention, he put out all the ufelefs mouths, which might confume his provifions 5 and the King had the generofity to allow thefe nehepry people to pafs thro” his camp; and he even fupplied them with money for their journey T. | | Wuuite Edward was employed in this fiege, which continued near a twelve- month, there paffed in different places many other events; and all to the honour f the Englifh arms. © THE sere of the duke of Normandy from Gutenne left the earl of ets mafter of the field; and he was not negligent in making his co tae os the fu- periority. He took Mirebeau by affault: He nade himfelf matter 7 tgp sa the fame manner: Taillebourg and St. Jean d’ Angeli fell ini ut oe $: Poidtiers opened its gates to him ; and Derby having thus broke down all ZA “8g tiers on that quarter, carried his incurfions to the banks of the Loire, anc le that quarter of France with horror and devaftation {. | , | Tur flames of war were at the fame time kindled in Brittany. ei . Blois invaded that province with a confiderable army, and invefted the ing of Roche de Rien ; but the countefs of Mountfort, reinforced by = ro a troops under Sir Thomas Dagworth, attacked him during the ai in 4 - trenchments, difperfed his army, and took himfelt prifoner §. is wi - y whom he enjoyed his pretenfions to Brittany, compelled by the prefent necellity, iv. 1. chap. 133. t Froiffart, liv. 2. * Froiffart, liv. 1. chap. 116. + Froiffart, liv. 1. chap. 133 : chap. 136, § Froiffart, liv. 1. chap. 143. Walfingham, p. 168. Ypod. Neuf. p.517, 518, took E. DWAR D = dik it aw took on her the government of the party, and proved herfelf a rival in every Chap, XV, fhape and an antagonift to the countefs of Mountfort, both in the field and in 134% the cabinet. And while thefe heroic dames prefented this extraordinary fcene to the world, another princefs in England, of ftill higher rank, fhowed herfelf no lefs capable of exerting every manly virtue. Tue Scottifh nation, after long fupporting, with incredible perfeverance, their yy... wih, liberties againft the fuperior force of the Englith, recalled their King, David Bruce, Scotland, in 1342. ‘Tho’ that prince, neither by his age nor capacity, could bring them great affiftance, he gave them the countenance of fovereign authority ; and as E.dward’s wars with France proved a great diverfion to his forces, they rendered the balance more equal between the two kingdoms. - In all the truces, which Edward concluded with Philip, the King of Scotland was comprehended; and when-Edward made his laft invafion upon France, David was ftrongly folicited by hisally to break alfo the truce, and to invade the northern counties of Eng- Jand. Thenobility of his nation being always forward in fuch incurfions, David foon muftered a great army, entered Northumberland at the head of above 50,000 men, and carried his ravages and devaftations to the gates of Durham *, But Queen Phillippa, affembling a body of little more than 12,000 men +, which fhe entrufted to the command of lord Piercy, ventured to approach him at Ne- ville’s Crofs near that city; and riding thro’ the ranks of the army, exhorted every man. to do his duty, and to take revenge on thofe barbarous ravagers f ; Nor could fhe be perfuaded to leave the field, till the armies were on the point 17th O&r, of engaging. The Scots have been often unfortunate in the great pitched bar- tles, which they fought with the Englith ; and that tho’ they commonly declined {uch engagements where the fuperiority of numbers was not on their fide: But never did they receive a more fatal blow than the prefent. They were broke and chaced off the field: Fifteen thoufand of them, fome hiftorians fay twenty thou- fand, were flain; among whom were Edward Keith, earl Marefchal, and Sir Thomas Charteris, chancellor : And the King himfelf was taken prifoner, with Captivity of the earls of Sutherland, Fife, Monteith, Carric, lord Douglas, and many other the King of noblemen §. Scots, Paituippa, having fecured her royal prifoner in the Tower ||, croffed the fea at Dover; and was received in the Englifh camp before Calais with all the tri- umph, which was due to her rank, her merit, and her fuccefs. This age was the reign of chivalry and gallantry : Edward’s court excelled in thefe accomplifh- — ments as much as in policy and arms: And if any thing could juitify the obfe- * Froiffart, liv. 1. chap. 137. + Froiffart, liv. 1. chap. 138. + Froiffart, liv. 1. chap. 138. § Froiffart, liv. 1. chap. 139, | Rymer, vol.v. p. 537. Vou. II, Dd quious Chap. XV. 13.46. ¥347- Calais taken. 202 HISTORY or ENGLAN D. quiotis devotion then profefied to the fair fex, it muft be the appearance of fuch extraotdinary women as fhone forth during that period. Tue town of Calais had been defended with remarkable vigilance, conftancy and bravery by the townfmen, during a fiege of unufual length: But Philip, in- formed of their diftreft condition, determined at laft to attempt their relief ; and he approached the Englifh with an immenfe army, which the writers of that age make amount to 200,000 men. But he found Edward fo furrounded with morafies,, and fecured by entrenchments, that without running on inevitable deftruction,. he concluded it impoffible to make an attempt on the Englifh camp. Ee had no other refource than to fend his rival a vain challenge to meet him in the open field ; which being refufed, he was obliged to decamp with his army;>. and difperfe them into their feveral provinces *. Joun pz Vienne, the governor of Calais, now faw the neceffity of furrender- ing his fortrefs, which was reduced to the lat extremity by famine and the fa- tigue of the inhabitants. He appeared on the walls, and made a fignal to the Eng- Vith fentinels that he defired a conference. Sir Walter Manny was fent to him by Edward. “ Brave knight,” cried the governor, ‘°° I have been entrufted by my s¢ fovereign with the command of this town: It is almoft a year fince you be- ‘s freped mes and I have endeavoured, as well as thofe under me, to do our duty: But you are acquainted with our prefent condition : We have no hopes of relief; we are perifhing with hunger; I am willing therefore to furrender,. “sand defire, as the fole condition, to enfure the lives and liberties of thefe brave men, who have fo long fhared with. me every danger and fatigue T.”” Manny replied, that he was well acquainted with the King of England’s in- tentions; that that prince was incenfed againft the townfmen of Calais for their “pertinacious refiftance, and for the evils which they had made him and his fub- jects fuffer; that he was determined to take exemplary vengeance of them, and would not receive the town On any conditians which fhould confine him in the punifhment of thefe offenders. “ Conficler,”” replied Vienne, “* that this is not <¢ the treatment to which brave men are intitled : If any Englifh knight had been. ‘¢ in my fituation, your King would have expected the fame conduct from him. ‘© The inhabitants of Calais have done for their fovereign what merits the efteem of every prince; much more of fo gallant a prince as Edward. But I inform «© you, that, if we muft perifh, we fhall not perifh unrevenged ; and’ that we “ ase not yet fo reduced, but we can fell our lives at a high price to the vic- ® Froiffart, liv. 1. chap. 144, 15. Avelbury, Pp» 161, 162. + Froiflart,. liv. r. chap: 146. - © tors, E.D-W A RD . 203 ‘¢ tors, It is the intereft of both fides to prevent thefe defperate extremities ; ‘¢ and I expect, that you yourfelf, brave knight, will interpofe your good offices ‘¢ with your prince in our behalf,” Mawny was ftruck with the juftnefs of thefe fentiments, and reprefented to the King the danger of reprizals, if he fhould give fuch treatment to the inhabi- tants of Calais. Edward was at laft perfuaded to mitigate the rigour of the con- ditions demanded: He only infifted, that fix of the moft confiderable citizens fhould be fent him to be difpofed of as he thought proper; that they fhould come to his camp carrying the keys of the city in their hand, bareheaded and barefoot- ed, with ropes about thetr necks: And on thefe conditions, he promifed to {pare the lives of all the remainder *. WueEn this intelligence was conveyed to Calais, it ftruck the inhabitants with new confternation. To facrifice fix of their fellow citizens to certain deftruétion, for fignalizing their valour in a common caufe, appeared to them even more fevere than that general punifhment, with which they were before threatened ; and they found themfelves incapable of coming to any refolution in fo cruel and diftrefsfyl a fituation. At laft one of the principal inhabitants called Euftace de St. Pierre, whofe name deferves to be recorded, ftept forth, and declared himfelf willing to encounter death for the fafety of his friends and companions: Another, animated by his example, made a like generous offer: A third and a fourth prefented themfelves to the fame fate; and the whole number required was foon compleat- ed. “Thefe fix heroic burgeffes appeared before Edward in the guife of malefac- tors, laid at his feet the keys of their city, and were ordered to be led to execu- tion, IJtis furprizing, that fo generous a prince fhould ever have entertained fuch a barbarous purpofe againft fuch men; and ftill more that he fhould ferioufly per- fift in the refolution of executing ity. But the entreaties of his Queen faved his memory from that infamy : She threw herfelf on her knees before him, and with tears in her eyes begged the lives of thefe citizens. Having obtained her requeft, fhe carried them into her tent, ordered a repaft to be fet before them, and after making them a prefent of money and cloaths, difmified them in fafety f. Tue King took poffeflion of Calais; and immediately executed an act of ri- gour, more juftifiable becaufe more neceflary, than that which he had before re- folved on. He knew, that, notwithftanding his pretended title to the crown * -Froiffart, liv. 1. chap. 146. + This ftory ofthefix burghers of Calais, like all other extraordinary ftories, is fomewhat to be fufpefted; and. fo much the morejas Avefbury, p. 167, who is particular in his narration of the far- render of Calais, fays nothing of it ; and.on the contrary extols in general the King’s generofity and Aenity to the inhabitants, t Froiffart, liv. 1, chap. 146. Dd 2 : of Chap. X¥. 1347s 4th Aug. —+— ee SET ee ae a = : / BY hy ft i ie” as mt | Vie 5 we bike Ba a { 1h (} » Mo | ee | 3 ; ae fl : digs aes { ae Ave we 4 Lad | Poe. +} ty wie i L oH y) et 7] | HH] ov} a. i mie v4 uh yt 1348. 8349» xf January E) 204 TIsSTORY of ENGLAND. ‘'y Frerchman reg 1 him as al enemy; and he therefore . of France,’every rrercnman reoarded him as a mort V3 ordered all the inhabitints of Calais to evacuate the town, and he peopled it anew with Englifh ; a policy which probably preferved fo long to his fucceffors the do- minion of that impor:ant fortrefs. He made it the ftaple of wool, leather, tin, and lead ; the four chief, if not the fole commodities of the kingdom, for which there was any confiderable demand in foreign markets. All the Englifh were obliged to bring thither thefe goods : Foreign merchants came to the fame place in cotder to purchafe them: And at a period, when pofts were not eftablifhed, and when the communicetion between ftates was fo imperfect, this inftitution, tho’ it hurt the navigation of England, was perhaps of advantage to the kingdom. Turo’ the mediation of the Pope’s legates, Edward concluded a truce with France; but even during this ceffation of arms, he had very nearly loft Calais, the fole fruit of all his boafted victories. The King had entrufted that place to the command of Aimery de Pavie, an Italian, who had difcovered bravery and condué in the wars, but was utterly devoid of.every principle of honour and fidelity. This man agreed to deliver up Calais for the fum of 20,000 crowns ; and Geoffrey de Chai, who commanded the French forces in thofe quarters, and who knew, that, if he fucceeded in this fervice, he fhould not be difavowed, ventured, without confulting his mafter, to conclude the bargain with him. Ed- ward, informed of this treachery, by means of Aimery’s fecretary, fummoned the governor to London on other pretences ; and having charged him with the guilt, promifed him his life, but on condition, that he would turn the contriv- ance to the deftruétion of the enemy. The Italian eafily agreed to this double treachery. A day was appointed for the admifiion of the French ; and Edward, having prepared a force of about a thoufand men, under Sir Walter Manny, fe- cretly departed from London, carrying with him the prince of Wales ; and without being fufpected, arrived the evening before at Calais. He made a proper difpofition for the reception of the enemy; and kept all his forces and the garrifon under arms. On the appearance of Charni, a chofen troop of French foldiers was admitted at the poftern, and Aimery, receiving the ftipulated fum, promifed, that with their af- fiftance he would immediately open the great gate to the army, who were waiting with impatience for the fulfilling of hisengagement. All the F rench, who enter- ed, were immediately flain or taken prifoners; The great gate opened: Edward rushed forth with cries of battle and of viétory: The French, tho’ aftonifhed at this event, behaved with valour: A fierce and bloody engagement enfued. As the morning broke, the King, who was not diftinguifhed by his arms, and who fought asa private man under the ftandard of Sir Walter Manny, remarked a X French ED! We ae -R YDS OT. 20% French gentleman, called Euftace de Ribaumont, who exerted himfelf with fingu- Jar vigour and bravery ; and he was feized with a defire of trying a fingle combat with him. He ftept forth from his troop, and challenging Ribaumont by name, (for he was known to him) began a fharp and dangerous encounter. He was twice beat to the ground by the valour of the Frenchman: He twice recovered himfelf: Blows were redoubled with equal force on both fides: The victory was long undecided: Till Ribaumont, perceiving himfelf to be left almoft alone;, called out to his antagonift, Sir knight, 1 yield my/elf your prifoner; and at the fame time delivered his {word to the King. Moft of the French, being over- powered by numbers, and intercepted in their retreat, were either flain or taken prifoners *. } Tue French officers, who had fallen into the handsof the Englifh, were con- ducted into Calais; where Edward difcovered to them the antagonift with whom they had had the honour to be engaged, and treated them with great regard and courtefy. They were admitted to fup with the prince cf Wales, and the Englifh nobility ; and after fupper, the King himfelf came into the apartment, and went about, converfing familiarly with one or other of his prifoners. He even ad- drefled himfelf in an obliging manner to Charni, and avoided reproaching him with the treacherous attempt, which he had made upon Calais during the truce : But he openly beftowed the higheft encomiums on Ribaumont; called him the moft valorous Knight whom he had ever been acquainted with; and confefled, that he had at no time been in fo great danger as when engaged in combat with him. He then took a ftring of pearl, which he wore about his own head, and throwing it over the head of Ribaumont, he faid to him, ‘* Sir Euftace, I beftow ‘© this prefent upon you, as a teftimony of my efteem for your bravery: And I ‘*¢ defire you to wear it a year for my fake: I know you to be gay and amorous ; ‘© and to take delight in the company of ladies and damfels: Let them all know ‘¢ from what hand you had the prefent: You are no longer a prifoner; I acquit “‘ you of your ranfom; and you are at liberty to-morsow to difpofe of yourfelf *¢ as you think proper.” Noruine can more evidently prove the vaft fuperiority of the nobility and gentry above all the other orders of men during thofe ages, than the extreme dif- ference which Edward made in his treatment of thefe French knights, and that of the fix citizens of Calais, who had exerted much more fignal bravery in a caule much more juftifiable and more honourable. * Froiffart, liv, 1, chap, 140, 141, 142, CHAP. Chap. XV. 1349+ a6 HISTORY of ENGLAND. RD os Seats Spa a XVI. Ben WAR pe ae Inftitution of the garter State of France Battle of Porétiers Captivity of the King of France State of that kingdom Inva-- fion of France Peace of Bretigni State of France Expe- dition into Caftile Rupture with France lifh Death of the prince of Wales the King Ill fuccefs of the Eng- Death and character of Mifcellaneous tranfactions in this reign. ff Byes prudent conduct and great fuccefs of Edward in his foreign wars had excited a ftrong emulation and a military genius among the Englifh nobi- lity ; and thefe turbulent barons, over-awed by the crown, gave now a more ufe- ful dire€tion to their ambition, and attached themfelves to a prince, who led them 1349: ‘to the acquifition of glory and of riches. ‘That he might farther promote the fpi- rit of emulation and obedience, the King inftituted the order of the garter, in ‘mitation of fome orders of a like nature, religious as well as military, which Inftitution of had been eftablifhed in different countries of Europe. ‘The number received into the garter. ‘this order confifted of twenty-four perfons, befides the fovereign; and as it has never been enlarged, this badge of diftin€tion continues as honourable as at its firft inftitution, and is ftill a valuable, tho’ a cheap, prefent, which the prince can confer on his greateft fubjeéts. A vulgar ftory prevails, but is not fupported by any antient authority, that, at a court-ball, Edward’s miftrefs, commonly fup- pofed to be the countefs of Salifbury, dropt her garter ; and the King, takicg it up, obferved fome of the courtiers to fmile, as if he had not obtained this favour merely by accident: Upon which he called out, Honi foit qui mal y penfe, Evil to him that-evil thinks; and as every incident of gallantry among thefe antient warriors was magnified into a matter of great importance *, he inftituted the ® There was.a Gngular inftance about this time of the prevalence.of chivalry and gallantry in the mations of Europe. A folemn duel of thirty knights againft thirty was fought between Bembrough, an Englifhman, and Beaumanoir, a Breton, of the party of Charles de Blois, ‘The knights of the two Nations came into the field; and before the combat began, Beaumanoir ‘called out, that it woald be feen that day qwho had the fairéf? miftrefes. Afcer'a bloody combat the Bretons prevailed); -and gained for their prize full liberty to boat of their miftrefles beauty. Itisremarkable, that two fuch famous generals as fir Robert Knolles, and fir Hush Calverley, drew their fwords in this ridiculous conteft, See Pere Daniel, vol. ii. p. 536, 537,:&c. The women not only inftigated the champions to thefe rough, if not bloody frays of tournament; but alfo frequented the tournaments during all the reign of Edward, whofe fpirit of gallantry encouraged this practice. See Kayghton, p. 2597. _ arder EDWARD ITT, 207 order of the garter in memorial of this event, and gave thefe words as the motto Chap. XVI; of the order. ‘This origin, tho’ frivolous, is not unfuitable to the manners of the 1349 times; and. it is indeed difficult by any other means to account either for the feemingly unmeaning terms of the motto, or for the peculiar badge of the gar~ ter, which feems to have no reference to any purpofe either of military ufe or or- nament. Bur afudden damp was thrown over this feftiviry and triumph of the court of England, by a deftructive peftilence, which invaded that kingdom as well as the reft of Europe ; and itis computed to have fwept away near a third of the in- habitants in every country, which it attacked, Ir was probably more fatal in great cities than in the country ; and above fifty thoufand fouls are faid to have perifhed by it in London alone *. This malady difcovered itfelf firft in the north of Afia, was fpread over all that country, made a progrefs from one end of Europe to an- other, and fenfibly depopulated every ftate thro’ which it pafled. So grievous a calamity, more than any cordiality among the princes, ferved to maintain and pro- Yong the truce between France and England. Dvurine this truce, Philip de Valois died, without being able to re-eftablfh the affairs of France, which his bad fuccefs againft England had thrown into the moft extreme diforder. This monarch, during the firft years of his reign, had obtained the appellation of For/unate, and acquired the chara¢ter of prudent . but he ill maintained either the one or the other; lefs from his own fault, than: becaufe he was over-matched by the fuperior fortune and fuperior genius of Ed- ward. But the incidents in the reign of his fon, John, gave the French nation: reafon to regret even the calamitous times of ‘his predeceffor; John was diftin- euifhed by many virtues, particularly a fcrupulows honour and fidelity : He was not deficient in perfonal courage: But as he wanted that mafterly prudence and: forefight, which his difficult firuation required, his kingdom was at the fame time torn in pieces by inteftine commotions, and oppreffed with foreign wars. The = chief fource of all its calamities, was Charles King of Navarre, who received the state oF epithet of the dad or wicked, and whofe aétions fully entitled him to that appellation, Frances This prince was defcended by males of the blood royal of France; his mother was a daughter of Lewis Hutin; he had himfelf efpoufed a daughter of King John : Bat all thefe ties, which ought to have connected him with the throne, gave him only greater ability to fhake and overthrow it. In his perfonal qualities, he was * S owe’s Survey, p.478. There were buried 50,c00 bodies in one church-yard, .which-fir, Walter Manny had bought for the ufe of the poor, ‘Ihe fame author fays, that there died above 50,000 per-- sons of the plague in Norwigh, which is quite incredible, | courteous; Chap. XVI. 1354: 4355: 208 HISTORY or ENGLAN D. courteous, affable, engaging, eloquent ; full of infinuation and addrefs; inex- hauftible in. his refources; active and enterprizing. But thefe fplendid accom- plifhments were at the fame time attended with fuch defects, as rendered them per- nicious to his country, and even ruinous to himfelf : He was fickle, inconftant, faithlefs, revengeful, malicious : Reftrained by no principle or duty: Infatiable in his pretenfions : And whether fuccefsful or unfortunate in one enterprize, he im- mediately undertook another, in which he was never deterred from employing the moft criminal and moft difhonourable expedients. Tus conftable, d’Eu, who had been taken prifoner by Edward at Caen, reco- vered his liberty, on the promife of delivering to that prince, as his ranfom, the town of Ghifnes, near Calais, of which he was fuperior lord: But as John was offended at this ftipulation, which, if fulfilled, opened ftill farther that frontier to the enemy, and as he fufpected the conftable of more dangerous connexions with the King of England, he ordered him to be feized, and without any legal or for- mal trial, put him to death in prifon. Charles de Ja Cerda was appointed con- ftable in his place ; and had a like fatal end : The King of Navarre ordered him to be aflaffinated ; and fuch was the weaknefs of the crown, that this prince, in- ftead of dreading punifhment, would not fo much as agree to afk pardon for his offence, but on condition, that he received an acceffion of territory, and had John’s fecond fon put into his hands, as a fecurity for his perfon, when he came to court, and performed this act of mock penitence and humiliation before King John *. Tue two French princes feemed entirely reconciled ; but this diffimulation, to which John fubmitted from neceflity, and Charles from habit, did not long conti- nue; and the King of Navarre knew, that he had reafon to apprehend the mott fe- vere vengeance for the many crimes and treafons which he had already committed, and the {till greater, which he intended to commit. To enfure himfelf of protec- tion, he entered into a fecret correfpondence with England, by means of Henry earl of Derby, now earl of Lancafter, who at that time was employed in fruitlefs nego- tiations for peace in Avignon, under the mediation.of the Pope. John difcovered this correfpondence ; and to prevent the fatal effects of it, he fent down forces into Normandy, the chief feat of the King of Navarre’s power, and attacked his caftles and fortrefles. But hearing that Edward had prepared an army to {upport his ally, he had the weaknefs to propofe an accommodation with Charles, and even to give this traiterous fubject the fum of an hundred thoufand crowns, as the pur- chafe of a feigned reconcilement, which rendered him ftill more dangerous, “The * Froiffart, liv. 1. chap. 144. King Ee ae ee lit. 209 King of Navarre, infolent from paft impunity, and defperate from the dangers, Chap. XVI. which he apprehended, continued {ftill his intrigues ; and affociating himfelf with *35%: Geoffrey de Harcourt, who had received his pardon from Philip de Valois, but perfevered ftill in -his factious difpofitions, he encreafed the number of his parti- zans in every part of the kingdom. He even feduced by his addrefs, Charles, the King of France’s eldeft fon, a youth of feventeen years of age, who was the firft that bore the appellation of Dauphin, by the re-union of the province of Dauphiny to the crown. But this prince, being made fenfible of the danger and folly of thefe connexions, promifed to. make atonement for the offence by the fa- crifice of his affociates ; and in concert with his father, he invited the King of Na- varre, and other noblemen of the party, to a feaft at Rotien, where they were betrayed into the hands of John. Some of the moft obnoxious were immediately led to execution; the King of Navarre was thrown into prifon*: But this ftroke of feverity in the King, and of treachery in the Dauphin, was far from proving decifive in maintaining the royal authority. Philip of Navarre, brother to Charles, and Geoffrey d’Harcourt, put all the towns and caftles belonging to that prince in a pofture of defence; and had immediate recourfe to the protection of England in this defperate extremity. Tue truce between the two kingdoms, which had always been very ill obferved on both fides, was now expired; and Edward was entirely free to fupport the French malecontents. Well pleafed, that the factions in France had at laft gained him fome partizans in that kingdom, which his pretenfions to the crown had never been able to procure him, he propofed to attack his enemy both on the fide of Guienne, under the command of the prince of Wales, and on that of Calais, in his own perfon. | | Younc Edward arrived in the Garronne with his army, on board a fleet of three hundred fail, attended by the earls of Warwic, Salifbury, Oxford, Suffolk, and other Englifh noblemen. Being joined by the vaffals of Gafcony, he took the field ; and as the prefent diforders in John’s affairs prevented every proper plan of defence, he carried on with impunity his ravages and devaftations, according to the mode of war in that age. He reduced all the villages and feveral towns in Languedoc to afhes: He prefented himfelf before Tholoufe; paffed the Garronne, and burned the fuburbs of Carcaffonne; advanced even to Narbonne, laying every thine wafte around him: And after an incurfion of fix weeks, returned with a vaft booty and many prifoners to Guienne, where he took up his winter quarters + The conftable of Bourbon, who commanded in thofe provinces, received ortlers, * Froiffart, liv. 1,-chap. 146, Avefbury, p. 243. + Froiffart, liv. 1, chap. 144, Vou. I, . 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XVI 135$5° i 210 HISTOR. Y-or ENGLAN D. though at the head of a fuperior army, on no account to run the hazard of a battle. Tue King of England’s incurfion from Calais was of the fame nature, and attended with the fame iffue. He broke into France at the head of a numerous army ; to whom he gave a full-licence of plundering and ravaging the open coun- try. He advanced to St. Omer, where the King of France was pofted; and on the retreat of that prince, followed him to Hefdin*. John ftill kept at a dif- tance, and declined an engagement: But in order to fave his reputation, he fent Edward a challenge to fight a pitched battle with him; an ufual bravade in that: age, derived from the practice of fingle combat, and ridiculous in the art of war, The King, finding no fincerity in this defiance, retired to Calais, and thence went over to England, in order to defend that kingdom againft a threatened inva- fion of the Scots. Tue Scots, taking advantage of the King’s abfence, and that of the military power of England, had furprized Berwic ; and had collected an army with a view of entering and committing ravages upon the northern provinces: But on the approach of Edward, they abandoned that place, which was not tenable, while the caftle was in the hands of the Englifh; and retiring to their mountains, gave the enemy a full liberty of burning and deftroying the whole country from Ber- wic to Edinburgh+. Baliol attended Edward on this expedition; but finding, that his conftant adherence to the Englifh had given his countrymen an uncon- querable averfion to his title, and that he himfelf was declining through age and infirmities, he finally refigned into the King’s hands his pretenfions to the crown of Scotland {, and received in lieu of them, an annual penfion of 2000 pounds, with which he paffed the remainder of his life in privacy and retirement. Durine thefe military operations, Edward received information of the encreaf- ing diforders in France, arifing from the feizure of the King of Navarre and he: fent Lancafter at the head of a fmal! army, to fupport his partizans in Normandy. The war was conducted with various fuccefs; but chiefly to the difadvantage. of the French malecontents; till an important event happened in the other quarter ef the kingdom, which had well nigh proved fatal to the monarchy of France, and threw every thing into the utmoft confufion, Tue prince of Wales, encouraged by the fuccefs of the preceding campaign, took the field with an army, which no hiftorian makes amount to above 12,000 * Froifiait, liv. 1. chap. 144. Avefbury, p. 206. ~Walfing. p. 171. f Walfing. p. 1714, t Rymer, vol. v.. p.823.. Ypod., Neuf. p. 521. MED,, at ae! Ae TD ITT, 21 poet rm men, and of which not a third were Englifh; and with this call body, he ven- Chas. xvt. tured to penetrate into theheart of France. After ravaging the Agenois, Quercy, 1356. and the Limoufin, he entered the province of Berry; and made fome attacks, tho’ without fuccéfs; on the towns of Bourges ahd Ifoudig. It appeared; that his intentions were to march into Normandy; ahd to join his forces with thofe of the duke of Liancafter, and the partizans of the King of Navarre; but finding all the bridges on the Loite broke down; and every pals carefully guarded, -he was obliged to think of making his retreat into Guienne*,. He found this refolution the more neceffary, from the intelligence. which he received of the King of France’s motions. That monarch, provoked at the infult offered him by this incurfion, and entertaining hopes of fuccefs from the young prince’s temerity, collected a great army of above 60,000 men, and advanced with hafty marches to intercept his enemy. The prince; not aware of John’s near approach, loft fome days, on his retreat, before the caftle of Remorantin +; and thereby gave the French an opportunity of overtaking him. They came within fight at Mau- Baie pertuis near Poictiers ; and Edward, fenfible that his retreat was now become im. Dailticns: practicable, prepared for battle with all the courage of a young hero, and with all the prudence of the oldeft and moft experienced commander. Bur the utmoft prudence and courage would have proved infufficient to fave him in this extremity, had the King of France known how to make ufe of his pre- fent advantages. His vaft fuperiority in numbers enabled him-to furround the enemy ; and by intercepting all their provifions, which were already become fcarce in the Englifh camp, to reduce this fmall army, without a blow, to the neceffity of furrendering at difcretion. But fuch was the impatient ardour of the French nobility, and fo much had their thoughts been bent on overtaking the Englith as their fole objeét, that this idea never ftruck any of the commanders; and they immediately prepared themfelves for the affault, as for a certain victory.. While the French army was drawn up in order of battle, they were ftopped by the ap- pearance of the cardinal of Perigord; who, having learned the approach of the two armies to each other, had haftened, by interpofing his good offices, to prevent any farther effufion of Chriftian blood. By John’s permiffion, he carried propofals to the prince of Wales; and found him fo fenfible of the bad pofture of his af- fairs, that an accommodation feemed not impracticable. Edward told him, that he would agree to any terms confiftent with his own honour and that of England; and he offered to purchafe a retreat by refigning all the conquelts, which he had made during this and the former campaign, and by ftipulating not to ferve againft srance during the courfe of feven years. But John, imagining that he had * Walfing. p. 171, T Froiflart, liv, 1, chap.158, Walfing. p. 171. Ee 2 now s x ? XVI. 4350. aoth Sept. Cc J 212 HISTORY oF .E N’G E.A'N D. now got into his hands a fufficient pledge for the reftitution of Calais, required that Edward fhould furrender himfelf prifoner with an hundred of his attendants ; and offered on thefe terms a fafe retreat to the Englifh army. The prince rejected the propofal with difdain ; and declared, that whatever fortune fhould attend him, England fhould never be obliged to pay the price of his ranfom. This refolute an{wer cut off all hopes of accommodation ; but as the day was already fpent in negociating, the battle was delayed till the next morning *. Tue cardinal of Perigord, as all the prelates of the court of Rome, was ex- tremely attached to the French caufe; but the moft determined enemy could not have contrived a greater prejudice to John’s affairs, than he did them by this delay. The prince of Wales had leifure, during the night, to ftrengthen, by new entrenchments, the poft which he had before fo judicioufly chofen ; and he con- trived an ambuth of 300 men at arms, and as many archers, whom he put under the command of the Captal de Buche, and ordered to make a cifcuit, that they might fall on the flank or rear of the French army during the engagement. The wan of his army was commanded by the earl of Warwic, the rear by the earls of Salifbury and Suffolk, the main body by the prince himfelf. The lords Chandos, Audeley, and many other brave and experienced commanders, were at the head of different corps of his army. Joun alfo arranged his forces in three divifions, nearly equal: The firft was commanded by the duke of Orleans, the King’s brother ; the fecond by the Dau- phin attended with his two younger brothers; the third by the King himfelf, who had by his fide Philip his fourth fon and favourite, then about fourteen years of age. There was no reaching the Englifh army but through a narrow tane, covered on each fide by hedges 5 and in order to open this paffage, the marefchals, Andrehen and Clermont, were ordered to advance with a feparate detachment of men at arms. While they marched along the lane, a body of Eng- lifh archers, who lined the hedges, plyed them on each fide with their arrows ; and being very near them, yet placed in perfect fafety, they coolly took their aim againft the enemy, and mafflacred thein with impunity.. The French. detach- ment, much difcouraged with the unequal fight, and diminifhed in their num- ber, arrived at the end of the lane, where they met on the open grounds the prince of Wales himfelf, at the head of a chofen body, ready for their reception. They were difecomfited and overthrown: One of the marefchals was flain; the other taken prifoner: And the remainder of the detachment, who were {till in the lane, nd expofed to the fhot of the enemy, without being able to make refift- ® Froiflart, liv, 1. chap. 101. ance, B.D) WAAR (Diu. 213 ance, recoiled upon their own army, and put every thing into diforder *. In Chap. XVE. that critical moment, the Captal de Buche unexpectedly appeared, and attacked 1356. in flank the Dauphin’s line, which fell into fome confufion. Landas, Bodenai, and St. Venant, to whom the care of that young prince and his brothers had been committed, too anxious for their charge or for their own fafety, carried them off the field of battle, and fet the example of flight, which was followed by that whole divifion. The duke of Orleans, feized with a like panic, and imagin- ing all was loft, thought no longer of fighting, but carried of his divifion by a retreat, which foon turned alfo into a flight. The lord Chandos called out to the prince, that the day was won; and encouraged him to attack the divifion, under King John, which, tho” more numerous than the whole Englifh army, were fomewhat difmayed with the precipitate flight of their companions. John here made the utmoft efforts to retrieve by his valour, what his imprudence had betrayed ; and the only refiftance made that day was by his line of battle. The prince of Wales fell with impetuofity on fome German cavalry placed in the front, and commanded by the counts of Sallebruche, Nydo, and Nofto: A fierce battle enfued: The one fide were encouraged by the near profpect of fo great a victory : The other were retained by the fhame of quitting the field to an enemy fo much inferior: But the three German generals, together with the duke of A- thens, conftable of France, falling in battle, that body of cavalry gave way, and left the King himfelf expofed to the whole fury of the enemy. The ranks were every moment thinned around him: The nobles fell by his fide, one after an- other: His fon, fcarce fourteen years of age, received a wound, while he was fighting valiantly in defence of his father: The King himfelf, fpent with faticue, and overwhelmed by numbers, might eafily have been difpatched; but every Englifh gentleman, ambitious of taking alive the royal prifoner, fpared him in the action, called to him to furrender himfelf, and offered him quarter : Several, who attempted to feize him, fuffered for their temerity. He ftill cried out, Where 1s my coufin, the prince of Wales ? and feemed unwilling to. become prifoner to any perfon of inferior rank. But being told, that the prince was at a great Captivity of diftance on the field, he threw down his gauntlet, and yielded himfelf to Den- the King of nis de Morbec, a knight of Arras, who had been obliged to fly his country for shecors murder. His fon was taken with him 7. Tue prince of Wales, who had been carried away in purfuit of the flying ene my, finding the field entirely clear, had ordered a tent to be pitched, and was repofing himfelf after the toils of battle; enquiring ftill with great anxiety con- cerning the fate of the French monarch, He difpatched the earl of Warwic to * Froiffart, liv. 1. chap. 162, + Rymer, vol. vi. p. 72, 154. Froiflart, liv. 1. chap. 164. t Orin Se Chap. XVL 1356. 214 HISTORY orsENGLAND. bring him intelligence, and that nobleman ¢ame happily in time td fave the life of the captive prince, which was expoled to greater danger that it had been dur- ing the heat of action. The Englifh had taken him by violence from Morbec - The Gafcons claimed the honour of detaining the prifoner: And fome. brutal foldiers, rather than yield the prize to their rivals, had threatened to put him to death *, _Warwic overawed both parties, and approaching the King with creat demonftrations of refpect, offered to conduct him to the prince’s tent. Here commences the real and truly admirable heroifm of Edward: For vic- tories are vulgar things in comparifon of that moderation and humanity difcover- ed by a young prince of twenty-feven years of age, not yet cooled trom the fury of battle, and elated by. as extraordinary and as unexpected fuccefs as had ever crowned the arms of any general. He came forth to meet the captive King with all the figns of regard and fympathy ; adminiftred comfort to him amidf his misfortunes; paid him the tribute of praife due to his valour; and afcribed his own victory merely to the blind chance of war or to a fuperior providence, which controuls all the efforts of human force and prudence +. The behaviour of John fhowed him not unworthy of this courteous treatment: His prefent abject for- tune never made him, forget a moment that he wasa King: More fenfible to Edward’s. generofity than to his own calamities, he confeffed, that, notwith- — ftanding his defeat and captivity, his honour was ftill unimpaired ; and that, if he yielded the victory, it was at leaft gained by a prince of fuch confummate va- Jour and humanity. Epwarp ordered a magnificent repatt to be prepared in his tent for the prifo- ners; and he himfelf ferved the royal captive’s table, as if he had been one of his retinue: He ftood at the King’s back during the meal; conftantly refufed to rake a place at table ; and declared, that, being a fubjeét, he was too well acquainted with the diftance between his own rank, and that of royal majefty, to affume fuch freedom. All his father’s pretenfions to the crown of France were now butied in oblivion: John in captivity received the honours of a King, which were re- fufed him, when feated on the throne: His misfortunes, not his title, were re- fpected: And the French prifoners, conquered’ by this elevation of mind, more than by their late difcomfiture, burft out into tears of joy and admiration ; which were only checked by the reflection, that fuch genuine and unaltered heroifm in an enemy muft certainly, in the iffue, prove but the more dangerous to their native country J. * Froillart, liv. 1, chap, 164, t Paull, mil. p. 197. t Froiffart, liv. 1, chap, 168. ALL Be De Wes ASR op IT. 208 Aut the Englith and Gafcon knights imitated the generous example fet them Chap. XY¥T. by their prince. Thecaptives were every where treated with humanity, and were 1356. foon after difmiffed on paying moderate ranfoms to the perfons into’ whofe hands they had fallen. The extent of their fortunes was confidered, and no more was exacted of them than what would ftill leave them fufficient to enable them, for the future, to perform. their military fervice in a manner fuitable to their rank and quality. Yet fo numerous were the noble prifoners, that thefe ranfoms, join- ed to the fpoils of the field, were fufficient to enrich the prince’s arr they had fuffered very little in the action, their joy and exultation w Tue prince of Wales conducted his prifoner to Bourdeaux; and not being pro- vided of forces fo numerous as might enable him to pufh his prefent advantages, he concluded a two. years truce with France *, which was alfo become requifite, that he might conduct the captive King with fafety into England. He landed , at Southwark, and was met by a prodigious concourfe of people, of all ranks 24th May. and ftations. The prifoner was clad in royal apparel, and mounted? on a white fteed, diftinguifhed by. its fize and beauty, and by the richnefs of its ¢ “niture, The conqueror rode by: his fide in a meaner attire, and carried by a black pal- fry, In this fituation, much more glorious than all the infolent parade of a Ro- man triumph, he pafled thro? the fhreets of London, and prefented the King of France to his father, who advanced to meet him, and received him with the fame courtefy, as if he-had. been a neighbouring potentate, who had voluntarily come to pay him a friendly vifit+. It is impoffible, in refleting on this noble conduct, not to perceive the advantages which refulted from the otherwife whim- fical principles of chivalry, and which gave men in thofe rude times fome fupe- riority even over people of a more cultivated age and nation. Tue King of France, befides the generous treatment which he met with in England, had the melancholy confolation of the wretched, to fee companions in affliction, The King. of Scots had. been eleven years a captive in Edward’s hands ; and. the good fortune of this monarch had reduced at once the two neighbouring potentates, with whom he was engaged in war, to be prifoners in his capital. But Edward, finding that: the conquett of Scotland was nowife ad- vanced by the captivity of its fovereign, and that the government, conducted by Robert Stuart, his heiz and nephew, was {till able to defend itfelf, confented to reftore David Bruce to his liberty, for the ranfom. of 100,000 marks fterling ; and that prince delivered the fons: of all: his principal nobility, as hoftages for the payment tf. * Rymer; vol. vi. p. 3s { Rymer, vol, vi, pP- 4 NY; and’ as as compleat. i Wifi it | HN + Froiffart, liv. r. chap. 173, §2 46,.52,.66. Frojffart, live-a. chap.174. Walfingham, p. 173: | MEANWHILE, Chap. XVI. 1353. State of France. O fer HISTORY or ENGLAND. Meanwuite, the captivity of John, joined to the preceding diforders of the French government, had produced in that country a diffolution, almoft total, of civil authority, and had occafioned confufions, the moft horrible and deftructive, which had ever been experienced in any age or in any nation. The Dauphin, now about eighteen years of age, naturally affumed the royal power during his father’s captivity ; but tho’ endowed with excellent abilities, even in fuch early years, he poffeffed neither the experience nor authority requifite to defend a ftate affailed at once by foreign power and fhaken by internal factions. In order to obtain fupply, he affembled the ftates of the kingdom: That affembly, inftead of fupporting his adminiftration, were themfelves feized with the {pirit of confu- fion; and laid hold of the prefent opportunity to demand limitations of the prince’s power, the punifhment of paft malverfations, and the liberty of the King of Navarre. Marcel, provoft of the merchants and firft magiftrate of Paris, put himfelf at the head of the unruly populace ; and from the violence and temerity of his character, pufhed them to commit the moft criminal outrages againft the roy- al authority. They detained the Dauphin in a fort of captivity ; they mur- dered in his prefence Robert de Clermont and John de Conflans, marefchals of France ; they threatened all the other minifters with a like fate ; and whea Charles, who was obliged to temporize and diffemble, made his efcape from their hands, they levied war againft him, and openly erected the ftandard of rebellion. The other cities of the kingdom, in imitation of the capital, fhook off the Dauphin’s authority ; took the government into their own hands; and fpread the difor- der into every province. The nobles, whofe inclinations led them to, adhere to the crown, and were naturally difpefed to check thefe tumults, had loft all their influence; and being reproached with cowardice on account of the bafe defertion of their fovereign in the battle of Poictiers, were treated with univerfal contempt by the inferior orders. The troops, who, from the deficiency of pay, were no longer, retained in difcipline, threw off all regard to their officers, fought the means of fubfift- ance by pillage and robbery, and affociating to them all the diforderly people, with which that age abounded, formed numerous bands, which infefted all quarters of the kingdom. They laid the open country defolate; burned and plundered the villages ; and by cutting off all means of communication or fubfiftance, reduced even the inhabitants of the walled towns to the moft extreme neceffity. The pea- fants, formerly oppreffed, and now left unprotected, by their mafters, became def- perate from their prefent mifery ; and rifing every where in arms, carried to the laft extremity thofe diforders, which were derived from the fedition of the citizens and difbanded foldiers *. The gentry, hated for their tyranny, were every where * Froiffart, liv. 1. chap. 182, 183, 134. e xpofed | eee hs’, iow: Sabon ewe ® Dome . oe 217 land ae expofed to the violence of popular rage ; and inftead of meeting with regard for their paft dignity, became only, on that account, the object of more wanton in- fult to the mutinous peafants. “They were hunted like wild beafts, and putto the fword without mercy: Their caftles were confumed with fire, and levelled to the ground: Their wives and daughters were firft ravifhed, and then murdered : . The favages proceeded fo far as to impale fome gentlemen, and roafl them alive before a flow fire: A body of nine thoufand of them broke into Meaux, where the wife of the Dauphin with above 300 ladies had taken fhelter: The moft brutal treatment and moft atrocious,cruelty were juftly dreaded by this help- lefs company : But the Captal de Buche, though in the fervice of Edward, yet moved by generofity and by the gallantry of a true knight, flew to their relief, and beat off the peafants with great flaughter. In other civil wars, the oppofite fac- tions, falling under the government of their feveral leaders, commonly preferve ftill the veftige of fome rule and order: But here the wild ftate of nature feemed to be renewed: Every man was thrown loofe and independant of his fellows: And the great multitude of people, which had arifen from the preceding police of civil fociety, ferved only to encreafe the horrour and confufion of the cene, AmipsT thefe diforders, the King of Navarre made his efcape from prifon, and prefented a dangerous leader to the furious malecontents *. But the fplen- did talents of this prince qualified him only to do mifchief, and to encreafe the public confufions: He wanted the fteddinefs and prudence requifite for making his intrigues fubfervient to his ambition, and forming his numerous partizans into a regular faction. He revived his pretenfions, fomewhat obfolete, to the crown of France ; and indeed, if female fucceffion was to be admitted, his mother, the daughter of Lewis Hutin, brought him undoubtedly the only lawful title, and {tood before Ifabella, the mother of Edward, in the courfe of defcent.. But while he advanced this claim, he relied entirely on his alliance with the Englifh, who were concerned in intereft to difappoint his pretenfions, and wha,. being public and inveterate enemies to the ftate, ferved only, by the friendfhip which they feem- ingly bore him, to render his caufe the more odious, And in all his operations, he acted more like a leader of banditti, than one who afpired to be the head of a regular government, and who was engaged by his ftation to endeavour the re- eftablifhment of order in the community. Tue eyes, therefore, of all.the French, who wifhed to reftore peace to their miferable and defolated country, were turned towards the Dauphin; and that * Froiffart, liv, 1. chap, 181. Vou. I. F f young \ i 1 i mit HI v - 218 HISTORY or ENGLAND. young prince, tho’ not remarkable for his military talents, poffeffed fo much pru- dence and fpirit, that he gained daily the afcendant over all his enemies. Mare cel, the feditious provoft, was flain, while he was attempting to deliver the city to the King of Navarre and the Englith ; and the capital immediately returned to its duty *. The moft confiderable bodies of the mutinous peafants were diffi- pated, and put to the fword: Some bands of military robbers underwent the fame fate: And tho” many grievous diforders itll remained, France began gra- dually to affume the face of a regular civil government, and to form fome plan for its defence and fecurity. Durtne the confufion in the Dauphin’s affairs, Edward feemed to have a fa- vourable opportunity of pufhing his conquefts: But befides that his hands were tied by the truce, and he could only affift underhand the faction of Navarre ; the ftate of the Englifh finances and military power during thofe ages rendered the king- dom incapable of making any regular or fteddy effort, and obliged it to exert its force at very diftant intervals, by which all the projected ends were commonly difappointed. Edward employed himfelf, during a conjuncture fo inviting, chief- ly in negotiations with his prifoner ; and John had the weaknefs to fign terms of peace, which, had they taken effeét, muft have totally ruined and difmem- Bered his kingdom. He agreed to reftore all the provinces, which had been pof- feffed by Henry If. and his two fons, and to annex them for ever to England without any obligation of homage or fealty on the part of the Englifh monarch. But the Dauphin and the ftates of France rejected this treaty, fo difhonourable and pernicious to the kingdom Tf ; and Edward, on the expiration of the truce, having now, by fubfidies and frugality, colleéted fome treafure, prepared him= felf for a new invafion of France. Tue great authority and renown of the King and the prince of Wales,. the fplendid fuccefs of their former enterprizes, and the certain profpect of plunder from the defencelefs provinces of France, foon brought together all the military power of England; and the fame motives invited to. Edward’s ftandard all the hardy adventurers of the different countries of Europe }. He ‘pafied over to Calais with an army of near 100,000 men; a force, which the Dauphin could not pretend to withftand in the open field: And he therefore prepared himfelf to: elude a blow, which it was impoffible for him to refift. He put all the confider- able towns in a pofture of defence; ordered them to be fupplied with magazines and provifions ; diftributed proper garrifons in all places; fecured every thing | * Froiffart, liv. 1. chap. 187. 4+ Froiffart, liv. 1, chap. 201, + Froiffart, liv. r. chap. 205. valuable ED We AoR sDe AD, 219 valuable in the fortified cities ; and chofe his own ftation at Paris, with a view of Chap. XVI. allowing the enemy to wafte their fury on the open country. | Tue King, aware of this plan of defence, was obliged tocarry along withhim —y 3x5, fix thoufand- waggons loaded with the provifions neceffary for the fubfiftance of Rael his army. After ravaging the province of Picardy, he advanced into Cham- by is pagne ; and having a flrong defire of being crowned King of France at Rheims, the ufual place in which that ceremony is performed, he laid fiege to the city, and carried on his attacks, tho’ without fuccefs, for the fpace of feven weeks *. The place was bravely defended by the inhabitants, encouraged by the exhorta- tions of the archbifhop, John de Craon ; till the advanced feafon (for thisexpedi- — 1360. tion was entered upon in the beginning of ‘winter) obliged the King to raife the fiege. The province of Champagne, meanwhile, was laid defolate by his incur- fions ; and he thence conducted his army, with a like intent, into Burgundy. He took and pillaged Tonnerre, Gaillon, Avalon, and other fmall places ; but the duke of Burgundy, that he might preferve his country from farther ravages, con- fented to pay him the fum of 100,000 nobles +. Edward then bent his march towards the Nivernois, which faved itfelf by a like compofition: He laid watfte the Brie and the Gatinois ; and after a long march, very deftructive to France, and fomewhat ruinous to his own troops, he appeared before the gates of Paris» and taking up his quarters at Bourg-la-Reine, extended his army to Long-jumeaus Mont-rouge and Vaugirard. He tried to provoke the Dauphin to hazard a battles by fending hima defiance; but could not make that prudent prince change his plan of operations. Paris was fafe from the danger of an affault by its numerous garrifon ; from that of a blockade by its well fupplied magazines ; and as Edward could not fubfift his own army ina country, wafted by foreign and domettic ene- mies, and left alfo empty by the precaution of the Dauphin, he was obliged to re- move his quarters, and he fpread his army into the provinces of Maine, Beaufie, and the Chartraine, which were abandoned to the fury of their devaftations +. The only repofe which France experienced was during the feftival of Eafter, when the King ftopped the courfe of his ravages. For fuperftition can fometimes reftrain the rage of men, which neither juftice nor humanity is able to controul. Waite the war was carried on in this ruinous manner, the negotiations for peace were never interrupted: But as the King ftill infifted on the full execution of the treaty, which he had made with his prifoner at London, and which was ftrenuoufly rejected by the Dauphin, there appeared no likelihood of an accom- = Tr . . , x | * Froiffart, liv. 1. chap. 208: Walfingham, p. 174. | Rymer, vol. vi. p. 161. Wal- fini ~ t W p | | | fincham, p. 174. t+ Walfingham, p. 175. Ff 2 : moda- -_ Chap. XVI 1300, Peace of Bree tipni. so pee a SOR OF ENGLAN D. modation. The earl, now duke of Lancafter (for this title was introduced inte England during the prefent reien) endeavoured to foften the rigor of thefe terms, and to finifh the war on more equal and reafonable conditions. He infifted with Edward, that, notwithftanding his great and furprifing fuccefies, the object of the war, if fuch was to be efteemed the acquifition of the crown of France, was not become any nearer than at the commencement of it; or rather, was fet at a greater diftance by thofe very victories and advantages, which feemed to lead to it, That his claim of fucceffion had not from the firft procured him one partizan in the’ kingdom; and the continuance of thefe deftruétive hoftilities had united every Frenchman in the moft implacable animotity againft him, ‘That tho’ inteftine faction had crept into the government of France, it was abating every moment $: and noparty, even during the ereateft heat of the conteft, when fubjection un- der a foreign enemy ufually appears preferable to the dominion of fellow citi- zens, had ever adopted the pretenfions of the King of England. That the King. of Navarre himfelf, who alone was allied with the Englith, inftead of being cordial friend, was Edward’s moft dangerous rival, and in the opinion of his par- tizans appeared to poffefs a much preferable title to the crown of France. ‘That the prolongation of the war, however it might enrich the Englifh foldiers, was ruinous to the King himfelf, who bore all the charges of the armament, without reaping any folid or durable advantage from it. That if the prefent diforders of France continued, that kingdom would foon be reduced to fuch defolation as to afford no fpoils to its ravagers; if it could eftablifh a more fteady government, it might turn the chance of war in its favour, and by its fuperior force and ad- vantages be able to repel the prefent victors. That the Dauphin, even during his greateft diftreffes, had yet conduéted himfelf with fo much prudence as to pre- vent the Englifh from acquiring one foot of land in the kingdom ;. and. it were better for the King to accept by a peace what he had in vain attempted to acquire by hoftilities, which, however hitherto fuccefsful, had been extremely ex- penfive, and might prove very dangerous. And that Edward having acquired fo much glory by his arms, the praife of moderation was the only honour,. which he could now afpire to; an honour fo much the greater, as it was durable, was united with that of prudence, and might be attended with the moft real advantages *. ; Tuesr reafons induced Edward to accept of more equitable terms of peace; and it is probable, that, in order to palliate this change of refolution, he afcrib- ed it to a vow, made during a terrible tempetft which. attacked his army on their march, and which the antient hiftorians reprefent as the caufe of this fudden ac- * Froiflart, liv. 1. chap. 21%. com Bo VE A RE Bs 221 commodation *. The conferences between the Englifh and French commiffioners Chap. XVI. were carried on during a few days at Bretigniin the Chartraine, and the peace was at laft concluded on the following conditions +: It was ftipulated, that King John fhould be reftored to his liberty, and fhould pay as his ranfom three millions of crowns of gold, about 1,500,000 pounds of our prefent money [;. which was to be difcharged at ditferent payments: That Edward fhould for ever renounce all claim to the crown of France, and to the provinces of Normandy, Maine, Touraine, and Anjou, poffeffed by his anceftors; and fhould receive in exchange the provinces of Poictou, Xaintonge, l’Agenois, Perigort, the Limoufin, Quercy, Rovergue, l’Angoumois, and other diftriéts in that quarter, together with Calais, Guifnes, Montreuil, and the county of Ponthieu, on the other fide of France: That the full fovereignty of all thefe provinces, as well as that of Guienne, fhould be vefted in the crown of England, and that France fhould renounce all title to’ feudal jurifdiction, homage, or appeal from them: That the King of Navarre fhould be reftored to all his honours and poffeffions: That Edward fhould renounce his confederacy with the Flemings, John his connections with the Scots: That the difputes concerning the fucceffion of Brittany, between the families of Blois and Mountfort, fhould be decided by arbiters, appointed by the two Kings; and if the competitors refufed to fubmit to the fentence, the difpute fhould no longer be a ground of war between the kingdoms: And that forty hoftages, fuch as fhould be agreed on, fhould be fent to England as a fecurity for the execution of all thefe conditions §. | In confequence of this treaty of peace, the King of France was brought over to Calais ;, whither Edward alfo foon after arrived: And both princes there folemnly * Froiffart, liv, r. chap. 2rr. + Rymer, vol. vi. p. 178. Froifiart, Jiv. 1. chap.-212. { This is a prodigious fum, and probably near the half of what the King received from the parlia-= ment during the whole courfe of his reign. It muft be remarked, that a tenth and fifteenth (which was al- ways thought a high grant) were, in the eighth year of his reign, fixed at about 29,000 pounds: There were about 30,000 facks of wool exported every year: A fack of wool was at’a medium fold for five pounds, Upon thefe fuppofitions it would be eafy to compute all the parliamentary grants, taking the lift as they ftand in Tyrrel, vol. iii. p. 780: Tho’ much muft ftill be left to conjecture. ‘This King le- vied more money from his fubjeéts than any of his predeceflors; and the parliament frequently com- plain of the poverty of the people, and the oppreffions under which they laboured. But it is to be remarked, tha@the half of the French King’s ranfom was not paid before the war broke out between the two crowns: His fon chofe rather to employ the money in combating the Englifh, than in en-- riching them. See Rymer, vol. vill. p. 315. § The hoftages were the two fon: of the French King, John and Lewis; his brother Philip duke of Orleans, the duke of Pourbon, James de Bourbon count de Ponthieu, the counts d'Eu, de Longueville, de St. Pol, de Harcourt, de Vendome, de Couci, de Craon, de Montmorenci, and many of the chief nobility of France, Whe princes were moftly releafed.on the fulfilling of certain articles: Others of the hoftages, and the duke of Berry among the reft, were permitted to return upon their parole, which: they did not keep. Rymer, vol. vi. p. 278.285. 287. ratified: 1360. Sth May. 8th July. 222 wMisTiOR ¥Y ot EB N.G AGN D, Chan. xvi. Tatified the treaty. John was fent to Boulogne ; the King accompanied him a 1350. mile in his journey 5 and the two monarchs parted, with many profeffions, pro- bably cordial and fincere, of mutual friend{hip and amity *. The good difpofition of John made him fully fenfible of the generous treatment which he had met with in England, and obliterated all memory of the afcendant gained over.-him ty his rival. There feldom has been a treaty of fo great importance {fo faithfully executed by both parties, Edward had fcarcely from the beginning entertained any hopes of acquiring the crown of France: By reftoring John to his liberty, and making peace at a juncture fo favourable to his arms, he had now plainly renounced all pretenfions of this nature: He had fold at a very high price that ° chimerical claim : And had at prefent no other intereft than to retain thofe acqui- fitions which he had made with fuch fingular prudence and good fortune. John, on the other hand, tho’ the terms were fevere and rigorous upon him, poffeffed fuch fidelity and honour, that he was determined at all hazards to execute them, and to ufe every expedient for fatisfying a mcnarch, who had indeed been his greateft po- litical enemy, but had treated him peronally with fingular humanity and regard. But, notwithftanding all his endeavours, there occurred many difficulties in fulfill- ing his purpofe; chiefly from the extrene reluctance, which many towns and vaflals in the neighbourhood of Guienne, expreffed againft fubmitting to the Englifh domi- 5363. nion+ ; and John, in order to adyuft thefe differences. took a refolution of coming over himfelf into England. His council endeavoured to diffuade him from this rafh defign; and probably would have beer pleafed to fee him employ more chicanery, for eluding the execution of fo difadvantageous a treaty: But John replied to them, that, tho’ good faith were banifhed from the reft of the earth, fhe ought ftill. to retain her habitation in the breafts of princes. Some hiftorians would de- tract from the merit of this honourable behaviour, by reprelenting John as ena- moured of an Englith lady, to whom he was gla’, on this pretence, to pay a vifit: But befides, that this furmife is not founded on any good authority, it appears very unlikely on account of the advanced age of that prince, who was now in £364. his fifty-fixth year. He was lodged in the Savoy 5 the palace where he had tes 8th April. fided during his captivity, and where he foon after fickened and diced. Nothing can be a ftronger proof of the great cominion of fortune over mien, than the ca- lamities which purfued a monarch of fuch eminent valour, goodnefs and honour, and which he incurred-merely by recfon of fome flight imprudences, which, in other fituations, would have been ofno importance. But tho’ both his reign and that of his father, proved extremely unfortunate to their kingdom, the French crown acquired, during their time, very confiderable acceffions, thofe of Fsazt a 2 por ee ONES ; —————— — = oe : ; ——— =< ss SS, =e SS SSS a = = aa A = : = = Ea ——_$ —+ — ist a SS SESE EEE SS SSS ee ons OE ee ee ns 7 - = = —— = * —S ae —— | F| 4 7 (i ) 1 an ‘ ay al } ah} He a aha h weal oi " 1 } t , wa} Bae vi " ‘ ¢ t i 4 i | H (Mi i iW ' 4 il} } | H i " 4 4 ; H fl ae i) a | & Bae at ; ql { ; 1H ; \ Cie | i i? i \| se tat |: \ * Froiffart, liv. 1 chap. 213 + Froiffart, liv. 1, chap. 214. Dauphiny Be We AOR 2D Il. 223 Dauphiny and Burgundy. This latter province, however, John had the impru- dence again to difmember from the crowi, by beftowing it on Philip his fourth fon and chief favourite *; a deed, which vas afterwards the fource of many cala- mities to his kingdom. Joun was fucceeded in the throne by Charles, the Dauphin, a prince educated in the fchool of adverfity, and well qualified, by his confummate prudence and experience, to repair all the loffes, which tle kingdom had fuffered from the errors of his two predeceflors. Contrary to the practice of all the great princes of thofe times, which held nothing in eftimation out military courage, he feems to have fixed it as a maxim never to appear at the head of his armies; and he was the firft King in Europe, who fhewed the advantages of policy, forefight and judg- ment, above a rafh and precipitate valour The events of his reign, compared with thofe of the preceding, are a proof, how little reafon kingdoms have to va- lue themfelves on their victories, or to-be tumbled by their defeats, which in rea- lity ought to be afcribed entirely to the gcod or bad conduct of their rulers, and go a very little way towards determining mitional chara¢ters and manners, Brrore Charles could think of counter-allancing fo great a power as England, Chap, XVI, 1364, State of it was neceflary for him to remedy the may diforders, to which his own king- France. dom was expofed. He turned: his arms againft the King of Navarre, the creat difturber of France during that age: He defeated that prince by the condu& of Bertrand du Guefclin, a gentleman of Brittany, one of the moft accomplifhed characters of the age, whom he had the dfcernment to choofe as the inftrument of all his victories}: And he obliged his enemy to accept of moderate terms of peace. Du Guefclin was leis fortunate in tie wars of Brittany, which ftil! conti- nued; notwithitanding the mediation of Fiance and England: He was defeated and taken prifoner at Auray by Chandos: Charles de Blois was there flain, and the young count de Mountfort foon after got entire poffeffion of that dutchy f, But the prudence of Charles broke the force of this blow: He fubmitted to the decifion of fortune: He acknowledged tle title of Mountfort, tho’ a zealous partizan of England; and received the profered homage for his dominions. But the chief obftacle which the French King met with in the fettlement of the ftate» proceeded from obfcure enemies, whom ther crimes alone rendered eminent,. and their number dangerous, On the conclufion of the treaty of Bretizni, the many military adventurers, who had followed the fortunes of Edward, being difperfed into the feveral pro- * Rymer, vol, vi. p. 421. + Froiffart, liv. 1. chap. 119, 120. 122. f Froiffart, liv.. 1. chap. 227,228, &c. Walfing, p. 190. VINCES;. iF, 224 HIS’? 0 RX s0F ENGLAND. — tan nc is << = — ais - = = - . Pave. ~ ’ id ie aad. ® ' civacesis Chap. XVI. vinces, and poftefled of Strong holds, refufed to lay down their arms, or relin- 4364. quith a courfe of life, to which they were now accuftomed, and by which alone they could gana fubGftance*. They affociated themfelves with the banditti, who were already «nured to the habits of rapine and violence s and under the name of the companies and companions, became a terror to all the peaceable inhabitanés. Some Englifh and Gafcon gentlemen of character, particularly fir Matthew Gour- nay, fir Hug Calverley, the chevalier Verte, and others, were not afhamed to take the command of thefe rufiians, whofe numbers amounted on the whole to near 40,000 nen, and who bore the appearance of regular armies, rather than bands of robbers. Thefe leaders fought pitched battles with the troops of France, and gained victories ; 1n one of which Jaques de Bourbon, a prince of the blood, was flain +: And they proceeded to fuch a height, that they wanted little but regu- lar eftablifhments to become princes, and thereby fanctify, by the maxims of the world, their infamous profeffion. The-greater fpoil they committed on the country, the more eafy they found it to recruit their number: All thofe, who were reducec to mifery and defpair, flocked to their ftandard: The evil was every day encreafirg : And tho’ the Pope declared them excommunicate, thefe military plunderers, however deeply affected with this fentence, to which they paid a much greater rega'd than to any maxims of juftice or humanity, could not be induced by it to betaxe themfelves to any peaceable or lawful | ;— hm | ; | 1 ioe Hl ay iW 1] i iff : ; en ay i ; fi . q } Hb nit { - | < - “ = hi ve i q 4 aa ) Wah it i u : if vw ' of ia profefiion. 1356. As Charles was not able by power to redrefs fo enormous a erievance, he was led, both by neceffity, and by the turn of his character, to correct it by policy, and to conttive fome method of difcharging into oreign countries this dangerous and inteftine evil. Peter, King of Caftile, ftigmatizes by his contemporaries and by. pofterity, with the epthet of Crue/, had Filed with blood and murder his kingdom and his own family; and having incurred the univerfal hatred of his fubjeéts, he kept _only from prefent terror an anxious and precarious, poffeffion of the throne. His nobles fell :very day the victims of his feverity : He put to death feveral of his natural brothers from groundlefs jealoufy : Each murder, by multiplying hits enemies, became the occafion of f-eth barbarities : And as he was not deftitute of talents, hi: neighbours, no Jefs than his own fubjeéts, were alarmed by the pro- orefs of his violence and injuftice. The ferocity of his temper, inftead of being {oftened br his {trong propenfity to love, was rather enfamed by that paffion, and took chence new occafion to exert itfelf. Inftigated by Mary de Padilla, who had «quired the afcendant over him, he threw into prifon Blanche de Boyr- * Froiflart, liv. 1. chap. 214. + Froiffart, liv. 1. chap. 214, 215. bon Bs We LA SR: Bes ae 225 bon, his wife, fifter to the Queen of France; and foon after made way by poifon Chap. XVI, for the efpoufing of his miftrefs. Henry, count de Tranftamare, his natural brother, feeing the fate of every one who had become obnoxious to this tyrant, took arms again{t him; but being foiled in the attempt, he fought for refuge in France, where he found the minds of every one extremely enflamed again{t Peter, on account of his murder of the French princefs. He propofed to Charles the enlifting of the companies into his fervice, and leading them into Caftile; where, from the concurrence of his own friends, and the enemies of his brother, he had the profpect of certain and im- mediate fuccefs. The French King, charmed with the project, employed Du Guefclin in negotiating with the leaders of thefe banditti. The treaty was foon concluded. The high charaéter of honour, which that general pofiefled, made eve- ry one truft to his promifes: Tho’ the intended expedition was kept a fecret, the companies implicitly inlifted under his ftandard: And they required no other condition before their engagement, than an affurance, that they were not to be led againft the prince of Wales in Guienne. Burt that prince was fo little averfe to the enterprize, that he allowed fome gentlemen of his retinue to enter into the fervice under Du Guefclin, | Du Guesc.in, having compleated his levies, led the army firit to Avignon, where the Pope then refided, and demanded, fword in hand, an abfolution for his foldiers, and the fum of 200,000 livres. The firft was very readily promifed him; fome more difficulty was made with regard to the fecond. ‘* I believe “© my fellows,” replied Du Guefclin, ** may make a fhift to do without your ‘© abfolution; but the money is abfolutely neceffary.” The Pope then extorted from the inhabitants in the city and neighbourhood the fum of an hundred thou- fand livres, and offered it to Du Guefclin. ** It is not my purpofe,” cried that generous warrior, ** to opprefs the innocent people. The Pope and his cardi- “* nals themfelves can eafily fpare me that fum from their own pockets. This ** money, [ infiit, muft be reftored to the owners. And fhould they be de- *¢ frauded of it, I fhall myfelf return from the other fide of the Pyrenees, and ‘< oblige you to make them reftitution.”? The Pope found the neceffity of fub- miffion, and paid him, from his own treafury, the fum demanded *, The army hallowed by the bleffings, and enriched by the {poils of the church, proceeded on their expedition. TsEseE experienced and hardy foldiers, conduéted by fo able a general, eafily prevailed over the King of Caftile, whofe fubjects, inftead of fupporting their opprefior, were ready to join the enemy again{t him +. Peter fled from his do- minions, took fhelter in Guienne, and craved the protection of the prince of * Hitt. de Du Guefclin. + Froiffart, liv. i. chap. 230. Vou. I, G tT S W ales, 1306. meg, Did Ee tin 5 — ’ - —— —— =< = =— ae See Set See = sort. ——— = —— a é : = =e ——————— =— é —— * = ; = as =a See : — ‘amware eas tess + a ape ea aa ee ae LS SHES —reerees = : ne = = toe - “¢ | i | { it Chap, XVI. 1366, _ 1367. Expedition into Caftile. ad Apri’. 226 HISTORY oF ENGLAND. her had invefted with the fovereignty of thefe conquered: provinces, under the title of the principality of Aquitaine*. ‘The prince feem- ed now to have entirely changed his fentiments with regard to the Spanifh tranf- actions: Whether. that he was moved by the generofity of fupporting a diftreft prince, and thought, as ‘5 but too ufual among fovereigns, that the rights of the people were a matter of much lefs confideration ; or dreaded the acquifition of fo powerful a confederate to France as the new King of Caflile 5. or what is moft probable, was impatient of reft and eafe, and fought only an opportunity of exerting his miltary talents, by which he had already acquired fo much renown. He promifed his aMiftance to the dethroned monarch ; and having obtained the confent of his-father,. he levied a great army, and fet out upon his enterprize. He was accompanied by his younger brother, John of Gaunt, created duke of Lan-. cafter, in the place of the good prince of that name, who had died without any male iffue, and whofe daughter he had efpoufed. Chandos alfo, who bore among the Englifh the fame character, which Du Guefclin had acquired among the French, commanded under him in this expedition. Tue firft blow which the prince of Wales gave to Henry de Tranftamare, was- the recalling all the companies from his fervice; and fo much reverence did they bear to the name of Edward, that great numbers of them immediately withdrew from Spain, and ‘nlifted under his ftandard. Henry however, beloved by his new fubjects, and fupported by the King of Arragon and others of his neighbours, was able to meet the enemy with an army of 100,000 men; forces three times more nu- merous than thofe commanded by Edward. Du Guefclin and all his experienced Wales, whom his fat “officers advifed him to delay any decifive action, to cut off the prince of Wales’s: provifions, and to avoid every engagement with a general, whofe enterprizes had hitherto been always conducted with prucence, and crowned with fuccefs. Henry - trufted too much to his numbers; and ventured to encounter the Englifh prince at Najaray}. Hiftorians of that age are commonly very copious in defcribing | the fhock of armies in-battle, the valour of the combatants, the flaughter and various fucefies of the day : But tho’ fmall rencounters in thofe times were often well difputed, the military difcipline was always too imperfect to preferve order in great armies; and fuch actions deferve more the name of routs than of battles. Henry was chaced off the field with the lofs of above 20,000 mcn: There pe- rifhed only four knights and forty private men on the fide of the Englhifh. Perer, who fo well merited the infamous epithet which he bore, propofed to murder all his prifoners in cold blood; but was reftrained from this barbarity by the remonftrances of the prince of Wales, All Caftile now fubmitted to the * Rymer, vol. vi. ps 384. Froiffart, liv. 1..chap. 231. + Froiffart, liv. 1, chap. 241. 0 | Sort Bin Ws ok oR 227 victor :. Peter was reftored to the throne: And Edward finifhed this perilous en- terprize with his afual glory. But he had foon reafon to repent the aflociating Limfelf with a man like Peter, abandoned to all fenfe of virtue and honour. The ungrateful tyrant refufed the ftipulated pay to the Englifh forces; and Ed- ward, finding his foldiers daily perifh by ficknefs, and even his own health im- paired by the climate, was obliged, without receiving any fatisfaction on this head, to return into Guienne*. Tur monftrous cruelties, exercifed by Peter over his helplefs fubjects, whom he now regarded as vanquifhed rebels, revived all the animofity of the Caftilians againft him; and on the return of Henry de Tranftamare, together with Du Guefclin, and fome forces levied anew in France, the tyrant was again dethron- ed, and was taken prifoner. His brother, in refentment of his cruelties, mur- dered him with his own hand; and was placed on the throne of Caftile, which he tranfmitted to his pofterity. The duke of Lancafter, who efpoufed in fecond marriage the eldeft daughter of Peter, inherited only the empty title of that fove- reignty, and encreafed the animofity of the new King of Caftile againft England. Bur the prejudice, which the affairs of prince Edward received from this fplen- did, tho’ imprudent expedition, ended not with it. He had involved himfelf in fo much debt by his preparations and the pay of his troops, that he found it ne- ceflary on his return, to impofe on his principality a new tax, which fome of the nobility fubmitted to with extreme reluctance, and to which others abfolutely re- fufed compliance +. This incident revived the animofity which the inhabitants bore to the Englifh, and which all the amiable qualities of the prince of Wales were not able to mitigate or afluage. They complained, that they were confi- dered as a conquered people, that their privileges were difregarded, that all cruft was given to the Englifh alone, that every office of honour and profit was con- ferred on thefe foreigners, and that the extreme reluctance, which moft of them had expreffed, to receive this new yoke, was likely to be long remembered acainft them. They caft, therefore, their eyes towards their antient fovereign, * Froiffart, liv. 1. chap. 242, 243. Walfingham, p. 182. 4+ This tax was a livre upon a hearth ; and it was imagined, that this impofition would have yield- ed 1,200,000 livresa year, which fuppofes fo many hearths in the provinces poffeffed by the Enelifh. But fuch loofe conjectures have no manner of authority, much lef, in fuch ignorant times. There was a ftrong inftance of it in the prefent reign, The houfe of commons granted the King a tax of twenty-two fhillings on each parith, fuppofing that the amount of the whole would be 50,co00 pounds, But they were found to bein a miftake of near fix to one. Cotton, p. 3. And the privy council affumed the power of augmenting the tax, fo as to make it anfwer the fums propofed to be levied by it; which was certainly a very irregular practice. o 2 whofe ‘] Vi7tT Chap. XVI. 1507* 1368, R upture Vy ith Mrance. na A ee eter 5 ee — = ~~ = See ee ee | i we i : Hf H 1 | ae i Se Ries On 4 i { Aj } i ; i, 228 H L340 Bi: 627 a Gu 2 ND. Chap. XVI. whofe prudence, they found, had now brought the affairs of his Mnedons into 1368. 7369, excellent order; and the counts of Armagnac, Comminge, and Perigord, the lord d’Albert, with other nobles, went to Paris and were encouraged to carry their complaints to Charles, as to their lord paramount, againft thefe ‘oppréffions of the Englifh government *. In the treaty of Bretigni it had been agreed, that the two Kings fhould make renounciations; Edward of his claim to the crown of France and to the provinces of Normandy, Mayne, and Anjou; John of the homage and fealty due for Gui- enne and other provinces ceded to the Englifh. But when that treaty was confirmed and renewed at Calais, it was found neceflary, on account of fome formalities peculiar to the feudal law, that the mutual renounciations fhould for fome time be deferred; and it was agreed, that the parties, meanwhile, fhould make no ufe of thefe claims againft each other +. Tho’ the failure in exchanging thefe renounciations had ftill proceeded from France, Edward appears to have taken no umbrage at it;_ both becaufe this claufe feemed to give him entire fe- curity, and becaufe fome reafonable apology had probably been made to him for each delay. It was, however, on this pretence, grofs and iniquitous as it was, that Charles refolved to ground his claim, of confidering himfelf ftill as fu- perior lord of thefe provinces, and of receiving the appeals of his fub-vaffals §. Bur as the views of policy, more than thofe of juftice, enter into the delibe- rations of princes; and as the mortal injuries received from the Englifh, the pride of their triumphs, the fevere terms impofed by the treaty of peace, feem- ed to render every prudent means of revenge honourable againft them; Charles was determined to take this meafure, lefs by the reafonings of his civilians and lawyers, than by the prefent fituation of the two monarchies. He confidered the declining years of Edward, the Janguifhing ftate of the prince of Wales’s health, the affection which the inhabitants of all thefe provinces bore to their antient maf- ter, their diftance from England, their contiguity to France, the extreme ani- mofity expreffed by his own fubjeéts againft thefe invaders, and their ardent thirit of vengeance; and having made filently all the preparations requifite, he fent to the prince of Wales a fummons to appear in his court at Paris, and there to jufti- fy his conduct towards his -vaffils, The prince replied, that he would come to Paris; but it fhould be at the head of fixty thoufand men}. The unwarlike character of Charles kept Edward, even yet, from thinking, that that monarch was in earneft, in this bold and hazardous attempt. + Rymer, vol. Vi. Pp. 219; 230, 237. { Rot. Frane. § Froiffart, liv. 1. chap. 245. * Froiffart, liv. 1. chap. 244. 35 Edw. II). m. 3. from Tyrrel, vol. iii. p. 643. | Froiffart, liv, 1. chap. 247, 248. {rt ED’ WoAER. DS RE 229 Ir foon appeared what a poor return the King received by his diftant conquetts for all the blood and treafuré expended in the quarrel, and how impoffible it was to retain acquifitions, in an age when no regular force could be maintained fufficient to defend them againft the revolt of the inhabitants, much lefs, if that danger was conjoined with the invafion of a foreign enemy. Charles fell firft upon Ponthieu, ~ which gave the Englifh an inlet into the heart of France: The citizens of Abbe- ville opened their gates to him *; Thofe of St. Valori, Rue, and Crotoy imitated the example, and the whole country was in a little time reduced to fubmiffion- The dukes of Berri and:Anjou, brothers to Charles, being affifted by Du Guefclin,. who was recalled from Spain, invaded the fouthern provinces; and by means of their good conduct, the favourable inclinations of.the-people, and the ardour of the French nobility, they made every day confiderable progrefs againft the Englihh, The ftate of the prince of Wales’s health did not permit him to mount on horfe- back, or exert his ufual activity : Chandos, the conftable of Guienne, was flain in one action |: The Captal de Buche, who fucceeded him in that office, was taken prifoner in another {: And when young Edward himfelf was obliged by his increafing infirmities to throw up the command, and return to-his native country, the Englifh affairs in the fouth of France feemed to be menaced with a total ruin. Epwarp, incenfed at thefe injuries, threatned to put to death all the French: hoftages, who remained in. his hands. but on reflection abftained from that un- generous revenge. After refuming, by advice of parliament, the vain title of King of France ||, he endeavoured to fend fuccours into Gafcony ; but all his at- tempts, both by fea and land, proved-unfuccefsful. The earl of Pembroke was intercepted at fea and taken prifoner with his whole army near Rochelle by a fleet, which Henry, King of Caftile, had fitted out for that purpofe §: Edward himfelf embarked for Bourdeaux with another army; but was fo long detained by contrary winds, that he was obliged to lay afide the enterprize |. Sir Robert Knolles, at the head of 30,000 men, marched out of Calais, and continued his ravages to the gates of Paris, without being able to provoke the enemy to an engagement : Efe proceeded on his march to the provinces of Maine and Anjou, which he laid wafte ;. but part of his army being there. defeated by the conduct of Du Guefclin, who was now created conftable of France, and who feems to have been the firft confummate general, that had yet appeared in Europe, the ref * Walfingham, p. 183. t Pro ffart, hiv. 1. chap. 277. Walfingham, p, 18%. { Fronffart, liv. 1. chap. 310. | Rymer, vol. vi. :p. 621. Cotton’s'Abridg. p, 108.. § Froiffart, liv. 1 chap, 902, 303, 304... Walfingham, p. 186, + Froiffart, liv. 1. chap. 311. Walfingham, p. 187. were: Chap. XVI. 1369. 13.70, Ill fuccefs of the Englifh., C)} #30 mts TO Ra ar ENGLAWN D. Chap. XVI. were feattered and difperfed, and the {mall remains of it, inftead of ‘reaching 3372 Guienne, took fhelter in Brittany, whofe fovereign had embraced the alliance of England *. The duke of Lancafter, fome time after, made a like attempt with an army of 25,0Co men and marched the whole length of France from Calais to Bourdeaux ; but was fo much harraffed by the flying parties which attended him, that he brought not the half of his army to the place of their deftination. Edward, from the neceffity of his affairs, was at lat obliged to conclude a truce with the enemy T 3 after almoft all his antient pofieffions in France had been ravifhed from him, except Bourdeaux and Bayonne, and all his conquefts, except Calais. Tus decline of the King’s life was expofed to many mortifications, and cor- refponded not to the fplendid and noify fcenes, which had filled the beginning and the middle of it. Befides feeing the lofs of his foreign dominions, and being baffled in every attempt to defend them; he felt the decay of his authority at home, and experienced, from the fharpnefs of fome parliamentary remon{trances, the great inconftancy of the people, and the influence of prefent fortune over all their judgments T. This prince, who, during the vigour of his age, had been chiefly occupied in the purfuits of war and ambition, began, at an unfeafonable period, to indulge himfelf in pleafure ; and being now a widower, he attached himfelf to a lady of fenfe and fpirit, one Alice Pierce, who acquired a great afcendant over him, and by her influence gave fo much difguft to his people, that, in order to fatisfy the parliament, he was obliged to remove her from court ||. The indolence alfo, naturally attending old age and infirmities, had made him, in a great meafure, refion the adminiftration into the hands of his fon, the duke of Lancafter, who, as he was far from being popular, weakened ex- tremely the affection, born by the Englifh to the perfon and government of the Kine. Men carried their jealoufies very far againft the dukes and as they faw, with infinite regret, the death of the prince of Wales every day approaching, they apprehended, left the fucceffion of his fon, Richard, now a minor, fhould be defeated by the intrigues of Lancatter, and by the weak indulgence of the old King. But Edward, in order to fatisfy both the people and the prince on this head, declared in parliament his grandfon heir and fuccefior to the crown; and thereby cut off all the hopes of the duke of Lancafter, if he ever had the teme- ete tater? pest => es ee ee ee i . i if in My Oc aiae ie we i oy : HI Me i bt i » ue - 24 sre ree EE == hte Sere rity to entertain any. } 1376. mee ie ae Sth Jone. Tue prince of Wales, after a lingering illnefs, died in the forty-fixth year of Death age his age; and left a charaéter, illuftrated by every eminent virtue, and from prince Wales. * Froiffart, liv. 1. chap. 291. Walfingham, p. 185. + Froiffart, liv. 1. chap. 321, Walfingham,. p. 187. + Walfingham, p. 189. Ypod. Neuft 530. | Walfingham, p. 189, his > ae S ~ a a eS a _ a he ED WAR D._ Ut 231 his earlieft youth till the hour he expired, unftained by any blemifh. His valour and military talents formed the fmalleft part of his merit: His generofity, huma- nity, affability, moderation, oained him the affections of all the world ; and he was qualified to throw a luftre, not only on that rude age, in which he lived, and which nowife infeéted him with its vices, but on the moft fhining period of .an- tient or modern hiftory. The King furvived about a year this melancholy inci- dent: England was deprived at once of both of thefe princes, its chief orna- ment and fupport : He expired in the fixty-fifth year of his age and the fifty-firft of his reign; and the people were fenfible, tho’ too late, of the irreparable lofs, which they had fuftained. Tne Englifh are apt to confider with peculiar fondnefs the hiftory of Ed- ward-lII. and to efteem his reign, as it was one of the longeft, the moft glo- rious alfo, which occurs in the annals of their nation. The afcendant which they then began to acquire over France, their rival and national enemy, makes them caft their eyes on this period with great complacency, and fanctifies every meafure, which Edward embraced for that end. But the domeftic government of this prince is really-more admirable than his foreign victories ; and Engiand enjoyed, by the prudence and vigour of his adminiftration, a longer interval of domeftic peace and tranquillity than fhe had been bleft with in any former period, or than fhe experienced for many ages after. He gained the affections of the great, yet curbed their licentioufnefs: He made them feel his power, without Chap. XVI. Death and character of the King. their daring, or even being inclined, to murmur at it: His affable and obliging. behaviour, his munificence and generofity, made them fubmit with pleafure to his dominion; his valour and conduct made them fuccefsful in moft of their en- terprizes ; and their unquiet. fpirits, directed againft a public enemy, had no leifure to breed thofe difturbances, to which they were naturally fo much in- clined, and which the frame of the government feemed fo much to authorize. This was the chief benefit, which refulted from Edward’s victories and conqueits. His foreign wars were, in other refpects, neither founded in juflice, nor directed to any very falutary purpofe. His attempt again{t the King of Scotland, a minor and a brother-in-law, and the revival of his orandfather’s claim of fuperiority over that kingdom, were both unreafonable and ungenerous ; and he allowed himf{elf to be too foon feduced, by the glaring profpect of French conquetts, from the acquifition of a point, which was practicable, and which might really, . if attain- ed, have been of lafting utility to his country and his fucceflors. The fuccefs, which he met within France, tho’ chiefly owing to his eminent talents, was unexpected ; and yet, from the very nature of things, not from any unforefeen accident, . was- found,. even during his own life-time, to have procured him no folid advantages. , But Chap. XVL.- 1377+ Mifcellaneous tranfactionsin this reign. CJ 232 HisTORY or EN GLAN D. But the glory of a Conqueror is fo dazling to the vulgar, the animofity of nations +s fo extreme, that the fruitlefs defolation of fo fine a part of Europe, as Frances is totally difregarded by us, and is never confidered as a blemifh in the character or conduct of this prince: And indeed, from the unfortunate ftate of human na- ture, it will commonly happen that a fovereign of great genius, fuch as Edward, who ufually finds every thing eafy in his domeftic government, will turn himfelf cowards military enterprizes, where alone he meets with oppofition, and where he has full exercife for his induftry and capacity. Epwarp had a numerous pofterity by his Queen, Philippa of Hainault. His eldeft fon was the heroic Edward, commonly called the Black Prince, from the colour of his armour. This prince efpoufed his coufin Joan, commonly called the fair maid of Kent, daughter and heir of his.uncle, the earl of Kent, who was beheaded in the beginning of this reign. She was firft married to Sir. Thomas Holland, by whom fhe had children. She had a fon, Richard, by the prince of Wales, who alone furvived his father. Tue fecond fon of King Edward (for we pafs over fuch as died in their child- hood) was Lionel duke of Clarence, who was firft married to Elizabeth de Burgh, daughter and heir of the earl of Ulfter, by whom he left only one daughter, married to Edmund Mortimer, earl of Marche. Lionel efpoufed in fecond mar- riage, Violante, the daughter of the duke of Milan *, and died in Italy foon after the confummation of his nuptials, without leaving any pofterity by that princefs. Of all the family, he refembled moft his father and eldeft brother in his noble qualities. Epwarp’s third fon was John of Gaunt, fo called from the place of his birth: He was created duke of Lancafter ;. and from him fprung that branch, which af- terwards poffefled the crown. The fourth fon of this royal family was Edmund, created earl of Cambridge by his father, and duke of York by hisnephew. The fifth fon was Thogias, who received the title of earl of Buckingham from his father, and that of duke of Glocefter from his nephew. In order to prevent confufion, we fhall always diftinguith thefe two princes by the titles of York and Glocefter, even before they were advanced to them. Tuere were alfo feveral princefles born to Edward by Philippa, vz. Ifabella, Joan, Mary and Margaret, who efpoufed, in the order of their names, Ingelram de Coucy earl of Bedford, Alphonfo King of Caftile, John de Mountfort duke of Brittany, and John Haftines earl of Pembroke, The princefs Joan died at Bour- deaux before the confummation of her marriage. | Ir is remarked by an elegant hiftorian +, that Conquerors, tho’ ufually the bane of human kind, proved often in thofe feudal times, the moft indulgent of * Rymer, vol, vi, p. 564. + Dr, Rebertfon’s hiftory of Scotland, book 1. fovereigns : fo & ~ j BD Wa’ Rh: b*. tir 22% Js fovercions : They ftood moft in need of fupplies from their people; and not be- ing able to compel them by force to fubmit to the neceflary impofitions, they were obliged to make them fome compenfation, by equitable laws and popular conceflions, ‘This remark \is, in fome meafure, tho’ imperfectly, juftified by the conduct of Edward III. He took no fteps of moment without confulting his parliament, and obtaining their apptobation, which he afterwards pleaded as a reafon for their fupporting his meafures*. The parliament therefore rofe into greater confideration during his reign, and acquired a more regular authority than in any former times; and even the houfe of commons, which, during tur- bulent and factious periods, was naturally oppreffed by the greater power of the crown and barons, began to appear of fome weight in the conftitution, In the latter years of Edward, the King’s minifters were impeached in parliament, par- ticularly lord Latimer, who fell a facrifice to their authority +; and they even obliged him to banith his miftrefs by their remonftrances, Some attention was allo paid to the elections of their members; and lawyers, in particular, who were, at that time, men of very inferior character, were totally excluded the houfe during feveral parliaments f. One of the moft popular laws, enaéted by any prince, was the {tatute, which pafled in the twenty-fifth of this reign |, and which limited the cafes of high treafon, before vague and uncertain, to three principal heads, the confpiring the death of the King, the levying war again{ft him, and the adhering to his ene- mies; and the judges were prohibited, if any other cafes fhould occur, from in- flicting the penalty of treafon, without an application to parliament. The bounds of treafon were indeed fo much limited by this ftatute, which ftil] remains in force without any alteration, that the lawyers were obliged to enlarge them, and to explain a confpiracy for levying war again{t the King to be equivalent toa confpiracy againft his life; and this interpretation, feemingly forced, has, from the neceflity of the cafe, been tacitly acquiefced in. It was alfo Ordained, that a parliament fhould be held once a year or Oftner, if need be: A law which, like Many others, was never obferved, and loft its authority by difufe §. Fpwarp granted above twenty parliamentary confirmations of the ereat char- ter; and thefe conceffions are commonly appealed to as proofs of his creat in- dulgence to the people, and his tender regard to their liberties, But the con- trary prefumption is much more natural. If the maxims of Edward’s reign had not been in general fomewhat arbitrary, and if the great charter had not been fre- quently violated, the parliament would never have applied for thefe frequent * Cotton’s Abridg. p. 108, 120. t Cotton’s Abridg. p. 122, } Cetton’s Abridg. p. 18, | Chap, 2. § 4 Edw. HI. cap. 14. Vou, I. Hh confirmations, Chap. XVI, 1377: Pde. Cie ain ee ae Ra meer BN = = See oa — —— SS 5 = < ome os It tit a fA - + F } tf a Wi \ ae it Hit! \ ae 7 } i) NP oF 7 ! eM at \) f } : / 1 q ' + Me ¥ A \ i ne Gl We hi i Chap. XVI. 1377: 234 mTsTOR TY. 6 EA G iw ND. confirmations, which could add no force to a deed regularly obferved, and which could ferve to no other purpofe, than to prevent the contrary precedents from turn- ing into a rule, and acquiring authority. It was indeed the effect of the irregular government during thofe ages, that a ftatute, which had been enacted fome years, inftead of acquiring, was imagined to lofe force by time, and needed to be often renewed by recent ftatutes of the fame fenfe and tenor. Hence likewife that ge- neral claufe, fo frequent in old acts of parliament, that the flatutes enacted by the King’s progenitors, fhall be obferved *; a precaution, which, if we do not confider the circumftances of the times, might appear abfurd and ridiculous. The frequent confirmations in eeneral terms of the church’s privileges proceeded from the fame caufe. It is a claufe in one of Edward’s ftatutes, that no man, of what eftate or con- dition foever, foall be put out of land or tenement, nor taken nor imprifoned, nor dif- herited, nor put to death, without being brought in anfwer by due proces of the law +. This privilege was fufficiently fecured by a claufe of the great charter, which had received a general confirmation in the firft chapter of the fame ftatute. Why then is this claufe fo anxioufly, and, as we may think, fo fuperfuoufly repeated ? Plainly, becaufe there had been fome late infringements of it, which gave um- brage to the commons f. Bur there is no article, in which the laws are more frequently repeated during this reign almoft in the fame terms, than that of purveyance, which the parlia- ment always calls an outrageous and intolerable grievance,’ and the fource of infinite damage to the people |. The parliament tried to abolifh this prerogative alto- gether, by prohibiting any one to take goods without the confent of the owners §, and by changing the heinous name of purveyors, as they call it, into that of buyers 4: But the arbitrary conduct of Edward fill brought back the grievance upon them ; tho’ contrary both to the Great Charter, and to many. ftatutes. This diforder was in a good meafure derived from the ftate of the public Gnances and of the kingdom; and could therefore the lefs admit of any re- medy. The prince frequently wanted ready money ; yet his family muft be provided for: And he was obliged to employ force and violence for that pur- pofe, and to give tallies, at what rate he pleafed, to the owners of the goods which he laid hold of. The kingdom alfo abounded fo little in commodities, that, had the owners been ftrictly protected by law, they could eafily have exacted * 36 Edw. lil. cap. 1. 37 Edw. IW. cap. 1, &c. t+ 28 Edw. II!. cap. 3. t+ They plainly affert, im the 15th of this reign, that there had been fuch inftances, Cotton's Abridg. p. 31. They repeat the fame in the 21ft year. See p. 59. | 36 Edw. ILL &e, § 142dw. UI. cap. 19. 4 36 Edw. iI. cap. 2. | 2 any x * pet SS a i DoW. oA aR il, 235 any price from the King; efpecially in his frequent progrefies, when he came to diftant and poor places, where the court did not ufually refide, and where a regular plan for fupplying it could not eafily be eftablithed. Tne magnificent caftle of Windfor was built by Edward IIT. and his method of condu¢ting that work may ferve as a fpecimen of the condition of the people in that age. Inftead of alluring workmen by contracts and wages, he affeffed every county in England to fend him fo many mafons, tilers, and carpenters, as if he had been levying an army*. Turvy miftake, indeed, very much the genius of this reign, who imagine that it was not very arbitrary. All the high prerogatives of the crown were to the full exerted in it; but what was fome confolation, and promifed in time fome relief to the people, they were always complained of by the commons: Such as the difpenfing power T, the extenfions of the forefts ¢; the erecting monopolies jj, the farft of the kind which we read of ; the exa&ting of loans §; the ftopping of juftice by particular warrants |; the renewal of the commiffions of trail baton * ; the prefling of men and fhips into the public fervice +; the levying of arbitrary and exorbitant fines}; the extending the authority of the privy-council or ftar- chamber to the decifion of private caufes{}; the enlarging the power of the marefchal’s and other arbitrary courts § ; the imprifoning members for freedom of {peech in parliament |; the obliging people without any rule to fend recruits of men at arms, archers, and hoblers, to the army *. Bur there was no act of arbitrary power more frequently repeated in this reign, than that of the impofition of taxes without confent of parliament. Tho’ that aflembly granted the King more fupplies than ever had been obtained by any of his predeceffors, his great undertakings and the neceffity of his affairs obliged him ftill to levy more; and after his great fuccefs againit France had added weight to his authority, thefe impofitions became almoft annual and perpetual, Cotton’s Abridgement of the records affords numerous inftances of this kind, in the firft + year of his reign, in the thirteenth year {, in the fourteenth jj, in the twentieth §, in the twenty-firft 1, in the twenty-fecond *, in the twenty-fifth +, in the thirty-eighth }, in the fiftieth fl, and in the fifty-firft §. * Afhmole’s Hift. of the Garter, p. 129. + Cotton’s Abridg. p. 148. Tt Cotton, p. 71. || Cotton’s Abridg. p. 56. 61, 122. § Rymer, vol. v.. p. agi. 574. Cotton’s Abridg. p. 56. + Cotton, p. 114, * Cotton, p. 67. + Cotton’s Abridg. p. 47. 79. 113. { Cotton’s Abridg. p. 32. || Cotton’s Abridg.’ p. 74. § Ibid. + Walfing. p. 189, 190. * Tyrrel’s Hift, vol. iii. Pp. 554, from the records. + Rymer, vol, iy. p. 363. + DP. 19288; J) P. 39. _\> Pras: + P. 52, 53. §7, 58. * P. 69. + 2. 3G. t P.1o1, i] P. 138, § P. 352, Hh 2 THE 236 HISTORY or ENGLAND. Chap. XVI. Tue King openly avowed and maintained this power of levying taxes at plea- 377° fure. Atone time, he replied to the remonftrance of the commons, that the im- pofitions had been exacted from great neceffity, and had been affented to by the prelates, counts, barons, and /fome of the commons * ; at another, that he would advife with his council-+. When the parliament defired, that a law might be enacted for the punifhment of fuch as levied thefe atbitrary impofitions; he re- fufed compliance $. In the fubfequent year, they defired that the King might renounce this pretended prerogative ; but his anfwer was, that he would levy no taxes without neceffity, for the defence of the realm, and where he reafonably might ufe that authority §. This incident pafied a very few days before his death and thefe were, in a manner, his laft words to his people. It would feem, that the famous charter or ftatute of Edward I. de tallagio non concedendo, tho’ never repealed, was fuppofed to have already loft by age all its authority. Turse faéts can only fhow the praéfice of the times: For as to the right, the continual remonftrances of the commons may feem to prove that it rather lay on their fide: At leaft, thefe remonftrances ferved to prevent the arbitrary practices of the court from becoming an eftablifhed part of the conftitution. In fo much a better condition were the privileges of the people even during the arbitrary reign of Edward lll. than during fome fubfequent ones, particularly thofe of the Tu- dors, where no tyranny or abufe of power ever met with any check or oppofition, or fo much as a remonftrance, from parliament. Ir is eafy to imagine, that a prince of fo much fenfe and fpirit as Edward, would be no flave to the courtof Rome. Tho’ the old tribute was paid during, fome years of his minority |], he afterwards with held it; and when the Pope in 1367 threatened to cite him to the court of Rome, for default of payment, he laid the matter before his parliament. That affembly unanimoufly declared, that King John could not without a national confent, fubject his kingdom to a foreign. power: And they were therefore determined to fupport their fovereign againit this exorbitant pretenfion 1. Durine this reign, the ftatute of provifors was enacted, rendering it penal to procure any prefentations to benefices fram the court of Rome, and fecuring the rights of all patrons and electors, which had been extremely encroached on by the Pope*. By a fubfequent ftatute, every perfon was out-lawed who carried, any caufe or appeal to the court of Rome Tf. . * Cotton, p. 53. He repeats the fame anfwer in p. 60. Some of the commons were fuch as he; was pleafed toconfult with. + Cotton, p. $7. ¢ Cotton, p. 138. § Cotton, p. 1§2.. i} Rymer, vol. iv. p. 434. 4 Cotton’s Abridg. p. 110. * 25 Edw, Lil... 27 Edw, ILL + 27 Edw. UI, 38 Edw. IL. Tus i it A, ‘ a a a 9 6 ew ie QE 5 BE iD) WaA.R Ds ct 237 Tue laity at this time feem to have been extremely prejudiced againft the Pa- Chap. XVL pal power, and even fomewhat againft their own clergy, becaufe of their con- nexions with the Roman pontiff. They pretended that the ufurpations of the Pope were the caufe of all the plagues, injuries, famine, and poverty of the realm ; was more. deftructive to it than all the wars; and was the caufe why it con- tained not a third of the inhabitants and commodities, which it formerly poffef- fed: That the taxes, levied by him, exceeded five times thofe paid to the King : That every thing was venal in that finful city of Rome, and that even the pa- trons in England had thence Jearned to pradtice fimony without remorfe or {cru- ple*. At another time, they petition the King to employ no churchman in any office of ftate +; and they even fpeak, in plain terms, of expelling by force the papal authority, and thereby providing a remedy againft oppreffions, which they neither could nor would any longer endure +. Men who talked in this ftrain, were not far from the reformation : But Edward did not think proper to fecond all this zeal, Tho’ he paffed the ftatute of provifors, he took little care of its execution ; and the parliament made frequent complaints of his negligence on this head §. He was content with having reduced fuch.of the Romith ecclefiaf- tics, as poffefled revenues in England, to depend entirely upon him by means of that ftatute. As to the police of the kingdom during this period, it..was certainly better than during times of faction, civil wars, and diforder, to which England was fo: often expofed: Yet were there feveral vices in the conititution, the bad confequen- ces of which all the power and vigilance of the King could not prevent. The ba- rons, by their confederacies with thofe of fheir own order, and by fupporting. and defending their retainers in every iniquity |], were the chief abcttors of rob- bers, murderers, and ruffians of all kinds ; and no law could be executed acain{t thefe criminals. The nobility were brought to give their promife in parliament, that they would not avow, retain, or fupport any felon or breaker of the law |; yet this engagement, which we may wonder to {ee exacted from men of their rank, was never regarded by them.* Fhe’ commons make continual com: plaints of the multitude of robberies, murders, ravifhment of women, and other diforders, which, they fay, were become numberlefs in every part of the king- dom, and which they always afcribe to the proteétion which the criminals receiv- ed from the great *, .. The King of Cyprus, who paid a vifit to England during: ; a» this reign, was robbed and ftript on the high-way with his whole retinue +. * Cotton; p: 74. 128, 129. + Co:ton, p. tr2. t Coton, p: ar. § Cotton, Ps 119. 128, 129, 130. 248, |. 11 Edw. ILI. chap. 14,. 4 Edw. UI chap, 2, (ag Edw. IT. chap. 4. + Cotton, p.. 10. * Cotton, p. 51.62. 64. 20.160, ¢ Walling. p. 179. I Edward 137 74 2. f tee S30b TM os 1 ei Peo a ee eS ee inh 236 HISTORY or ENGLAND. Chap. XVI. Tue King openly avowed and maintained this power of levying taxes at plea- 377+ fure. At one time, he replied to the remonftrance of the commons, that the im- pofitions had been exacted from great neceffity, and had been affented to by the prelates, counts, barons, and /ome of the commons *; at another, that he would advife with his council-+.. When the parliament defired, that.a law might be enacted for the punifhment of fuch as levied thefe arbitrary impofitions, he re- fufed compliance {. In the fubfequent year, they defired that the King might renounce this pretended prerogative ; but his an{wer was, that he would levy no taxes without neceffity, for the defence of the realm, and where he reafonably might ufe that authority §: This incident paffed a very few days before his death ; and thefe were, in a manner, his laft words to his people. It would feem, that the famous charter or ftatute of Edward I. de tallagio non concedendo, tho’ never repealed, was fuppofed to have already loft by age all its authority. Turse faéts can only fhow the prafice of the times: For as to the right, the continual remonftrances of the commens may feem to prove that it rather lay on their Gide: At leaft, thefe remonftrances ferved to prevent the arbitrary practices of the court from becoming an eftablifhed part of the conftitution. In fo much a better condition were the privileges of the people even during the arbitrary reign of Edward LI. than during fome fubfequent ones, particularly thofe of the Tu- dors, where no tyranny or abufe of power ever met with any check or oppofition, or fo much as a remonftrance, from parliament. Ir is eafy to imagine, that a prince of fo much fenfe and fpirit as Edward, would be no flave to the courtof Rome. Tho’ the old tribute was paid during. fome years of his minority |], he afterwards with held it; and when the Pope in 1367 threatened to cite him to the court of Rome, for default of payment, he laid the matter before his parliament. That affembly unanimoutfly declared, that King John could not without a national confent, fubject his kingdom to a foreign power: And they were therefore determined to. fupport their fovereign againit this exorbitant pretenfion |. Durine this reign, the ftatute of provifors was enacted,. rendering it penal to procure any prefentations to benefices fram the court of Rome, and fecuring the rights of all patrons and electors, which had been extremely encroached on by the Pope*. By a fubfequent ftatute, every perfon was out-lawed who carried, any caufe or appeal to the court of Rome 7. ) > * Cotton, Pp. 53. He repeats the fame anfwer in p. 60. Same of the commons were {uch as he; was pleafed toconfult with. + Cotton, p. 57- ¢ Cotton, p. 138. § Cotton, p. 152.. * 25 Edw. Lil.:. 27 it Rymer, vol.'iv. p. 434. 4 Cotton’s Abridg. p. 110. Edw, JL + 27 Edw. IT, 38 Edw. IL. Tas { . — ik a See 7) Page: $5 a a ey oS, ED WAR Ds UL 237 Tue laity at this time feem to have been extremely prejudiced againft the pa- Chap. XVL pal power, and even fomewhat againft their own clergy, becaufe of their con- 377. nexions with the Roman pontiff. They pretended that the ufurpations of the Pope were the caufe of all the plagues, injuries, famine, and poverty of the realm ; was more, deftructive to it than all the wars; and was the caufe why it con- tained not a third of the inhabitants and commodities, which it formerly poffef- fed: That the taxes, levied by him, exceeded five times thofe paid to the King > That every thing was venal in that finful city of Rome, and that even the pa- trons in Eneland had thence learned to practice fimony without remorfe or fcru- ple*. At another time, they petition the King to employ no churchman in any office of ftate +; and they even fpeak, in plain terms, of expelling by force the papal authority, and thereby providing a remedy again{t oppreffions, which they neither could nor would any longer endure ++ Men who talked in this ftrain, were not far from the reformation: But Edward did not think proper to fecond all this zeal. Tho’ he paffed the ftatute of provifors, he took little care of its execution ; and the parliament made frequent complaints of his negligence ‘on this head §. He was content with having reduced fuch,of the Romith ecclefiaf- tics, as poffefied revenues in England, to depend entirely upon him by means of that ftatute. As to the police of the kingdom during this period, it.was certainly better than during times of faction, civil wars, and diforder, to which England was fo often expofed: Yet were there feveral vices in the conilitution, the bad confequen- ces of which all the power and vigilance of the King could not prevent. The ba- rons, by their confederacies with thofe of ficir own order, and by fupporting and defending their retainers in every iniquity |, were the chief abettors of rob. bers, murderers, and ruffians of all kinds ; and no law could be executed again {t thefe criminals. The nobility were brought to give their promife in parliament, that they would not avow, retain, or fupport any felon or breaker of the law |; yet this engagement, which we may wonder to {ee exacted from men of their rank, was never regarded by them. Fhe* commons make continual com. plaints of the multitude of robberies, murders, ravifhment of women, and other diforders, which, they fay, were become numberlefs in every. part of the king- dom, and which they always afcribe to the proteétion which the criminals receiv- ed from the great *, The King of Cyprus, who paid a vifit to England during J this reign, was robbed and ftript on the high-way with his whole retinue +. * Cotton, p. 74, 128, 129. + Co:ton, p. rr2. t Cotton, p: ar. § Cotton,, P. 119. 128, 129, 1306 448, | 11 Edw. ILI. chap. 14,. 4 Edw. 111 chap, 2. ag Edw. IIT. chap. 4. + Cotton, p.. 10. * Cotton, p. 51. 62. G3. 70. 160, + Walling. p. 179. I Edward ee NAR Yas - wr Dee » . hey = noe Sh Oe eee 4 ‘ L n : .™— “ia - er «8 3 et On ner ee ee, 4 — ta ee - Ss w, 2:38 HISTORY 6r/ENGLAND. Chap, XVI. Edward himfelf contributed to this diffolution of law, by his facility in granting '377* pardons to felons from the folicitation of his courtiers. Laws were made to re- “ trench this prerogative * and remonftrances of the commons were prefented againft the abufe of it t+: But to no purpofe. The gratifying a nobleman of power and intereft continued {till to be of more importance than the protection of the people. The King alfo eranted many franchifes, which interrupted the courfe ‘ of juftice and the execution of the laws f. Commerce and induftry were certainly at a very low ebb during this period. | The bad police of the country alone affords a fufficient. reafon. The only ex- | ports were wool, fkins, hydes, leather, butter, tin, lead, and fuch unmanufac- tured goods, of which wool was by far the moft confiderable. Knyghton has i afferted, that 100,000 facks of wool were annually exported, and fold at twen- i ty pounds a fack, money of that age. But he is widely miftaken both in the quantity exported and the value. In 1349, the parliament remonftrate, that the King, by an illegal impofition of forty fhillings on each fack exported, had levied 60,000 pounds a year §: Which reduces the annual exports to 30,000 facks. A fack contained twenty-fix ftone, and each ftone fourteen pounds || ; and. at 2 medium was not valued at above five pounds a fack |, that is, fourteem or fifteen pounds of our prefent money. Knyghton’s computation raifes it to fixty pounds, which is near four times the prefent price of wool in England. Accord- ing to this reduced computation, the export of wool returned about 450,000 pounds of our prefent money, inftead of fix millions, which is an extravagant jum, # -Epwarp endeavoured to introduce and promote the woollen manufacture by siving. protection and encouragement to foreign weavers *, and by enacting a law, prohibiting every one to wear any cloth but of Englifh make --. The par- liament prohibited the exportation of woollen goods, which was not fo well judged, efpecially while the exportation of unwrought wool was fo much allowed-and en- couraged. A like injudicious law. was made againft the exportation of manufac- tured iron ff. In the firft of Richard IL. the parliament complains extremely of the decay of fhipping during the preceding reign, and affert, that one fea port formerly con- tained more veffels than were then to be found in the whole kingdom. This ca- 3 -_ 7: . * ee ee) ee Ne ~ ne teed = I a ! * 10 Edw. IIT. cap, 2. 27 Edw. UIT. cap, 2. + Cotton, p. 75. } Cotton, p. 54. § Cotton, p. 43. 69. | 34 Edw. ILI. cap. 5. 4 Cotton, p. 29. * 11 Edw, III. cap. 5. Rymer, vol. iv, p. 723, Murimuth, p, 88. +41 Edw, HI cap. 2 -= t 28 Edw. cap. 5. | | | lamity, ~ eee : - see ean rae i — — — : - = Spyies 3 -< =, * = = i ae at “ Ts - = ~ ea mre. a, - ¥ = a eS teh es eS xz =? += ——_ Sse see = a = = = - = = ‘=s _— a = eee > ee eee ee 2 FR Hates — - o3 TP —— an =. SS Sa “= rh a Se a e — — os ry = —— + : “ és “2 BE — seer ute Saga = ts = — : = : _ Z at —-. 5 i hecpormst ae 2 - = a meet F ie s — : = ss —s = = ~--=== === -—- —— — ee - Se ee == —- = +0 : ad == : wz id == —— SS SSS ~ et - > a -o-¥ ~— te ro oo : Aver") + = es = as See i Se ; agin Le. 5 on ‘ . S Peseta aor ee Sears 3 Pea = =. ~> on, r t Se ate —s5 <— > = z : eS ee - > " - ’ ’ Chap, XVIL 1377 244 WiSTORY: or ENGLAND. ftill perfevere in hoftilities againft England. Scotland, whofe throne was now filled by Robert Steuart, nephew to David Bruce, and the firft prince of that fa- mily, maintained fuch clofe connexions with France, that war with the one crown almoft neceffarily produced hoftilities with the other. The French monarch, whofe prudent conduét had acquired him the firname of wife, as he had already baffled all the experience and valour of the two Edwards, was likely to prove a dangerous enemy to a minor King ; but his genius, which was not naturally enterprizing, led him not, at prefent, to give any great difturbance to his neigh- bours; and he laboured, befides, under many difficulties at home, which it was ne- ceflary for him to furmount, before he could think of making conquefts in an enemy’s country. England was matter of Calais, Bourdeaux, and Bayonne; had lately acquired poffeflion of Cherbourg, from the ceffion of the King of Na- varre, and of Breft from that of the.duke of Brittany * ; and having thus accefs into France from every quarter, was able, even in its prefent fituation, to give an- noyance to his government. Before Charles could remove them from thefe im- portant pofts, he died in the flower of his age, and left his kingdom to a minor fon, who bore the name of Charles VI. | ™. MEANWHILE the war with France was carried on in a manner fomewhat Ian- guid, and produced no enterprize of great luftre or renown. Sir Hugh Calverley, who had formerly headed a company of banditti in France, (for he as well as Sir Robert Knolles, and many of the moft renowned commanders of Edward, had once followed that difhonourable profeffion,) was governor of Calais; and making an inroad into Picardy, with a detachment of ‘the garrifon, he fet fire to Bov- logne +. The duke of Lancafter conducted an army into Brittany, but returned without being able to: perform any memorable action. In a fubfequent year, the duke of Glocefter marched out of Calais with a body of 2000 cavalry, and 8000 infantry ; and ferupled not, with this {mall army, to enter into the heart of France, and to continue his ravages, thro’ Picardy, Champaigne, the Brie, the Beauffe, the Gatinois, the Orleanois, till he reached his allies in the province of Brittany ¢. The dukeof Burgundy, at the head of a more confiderable army, came within fight of him; but the French were fo over-awed by the former fuc- cefles of the Englifh, that no fuperiority of numbers could tempt them to ven- ture a pitched battle with the troops of that nation. As the duke of Brittany, foon after the arrival of thefe fuccours, formed an accommodation with the court of France; this enterprize alfo proved in the iffue unfuccefsful, and made no du- rable impreffion upon the enemy. * Rymer, vol. vii. p.190. Walfing.p., 209. ff Froiffart, liv. 2. chap. 50, 51. Walfing. p. 239. THE RoyL bo OAR we Bo I. an r Tue expences of thefe armaments, and the ufual want of Oeconomy attending Chap. XVII. a minority, much exhaufted the Englith treafury, and obliged the parliament, in £330; order to fupply it, to impofe a new and extraordinary tax. of three groats on every perfon, male and female, above fifteen years of age; and they ordained that, in levying that tax, the opulent fhould relieve the poor by an equitable compenfation. This impofition excited a mutiny which was very fingular in its circumftances, All hiflory abounds with examples, where the great ty- rannize over the meaner fort: But here the loweft populace rofe again{t their rulers, exercifed the moft cruel ravages upon them, and took vengeance for. all their former oppreffions. Tue faint dawning of the arts.and of good government in that age, had ex- cited the minds of the populace,. in different ftates of Europe, to with for a bet- ter condition, and to murmur againft thofe chains, which the laws, enaéted by the haughty nobility and gentry, had fo long impofed upon them. ‘The com- motions of the people in Flanders, the mutiny of the peafants in France, were the natural effects of this growing fpirit of independance; and the report of thefe events, being brought into England, where perfonal flavery was more general than in any other country of Europe *, had prepared the minds of the multitude for an infurreétion. One John Ball alfo, a feditious preacher, who affeéted low popularity, went about the country, and inculcated on his audience the principles of the firft origin of mankind from one common ftock, their equal right to liberty and to all the goods of nature, the tyranny of artificial diftinétions, and the abufes which had arifen from the degradation of the more confiderable part. of the fpecies, and the aggrandizement of a few infolent rulerst+. Thefe doc- trines, fo agreeable to the populace and fo conformable to the ideas of pri- mitive equality, which are engraven in the hearts of all men, were greedily re-- ceived by the multitude; and had fcattered the fparks-of that fedition, which the. prefent tax raifed into a conflagration. 1381,. Fue impofition of three groats a head had been farmed out to tax-gatherers iabaetine in each county, who levied the money with rigour on the people ;. and the claufe, of the com- of making the rich eafe their poorer neighbours of fome fhare.of the burden, being" assay fo vague and undetermined, had doubtlefs occafioned many partialities, and: made the people more fenfible of the unequal lot, which fortune had affigned them in.the diftribution of her favours. The firft diforder arofe from a black-fmiths. in a village of Effex, The tax-gatherers came to this man’s fhop, while he was- at work, and demanded payment for his daughter, whom he afferted to be- * Frouflart, liv. 2. chap. 74, +. Froiffart, liv. 2. chap. 74. Walfingham, p. 275.. belo w: 246 HISTORY or ENGLAND. Chap. XVII. below the age affigned by the ftatute. One of the fellows offered to produce a 1381. = very indecent proof to the contrary, and at the fame time laid hold of the maid: Which the father refenting, immediately knocked out the rufhian’s brains with his hammer. The byftanders applauded the action, and exclaimed, that it was full time for the people to take vengeance of their tyrants, and to vindicate their native liberty. They immediately flew to arms: The whole neighbourhood joined in the fedition : The flame fpread in an inftant over the county It foon propagated itfelf into that of Kent, of Hertford, Surrey, Suffex, Suffolk, Nor- folk, Cambridge, and Lincoln. Before the government had the leaft warning of the danger, the diforder had rifen beyond controul or oppofition : The popu- ‘Jace had fhaken off all regard to their former mafters: And being headed by the moft audacious and criminal of their affociates, who affumed the feigned names of Wat Tyler, Jack Straw, Hob Carter, and Tom Miller, by which they were fond of denoting their mean origin, they committed every where the moft outrageous violences on fuch of the gentry or nobility as had the misfortune to fall into their hands. | Tue infurgents, amounting to an hundred thoufand men, affembled on Black- heath, under their leaders, Tyler and Straw ; and as the princefs of Wales, the King’s mother, returning from a pilgrimage to Canterbury, paffed thro’ the midft of them, they attacked her company, and fome of the moft infolent among them, to fhow their purpofe of levelling afl mankind, forced kiffes from her; but they allowed her to continue her journey, without attempting any farther injury *. They fent a meffage to the King, who had taken fhelter in the Tower; and defired a conference with him. Richard failed down the river in his barge ; but on approaching the fhore, he faw fuch fymptoms of tumult and in- folence, that he put back and returned to that fortrefs +. The mutinous pea- fants, meanwhile, favoured by the city rabble, had broke into London; had burnt the duke of Lancafter’s palace of the Savoy; cut off the heads of all the gentle- men whom they laid hold of ; exprefied a particular animofity againft the lawyers and attornies; and pillaged the warehoufes of the rich merchants{=. A great body of them quartered themfelves at Mile-end ; and the King, finding no defence in the Tower, which was weakly garrifoned, and ill fupplied with provifions, was obliged to go out to them and afk their demands. They required a general pardon, the abolition of flavery, freedom of commerce in market-towns without tolls or impofts, and a fixed rent on lands inftead of the fervices due by villenage. Thefe requefts, which, tho’ extremely reafonable in themfelves, the nation was = sas : 7 annus = : ; . ae = : + et = e = r — > Ra ee BE 0 a A SS * = nz ~- ————— = ee a ee a a — — re S55 R OMI RN ESE "st -~ — oe Sd - 2S Se ee =— - a 5 — === : +p ager ty ae = St . Be “ ry . se 5 dé = je g2th June. * Froiffart, liv. 2. chap. 74- + Froiffart, liv. 2. chap. 75, + Froiffart, liv. 2. chap. 76. Walfingham, p. 248, 249. rr 2 o argc By: 4 0 eRe Ae Rod I. 247 not fufficiently prepared to receive, and which it was dangerous to have extorted by violence, were however complied with; charters to that purpofe were granted them ; and this body immediately difperfed and returned to their feveral homes *. Durine this tranfaction, another body of the rebels had broke into the Tower ; had) murdered Simon Sudbury, the primate, and chancellor, with Sir Robert - Hales, the treafurer, and fome other perfons of diftinétion ; and continued their ravages in thecity +. The King paffing along Smithfield, very flenderly guard- ed, met with Wat Tyler, at the head of thefe rioters, and entered into a con- ference with him. Tyler having ordered his companions to retire till he thould give them a fignal, after which they were to murder all the company except the King himfelf, whom they were to detain prifoner, feared not to come into the midft of the royal retinue. He there behaved himfelf in fuch a manner, that Walworth, the mayor of London, not able to bear his infolence, drew his {word, and ftruck him fo violent a blow as brought him to the ground, where he was inftantly difpatched by others of the King’s train. The mutineers feeing their leader fall, prepared themfelves for revenge ; and this whole company with the King himfelf, had undoubtedly perifhed on the fpot, had it not been for an ex- traordinary prefence of mind which Richard difcovered on this occafion. He or- dered his company to {top ; he advanced alone towards the enraged multitude ; and accofting them with an affable and intrepid countenance, he afked them, “* What is the meaning of this diforder, my good people? Are you angry that “* you have loft your leader? I am your King: I will be your leader.?? The populace, over-awed by his prefence, implicitly followed him : He led them out into the fields, to prevent any diforder which might have arifen by their continu- ing in the city: Being there joinéd by Sir Robert Knolles and a body of well armed veteran foldiers, who had been fecretly drawn together, he ftri&tly prohi- bited that officer from falling on the rioters, and committing an undiftinguifhed {laughter upon them ; and he peaceably difmiffed them with the fame charters, which had been granted to their companions ¢. Soon after, the nobility and gen- try, hearing of the King’s danger, in which they were all involved, flocked to London with their adherents and retainers; and Richard took the field at the head of an army 40,000 ftrong §. It then behoved all the other rebels to fubmit: The charters of enfranchifement and pardon were revoked by parliament ; the low people were reduced to the fame flavith condition as before, and feveral of the ringleaders were feverely punifhed for the late diforders. It was pretended, that the intentions of the infurgents had been to feize the King’s perfon, to carry * Froiffart, liv. 2. chap. 77. ~ t Walfingham, p. 250, 261, t Proiffart, liv. 2. chap. 77. Walfingham, p, 2c. Knyghton, p, 2637. : § Walfingham, p. 267. him 248 HISTORY or ENGLAND. Chap. XVI. him thro’ England at their head, to murder all the nobility, gentry, and lawyers, 1331. and even all-the bifhops and priefts, except the mendicant friars; to difpatch af- terwards the King himfelf; and having thus reduced all the people to a level, to order the kingdom at their pleafure*. It is not impoflible, that many of them, in the delirium of their firft fuecefs, might have formed fuch projects: But of all the evils attending human fociety, the infurrections of the populace, when not raifed and fupported by perfons of higher quality, is the leaft to be dreaded : The mifchicfs, confequent on an abolition of all rank and diftinction, become fo great, that they are immediately felt, and foon bring back affairs to their for- mer order and arrangement, A voura of fixteen (which was at this time the King’s age) that had difcover- ed fo much courage, prefence of mind, and addrefs, and had fo dexteroufly elud- ed the violence of this tamult, gave great hopes to the nation; and it was natural toexpeét, that he would, in the courfe of his life, equal the glories, which had fo uniformly attended his father and his grandfather, in all their undertak- ings. But in proportion as Richard advanced in years, thefe hopes were blaft- ed; and his want of capacity, at -leaft of folid judgment, appeared in every en- terprize, which he attempted. The Scots, fenfible of their own deficiency in cavalry, had applied to the regency of Charles VI. and John de Vienne, ad- miral of France, had been fent over with a body of 1500 men at arms, to fup- port them in their incurfions againft the Englith. The danger was now deemed by the King’s uncles fomewhat ferious ; and a great army of 60,000 men was Jevied and conduéted againft Scotland; with Richard himfelf at the head of it. ‘The ‘Scots pretended not to make refiftance to fo great a force: They abandoned without {cruple their country to be pillaged and deftroyed by the enemy: And when de Vienne expreffed his furprize at this plan of operations, they told him, that all their cattle was driven into the forefts and faftneffes ; that their houfes and other goods were of no value; and that they well knew how to compenfate themfelves for any loffes, which they might fuftain in that refpect, by making an invafion on the Englifh. Accordingly, when Richard entered Scotland by Berwic and the eat coaft, the Scots and French, to the number of 30,000 men, paffed the borders of England by the weft, and carrying on their ravages thro’ Cumberland, Weftmoreland, and Lancathire, -colleéted a rich booty, and then returned in tranquillity to their own country. Richard meanwhile advanced towards Edinburgh, and deftroyed in his way all the towns and villages on each fide of him: He reduced that city to afhes: He treated in the fame manner Perth, Dundee, and other places in the low countries; but when he was ad- * Walfingham, ‘p. 265. viledg RTO Hh we PSS 249 vifed to march towards the weft coaft, to await there the return of the enemy, and Chap. XVII. to take revenge on them for their devaftations, his impatience to be in England, —'3°5- and enjoy his ufual pleafures and amufements, was more prevalent; and he car- ried back his army, without effecting any thing by all thefe mighty preparations. The Scots, foon after, finding the folid bodies of French cavalry very ufelefs in that a defultory kind of war, to which they confined themfelves, treated their allies fo ill, that the French returned home; very much difeufted with the country, and the manners of its inhabitants*, The Englifh, tho’ they regretted the indolence and diffolute manners of their King, faw themfelves for the future fecured again{t any dangerous invafion from that quarter. Bur it was fo material an intereft of the.French court to wreft the {ea port 1386, towns from the hands of their enemy, that they refolved to attempt it by fome other expedient, and found no means fo likely as by an invafion of England itfelf. They collected an immenfe fleet and army at Sluife; for the Flemings were now in alliance with them: All the nobility of France were engaged in this enterprize : The Englifh were kept in alarm: Great preparations were made for the recep- tion of the invaders: And tho’ the difperfion of the French fhips by a ftorm, and the taking of many of them by the Englifh, before the embarkation of the troops, freed the kingdom from the prefent danger, they were fully fenfible, that this perilous fituation might every moment return upon them +. THERE were two circumftances chiefly, which engaged the French at this time to think of fuch.attempts. The one was the abfence of the duke of Lancatter, who had carried into Spain all the flower of the Englith military force, in profecution of his vain claim to the crown of Caftile; an enterprize, in which, after fome pro- mifing fuccefs, he was finally difappointed: The other was, the violent diffen- fions and diforders, which had taken place in the Englifh government. Tue fubjection, in which Richard was held by his uncles, particularly by the duke of Glocefter, a prince of enterprize and genius, tho’ it was not unfuitable to his years and flender capacity, was extremely difagreeable to his violent temper ; and he began to rebel againft the yoke impofed upon him. Robert de Vere, earl of Oxford, a young man of a noble family, of an agreeable figure, but of diffo- lute marmers, had acquired an entire afcendant over him; and ruled him with the moft abfolute authority. The King knew fo little bounds to his affection, that he firft created his favourite marquis of Dublin, a title before unknown in England, and then duke of Ireland; and transferred to him by patent, which * Froiffart, liv, 2, chap. 149, 150, &c. liv. 4. chap. 52. Walfingham, p. 316, 317. + Froiffart, liv. 3. chap, 41, 53. Walfingham, p. 322, 323. Vor, Il. K k was ) : i} : & TE it 1 i oh ee a x - ‘ <— cee dee PO it eves ee ‘ = = Sat ee ieee Xs erate Vator Ne ae eee a recess _. anne eh RP EE TE RB eB 2 = r nen = Sess io —_ eee eee Se SSS z Chap. XVII. 1386. @) , HISTORY or ENGLAND. was confirmed in parliament, the entire fovereignty for life of that iland *, Ele gave him in marriage his coufin german, the daughter of Ingelram de Couci, earl of Bedford ; but foon after permitted him to repudiate that lady, tho’ of an un- exceptionable character, and to marry a foreigner, a Bohemian, with whom he had become enamoured 7. Thefe public declarations of attachment turned the whole court towards the favourite: All graces pafled thro’ his hands: Accefs to the King could only be obtained thro’ his mediation: And Richard feemed to take no pleafure in royal authority, but fo far as it enabled him to load with fa- yours and titles and dignities this object of his affections. Difcontent of THe jealoufy of power immediately produced an animofity between the mi- the barons. nion and his creatures on the one hand, and the princes of the blood and chief nobility on the other ; and the ufual complaints againft the infolence of favou- rites were loudly echoed and greedily received, in every part of the kingdom. Mow- bray, earl of Nottingham, the marefchal, Fitz-Alan earl of Arundel, Piercy: earl of Northumberland, Montacute earl of Salifbury, Beauchamp ear! of War- wic, were all conneéted with each other, and with the princes, by friendfhip or alliances, and ftill more by their antipathy to thofe who had eclipfed them in the King’s favour and confidence. No longer kept in awe by the perfonal character of the prince, they fcorned to fubmit to his minifters; and the methods, which they took to redrefs the grievance complained of, well fuited the violence of that: age, and the defperate extremities, to which every oppofition was fure to be in- ftantly carried. MicwAEL DE LA Pore, the prefent chancellor, and lately created earl of Suf- folk, was the fon of an eminent merchant; but had rifen by his abilities and’ valour during the wars of Edward IIl.. had acquired the friendfhip of that mo- narch, and was efteemed the perfon of greateft experience and capacity among: thofe who were attached to the duke of Ireland and the King’s fecret council. The duke of Glocefter, who had the houfe of commons at his devotion, impel- led them to exercife that power which they feem firft to. have affumed againft Jord Latimer during the declining years of the late King ; and an impeachment againft the chancellor was carried up by them to the houfe of peers, which was no- lefs at his devotion. The King forefaw the tempeft preparing againft him and his minifters. After attempting in vain to roufe the Londoners to his defence, he withdrew from parliament, and retired with his court to Eltham. The parlia- ment fent a deputation, inviting him to return, and threatening, that, if he con- snued to abfent himfelf, they would immediately diffolve, and leave the nation, -® Cotton, p. 310, 311. Cox's hift..of freland,”p. 129. Walfingham, p. 324- + Walfingham,.-p. 323: , 2 tho’ Bit. Coie A BoD. i UL 251 tho’ at that time in imminent danger of a French invafon, without any fupport or fupply for its defence. At the fame time, a member was encouraged to call for the record, containing the parliamentary depofition of Edward II.; a plain inti- mation of the fate, which Richard, if he continued refractory, had reafon to expec from them. The King, finding himfe!f unable to refift, was contented to ftipulate, that, except finifhing the prefent impeachment againft Suffolk, no attack fhould be. made againft any other of his minifters ; and on that condition, he returned te the parliament *. Norsinc can prove more fully the innocence of Suffolk, than the frivoloufnefs of the articles, which his enemies, in the prefent plenitude of their power, thought proper to object againft him +. It was alleged, that being chancellor, and obliged by his oath to confult the King’s profit, he had purchafed lands of the crown below their true value; that he had exchanged with the King a per- petual annuity of 400 marks a year, which he enjoyed from his father, and which was affigned upon the cuftoms of the port of Hull, for lands of an equal income; that having obtained for his fon the priory of St. Anthony, which was formerly poffefled by a Frenchman, an enemy and a {chifmatic, and a new prior being at the fame time named by the Pope, he had refufed to admit this perfon, till he made a compofition with his fon; and agreed to pay him an hundred pounds a year from the benefice that he had purchafed, from one Tydeman of Limborch, an:old and forfeited annuity of fifty pounds a year upon the crown, and had en- gaged the King to admit that bad debt upon his revenues; and that, when cre- ated earl of Suffolk, he had obtained a grant of 500 pounds a year, to fupport the dignity of that title=. Even the proof of thefe articles, frivolous as they * Knyghton, p. 2715, &c. The fame author, p. 2680, tells us, thatthe King, in return to the meflage, faid, that he would not for their defire remove the meaneft fcullion from his kitchen, This author alfo-tells us, thatthe King faid to the.commiflioners, when.they harangued him, that he faw his fubjeCts were rebellious, and his beft way would be to call in the King of France to his aid. But it is plain, that all thefe fpeeches were either intended by Knyghton merely as an ornament to his hiftory, orare falfe. For (1) when the five lords accufe the King’s minifters in the next parliament, and impute “to them every rath a€tion of the‘King, they fpeak nothing of thefe replies which are fo obnoxious, were fo-recent, and are pretended to ‘have been fo public. (2) The,King, fo.far from having any con- nexions.at that time with France, was threatened with.a dangerous. invafion from that kingdom. ‘This ftory feems to have been taken from the reproaches afterwards thrown out againit him, and to have been transferred by the hiftorian to this time, to which they cannot be applied. + Cetton, p: 315. Knyghton, p. 2683. t It is probable that the earl of Suffolk was not rich, nor able to: fupport the dignity without the bounty of thecrown : For his father Michael de la Pole, tho’ a great merchant, had been ruined by jJending money to the late King. See Cotton, p. 194. We may remark that the dukes of Glocefter and York, tho” vaftlysich, received at the fame time each of them a thoufand pounds a year, to fup- port their dignity. Rymer, vol. vii. p. 481. . Cotton, p. 310. . : 3 Kk 2 are, Chap, XVII. 1386, 262 mat S-T ORY or PNG AND. Chap. XVII. are, was found very defeétive upon the trial: It appeared, that Suffolk had made 1386, 1.3 oe no purchafes of the crown while he was chancellor, and that all -his bargains of that kind were made before he was advanced to that dignity*. It is almoft needlefs to add, that he was condemned, notwithftanding his defence ;. and that he was deprived of his office. Giocrster and his affociates obferved their ftipulation with the King, and attacked no more of his minifters: But they immediately attacked himfelf and his royal dignity, and framed a commiffion after the model of thofe, which had been attempted almoft in every reign fince that of Richard I. and which had always been attended with the moft extreme confufion +. By this commiffion a council of fourteen perfons were appointed, all of Glocefter’s faction, except Nevil, arch- bifhop of York: The fovereign power was transferred to. thefe men for a twelve- month: The King, who had now reached the twenty-firft year of his age, was in reality dethroned: The ariftocracy wasrendered fupreme: And tho’ the term of the commiffion was limited to a twelvemonth, it was eafy to forefee, that the intentions of the party were to render it perpetual, and that power would with creat difficulty be wrefted from thofe grafping hands, to which it was once com- mitted, Richard, however, was obliged to fubmit : He figned the commiffion ; he took an oath never to infringe it; and tho’ at the end of the feffion, he pudb- lickly entered a proteft, that the prerogatives of his crown, notwithftanding his late conceffion, fhould ftill be deemed entire and unimpaired {, the new commiffioners, without regarding it, proceeded to the exercife of their authority. Tux King, thus difpoffeft of royal power, was foon fenfible of the contempt : Civil ecmmo- into which he was fallen. His favourites and minifters, who were as yet allow- tions. ed to remain about his perfon, failed not to aggravate the injury, which, with- out any demerit on his part, had been offered to him. And his eager temper was of it(elf fufficiently inclined to feek the means both of recovering his autho- ‘rity and. of revenging himfelf on thofe who had invaded it. As the houfe of com- mons appeared now of fome weight in the conftitution, he tried fecretly fome expedients for procuring a favourable eleétion: He founded fome of the fherifs, who being at that time both the returning officers, and magiftrates of great power in the counties, would naturally have confiderable influence in elections: But as. mot: of them had been appointed by his uncles, either during his minority, or during the courfe of the prefent commiffion, he found them in general-averfe to his enterprize. The fentiments and inclinations of the judges were more favour * Cotton, p- 315. + Knyghton,. p. 2686. Statutes at large, 10,Rich. Iv chap, 1. & P P ~ Cotton, p. 318. able R2-CoM. As Re Db i able to him, He met at Nottingham Sir Robert Trefilian, chief juftice of the Chap. XVIr. King’s Bench, Sir Robert Belknappe, chief juftice of the Common Pleas, Sir John 13°? Cary, chief baron of the exchequer, Holt, Fulthorpe, and Bourg, inferior jutftices, and Lokton, ferjeant at Jaw; and he propofed to them fome queries, which thefe lawyers, either from the influence of his authority or of reafon, made no fcruple of anfwering in the way he defired. They declared, that the late com- miffion was derogatory to the royalty and prerogative of the King ; that thofe who procured it, or advifed the King to confent to it, were punifhable with death ; that thofe who neceffitated and compelled him were guilty of treafon ; that thofe were equally criminal who fhould perfevere in maintaining it; that the King has the right of difflolving parliaments when he pleafes ; that the parliament, while it fits, muft proceed firft upon the King’s bufinefg; and that that aflembly cannot without the King’s confent impeach any of his minifters and judges *, Even accor- ding: to our prefent ftric&t maxims with regard to law and the royal prerogative, all thefe determinations, except the two laft, were intirely juftifiable: And’as the great privileges of the commons, particularly that of impeachment, were hitherto very. new, and fupported by few precedents, there want not reafons of apology for thefe opinions of the judges. They figned, therefore, their anfwer to the King’s queries before the archbifhops of York and Dublin, the bifhops of Durham, Chichefter, and Bangor, the duke of Ireland, the earl of Suffolk, and two. other counfellors of inferior quality. Tue duke of Glocefter, and his adherents, foon got intelligence of this fecret confultation ; and were naturally- much alarmed at it. They faw the King’s in- tention, not only of recovering his authority, but of punifhing them for invad- ing it; and they determined to prevent the execution of his purpofe. As foon as he came to London, which, they knew, was well difpofed to their par- ty, they fecretly afiembled their forces, and appeared in arms at Haringay-park, near Highgate, with a power, which Richard and his minifters were not able to refift. They fent hima meffage by the archbifhop of Canterbury, and the lords Lovel, Cobham, and Devereux, and demanded, that the perfons who had. feduced him by their pernicious council, and were traitors both to him and to the kingdom, fhould be delivered to them. A few days after they appeared in his prefence, armed and attended with armed followers ; and they accufed by name the archbifhop of York, the duke of Ireland, the’earl of Suffolk, Sir Robert Tre filian, and Sir Nicholas Brembre, as public and dangerous enemies to the ftate. They threw down their gauntlets before the King, and hercely offered to maintain * Enyghton, p. 2694. Ypod Neift. p. 541, tlie 254 HISTORY oF ENGLAND. _ 4s Rh Rae —— sont SED h OR eact_ct bis > Sie eee — a —— mee So ae ae ae Chap. XVII. the rath of their charge by duel. The perfons accufed, and all the otter obnoxi- #397. us minifters, had withdrawn or concealed themfelves. Tire duke of Ireland fled to Chefhire, and levied fome forces, wit which he advanced to relieve the King from the violence of the nobles. Glocefer encoun- eered him in Oxfordfhire with much fupetior forces, routed him, diperfed his followers, and obliged him to fly into the Low-Countries, where he diel in exile a 1388. few years after. The lords then appeared at London with an army of 40,000 men 5 jd February. and having obliged the King to fammon 2 parliament, which was entirely at their devotion, they had full power, by obferving a few legal forms, to take vengeance Expulfionor on all their enemies: Five great peers, men whofe combined power was able at execution Of any time to fhake the throne, Thomas duke of Glocefter, the King’s uicle; Hen- the King’s | | einifters, . 2Y Gaul of Derby, fon of the duke of Lancafter ; Richard earl of Arundel and Surrey ; Thomas earl of Warwic, and Thomas earl of Nottingham, and maref- chal‘of England, entered before the parliament an accufation or appel, as it was called, againft the five counfellors, whom they had already accufed before the King. The parliament, who ought to have been judges, were not afhamed to impofe an oath on all their members, by which they bound themfelve: to live and- die with the lords appellants, and to défend them againft all their mennies with their lives and fortunes *. Tue other proceedings were well fuited to the violence and ihquity of the times. A charge, confifting of thirty-nine articles, was delivered in by the ap- pellants ; and as none of the acculed counfellors, except Sir Nichoks Brembre, was in cuftody, the'reft. were cited to an{wer ; and upon their non-apyearance, af- ter a very fhort interval, without hearing a witnefs, without examinng a fact, or deliberating on one point of law, the houfe of peers declared them guilty of high treafon. Sir Nicholas Brembre, who was produced in court, had th: appearance, and probably no more than the appearance, of a trial : The peers, tlo” they were not by law his proper judges, pronounced, in a very fummary mamer, fentence of death upon him; and he was executed, together with Sir Robert Trefilian, who had been difcovered and taken in the interval. | Ir would be tedious to recite the whole charge delivered in agsinft the five counfellors; which is to be met with in feveral collections +. It is fufficient to obferve in general, that if we reafon upon the fuppofition, which isthe true one, that the royal prerogative was invaded by the commiffion given to the duke of Glocefter and his affociates, and that the King’s perfon was afterwirds detained * Cotton, p. 322. + Knyghton, -p. 2715- Tyrrel, vol. ili. part 2. » 919, from the records. Parliamentary Hiftory, vol. 1. p. 414+ in 2 Sc0ull A. BiB 4a 256 in cuftody by rebels, many of the articles will appear, not only to imply no crime Chap. XVI, in the duke of Ireland and the minifters, but to impute to them actions, which 1388. were laudable, and which they were bound by their allegiance to perform. The few articles, refpecting the conduct of thefe minifters before that commiffion, which fubverted the conftitution, and annihilated all juftice and legal authority, are vague and general; fuch as their engroffing the King’s favour, keeping the grandces at a diftance from him, obtaining unreafonable grants for thewrfelves or their creatures, and diffipating the public treafure by ufelefs expences. No vio- lence is objected to them; no particular illegal at *; no breach of any ftatute ; and their adminiftration may therefore be concluded to have been fo far innocent and inoffenfive, All the diforders indeed feem to have proceeded, not from any infringement.of the laws attempted by the minifters, but merely from a rivalfhip: of power, which the duke of Glocefter, and the great nobility, agreeable to the genius of the times, carried to the utmoft extremity againft their opponents, with- Out any regard to reafon, juftice or humanity. Bur thefe were not the only acts of violence committed during the triumph of the party. All the other judges, who had figned the extrajudicial opinions at Nottingham, were condemned to death, and were, as a grace or favour, banithed: to Ireland; tho’ they pleaded the fear of their lives, and the menaces of the King’s minifters as their excufe. The lord Beauchamp of Holt, Sir James Berners, and Sir John Salifbury, were alfo tried and condemned for high treafon ;. merely. be- caufe they had attempted to defeat the late commiffion: But the life of the latter was fpared. The fate of Sir Simon Burley was more fevere : This gentleman was much beloved for his perfonal merit, had diftinguifhed himfelf by many honourable actions +, was created knight of the garter, and had been appointed governor to Richard, by the choice of the late King and the Black Prince: He * We maft except the 12th article, which accufes Brembre of having cut off the heads of twenty- two prifoners, confined for felony or debt, without warrant or procefs of law: But as it is not conceiv- able what intereft Brembre could have to treat thefe felons and debtors in fuch a manner ;. we may pre- fume that the fact is either falfe or mifreprefented.. - It was in thefe mens power ta fay any thing again: the perfons accufed : No defence or apology was admitted: All was lawlefs will.and pleafure. They are alfo acculed of defigns to murder the lords ;: but thefe accufations either are general,, or des firoy one arother. Sometimes, asin article 1gth,. they intend to murder them by means of the mayor. and city of Londen: Sometimes, as in article 28th, by trial and falfe inquefts: Sometimes, as in article: a8th, by means of tae King of France, who was to receive Calais for his pains. t At leat, thisis the charafter given of him by Froiflart, liv. z. who knew him perfonally =. Wale fing. Pp. 334, gives a very different charagter of him ; but he is a writer fomewhat paflionate and par- tial ; and the-choice made of this gentleman by Edward III.. and the Black Prince for-the education of Richard, makes the charaéter. given.of him: by Froiffart,, much more probable. had: ” es mene mS ee we ere 250 4ST O RF Yo of EBN+s Lb AND. Chas. xvi, had attended his mafter from the earlieft infancy of that prince, and had ever re- 1388. mtined extremely attached to him: Yet all thefe confiderations could not fave him from falling a vidtim to Glocefter’s vengeance. This execution, more than all the otiers, made a deep impreffion on Richard’s mind: His Queen too (for he was alicady married to the filter of the Emperor Wincheflaus, King of Bohemia) in- terefted herfelf extremely in behalf of Burley: She remained three hours on her knees before the earl of Glocefter, pleading for that gentleman’s life; but tho’ fhe wis become extremely popular by her amiable qualities, which had acquired her the appellation of the good Queen Ann; her petition was fternly rejected by that inexo- rable tyrant. a ee ee ee ee eae . ’ * Tue parliament concluded this violent feene by a declaration, that none of the atticles, decided on thefe trials to be treafon, fhould ever afterwards be drawn irto precedent by the judges, who were ftill to confider the ftatute of the twenty- Gith of Edward as the rule of their conduct. The houfe of lords feem not at that time to have known or acknowledged the principle, that they themfelves were bound, in their judicial capacity, to follow the rules, which they had eftablifhed in their legiflative *. It was alfo enacted, that every one fhould {wear to the per- petual maintenance and fupport of the forfeitures and attainders, and of all. the cther acts paffed during this parliament. The archbifhop of Canterbury added the penalty of excommunication, as a farther fecurity of thefe deeds of violence , contradict fo reafonable an intention, he deprived Fitz-Alan archbifhop of Car- terbury of the dignity of chancellor, and beftowed that high office on Wi: liam of Wickham, bifhop of Winchefter ; the bifhop of Hereford was difplace] from the office of treafurer, the earl of Arundel from that of adimiral; even the duke of Glocefter and the earl_of Warwic were removed for a time from ‘th: council-board; And no oppofition was made to thefe great changes, The hiftory of this reign is very imperfect, and very little to be depended on ; except wher it is fupported by the public records: And it is not ealy for us to affign th reafon of this unexpected event. Perhaps, fome fecret animofities, naturally to be expected in that fituation, had crept in among:the great men, and enabled the King to recover his authority. Perhaps, the violence of their former proceedings hac loft them the affections of the people, who foon repent of. any cruel extreinities, to which they are carried by their leaders, However this may be, Richard exer. cifed with moderation the authority which he had -refumed, He feemed to be entirely reconciled to his uncles* and the other great men, of whom he had {g much reafon to complain: He never attempted to recal from banifhment the duke of Ireland, whom he found fo obnoxious to them: He confirmed by pro- clamation the general pardon, which the parliament had pafied for all offences. And he courted the affections of the people, by voluntarily remitting fome fub- fidies, which had been granted him; a remarkable, and almoft a fingular in- {tance of fuch generofity. AFTER this compofure of domeftic differences, and reftoration of the govern- ment to its natural ftate, there paffes an interval of eight years, which affords not many remarkable events. The duke of Lancafter returned from Spain; having refigned to his rival all pretenfions to the crown of Caftile upon payment of a large fum of money +, and having married his daughter, Philippa, to the Kine of Portu- gal. The authority of this prince ferved to counterbalance that of the duke of Glo- cefter, and fecured the power of Richard, who paid great’court to his eldeft uncle, by whom he had never been offended, and whom he found more moderate in his temper than the younger. He made a ceffion to him for life of the dutchy of Guienne ||, which the inclinations and changeable humour of the Gafcons had * Dugdale, vol. ii. p. 170. T Knyghton, p. 2677, Walfingham, p. 342. } Rymer, vol, vii. p. 659. Vo. II, IL; J reftored Chap. XVII. 1389. 258 HISTORY or ENGLAND. reftored to the Englifh government ; but as they remonftrated loudly againft this deed, it was finally, with the duke’s confent, revoked by Richard *. ‘There happened an incident, which produced a diffenfion between Lancafter and his two brothers. After the death of the Spanifh princefs, he efpoufed Catharine Swineford, daughter of a private knight of Hainault, by whofe alliance, York and Glocefter thought the dignity of their family much injured: But the King gratified his uncle by paffing in parliament a charter of legitimation to the chil. dren, whom that lady. had born him before marriage, and by creating the eldett, earl of Somerfet 7. Tur wars, mean while, which Richard had inherited with his crown, ftill continued; tho’ interrupted by frequent truces according to the practice of that age, and conducted with little vigour, by reafon of the weakneis of all parties. The French war .was fcarce heard of; the tranquillity of the northern borders was only interrupted by one inroad of the Scots, which proceeded more from a rivalfhip between the two martial families of Piercy and Douglas, than from any national quarrel: A fierce battle or fkirmifh was fought at Otterborne {, in which young Piercy, firnamed Hot/pur, from his impetuous valour, was taken prifoner, and Douglas flain ; and the victory remained undecided ||. Some in- farreétions of the Irith obliged the King to make an expedition into that country, which he reduced to obedience; and he recovered, in fome degree, by this en- terprize, his character of courage, which had fuffered a little by the inactivity of his reign. At laft, the Englifh and French courts began to think in earneft of a lafting peace ; but found it fo difficult to adjuft their oppofite pretenfions, that they were contented to eftablifh a truce of twenty-five years §: Breft and Cherbourg were reftored, the former to the duke of Brittany, the latter to the King of Na- varre: Both parties were left in pofleffion of all the other places which they held at prefent: And to render the amity between the two crowns more durable, Richard, who was now a widower, was affianced to Ifabella, the daughter of Charles |. This princefs was only feven years of age; but the King agreed to fo unequal a match, chiefly that he might fortify himfelf, by this alliance, againft the enterprizes of his uncles and the incurable turbulency as well as inconftancy of his barons. Tur adminiftration of the King, tho’ it was not, in this interval, fullied by any unpopular act, except the feizure of the charter of London*, which was * Rymer, vol, vi. p. 687. + Cotton, p. 365. Walfingham, p. 352- + rth Avguft, 1388. | Froiffart, liv. 11, chap. 124, 125, 126. Walfingham, p. 355. § Rymer, vol. vil. p. $20, 4. Rymer, vol, vil. p. 311. # Rymer, vol. vil. p. 727+ Walfingham, p. 347+ foon Bs Co SA Dae. 259 foon after reftored, had not tended much to fortify his authority ; and his per- Chap. XVI. fonal character brought him into contempt, even while his public government °39°: appeared in a good meafure unexceptionable. Indolent, expenfive, addicted to low pleafures ; he {pent his whole time in feafting and jollity, and diffipated in idle fhow, or in bounty to favourites of no reputation, that revenue which the peo- ple expected to fee him employ in enterprizes directed to public honour and ad- vantage. He forgot his rank by admitting all men to his familiarity; and he was not fenfible, that their acquaintance with the qualities of his mind was not able to imprefs them with the refpect which he neglected to preferve from his birth and ftation. The earls of Kent and Huntington, his half brothers, were his chief confidents and favourites ; and tho’ he never devoted himfelf to them with fo profufe an affection as that with which he had been attached to the duke of Ireland, it was eafy for men to fee that every grace pafied thro’ their hands, and that the King had rendered himfelf a mere cypher in the government. The fmall _ regard, which the public bore to his perfon, difpofed them to murmur againft his adminiftration, and to reccive with greedy ears every complaint, which the difcon- tented or ambitious grandees fuggefted to them. GtocrsTER foon perceived all the advantages, which this diffolute conduct —,.9,, gave him; and finding, that both refentment and jealoufy on the fide of his Cabals of the nephew ftill prevented him from acquiring any afcendant over that prince, he de- — of Glo- termined to cultivate his popularity with the nation, and to revenge himfelf on : thofe who eclipfed him in favour and authority. He feldom appeared at court or in council : He never declared his Opinion, but in order to difapprove of the meafures embraced by the King and his favourites: And he courted the friend- fhip of every man, whom difappointments or private refentment had rendered an enemy to the adminiftration. The long truce with France was very unpo- pular with the Englifh, who breathed nothing but war againft that hoftile na- tion ; and Glocefter took care to encourage all the vulgar prejudices, which pre- vailed on this fubject. Forgetting the misfortunes, which attended the Englifh arms during the latter years of Edward; he made an invidious comparifon be- tween the glories of that reign and the inactivity of the prefent, and he lamented that Richard fhould have degenerated fo far from the heroic virtues, by which his father and his grandfather were diftinguifhed, The military men were in- flamed with a defire of war, when they heard him talk of the fignal victories formerly obtained, and of the ealy prey which might be made of the French riches by the fuperior valour of the Englifh: The populace readily embraced the fame fentiments: And all men exclaimed, that this prince, whofe councils were fo much neglected, was the true fupport of Englifh honour, and alone able to pa Be raife Chap. XVII. 1397> we, 260 HISTORY or ENGLAN D. raife the nation to its former height of power and fplendor. His great abilities, his popular manners, his princely extraction, his immenfe riches, his high office of conftable * ; all thefe advantages, not a little affifted byshis want of court-favour, gave him a mighty authority tn the kingdom, and rendered him extremely formi- dable to Richard and his minifters. FRoissarT +, a contemporary author and very impartial, but whofe credit is fomewhat impaired by his want of exactnefs in material faéts, afcribes to the duke of Glocefter more defperate views, and fuch as were totally incompatible with the government and domeftic tranquillity of the nation. According to that hiftorian, he propofed to his nephew, Roger Mortimer, earl of Marche, whom Richard had declared his fucceffor, to give him immediate poffeffion of the throne, by the depofition of a prince, fo unworthy of government and authority : And when Mortimer declined this project, he refolved to make a partition of the kingdom between himfelf, his two brothers, and the earl of Arundel; and to difpoffefs Richard entirely of the crown. The King, it is faid, being informed of thefe defigns, faw, that either his own ruin or that of Glocefter was inevitable; and he refolved, by a hafty blow, to prevent the execution of fuch deftructive projects, This is certain, that Glocefter, by. his own.confeffion, had often af- fected to fpeak contemptuoufly of the King’s perfon and government ; had deli- berated concerning the lawfulnefs of throwing. off allegiance to him; and had even born part in a fecret conference, where his depofition was. propofed and talked of, and determined [: But it is reafonable to. think, that his {chemes were not-fo far advanced as to make him think of their immediate execution. The dan- ger, probably, was ftill too diftant to render a defperate remedy entirely neceflary for the fecurity of the government. But whatever opinion we may form of Glocefter’s confpiracies, his averfion to the French truce and alliance was public and avowed; and that court, which had now a great influence over the King, pufhed him to provide for his own fafety, by taking revenge of the dangerous defigns of his uncle. The refentment of his former violences revived ; the fenfe of his refractory and uncompliant beha- viour was {till recent; and a man, whofe ambition had once ufurped royal authort- ty, and who had murdered all the faithful fervants of the King, was thought ca- * Rymer, vol. vil. p. 152. + Liv. 4. chap. £6. t Cotton, p. 378. Tyrrel, vol. iii, part 2. p 972, from the records. Parliamentary Hiftory, vol. i.. p. 473. That this confefion was genuine, and obtained without violence, may be eatirely depended on. Judge Rickhill, who brought it over from Calais, was tried on that account, and acquitted in the firft parliament of Henry 1V. when Gloceftér’s party was prevalent. His acquittal, notwithitand- ing his innocence, may €ven appear marvellous, confidering the times. See Cotton, p. 393. x pable,. 0 SC ee RY ae 261 pable, on a favourable opportunity, of renewing the fame treafonable enterprizes. The King’s precipitate temper admitted of no deliberation: He ordered Glocefter to be unexpectedly arrefted ; to be hurried into a fhip which was lying in the river ; and to be carried over to Calais, where alone, he thought, that, by reafon of his numerous partizans, he could fately be detained in cuftody *, The earls of Arundel and Warwic, were feized at the fame time: The malecontents, fo fucdenly deprived of their leaders, were aftonifhed, and over-awed: And the concurrence of the dukes of Lancafter and York, in thofe meafures, with that of the earls of Derby and Rutland, the fons of thefe princes +, bereaved them of all poffibility of refiftance. A PARLIAMENT was immediately fummoned at Weftminfter ; and the King doubted not to find the peers, and {till more the commons, very compliant with his will. This houfe had in a former parliament given him very fenfible proofs of their obedience}; and the prefent fuppreffion of Glocefter’s party made him {till more affured of a favourable eleGtion. As a farther expedient for that pur- pofe, he is alfo faid to have employed the influence of the fheriffs ; a pradtice which, as it was then fomewhat new, gave great umbrage, but which the efta- blifhed authority of that affembly rendered afterwards more familiar to the na- tion. Accordingly, the parliament paffed whatever aéts the King was pleafed to dictate to them §: They annulled for ever the commiffion which ufurped upon the royal authority, and declared it treafonable to attempt, in any future period, the revival of any fimilar commiffion } : They abrogated all the acts, which * Froiffart, liv, 4. chap. go. Walfing. p. 354. + Rymer, vol. viii: p. 7, { In the former parliament, the commons had fhewn themfelves in a difpofition to be very com- plaifant to the King ;. yet there happened an incident in their proceedings, which is very curious, and fhews us the ftate of the houfe in that’ period. The members were either country gentlemen, or mer- chants, who were aflembled for a few days, and were entirely unacquainted with bufinefs; fo that it was eafy to lead them aftray, and draw them into votes and refolutions very different from their fettled purpofe. A member had propofed fome petitions concerning the ftate of the nation ; in which, among other things, the houfe recommended frugality to the King, and for that purpofe, defired, that the court fhould not be fo much frequented as formerly with bifbops and ladies. ‘The King was difpleafed with this freedom : The commons very humbly craved pardon : Hewas'not fatisfied unlefs they would name the mover of that petition. It happened to be one Flaxey, whom the parliament, in order to make atonement, condemned for this offence to die the death of a traitor. But the King, at the de- fire of the archbifhop of Canterbury, and the prelates, pardoned him. When a parliament in thofe times, not agitated by any faGtion, and being at entire freedom, could be guilty of fuch monftrous ex- travagance, it is eafy to judge what might be expected from them in more trying fituations. See Cotton’s abridg. p, 361, 362. § The nobles brought numerous retainers with them to g e fingham, p. 354. ‘The King had a few Chefhire men for his guard, "ff Statutes at large, 21 Richard IL, . ’ * +h tit m fecurity, as we are told by Wal- Ta ive ; 7 on] atta tect Chap. XVIT. 1307 OFF © 17th Sept. Chap. XVII. 13976 262 mah 1 Om 1 «< OF ENGLAN D. attainted the King’s minifters, and which that parliament who paffed them, and the whole nation, had fworn inviolably to maintain : And they declared the ge- neral pardon then granted to be invalid, as extorted by force, and never ratified by the free confent of the King. Tho’ Richard, after he refumed the government, and lay no longer under conftraint, had voluntarily, by proclamation, confirmed that general indemnity ; this circumftance feemed not, in their eyes, to merit the leaft confideration, Even a particular pardon granted fix years after to the earl of Arundel, was annulled by parliament; on pretences that it was procured by furprize, and that the King was not then acquainted with the degree of guilt in- curred by that nobleman. Tur commons then entered an impeachment againft Fitz-Alan, archbifhop of Canterbury, and brother to,Arundel, and accufed him of his concurrence in pro- curing the illegal commiffion, and in attainting the King’s minifters. The pri- mate pleaded guilty ; but as he was protected by the ecclefiaftical privileges, the King was fatisfied with a fentence, which banifhed him the kingdom, and fequefter- ed his temporalities*. An appeal or accufation was prefented againft the duke of Glocefter, and the earls of Arundel and Warwic, by the earls of Rutland, Kent Huntington, Somerfet, Salifbury, and Nottingham, together with the lords Spen- cer and Scrope, and they were accufed of the fame crimes which had been im- puted to the archbifhop, as well as of their appearance againft the King in a hof- tile manner at Haringay-park. The earl of Arundel, who was: brought to the bar, very wifely confined all his defence to the pleading both the general and par- ticular pardon of the King; but was over-ruled, condemned and executed f. The earl of Warwic, who was alfo convicted of high treafon, was, on account of his fubmiffive behaviour, pardoned as to his life, but doomed to perpetual banifh- ment in the Ifle of Man. No new aéts of treafon were imputed to either of thefe noblemen. The only crimes, for which they were condemned, were the old at- tempts againft the crown, which feemed to be obliterated, both by the diftance of time, and by repeated pardons}. The reafons of this method of proceeding, it is difficult to conjecture. The recent confpiracies of Glocefter feem —certain from his own confeffion: But perhaps, the King and miniftry had not, at that time, in their hands, any fatisfactory proof of their reality ; perhaps it was diffi- cult to convi@t Arundel and Warwic, of any concurrence in them; perhaps, an enquiry into thefe confpiracies would have involved in the guilt fome of thofe great noblemen, who now concurred with the crown, and whom it was necefiary to cover from all imputation ; or perhaps, the King, according to the genius of * Cotton, p. 368. + Cotton, p. 377. Froiflart, liv. iv, chap. 90. Walling. p. 354s + Tyrrel, vol, iii. part 2. p. 968. frem the records, pe that RIC HiA RBS 263 that age, was very indifferent about faving even the appearances of juftice and Chap. XVII. equity, and was only folicitous by any means to enfure fuccefs in fhefe profecutions. 1397. This point, like many others in antient hiftory, we are obliged to leave altogether undetermined. A WARRANT was iflued to the earl marefchal, governor of Calais, to bring Murder ofthe over the duke of Glocefter, in order to his trial ; but the governor returned for = anfwer, that the duke had died fuddenly of an apoplexy in that fortrefs. No- thing could be more fufpicious than the time of that prince’s death: It became immediately the general opinion, that he was murdered by orders from his nephew : In the fubfequent reign undoubted proofs were produced to parliament, that he had been fuffocated with pillows by his keepers*: And it appeared, that the King, apprehenfive left the public trial and execution of fo popular a prince, and fo near a relation, might prove both dangerous and invidious, had taken this bafe method of gratifying, and as he fancied, concealing his revenge upon him. Both parties, in their fucceffive triumphs, feem to have had no farther concern than that of retaliating upon their adverfaries ; and neither of them were aware, that, in imitating, they indireétly juftified, as far as it lay in their power, all the illegal violences of the oppofite party. Tuts feffion concluded with the creation or advancement of feveral peers ; the earl of Derby was made duke of Hereford; the earl of Rutland, duke of Albe- marle ; the earl of Kent, duke of Surrey ; the earl of Huntington, duke of Ex- eter; the earl of Nottingham, duke of Norfolk ; the earl of Somerfet, marquis of Dorfet ; lord Spencer, earl of Glocefter ; Ralph Nevil, earl of Weftmoreland ; Thomas Piercy, earl of Worcefter ; William Scrope, earl of Wiltthire +. The parliament, after a feflion of twelve days, was then adjourned to Shrewfbury. The King, before the departure of the members, exacted of them an oath for the perpetual maintenance and eftablifhment of their acts, fimilar to that which had formerly been required by the duke of Glocefter and his party, and which had already proved fo vain and fruitlefs, Boru King and parliament met in the fame difpofitions at Shrewfbury; So 1398. anxious was Richard for the fecurity of thefe aéts, that he obliged the lords and 7°? Ja". commons to {wear anew to them on the crofs of Canterbury £; and he foon after procured a bull from the Pope, by which they were, as he imagined, perpetu- ally fecured and eftablifhed §. The parliament, on the other hand, conferred on him for life the duties on wool, wool-fells, and leather, and eranted him befides, * Cotton, p. 399, 400. Dugdale, vol. ii. p. 171. + Cotton, p. 370, 371. Cotton, p. 371. § Walfingham, p. 355. aap a 264 HISTORY or ENGLAND. a fubfidy of one whole tenth and fifteenth and of a half tenth and fifteenth. They alfo reverfed the attainder of Trefilian and the other. judges; and with the approbation of the prefent judges, declared the anfwers, for which thefe magiftrates had been impeached, to be juft and legal *: And they carried fo far their retrofpect as to reverfe, on the petition of the lord Spencer, earl of Glo- cefter, the attainder pronounced againft the two Spencers in the reign of Ed- ward Il+. The antient hiftory of England is nothing but a catalogue of reverfals: Every thing is in fluctuation and movement : One faction is continu- ally undoing what was eftablifhed by another: And the multiplied oaths, which each party requires for the fecurity of the prefent acts, betray a perpetual confci- oufnefs of their inftability. Tue parliament, before they were diffolved, elected a committee of twelve lords and fix commoners {, whom they vetted with the whole power both of lords and commons, and endowed with full authority to finifh all bufineds, which had been laid before the houfes, and which they had not had leifure to bring to a conclufion §. This was a very unufual conceffion; and tho’ it was limited in the object, might, either immediately or as a precedent, have proved dangerous to the conftitution : But the caufe of that extraordinary meafure was an event very fingular and unex- pected, which engaged the attention of the parliament. Arrer the deftruction of the duke of Glocefter and the heads of that party, a mifunderftanding broke out among thofe noblemen, who had joined in the pro- fecution ; and the King wanted either authority fufficient to appeafe it, or fore- fight to prevent it. The duke of Hereford appeared in parliament, and accufed the duke of Norfolk of having fpoke to him, in private, many flanderous words of the King, and of having imputed to his majefty an intention of fubverting and deftroying many of his principal nobility |. Norfolk denied the charge, gave Hereford the lie, and offered to prove his innocence by duel. The chal- lenge was accepted: The time and place of combat were appointed : And as the event of this important trial by arms might require the interpofition of legiflative authority, the parliament thought it more fuitable to delegate their power to a * Statutes at large, 21 Rich. Il. + Cotton, pe 372- t+ The names of the commiffioners were the dukes of Lancafter, York, Albemarle, Surrey, and Ex- eter, the marquis of Dorfet, the earls of March, Salifbury, Northumberland, Glocefter, Winchetter, and Wilthire, John Buffey, Henry Green, John Ruffel, Robert Teye, Henry Chelmefwike, and | John Golofre. It is to be remarked, that the duke of Lancafter always concurred with the reft in al their proceedings, even in the banifhment of his fon, which was afterwards fo much complained of. § Cotton, p. 372. Walfingham, p. 355- | Cotton, p. 372. Parliamentary hiftory, WO]. i. Ps 490 com>. R I C H A R D Il. 265 committee, than to prolong the feffion beyond the ufual time, which cuftom ¢ . Pe lap.. XVII, and general convenience had prefcribed to it *, > 1398. Tue duke of Hereford was certainly very little delicate in the point of honour, to betray a private converfation to the ruin of the perfon who had entrufted him ; and we may thence be more inclined to believe the duke of Norfolk’s denial, than the other’s affeveration. But Norfolk had in thefe tranfaGtions betrayed an equal negleét of honour, which brings him entirely to a level with his antagonift, Tho? he had publickly joined with the duke of Glocefter and that Party in all the for- mer violences put upon the King; and his name flands among the appellants who accufed the duke of Ireland and the other minifters: Yet was he not afhamed publickly to impeach his former affociates for the very crimes, which he had con- curred with them in committing, and his name encreafes the lift of thofe ap~ pellants who brought them to a trial. Such were the principles and practices of thefe antient knights and: barons during the prevalence of the feudal government, and the reign of chivalry. Tue lifts for this decifion of truth and right were appointed at Coventry be- fore the King: All the nobility of England bandied into parties, and adhered either to the one duke or the other: The whole nation was held in fufpence with regard to the event : Bat when the two champions appeared in the field, accou- tered for the combat, the King interpofed to prevent, both the prefent effufion of fuch noble blood, and the future confequences of the quarrel. By the advice and authority of the parliamentary commiffioners, he ftopped the duel; and to fhow his impartiality, he ordered, by the fame authority, both the combatants to leave the kingdom +, affigning one country for the place of Norfolk’s exile, which he declared perpetual, and another for that of Flereford, which he limited to ten years. FIEREFORD was a man of great prudence and command of temper; and he behaved himfelf with fo much fubmifijon in thefe delicate circumftances, that the King, before his departure, promifed to fhorten the term of his exile four years; and he alfo granted him letters patent, by which he was empowered, in cafe any inheritance fhould in the mean time fall to him, to enter immediately in pofle{- fion, and to poftpone the doing honaage till his return. Tue weaknefs and flutuation of Richard’s councils appear no where more evi- ae 3 ae son: oe ; baninament dent than in the conduét of this afair.. No fooner had Henry left the kingdom, 3+ teary duke of Here- * In the firtt year of Henry VI. when the authority of parliament was great, and when that af- = fembly could leaf be fufpeéted of lying under violence, a like from like motives and convenience, See Cotton, p. 564, t Cotton, p. 380, Walfingham, p. 356. - Vor. II, * 8M m conceflion was made to the council than 266. 4:5 T O;R Yt oF ENGLAN D. Chap. XVIL than the King’s jealouly of the immenfe power and riches of that family revived; i398 - and he was fenfiblg, that, by Glocefter’s death, he had only removed a counter- poize to the Lancaftrian intereft, which was now become formidable to his crown and kingdom. Being ‘nformed, that Hereford had opened a treaty of marriage with the daughter of the duke of Berry, uncle to the French King, he deter- mined to prevent the finifhing of an alliance, which would extend fo much the ‘ntereft of that nobleman into foreign countries; and he fent over the earl of Salif- bury to Paris with a commifion for that purpofe. The death of the duke of Lancafter, which happened foon after, called upon him to take new refolutions with regard to that opulent fucceffion. The prefent duke, in confequence of the King’s patent, defired to be put in poffeflion of the eftate and jurifdictions of his father: But Richard, afraid of ftrengthening the hands of a man, whom he had already fo fenfibly injured, applied to the parliamentary commiffioners, and perfuaded them that this affair was but an appendage of that bufinefs, which the parliament had delegated to them. By their authority, he revoked his let- ‘ters patent, and retained poffeffion of the eftate of Lancafter : And by the fame authority, he feized and tried the duke’s attorney, who had procured and infifted on the letters, and had him condemned as a traitor, for faithfully executing that. truft to his mafter*. A moft extravagant act of power! even tho’ the King changed, in favour of the attorney, the penalty of death into that of banifh- ment. Henry, the new duke of Lancatter, had long acquired, by his conduét and abilities, the efteem of the public ; and having ferved with diftinction againft the - fidels in Lithuania, he had joined to his other praifes thofe of piety and valour, virtues which have at all times a great ‘nfluence over mankind, and were, during thofe ages, the qualities chiefly held in eftimation+. He was connected with moft of the principal nobility by blood, alliances, or friendfhip; and as the in- jury, done him by the King, might in its confequences affect all of them, he eafily brought them, by a fenfe of common intereft, to take part in his refent- ment. The people, who muft have an object of affection, and who found no- thing in the King’s perfon, which they could love or revere, and were even dif- gufted with many parts of his conduét f, eafily transferred to Henry that attach- * Tyrrel, vol, iii, part 2. p. 991, from the records. + Walfingham, p. 343. t He levied fines from thofe who had ten years. before joined the duke of Glocefter and his party : They were obliged to pay him money, before he would allow them to enjoy the benefit of the in- demnity ; and in the articles of charge againft him, it is afferted, that the payment of one fine did not fuffice. It is indeed likely, that his minifters would abufe the power put into their hands ; and this grievance extended to very many people. Hiftorians agree in reprefenting this practice as a great op- fiton. sce O » Pe 199s prefion, 5S tterburn, p. 199 * ment, Soa 62 AR il. 269 ment, which the death of the duke of Glocefter had left without any fixed di- Chap. XVII. rection. . His misfortunes were lamented ; the injuftice, which he had fuffered, 1399 complained of; and all men turned their eyes towards him, as the only perfon who could retrieve the loft honour of the nation, or redrefs the fuppofed abufes of the government. Wuite fuch was the difpofition of the people, Richard had the imprudence to Return of embark for Ireland, in order to revenge the death of his coufin, Roger earl of #¢""Y- Marche, the prefumptive heir of the crown, who had lately. been flain in a fkir- mifh by the natives; and he thereby left the kingdom of England open to the attempts of his provoked and ambitious enemy. Henry, embarking at Nantz 4th Joly. with a retinue of fixty perfons, among whom were the archbifhop of Canterbury and the young earl of Arundel, nephew to that prelate, landed at Ravenf pur in Yorkthire ; and was immediately joined by the earls of Northumberland and Weftmoreland, two of the moft potent barons in England. He here took a folemn oath, that he had no other purpofe in this invafion, than to recover the dutchy of Lancafter, unjuftly detained from him ; and he invited all his friends in England, and all lovers of their country, to fecond him in this reafonable and moderate pretenfion, Every place was in commotion: The malecontents in all quarters flew to arms: London difcovered the ftrongeft fymptoms of its difpo- fition to mutiny and rebellion: And Henry’s army, encreafing on every day’s march, foon amounted to the number of 60,000 men. Tue duke of York was left guardian of the realm; a place to which his birth General in intitled him, but which both his flender abilities, and his natural connexions with frreétion. the duke of Lancafter, rendered him utterly incapable of filling in fuch a dan- gerous emergency. Al] the chief nobility, who were attached to the crown, and ‘ who could either have feconded the guardian’s good intentions, or have over- awed his infidelity, had attended the King into Ireland; and the efforts of Rich. ard’s friends were every where more feeble than thofe of his enemies. The duke of York, however, appointed the rendezvous of his forces at St. Albans, and foon affembled an army of 40,000 men; but found them entirely deftitute of - zeal and attachment to the royal caufe, and more inclined to join the party of the rebels. He hearkened therefore very readily to a meflage from Henry, wha entreated him not to oppofe a loyal and humble fupplicant in the recovery of his legal patrimony; and the Guardian even declared publickiy that he would fecond ‘his nephew in fo reafonable a requeft. His army, embraced with acclamations the fame party; and the duke of Lancafter, reinforced by their numbers, was now entirely mafter of the kingdom. He haftened to Briftol, into which fome of the King’s minifters had thrown themfelves ; and foon obliging that place to fur- . @™ m 2 render, ‘ = = EE eS 0s Se SE ee ———_ ~-2: A - en =" 7 > , i - a ee ¢ Chap. XVII. 1390. ift Septr. Depofition of the King. 268 HISTORY or EN GL Es AS BaD I. 863 firft extorted a refignation from Richard * ; but as he knew, that that deed would Chap. XVIE. plainly appear the refult of force and fear, he alfo propofed, notwithftanding the danger of the precedent to himfelf and his potterity, to have him folemnly de- pofed in parliament for his pretended tyranny and mifconduét, A charge, confit- ing of thirty-three articles, was accordingly drawn up againft him, and prefented to that affembly +. IF we examine thefe articles, which are expreffed with extreme acrimony acainft Richard, we fhall find, thar, except fome rafh fpeeches, which are imputed to him {, and of whofe reality, as they are faid to have pafled in. private converfation, we may very reafonably entertain fome doubt; the chief amount of the charge is contained in his violent condué& during the two laft years of his reign, and naturally divides itfelf into two principal heads. The firft and moi confiderable is the revenge, which he took on the princes and great barons, who had formerly ufurped, and ftill perfevered in controuling and threatning his authority ; the fecond is the violation of the laws and general privileges of his people. But the former, however irregular in many of its circumftances, was fully fupported by authority of parliament, and was but a copy of the violence, which the princes and barons themfelves, during their former triumph, had exercifed again{t him and his party. The detenfion of Lancafter’s eftate was, Properly fpeaking, a revocation, by the appearance at leaft of parliamentary authority, of a grace, which the King himfelf had formerly granted him. The murder of Glocefter (for the fecret execution, however merited, of that prince, certainly deferves this appellation) was a private deed, formed not any precedent, and implied not any aflumed or arbitrary power of the crown, which could juftly give umbrage to the people. It was really the effeét of the King’s weaknefs, rather than ambition . and proves, that, inftead of being dangerous to the conflitution, he pofleffed not even the authority requifite for the execution of the laws. Tue fecond head of accufation, as it confilts moftly of general facts, was framed by Richard’s inveterate enemies, and was never allowed to be an{wered by him or his friends; it is more difficult to form a judgment of. The greateft part of thefe grievances, objected to Richard, feems to be the exertion of arbitrary preroga- tives; fuch as the difpenfing power |, levying purveyance §, employing the mar- fhal’s court |, extorting loans *, granting protections from law-fuits T 3 pre- rogatives, which, tho’ often complained of, had often been exercifed by his: predeceffors, and ftill continued to be fo by his. fucceffors. But whether. his ire * Knyghton, p. 2744. Otterbourne, p, 212. t Tyrrel, vol. iii. part 2. p. 1008 from the: records. Knyghton, p, 2746. Otterbourne, p. 214, t Art. 16, 26. i Art. £3.17; 18, § Art. 225 4 Art. 27s * Art. I Ao. 5 Art,. 164 regular ~ 1399 28th Se . * pt. 270 HISTORY of ENGLAND. Chap, XVII. regular acts of this kind were more frequent and injudicious and violent than 1399- fual, or were only laid hold of and more exaggerated, by the factions, to which the weaknefs of his reign had given birth, we are not able at this diftance to de- termine with certainty. There is however one circumftance, in which his conduct is vifibly different from that of his grandfather: He is not accufed of having impofed one arbitrary tax, without confent of parliament, during his whole reign *: Scarce a year paffed during the reign of Edward, which was free from complaints with regard to this grievous and dangerous exertion of authority. But, perhaps, the great afcendant, which Edward had acquired over his people, to- eether with his great prudence, enabled him to make a ufe very advantageous to his fubjects of this and other arbitrary prerogatives, and rendered them a fmaller grievance in his hands, than a lefs abfolute authority in thofe of his grandfon, This is a point, which it would be rafh for us to decide pofitively on either fide ; but it is certain, that a charge drawn up by the duke of Lancafter, and affented to by a parliament, ftuated in thefe circumftances, forms no manner of prefump- tion with regard to the unufual irregularity or violence of the King’s conduct in this particular 5. Wuen the charge againtt Richard was prefented to the parliament, tho’ it was liable, almoft in every article, to objections, it was not canvafled, nor ex- amined, nor difputed in either houfe, and feemed to be received with unanimous approbation. One man alone, the bifhop of Carlifle, had the courage, amidft * We learn from Cotton, p. 362, that the King, by his chancellor, told the commons, that they ewere Junderly bound to him, and namely in forbearing to charge them with difmes and fifteens, the which he meant no more to charge them in his own perfon. Thefe words, xo more, allude to the practice of his predeceffors: He had not himfelf impofed any arbitrary taxes: Even the parliament in the ar- ticles of his depofition, tho’ they complain of heavy taxes, affirm not, that they were impofed illegally or by arbitrary will. + To fhow how little credit is to be given to this charge againft Richard, we may obferve, that a law in the 13 Edw. IIL. had been made againft the continuance of fherifis for more than one year: Rat the inconveniences of changes having afterw ards appeared from experience, the commons in the twentieth of this Kiog, applied by petition that the theriffs“might be continued ; tho’ that petition had not been enaéted into a ftatute, by reafon of other difagreeable circumftances, which attended it. See Cotton, p. 361. It was certainly a very moderate exercife of the difpenfing power for the King to continue the fheriffs, after he found that that practice would be acceptable to his fubjects, and had been applied for by one houfe of parliament: Yet is this made an article of charge againift him by the prefent parliament. See art. 18. Walfingham {peaking of a peridd early in Richard’s minority, fays, But what do a&s of parliament fignify, when, after they are made, they take no effect; fince the King, by the advice of the privy council, takes upon him to alter, or wholly fet afide, all thofe things, which by general confent bad been ordained in parliament ? Tf Richard, therefore, exercifed the difpenfing power, he was warranted by the examples of his uncles and grandfather, and indeed of all his predeceflors from ' Henry IT. SR eS + 7 this Ruki £o BVAr Bo II. 271 this univerfal difloyalty and violence, to appear in defence of his unhappy matter, and to plead his caufe againft all the power of the prevailing party. Tho’ fome topics, employed by that virtuous prelate, may feem to favour too much the doctrine of paffive obedience, and to make too Jarge a facrifice of the rights of mankind ; he was naturally pufhed into that extreme by his abhorrence of the prefent licentious factions; and fuch intrepidity, as well as difintereftednefs of behaviour, proves, that, whatever his fpeculative principles were, his heart was elevated far above the meannefs and abject fubmiffion of a flave. He reprefented to the parliament, that all the abufes of government, which could juftly be im- puted to Richard, far from amounting to tyranny, were merely the refult of error, youth, or mifguided council, and admitted of a remedy, more eafy and falutary, than a total fubverfion of the conftitution. That even had they been much more violent and dangerous than they really were, they had chiefly pro- ceeded from former examples of refiftance, which, making the prince fen- fible of his precarious fituation, had obliged him to eftablifh his throne by ir- regular and arbitrary expedients. That a-rebellious difpofition in fubjects was the principal caufe of tyranny in Kings: Laws could never fecure the fubject, which did not give fecurity to the fovereign: And if the maxim of inviolable loyalty, which formed the bafis of the Englifh government, were once rejected, the pri- vileges, belonging to the feveral orders of the fate, inftead of being fortified by that licentioufnefs, would thereby lofe the fureft foundation of their force and ftability. That the parliamentary depofition of Edward II. far from making a. precedent, which could controul this maxim, was the only example of fuccefsful violence ; and it was fufficiently to be lamented, that crimes were fo often committed in the world, without eftablifhing principles. which might juftify and authorize them, That even that precedent, falfe and dangerous as it was, could never warrant the prefent exceffes, which were fo much greater, and which would entail diftraction and mifery on the nation, to their lateft pofterity. That the fucceffion, at leaft, of the crown, was then preferved inviolate: The lineal heir was placed on the throne: And the people had an opportunity, by their legal obedience to him, of making atonement for the violences which they had committed againft his prede- ceffor. That a defcendant of Lionel, duke of Clarence, the elder brother of the late duke of Lancafter, had been declared in parliament fucceflor to the crown: He had left pofterity : And their title, however it might be overpowered by pre- fent force and faction, could never be obliterated from the minds of the people: That if the turbulent difpofition alone of the nation, had overturned the well- eftablifhed throne of fo good a prince as Richard; what bloody commotions muft enfue, when the fame caufe was united to the motive of reftoring the legal and Chap. XVII. 1399. Chap. XVil. 1399: 272 HISTORY or ENGLAND. and undoubted heir to his authority ? That the new government, intended to be eftablifhed, would ftand on no principles; and-would {carce retain any pretence, by which it could challenge the obedience of men of fenfe or virtue. That the claim of lineal defcent was fo grofs as fcarcely to deceive the moft ignorant of the populace: Conqueft could never be pleaded by a rebel againft his fovereign: The confent of the people had no authority in a monarchy not derived from confent, but ettablithed by hereditary right; and however the nation might be juttified, in depofing the mifguided Richard, it could never have any reafon for paffing by his lawful heir and fucceffor, who was plainly innocent. And that the duke of Lancafter would give them but a bad fpecimen of the legal moderation; which might be expected from his future government, if he added, to the crime of his paft rebellion, the guilt of exclucing the family, which, both by right of blood, and by declaration of parliament, would, in cafe of Richard’s deceafe, or volun- tary refignation, have been received as the undoubted heirs of the monarchy *. Aut the circumftances of this event, compared to thofe attending the late revo- lution in 1688, fhow the difference between a great and civilized nation, deli- berately vindicating its eftablifhed privileges, and a turbulent and barbarous arif- tocracy, plunging headlong from the extremities of one faction into thofe of ano- ther. This noble freedom of the bifhop of Carlifle, inftead of being applauded, was not fo much as tolerated : Ee was immediately arrefted, by orders of the duke of Lancafter, and fent a prifoner to the abbey of St. Albans. No farther debate was attempted: Thirty-three long articles of charge were, in one meeting, voted againft Richard ; and voted unanimoufly by the fame peers and prelates, who, a little before, had voluntarily and unanimoufly authorized thofe very facts of vio- lence, of which they now complzined. That prince was depofed by the fuffrages of both houfes ; and the throne being now vacant, the duke of Lancafter ftepped forth, and having croffed himfef on his forehead, and on his breaft, and called upon the name of Chrift +, he pronounced thefe words, which we fhall give in the original language, becaufe cf their fingularity. In the name of Fadber, Son, md Holy Ghoft, I Henry of Lancafter, challenge this rewme of Ynglande, and the criun, with all the membres, and the appurtenances , als I that am defcendit by right line of the blode, coming fro the gude King Henry therde, and throge that right that God of bis grace hath fent me, with helpe of kyn, and of my frendes to recover it; the which rewme was in poynt to be ondone by defaut of go- vernance, and ondoying of the gude lawes [. In order to underftand this fpeech, it muft be obferved, that there was a filly ftory, received among fome of the loweft vulgar, that Edmond earl of Lancafter, * Sir John Heywarde, p. i101. + Cotton, p. 389. } Knyghton, p. 2757. * fon RikoG Ha BoB cas, 2n2 fon of Henry HI: was really the elder brother of Edward I. but that, by reafon Chap. XVII. of fome deformities in his perfon, he had been poftponed in the fucceffion, 1399 and his younger brother impofed on the mtion in his ftead. As the prefent duke of Lancafter inherited from Edmond dy his mother, this genealogy made him the true heir of the monarchy ; and it is therefore infinuated in Heary’s {peech : But the abfurdity was too erofs to be openly avowed either by him, or by the par- liament. The cafe is the fame with regard to his right of conqueft: He was a fubject who rebelled againft his fovereign: He entered the kingdom with a reti- nue of no more than fixty petfons: He could not therefore be the conqueror of England; and this right is accordingly infiruated, not avowed. Still there*is a third claim, derived fam his merits in faving the nation from tyranny and oppref- fion; and this claim is alfo infinuated : But as it feemed, by its nature, better calculated as a reafon for his being e/eéfed King by a free choice, which he was determined never to avow, than for giving hm an immediate right of poffeffions he. durft not fpeak openly even on ie h:ad ; and to obviate any notion of election, he challenges the crown as his due, = by acquifition or inheritance. The whole forms ath a piece of jargon and nonfenfe, as is almoft without ex- ample: No objection however was made to & in the parliament : The unanimous voice of lords and commons placed Henry or the throne: He became King, no- body could tell how or wherefore: The title of the houfe of Marche, SiS recognized by parliament, was neither invalidated nor repealed; but paffed over in total filence: And as a concern for the liberties of the people feemsto have had no hand in this revolution, their right to dipofe of the government, as well as all their other privileges, was left Srecilely cn the fame footing as before. But Henry, having, when he claimed the crows, dropped fome obf{cure hint con- cerning conqueft, which, it was thought, night endanger thefe privileges, he , foon after made a public declaration, that he did not thereby intend to deprive any one of his franchifes or liberties *: Which vas the only circumftance, that had common fenfe or meaning, in all thefe tranfacions. Tue fubfequent events difcover the fame headlong violence of conduct, and the fame rude notions of civil government. The depofition of Richard diffolved & O&ober- the parliament: It was neceffary to fummon : new one: And Henry, in fix days after, called together, without any new eleétion, the fame members ; and this af- fembly he denominated a new parliament. They were employed in the ufual tafk of reverfing every deed of the oppofite party. All the aéts of the laft par- liament of Richard, which had been confirmed by their oaths, and by a papal bull, were abrogated - All the aéts, which hid paffed in the parliament where * Knyghton, p. 2759. Otterbon, ps 220. vo, IL Non Glocefter Chap. XVII. 1399: 23d O€tober. 274 HISTORY or ENGLAND. Glocefter prevailed, and which had been abrogated by Richard, were again re- eftablifhed *: The anfwers of Trefillian, and the other judges, which a parlia- ment had annulled, but which a new parliament and new judges had approved, here received a fecond condemnation. The peers, who had accufed Glocefter, Arundel and Warwic, and who had received higher titles for that piece of fervice, were all of them degraded from their new dignities : Even the practice of profe- cuting appeals in parliament was wholly abolifhed ; and trials were reftored to the courfe of common law +. The natural effect of this conduét was to render the people giddy with fuch rapid and perpetual changes, and to make them lofe all notions of right and wrong in the meafures of government. Tue earl of Northumberland made a motion, in the houfe of peers, with regard to the unhappy prince whom they had depofed. He afked them, what advice they would give the King for the future treatment of him; fince Henry was re- folved to fpare his life. They unanimoufly replied, that he fhould be imprifoned under a fecure guard, in fome fecret place, and fhould be deprived of all com- merce with any of his friends or partizans. It was eafy to forefee, that he would . not remain long alive in the hands of fuch barbarous and fanguinary enemies. Marder of the Fiiftorians differ with regard to the manner, in which he was murdered. It was King. * His character. long the prevailing opinion, that Sir Piers Exton, and others of his guards, fell upon him in the caftle of Pomfret, where he was confined, and difpatched him with their halberts. But it is more probable, that he was ftarved to death in pri- fon; and after all fubfiftence was denied him, he prolonged his unhappy life, it Is faid, for a fortnight, before he reached the end of his miferies. This account is more confiftent with the ftory, that his body was expofed in public, and that no marks of violence were obferved upon it. He died in the thirty-fourth year of his age, and the twenty-third of his reign, He left no pofterity, either legiti- mate or illegitimate. Aut the writers, who have tran{mitted to us the hiftory of Richard, compofed their works during the reigns of the Lancaftrian princes ; and candor requires, that we fhould not give entire credit to the reproaches which have been thrown upon his memory. But after making all proper abatements, he ftill appears to have been a weak prince, and unfit for government, lefs for want of natural parts and capacity, than of folid judgment and of a good education. He was violent in his temper, profufe in his expences; fond of idle fhow and magnificence; de- yoted to favourites, and addiéted to pleafure: Paffions, all of them, the moft inconfiftent with a prudent ceconomy, and confequently dangerous in a limited and mixed government. Had he poffeffed the talents of gaining, and ftill more ® Cotton, p. 390 + Henry IV. cap. 14. s thofe m8 pO dt. A uD... okf, 275 thofe of over-awing, his great barons, he might have efcaped all the misfortunes Chap. XVII. of his reign, and been allowed to carry much farther his oppreffions over the people, if he really was guilty of any, without their daring to rebel, or even to murmur again{ft him, But when the grandees were tempted, by his want of pru- dence and of vigour, to refift his authority, and execute the moft violent enterprizes upon him, he was naturally led to feek for an opportunity of retaliation ; juttice was neglected ; the lives of the chief nobility facrificed ; and all thefe evils feem to have proceeded lefs from a fettled defign of eftablifhing arbitrary power, than from the infolence of victory, and the neceffities of the King’s fituation. The manners indeed of the age were the chief fource of fuch violences: Laws, which were feebly executed in peaceable times, loft all their authority during public convul- fions : Both parties were alike guilty: Or if any difference may be remarked be- tween them, we fhall find, that the authority of the crown, being more legal, was commonly carried, when it prevailed, to lefs defperate extremities, than thofe of the ariftocracy. On comparing the conduct and events of this reign, with thofe of the preced- ing, we fhall find equal reafon to admire Edward, and to blame Richard; but the circumftance of oppofition, furely, will not lie in the ftri€t regard paid by the former to national privileges, and the negle€t of them by the latter. On the contrary, the prince of {mall abilities, as he felt his want of power, feems to have been always more moderate in this refpe€t than the other. Every parliament af- fembled during the reign of Edward, remonftrate againft the exertion of fome arbitrary prerogative or other: We hear not any complaints of that kind during the reign of Richard, till the affembling of his laft parliament, which was fum- moned by his inveterate enemies, which dethroned him, which framed their com- plaints during the time of the moft furious convulfions, and whofe teftimony can therefore have, on that account, much lefs authority with every equitable judge *. Both thefe princes experienced the encroachments of the Great upon their autho- rity. Edward, reduced to neceffities, was obliged to make an exprefs bargain with his parliament, and to fell fome of his prerogatives for prefent fupply ; but as they were acquainted with his genius and capacity, they ventured not to de- mand any exorbitant conceffions, or fuch as were incompatible with regal and fovereign power: The weaknefs of Richard tempted the parliament to extort a commiffion, which in a manner dethroned the prince, and transferred the fceptre into the hands of the nobility. The events were alfo fuitable to the character of each. Edward had no fooner got the fupply, than he departed from the engagements, which had induced the parliament to grant it; he openly “ Compare, in this view, the abridgement of the records, by Sir Robert Cotton, during thele two rejens, — WNn2 told 1399- cs 276 HISTORY of ENGLAND. Chap. XVIE. told his people, that he Had bat diffembled with them when he feemed to make 1399 fein tHefe conceffions ; and he refumed and rétdined All his prerogatives. But Richard, becaufe he was detected in confulting ard deliberating with the judges on the Jawfulnefs of reftoring the Conftitution, found his barons immediately in arms againtt him ; was deprived of his liberty ; faw his favourites, his minifters, his tutor, butchered before his face, or bahifhed and attdinted ; and was obliged to give way toall this violence. There cannot be a more remarkable oppofition between the fortanes of two princes: It were happy for fociety, that this oppoli- tion depended always on the juttice or injuftice of the meafures which men em- brace ; and not rather on the different degrees of prudence and vigour, with which the‘e meafures are fupported. —— = ieee Mifcellaneous Ture was a fenfible decay of the authority of the eeclefiaftics during this pe- esa riod. The difguft, which the laity had received from the numerous ufurpations TIN - both of the court of Rome, and of their own clergy, had weaned the kingdom very much from fuperftition ; and ftrong fymptoms appeared, from time to time, of a general defire to fhake off the bondage of the Romifh church. In the committee of eighteen, to whom Richard’s laft parliament delegated their whole power, there is not the name of one ecclefiaftic to be found ; a neglect which. is almoft without example, while the Catholic religion fubfifted in England *. - “ = . : - < = ey 1 ON® “ On ee re ee Re ee a hee Pag averfion entertained againft the eftablifhed church foon found principles. and tenets, and reafonings, by which it could juftify and fupport itfelf. John. Wickliffe, a fecular prieft, educated at Oxford, began, in the latter end of Ed- ward III. to fpread the doctrines of reformation by his difcourfes, fermons, and writings; and he made many difciples among men of all ranks and {ftations,. He feems to have been a man of parts and learning; and has the honour of being the firft perfon in Europe, who publicly called in queftion thofe doétrines, which had’ univerfally paffed for certain and undifputed during fo, many ages. * The following paflage in Cotton’s Abridement, p. 196, fhows a flrange prejudice againft the church and churchmen. The commons afterwards coming into the parliament, and making their protefta- tion, foewed, thet for want of good redr cf: about the King’s perfon in bis boufehold, in all his courts touching maintainers in every county, and purveyors, the commons were daily pilled and nothing defended againft the enemy, and that it foould foortly deprive the King and undo the fate. Wherefore in the fame govern~ ment, they entirely require redre/s. Whereupon the King appointed fundry bifbops, lords and nobles, to fit in privy council about thefe matters: Who fince that they muft begin at the head and go at the requef? of the commons, they, in the prefence of the King, charged his confeffor not to come into the court but upon the four principal fefivals, We fhould little expeét that a Popih privy council, in order to preferve the King’s morals, fhould order his confeflor to be kept ata diftance from him. ‘This incident happened in the minority of Richard, As the popes had fora long time refided at Avignon, and the majority of the facred college were Frenchmen, this circumftance naturally encreafed the averfion of the nation to the papal power: But the prejudice againft the Englifh clergy cannot be accounted for from that caufe. ‘ Wick- Wickliffe himfelf, as well as his difciples, who received the name of Wicklif- Chap. XVIE fites or Lollards,; was diftinguified by a remarkable aufterity of life and man- ners; acircumftance commen to.almoft all thofe who dogmatize in any new way, both becaufe men, who draw to them the attention of the pROnE. and expofe them-. felves to the odium of great multitudes, are obliged to be véry guarded in their conduct, and becaufe few, who have a {trong propenfity to pleafure or bufinefs, will enter upon fo difficult and Jaborious an undertaking. The doétrines of Wickliffe, being derived from his fearch into the fcriptures and into ecclefiaftical: antiquity, were nearly the fame with thofe propagated by the reformers in the fixteenth century: He only carried fome of them farther than was done by the more fober part of thefe reformers. He denied the doétrine of the real prefence, the fupremacy of the church of Rome, the merit of monaftic vows ; He main- tained, that the fcripture was the fole rule of faith; that the church was depen- dant on the ftate, and ought to be reformed by it; that the clergy ought to- poffefs no eftates ; that the begging friars were a pene nuifance, and ought not to.be fupported * ; that the numerous ceremonies of the church were hurtful to true piety: He afferted, that oaths were unlawful, that dominion was founded in grace, that every thing was fubject to fate and deftiny, and that all men were predeftinated either to eternal {alvation.or reprobation +.. From the whole of his. doctrines, Wickliffe appears to have been ftrongly tinétured with enthufiafm, and to have been thereby the better qualified to oppofe a church, whofe diftincuifh- ing character was fuperftition. Tue propagation of thefe principles gave great alarm to the clergy ;. and a: bull was iffued by Pope Gregory XI. for taking Wickliffe into cuftody, and examining into the {cope of his opinions {, Courtney, bifhop of London, cited him before his tribunal; but the reformer had now got very: powerful protec- tors, who fcreened him from the ecclefiaftical jurifdiétion.. The duke of Lan- cafter, who then governed the kingdom,, encouraged the principles of Wickliffe ; and he made no {cruple, as. well as lord Piercy, the marefchal,.to appear openly in court with him, in order to give him countenance upon his trial :- He even in-- fitted,. that Wickliffe fhould fit in the bifhop’s prefence, while his principles were- examined: Courtney exclaimed againft this infult : The mob of London, thinking. their prelate affronted, attacked the duke and marefchal, who efcaped from their hands with fome difficulty §. And the populace, foon.after, broke into. the: * Walfingham, p. tg1. 208. 283, 284. Spelman Concil..vol. ii: p. 630. Knyghton, p. 2657. + Harpsfeld, p. €68. 673, 674.° Waldenf. tom. 1. lib. 3. art. 1. cap. 8. t Spelm. Conc. vol..ii. p, O21. Wallingham Ps 201, 202, 203. § Harpsfield in Hift, Wickl. p. 683, houles: 1399. i, 278 | WISTORY or ENGLAND. Chap. XVI. houfes of both thefe noblemen, threatened their perfons, and plundered their goods. 1399 The bifhop of London had the merit of appeafing their fury and refentment. Tus duke of Lancafter, however, ftill continued his protection to Wickliffe, during the minority of Richard ; and the principles of that reformer had fo far propagated themfelves, that when the Pope fent to Oxford a new bull againft thefe doftrines, the univerfity deliberated for fome time, whether they fhould receive the bull; and they never took any vigorous meafures in confequence of the papal orders*. Even the populace of London were at length brought to entertain favourable fentiments of this reformer: When he was cited before a fynod at Lambeth, che mob broke into the affembly, and fo overawed the prelates, who found both the people and the court againft them, that they difmiffed him with- out any farther cenfures. Tue clergy, we may well believe, were more wanting in power than inclination to punifh this new herefy, which ftruck at all their credit, poffeffions and autho- rity. But there was hitherto no law in England, by which the fecular arm was empowered to fupport orthodoxy ; and the ecclefiaftics endeavoured to fupply the defeét by a very extraordinary and very unwarrantable artifice. Inthe year 138r, there was an at paffed, enjoining fheriffs to apprehend the preachers of herefy and their abettors ; but this ftatute had been furreptitioufly obtained by the cler- gy, and had the formality of an enrolment without the confent of the commons. In the fubfequent feffion, the lower houfe complained of this fraud; affirmed, that they had no intention to bind themfelves to the prelates farther than their anceftors had done before them; and required that the pretended ftatute fhould be repealed, which was done accordingly +, But it is remarkable, that, notwith- {tanding this vigilance of the commons, the clergy had fo much art and influ- ence, that the repeal was fupprefied, and the aét, which never had any legal autho- rity, remains to this day upon the ftatute book {: Tho’ the clergy ftill thought proper to keep it in referve, and not proceed to the immediate execution of it, Bur befides the defeét of power in the church, which faved Wickliffe, that reformer himfelf, notwithftanding his enthufiafm, feems not to have been a¢tu- ated by the fpirit of martyrdom ; and in all fubfequent trials before the prelates, he fo explained away his doctrine by tortured meanings, as to render it quite in- nocent and inoffenfive §. Mott of his followers imitated his cautious difpofi- tion, and faved themfelves either by recantations or explanations. He died of a palfy in the year 1385, at his rectory of Lutterworth in the county of Leicefter and the clergy, mortified that he fhould have efcaped their vengeance, took care, * Wood’s Ant. Oxon, lib. 1. p.191, &c. Walfingham, p. 201. + Co'ton’s Abridgment, p. 285. { 5 Rich. IL. chap. 5. § Walfingham, p. 206. Knyghton, p. 2655, 2650, befides : ws ES Seis onde RE eS oe: AR oD i, 279 befides affuring people of his eternal damnation, to reprefent his laft diftemper as Chap. XVI, a vifible judgment of heaven upon him for his multiplied herefies and impieties *, Tue profclytes, however, of Wickliffe’s opinions ftill encreafed in England + : Some monkifh writers reprefent the half of the kingdom as infeéted by thofe prin- ciples: They were carried over to Bohemia by fome youth of that nation, -who {tudied in Oxford: But tho’ the age feemed ftrongly difpofed to receive them, affairs were not yet fully ripe for this great revolution ; and the finifhing blow to ecclefiaftical power was referved to a period of more curiofity, literature, and inclination for novelties. Meanwui te, the Englifh parliament continued to check the clergy and the court of Rome by more fober and more legal expedients. They enaéted anew the ftatute of provifors, and affixed higher penalties to the tranfgreflion of it, which, in fome inftances, was even made capital ¢. The court of Rome had fallen upon a new device, which encreafed their authority over the prelates: The Pope, who found that the expedient of arbitrarily depriving them was violent and liable to oppofition, attained the fame end by transferring fuch of them, as were obnoxious, to poorer fees, and even to nominal fees, in partibus infidelium. It was thus that the archbifhop of York, and the bifhops of Durham and Chichef- ter, the King’s minifters, had been treated after the prevalence of Glocefter’s faction: The good bifhop of Carlifle met with the fame fate after the acceffion of Henry IV. For the Pope always joined with the prevailing powers when they did not thwart his pretenfions. The parliament, in the reign. of Richard, enaéted a Jaw againft this abufe : And the King’ made a general remonftrance to the court of Rome againft all thofe impofitions, which he calls horrible exceffes of that court §. It was ufual at this time for the church, that they might elude the mortmain act, to make their votaries leave lands in truft to certain perfons, under whofe name the clergy enjoyed the benefit of the bequeft: The parliament alfo {topped the progrefs of this abufe ||. In the 17th of the King, the commons prayed, that remedy might be had againft fuch religious perfons as caufe their villains to marry free women inberitable, whereby the eftate comes to thofe religious hands by colluffon +. This was a new device of the clergy. THE papacy was at this time fomewhat weakened by a fchifm, which lafted for forty years, and gave great fcandal to the devoted partizans of the holy fee. Af- ter the Popes had refided many years at Avignon, Gregory XJ. was perfuaded to return to Rome; and upon his death, which happened in 1380, the Romans, * Walfingham, p. 312. Ypod. Neuft. p. <37- | + Knyghton, p, 2663. t 23 Rich, I]. cap. 3. 16 Rich, IL. cap. 4. § Rymer, vol, vii. p. 672, | Knyghton, p. 27,, 38. Cotton, p. 355. + Cotton, p. 355. ‘ refolute 3 bala hehe. aN a i : ®hap. xvi. refolute to fix, for ‘cardinals in t 1399- Fy, 280 TISTOR Y oF ENGLAN D. the future, the feat of the papacy in Italy, befieged the he conclave, and conftrained them, tho’ they were moftly French- men, to elect Urban VI. an Italian, into that high dignity. The French cardi- nals, fo foon as they recovered their liberty, fled from Rome, and protefting againt the forced eleGtion, chofe Robert, fon of the count of Geneva, who took the name of Clement VII. and refided at Avignon. All the kingdoms of Chriften- dom, according to their feveral interefts and inclinations, were divided between thefe two pontiffs. The caurt of France adhered to Clement, and were fo'l- lowed by their allies, the King of Caftile, and King of Scotland: England of courfe was thrown into the other party, and declared for Urban. Thus the ap- pellation of Clementines and Urbanifis diftraéted Europe for feveral years; and each party damned the other as fchifmatics, and as rebels to the true vicar of Chrift. But this circumftance, tho’ it weakened the papal authority, had not fo great an affect as might naturally be imagined. Tho’ any King could eafily, at firft, make his kingdom embrace the party of one Pope or the other, or even keep it fome time in fufpence between them, he could not fo eafily transfer his obedience at pleafure : The people attached themfelves to their own party as to a religious opinion; and conceived an extreme abhorrence to the oppofite party, whom they regarded as little better than Saracens or infidels. Crufades. were even undertaken in this quarrel; and the zealous bifhop of Norwich, in parti- cular, led over, in 1382, near 60,000 bigots into Flanders againft the Clementines ; but after lofing a great.part of his followers, he returned with difgrace into Eng- Jand*. Each Pope, fenfible, from this prevailing fpirit of the people, that the kingdom, which once embraced his caufe, would always adhere to him, boldly maintained all the pretenfions of his fee, and fteod not much more in awe of the fovereigns, than if his authority had not been endangered by a rival. We meet with this preamble to a law enacted at the very beginning of this yeign: ‘* Whereas divers perfons of fmall garrifon of land or other pofleffions do ‘¢ make great retinue of people, as well of efquires as of others, in many parts of << the realm, giving to them hats and other livery of one fuit by year, taking ‘© again towards them the value of the fame livery or percafe the double value, « by fuch covenant and affurance, that every of them fhall maintain other in all “¢ quarrels, be they reafonable or unreafonable, to the great mifchief and oppref- ‘¢ fion of the people, &c. +” This preamble contains a true picture of the ftate of the kingdom. The laws had been fo feebly executed, even during the long, active, * Froiflart, liv. 2. chap. 133,134 Walfingham, p. 298, 299, 300, &c. Knyghton, p. 267. $+ 1 Rich, Il, chap. 7. sf ers and BK it iC. Be a Ri BP FS 28r and vigilant reign of Edward III. that no fubject could truft to their protection, Chap. XVII. Men openly affociated themfelves, under the patronage of fome great man, for their mutual defence. They had public badges by which their confederacy was diftinguifhed. They fupported each other in all quarrels, iniquities, extortions, murders, robberies, and other crimes. Their chieftain was more their fovereign than the King himfelf ; and their own band was more conneéted with them than their country. Hence the perpetual turbulence, diforders, factions, and civil wars of thofe times: Hence the fmall regard paid to a character or the opinion of the public: Hence the large difcretionary prerogatives of the crown, and the danger which might have enfued from the too great limitation of them. If the King had poffeffed no arbitrary powers, while all the nobles affumed and exercifed them, there muft have enfued an abfolute anarchy in the ftate. One great mifchief attending thefe confederacies, was the extortine from the King pardons for the moft enormous crimes. The parliament often endeavoured, in the laft reign, to deprive the prince of this prerogative; but in the prefent, they were contented with an abridgement of it. They enaéted, that no pardon for rapes or murder from malice prepenfe fhould be valid, unlefs the crime was particularly fpecified in it |]. There were alfo fome other circumstances required for the pafling any pardons of this kind: An excellent law; but ill obferved, like moft laws, which thwart the manners of the people, and the prevailing cuftoms of the times. Ir is eafy to obferve, from thefe voluntary affociations among the people; that the whole force of the feudal fyftem was in a manner diffolved, and that the Englifh had nearly returned in that particular to the fame fituation in which they ftood before the Norman conqueft.’ It was indeed impofible, that that fyftem could long fubfift, under the conftant revolutions, to which landed property is every where fubject. When the great feudal baronies were firft ere€ted, the lord lived in opulence in the midft of his vaflals: He was in a fituation to protect and cherifh and defend them: The quality of patron naturally united itfelf to that of fuperior : And thefe two principles of authority mutually fupported each other. But when, by the various divifions and mixtures of property, a man’s fuperior came to live at a diftance from him, and could no longer give him fhelter or ar inlay er ome ” any "1 Diet mis He 8 ON SR: Spee 40% ham *; but the generous nature of that prince was averfe to fuch fanguinary me- Chap. XIX, thods of converfion. He reprefented to the primate, that reafon and convi€tion 1413. were the beft expedients for fupporting truth; that every gentle means ought firft to be tried, in order to reclaim men from error ; and that he himfelf would endeavour, by a converfation with Cobham, to reconcile him to the Catholic faith. But he found that nobleman obftinate in his opinions, and determined not to facrifice truths of fuch infinite moment to his complaifance for fovereigns +. Henry’s principles of toleration, or rather his love of the practice, could carry him no farther; and he then gave full reins to ecclefiaftical feverity againft this inflexible herefiarch. The primate indi€ted Cobham ; and with the affift- ance of his three fuffragans, the bifhops of London, Winchefter, and St. Da- vid’s, condemned him to the flames for his erroneous opinions. Cobham, who was confined to the Tower, made his efcape before the day of his execution. The bold fpirit of this man, provoked by perfecution and ftimulated by zeal, was urged to attempt the moft criminal enterprizes ; and his unlimited authority over the fect proved, that he well merited the attention of the civil magiftrate. He formed in his retreat very violent defigns againft his enemies ; and difpatching his emiffaries to all quarters, appointed a general rendezvous of the party, in order to feize the perfon of the King at Eltham, and put their perfecutors to the {word {. Henry, apprized of their intention, removed to Weitminfter : Cob- IAT 4, ham was not difcouraged by this difappointment ; but changed the place of rendez- 5th January. vous to the fields near St. Giles’s: The King, having fhut the gates of the city, to prevent any reinforcement to the Lollards from that quarter, came into the fields in the night-time, feized fuch of the conf{pirators as appeared, aind afterwards laid hold of the feveral parties, who were haftening to the place appointed. It appeared, that few were in the fecret of the con{piracy: The reft implicitly followed their leaders: But upon the trial of the prifoners, the treafonable defigns of the feét were rendered certain, both from evidence and from the confeffion of the criminals them- felves§. Some were executed ; the greater number pardoned ||. Cobham himfelf, who made his efcape by flight, was not brought to juftice, till four years after; when Punithmentof he was hanged as a traitor; and his body was burnt on the gibbet, in execution of !otd Cobham. the fentence pronounced againft him as a heretic 4. This criminal defign, which was perhaps fomewhat ageravated by the clergy, brought difcredic upon the party, and checked the progrefs of that feét, which had embraced the {peculative doctrines of Wickliffe, and at the fame time afpired to a reformation of ecclefiaftical abuts. * Fox’s A&s and Monuments, p- §13. T Rymer, vol. ix. p. 61. Walfingham, P- 333; { Walfingham, p. 38s. § Cotton, p. 554. Hall, fol, 35- Holingthed, -p: 544. | Rymer, vol. ix. p. 119, 129, 193. + Walfingham, p. 400. Otterbourne, p. 280. Holingthed, p. 561. THESE 302 | HISTORY or ENGLAND. Chap. XIX. THESE two points were the great objects of the Lollards,; but the generality of the : 1414- _ nation was not affeled in the fame degree by both of them. Common fenfe and ob- a vious reflection had difcovered to the people the advantages of areformation indif- - cipline ; but the age was not yet {o far advanced as to be feized with the fpirit of % controverfy, or to enter into thofe abftrufe doétrines, which the Lollards endea- voured to propagate throughout the kingdom. The very notion of herefy alarm- F ed the generality of the people : Innovation in fundamental principles was fufpi- cious: Curiofity was not, as yet, a proper counter-ballance to authority: And even many, who were the greateft friends to the reformation of abufes, were anxi- ous to exprefs their deteftation of the fpeculative tenets of the Wickliffites, which, they feared, threw dilgrace on fo good acaufe. This turn of thought appears evidently in the proceedings of the parliament, which was fummoned immedi- ately after the detection of Cobham’s confpiracy. That affembly paded fevere laws againft the new heretics: They enaéted, that whoever was convicted of Lol- | lardy before the ordinary, befides fuffering capital punifhment according to the “il laws formerly eftablifhed, fhould alfo forfeit his lands and goods to the King; and | that the chancellor, treafurer, juftices of the two benches, fheriffs, juftices of peace, and all the chief magiftrates in every city and borough fhould take an oath to ufe theit utmoft endeavours for the extirpation of herefy*. Yet this ve- ry parliament, when the King demanded fupply, renewed the offer formerly prefi- ed upon his father, and entreated him to feize all the ecclefiaftical revenues, and convert them to the ufe of the crown}. The clergy were alarmed : They could offer the King no bribe which was equivalent : They only agreed to confer on him all the priories alien, which depended on capital abbies in Normandy, and had been bequeathed them when that province remained united to England: And Chi- cheley, now archbifhop of Canterbury, endeavoured to divert the blow, by giving occupation to the King, and by perfuading him to undertake a war again{t France, ‘n order to recover his loft rights to that kingdom {. Lr was the dying injunGtion of the late King to his fon, not to allow the Eng- lifh to remain long in peace, which was apt to breed inteftine commotions; but ‘to employ them in foreign expeditions, by which the prince might acquire ho- nour; the nobility, in fharing his dangers, might attach themfelves to his perfon ;: and all the reftlefs {pirits find occupation for their inquietude. The natural difpo- fition of Henry fufficiently inclined him to follow this advice, and the civil diforders: of France, which had been lengthened. aut beyond. thofe of England, opened a full eareer to his ambition. ‘ ® 2 Hen. V. chap. 7. + Hall, fol. 35. + Hall,. fol..35, 36. THE. wv lan 7 7 By ASR ae V. 303 Tue death of Charles V. which followed fo foon after that of Edward IIT. Chap. XIX, and the youth of his fon, Charles VI. put the two kingdoms for fome time in a Seat oe fimilar fituation ; and it was not to be apprehended, that either of them, during France. a minority, would be able to make much advantage of the weaknefs of the other. The jealoufies alfo between Charles’s three uncles, the dukes of Anjou, Berri, and Burgundy, had diftracted the affairs of France, rather more than thofe between _the dukes of Lancafter, York, and Glocefter, Richard’s three uncles, diforder- ed thofe of England; and had carried off the attention of the French nation from any vigorous enterprize againft foreigners. But in proportion as Charles ad- vanced in years, the factions were compofed; his two uncles, the dukes of An- jou and Burgundy, died; and the King himfelf, affuming the government, gave fymptoms of genius and fpirit, which revived the drooping hopes of his coun- try. This promifing ftate of affairs was not of long continuance: The unhappy prince fell fuddenly into a fit of frenzy, which rendered him incapable of exer- cifing his authority ; and tho’ he recovered from this diforder, he was fo fubject to relapfes, that his judgment was gradually, but fenfibly impaired, and no {teddy plan of government could be purfued by him. The adminiftration of affairs was difputed between his brother, Lewis, duke of Orleans, and _ his coufin-german, John duke of Burgundy: The propinquity to the crown pleaded in favour of the former: The latter, who, in right of his mother, had inherited the county of Flan- ders, which he annexed to his father’s extenfive dominions, derived a luftre from hig {uperior power: The people were divided between thefe contending princes : And the King, now refuming and now dropping his authority, kept the victory undecided, and prevented any regular fettlement of the ftate, by the final prevalence of either party. At length, the dukes of Orleans and Burgundy, feeming to be moved by the cries of the nation and by the interpofition of common friends, agreed to bury all paft quarrels in oblivion, and to enter into ftriét amity together : They fwore before the altar to the fincerity of this friendthip; the prieft adminiftered the {a- crament to both of them; they gave to each other every pledge, which could be déeme@ facred among men: But all this folemn preparation was only a cover for the bafeft treachery, which was deliberately meditated by the duke of Bur- gundy. He made his rival be affaffinated in the ftreets of Paris: He endeavour- ed for fome time to conceal the part which he took in the crime: But being detected, he embraced a refolution ftill more criminal and more dangerous to fo- ciety, by openly avowing and juftifying it*. The parliament of Paris itfelf, the tribunal of juftice, heard the harangues of the duke’s advocate in defence of af- * La Laboureur, liv. 27. chap. 23, 24. {affina- ec 304 HISTORY or ENGLAND. Chap. XIX. faffination, which he denominated tyrannicide; and that affembly, partly influ- 1415- enced by faction, partly overawed by power, pronounced no fentence of condem- nation againft this deteftable doétrine*, The fame queftion was afterwards agi- tated before the council of Conftance; and it was with difficulty, that a feeble decifion, in favour of the contrary opinion, was procured from thefe fathers of the church, the minifters of peace and of religion. But the mifchievous effects of that tenet, had they been before any wife doubtful, appeared fufficiently from . the prefent incidents. The commifiion of this crime, which deftroyed all truft and fecurity, rendered the war implacable between the French parties, and cut off every means of peace and accommodation. The princes of the blood, con- fpiring with the young duke of Orleans and his brothers, made violent war on the duke of Burgundy; and the unhappy King, feized fometimes by one party, fometimes by another, transferred alternately to each of them the appearance of legal authority. The provinces were laid wafte by mutual depredations: Af {aflinations were every where committed from the animofity of the fevera' leaders 3 or what was equally terrible, executions were ordered without any legal or free trial, by pretended courts of judicature. ‘The whole kingdom was diftinguifhed into two parties, the Burgundians, and the Armagnacs ; fo the adherents of the young duke of Orleans were called, from the count of Armagnac, father-in-law to that prince. The city of Paris, diftraéted between them, but inclining more to the Burgundians, was a perpetual fcene of blood and*violence; the King and royal family were often detained captives in the hands of the populace; their faithful minifters were butchered or imprifoned before their face; and it was dan- gerous for any man, amidft thefe enraged factions, to be diftinguifhed by a ftrict adherence to the principles of probity and honour. : Durine this fcene of general violence, there rofe into fome confideration a body of men, which ufually makes no figure in public tranfactions even in the moft peaceful times; and that was the univerfity of Paris, whofe opinions were fometimes required, and. more frequently offered, in the multiplied dif- putes between the parties. The fchifm, by which the church was at that time devided, and which occafioned frequent controverfies in the univerfity, had raifed the matters to an unufual degree of importance 5 and this connexion between. literature and fuperftition had beftowed on the former a weight to which reafon and knowledge are not, of themfelves, any wie intitlea among men. But there wa another fociety whofe fentiments were much more decifive at Paris, the fra- ternity of butchers, who, under the direction of their ringleaders, had declared for the duke of Burgundy, and committed the moft violent outrages again{t the * Le Latoureuf, ‘liv. 27. Monaftrelet, chap. 39. " ) Es oppofite ie ~s Aa - Sg ee Bt 3 4 We LR ae V. 206 oppofite party. To-counterbalance their power, the Armagnacs made intereft Chap. XIX, wich the fraternity of carpenters ; the populace ranged themfelves on the one fide or the other; and the fate of the capital depended on the prevalence of either party. Tne advantage, which might be made of thefe confufions, was eafily perceived . ~ in England; and according to the maxims, which ufually prevail among nations ig was determined to lay hold of the favourable opportunity. The late Kine, who was courted by both the French parties, fomented the quarrel, by alternately fending affiftance to both ; but the prefent fovereign, impelled by the vigour of youth and the ardour of ambition, determined to puth his advantages to a greater length, and to carry a violent war into that diftraéted kingdom. But while he was making preparations for that end, he tried to effe€tuate his purpofe by nego- tiation ; and he fent over ambafladors to Paris, offering a perpetual peace and al” liance ; but demanding Catharine, the French King’s daughter, in marriage, two millions of crowns as her-portion, the payment of one million fix hundred thou- fand as the arrears of King John’s ranfom, and the immediate pofleffion and full fovereignty of Normandy and of all the other provinces, which had been ravithed from England by the arms of Philip Auguftus ; together with the fuperiority of Brittany and Flanders *. Such exorbitant demands fhowed, that he was fenfible of the prefent miferable condition of France; and the terms, offered by the French court, tho? much iaierior, difcovered their confcioufnefs of the fame me- lancholy truth. They were willing to give him the princefs in marriage, to pay him eight hundred thoufand crowns, to refign the entire fovereignty of Guienne, and to annex to that province the country of Perigord, Rovergue, Xaintonge, the Ahgoumois, and other territories +. . As Flenry rejected thefe conditions, and fcarce hoped that his own demands would be complied with, he never inter- rupted a moment his preparations for war, and having affembled a great fleet and army at. Southampton, having invited all the nobility and military men of the kingdom to attend him by the hopes of glory and of conqueft, he came to the fea-fide, with a purpofe of embarking on his expedition. * Rymer, vol. ix. p. 208. + Rymer, vol. ix. p. 211. It is reported by fome hiftorians (fee Hift. Croyl. Cont. p. 500.) that the Dauphin, in derifion of Henry’s claims and diffolute character, fent him a box of tennis balls; in. timating that thefe implements of play were better adapted to him than the inftruments of war. But this ftory is by no means credible ; the great conceflions made by the court of France, fhow, that they had already entertained a juft idea of Elenry’s charaéter, as well as of their own fituation; Vor. I. Rr Bur 141§> 306 HISTORY or ENGLAND. Chap. XIX. Bor while Flenry was meditating conquefts upon his neighbours, he unex- ke pectedly found himfelf in danger from a con{piracy at home, which was happily detected in its infancy. The earl of Cambridge, fecond fon of the late duke of York, having efpoufed the Gfter of the earl of Marche, had zealoufly embraced the interefts of that family ; and had held fome conferences with the lord Scrope of Mafham, and Sir Thomas Gray of Heton, about the means of recovering to that nobleman his juft right to the crown of England. The confpirators, fo foon: as they were deteéted, acknowledged their guilt to the King *; and Henry pro- ceeded without delay to their trial and condemnation. The utmoft that could be expected of the beft King in thofe ages, was, that he would fo far obferve the ef- fentials of juftice, as not to makean innocent perfon a victim to his feverity : But as to the formalities of law, which are often as material. as the effentials them- felves, they were facrificed without fcruple to the leaft intereft or convenience. A jury of commoners was fammoned : The three confpirators was indicted be- fore them: ‘The conttable of Southampton caftle fwore, that they had feparately confefied their guilt to him: Without other evidence, Sir Thomas Gray was com. demned and executed : But as the earl of Cambridge and lord Scrope pleaded the privilege of their peerage, Henry thought proper to fummon a court of eighteen barons, in which the duke of Clarence prefided : The evidence, given before the jury, was read to them: The prifoners, tho’ one of them was aprince of the blood, were not examined,. nor produced in court, nor heard in their own de- fence ; but received fentence of death upon this proof, which was every way ir- regular and illegal ; and the fentence was foon after executed. The earl of Marche was accufed of having given his approbation to this confpiracy, and re- ceived a general pardon from the King +. He was probably either innocent of the crime imputed to him, or had made reparation by his early repentance and: difcovery f. Tovafion of Tue fuccefies, which the arms of England have, in different ages, obtained France. over thofe of France, have been much owing to the favourable fituation of the former kingdom. The Enelifh, happily fated in an ifland, could make advan- “tage of every misfortune which attended their neighbours, and were little expofed co the danger of retaliation. They never left their own country, but when con- duéted by a King of extraordinary genius, or found their enemy divided by in- “teftine factions, or were fupported by a powerful alliance on the continent; and as all thefe circamftances concurred. at prefent to favour their enterprize, they had reafon to expect from it a proportionable fuccefs. The duke of Burgundy,. Ss ee eos : ats _ 2 es, « Rymer, vol. ix. Pp. 300: T. Livii, p. 8. + Rymer, vol, ix. Pp. 303: + St.Remi, chap. 55. Godwin, p. 65. expelled we eae ee as ete are expelled France by a combination of the princes, had been fecretly foliciting the alliance of England *; and Henry knew, that that prince, tho’ he fcrupled at firft to join the inveterate enemy of his country, would willingly, if ke faw any probability of fuccefs, both affift him with his Flemith fubjecéts, and draw over to the fame caufe all his numerous partizans in France. Trufting therefore to this circumftance, but without eftablifhing any concert with the duke, he put. to fea; and landed near Harfleur, at the head of an army of 6900 men at arms, and 24,000 foot, moftly archers. He immediately began the fiege of that place, which was valiantly defended by the lords d’Eftottteville, de Guitri, de Gaucourr, and others of the French nobility: But as the garrifon was weak, and the fortifi- cations in bad repair, they were at laft obliged to capitulate; and they promifed to furrender, if they received no fuccour before the eighteenth of September, The day came, and there was no appearance of a French army to relieve them : Yet they ftill delayed, on various pretences, to open their gates; till Henry, incenfed at their breach of faith, ordered a general affault, took the town by ftorm, and put all the garrifon to the fword ; except fome gentlemen, whom the victorious army, in hopes of reaping profit by their ranfom, were induced to {pare +. Tue fatigues of this fieze, and the unufual heat of the feafon, had fo wafted the Englifh army, that Henry could enter on no farther enterprize ; and was obliged to think of returning into England. He had difmifféd his tranfports, which could not fafely anchor in an open road upon the enemy's coaft; and he lay under a neceflity of marching by land to Calais, before he could reach a place of fafety. A numerous French army of 14,000 men at arms and 40,000 foot was by this time affembled in Normandy under the conftable d’Albert; a force, which, if prudently conducted, was fufficient either to trample down the E:nglith in the open field, or to harrafs and reduce to nothing their {mall army, before they could finifh fo long and difficule a march. Henry, therefore, very cautioufly offered to facrifice his conqueft of Harfleur for a fafe paffage to Calais ; but his propofal being rejected by the French court, he determined to force his way by valour and policy thro’ all the oppofition of the enemy §. That he might not difcourage his own army by the appearance of flight, or expofe them to thofe hazards which naturally attend precipitate marches, he made very flow and de- liberate journies |, till he reached the Somme, which he propofed to pais at the ford of Blanquetague, the fame place where Edward, in a like fituation, had * Rymer, vol. ix. p. 137, 138. + Le Laboureur, liv. 35. chap. 4, §. § Laboureur,. liv. 35, chap. 6, || TP. Livii, p. v2. Rr 2 before 308 Chap. be BEA army T. Bartle of Azincour. with. courage, 4 1415. by the precautio pofite bank *; and he was tl der to feek for a fafe paflage. ing parties of the enemy every attempt 5 and fatigue ; and his affairs feeme he was fo dexterous or fo fortunate tin, which had not been fufficiently guar Henry then bent his m sreat and immi threw themfelves full in his way, asth Oftober. ger he had pafled the {mall river of Terno from the heights the whole French and fo pofted that it was impoffible coming to an engagement. Nothing the battle upon which army were little more than fleur ; and they laboured under ev were four times more NuMErOUS 5 of the blood; and were plentifully fupplied ry’s fituation, was exactly fimilar to that of E and the memory of thefe great events ra like deliverance from their prefent difficul- which had been fol- Prince at Poictiers ; ties, The King likewile obferve lowed by thefe great commanders. between two woods, which pofture the attack of the enemy {. Hap the French conftable been able, circumftances of the two armies, or to profic 4 combat, and had waited, made them relinquifh four of the French nobility, on this fatal ation, which proved t The French archers on horfeback and their * St. Remi, chap. 5% HISTORY his provifions were CU made them hope fo the advantages © OF before efcaped from Philip de Valois. . But n of the French general, an x1erefore obliged {aw bodies of troops ont nent danger from the enemy, with.a purpofe of intercepting his retreat. is at Blangi, he was furprized to obferve y drawn up in the plains of Azincours for him to proceed on his march, without in appearance could be more all his fafety and his fortunes depended. half the number, which had difembarked at Har- ery difcouragement and neceflity. ‘The enemy were headed by the Dauphin and all the princes. with provifions of every kind. Hen- dward at Creffy, and that of the black , infpiring the Englifh | arm d the fame prudent conduct He drew up his army ona narrow sround. guarded each flank ; and he patiently. expected.in that: till neceffity, obliging f their fituation. and a vain confidence in fup + T. Livii, pe 13> ct ENGLAND. he found the ford rendered impaffable d guarded by a ftrong body on the op- to march higher up the river, in or- He was continually harraffed on his march by fly- he other fide ready to oppofe t off; his foldiers languifhed with ficknefs d to be reduced to a defperate fituation: When as to feize by furprize a paffage near St. Quin- ded, and he fafely carried over his either to reafon juftly upoa the prefent by paft experience,. he had declined the Englifh. to advance,. had But the impetuous va- erior numbers,. brought he fource of infinite calamities to their country.. men at arms, crowded in their. { St. Remi, chap. 62. unequal than The Englifh ranks, arch northwards to Calais; but he was {till expofed to. ; who had alfo pafled the Somme, and ae v Af- A = ae = 4-447 > H E N R x V. 40g ay ranks, advanced upon the Englifh archers, who had fixed pallifadoes in their Chap, XIX. front to break the impreffion of the enemy, and who fafely plyed them, from ™4'S-. behind that defence, with a fhower of arrows, which nothing could refift*. The clay foil, moiftened by fome rain, which had lately fallen, proved another ob- ftacle tothe force of the French cavalry: The wounded menand horfes difcom- pofed their ranks: The narrow compafs, in which they were pent, hindered them from recovering any order: The whole army was a fcene of confufion, terror and difmay ::And Henry, perceiving. his advantage, ordered the Englifh arch- ers, who were light and unincumbered, to advance upon the enemy, and feize the moment of victory. They fell with their battle-axes upon the French, who, in- their prefent pofture, were incapable either:of flying or of making defence: They hewed them in pieces without refiftance-+: And being feconded by the men at arms, who alfo pufhed on again{ft the enemy, they covered the field with the killeds wounded, difmounted and overthrown. After all appearance of. oppofition was over, the Englifh had -leifure to make prifoners ; and having advanced with un- interrupted fuccefs to the open plain, they there faw they remains of the French rear guard, which {till maintained the appearance of a line’ of battle. At the fame time,.they heard an alarm from behind: Some gentlemen of Picardy, hay- ing collected about 600 peafants, had fallen uponthe Englifh baggage, and were doing execution on the difarmed followers of the camp, who fled. before them. Henry, feeingthe enemy on all fides of him, began to entertain appre- henfions from his prifoners; and he thought it: neceflary to iffue general or. ders for putting.them to death {: But on the difcovery of the truth, he ftopped the flaughter, and was ftill able to fave.a great number. No battle was ever more fatal to France, by the number of princes and no- bility, flain or taken prifoners. Among the former were, the Conftable him- felf, the count de Nevers and the duke of Brabant, brothers to the duke of Bur- sundy, the count de Vaudemont, brother to the duke of Lorraine, the duke of Alencon, theuke of Barre, the count de Marle. The moft eminent prifoners were the dukes of Orleans and Bourbon, the counts d’Eu, Vendéme, and Riche- mont, and the marefehal de Boucicauts An archbrfhop.of Sens-alfo perithed fighting in this battle. The killed are computed on the whole to have amounted toten thoufand men ;. and as the flaughter fell chiefly upon the cavalry; it is pre- tended, that, of thefe, eight thoufand were gentlemen §. Henry was matter of T. Livii, p. 1g. La Laboureur, liv. 35. chap. 7. Monftrelet, chap. 147, * Walfingham, p. 392. : { T. Livn, p. 20. Le Laboureur; liv. 35. + Walfingham, p. 393- ¥pod, Neuft. p. 584. chap. 7. St. Remi, chap. 62, Monftrelet, chap. 147. Hall, fol. ‘$0. : § St. Remi, chap. 64, This author fays he. was prefent in the batth. Monftrelet, chap...148, makes the number amount to 8400. Chap. XIX. ids. i " 3t0 HISTORY or ENGLAND. 14,000 prifoners. The perfon of chief note, who fell among the Englifh, was the duke of York, who perifhed fichting by the King’s fide, and had an end more honourable than his life. He was fucceeded in his honours and fortune by his nephew, fon to the earl of Cambridge, executed in the beginning of the year, Allthe Englifh who were flain, exceeded not forty *; tho’ fome writers make the numbers more confiderable +. Tue three great battles of Creffy, Poictiers, and Azincour bore a fingular re- femblance to each other, in their moft confiderable circuinftances. In all of them, there appears the fame temerity in the Englifh ~princes, who, without any object of moment, merely for the fake of plunder, had ventured fo far ‘nto the enemies country as to leave themfelves no refource; and unlefs faved by the utmoft imprudence in the French commanders, were, from their very fituation, expofed to inevitable deftruction. But allowance being made for this temerity, which, according to the irregular plans of war, followed in thofe ages? feems to have been, in fome meafure, unavoidable; there appears, in the day of aétion, the fame prefence of mind, dexterity, courage, firmnefs and precaution on the part of the Englifh: The fame precipitation, confufion, and vain confidence on the part of the French : And the events were fuch as might have been ex- peéted from fuch oppofite conduét. The immediate confequences too of thefe three great victories were fimilar: Inftead of pufhing the French with vigour, and taking advantage of their confternation, the Englifh princes, after their vic- tory, feem rather to have relaxed their efforts, and to have allowed the enemy leifure to recover from his loffes. Henry interrupted not his march a moment after the battle of Azincour; he carried his prifoners to Calais, and from thence to England; he even concluded a truce with the enemy; and it was not till after an interval of two years that any body of Englifh troops appeared in France. Tue poverty ofall the European princes, and the fmall refources of their kinadoms, were tlie caufes of thefe continual interruptions in their hoftilitics ; and tho’ the maxinis of war were in general very deftructive, their mlitary opera- tions were mere incurfions, which, without any fettled plan, they carried on againft each other. The luftre, however, attending the victory of Azincour, procured fome fupplies from the Englifh parliament , tho’ ftill unequal to the ex- pences of a campaign. They granted Henry an entire fifteenth of moveables ; atid they conferred on him for life the duties of tonnage and poundage, and the fubfidies on the exportation of wool and leather. This conceffion is more confi- derable than that which had been granted to Richard II. by his laft parliament, * Walfingham, p.393. Otterbourne, p. 277. St. Remi, chap. 64. + Monftrelet, chap. 147. and PPS eo DO i ee ee a HE ON ROP SE 311 and which was afterwards, on his depofition, made fo ereat an article of charge acain{t him. Chap, XTX, JAT ;: But during this interruption of ‘hoftilities from England, France was expofed Sfate of 3 to all the furies of civil war; and the feveral parties became every day more en- raged againft each other. The. duke of Burgundy, in hopes that the French minifters and generals were entirely cifcredited, by the misfortune at Azincour, advanced with a great army to Paris, and attempted to re-inftate himfelf in pof- feffion of the government, as well as of the King’s perfon. But his partizans in that city were over-awed by the court, and kept in fubje€tion: The duke defpaired of fuccefs: And he retired with his forces, which he immediately difperfed in the Low Countries *. Tle was next year invited to make a new attempt, by fome violent quarrels, which broke out in the royal family. The Queen, lfabella, daughter of the duke of Bavaria, who had been hitherto an inveterate enemy to the Bur- gundian faction, had received a great injury from the other party, which the im- placable fpirit of that princefs was never able to forgive. The public neceffities obliged the count d’Armagnac, created conftable of France in place of d’Albert, to feize the great treafures whichTfabella had amaffed; and when the exprefled her difpleafure at this injury, he infpired into the weak mind of the King fome jea- loufies againft her conduct, and pufhed him to feize and put to the torture, and afterwards throw into the Seine, Bois-bourdon, her favourite, whom he accufed of a commerce of gallantry with that princefs. The Queen herfelf was fent to Tours, and confined under a guard + ; and after thefe multiplied infults, fhe no longer fcrupled to enter into a correfpondence with the duke of Burgundy. As her fon, the Dauphin Charles, a youth of fixteen, was entirely governed by the faction of Armagnac, fhe extended her animofity to him, and fought his deftruc- tion with the moft unrelenting hatred. She had foon an Opportunity of rendering her unnatural purpofe effectual. The duke of Burgundy, in concert with her, entered France at the head of a great army : He made himfelf matter of Amiens, Abbeville, Dgurlens, Montreiiil, and other towns in Picardy; Senlis, Rheims, Chalons, Troye, and Auxerre, declared themfelves for his party T. He got pof- feffion of Beaumont, Pontoife, Vernon, Meulant, Montlheri, towns in the neigh- bourhood of Paris; and carrying farther his progrefs towards the weft, he feized Etampes, Chartres, and other fortreffes; and was at laft able to deliver the Queen, who fled to Troye, and declared openly againft thofe minifters, who, fhe faid, detained her hufband in captivity §. * Le Laboureur, liv. 35.. chap. ro, + St. Remi, chap. 74, Monftrelet, chap. 167: t St. Remi, chap. 79, § St. Remi, chap. 87. Monftrelet, chap. 178, 179. 8 France. e T1S5 TORY: oF ENGLAN D. 312 Chap. KIX. Mgan-wHie, the partizans of Burgundy raifed a commotion in Paris, which a3 1410 a|ways inclined to that faétion. Lile-Adam, one of the duke’s captains, was re- | ceived into the city in the night time, and headed the infurreétion of the people, ) which in a moment became fo impetuous, that nothing could oppofe it. The perfon of the King was. feized : The Dauphin made his efcape with difficulty : Great numbers of the faction of Armagnac were immediately butchered : } The count himfelf, and many perfons of note, were thrown into prifon: Mur- i ti ders were daily committed from private animofity, under pretence of faction: And the populace, not fatiated with their fury, and deeming the courfe of pub- lic juftice too dilatory, broke open the prifons, and put to death the count d’Ar- | ‘i magnac, and all the other nobility who were there confined *. oS sia &, Warir France was in fuch furious combuttion, and was fo ill prepared to refift ‘New invafion a foreign enemy, Henry, having collected fome treafures, and levied an army, of oe landed in Normandy at the head of 25,000 men 5 and met with no confiderable -oppofition from any quarter. He made himfelf mafter of Falaife and Cherbourg ; 1418. | Evreux and Caen fubmitted to him; Pont de l’Arche opened its gates ; and Henry, having fubdued all the lower Normandy, and received a reinforcement of 15,000 men from England +, formed the fiege of Roiien, which was defended by a garrifon of 4000 men, feconded by the inhabitants, to the number of 15,000}. The cardinal des Urfins here attempted to incline him towards peace, and to moderate his pretenfions: But the King replied to him in fuch terms as fhewed that he was fully fenfible of all his prefent advantages: ‘* Do you not ‘© fee,”? faid he, ** that God has led me hither as by the hand? France has no << fovereign: I have juft pretenfions on that kingdom: Every thing is here in «¢ the utmoft confufion: Noone thinks of refifting me. CanI have a more «© fenfible proof, that that Being, who difpofes of empires, has determined to “* put the crown of France upon my head :”’ § Bur tho’ Henry had opened his mind to this {cheme of ambition, he ftill con- tinued to negotiate with his enemies, and endeavoured to obtain more fecure, tho’ lefs confiderable advantages. He made, at the fame time, offers Of peace to both parties ; tothe Queen and duke of Burgundy on the one hand, who having pof- feffion of the King’s perfon, carried the appearance of legal authority ||; and to ; the Dauphin on the other, who being the undoubted heir of the monarchy, was | adhered to by every one that had a regard to the true interefts of their country 4. Thefe two parties alfo carried on a continual negotiation with each other, The | * St. Remi, chap. 85, 86. Moniftrelet, chap. 118, + Walfing. p. 400. + St. Re. mi, chap. 9!. " § Juvenal des Urfins. ‘| Rymer, vol. ix. p. 717. 749- 4+ Rymer, vol. ix. p. 626, &c. terms AT —__ i ae ee Ft ak N. SR OY V. 313 terms propofed on all fides were perpetually varying: The events of the war, and Chap, XIX. the intrigues of the cabinet, intermingled with each other: And the fate of France remained long in this uncertainty. After many negotiations, Henry offered the Queen and the duke of Burgundy to make peace with them, to efpoufe the princefs Catharine, to accept of all the-provinces ceded to Edward III. by the treaty of Bretigni, with the addition of Normandy, which he was to receive in full and entire fovereignty *. Thefe terms were accepted of: -There remained only fome circumftances to adjuft, in order to the full completion of the treaty: But in this interval the duke of Burgundy {fecretly finifhed his treaty with the Dau- phin; and thefe two princes agreed to fhare the royal authority during King Charles’s life, and to unite their arms in expelling foreign enemies +. Tis alliance, which feemed to cut off from Henry all hopes of farther fuc- cefs, proved in the iffue the moft favourable event which could have happened for his pretenfions. Whether the Dauphin and duke of Burgundy were ever fin- cere in their mutual engagements is uncertain ; but very fatal effects refulted from their momentary and feeming union. ‘The two princes agreed to an interview, in order to concert the means of rendering effectual their common attack of the Englifh ; but how both or either of them could with fafety venture upon this conference, it feemed fomewhat difficult to contrive. The affaffination perpe- trated by the duke of Burgundy, and ftill more, his open avowal of the deed, and defence of the doctrine, tended to diffolve all the bands “of civil fociety ; and even men of honour, who detefted the example, might deem it juft, on a favourable opportunity, to retaliate upon the author. ‘The duke, therefore who neither dared to give, nor could pretend to require any truft, agreed to all the contrivances for mutual fectrity, which were propofed by the minifters, of the Dauphin. ‘The two princes came to Montereau : The duke lodged in the cattle ; the Dauphin in the town, which was divided from the caftle by the river Yonne: The bridge between them was chofen for the place of interview: ‘Two high rails were drawn.acrofs the bridge : The gates on each fide were guarded, the one by the officers of the Dauphin, the other by thofe of the duke: The princes were to enter into the intermediate fpace by the oppofite gates, accompanied each by ten perfons; and with all thefe marks of diffidence, to conciliate their mutual friendfhip. But it appeared, that no precautions are fufficient, where laws have no place, and where all principles of honour are utterly abandoned. Tanegui de Chatel, and others of the Dauphin’s retainers, were zealous partizans of 1419, the houfe of Orleans, and they determined to feize the opportunity of revenging 4“aflination of the duke of on the affaffin the murder of that prince: They no fooner entered the rails, than Burgundy, * Rymer, vol. ix. p. 762. + Rymer, vol, ix. p. 776. St, Remi, chap. 95. Vor. IL. Sf they Chap. XIX, 141s e, 314 HISTORY or EN GOLAN D. they drew their fwords and attacked the duke of Burgundy: His friends were aftonifhed, and thought not of making any defence ; and all of them either {hared his fate, or were taken prifoners by the retinue of the Dauphin *. Tue extreme youth of this prince, made it doubtful whether he was admitted sto the fecret of the confpiracy: But as the deed was. committed under his eye, by his. moft intimate friends, who ftill retained their connexions with him, the blame of the.aétion, which was certainly more imprudent than criminal, fell en- tirely upon him, The whole ftate of affairs was every where changed by that unexpected incident. The city of Paris, which was paffionately devoted to the fa- mily of Burguady, broke out into the higheft fury againft the Dauphin. The court of King Charles entered from intereft into the fame views ; and as all the minifters about that monarch had owed their preferment to the late duke, and forefaw their downfall if the Dauphin recovered poffeffion of his father’s perfon, they were concerned to prevent, by any means, the fuccefs of his enterprize. The Queen, perfevering in her unnatural animofity again{t her fon, encreafed the general flame, and infpired into the King, as far as he was fufceptible of any fentiment, the fame prejudices by which fhe herfelf had long been actuated. But above-all, Phi- Hip count de Charolois, now duke of Burgundy, thought himfelf bound by every tye-of honour and of duty, to revenge the murder of his father, and to profecute the affaffin to the utmoft extremity. And in this general tranfport of rage, every confideration of national and family intereft was buried in oblivion by all parties: The fubjection to a foreign enemy, the expulfion of the lawful her, the flavery of the kingdom, appeared but (mall evils, if they led to the grattfi- cation of the prefent paffion. | Tue King of England had, before the death of the duke of Burgundy, pro- fited extremely by the diftraétions of France, and was daily making a confider- able progrefs in Normandy. He had taken Roiien after an obftinate fiege [> He had made himfelf mafter of Pontoife and Gifors : He even threatened Paris, and by the terror of his power, had obliged the court to remove to Troye : And in the midit of his fuccefles, he was agreeably furprized, to find his enemies,, in- ftead of combining againft him for their mutual defence, difpofed to rufh into his arms, and to make him the inftrument of their vengeance upon each other. A league was immediately concluded at Arras between him and the duke of Bur- gundy. That prince, without ftipulating any thing for himfelf, except the pro- fecution of his father’s murder, and the marriage of the duke of Bedford with his filter, was willing to facrifice the kingdom to Henry’s ambition, and he agreed to every demand, which was made by that monarch. In order to finifhh * St. Remi, chap. 97. Monftrelet, chap. 211, + T’, Livii, p. Gg. Monftrelet, chap. 201. that et at file hte. . mr ee to en 2 Be Sor ee = ‘ SATA ’ e ’ ee GT TT “ v7 BDSG ee Ce Mia Be aNsew Ree ¥. Go ; that aftonifhing treaty, which was to transfer the crown of France to a ftranger, Henry went to T'roye, accompanied by his brother, the dukes of Clarence and Glocefter ; and was there met by the duke of Burgundy. The imbecillity, into which King Charles had fallen, made him incapable of feeing any thing but thro’ the eyes of thofe who attended him ; as they, on their part, faw every thing thro’ the medium of their paffions. The treaty, being already concerted among the parties, was immeciately drawn and figned and ratified: Henry’s will feemed to be a law throughout this whole negotiation: Nothing was attended to but his advantages. THe principal articles of the treaty were, that Henry fhould efpoufe the prin- cefs Catherine : That King Charles, during his life time, fhould enjoy the title and dignity of King of France: That Henry fhould be declared and acknow- Treaty of Troye. ledged heir of the monarchy, and be entrufted with the prefent adminiftration of - the government: That that kingdom fhould pafs to his heirs general: Thet France and England fhould for ever be united under one King; but fhould till retain their feveral ufages, cuftoms, and privileges: That all the princes, peers, vaiials, and communities of France, fhould fwear, both thar they would adhere to the future fucceffion of Henry, and pay him prefent obedience as regent: That that prince fhould unite his arms to thofe of King Charles and the duke of Burs gundy, in order to fubdue the adherents of Charles, the pretended Dauphin : And that thefe three princes fhould make no peace nor truce with him but by com- mon confent and agreement *. Suc was the tenor of this famous treaty; a treaty, which as nothing but the moft violent animofity could dictate, fo nothing but the power of the {word could carry it into execution. It is hard to fay, whether its confequences, had it taken place, would have proved more pernicious to England or to France. It mutt have reduced the former kingdom to the rank of a province: It would have én« tirely disjointed the fucceffion of the latter monarchy, and have brought on the deftruction of every defcendant of the royal family: As the houfes of Orleans, Anjou, Alengon, Brittany, Bourbon, and of Burgundy itfelf, whofe titles were preferable to that of the Englifh princes, would on that account have been ex- pofed to perpetual jealoufy and perfecution from the fovereign. There was even a palpable deficiency in Henry’s claim, which no art could palliate. For befides “the infuperable objections, to which Edward II{d’s pretenfions were expofed, he was not heir to that monarch: If female fucceffion was admitted, the right had devolved to the houfe of Mortimer: Allowing, that Richard I. was a tyrant, and that Henry [Vth’s merits, in depofing him, were fo great towards the Englith, * Rymer, vol. ix. p. 895. St. Remi, chap. ror. Monftrelet, chap. 223. S {2 as Chap, XIX. 1420. Marriage of the King. ey 316 HISTOR YOorrENGLAWN D. as to juttify that nation for placing him on the throne; Richard had nowife offended France, and his rival had merited nothing of that kingdom : It could not poffibly be pretended, that the crown of France was become an appendage to that of England; and that a prince, who, by any means, got poffeffion of the latter, was, without farther queftion, entitled to the former. So that onthe whole,, it muft be allowed, that Henry’s claim to France was, if poffible, ftill more unintelligible, than the title, by which his father had mounted the throne of England. Bur tho’ all thefe confiderations were overlooked, amidft the hurry of paffions, by which the courts of France and Burgundy were actuated, they would necef- farily revive during times of more leifure and tranquillity ; and it behoved Hen- ry to puth his prefent advantages, and allow men no leifure for reafon or reflec- tion. Ina few days after, he efpoufed the princefs, Catherine: He carried his father-in-law to Paris, and put himfelf in poffeffion of that capital: He obtained from the parliament and the three eftates a ratification of the treaty of Troye: He fupported the duke of Burgundy in procuring a fentence againft the murder- ers of his father: And he immediately turned his arms with fuccefs againft the adherents of the Dauphin, who, {o foon as he heard of the treaty of Troye, took on him the ftile and authority of regent, and appealed to God and his fword for the maintenance of his title. Tue firft place which Henry fubdued, was Sens, which opened its gates after a flight refiftance. With the fame facility, he made himfelf mafter of Monte- reau. The defence of Melun was more obftinate ; Barbafan, the governor, held. out for the fpace of four months againft the befiegers; and it was famine alone which obliged him to capitulate. Henry promifed to {pare the lives of all the garrifon, except fuch as were accomplices in the murder of the duke of Bur- gundy; and as Barbalan himfelf was fufpected:to be of the number, his punifh- ment was demanded by Philip: But the King had the generofity to intercede for him, and to prevent his execution *: Tue neceffity of providing fupplies both of men’ and money obliged Henry to go over to England; and he left the duke of Exeter, his uncle, governor of Paris during his abfence. The authority, which naturally attends fuccefs, procur= ed him from the Englifh parliament a fubfidy of a fifteenth , but if we may judge by the fmallnefs of this fupply, the nation was nowile famguine on their King’s victo- ries; and in proportion as the profpect of their union with France came nearer, they began to open their eyes, and to fee the dangerous confequences with which it i *¥ Hollingfhed, p. 577. muft i Lee ee Eyre Hy) Foe NR an at, 317 muft neceffarily be attended. It was fortunate for Henry, that he had other re- Chap. XIX. fources, befides pecuniary fupplies from his native fubjects. The provinces, which he had already conquered, maintained his troops; and the hopes of farther advantages allured to his ftandard all men of ambitious fpirits in England, who defired to fignalize themfelves by arms. He affembled a new army of twenty- four thoufand archers, and four thoufand horfemen *, and marched them to Do- ver, the place of embarkation. Every thing had remained in tranquillity at Paris under the duke of Exeter ; but there had happened in another quarter of the king- dom a misfortune, which haftened his departure. Tue detention of the King of Scots in England had hitherto proved very ad- vantageous to Henry ; and by keeping the regent in awe, had preferved, during the whole courfe of the French war, the northern frontier in tranquillity. But when intelligence arrived in Scotland, of the progrefs made by Henry, and the near profpect of his fucceffion to the crown of France, the nation was alarmed, and forefaw their own inevitable ruin, if the fubjection of their ally left them to combat alone an enemy, who was already fo much fuperior to them in power and riches. The regent entered into the fame views; and tho’ he declined an open war with England, he permitted a body of feven thoufand Scots, under the command of the earl of Buchan, his fecond fon, ‘to be tranfported into France for the fervice of the Dauphin. To render this aid ineffectual, Henry had carri- ed over the young King of Scots, whom he obliged to fend orders to his coun- trymen to leave the French fervice ; but the Scots general replied, that he would ‘obey no commands which came from a King in captivity, and that a prince, while in the hands of his enemy, was nowife entitled to authority. Thefe troops, therefore, continued ftill to aét under the earl of Buchan ; and were employed by the Dauphin to oppofe the progrefs of the duke of Clarence in Anjou. The two armies encountered at Baugé: The Enelifh were defeated : Ihe duke him- felf was flain by Sir Allan Swinton, a Scots knight, who commanded a compa- ny of men at arms: And the earls of Somerfet+, Dorfet, and Huntingdon were taken prifoners {. This was the firft action, which turned the tide of fuccefs againft the Englifh,; and the Dauphin, that he might both attach the Scots to his fervice, and reward the valour and conduét of the earl of Buchan, honoured that nobleman with the office of conftable, Burt the arrival of the King of England, with fo confiderable an army, was more than fufficient to repair this lofs. Henry was received at Paris with great expref- * Monftrelet, chap. 242. + His name was John, and he was afterwards created duke of Somer- fet. He was grandfon of John of Gaunt duke of Lancafter. The earl of Dorfet was brother to Someriet, and fucceeded him in that title. { St. Remi, chap, 110. Monftrelet, chap. 239. Hall, fol. 76. fions L421. 1421, TA2Z2. Death, J, 318. HISTORY or ENGLAND. Chap. XIX. fions of joy ; fo obftinate were the prejudice of the people : And he immediately conducted his army to Chartres, which hac long been befieged by the Dauphin. That prince decamped on the approach cf the Englifh; and being refolved to decline a battle, he retired with his amy *.. Henry made himfelf maf- cer of Dreux without a blow: He laid fiege. to Meaux at the folicitation of the Parifians, who were much incommoded by the garrifon of that. place. This enterprize employed the Englifh arms during the fpace of eight months : The baftard of Vaurus, the governor of Meaux, diftinguifhed himfelf by an ob~ finate defence ; but was at laft- obliged to furrender at difcretion. The cruelty of this officer was equal to his bravery: He was accuftomed to hang without diftinction all the Englith and Burgundians who fell into his hands: And Henry, in revenge of his barbarity, ordered him immediately to be hanged on the fame tree, which he had made the inftrument o his inhuman executions 7. Tus fuccefs was followed by the furrencer of many other places in the neigh- bourhood of Paris, which held for the Datphin : That prince was chaced beyond the Loire, and almoft totally abandoned all the northern provinces: Fle was even purfued into the fouth by the united arms of the Englith and Burgundians, and threatened with total deftruétion : Notvithftanding the bravery and fidelity of his captains, he faw himfelf unequal to his enemies in the open field; and found it neceflary to temporize, and to avoid all Lazardous actions with a rival, who had gained fo much the afcendant over him. And to crown all the other profperities of Henry, his Queen was delivered of a fon, who was called by his father’s name, and whofe birth was celebrated by rejoicings no lefs pompous and no lefs fincere at Paris than at London. The infant prince feemed to be univerfally regarded as the future heir of both monarchies. Bur the glory of Henry, when it had nearly reached the fummit, was ftop- ped fhort by the hand of nature; and all his mighty projects vanifhed into fmoke. He was feized with a fiftula, which the furgeons at that time had not fkill enough to cure; and he was at laft fenfible, that his diftemper was mortal, and that his end was approaching. He fent- for his bmther the duke of Bedford, the earl of Warwic, and a few more noblemen, whom he had honoured with his confidence ; and he delivered to them, in great trancuillity, his laft will with regard to the government of his kingdom and family. He entreated them to continue, to- wards his infant fon, the fame fidelity and attachment, which they had always profefied to him during his life-time, and which had been cemented by fo many * St. Remi, chap. 3. + Rymer, tol. x. p. 212. TT. Livii, p- 92, 93. St. Remi, chap. 116. Monftrelet, chap, 260. mutual - . . ee eel he . eT -o J oF Pe = pth Mera. AT eS = ee - me ON GR Y¥ V. 319 mutual good offices.. He expreffed his indifference on the approach of death; and tho’ he regreted, that he muft leave unfinifhed a work fo happily. begun, he declared himfelf confident, that the final acquifition of France would be the effeé of their prudence and valour. He left the regency of that kingdom to his eldeft brother, the duke of Bedford ; that of England to his younger, the duke of Glocefter ; and the care of his fon’sperfon tothe earl of Warwic. He recommended to all of the an anxious care to maintain the friendfhip of the duke of Burgundy; and advif- ed them never to give liberty to the French princes taken at Azincour, till his fon was of age, and could himfelf hold the reins of government. And he con- jured them, if the fuccefs of their arms fhould not enable them to place young Henry on the throne of France, never at leaft to make peace with that king- dom, unlefs the enemy, by the ceffion of Normandy and its annexation to the crown of England, made compenfation for all the hazards and expence of his en- terprize.*. Fle next applied himfelf to his devotions, and ordered his chaplain to read the feven penitential pfalms. When he came to that paflage of the fifty firft pfalm; Build thou the walls of Ferufalem; he interrupted him, and profeffed ‘his ferious intention, after he fhould have fully fubdued France, to havé made a crufade Chap. XIX, 14.22, againft the Infidels, and recover pofféffion of the Holy Land +. So ingenious’ are’ men in deceiving themfelves, that Henry forgot in thofe moments, all the blood fpilt by his ambition; and received comfort'from this late and feeble refolve; which, as the mode of thefe enterprizes was now paft, he certainly would never have carried into execution, He expired in the thirty-fourth’ year of his age and the tenth of his reign. | Tuts prince poffefled many eminent virtues: and if we give indulgence to ambition in a monarch, or rank it, as the vulgar are inclined to do, among his virtues, they were unftained by any confiderable blemifh. His abilities appeared equally in the cabinet and in the field; the boldnefs of his enterprizes was no lefs remarkable than his perfonal valour in conducting them. He had the talent of attaching his friends by affability, and of gaining his enemies by addrefs and clemency. The Englifh, dazzled by the luftre of his character, ftill more than by that of his victories, were reconciled to the defeéts of his title: The French salmoft forgot that he was an enemy: And his care of maintaining juttice in his civil adminiftration, and preferving difcipline in his armies, made {ome amends to both nations for the calamities infeparable from thofe wars, in which his fhore reign was almoft entirely occupied. That he could forgive the earl of Marche, who hada “ Monftrelet, chap. 265. Hall, fol. 80, + St. Remi, chap. 118. Monftrelet, chap: 265. 7 2 better 32 Auouit, and charaQepr of the King _ 320 mis TOR 2 Or ENGLAND. Chap. XIX, better right to the throne than himfelf, is a fure proof of his magnanimity ; and 1422. that the earl relied fo entirely on his friendthip, is no lefs a proof of his eftablifhed: character for candor and fincerity. ‘There remain in hiftory few inftances of. fuch mutual truft; and fill fewer where neither party found reafon to repent it. “, this great prince, as well as his deportment, was en- gaging. His ftature was fomewhat above the middle fize; his countenance beautiful; his limbs genteel and flender, but full of vigour s and he excel- led in all warlike and manly exercifes*. He left by his Queen, Catharine of France, only one fon, not fal] nine morths old ; whofe misfortunes in the courfe of his life, furpaffed all the elories and fuccefies of his father. In lefs than two months after Henry’s death, Charles VI. of France, his fa- ther-in-law, terminated his unhappy life. He had, for feveral years, poflefied only the*appearance of royal authority : Yet was this circumftance of confider- able moment to the Englifh ; and divided the duty and affections of the French between them and the Dauphin. This prince was proclaimed and crowned King of France at Poitiers, under the name of Charles VII. Rheims, the place where that ceremony was ufually performed, was at that time in the hands of his ene- mics. CaTHERINE of France, Henry’s widow, matried foon after his death, a Welch gentleman, Sir Owen Tudor, faid to be defcended from the antient prin- ces of that country: She bore him two fons, Edmund and Jafper, of whom, the eldeft was created earl of Richmond ; the fecond earl of Pembroke. The family of Tudor, firft raifed to diftinétion by this alliance, mounted afterwards the throne of England. Mifcellaneous Tue long {chilm, sranfactions. was finally terminated in ¢ Tuer exterior figure of which had divided the Latin church for near forty years, his reign by the council of Conftance; which depofed the Pope, John XXIII. for his crimes, and eleéted Martin V. in his place, who was acknowledged by almoft all the kingdoms of Europe. This + and unufual aét of authority in the council gave the Roman Pontiffs ever after a mortal antipathy to thefe aflemblies. The fame jealoufy, which had long prevailed in moft European countries, between the civil ariftocracy and monar- chy, now alfo took place between thele powers in the ecclefiaftical body. But the great feparation of the bifhops in the feveral flates, and the difficulty of aflemb- ling them, gave the Pope a mighty advantage, and made it more eafy for him to collect all the power of the Hierarchy in his own perfon. The cruelty and treachery which attended the punifhments of John Hufs and Jerome of Prague, the unhappy difciples of Wickliffe, who were burned alive for their errors by * T. Livii, p. 4 ered this SE ) He Roa Re V. : this council, prove this melancholy truth, that toleration is none of the virtues of ¢ priefts in any form of ecclefiaftical government. But as the Englifh prince had little or no concern in thefe great tranfactions, we are here the more concife in relating them. Tue firft commiffion of array, which we meet with, was iffued in this reign *. The military part of the feudal fyftem, which was the moft effential circum- {tance of it, was entirely difflolved ; and could no longer ferve for the defence of the kingdom. © Henry, therefore, when he went to France in 1415, empowered Certain commifliioners to take a review @f all the freemen in each county able to bear arms, to divide them into companies, and to keep them in readinefs for re- fifting the enemy. ‘This was the era, when the feudal militia gave place to one which was perhaps ftill lefs orderly and regular. We have an authentic and exact account of the ordinary revenues of the crown during this reign ; and they amount only to 55,714 pounds ro fhillings and 10 pence ayear+. ‘This is nearly the fame with the revenues of Henry III. and the Kings of England had neither become. much richer nor poorer in the courfe of fo many years. The ordinary expences of the government amounted to 52,507 pounds 16 fhillings and 10 pence: So that the King. had of furplus only 3206 pounds 14 fhillings for the fupport of his houfehold’; for his wardrobe ; for the expence of embaffies; and other articles. . This fum was. nowife fufficient; he was therefore obliged to have frequent recourfe to parliamentary fupplies, and was thus, even in time of peace, not altogether independant of his people. But wars were a monftrous expence, which neither the prince’s. ordinary revenue, nor the extraordinary fwpplies, were able to bear; and he was always reduced to many miferable fhifts, in order to make any tolerable figure in them. He commonly borrowed money from all quarters; he pawned his jewels, and fometimes the crown itfelf =~; he ran in arrears to his army ; and he was often obliged, not- withftanding all thefe expedients, to ftop in the midft of his career of victory, and to grant truces to the enemy. The high pay which was given to foldiers agreed very ill with this low revenue. All the extraordinary f{upplies granted by parliament to Henry during the courfe of his reign were only feven tenths and -fifteenths, about 203,000 pounds ||. It is eafy to compute how foon this money muft be exhaufted by armies of 24,000 archers, and 6000 horle; when each archer had a fixpence a-day §, and each horfeman two fhillings. The moft * Rymer, vol. ix. ps 254, 265. + Rymer, vol, x. p. 113. { Rymer, vol. x. p. 1go. | Parliamentary Hiflory, vol. ii. p. 168. § It appears from many paflages of Rymer, particularly vol. ix. p. 258, that the King paid-20 marks aday. ‘The price had rifen, as is natural, a-year for an archer, which is a good deal above fixpence by raifing the denomination of money. ' VoL. Ll. i ME {fplendid hap. XIX, 1422. 1422, Chap. XIX, CJ 322 HISTORY or ENGLAND. fplendid fucceffes proved commonly very fruitlefs when fupported by fo poor a re- venue; and the debts and difficulties, which he thereby incurred, made the King pay dear for his victories. The civil adminiftration, likewife, even in time of. peace, could never be very regular, where the government was fo ill enabled to fupport itfelf. Henry a year before his death owed debts, which had been contraéted when he was prince of Wales*. It was in vain that the parliament pretended to reftrain him from arbitrary practices, when he was reduced to fuch neceffities. Tho’ the right of levying purveyance, for inftance, had been exprefsly guarded again{ft by the great charter itfelf, and was frequently complained of by the commons, it was found abfolutely impracticable to abolifh it; and the par- liament at length, fubmitting to it asa legal prerogative, contented themfelves with enacting laws to limit and confine it. The duke of Glocefter, in the reign of Richard Il. poffeffed a revenue of 60,000 crowns, (about 30,000 pounds a- year of our prefent money) as we learn from Froiffart +, and was confequently richer than the King himfelf, if all circumftances be duely confidered. Ir is remarkable, that the city of Calais alone was an annual expence on the crown of 19,119 pounds {; that is, above a third of the common charge of the government in time of peace. This fortrefs was of no ufeto the defence of England, and only gave that kingdom an inlet to annoy France. Ireland coft two thoufand pounds a-year, over and above its own revenue; which was. cer- tainly very low. Every thing contributes to give us a very mean idea of the ftate of Europe in thofe ages. From the moft early times, till the reign of Edward III. the denomination of money had never been altered: A pound fterling was ftill a pound troy; that is, about three pounds of our prefent money. That conqueror was firft obliged to innovate in this important article. In the twentieth year of his reign, he coined twenty-two fhillings out of a pound troy; in his twenty-feventh year he coined twenty-five fhillings. But Henry V. who was alfo a conqueror, railed ftill farther - the denomination, and coined thirty fhillings from a pound troy |}: His revenue therefore would be about 110,000 pounds of our prefent money; and by the cheapnefs of provifions, would be equivalent to above 330,000 pounds. None of the princes of the houfe of Lancafter, ventured to impofe taxes without confent of parliament: Their doubtful or bad title became fo far of ad- vantage to the conftitution. The rule was then fixed, and could not fafely be broke afterwards even by more abfolute princes. . * Rymer, vol. xX. p. 114. + Liv. 4. chap, 86. i) Fleetwood’s Chronicon Preciofum, Pp. 52. t Rymer, vol. x. p. 113. Ck P, 3 Wethe se Oba -. pelea ~ area. tan a 9 Ay wer, oe Government. during the minority URING the reigns of the Lancaftrian princes, the authority of parliament ¢,, ap. XX. regarded, t ri. E N R Y Vi. | 323 CoP A erwg} Se Nee VI. State of France Miltary ope- rations——Battle of Verneiul Siege of Orleans The Maid of Orleans The fiege of Orleans raifed———The King of France crowned at Rheims Prudence of the duke of Bedford——Execution of the maid of Orleans Defection of the duke of Burgundy——Death of the duke of Bedford Decline of the Englifb in France Truce with France—— Marriage of the King with Margaret of Anjou Murder of the duke of Glocefter State of France Renewal of the war with France-——The Englifh expelled France. feems to have been more confirmed, and the privileges of the people. more men of great fpirit and abilities, abftained from fuch exertions of prerogative, as even weak princes, whofe title was undifputed, were tempted to think that they might venture upon with impunity. The long minority, of which there was now the profpect, encouraged flill farther the lords and commons to extend their authority; and without paying much regard to the verbal deftination of Henry V. they affumed the power of giving a new arrangement to the whole adminiftration. They declined altogether the name of Regent with regard to England: They appointed the duke of Bedford to be protector or guardian of that kingdom, a title which they fuppofed to imply lefs authority: They invefted the d ake of Glocefter with the fame dignity during the abfence of his elder brother *; and in order to limit the power of both thefe princes, they named a counc il, without whofe advice and approbation no meafure of importance could be determined +. ‘The perfon and education of the infant prince was committed N73 to Henry Beaufort, bifhop of Winchefter, his great uncle, and the legitimated fon of John of Gaunt, duke of Lancafter; who, as his family could never have de: ymer, vol, x. p- 261. Cotton, p. 564. + Cotton, p. 564. -.t-2 any 1422. han during any former period; and the two preceding Kings, tho’ Government during the minority. —— i ee Chap. XX. 1422. State of France. ie eee a, 324 HISTORY. or ENGLAND. any pretenfions to the crown, might fafely, they thought, be intrufted with that important charge *. The two princes, the dukes of Bedford and Glocefter, who might deem themfelves injured by this plan of government, yet, being perfons of great integrity and honour, acquiefced willingly in any appointment, which feemed to give fecurity to the public; and as the wars in France appeared to be the object of greateft moment, they avoided every difpute, which might throw an. obftacle in-the way of thefe conquetts. | WueEn the ftate of affairs between the Englifh and French Kings was con- fidered with a fuperficial eye, every advantage feemed to be on the fide of the former; and the total expulfion of Charles appeared to be an event, which might naturally be expected from the fuperior power of his rival. ~Fho’ Henry was yet in his infancy, the adminiftration was devolved on the duke of Bedford, the moft accomplifhed prince of his age; whofe experience, prudence, valour, and generofity perfectly qualified him for this high office, and enabled him both to maintain union among his friends, and to gain the confidence of his enemies. The whole power of England was at his command: He was at the head of armies enured to victory: He was feconded by the moft renowned generals of the age, the earls of Somerfet, Warwic, Salifbury, Suffolk, and Arundel, Sir John Talbot and Sir John Faftolfe: And befides Guienne, the ancient inheritance of England, he was mafter of the capital, and of all the northern provinces, which were beft enabled to furnifh him with fupplies’ both of men and money, and to affift and fupport his Englifh forces. But Charles, notwithftanding the prefent inferiority of his power, poffefled fome advantages, derived partly-from his fituation, partly from his perfonal character, which promifed him fuccefs, and ferved, firft to controul, then to overbalance, the fuperior force and opulence of his enemies. He was the true and undoubted heir of the monarchy: Every Frenchman, who Knew the interefts or defired the independance of his country, turned his eyes towards him as its fole refuge: The exclufion given him, by the imbecillity of his father, and the forced or precipitate confent of the ftates, had plainly no validity: That fpirit of faction, which had blinded the people, could not long hold them in fo grofs a delufion: Their national and inveterate hatred againft the Englifh, the authors of all their miferies, muft foon revive, and give them an indignation at bending their necks under the yoke of that hoftile people: Great nobles and princes, ac- cuftomed to maintain an independance againft their native fovereigns, would ne- - ver endure a fubjection to ftrangers: And tho’ moft of the princes of the blood * Hall, fol, 83. Monftrelet, vol. ii. p. 27. were, a eel Bisex — 4 =” ‘J r ~ ~. ool oe i fT eR fituation are fo frequently expofed. Soak Ge CR iy oe 325 were, fince the fatal battle of Azincour, detained prifoners in England, the in- habitants of their demefnes, their friends, their vaffals, all declared a zealous at- tachment to the King, and exerted themfelves in refifting the violence of foreign invaders. Cuarces himfelf, tho’ only in his twentieth year, was of a character well cal- culated to become the object of thefe benevolent fentiments; and perhaps from the favour, which naturally attends youth, was the more likely, on account of his tender age, to acquire the good-will of his native fubjects. He was a prince of the moft friendly and benign difpofition, of eafy and familiar manners, and of a juft and found, tho’ not a very vigorous, underftanding. Sincere, generous, affable, he engaged from affection the fervices of his followers, even while his low. fortunes might make it their intereft to defert him; and the lenity of his temper could pardon in them thofe fallies of difcontent, to which princes in his indolence ; but amidft all his irregularities the goodnefs of his heart ftill fhone forth ; and by exerting at intervals his courage and activity, he proved, that his. general remiffnefs. proceeded not from the want either of a jutt fpirit of ambition, or of perfonal valour. Tuo’ the virtues of this amiable prince lay fome time in obfcurity, the duk® of Bedford knew, that his title alone made him formidable, and that every fo- reign affiftance would be requifite, ere an Englifh regent could hope to com- plete the conqueft of France;, an enterprize, which, however it might feem to be much advanced, was ftill expofed to many and great difficulties. [he chief. circumftance, which had procured to the Englith all their prefent advantages, was the refentment of the duke of Burgundy againft Charles; and as that prince feemed intent rather on gratifying his paffion than confulting ‘his interefts, it was the more eafy for the regent, by demonftrations of refpeét and confidence, to retain him inthe alliance of England. He bent therefore all his endeavours to that purpofe: He gave the duke every proof of friendfhip and regard: He even proffered him the regency of France, which Philip declined: And that he. might corroborate national connexions by private ties, he concluded his own marriage with the princefs of Burgundy, which had been ftipulated by the treaty of Arras. Beno fenfible, that next to the alliance of Burgundy, the friendfhip of the. duke of Brittany was of the greateft. importance towards forwarding the Englifh conquefts ; and that, as the provinces of France already fubdued, lay between the dominions.of thefe two princes, he could never hope for any fecurity without. preferving. The love of pleafure often fedaced him into. Chap. XX. 1422, Chap. XX. 1423. r7th April, CJ 326 HISTORY or ENGLAND. ~~ felf alfo from that quarter. The duke of Brittany, having received many juft reafons of difpleafure from the minifters of Charles, had already acceded to the treaty of Troye, and had, with other vaflals of the crown, done homage to Hen- ry V. in quality of heir to the kingdom: But as the regent knew, that the duke was much governed by his brother, the count de Richemont, he endeavoured to fix his friendfhip, by paying his court and doing fervices to this haughty and ambitious prince. Artuur, count de Richemont, had been taken prifoner at the battle of Azin- cour, had been treated with great indulgence by the late King, and had even been permitted on his parole to take a journey into Brittany, where the ftate of affairs required his prefence. The death of that victorious monarch happened be- fore Richemont’s return; and this prince pretended, that, as his word was given perfonally to Henry V. he was not bound to fulfil it towards his fon and fucceffor : A chicane, which the regent, as he could not force him to compliance, deemed it prudent to overlook. An interview was fettled at_Amiens between the dukes of Bedford, Burgundy, and Brittany, at which the count de Richemont was alfo prefent +: The alliance was renewed between thefe princes: And the regent perfuaded Philip to give in marriage to Richemont his eldeft fifter, widow of the deceafed Dauphin, Lewis, the elder brother of Charles. Thus Arthur was connected both with the regent and the duke of Burgundy, and feemed engaged by intereft to profecute the fame object, in forwarding the progrefs of the Englifh arms. Wuute the vigilance of the duke of Bedtord was employed in gaining or cone firming thefe allies, whofe neighbourhood rendered them fo important, he did not overlook the ftate of more remote countries. The duke of Albany, regent of Scotland, had died, and his power had devolved to Murdac, his fon, a prince of a weak underftanding and of indolent difpofitions; who, far from poffeffing the talents requifite for the government of that fierce people, was not even able to maintain authority in bis own family, or reftrain the petulance and infolence of his fons, The ardor of the Scots to ferve in France, where Charles treated them with great honour and diftinétion, and where the regent’s brother enjoyed the dignity of conftable, broke out afrefh under this feeble adminiftration: New faccours daily came over, and filled the armies of the French King : The earl of Douglas conduéted a reinforcement of 5000 men to his affiftance. And it was juftly to be dreaded, that the Scots, by commencing open hoftilities in the north, preferving his connexions with them; he was very intent on ftrengthening him- + Hall, fol. 24. Monftrelet, vol. i. p. 4. Stowe, p. 364. would x ae Se, oe é : ee ee a ir — would occafion a diverfion ftill more confiderable of the Englith power, and Chap, XX. would eafe Charles, in part, of that load, by which he was at prefent fo oriev- 1423: oufly oppreffled. The duke of Bedford, therefore, perfuaded the Englith coun- cil to form an alliance with James their prifoner; to free that prince from his long captivity, and to connect him with England, by marrying him to a daughter of the earl of Somerfet and coufin of the young King*. As the Scots regent, tired of his prefent dignity, which he was not able to fupport, was now become en- tirely fincere in his applications for James’s liberty, the treaty was foon con- cluded ; forty thoufand pounds of ranfom were ftipulated +; and the King of Scots was reftored to the throne of his anceftors, and proved, in his fhort reign, one of the moft illuftrious princes, who had ever governed that kingdom. He was murdered in 1437, by his traiterous kinfman the earl of Athole. His affections inclined him to the party of France; but the Englifh had never reafon, during his life-time, to complain of any breach of the neutrality by Scotland. But the regent was not fo employed in thefe political negotiations as to Military ope- neglect the operations of war, from which alone he could hope. to fucceed in Ttions. expelling the French monarch. Tho’ the chief feat of Charles’s power lay in the fouthern provinces, on the other fide of the Loire ; his partizans were poffefled of fome fortreffes in the northern, and even in the neighbourhood of Paris ;-and it behoved the duke of Bedford firft to clear thefe countries of the enemy, before he could think of attempting more diftant conquefts. The caftle of Dorfoy was taken after a fiege of fix weeks: That of Noyelle and the town of Riie in Pi- cardy underwent the fame fate: Pont fur Seine, Vertus, Montaigu were fubjected : by the Englifh arms: And a more confiderable advantage was foon after gained by the united forces of England and Burgundy. John Stuart, conftable of Scot- land, and the lord d’Eftifiac had formed the fiege of Crevant in Burgundy: The earls of Salifbury and Suffolk, with the count de Toulongeon, were fent to its relief: A fierce and well difputed action enfued: The Scots and French were defeated: The conftable of Scotland and the count de Ventadour were taken © prifoners: And above a thoufand men, among whom was Sir William Hamilton, were left on the field of battle $. The taking of Gaillon upon the Seine, and of la Charité upon the Loire was the fruit of this victory: And as this latter place opened an entrance into the fouthern provinces, the acquifition of it appeared on, that account of the greater importance to the- duke of Bedford, and feemed to promife a fuccefsful iffue to the war. | * Hall; fol. 86. Stowe, p. 364. Grafton, p. sor. + Rymer, vol. x. p. 299, 300, 326. t Hall, fol. 85. Monftrelet, vol. ii. p. 8. Holingthed, p. 586. Grafton, p. 5¢o: x HE Chap. XX. 1424. neil. 328 27th of Aug. Battle of Ver- HisSsT ORs of ENGLAND. J Tur more King Charles was threatened with an invafion in thofe provinces which adhered to him, feffion of every fortrefs, The duke of Bedford had befieged the town of Yvri in Normandy; tonger defence, was obliged to capitulate ; if, before a certa conditions, determined to ma with fome difficulty, an army of 14,000 men, and he fent them t of France; who was attended by Alencon, the mareicl Narbonne. When the con that he was come too late, and thatthe p miediately turned to the left, tants, in fpite of the garrifon, returned in fafety, and with the glory of making than the place, which he was fent to relieve: he called a council of war; ana which he fhould follow in this emergence. clared for a retreat; and reprefented, had proceeded. from their rafhn them to rifque a decifive action ; and the only defence of the few provinces which r hither under the com yal de la Fayette, t the more neceflary it became, that he fhould retain pof- which he ftill: held within the quarters of the enemy. in perfon, during the {pace of three months, and the brave governor, unable to make any and he agreed to furrender the town, in term, no relief arrived to him. Charles, informed of thefe ke an attempt for faving the place. He collected, of whom the half were.Scots ; mand of the earl of Buchan, the conftable the earl of Douglas, his countryman, the duke of he count d’Aumale, and the vifcount de (rable arrived within a few leagues of Yvri, he found lace was already furrendered. He im- and fat down before Verneiiil, which the inhabi- delivered up tohim *. Buchan might now have reafon invited him to embrace cautious councils, to return to their fenfe of duty, enemies, who, being united by no common an acquifition no lefs important But hearing of Bedford’s approach, 1 afked their opinions with regard to the conduct The wifer part of the council de- that all the paft misfortunes of the French : efs in giving battle, when no neceffity obliged that this army was the laft refource of the King, emained to him; and that every which left time for his fubjects and gave leifure for difcord to arife among his band of intereft or motive of alliance, could not long perfevere in their animofity againft him. All thefe prudential confiderati tothe enemy, and they refolved to aw Tur numbers were nearly equal in this rencounter; ance of the war had introduced maintain fome appearance of order in fuch and well difputed, and attended with bloodfhe drew up his forces under the of the enemy: But the impati ranks, and obliged the whole line to * Monftrelet, vol, 11. p. 14. walls of Verneuil, ons were overborne by a vain point of honour, not to turn their backs ait the arrival of the duke of Bedford. and as the Jong continu- difcipline, which, however imperfect, fufficed to fmall armies, the battle was fierce d on both fides. The conftable and refolved to abide the attack ence of the vifcount of Narbonne; who broke his follow him in fome hurry and confufion, Grafton, p. 504. was ~ ~ < Ca tt re nt ee oe ® * - “~ ee ml : ‘ie 3 | ——_ " SO a — of Ey iN Vi. 22 QO a was the caufe of the misfortune, which enfued. The Enghih archers, fixing their palifadoes before them, according to their ufual cultom, fent a volley of arrows into the thickeft of the French army; and tho’ beat from their ground, and obliged to take fhelter among the baggage, they foon rallied, and continued te commit great flaughter upon the enemy. The duke of Bedford, mean-while, at the head of the men at arms, made impreffion on the French, broke their ranks, chaced them off the field, and rendered the victory entirely compleat and deci- five*, The conftable himfelf perifhed in battle, the earl of Dovelas and his fon, the counts of Aumale, Tonnerre and Ventadour, with many other confider- able nobility. The duke of Alencon, the marefchal de la Fayette, the lords of Gaucour and Mortemar were taken prifoners. There fell about four thoufand of the French; and fixteen hundred of the Englith; a lofs then efteemed fo unufual oa the fide of the victors, that the duke of Bedford prohibited all rejoicings for his fuccefs. Verneiiil was furrendered next day upon capitulation +, TE condition of the King of France appeared now very terrible, and almoft defperate. He had loft the fower of his army and the braveft of his nobles in this fatal ation: He had no refources for recruiting or fubfifting his troops: He wanted money even for his perfonal fubfiftance ; and tho? all parade of a court was banifhed, it was with difficulty he could keep a table, fupplied with the plaineft neceflaries, for himfelf and his few followers - Every day brought him intelligence of fome lofs or misfortune : Towns, which were bravely defended, were obliged at laft to furrender for want of relief or fupply : He faw his parti- zans entirely chaced from all the provinces which lay north of the Loire: And he expected foon to lofe, by the united efforts of his enemies, all the territories, of which he had hitherto continued mafter; when an accident happened, which faved him on the brink’of ruin, and loft the Englifh fuch an opportunity for com- pleating their conquefts, as they never afterwards were able to recall, JAQUELINE, countefs of Hainault and Fiolland, and heir of thefe provinces, had efpoufed John duke of Brabant, coufin german tothe duke of Burgundy ; but having unhappily made ‘this choice, from the ufual motives of princes, fhe foon found 'reafon to repent her of the unequal alliance. She was a princefs of ama culine {pirit and uncommon underftanding ; the duke of Brabant was of a fickly complexion and weak mind : She was in the vigour of her age ; he had only reached his fifteenth year: Thefe caufes had infpired her with fuch contempt of her huf- band, which foon proceeded to antipathy, that fhe determined’ to break a mare riage, where, it is probable, nothing but the ceremony had as yet intervened. * Hall, fol. 88, 89, go. Monftrelet, vol. ii. p. rs. Stowe, Pp; 395. Holingthed, p. 688. + Monftrelet, vol, ii, Pe 16. Vox. IL, Un The Chan. 142 XX. A a ali Chap. AX. 1424. iF, 330 His TOR & oF ENGLAND. The court of Rome was commonly very open to applications"of this nature, when feconded by power and money ; but as the princefs forefaw great oppofition from her hufband’s relations, and was impatient to effect her purpofe, fhe made her efcape into England, and threw herfelf under the protection of the duke of Glo- cefter. That prince, with many noble qualities, had the defeét of being govern- ed by an impetuous temper and vehement paffions ; and he was rafhly induced, as. well by the charms of the countefs herfelf, as by the profpect of poffeffing her rich inheritance, to offer himfelf to- her as a hufband. Without waiting for a papal difpenfation ; without endeavouring to reconcile the duke of Burgundy to this meafure ; he entered into a contrat of marriage with Jaqueline, and imme- diately attempted to put himfelf in poffeffion of her dominions. Philip was dif- gutted with fo precipitant a conduct : He refented theinjury done to the duke of Brabant his near relation : He dreaded to have the Englith eftablifhed on all fides of him: And he forefaw the confequences, which muft attend the extenfive and uncontrouled dominion of that nation, if, before the full fettlement of their power, they infulted and injured an ally, to whom they had already been fo much in- debted, and who was fo neceflary for fupporting them in their farther progrefs. He encouraged, therefore, the duke of Brabant to make refiftance: He engaged many of Jaqueline’s fubjects to adhere to that prince: He himfelf marched troops to his fupport: And as the duke of Glocefter ftill, perfevered in his purpofe, a fharp war was fuddenly kindled in the Low-Countries.. The quarrel foon be- came perfonal-as well as political. The Englifh prince wrote to the duke of Burgundy, complaining of the oppofition made to his pretenfions ; and tho’ in the main, he employed amicable terms in his letter, he took notice of fome falfe- hoods, into which, he faid, Philip had been betrayed during the courfe of thefe tranfactions. This unguarded expreflion was highly refented: The duke of Burgundy infitied, that he fhould retract it : And mutual challenges and defiances paffed between them on this occafion *. Tur duke of Bedford could eafily forefee the bad effects of fo ill-timed and im- prudent a quarrel. All the fuccours, which he expected from England, and which were fo neceiYary in this critical emergence, were intercepted. by his bro- ther, and employed in Holland and Hainault: The forces of the duke of Bur- gundy, which he alfo depended on, were diverted by the fame wars : And befides this double lofs, he was in eminent danger of alienating for ever that confede- rate, whofe friendthip was of the utmoft importance to his interefts, and whont the Jate King had injoined him, with his dying breath, to oratify by every markof regard and attachment. Heinforced thefe topics to the duke of Glocefter : He en- s * Monflrelet, vol. il. p. 19, 20, 21. deavoured p = serena 7 . tpi | ay ippatinte Tle or ee ee sa PES Me Ro SyO avi. 331 deavoured to mitigate the refentment of the duke-of Burgundy: He interpofed Chap. xx. with his good offices between thefe princes: But he was not fuccefsful in any of = 1424- his endeavours; and he found, that the impetuofity of his brother’s temper was ftill the chief obftacle to all accommodation *. For this reafon, inftead of puth- ing the victory gained at Verneitiil, he found himfelf obliged to take a journey into England, andto try, by his councils and authority, to moderate the mea- fures of the duke of Glocefter. Tere had likewife broke out fome differences among the Englith miniftry, which had proceeded to great extremities, and which required the regent’s prefence to compofe them +. . The bifhop of Winchefter, to whom the care of the King’s perfon and education had been entrufted, was a prelate of great capacity and ex- perience, but of an intriguing and dangerous character ; and as he afpired to the government of affairs, he had continual difputes with his nephew the protector, and he gained frequent advantages over the vehement and impolitical temper of that prince. The doke of Bedford employed the authority of parliament to re- ,, concile them; and thefe rivals were obliged to promife before that affembly, that they would bury all quarrels in oblivion {. Time alfo feemed to open expedi- ents for compofing the difference with the duke of Burgundy. The credit of that prince had procured a bull from the Pope ; by which not only Jaqueline’, contract with the duke of Glocefter was annulled ; but it was alfo declared, that even inthe cafe of the duke of Brabant’s death, it fhould never be lawful for her to efpoufe the Englifh prince. Humphrey, defpairing of fuccefs, married another lady of inferior rank, who had lived fome time with him, as his miftrefs §. The duke of Brabant died; and his widow, before fhe could recover poffeffion of her dominions, was obliged .to declare the duke of Burgundy her heir, in cafe fhe died without children, and to promife never to marry any. perfon without his confent. But tho’ the affair was thus terminated to the advantage of Philip, it left a difagreeable impreffion on his mind: It excited an extreme jealoufy. of the Englifh, and opened his eyes to his true interefts : And as nothing but his animo- fity againft Charles had engaged him in alliance with them, it counterbalanced that paffion by another of the fame kind, which in the end became prevalent, and brought him back, by degrees, to his natural connexions with his family and his native country. | Avour the fame time, the duke of Brittany began to withdraw himfelf from the Englifh alliance. . His brother, the count de Richemont, tho’ connected by rn Wf & _ * Monftrelet, p.18. + Stowe, p. 368. Holingfhed, p. 590. + Hall, fol. 98, 99. Holingfhed, p. 593, 594. Polydore Virgil, p. 466. Grafton, p. 512. $19. § Stowe, p. 367. Uu 2 marriage Chap. XA. 1425. 34.26. ty 332 HISTORY or ENGLAND. marriage with the dukes of Burgundy and Bedford, was extremely attached by ‘nclination to the French iotereft; and he willingly hearkened to all the advances which Charles made him for obtaining his friendfhip. The high office of con- ftable, vacant by the earl of Buchan’s death, was offered him ; and as his mar- tial and ambitious temper afpired to. the command of armies, which he had in vain attempted to obtain from the duke of Bedford, he not only accepted that truft, but brought over his brother to an alliance with the French monarch. The new conftable, having made this one change in his meafures, firmly adhered ever after to his engagements with France. Tho’ his pride and violence, which would admit of no rival in his mafter’s confidence, and even prompted him to affaffinate the other favourites, had fo much difgufted Charles, that he once banifhed him the court, and refufed to admit him to his prefence, he fill aéted with vigour for the fervice of that monarch, and obtained at laft, by his perfeverance, the pardon of all his paft offences. Iw this fituation, the duke of Bedford, on his return, found the affairs of France, after pafling eight months in England. The duke of Burgundy was much dil- cufted. The duke of Brittany had entered into engagements with Charles, and had done homage to that prince for his dutchy. The French had been allowed to recover from the aftonifhment, into which their frequent difafters had thrown them. An incident even’ happened, which ferved extremely to raife their cou- rage. The earl of Warwic had befieged Montargis with a fmall army of 3000 men; and the place was reduced to extremity, when the baftard of Orleans un- dertook to throw relief into it. This general, who was natural fon to the prince affafinated by the duke of Burgundy, and who was afterwards created count de Dunois, conducted a body of 1600 men to Montargis; and made an _ attack on the enemy’s trenches with fo much valour, prudence, and good fortune, that he not only penetrated into the place, but gave a fevere blow to the. Englith, and obliged Warwic to raife the fiege*. ‘This was the firft fignal action, which raifed the fame of Dunois, and opened him the road to all thofe great honours, which he afterwards attained. Bur the regent, foon after his arrival, revived the credit of the Englifh arms, by an important enterprize, which he happily atchieved. He fecretly brought together, in feparate detachments, a confiderable army to the frontiers of Brittany ; and fell fo unexpectedly upon that province, that the duke, unable to make re- fiftance, yielded to-all theterms required of him: He renounced the French alt liance ; he engaged to maintain the treaty of Troye; he acknowledged the duke * Monftrelet, vol. ii. p. 32, 33. Holingfhied, p. 597.. of 7 = —, ~ —-* hae’ ~ 5 puslae= See “sae ee —— — = ly Pee? aya. Gees Stee ¢ VI. 279 ho Pe | of Bedford for regent of France; and promifed to do homage for his dutchy to Chav. XX. King Henry *. And the Englith prince, having thus freed himfelf from a dan- gerous enemy who lay behind him, refolved on an undertaking, which, if duc- cefsful, would, he hoped, caft the-balance between the two nations, and prepare the way for the final conqueft of France, Tse city of Orleans was fo fituated between the provinces commanded by : (oF L420, 1428. Flenry, and thofe poffeffed by Charles, that it opened an eafy entrance to either ; biege of OF i€ans, and as the duke of Bedford intended to make a great effort to penetrate into the fouth of France, it behoved him to begin with this place, which, in the prefent circumftances, was become the moft important in the kingdom. He committed the conduct of the enterprize to the earl of Salifbury, who had newly brought him over a re-inforcement of 6000 men from England, and who had much di- {tinguifhed himfelf, by his abilities, during the courfe of the prefent wars. Sa- lifbury, paffing the Loire, made himfelf matter of feveral {mall places, which {urrounded Orleans on that fide +; and as his intentions were thereby known, the French King ufed every expedient to fupply the city with a. garrifon and pro- vifions, and enable it to maintain a Jong and obftinate fiege. The lord of Gaucour, a brave and experienced captain, was appointed governor: Many officers of dif- tinction threw themfelves into the place: The troops, which they conducted, were enured to war, and were determined to make the moft obftinate refiftance : And even the inhabitants, difciplined by the long continuance of hottilities, were well qualified, in their own defence, to fecond the efforts of the moft veteran forces. The eyes of all Europe were turned towards this fcene ; where, it was reafonably fuppofed, the French were to make their laft ftand for maintaining the indepen- dance of their monarchy, and the rights of their fovereign. Tae earl of Salifbury at laft approached the place with an army, which confifted only of 10,000 men; and not being able, with fo {mall a force, to inveft fo creat a city, that commanded a bridge over the Loire, he ftationed himfelfon the fouthern fide towards Sologne, leaving the other, towards the Beauffe, ftill open to. the enemy. He there attacked the fortifications, which guarded the entry to the bridge ; and after an obftinate refiftance, he carried feveral of them : But was himfelf killed by acannon ball as he was taking a view of the enemy {. The earl of Suffolk fucceeded to the commands and being re-inforced with great numbers of Englifh and Burgundians, he paffed the river with the main body of his ar- my, and inveited Orleans on the other fide. As it was now the depth of winter, * Monftrelet, vol.ii. p. 33, 36 + Monftrelet, vol. ii. p. 38, 39. Polyd. Virg.. p. 468. { Hall, fol. 105. Monftrelet, vol. ii. p 39. Stowe, p. 369. Holingthed, p. 599. Grafton, p. ger; Suffolk,, ye ie, 334 HISTORY or ENGLAND. Suffolk, who found it difficult, in that feafon, to throw up intrenchments all around, contented himfelf, for the prefenr, with erecting redoubts at different diftances, where his men were lodged in fafety, and were ready to intercept the fupplies, which the enemy might attempt to throw into the place. Tho’ he had feveral oieces of artillery in his camp, (and this is the firft fiege in Europe, where cannon were found to be of importance) the art of engineering was hitherto fo imperfect, chat Suffolk trufted more to famine than force for fubduing the city; and he pro- pofed in the {pring to render the circumvallation more compleat, by drawing in- frenchments from one redoubt to another. Numberlefs feats of valour were per- formed both by the befiegers and befieged during this winter : Bold fallies were — made, and repulfed with equal boldnefs ; Convoys were fometimes introduced and often intercepted: The fupplies were (till unequal to the confumption of the place : And the Englifh feemed daily, tho’ lowly, to be advancing towards the comple- tion of their enterprize. But while they lay in this fituation, the F rench parties ravaged all the country around ; and the befiegers, who were obliged to draw their provifions from a dif- tance, were themfelves expofed to the danger of want and famine. Sir John Faftolffe, was bringing up a large convoy, of every kind of ftores, which he ef- corted with a detachment of 2,500 men; when he was attacked by abody of 4000 French, under the command of the counts of Clermont and Dunois. Faftolffe drew up behind his waggons 5 but the French generals, cautious of attacking him in that pofture, planted a battery of cannon againft him, which threw every thing ‘nto confufion, and would have enfured them the victory ; had not the impatience of fome Scots troops, who broke the line of battle, brought on an engagement, in which Faftolffe was victorious. The count de Dunois was wounded; and above 5co French were lefe on the field of battle. This action, which was of great importance in the prefent conjuncture, was commonly called the battle of Herrings, becaufe the convoy brought a great quantity of that kind of provifions, for the ufe of the Englifh army during the Lent feafon *. Cuarirs feemed now to have but one expedient for faving this city, which had been fo long invefted. The duke of Orleans, who was ftill prifoner in England, prevailed on the protector and the council to confent, that all his demefnes fhould be allowed to preferve a neutrality during the war, and fhould be {e- queftered, for greater fecurity, into the hands of the duke of Burgundy. Tats * Hall, fol.105. Monftrelet, vol. i’, p. 41,42. Stowe, Pp. 369. Holingthed, p.600. Polyd. Virg. p. 499. Grafton, Pp. §32. — at prince, ‘ —_-~ . : Nas a eK OTE allies = > eee a ek - ay Co car r - . ~ ages 2G Se i> H E N IN L V i 335 prince, who was much lefs cordial in the Englith interefts than formerly, went to Paris, and made the propofal to the duke of Bedford; but the regent replied very coldly, that he was'not of a humour to beat the bufhes, while others ran away with the game: An anfwer, which fo much di'gufted the duke, that he re- called all the troops of Burgundy, that aéted in the fiege *. The place, how- ever, was every day more and more clofely invefted by the Englifh: Great fcar- city began already to be felt by the garrifon and inhabitants: Charles, in defpair of collecting an army, which fhould dare to approach the enemy’s entrenchments, not only gave the city for loft, but began to entertain a very difmal profpect with regard to the general ftate of his affairs, He faw that the country, in which he had hitherto, with great difficulty, fubfifted, would be laid entirely open to the invafion of a powerful and victorious enemy ; and he talked already of retiring with the remains of his forces into Languedoc and Dauphiny, and of defending himfelf as long as poffible in thofe diftant provinces. But it was fortunate for this good prince, that he lay under the dominion of women; and that the women, whom he confulted, had the fpirit to fupport his finking refolutions in this defpe- rate extremity. Mary of Anjou, his Queen, a princefs of great merit and pru- dence, vehemently oppofed this meafure, which,. the forefaw, would difcourage all his partizans, and ferve asa general fignal for deferting a prince, who feemed himfelf to defpair of fuccefs. His miftrefs too, the fair Agnes Sorel, who lived in entire amity with the Queen, feconded all her remonftrances, and threatened, that, if he thus pufillanimoufly threw away the fcepter of France, the would feck in the court of England a fortune more correfpondent to her withes. Love was able to rouze in the breaft of Charles tiat courage, which ambition had failed to excite: He refolved to difpute every inch of ground with an imperious enemy ; and rather to perifh with honour in the midft of his friends than yield inglorioufly to his bad fortune: When relief was unexpectedly brought him by another female of a very different character, who gave rife to one of the motft fingular revolutions, that is to be met with in hiftory. In the village of Domremi near Vaucouleurs, on the borders of Lorrai Chap. XX. 1429. reS The maid of there lived a country girl of twenty-feven years of age, called Joan d’Arc, who Orleans. was fervant in a fmall inn, and who in that ftation had been accuftomed to tend the horfes of the guefts, to ride them without a faddle to the watering-place, and to perform other offices, which, in well-frequented inns, commonly fall to the Share of the men fervants ++. This girl-was-of-an irreproachable life, and had * Hall, fol. 106, .Monftrelet, vol. ii. p. 42. Stowe, p. 369. Grafton, p33. + Hall, fol.io7, Monftrelet, vol. ii. p.42z, Grafcon, P. $343 1429. Chap, XX. iF, 236 HISTORY or ENGLAND. not hitherto been remarked for any fingularity; whether that fhe had met with no occafion to excite her genius, or that the unfkilful eyes of thofe, who con- verfed with her, had not been able to difcern her uncommon merit. It is eafy to imagine, that the prefent fituation of France was an interefting object even to per- fons of the loweft rank, and would become the frequent fubject of their converfa- tion: A young prince, expelled his native throne, by the fedition of fubjects and by the arms of ftrangers, could not fail to move the compaffion of all his people, whofe hearts were uncorrupted by faction ,; and the peculiar character of Charles, fo flrongly inclined to friendfhip and the tender paffions, naturally rendered him the hero of that fex, whofe generous minds know no bounds in their affections. The fiege of Orleans, the progrefs of the Englifh before that place, the great dif- trefs of the garrifon and inhabitants, the importance of faving the city and its, brave defenders, had turned thither the eyes of all the world; and Joan, inflam- ed by the general fentiment, was feized with a wild defire a bringing relief to her fovereign in his prefent diftreffes. Her unexperienced mind, ‘porkite day and night on this favourite object, miftook the impulfes of her paffion forvheavenly infpirations ; and fhe fancied, that fhe faw vifions and heard voices, exhorting her to re-eftablifh the throne of France, and to expel the foreign invaders. An uncommon intrepidity of temper made her overlook all the dangers, which might attend her in fuch a path ; and thinking herfelf deftined by heaven to this office, fhe threw afide that bafhfulnefs and timidity, which would naturally adhere to her fex, her years, and her low ftation. . She went to Vaucouleurs; procured admif- fion to Baudricourt, the governor; informed him of her infpirations and inten- tions; and conjured him not to neglect the voice of God, who fpoke through her, but to fecond thole heavenly revelations, which impelled her to this glorious enterprize. Baudricourt treated her at firft with fome neglect; but on her fre- quent returns to him, and importunate folicitations, he began to remark fome- thing extraordinary in the maid, and was inclined, at all hazards, to make fo eafy an experiment. It is uncertain, whether this gentleman had difcernment enough to perceive, that great ufe might be made with the vulgar of fo uncommon an engine; or, what is more likely in that credulous age, was himfelf a convert to this vifienary : But he adopted at laft the fcheme of Joan; and he gave her fome attendants, who conducted her. to the French court, which at that time refided at Chinon. Ir is the bufinefs of hiftory to diftinguifh between the miraculous and the marvellous ; to rejeét the firft in all narrations merely profane and hurnan; to fcruple the fecond; and when obliged by undoubted teltimony, as in the prefent cafe, to admit of fomething extraordinary, to receive as little of it as is con- fifteng ah ee ee ee a . - o A hl a Meo Re Ye Sa 5 / fiftent with the known faéts and circumftances. It js pretended, that Joan, im- mediately on her admiffion, knew the King, tho’ fhe had never feen his face be- fore, and tho’ he purpofely kept himfelf in the crowd -of courtiers, and had laid afide every thing in his drefs and apparel, which might diftinguifh him : That the offered him, in the name of the Supreme Creator, to raife the hiege of Orleans, and conduét him to Rheims to be there crowned and anointed ; and on his exprefling fome doubts of her miffion, revealed to him, before fome fworn confidents, a fecret, which was unknown to all the world but himfelf, and which nothing but a heavenly infpiration could difcover to her: And that the demanded, as the inftrument of her future victories, a particular fword, which was kept in the church of St. Catherine de Fierbois, and which, tho’ fhe had never feen it, fhe defcribed by all its marks, and by the place in which it had long been laid and neglected *. This is certain, that all thefe miraculous ftories were {pread abroad, in order to catch the vulgar. ‘The more the King and his minifters were determined to give into the illufion, the more {cruples they pre- tended. An affembly of grave doétors and theologians cautioufly examined Joan’s miffion, and pronounced it undoubted and fupernatural, She was fent to the parliament, then refiding at Poitiers ; and was interrogated before that af- fembly : The prefidents, the counfellors, who came perfuaded of her impofture, went away convinced of her infpiration. A ray of hope began to break thro’ that defpair, in which the minds of all men were before enveloped. Heaven had now declared itfelf in favour of France, and had laid bare its out-ftretched arm to take vengeance on her invaders. Few could diftinguith between the impulfe of inclination aad the force of conviction; and none would fubmit to the trouble of fo difagreeable a ferutiny. | ArteER thefe artifical precautions and preparations had been for fome time employed, Joan’s requefts were at laft complied with: She was armed cap-apee, mounted on horfeback, and fhown in that martial habilement before the whole people. Her dexterity in managing her fteed, tho’ acquired in her former oc- cupation, was regarded as a new proof of her miffion; and fhe was received with the loudeft acclamations by the fpectators. Her former occupation was even denied: She was no longer the fervant of an inn: She was converted into a fhepherdefs, an employment much more agreeable to the imagination. To ren- der her ftill more interefting, near ten years were fubftraéted from her ace; and all the fentiments of love and of chivalry, were thus united to thofe of enthu- fiafm, in order to inflame the fond fancy of the people with prepofieffions in her favour. * Hall, fol. 107. Hollingfhed, p. 600. Vou. I, ox WHEN zgth April. ath May. cy 338 HISTORY or ENGLAND. Wuen the engine was thus dreffed up in full fplendor, it was time to eflay its force againft the enemy, Joan was fent to Blois, where a large convoy was prepared for the fupply of Orleans, and an army of ten thoufand men, under the command of St. Severe, affembled to efcort it. She ordered all the foldiers to confefs themfelves before they fet out on the enterprize: She banifhed from the camp all women of bad fame: She difplayed in her hands a confecrated ban- ner; where the Supreme Being was reprefented, grafping the globe of earth, and farrounded with Flower de Luces. And the infifted, in right of her prophetic miffion, that the convoy fhould enter Orleans, by the direé&t road from the fide of Beauffe; but the count de Dunois, unwilling to fubmit the rules of the mili- tary art to her infpirations, ordered it to approach by the other fide of the river, where, he knew, the weakeft part of the Englifh army was ftationed. Previous to this attempt, the Maid had wrote to the regent and to the Eng- lifh generals before Orleans, commanding them, in the name of the omnipotent Creator, by whom fhe was commiffioned, immediately to raife the fiege and to evacuate France; and menacing them with divine vengeance in cafe of their dif- obedience. All the Englifh affected to fpeak with derifion of the Maid and of her heavenly commiffion ; and faid, that the French King was now indeed re- duced to a forry pafs, when he had recourfe to fuch ridiculous expedients: But they felt their imagination fecretly ftruck with the vehement perfuafion, which prevailed in all around them ; and they waited with an anxious expectation, not unmixed with horror, for the iffue of thefe extraordinary preparations. As the convoy approached the river, a fally was made by the garrifon on the fide of Beauffe, to prevent the Englith general from fending any detachment to the other fide: The: provifions were peaceably embarked in boats, which the ‘nhabitants of Orleans had fent to receive them: The Maid covered with her troops the embarkation: Suffolk ventured not to attack her: And the French general carried back the army in fafety to Blois; an alteration of affairs, which was already viible to all the world, and which had a proportional effect on the minds of both parties. Tue Maid entered the town of Orleans, arrayed in her military garb, and difplaying her confecrated ftandard; and was received, as a celeftial deliverer, by all the inhabitants. They now believed themfelyes invincible under her facred influence ; and Dunois himfelf, perceiving fuch a mighty alteration both in friends and foes, confented, that the next convoy, which was expected in a few days, fhould enter by the fide of Beaufle. ‘he convoy approached : No. fign of refiftance appeared in the befiegers: The waggons and troops pafled without oe Sauna Siac’ Uiedbees ona oe a a ce NR RY VI. 339 without interruption between the redoubts of the Enelith: A dead filence and aftonifhment reigned among thofe troops, formerly fo elated with victory, and fo fierce for the combat. Tue earl of Suffolk was in a fituation very unufual and extraordinary ; and which might well confound the man of the greateft capacity and firmeft temper. Fle faw his troops overawed, and ftrongly impreffed with the idea of a divine in- fluence, accompanying the Maid. Inftead of banifhing thefe vain terrors by hurry and action and war, he waited till the foldiers fhould recover from the pa- nic; and he thereby gave leifure for thefe prepoffeffions to fink {till deeper into their minds. The military maxims, which are prudent in common cafes, déceiv- ed him in thefe unaccountable events. The Englifh felt their courage daunted and overwhelmed ; and thence inferred a divine vengeance hanging over them: The French drew the fame inference from an inaétivity fo new and unexpected. Every circumftance was now reverfed in the opinions of men, on which all de- pends: The fpirit, refulting from a long courfe of uninterrupted fuccefs, was on a fudden transferred from the viors to the vanquifhed. Tue Maid called aloud, that the garrifon fhould remain no longer on the de- fenfive ; and fhe promifed her followers the affiftance of heaven in attacking thofe redoubts of the enemy, which had fo long kept them in awe, and which they had never hitherto dared to infult. The generals feconded her ardour: An attack was made on one redoubt, and it proved fuccefsful *: All the Englith, who de- fended the entrenchments, were put to the fword or taken prifoners: And Sir John Talbot himfelf, who had drawn together, from the other redoubts, fome troops to bring them relicf, dared not to appear in the open field againft fo for- midable an enemy. Noruinec feemed impoffible after this fuccefs to the Maid and her enthufiaftic votaries. She urged the generals to attack the main body of the E:nglifh in theif entrenchments: But Dunois, ftill unwilling to hazard the fate of France by too great temerity, and fenfible that the leaft reverfe of fortune would make all the prefent vifions evaporate, and reftore every thing to its former condition, checked her vehemence, and propofed to her, firft to expel the enemy from their forts on the other fide of the river, and thus lay the communication with the country entirely open, before fhe attempted any more hazardous enterprize. Joan was perfuaded, and thefe forts were vigoroufly affailed. In one attack the French were repulfed; the Maid was left almoft alone; the was obliged to retreat, and join the runaways; but difplaying her facred ftandard, and animating them * Monftrelet, vol. ii. p. 45. mm X 2 with Chap. XX, 1429. The fiege of Orleans rai{- ed. 8th May. cS, 240 HISTORY or ENGLAND. with her countenance, her geftures, her exhortations, fhe led them back to the charge, and overpowered the Englifh in their entrenchments. In the attack of another fort, fhe was wounded in the neck with an arrow; fhe retreated a mo- ment behind the affailants; fhe pulled out the arrow with her own hands; fhe had the wound quickly dreffed; and fhe haftened back to head the troops, and to plant her victorious banner on the ramparts of the enemy. By all thefe fuccefles, the Englith were entirely chaced from their forti- fications on that fide: They had loft above fix thoufand men in thefe different actions ; and what was ftill more important, their wonted courage and confi- dence was wholly gone, and had given place to amazement and defpair. The Maid returned triumphant over the bridge, and was again received as the guar- dian angel of the city. After performing fuch miracles, fhe convinced the moft obdurate incredulity of her divine miffion: Men felt themfelves animated as by a fuperior energy, and thought nothing impoffible to that divine hand, which fo vifibly conducted them. It was in vain even for the Englifh generals to oppofe with their foldiers the prevailing opinion of fupernatural influeace: They them- felves were probably moved by the fame belief: Fhe utmoft they dared. to ad- vance, was, that Joan was not an inftrument of God; fhe was only the imple- ment of the Devil: But as the Englifh had felt, to their fad experience, that the Devil might be allowed fometimes to prevail, they derived not much confo- lation from the enforcing of this opinion, Ir might prove extremely dangerous for Suffolk, with fuch intimidated troops, to remain any longer in the prefence of fuch a courageous and victorious enemy ; and he therefore raifed the fiege, and retreated with all the precautions ima- ginable. The French refolved to puth their conquefts, and to allow the Eng- lith no leifure to recover from their confternation. Charles formed a body of fix thoufand men, and fent them to.attack Jergeau, whither Suffolk had retired with a detachment of his army. The fiege lafted ten days; and the place was obftinately defended. Joan difplayed her wonted intrepidity on this occafion. She defcended into the foffee, in leading the attack ; and fhe there received a blow on the head with a ftone, by which fhe was confounded and. beat to the eround: But fhe foon recovered herfelf, and in the end rendered the affault fuccefsful : Suffolk was obliged to yield himfelf prifoner to a Frenchman called Renaud; but before he fubmitted, he afked his adverfary, whether he was a gen- tleman. On receiving a fatisfattory an{wer, he demanded, whether he was a knight. Renaud replied, that he had not yet attained that honour. Then I make you one, replied Suffolk: Upon which, he gave him the blow with his {word, 5 at ee ee ee ee ee . _ | : : | eae - Sage. See ct ton red Pm rena, 2 my ae “ —— tiie? - . aed eh ae Hon Noky ee Wy 341 fword, which dubbed him into that fraternity ; and he immediately furrendered himfelf his prifoner. Tue remainder of the Englith army was commanded by Faftolfe, Scales and Talbot, who thought of nothing but of making theif retreat, as foon as poffible, into a place of fafety; while the French efteemed the overtaking them equivalent to a victory. So much had the events, which paffed before Orleans, altered every thing between the two nations! The vanguard of the French under Xain- trailles attacked the rear of the enemy at the village of Patay. The battle lafted not a moment: The Englifh were difcomfited and fled: The brave Faftolfe him- felf fhowed the example of flight to his troops ; and the order of the garter was taken from him, as a punifhment for this inftance of cowardice *. Two thou- {and men were killed in this ation; and both Talbot and Scales taken prifoners. In the account of all thefe fuccefles, the French writers, to magnify the won- der, reprefent the Maid (who was now known by the appellation of the Maid of Orleans) as not only active in the combats, but as performing the office of gene- ral; directing the troops, conduéting the military operations, and fwaying the deliberations in all councils of war, It is certain, that the policy of the French court endeavoured to maintain this appearance with the public: But it is much more probable, that Dunois and the wifer commanders prompted her in all her meafures, than that a country girl, without experience or education, could, on a fudden, become expert in a profeffion, which requires more genius and capa- city, than any other active fcene of life. It is fufficient praife, that fhe could ciftinguifh the perfons on whofe judgment the might rely ; that fhe could feize their hints and fuggeftions, and, ona fudden, deliver their opinion as her own; and that fhe could curb, on occafion, that vifionary and enthufiattic fpirit, with which fhe was undoubtedly actuated, and could temper it with prudence and difcretion. Tue railing of the fiege of Orleans was one part of the Maid’s promife to Charles: The crowning him at Rheims was the other: And fhe now infifted vehemently, that he fhould forthwith fer out on that enterprize. A few weeks before, fuch a propofal would have appeared the moft extravagant in the world, Rheims lay in a diftant quarter of the kingdom; was then in the hands of a victorious enemy; the whole road, which led to it, was occupied by their gar- rilons ; and no imagination could be fo fanguine as to think, that fuch an at- tempt could fo fooncome within the bounds of poffibility.. But as it was ex= * Monftrelet, vol. ii. p. 46, tremely Chap. XX: 1429. 18th June, Chap. XX. 1429. The King of Francecrown- ed at Rheims. 7th July. Gy 342 HISTORY or ENGLAN D. tremely the intereft of Charles to maintain the belief of fomething extraordinary and divine in thefe events, and to avail himfelf of the prefent confternation of the Englith ; he refolved to follow the exhortations of his warlike prophetefs, and to lead his army upon this promifing adventure. Hitherto, he had kept emote from the {cene of war: As the fafety of the ftate depended entirely upon his perfon, he had been perfuaded to reftrain his military ardour: But obferv- ing this profperous turn of affairs, he now determined to appear at the head of his armies, and to fet the example of valour to all his foldiers. And the French nobility faw at once their young fovereign affuming a new and more brilliant character, feconded by fortune, and conducted by the hand of heaven; and they caught frefh zeal to exert themfelves in replacing him on the throne of his an- ceftors. Cuar.es fet out for Rheims at the head of twelve thoufand men: He pafled by Troye, which opened its gates to him: Chalons imitated the example: Rheims fent him a deputation with its keys, before his approach to it: And he fcarce per- ceived, as he pafled along, that he was marching thro’ an enemy’s country- The ceremony of his coronation was here performed * with the holy oil, which a pigeon had brought to King Clovis from heaven on the firft eftablifhment of the French monarchy: The Maid of Orleans {tood by his fide, in compleat armour, and difplaying her facred banner, which had fo often diffipated and confounded his Gerceft enemies: And the people fhouted with the moft unfeigned joy, on viewing fuch a complication of wonders. After the completion of the ceremony, the Maid threw herfelf at the King’s feet, embraced his knees, and with a flood of tears, which pleafure and tendernefs extorted from her, fhe congratulated him on this fingular and marvellous event, Cuarwes, thus crowned and anointed, became more venerable in the eyes of all his fubjeéts, and feemed, in a manner, to receive anew, from a heavenly commifion, his title to their allegiance. The inclinations of men {waying their belief, no one doubted of the infpirations and prophetic fpirit of the Maid : So many incidents, which paffed all human comprehenfion, left little room to queftion a fuperior influence: And the real and undoubted facts gave credit to every ex- apeeration, which could fcarce be rendered more wonderful. Laon, -Soiffons, Chateau-Thierri, Provins, and many other towns and fortreffes in that neigh- bourhood, immediately after Charles’s coronation, fubmitted to him on the firft fammons ; and the whole nation was difpofed to give him the moft zealous tefti- monies of their duty and affection. * Monftrelet, vol. ii. p. 48. NoTHING - ee ee ee : as ere tetas eal ae — —— aE: NOR yy VI. 343 Nortuine can imprefs us with a higher idea of the wifdom, addrefs, and re- Chap. XX, folution of the duke of Bedford, than his being able to maintain himfelf in. fo Beedeate ok perilous a fituation, and to preferve fome footing in France, after the defe@tion of the dal. of fo many places, and amidft the univerfal inclination of the reft to imitate paag elord. contagious example. This prince feemed prefent every where by his vigilance and forefight : He employed each refource, which fortune had yet left him: He held all the Englith garrifons in a pofture of defence: He kept a watchful eye Over every attempt among the French towards an infurreétion: He retained the Parifians in obedience, by employing alternately carefles and feverity : And know- ing that the duke of Burgundy was already wavering in his fidelity, he aéted with fo much {kill and prudence, as to renew, in this dangerous crifis, an al- liance, which was fo important to the credit and fupport of the Englifh govern- ment. Tue {mall fupplies which he received from England fet the talents of this great man in ftill a ftronger light. The ardour of the Englith for foreign conquetts was now extremely abated by time and reflection: The parliament feems even to have become fenfible of the danger, which might attend their farther progrefs : No fupply of money could be obtained by the regent during the greateft dif- trefles ; and men inlifted flowly under his ftandard, or foon deferted, by reafon of the wonderful accounts, which had reached England, of the magic, and for- cery and diabolical power of the Maid of Orleans *. It happened fortunately, in this emergency, that the bifhop of Winchefter, now created a cardinal, landed at Calais with a body of sooo men, which -he was conducting into Bohemia, on a crufade againft the Huffites. He was perfuaded. to lend thefe troops to his nephew during the prefent difficulties + ; and the regent was thereby enabled to take the field, and to oppofe the French King, who was advancing with his army to the gates of Paris. Tne extraordinary capacity of the duke of Bedford appeared alfo in his military Operations, He attempted to reftore the courage of his troops by boldly advanc- ing to the face of the enemy ; but he chofe his pofts with fo much caution, as al- ways to decline a combat, and to render it impoffible for Charles to attack hime Fe {till attended that prince in all his movements; covered his own towns and garrifons; and kept himfelf in a pofture to reap advantage from every impru- dence or falfe ftep of the enemy. The French army, which confifted moftly of volunteers, who ferved at their own expence, foon after retired and was dif folved: Charles went to Bourges, the ordinary place of his refidence ; but not * Rymer, vol. x. p.459, 472. + Rymer, vol. x. p. 421. eit Chap. XX. Wo wt 1429. 1430. th May. CF, 344. Hits TOK XT oF ENGLAND. till he had made himfelf mafter of Compiegne, Beauvais; Senlis, Sens, Laval, Lagni, St. Denis, and of many places in.the neighbourhood of Paris, which the affections of the people had put into his hands. Tue regent endeavoured to revive the declining ftate of his affairs, by bring- ing over the young King of England, and having him crowned and acknow- ledged King of France at Paris*. All the vaflals of the crown, who lived with- in the provinces poffeffed by the Englith, fwore anew allegiance and did ho- ‘mage to him. But this ceremony was cold and infipid in comparifon of the eclat which had attended the coronation of Charles at Rheims; and the duke of Bed- ford expected more effe& from an accident, which put into his hands the perfon;, who had been the author of all his calamities. Tur Maid of Orleans, after the coronation of Charles, declared to the count de Dunois, that her wifhes were now fatisfied, and that fhe had no farther de- Gre than to return to her former condition, and to the occupations and courfe of life, which became her fex: But that nobleman, fenfible of the mighty advan- tages, which might ftill be reaped from her prefence in the army, exhorted her to perfevere, till, by the final expulfion of the Englifh, fhe had brought all her pro- phecies to their full completion. In purfuance of this advice, fhe threw herfelf ‘nto the town of Compiegne, which was at that time befieged by the duke of Burgundy, affifted by the earls of Arundel and Suffolk; and the garrifon on her appearance believed themfelves thenceforth invincible. But their joy was of fhore duration. The Maid, next day after her arrival, headed a fally upon the quar- ters of John de Luxembourg ; fhe twice drove the enemy from their intrench- ments; finding their numbers to encreafe every moment, fhe ordered a retreat ; when hard prefied by the purfuers, fhe turned upon them, and -made them again recoil ; but being here deferted by her friends, and furrounded by the enemy, the was at laft, after exerting the utmoft valour, taken prifoner by the Burgun- dians +. The common opinion was, that the French officers, finding the merit of every victory afcribed to her, had, in envy to her renown, by which they themfelves were fo much eclipfed, willingly expofed her to this fatal accident, Tue envy of her friends on this occafion was not a greater proof of her merit than the triumph of her enemies. A complete victory would not have given more joy to the Englifh and their partizans. The fervice of te Deum, which has fo often, been prophaned by princes, was publickly celebrated on this fortunate event at Paris. ‘The duke of Bedford fancied, that, by the captivity of that ex- * Rymer, vol. x. p. 432. + Stowe, p. 371. traor- et ee aan) ‘ Aaa ‘ a Nec ey = in — aS MB OW: Boag ry Vi. 345 traordinary woman, who had blafted all his fucceffles, he would again recover his former afcendant over France; and to pufh farther the prefent advantage, he pur- chafed the captive from John de Luxembourg, and formed a profecution againft her, which, whether it proceeded from vengeance or policy, was equally barba- rous, and difhonourable. THERE was no poffible reafon, why Joan fhould not be regarded as a prifo- ner of war, and be entitled to all the courtely and good ufage, which civilized nations practife towards enemies on thefe occafions. She had never, in her milij- tary capacity, forfeited, by any act of treachery or cruelty, her claim to that treatment: She was unftained with any civil crime : Even the virtues and the very decorums of her fex had ever been rigidly obferved by her *: And tho’ her ap- pearing in war, and leading armies to battle, may feem an exception, fhe had thereby performed fuch fignal fervice to her prince, that fhe had abundantly com- penfated for this irregularity ; and was even, on that very account, the more an object of praife and admiration. It was necefflary, therefore, for the duke of Bedford to intereft religion fome way in the profecution ; and to cover under that cloak his flagrant violation of juftice and humanity. Tue bifhop of Beauvais, a man wholly devoted to the Englifh intereft, pre~ {ented a petition againft Joan, on pretence that fhe was taken within the bounds of his diocefe, and he defired to have her tried by an ecclefiaftical court for for- cery, impiety, idolatry and magic: The univerfity of Paris was fo mean as to join in the fame requeft: Several prelates, among whom the cardinal of Winche- {ter was the only Englifhman, were appointed her judges: They held their court in Rotien, where the young King of England then refided : And the maid, cloath- ed in her former military apparel, but loaded with irons, was produced before this tribunal. SuE firft defired to be eafed of her chains: Her judges anfwered that the had once already attempted an efcape by throwing herfelf from a tower: She confef- fed the fact, maintained the juftice of her intention, and owned, that, if fhe could, fhe would ftill execute that purpofe. All her other {peeches fhowed the fame firmnefs and intrepidity : Tho’ harrafled with interrogatories, during near the * We learn from her trial in Pafquier, that when accufed of having put to death Franquet d’Arras her prifoner, fhe juftified herfelf by faying, that he was a known robber, and lay under fentence of death by a civil magiftrate. She was fo careful of obferving decorums, that, when fhe was in any town or garrifon, fhe always went to bed with fome women of charaéter in the place: When in the camp, fhe lay in armour, and always had one of her brothers on each fide of her. The Englifh never reproached her with any thing in regard to her morals. Vox. II, Yy courfe Chap, XX, 1431. Chap. XX. 1431. Ee 346 HISTORY or ENGLAND. courfe of four months, fhe never betrayed any weaknefs or womanifh fubmiffion 5 and no advantage was oained over her. The point, which her judges pufhed moft vehemently, was her vifions and revelations and intercourfe with departed faints ; and they afked her, whether fhe would fubmit to thé church the truth of thefe infpirations: She replied, that fhe would fubmit them to God, the fountain of truth. They then exclaimed, that fhe was a heretic, and denied the authority of the church. She appealed to the Pope: They rejected her appeal. Tury afked her, why fhe put truft in her ftandard, which had been confe- crated by magical incantations : She replied, that fhe put truft.in the Supreme Being alone, whofe image was imprefled upon it. They demanded, why fhe carried in her hand that ftandard at the anointment and.coronation of Charles at Rheims: She anfwered, that the perfon, who had fhared the danger,. was. enti- tled to fhare the glory. When accufed of going to war contrary to the decorums of her fex, and of affuming government and command over men; the fcrupled not to reply, that her fole purpofe was to defeat the Englifh, and to. expel them from the kingdom of France. In the iffue, fhe was condemned for all the crimes of which fhe had been accufed, aggravated by herefy s her revelations. were de. clared to be inventions.of the devil to delude the people and fhe was- fentenced to be delivered over to the fecular arm. Joan, fo long furrounded by inveterate enemies, who treated her with every mark of. contumely ; brow-beaten and overawed by men of fuperior rank, and men invetted with the enfigns of a facred charaéter, which fhe had. been accuf- comed to revere; felt her. fpirit at laft fubdued, and thofe. vifionary dreams of infpiration, in which fhe had’ been buoyed up by the triumphs of: fuccefs and the applaufes of her. own party, gave way to the terrors-of that’ punifhment to which the was fentenced. She publickly declared herfelf willing to recant ; fhe acknow-~ ledged the illufion of thofe revelations which the church had rejected ; and fhe promifed never more to maintain them. Her fentence was then mitigated: She was condemned to perpetual imprifonment, and to be fed during life on bread and water. Enoucu was now done to fulfil all political views, and to convince both the French and the Englith, that the opinion of divine influence, which had fo much encouraged the one and daunted the other, was entirely without foundation. But the barbarous vengeance of Joan’s enemies was not fatishied with this victo- ry. Sufpecting, that the female drefs, which fhe had now confented to wear, was difagreeable to her, they purpofely placed in her apartment a fuit of men’s apparel ; and watched for the effect of that temptation upon her. On the fight of a drefs, in which fhe had acquired fo much renown, and which, fhe once ) 3 believed et a eee Pm te mame P a ag ia . 1 een mmm Satna a * tT Pp H dos N R Y VI. 347 believed, fhe wore by the particular appointment of heaven, all-her former ideas and paffions revived ; and fhe ventured in her folitude to cloath herfelf again in the forbidden garment. Her infidious enemies caught her in that fituation : Her fault was interpreted to be no lefs than a relapfe into herefy : No recantation would now fuffice, and no pardon could be granted her. She was condemned Chap. XX, 1431. to be burned in the market place of Roiien; and the infamous fentence was ac. Execution of cordingly executed, This admirable heroine, to whom the more generous fu- the Maid of Orleans. perftition of the antients would have erected altars, was, on pretence of he- 14th June. refy and magic, delivered over alive to the flames, and expiated by that dread- ful punifhment the fignal fervices, which fhe had rendered to her prince and to her native country. Tue affairs of the Englifh, far from being advanced by this execution, went every day more and more to decay: The great abilities of the regent were un- able to refift the ftrong inclination, which had feized the French to return under the obedience of their rightful fovereign, and which that aét of cruelty was ill fitted to remove. Chartres was furprized by a ftratagem of the count de Du- nois: A body of the Englifh, under lord Willoughby, was defeated at St. Ce- lerin upon the Sarte*: The fair in the fuburbs of Caen, feated in the midft of the Englifh territories, was pillaged by de Lore, a French captain of reputation: The duke of Bedford himfelf was obliged by Dunois to raife the fiege of Lagni with fome difhonour: And all thefe misfortunes, tho’ light, yet being continued and uninterrupted, brought difcredit to the Englifh, and menaced them with an approaching lofs of all their conquefts. But the chief detriment, which the re- gent fuftained, was by the death of his dutchefs, who had hitherto preferved fome appearance of friendfhip between him and her brother, the duke of Bur- gundy t+: And his marriage foon afterwards, with Jaqueline of Luxembourg, was the beginning of a breach between them. Philip complained, that the regent had never had the civility to inform him of his intentions, and that fo fudden a marriage was a flight on his fifter’s memory. The cardinal of Winchefter medi- ated a reconciliation between thefe princes, and brought them both to St. Omers for that purpofe. The duke of Bedford here expected the ‘firft vifit both as he was fon, brother, and uncle to a King, and becaufe he had already made fuch ad- vances as to come into the duke of Burgundy’s territories, in order to have an interview with him: But Philip, proud of his great power and independant do- minions, refufed to pay this compliment té the Regent: And the two princes, * Mon elet, vol. ii, p. 100, + Monftrelet, vol. ii. p. 37. { Stowe, p. 373. Grafton, p. $54. Y y 2 | unable fe 1432, rey 348 HISTORY or ENGLAND. Chap, XX. unable to adjuft the ceremonial, parted without feeing each other *. A very bad 1432. Defeétion of the duke of Burgundy. prognottic of their cordial intentions to renew paft friendfhip and amity ! Nortuince could be more repugnant to the interefts of the houfe of Burgundy, than to unite the crowns of France and England on the fame head; an event, which, had it taken place, would have reduced the duke to the rank of a petty prince, and have rendered his fituation entirely dependant and precarious. ‘The title alfo to the crown of France, which, after the failure of the elder branches, might accrue to the duke or his pofterity, had been facrificed by the treaty of Troye; and ftrangers and enemies were thereby irrevocably fixed upon the throne. Revenge alone had carried Philip into thefe impolitic meafures ; and a point of honour had hitherto induced him to maintain them. But as it is the nature of paffion gradually to decay; while the fenfe of imtereft maintains an eternal influence and authority ; the duke had, for fome years, appeared fenfibly to re- lent in his animofity againft Charles, and to hearken willingly to the apologies made by that prince for the murder of the late duke of Burgundy. His extreme youth was pleaded in his favour ; his incapacity to judge for himfelf; the afcen- dant gained over him. by his minifters ; and his inability to refent a deed,. which, without his knowledge, had been perpetrated by thofe under whofe guidance he was then placed. The more to gratify the pride of Philip, the King of France had banifhed from his court and prefence Tanegui de Chatel, and all thofe concern- ed in that affaffination; and had offered to make any other atonement, which could be required of him. The ills, which Charles had already fuffered, had tended to gratify the duke’s revenge; the miferies to which France had been fo Jong expofed, had begun to move his compaffion; and the cries of all Europe admonifhed him, that his refentment, which might hitherto- be deemed pious, would, if carried farther, be univerfally condemned as barbarous and unrelenting, While the duke was in this difpofition, every difguft, which he received from England, made a double impreffion upon him; the entreaties of the count de Richemont and the duke of Bourbon, who had married his two fitters, had weight ; and he determined finally to unite himfelf to the royal family of France, from which his own was defcended. For this purpofe, a congre{s was appoint- ed at Arras under the mediation of deputies from the pope and the council of Bafle: The duke of: Burgundy came thither in perfon: The duke of Bourbon, the count de Richemont and other perfons of high\rank, appeared as ambaffadors from France: And the Englifh having alfo been invited to attend, the cardinal of Winchefter, the archbifhop of York, and others, received from the protector and council a commiffien for that purpofe + * Monftrelet, vol. ii. p.90. Grafton, p. 561. + Monftrelet, vol. ii. p. 110, fT EW eS vir 349 Tue conferences were held in the Abbey of St. Vaatt; and began with dif- Chap. XX, cuffing the propofals of the two crowns, which were fo wide of each other asto _1435- _ admit of no hopes of accommodation. England offered, that each party fhould = remain in poffeflion of what they had at prefent, after making fome equal ex- changes for mutual convenience: France offered to cede Normandy with Guienne, but both of them loaded with the ufual homage and yvaffalage to the crown. As the claims of England upon France were univerfally unpopular in Europe; the mediators declared the offers of Charles very reafonable; and the cardinal of Winchefter, with the Englifh ambaffadors, immediately left the congrefs. There remained nothing but to difcufs the mutual pretenfions of Charles and Philip. Thefe were eafily adjufted : The vaffal was in a fituation to give law to his fupe- rior; and he exacted conditions, which, had it not been for the prefent neceffi- _ ty, would have been deemed, to the laft degree, difhonourable and difadvanta- geous to the crown of France. Befides making repeated atonements and acknow- ledgments forthe murder of the duke of Burgundy, Charles was obliged to cede all the towns of Picardy which lay between the Somme and the Low Countries, he yielded feveral other territories ; he agreed, that thefe and all the other do- minions of Philip fhould be held by him, during his life-time, without doing any homage or {wearing fealty to the prefent King ; and he freed his fubjects from all obligations to allegiance, if ever he infringed this treaty *. Such were the con- ditions, upon which France purchafed the friendfhip of the duke of Burgundy, Lue duke fent over a herald to England with a letter, in which he notified the. conclufion of the treaty of Arras, and apologized for his departure from that of Troye. The council received the herald with great coldnefs : They even affign- | ed him his lodgings in a fhoemaker’s houfe, by way of infult ; and the populace were fo incenfed, that, if the duke of Glocefter had not given him cuards, his | life would have been expofed to danger, when he appeared in the ftreets, The Flemings, and other fubjects of Philip, were infulted, and fome of them murder- ed by the Londoners ; and every thing feemed to tend towards a rupture between the two nations +. Thefe violences were not difagreeable to the duke of Bup- gundy ; as they afforded him a pretence for the farther meafures, which he in- tended to take againft the Englifh, whom he now regarded as implacable and dangerous enemies, —— ih | A Few days after the duke of Bedford received intelligence of this treaty, |, Sent a Vv be fo. fatal to the interefts of England, he died at Roiien; a prince of great Death of the abilities, and of many virtues; and whofe memory, except from: the barbarous a abe witio rr * Monftrelet, vol. ii p.trrz. Grafton, p. 565. + Monftrefet, vol. ii. p. 120.. Hollingthed, p. 612. execution Chap. XX. 1435: 14.36. Decline ofthe Englifh in France. e 350 HISTORY or ENGLAND. “execution of the Maid of Orleans, was unfullied by any. confiderable blemith. Hfabella, Queen of France, died a little before him, defpifed by the Englifh, de- tefted by the French, and reduced in her latter years to regard with an unnatural! horror, the progrefs and fuccefles of her own fon, in recovering poffeffion of his kingdom. ‘This period was alfo fignalized by the death of the earl of Arun- del *, a great Englifh general, who, tho’ he commanded three thoufand men, was foiled by Xaintrailles at the head of fix hundred, and foon after expired of the wounds which he received in the action. i Tue violent factions, which prevailed in the court of-England, between the duke of Glocefter and the cardinal of Winchefter, prevented the Englifh from taking the proper meatures for repairing thefe multiplied lofies; and threw all their affairs into confufion. The popularity of the duke and his near relation to the crown, gave him advantages in the conteft, which he often loft by his open and unguarded temper, unfit to ftrugele with the politic and interefted fpirit of his rival. The balance, mean-while, of thefe parties, kept every thing in ful- pence: Foreign affairs were much neglected: And tho’ the duke of York, fon to that earl of Cambridge who was executed in the beginning of the Jaft reign, was appointed fucceffor to the duke of Bedford, it was feven months before his commiffion paffed the feals; and the Englith remained fo long in an enemy s country, without a proper head or governor. Tuer new governor on his arrival found the capital already loft. The Parifians had always been more attached to the Burgundian than to the Englith intereft and after the conclufion of the treaty of Arras, their affections, without any far- ther controul, univerfally led them to return to their allegiance under their native fovereign. The conftable, together with Lile-Adam, the fame perfon who had before put Paris into the hands of the duke of Burgundy, was introduced in the night time by intelligence with the citizens: The lord Willoughby, who com- manded only a fmall garrifon of 1500 men, was expelled: That nobleman dif. covered great valour and prefence of mind on the occafion; but unable to guard fo large a place againft fuch multitudes, he retired into the Baftile, and being there invefted, delivered up the place, and was contented to ftipulate for the fate retreat of his troops into Normandy Tf. In the fame feafon, the duke of Burgundy took openly part acainft England, and commenced hoftilities by the fiege of Calais, the only place which now gave the Englith any fure hold of France, and {till rendered them dangerous. As he @ Monftrelet, vol. ii, p. ros. Hollinfhed, p. 610. + Monftrelet, vol. ii. p. 127. Graf. ton, p. 568. was Ce ge Sich es BN Ro YS Vk 351 was beloved among his own fubjects, and had acquired the epithet of Good, from Chap. XX. his popular qualities, he was able to intereft all the inhabitants of the Low-coun- 1439: tries in the fuccefs of this enterprize ; and he iavefted that place with an army, very formidable from its numbers, but without experience, difcipline, or military fpirit*. On the firft alarm of this fiege, the duke of Glocefter affembled fome forces, fenta defiance to Philip, and challenged him to wait the event of a battle, which he promifed to give, as foon as the wind would permit him to reach Calais, The warlike genius of the Englith had at that time rendered them terrible to all the northern parts of Europe; much more to the Flemings, who were more ex- pert in manufactures, than in arms; and the duke of Burgundy, being already foiled in fome attempts before Calais, and obferving the difcontent and terror of his own army, thought proper to raife the fiege, and to retreat into his own ter- 26th June; ritories, before the arrival of the enemy +. Tue Englifh were ftill mafters of many fine provinces in France; but retained pofféffion, more by the extreme weaknefs of Charles, than by the ftrength of their own garrifons or the force of their armies. Nothing indeed can be more furprifing than the feeble efforts made, during the courfe of feveral years, by thefe two potent nations again{ft'each other ; while the one ftrugeled for independancy, and the other afpired to a total conqueft of its rival: ‘Fhe general want of in- duftry, commerce; and police, in that age, had’rendered all the Furopean nations, and France and England no lefs than the others, unfit for beating the burthens: of war, when it was prolonged beyond one féafon ;. and’ the continuance of hofti- lities had, long:ere this time, exhaufted: the force and patience of both thefe kingdoms. Scarce could the appearance of an army be brought into the field on either’ fide; and: all the mighty operations’ confifted in the furprize of places, in the rencounter of detached parties, and in incurfions upon thé open country ; which were performed by fmall bodies-affembled on a’ fudden from the neighbouring garrifons. In this method of conduéting the war, the French King had much the advantage: The affections of the people were entirely on his-fide: Intelligence was early brought him of the ftate and motions of the enemy: The inhabitants, were ready to join in any attempts againft the garrifons: And thus ground was continually, tho’ flowly, gained againit the Englifh. ‘The duke of York, who was. a prince of ability, ftruggled againft thefe difficulties during the courfe of five years ; and being affifted by the valour of lord Talbot, foon after created ear! of Shrewfbury, he performed actions which acquired him honour, but merit not ‘fhe attention-of pofterity. It would havebeen well, had this feeble War, in {par- > * Mooftrelet, vol. ii. p. 126.130, 132. Hollingthed, p,613.. Grafton, p, 571. ; onitielet, volsii. p, 136, Follingthed,. p. 614. ing f 440. ey 352 mis T.OMm Y yor EAN.G L:iA.N'D. ing the blood of the people, prevented likewife all other oppreffions; and had the fury of men, which reafon and juftice cannot reftrain, thus happily received a check from their impotence and inability. But the French and Englifh, tho’ they exert- ed fuch fmall force, were, however, ftretching beyond their refources, which were Aill fmaller; and the troops, deftitute of pay, were obliged to fubfift by plunder- ing and oppreffing the country, both of friends and enemies. The fields in all the north of France, which was the feat of war, were laid wafte and left unculti- vated *. The cities were gradually depopulated, not by the blood {pilt in battle, but by the more deftructive pillage of the garrifons: And both parties, weary of hoftilities, which decided nothing, feemed at laft defirous of peace, and they fet on foot negotiations for that purpofe. But the propofals which came from France and from England, were ftill fo wide of each other, that all hopes of accommodation immediately vanifhed. The Englifh ambaffadors demanded reftitution of all the provinces which had once been annexed to England, together with the final ceffion of Calais and its diftrict ; and required the poffeffion of thefe extenfive territories without the burthen of any fealty or homage on the part of their prince: The French offered only part of Guienne, part of Normandy and Calais, loaded with the ufual burthens. It appeared in vain to continue the negotiation, while there was fo little profpect of agreement. The Englifh were {till too haughty to ftoop from the vaft hopes, which they had formerly entertained, and to accept of terms more fuitable to the prefent concition of the two kingdoms. | Tuer duke of York foon after refigned his government to the earl of Warwic, a nobleman of reputation, whom death prevented from a long enjoyment of his dignity. The duke, upon the demife of this nobleman, returned to his charge, and during his adminiftration a truce was concluded between the King of Eng- land and the duke of Burgundy, which had become neceflary for the commercia] intereft of their fubjeéts +. The war with France continued in the fame languid and feeble ftate as before. Tue captivity of five princes of the blood, taken prifoners in the battle of Azincour, was a confiderable advantage which England long enjoyed above its enemy; but this fuperiority was now entirely loft. Some of thefe princes had died ; fome had been ranfomed for fums of money; and the duke of Orleans, the moft powerful among them, was the laft who remained in the hands of the Englifh. He offered the fum of 54,000 nobles} for his liberty; and when * Grafton, p. 562. + Gra'ton, p. 573, { Rymer, vol. x. p. 764. 776. 782. 795, 796. This fam was equal to 36,00 pounds fterling of our prefent money. A fubfidy of a tenth and fifteenth was fixed by Edward III, at 29,000 pounds, that is 58,000 of our prefent money. The par- Jiament granted only one fubfidy during the courfe of feven years, from 1437 to 1444. this i Ls re eS eee ee >4- ——~ * _ SSS ae PT a Hi: BEN GR ays Ve ¥5% y this propofal was laid before the council of England, as every queftion was there an object of faction, the party of the duke of Glocefter, and that of the cardi- nal of Winchefter, were divided in their fentinents with regard toit. The duke reminded the council of the dying advice of the late King, that none of thefe prifoners fhould on any account be releafed, till his fon was of fufficient age to hold, himfelf, the reins of government. Tie cardinal infifted on the oreatnels of the fum proffered, which in reality was near equal to two thirds of all the ex. traordinary fupplies, that the parliament, during the courfe of feven years, granted for the fupport of the war. And he added, hat the releafe of this prince was more likely to be advantageous than prejudicial to the Englith interefts ; by fill- ing the court of France with faction, and giving a head to thofe numerous male- contents, whom Charles was at prefent able wth great difficulty to reftrain. The cardinal’s party, as ufual, prevailed: The duke of Orleans was releafed, after a melancholy captivity of twenty-five years*: And the duke of Burgundy, as a pledge of his entire reconciliation with the fanily of Orleans, facilitated to that prince the payment of his ranfom, It muft de confeffed, that the princes and nobility in thofe ages, went to war on very difidvantageous terms. If they were taken prifoners, they either remained in captivity during life, or purchafed their liberty at the price which the victors were pleaied to impofe, and which often re- duced their families to beggary and want. Tue fentiments of the cardinal, fome time after, prevailed in another point of ftill greater moment. That prelate had alway: encouraged every propofal of ac- commodation with France; and had repreferted the utter impoffibility, in the prefent circumftances, of pufhing farther the conquefts in that kingdom, and the great difficulty of even maintaining thofe which were already made. He in- fifted on the extreme reluctance of the parliament to grant fupplies ; the diforders in which the Englifh affairs in Normandy were involved; the daily progrefs made by the French King; and the advantage of ftopping his hand by a tem- porary accommodation, which might leave room for time and accidents to Ope- rate in favour of the Englifh. The duke of Glocefter, high fpirited and haughty, and educated in the lofty pretenfions, which the firft fuccefles of his two brothers had rendered familiar to him, could not yet beinduced to relinquifh all hopes of prevailing over France ; much lefs, could he fee with patience, his own opinion thwarted and rejected by the influence of his -ival in the Enelith council. But notwithftanding his oppofition, the earl of Sufolk, a nobleman who always ad- hered to the cardinal’s party, was difpatched toTours, in order to negotiate with * Grafton, p. 578, LZ “SI Vou, Il, Chap. XX, 1440, 1443. Chap, XX. 1443- 28th May. Truce with France, Marriage of her t cz) 354 HISTORY or ENGLAND. the French minifters. It was found impoffible to adjuft the terms of a lafting peace ; but a truce for twenty-two months was concluded, which left every thing on the prefent footing between the parties. The numerous diforders, under which the French government laboured, and which time alone could remedy, induced Charles ro affent to this truce; and the fame motives engaged him afterwards to prolong i¢*, But Suffolk, not content with executing this object of his commiffion, proceeded alfo to Gnith another bufinefs, which feems rather to have been implied than included in the powers, which had been granted him 7. In proportion as Henry advanced in years, his charater became fully known in the court, and was no longer ambiguous to either faction. Of the moft harm- lefs, inoffenfive, fimple manners; but of the moft flender capacity ; he was fit- ted, both by the foftnefs of his temper, and the weaknefs of his underftanding, to be perpetually governed by thofe who furrounded him; and it was eafy to fore- fee, that his reign would prove a perpetual minority. As he had now reached the twenty-third year of his. age, it was natural to think of choofing him a queen ; and each party was ambitious of having him receive one from their hand; as it was probable, that this circumftance would decide forever the victory between them. The duke of Glocefter propofed a daughter of the count d’Armagnac; but had not credit to effeétuate his purpofe. The cardinal and his friends had caft their eye on Margaret of Anjou, daughter of Regnier, titular King of Sicily, Naples, and Jerufalem, defcended from the count of Anjou, brother of Charles V. who had left thefe magnificent titles, but without any real power or poffeffions, to his pofterity. This princefs herfelf was the moft accomplifhed of her age both in body and mind; and feemed to poffefs thofe qualities, which would equally qualify her to acquire the afcendant over Henry, and to fupply all his defects and weakneffes. Ofa mafculine, courageous fpirit, of an enterprizing temper, en- dowed with folidity as well as vivacity of underftanding, fhe had not been able to conceal thefe great talents even in the privacy of her father’s family; and it was reafonable to expe€t, that, when fhe fhould mount the throne, they would break out with ftill fuperior luftre. The earl of Suffolk, therefore, in concert with his affociates of the Englith council, made propofals of marriage to Margaret, which were accepted. But this nobleman, befides pre-occupying the princefs’s favour by being the chief means of her advancement, endeavoured to ingratiate himfelf with and her family, by very extraordinary conceffions:: Tho’ Margaret brought the King with no dowry with her, he ventured of himfelf, without any direct authority from the Margaret of Anjou. council, but probably with the allowance of the cardinal, and the ruling mem- bers, to engage, by a fecret article, that the province of Maine, which was at that ® Rymer, vol. xi. p» 101. 1¢8. 206, 214. + Rymer, vol. Xi. p. 53- 5 time¢ ——EE =—~ ia et vy - Se Se ee Hi EN. R, Yo ove 7 JI? time in the hands of the Englifh, fhould be delivered up to Charles of Anjou her uncle *, who was prime minifter and favourite of the French King, and who had already received from his mafter the grant of that province as his appanage. Tue treaty of marriage was ratified in England: Suffolk obtained firft the title of marquis, then that of duke; and even received the thanks of parliament, for his fervices in concluding it. The princefs fell immediately into clofe cofi- nexions with the cardinal and his party, the dukes of Somerfet, Suffolk, arid Buckingham ¢; who, fortified by her powerful friendfhip, refolved on the final ruin of the duke of Glocefter. Tis generous prince, worfted in all court intrigues, for which his temper was not fuited, but. poffefling, in a high degree, the favour of the public, had al- ready received from his rivals a moft cruel mortification, which he had hitherto born patiently, but which it was impoffible, that a perfon of his fpirit and hu- manity could ever forgive. His dutchefs, the daughter of Reginald, lord Cob- ham, had been accufed of the crime of witchcraft, and it was pretended, that a waxen figure of the King was found in her poffeffion, which fhe and her.affoci- ates, Sir Roger Bolingbroke a prieft, and one Margery Jordan of Eye, melted in a magical manner before a. flow fire, with an intention of making Henry’s force and vigour wafte away, by like infenfible degrees: The accufation was well cal- culated to affect the weak and credulous mind of the King, and to gain belief in an ignorant age; and the dutchefs was brought to trial with her confederates. The nature of this crime, fo oppofite to all common fenfe, feems always to ex- empt the accufers from obferving the rules of common fenfe in their evidence: The prifoners were pronounced guilty; the'dutchefs was condemned to do pub- lic penance, and to fuffer perpetual imprifonment,. and the others were executed §. But as thefe violent proceedings were afcribed folely to the malice of the duke’s enemies, the people, contrary to their ufual practice on fuch occafions, acquitted the unhappy fufferers; and encreafed their efteem and affection towards a prince, who was thus expofed, without protection, to fuch mortal injuries. Tess fentiments: of the public made the cardinal of Winchefter and his party fenfible, that it was neceflary to deftroy a man, whofe’ popularity might become dangerous, and whofe refentment they had fo much caufe toapprehend. In or- der to effectuate their purpofe, a parliament was fummoned to meet, not at Lon- don, which was fuppofed to be too well affected to the duke, but at St. Ed- mondfbury, where they expected that he would lie entirely at mercy. A's foon * Grafton, p. sgo. ' -f Cotton, p. 630. { Holingthed, p, 626. § Stowe, p- 381- Holingthed, p. 622. Grafton, p. 587. ZZ2 as Chap. XX, 1443: 1447° Chap. XX. 1447- 28th Feb. Murder of the duke of Glo- cefter. ey 356 HISTORY or ENGLAND. as he appeared, he was accufed of treafon, and thrown into prifon. He was foon after found dead in his bed*; and tho’ it was pretended that his death was natural, and tho’ his body, which was expofed to public view, bore no: marks of outward injury, no one doubted that he had fallen a facrifice to the ven- geance of his enemies. A trick, formerly practifed on Edward II. on Richard I, and on Thomas of Woodftock, duke of Glocefter, could deceive no body. The reafon of this violence feems not, that the ruling party apprehended his acquital in parliament on account of his innocence, which, in fuch times, was feldom: much regarded; but that they imagined his public trial and execution would have een more invidious than his private murder, which they pretended to deny. Some gentleman of his: retinue were afterwards tried for aiding him in his trea- fons, and were condemned to be hanged, drawn and quartered. They were hanged and cut down; but juft as the executioner was proceeding to: quarter them, their pardon was produced, and they were recovered to lifet. The moft barbarous kind of mercy, than can. poffibly be imagined! * Turs prince is: faid to have received'a more learned education than was ufual’ in his age, to have founded one of the firft public libraries in England, and to: have been a great patron of learned men. Among other advantages, which he reaped from this turn of mind, it tended much to cure him of credulity; of: which the following inftance is given by Sir Thomas More. There was a man, who pretended, that, tho’ he was born blind, he had recovered his fight by touching the fhrine of St. Albans. The duke, happening foon after to pafs that way, queftioned the man, and feeming to doubt of his fight, afked him the colour of feveral cloaks, worn by perfons in his retinue. The man told him very readily. You area knave, cried the. prince; had you been born blind, you could not have diftinguifbed colours: And immediately ordered him to.be put in the: ftocks as an impoftor f. Tue cardinal of Winchefter died fix weeks after his nephew, whofe murder was univerfally afcribed to him as well as to the duke of Suffolk, and which, it is: faid, gave him more remorfe in his laft moments, than could naturally be ex- peéted from a man hardened, during the courfe of a long life, in falfhood and in politics. What fhare the Queen had in this guilt is uncertain; her ufual activity and fpirit made the public conclude, with fome reafon, that the duke’s enemies: durft not have ventured on fuch a:deed without her privity. But there happened foon after an event, of which fhe and her favourite, the duke of Suffolk, bore unconteftably the whole odium. * Grafton, p. 597- + Fabian Chron, anno 1447. t Grafton, p: 597. Tat * *, a ete oe kaen ee ine, ch) Oe oe ‘ eae ¥ rf ne ht ER Palen ’ ma Ne Va 357 Twat article of the marriage treaty, by which the province of Maine was to Chap. XX, be yielded to Charles of Anjou, the Queen’s uncle, had probably been hitherto ‘447: kept a fecret ; and during the life-time of the duke of Glocefter, it would have been dangerous to venture on the execution of it. But as the court of France in- fitted ftrentoufly on performance, orders were now difpatched, under Henry’s hand, to Sir Francis Surienne, governor of Mans, commanding him to furrender that place to Charles of Anjou. Surienne, either queftioning the authenticity of the order, or regarding his government as his only fortune, refufed compliance ; andit became neceffary for a French army, under the count de Dunois, to lay fiege to the city. ‘The governor made as good a defencé as his fituation could permit ; but receiving no relief from Edmund duke of Somerfet, who was at that time go- erior of Normandy, he was at laft obliged to capitulate, and to furrender not only Mans, ‘but all the other fortreffes of that province, which was thus entirely alienated from: the crown of England. Tue bad effects of this meafure ftopped not here. Surienne, at the head of all 1448) his garrifons, amounting to 2500 men, retired into Normandy, in expectation of being taken into pay, and of being quartered in fome towns of that province. But Somerfet, who had no means of fubfifting fuch a multitude, and who was pro- bably incenfed at Surienne’s difobedience, refufed to admit him; and this adven- turer, not daring to commit depredations on the territories either of the King of . France or of England, marched into Brittany, feized the town of Fougeres, re-~ paired the fortifications of Pontorfon and St. James de Beuvron, and fubfifted his troops by the ravages, which he committed on all that province *, The duke of Brittany complained of this violence to the King of France, his liege lord: Charles remonttrated with the duke of Somerfet: ‘That nobleman replied, that the injury’ was done without his privity, and that he had no authority over Surienne and his. companions +. ‘T’ho’ this anfwer might appear very fatisfactory to Charles, who had often felt feverely the licentious, independant fpirit of fuch mercenary {ol- diers, he never would admit the apology. He ftill infifted, that thefe plunderers fhould be recalled, and that reparation fhould be made to the duke of Brittany for all the damages, which they had committed: And in order to render an ac- commodation abfolutely impracticable, he made the eftimation of damages amount to no lefs a fum than 1,600,000 crowns. He was fenfible of the fuperiority,. which the prefent ftate of his affairs gave him over England; and he determined: te take advantage of it, * Monftrelet, vol, iii, p. 6, Tt Monftrelet, vol.ii. p. 7, Hollingthed, p. 629. No Chap. XX, 1448. State of France. 1449s Renewal of the war with France. 4th Nov. i, 358 71S TO RY oF ENGLAN D. : No fooner was the truce concluded between the two kingdoms, than Charles employed himfelf, with great induftry and judgment, in repairing thofe number- lefs ills, to which France, from the continuance of wars both foreign and do- meftic, had fo long been expofed. He reftored the courfe of public juftice; he ‘ntroduced order into the finances; he eftablifhed difcipline in his troops; he re- prefled faétion in his court, he revived the languid ftate of agriculture and the arts; and in the courfe of a few years, he rendered his kingdom flourifhing with- in itfelf, and formidable to all its neighbours. Mean while, affairs in England had taken a very different turn. The court was divided into parties, which were enraged againft each other: The people were difcontented with the government: Conquefts in France, which were an object more of glory than of intereft, were overlooked amidft domeftic incidents, which engroffed all mens attention: The governor of Normandy, ill fupplied with money, was obliged to difmifs the greater part of his troops, and to allow the fortifications of the towns and catftles to fall into difrepair: And the nobility and people of that province had, during the open communication with France, enjoyed frequent Opportunities of renew- ing connexions with their antient mafter, and of concerting the means for ex- pelling the Englifh. The occafion therefore feemed favourable to Charles for breaking the truce ; and Normandy was at once invaded by four powerful ar- mies ; one commanded by the King himfelf ; a fecond by the duke of Brittany; a third by the duke of Alencon; and a fourth by the count de Dunois. The places opened their gates almoft as foon as the French appeared before them : Verneiiil, Nogent, Chateau Gaillard, Ponteau de mer, Gifors, Mante, Vernon, Argentan, Lificux, Fecamp, Coutances, Belefme, Pont de |’ Arche, fell in an in- {rant into the hands of the enemy : The duke of Somerfet was fo far from having an army, which could take the field, and relieve thefe places, that he was not able to fupply them with the neceffary garrifons and provifions: He retired with the few troops, of which he was maiter, into Roiien; and thought it fufficient, if, till the arrival of fuccours from England, he could fave that capital from, the ge- neral fate of the province. The King of France, at the head of a formidable army, fifty thoufand ftrong, prefented himfelf before the gates: The dangerous example. of revolt had infected the inhabitants, and they called aloud for a capi- tulation. Somerfet, unable to refift at once both the enemies within and from without, retired with his garrifon into the palace and caftle; which, being places not tenable, be was obliged to furrender: He purchafed a retreat to Harfleur by the payment of 56,000 crowns, by engaging to furrender Arques, Tancarville, Caudebec, Honfleur, and other places in the higher Normandy, and by deliver- ing wrote see aad ao" il pd. senSinme 4 et St a re oe ee HBR oR CYS AE 359 ing, hoftages for the performance of thefe articles *. The governor of Honfleur refufed to obey his orders ; upon which, the earl of Shrewfbury, who was one of the hoftages, was detained prifoner; and the Englifh were thus deprived of the Chap. XX, 1450. only general, capable of recovering them from their prefent diftreffed fituation. - Harfleur made a better defence under Sir Thomas Curfon, the governor; but was finally obliged to open its gates tothe count de Dunois. Succours at laft ap- peared from England under Sir Thomas Kyrie], and landed at Cherbourg. But thefe came very late, amounted only to 4000 men, and were foon after put to rout at Fourmigni by the count de Clermont +. This battle, or rather {kirmith, was the only action fought by the Englith for the defence of their dominions in France, which they had purchafed at fuch an expence of blood and treafure. So- merfet, fhut up in Caen without any profpect of relief, found it neceflary to capi- tulate: Falaife opened its gates, on condition that the earl of Shrewfbury fhould be reftored to liberty : And Cherbourg, the laft place of Normandy, which remain- ed in the hands of the Englifh, being delivered up, the conqueft of that impor- tant province was finifhed im a twelvemonth by Charles, to the infinite joy of the inhabitants and of his whole kingdom ff. A tke rapid fuccefs attended the French arms in Guienne; tho’ the inhabi- tants of that province were, from long cuftom, better inclined to the Enelith go- vernment. The count de Dunois was difpatched thither, and met with no re- fiftance in the field, and very little from the towns. . Great improvements had The Englith been made, during this age, in the ftructure and management of artillery, and expelled none in fortification ; and the art of defence was by that means more unequal, * than either before or fince, to the art of attack. After all the {mall places about Bourdeaux were reduced, that city agreed to fubmit, if not relieved by a certain time; and as no one in England thought ferioufly of thefe diftant concerns, no relief appeared; the place furrendered ; and Bayonne being taken foon after, this whole province, which had remained united to England, fince the acceffion of Henry IJ. was, after a period of three centuries, finally fwallowed up by the French monarchy. THO’ no peace nor truce was concluded between France and England, the war was ina manner at anend. The Englifh, torn in pieces by the civil diffen- fions which enfued, made but.one feeble effort more for the recovery of Guienne : And Charles, occupied at home, in regulating the government, and fencing * Monftrelet, vol: iii. p.21. Grafton, p. 643. + Holingthed, p. 631. t Grafton, p. 646. againft paldis abr = ae rance, e) a 360 HISTORY or ENGLAND. Chap. XX. againft the intrigues of his factious fon, Lewis the Dauphin, fcarce ever attempted 1450 +o invade them in their ifland, or to retaliate upon them, by availing himfelf of their inteftine confufions. | Conse wr XXI. fice We Rk VI. Claim of the duke of York to the crown——The earl of Warwic Impeachment of the duke of Suffolk His banifhment and death Popular infurrection The parties of York and Lancafter Firft armament of the duke of York Firft battle of St. Albans Battle of Blore-heath of Northampton A parliament Battle of Wakefield Death of the duke of York Battle of Mor- timer’s Crofs Second Battle of St. Albans Edward IV. a/- fumes the crown Mifcellaneous tranfattions of this reign. ( Chap. XXI. W EAK prince, feated on the throne of England, had never failed, how- sb i ever gentle and innocent, to be infefted with faction, difcontent, rebel- lion, and civil commotions ; and as the incapacity of Henry appeared every day in a fuller light, thefe dangerous confequences began, from paft experience, to be univerfally and juftly apprehended. Men alfo of unquiet fpirits, no longer em- ployed in foreign wars, whence they were now excluded by the fituation of the neighbouring ftates, were the more likely to excite inteftine diforders, and by their emulation, rivalfhip, and animofities, to tear the bowels of their native country. But tho’ thefe caufes alone were fufficient to breed confufion, there concurred ano- ther circumftance of the moft dangerous nature: A pretender to the crown ap- peared. The title itfelf of the weak prince, who enjoyed the name of fovercign- ty, was difputed : And the Englifh were now to pay the fevere, tho’ late penalty, of their turbulence againft Richard II, and of their levity in violating, without any neceffity or juft reafon, the lineal fuccefflion of their monarchs. = - in oa - -* ~ ee me + Mima cmap As x se, - ALL Sig Wo BW ae wie ove 361 Att the males of the houfe of Mortimer were extin®; but Anne, the fitter Chap: XXI, of the laft earl of Marche, having efpoufed the earl of Cambridge, beheaded in | 145°. the reign of Henry V. had tranfmitted her latent, but not yet forgotten claim to ate ars her fon, Richard, duke of York. This prince, thus defcended by his mother to the crown. from Philippa, only daughter of the duke of Clarence, fecond fon of Edward III. ftood plainly in the order of fucceffion before the King, who derived his de- {cent from the duke of Lancafler, third fon of that monarch; and that claim could not, in many refpeéts, have fallen into more dangerous hands than thofe of the duke of York. Richard was a man of valour and abilities, of a prudent conduct and mild difpofitions: He had enjoyed an Opportunity of difplaying thefe virtues in his government of France: And tho’ retalled from that com. mand by the intrigues and fuperior intereft of the duke of Somerfet, he had been fent to fupprefs a rebellion in Ireland ; had fucceeded much better in that enter. prize than his rival in the defence of Normandy ; and had even been able to at- tach to his perfon and family, the whole Irith nation, whom he was fent to fub- due*. In the right of his father, he bore the rank of firtt prince of the blood; and by this ftation, he gave a luftre. to his title derived from the family of Mor- timer, which, tho’ of great nobility, was equalled by other families in the king- dom, and had heen eclipfed by the royal defcent of the houfe of Lancafter. He pofieifed an immenfe fortune from the union of fo many fucceffions, thofe of Cam- bridge and York on the one hand, with thofe of Mortimer on the other: Which laft inheritance had before been augmented by an union of the eftates of Clarence and Ulfter, with the patrimonial poffeffions of the family of Marche. The al- liances too of Richard, in marrying the daughter of Ralph Nevil, earl of Weft- moreland, had very widely extended his intereft among the nobility, and had procured him many connexions in that formidable order. Tue family of Nevil was perhaps at this time the moft potent, both from their opulent poffeffions and from the charaéters of the men, that has ever appeared in England. For befides the earl of Weftmoreland, the lords Latimer, Fau- conbridge, and Abergavenny ; the earls of Salifbury and Warwic were of that : family, and were of themfelves, on many accounts, the greateft noblemen of the kingdom. The earl of Salifbury, brother in law to the duke of York, was the eldeft fon by a fecond marriage of the earl of Weftmoreland; and inherited by his wife, daughter and heir of Montacute, earl of Salifbury, killed before Or- leans, the poffeffions and title of that great family. His eldeft fon, Richard, had married Anne, the daughter and heir of Beauchamp, earl of Warwic, who died governor of France ; and by that alliance he enjoyed the poffeffions, and had * Stowe, p. 387. aie Vou. II, 3A 2 acquired Chap. XX, 1450. The earl of Warwic. Fi, 362 H1S TORY OF ENGLAND. acquired the title of that other family, one of the moft opulent, moft antient, and moft’ illuftrious of the kingdom. The perfonal: qualities alfo of thefe two earls, efpecially of ‘Warwic, enhanced the fplendor of their nobility, and en- creafed their influence over the people. This latter nobleman, commonly Known, from the fubfequent events, by the appellation of the King-maker, had-diftin- suifhed himfelf, by his eallantry in the field, by the hofpitality of his table, by the magnificence, and *ftill more by the oenerofity of his expence, and by the fpr- rited and bold manner, which attended him in all his actions. The undefigning franknefs and openne!s of his character rendered his conquefts over mens affections the mote certain and: infallible : His prefents were regarded as fure teftimonies of efteem and friendthip ; and his profeffions as the overflowings of his genuine fentiments. No lefs than 30,000 people are faid to have daily lived at his board an'the’ different manors and caftles which he: poffeffed in England: The? military: meh, ‘allured’ by his munificernice and hofpitality, as-well as by his bravery, were zealoufly attached to his interefts: The people in general bore him an unlimited affection » His numerous retainers were more devoted to. his. will, than to the prince or to the laws: And he-was the greateft, as well as thelait, of thofe mighty barons, who formerly over-awed the crown, and rendered the people incapable of any regular fyftem of civil government. | Bur the duke of York, befides the family of Nevil; had many other parti- zans among the preat nobility. Courtney, ear! of Devonfhire, defcended from the royal blood of France, was attached to his interefts: Moubray, duke of Norfolk, from his hereditary hatred to the family of Lantafter, had embraced the fame party’: And the difcontents, which univerfally prevailed among the peo- ple, rendered every combination of thé eréat the more dangerous.to the eftablifhed sovernment. T 0’ the people were never willing to grant the fupplies neceffary for keeping offeffion of the conquered provinces in France, they repined extremely at the lofs of thefe boafted acquifitions ; and fancied, becaufe a fudden irruption could make conquefts, that, without fteady counfels and an uniform expence, it was poffible to maintain them. The voluntary ceflion Of Maine to the queen’s uncle, had made them fufpect treachery, in the lols, of Normandy and Guienne. They ftill confidered Margaret. as.a French woman and a latent enemy of the king- dom. And when they faw her father and all her relations active in promoting the faccefs -of the French, they could not be perfuaded, that fhe, who was alk powerful in the Englith council, would very zealoufly oppofe them in their en- ¥. ob RErprizes.. Bur Hi Bur the moft fatal blow, which was given to. the popularity of the crown and Chae XXI. to the interefts of the howfle of Lancafter, was by the aflaffination of the virtu- ous duké of Glocefter, whofe character; had» he been alive, would have kept in awe the partizans of York, but whofe memory, being extremely cherifhed by the people, ferved to throw an infinite odium on all his murderers... By this events the reigning family fufered a double prejudice: It was deprived. of its frmeft fupport; and it was loaded with all the infamy of that imprudent and barbarous execution, As the duke of Suffolk was known to have had “an. a@tive hand in this crime, he partook deeply of the hatred, which attended it; and the clamours, which neceffarily rofe againft him, as prime minifter and declared favourite of the Queen, were thereby augmented to a ten-fold pitch, and became abfolutely uncontroleable. The great nobility could ill brook to fee a fubject exalted above them; much more one who was only ¢reat grandfon to a merchant, and who was of a birth fo much inferior to theirs. The people complained of his arbitrary meafures ; which were, in fome degree, a neceflary confequence of the irreeular power then poffeffed by the prince, but which the leaft difaffection eafi- ly magnified into tyranny. ‘The immenfe acquifitions, which he daily made, were the object of envy ; and as. they were made at the expence of thé crown, which was itfelf reduced to the moft fcandalous poverty, they appeared on that account, to all indifferent perfons, the more exceptionable and invidious. Tue revenues of the crown, which had been long difproportioned to its power and dignity, had been extremely dilapidated during the minority of Henry *; both by the rapacity of the courtiers, which the King’s uncles could not controul, and by the neceffary expences of the French war, which had always been fo ill fupplied by the grants of parliament. The royal demefnes were diffipated, and at the fame time the King was loaded witha debt of 372,000 pounds, a fum fo immenfe, that the parliament could never think of difcharging it. This unhap- py fituation forced the minifters upon many arbitrary meafures: ‘The houfehold itfelf could not be fupported without ftretching to the utmoft the right of pur- veyance, and rendering it a kind of univerfal robbery upon.the people : The pub- jic clamour rofe high upon this occafion, and no one had the: equity to make al- lowance for the neceffity of the Kine’s fituation. Suffolk, once become odious, bore the blame of the whole; and every grievance in every part of the admini- _ {tration was univerfally imputed to his tyranny and injuftice. * Cotton, p. 609. a fr2 \ 145Ce i 364 HISTORY or ENGLAND. Chap. XXL Tuts nobleman, fenfible of the public hatred under which he laboured, and i450: — forefeeing an attack from the commons, endeavoured to overawe his enemies, by Tm h C ; F ° A “ ° ofeue eule df boldly prefenting himfelf to the charge, and by infifting upon his own innocence, — : Suffolk. and even upon his merits and thofe of his family in the public fervice. He rofe up in the houfe of peers; took notice of the clamours propagated againft him ; and complained, that, after ferving the crown in thirty four campaigns, after ftaying 4 abroad feventeen years without once returning to his own country ; after lofing a father and three brothers in the wars with France; after being himfelf a prifo- ner, and purchafing his liberty by a large ranfom ; it fhould yet be fufpected, that he had been debauched from his allegiance by that enemy whom he had ever op- pofed with fuch zeal and fortitude, and that he had betrayed his prince, who had rewarded his fervices by the higheft honours and greateft offices, which it was in his power to confer*, This fpeech did not anfwer the purpofe intended, . The commons, rather the more provoked at his challenge, opened their charge | againft Suffolk, and fent up to the houfe of peers an accufation of high treafon, ‘ divided into feveral articles. They infifted, that he had perfuaded the French King to invade England with an armed force, in order to depofe the King, to place on the throne his own fon, John de la Pole, whom he intended to marry to Margaret, the only daughter of the late John, duke of Somerfet, and ta whom, he imagined, he would by that means acquire a title to the crown: That he had contributed to the releafe of the duke of Orleans, in hopes, thar that prince would aid and affift King Charles in expelling the Englifh from France, and recovering full poffeffion of his kingdom: That he had afterwards encouraged that King to make open war on Normandy and Guienne, and had pro- moted his conquefts by betraying the fecrets of England, and obftructing the faccours propofed to be fent over to thofe provinces: And that he had, without | ‘ any powers or commiffion, promiled by treaty to deliver up the province of E | Maine to. Charles of Anjou, and had accordingly delivered it up; a conceffion, which proved in the iffue the chief caufe of the lofs of Normandy Tf. Ir is evident, from a review of thefe articles, that the commons adopted without enquiry all the popular clamours againft the duke of Suffolk, and charg- ed him with crimes, of which none but the vulgar could ferioufly believe him guilty. Nothing can be more incredible, than that a nobleman of his rank. and character could think of acquiring the crown to his family, and of depofing Hen- ry by foreign force, and together with him, Margaret, his patron, a princefs of fo much fpirit and penetration. Suffolk appealed to many noblemen in the houfe, 2 ee ee Se ae = Stee OSCE ee, eee eae ee ~ oA es a * Cotton, p. 641. + Catton, p.642, Hall, fol, 157. Holingfhed,, p. 631. Graf- ton, p. 607. who. H EN RY Vt 365 who knew, that he had intended to marry his fon to one of the co-heirs of the earl Chap. XXI. of Warwic, and was difappointed in his defign only by the death of that lady : And he obferved, that Margaret of Somerfet could bring to her hufband no title to the crown; becaufe the herfelf was- not fo much as comprehended in the en- tail, fettled by a& of parliament. It is eafy to account for the lofs of Normandy and Guienne from the fituation of affairs in the two kingdoms; without fuppofing | any treachery in the Englith minifters; and it may fafely be affirmed, that greater vigour of council was requifite to defend them from the arms of Charles VI{. than to conquer them at firft from his predeceffor. It could never be the intereft of any Englith minifler to betray and abandon thefe provinces; much lef of ane, who was fo well eftablifhed in his mafter’s favour, who enjoyed fuch high ‘honours and ample poffeffions in his own country, who had nothing to dread but the effects of popular hatred, and who could never think, without the moft ex- treme reluctance, of becoming a fugitive and exile in a foreign land. The only article, which carries any face of probability, is his engagement for the delivery of Maine to Charles of Anjou; but Suffolk maintained, with great appearance of truth, that this meafure was known and confented to by feveral at the council board *; and it feems hard to afcribe to it, as is done by the parliament, the fub- fequent lofs of Normandy and expulfion of the Englihh. Normandy lay open on every fide to the invafion of the French: Maine, an inland province, muft foon after have fallen without any attack: And as the Englih pofleffed in other parts more fortreffes than they could garrifon or provide for, it feemed no bad po- licy to contract their force, and to render the defence practicable, by reducing it ~ into {maller compafls. TE .commons were probably fenfible, that this charge of treafon againtt Suf_ folk would not bear a ftri&t ferutiny ; and they therefore fent up, foon after, a new charge of mifdemeanors, which they alfo divided into feveral articles. They affirmed, among other imputations, that he had procured exorbitant grants from the crown, had embezzled the public money, had conferred offices on imprope; perfons, had perverted juftice by maintaining iniquitous caufes, and had procur.. ed pardons to notorious offenders +. The articles are moftly general ; but are not improbable: And as Suffolk feems to have been a bad man and a bad minifter, it will not be rafh in us to think, that he was guilty, and that many of thefe ar- ticles could have been proved againft him. The court was alarmed at the pro- {ecution of a favourite minifter, who lay under fuch a load of popular prejudi- ces; and an expedient was fallen upon to fave him from prefent ruin. The King fent for all the lords, fpiritual and temporal, to his apartment : The prifor * Cotton, p. 643. + Cotton, p..643, . ACr 1450. His banifh- ment and death rection. 366 HISTORY ofr ENGLAND. Chav. XXL ner was produced before them, and afked what he could fay in his own defence: He denied the charge; but fubmitted to the King’s mercy: Henry exprefied him- felf not to be fatisfied with regard to the firft bill of treafons but in confideration ef the fecond of mifdemeanors, he declared, that, by virtue of Suffolk’s own fub- miffion, not by any judicial authority, he banifhed him the kingdom during five years, The~ lords remained filent; but fo foon as they returned to their own houfe, they entered a proteft, that this fentence fhould nowife infringe their pri- vileges, and that if Suffolk had infifted upon his right, and had not fubmitted voluntarily to the King’s orders, he was intitled to a trial by his peers in parlia- ment. | Ir was eafy to fee, that thefe irregular proceedings were meant to favour Suf- folk, and that, as he ftill poffeffed the Queen’s confidence, he would, on the firtt favourable opportunity, be reftored to his country, and be re-inftated in his former power and credit. A captain of a vefiel was therefore employed by his enemies to intercept him in his paflage to France: He was feized near Dover ; his head ftruck off on the fide of along boat, and_his body thrown into the fea *. No enquiry was made after the authors and accomplices of this atrocious act of violence. 2 True duke of Somerfet fucceeded to Suffolk’s power in the miniftry, and cre- dit with the Queen; and as he was the perfon, in whofe hands the French pro- vinces were loft, the public, who judge always by the event, foon made him equally the object of their animofity and hatred. The duke of York was abfent in Ire- land during all thefe tranfactions , and however it might be fufpected, that his partizans had excited and fupported the profecution of Suffolk, no immediate sround of complaint could, on that account, lieagainft him. But there happened foon after an incident, which rouzed the jealoufy of the court, and difcovered to them the extreme danger, to which they were expofed from the pretenfions of that wife and popular prince. | Tur humours of the people, fet afloat by the parliamentary impeachment, and by the fall of fo great a favourite as Suffolk, broke out in various commotions, Popular infur- which were foon fuppreffed ; but there arofe one in Kent, which was likely to have been attended with more dangerous confequences. A man of iow condition, one John Cade, anative of Ireland, who had been obliged to fly into France for his crimes, obferved on his return the difcontents of the people ; and he laid on them the foundation of projects, which were at firit attended with furprizing fuc- cefs. He took the name of John Mortimer, intending, as is fuppofed, to pafs himfelf for afon of that Sir John Mortimer, who had been fentenced to death by * Hall, fol.rs8. Hift. Croyland. contin. p. 525. Stowe, p. 388. Grafton, p. 610. parliament, - ey —_— eines Le eer ee © MOB ON «aR Yy VI. 367 parliament, and executed in the beginning: of this reign, without any trial or evi- Chap. XXi. dence, merely upon an:indiétment:of high treafon; given in againft him *, On thefirlt mention of that popular name, the common people of Kent, tothe num- ber of 20,000, flocked to Cade’s ftandard; and he excited their zeal, by pub- lifhing complaints againft the numerous abufes:of government, and demanding redrefs of their grievances. The court, not yet fully fenfible of the danger, fent a {mall force againft the rioters, under the command of Sir Humphrey Stafford, who was defeated’ and flain in‘an action near Sevenoke +; and Cade, advancing with his followers towards London, encampéd on Black-heatht Tho’ elated by his victory, he ftill maintained the appearance of moderation and fending the court a very plaufible lift of grievances t, he promifed, that, when thefe were redrefied, and when lord Say, the treafurer, and Cromer, high theriff of Kent, were punifhed for their malverfations, he would immediately lay down his ‘arms. The-council, who obferved, that nobody was willing to fight againft men fo rea; fonable in their pretenfions, carried the King, for prefent fafety, to Kenilworth : and the city immediately opened their gates to Cade, who ‘maintained, during fome time, great order and difcipline among his followers. He always led them out into the fields during the night-time and publifhed fevere' ediéts againft-plun- der and violence of every kind : But being obliged, in order to gratify their male- volence againftSay: and.Cromer; to put thefe minifters to. death.without.a leral trial§; he found, that, after the: commiffien) of ‘this icrime, he. was no longer mafter of their riotous difpofition, and that all his\orders were neglected 4. They broke intoa rich /houfe, -which they plundered 5 .and.the citizens, alarmed with this act-of violence, fhut their gates,againft.them, .and being feconded by a des tachment of foldiers, fent them-by, lord Scales,.governor of the tower, they re- pulfed.the rebels with; great flaughter:.|..., The -Kentifbmem were fo difcouraged with this blow, that, upom receiving, 4 general pardon. from the primate then chancellor, they retreated towards Rochefter, and then .difperfed. The pardon was foon after annulled, .as being extorted by violence: A. price was fet on Cade’s head :*, who was killed by one Iden,.a. gentleman of Suffex.; and many of his followers were capitally punithed for. their rebellion, "Stowe, p. 364. Cotton, p.564. “This author admires, that fuch a piece of injuftice fhould have been committed in peaceable times: He’might have added) and by fuch virtuous ptincésias Bedford and Glocefter. But it is to be prefumed, that Mortimerwas guilty; tho his condemnation was highly irregular and illegal, The people had: at this. timea very feeble fenfe of law and. a-conftitution; and power wag very imperfectly reftrained by thefe limits... When the proceedings of a parliament were {fo irregular, itis eafy toimagine, that thofe of a King would be more fo, “ oo : . NERA Te . QQ 2, a) "> attr t + Hall,’ fol-’159. - Holingthed, p. 637. [ Stowe, p. 388, 389. Holingthed; p: 63. § Grafton, p. 612, | Hall, fol. 160, + Eft. Croyl, contin. p.526, * Rymer; vol, Xi. p. 275. Ir 1450. Chap. XXI. 1450. The parties of Lancafter and York, , 368 HISTORY or ENGLAND. Ir was imagined by the court, that the duke of York had fecretly inftigated Cade to this attempt, in order to make an experiment of the difpofitions of the people towards his title and family *: And as the trial had fucceeded to his with, the ruling party had greater reafon than ever to apprehend the future confequences of his pretenfions. At the fame time, they heard that he intended to return from Ireland; and fearing, that he meant to bring an armed force along with him, they iffued orders, in the King’s name, for oppofing him, and for refufing him accefs into England +. But the duke difarmed his enemies. by coming attended with no more than his ordinary retinue : The precautions of the minifters ferved only to fhew him their jealoufy and malignity againft him; He was fenfible, that his title, by being dangerous to the King, was alfo become dangerous to himfelf : He now faw the impoffibility of remaining in his prefent fituation, and the necef- fity of proceeding forward in fupport of his claim. His partizans, therefore, were inftruéted to maintain. in all companies, his right by fucceffion, and by the eftablifhed Jaws and conftitution of the kingdom : Thefe queftions became every day more and more the fubject of converfation: The minds of men were infen- fibly fharpened againft each ‘other by difputes, before they came to more danger- ous extremities: And various topics were pleaded in fupport of the pretenfions of each party. Tue partizans of the houfe of Lancafter maintained, that tho’ the exaltation of Henry IV. might at firft be deemed fomewhat irregular, and could not be juftified by any of thofe principles, on which that prince chofe to reft his title, it was yet founded on general confent, was a national act, and was derived from ‘the voluntary approbation of a free people, who, being loofened from their alle- siance by the tyranny of the preceding government, were moved by gratitude, as well as bya fenfe of public interett, to commit the fceptre into the hands of their deliverer: That even if that eftablifhment were allowed to be at firft invalid, it had acquired folidity by time, the only principle which ultimately gives authority to government, and removes thofe fcruples, which the irregular fteps, attending almoft all revolutions, naturally excite in the minds of the people: That the righc of fucceffion was a rule admitted only for general good, and for the maintenance of public order; and could never be pleaded to the overthrow of national tran- quillity, and the fubverfion of regular eftablifhments : That the principles of li- berty, no lefs than the maxims of internal peace, were injured by thefe pretenfions of the houfe of York; and if fo many reiterated atts of the legiflature, by which che crown was entailed on the prefent family, were now invalidated, the Eneliffi, nation muft be confidered, not as a free people who could difpofe of their own * Cotton, p.661, Stowe, p. 393. + Stowe, p. 394. govern Rewiks. ee reetnereds +4 So ms _ 7 <_e~ ‘Cie. has ethene Be nt Set tied ee ~~ p a * > Ls whe ——S . bi Bit WR se VI. 369 government, but-as a troop of flaves, who were implicitly tranfmitted by fuc- Chap. XXL ceffion from one hand to another: That the nation was bound to allegiance under the houfe of Lancafter by moral, no lefs than by political duty ; and were they to infringe thofe numerous oaths of fealty, which they had fworn to Henry and his predeceffors, they would thenceforth be fo thrown loofe from all principles, that it would be found difficult ever after to fix and reftrain them: That the duke of York himfelf had frequently done homage to the King as his lawful fo- vereign, and had thereby, in the moft folemn manner, made an indire& renun. ciation of thofe claims, with which he now dared to difturb the tranquillity of the public: That even tho’ the violation of the rights of blood, made on the depo- ‘ition of Richard, was perhaps rath and imprudent, it was now too late to re. medy the mifchief; the danger of a difputed fucceffion could no longer be ob- viated ; the people, accuftomed to a government, which, in- the hands of the late King, had been fo glorious, and in that of his predeceffor, fo prudent and falu- tary, would ftill afcribe a right to it; by caufing multiplied diforders, and by thed- ding an inundation of blood, the advantage would only be obtained, of exchange. ing one pretender for another; and the houfe of York itfelf, if eftablifhed on the throne, would, on the firft opportunity, be expofed to thofe revolutions, which the giddy f{pirit, excited in the people, gave fo much reafon to apprehend: And that tho’ the prefent King enjoyed not the thining talents, which had appeared in his father and grandfather, he might ftill have a fon, who fhould be endowed With them ; he was himfelf eminent for the moft harmlefs and inoffenfive manners : and if active princes were dethroned on pretence of tyranny, and indolent ones on the plea of incapacity, there would thenceforth remain in the conftitution no fettled and eftablifhed rule of obedience to any fovereign. Tues ftrong topics in favour of the houfe of Lancafter, were oppofed by ar. guments no lefs convincing on the fide of the houfe of York. The partizans of this latter family afferted, that the maintenance of order in the fucceftion of prin- ces, fo far from incroaching on the rights of the people, or invalidating their fun. damental title to good government, was eftablithed only for the purpofes of go- vernment, and ferved to prevent thofe numberlefs confufions, which muft enfue, if no rule was followed but the uncertain and difputed views of prefent conveni. ence and advantage: That the fame maxims, which enfured the public peace, were alfo falutary to national liberty ; the privileges of the people could only be maintained by the obfervance of laws; and if no account was made of the rights of the fovereign, it could lefs be expected, that any regard would be paid tothe property and freedom of the fubject: That it was never too late to correc any pernicious precedent; an unjuft eftablifhment, the longer it ftood, acquired the Vou, IL. | 3B greater 1490. = 1 ‘ - of ef if {| ; i id rf i ‘i iu P & . mo eave’ "Re ~ _ se etc = pe 77O. HISTORY oF ENGLAWN D. hap. XXT, greater fanétion and validity ; it could, with more appearance of reafon, be o pleaded as an authority for a like injuftice and the maintenance of it, inftead of favouring public tranquillity, tended to disjoint every principle, by which human fociety was fupported : That ufurpers would be happy, if their prefent poffeflion of power, or their continuance for a few. years, could convert. them into legal princes; but nothing would be more miferable than the people, if all reftraints on violence and ambition were thus removed, and a full fcope given to the attempts of every turbulent innovator: That time indeed beftowed a folidity on govern- ment, whofe firft foundation was the moft infirm; but 1t required a long courfe of time to operate this effect, and the total extinction of thofe claimants, whole title was built on the original principles of the conftitution : That the depofition of Richard, and the advancement of Henry IV. were not deliberate national acts ; but the refult of the levity and violence of the people, and proceeded from thofe very defects in hyman nature, which the eftablifhment of political fociety, and of an order in fucceffion, was calculated to. prevent - That the fubfequent entails of the crown were a continuance of the fame violence and ufurpation; they were no, > ratified by the legiflature, fince the confent of the rightful King was ftill wanting , and the acquiefcence, firft of the family of Mortimer, then of the family of York, proceeded from prefent neceffity, and implied no renunciation of their preten- fons: That the reftoration of that order of fucceffion, could not be confidered as a change, which familiarized the people to revolutions ; but as a correction of former changes, which had itfelf encouraged the giddy fpirit of innovation, re- bellion, and difobedience : And that as the original title of Lancafter ftood only, in the perfon of Henry IV. on prefent convenience, even this principle, unjufti- Gable asit was, when not. fupported by laws, and warranted by the conftitution, had now entirely gone over to the other fide; nor was there any comparifon be- tween a prince utterly unable to fway the fcepter, and governed entirely by cor- rupt minifters, or by an imperious Queen, engaged in foreigo and hoftile inter- efts; anda prince of mature years, of approved wifdom and experience, a native of England, the lineal heir of the crown, who by his reftoration would replace every thing on their antient foundations. -So many plaufible arguments could be urged on both fides of this interefting queftion, that the people were extremely divided in their fentiments; and tho’ the noblemen of greateft power and ‘nfluence feem to have embraced the party of York, the oppofite caufe had the advantage of being fu pported by the prefent laws, and by the immediate poffeffion of royal authority. There were alfo many great noblemen of the Lancaftrian party, who balanced the power of their anta- eonifts ; and kept the nation in fufpence between them. ‘The earl of Northum- berland “~ NS Oil i et ls a ea eee | ee 2 eet rel Se Bene a fey ane S t= ~ nj a > ¥ m > Lr cl eee ee ee Ph. FESS. IN SER oO: ae 371 berland adhered to the prefent government: The earl of: Weftmoreland, in {pite Chap. XXI. of his connections with the duke of York, and with the family of Nevil,of which 45° he was the head, was brought over tothe fame party ; and the whole north of England, the moft warlike part of the kingdom, was, by means of thefe two potent noblemen, engaged warmly in the interefts of Lancafter. Edmund Beaufort, duke of Somerfet, and his brother Henry, were great fupports of that caufe; as were alfo Henry Holland, duke of Exeter, Stafford, duke of Buckingham,. the earl of Shrewfbury, the lords Clifford, Dudley, ‘Scales, Audley, and other noblemen. | Wuite the kingdom was in this fituation, it might naturally be expected, that fo many turbulent barons, poffefled of fo much independant authority, would immediately have flown to arms, and have decided the quarrel, after their ufual manner, by war and battle, under the ftandard of the contending princes. But there were ftill many caufes, which retarded thefe defperate extremities, and made a long train of faction, intrigue and cabal, precede the military operations- By the gradual progrefs of arts in England, as well as in other parts of Europe? the people were now become of fome confequence; laws were beginning to be refpected by them ; and it was requifite, by various pretences, previoufly to re- concile their minds to the overthrow of fuch an antient eftablifhment as that of the houfe of Lancafter, ere their concurrence could reafonably be expected. The duke of York himfelf, the new claimant, was of a very moderate and. cautious character, an enemy to violence, and inclined to truft rather to time and policy, than to fanguinary meafures, for the fuccefs of his pretenfions. The very imbe- - cillity itfelf of Henry tended to keep the factions in fufpence, and made them {tand long in awe of each other: It rendered the Lancaftrian party unable to ftrike any violent blow againft their enemies; it encouraged the Yorkifts to hope, that, after banifhing the King’s minifters, and getting poffeffion of his perfon, they = might gradually undermine his authority, and be able, without the perilous experiment of acivil war, to change the fucceffion, by parliamentary and le authority. gal aia” t. . ‘eo '" a y : / (. i rival of the duke of York from Ireland, favoured thefe expectations, and both di covered an unufual boldnefs in the commons, and were a proof of the general dif-°" Novrs Tue difpofition, which appeared in a parliament, aflembled foon after the ar contents which prevailed againft the adminiftration. The lower houf, without any previous enquiry or examination, without alledging any other caufe than common fame, ventured to prefent an addrefs againft the duke of Somerfet, the dutchefs of Suffolk, the bifhop of Chefter, Sir John Sutton lord Dudley, and feveral 3B 2 others Cy 372 HISTORY or ENGLAND. Chap. XXI. others of inferior rank; and they prayed the King to remove them for ever from 145%" his perfon and ‘councils, apd to prohibit them from approaching within twelve miles of the court *. -This was a violent attack, fomewhat arbitrary, and fup- ported but by few precedents, againft the miniftry ; yet the King durft not en- tirely and openly oppofe it: He replied, that, except the lords, he would banifh all the others from court during a year, unlefs he had occafion for their affiftance in fuppreffing any rebellion. At the fame time, he rejeéted a bill, which had paf- fed both houfes for attainting the late duke of Suffolk, and which difcovered a very general prejudice againft the meafures of the court. F . ‘ NG eT em Tur duke of York, trufting to thefe fymptoms, raifed an army of 10,000: 1452. 4 mien, with which he marched towards London; demanding a reformation of the * ple hoe government, and the removal of the duke of Somerfet from all his power and the duke of authority +. He found unexpectedly the gates of the city fhut againft him; and ier on his retreating into Kent, he was followed by the King at the head of a fuperior army; in which feveral of Richard's friends, particularly Salifbury and Warwic, appeared ; probably with a view of mediating between the parties, and of fecond- ing, on occafion, the duke of York’s pretenfions. A parley enfued, Richard full infifted upon the removal of Somerfet, and his fubmitting to a trial in parlia- ment: The court pretended to comply with his demand; and that nobleman was put under arteft: The duke of York was then perfuaded to pay his refpects to the King in his tent; and on repeating his charge againft the duke of Somer- fet, he was furprized to fee that minifter {tep from behind tie curtain, and offer | to juftify his innocence. Richard now found, that he was betrayed ; that he was , ‘1 the hands of his enemies; and that it was become neceflary, for his own ; fafety, to lower his pretenfions. No violence, however, was attempted againft ” him : The nation was not in a difpofition to bear the deftruction of fo popular a prince: He had many friends in Henry’sarmy : And his fon, who was not in z che power of the court, might fill be able to revenge his death on all his enemies : He was therefore difmiffed; and he retired, to his feat at Wigmore on the borders of Wales {. Wuite the duke of York lived in this retreat, there happened an incident, which, by encreafing the public difcontents, proved favourable to his hopes, Several Gafcon lords, affectionate to the Englifh govetnment, and difguifted “a with the new dominion of the French, came to London, and offered to return | to their allegiance under Henry . ‘The ear! of Shrewfbury, with a body of 8000. re a f ° — , ee OR ee Oe ES wm '* Parliamentary Hiftory, vol. ii. ps 203. + Stowe, p. 394- t Grafton, p. 620, | Holingfhed, p. 040. ; 4 men, | _ ¥ “ “Se —~ . - - — ee Oi ger LA he > HE NG Ree Se 373 men, was fent over to fupport them. Bourdeaux opened its gates to him: He made himfelf matter of Fronfac, Caftillon, and fome other places: His affairs bore for fome time a profperous afpect : But as King Charles haftened to refift this dan- gerous invafion, the fortunes of the Englifh were then reverfed ; Shrewfbury, a ve- nerable warrior above eighty years of age, was killed in battle ; his conquefts were loft; Bourdeaux was again obliged to fubmit to the French king*; and all hopes of recovering that province were for ever extinguithed, Txo’ the Englifh might deem themfelves happy to be fairly rid of diftant domi- nions, which were of no ufe to them, and which they never could defend againtt the growing power of France; they expreffed great difcontent on this occafion ; and they threw all the blame on the miniftry, who had not been able to effect impoffibilities. While they were in this difpofition, the birth of a fon to Henry, who was baptized under the name of Edward, was deemed no joyful incidents and as it removed all hopes of the peaceable fucceflion of the duke of York, who was otherwife, in the right of his father, and by the laws enacted fince the accéffion of the houfe of Lancafter, next heir to the crown, it had rather a ten- dency to inflame the quarrel between the parties. But the duke was incapable of violent councils ; and even when no vifible obftacle lay between him and the throne, he was prevented by his own fcruples from mounting it. Henry, always unfit to éxercife the government, fell at this time into a diftemper, which fo far encreafed his natural imbecillity, that it rendered him incapable of maintain- ing even the appearance of royalty. The queen and the council, deftitute of this fupport, found themfelves unable to refift the York party ; and they were obliged to yield to the torrent. They fent Somerfet to the Tower; and appointed Richard lieutenant of the kingdom, with powers to open and hold a feffion of parliament t. That aflembly alfo, taking into confideration the ftate of the kingdom, created him protector during pleafure. Men, who thus entrufted royal authority to one, who had fuch evident and ftrong preten%ons to the crown, were not furely averfe to his taking immediate and full poffeffion of it. Yet the duke, iaftead of pufhing them to make farther conceffions, appeared fomewhat timid and irrefolute even in receiving that power which was tendered to him. He defired, that it might be recorded in parliament, that this authority was conferred on him of their own free motion, without any application. on his part: He exprefied his hopes, that they would affift him in the exer cife of it: He made it a condition of his acceptance, that the other lords, who were appointed to be of his council, fhould alfo accept of that truft, and fhould exercife it: And he required, that all the powers of his office fhouia be # Polyd. Virg. p. sor. Grafton, p. 623. + Rymer, vol. xi. p. 344. Chap, XXT, 1453- 20th July, 13th Ogtober. Chap. XXI. 1454+ 1455: “I B44 HS Tee kh YY: oF ENGLAND. fpecified anc defined by act.of parliament. This moderation of Richard was cer- tainly very unufual and Very. amiable; but it was attended with bad cohfequences : the prefent ftate of affairs, and by siving time for the animofities of faction +o arife and ferment, it proved the fource of all thofe furious wars and commo- tions, which enfued. Tur enemies of the duke of York foon found it in their power to make advan- tage of his exceflive’ caution. Henry having fo far recovered from his diftem- per, as to carry the appearance of exercifing the royal power; they moved him t6 refume his authority, to annul the regency of the duke, to releafe Somerfet . from the Tower *, and to commit the adminiftration into the hands of that no- bleman.. Richard, fenfible of the dangers, which might attend his former ac- ceptance of the parliamentary commiffion, fhould he fubmit to the annulling of - ity levied an army; but {till without advancing any pretenfions to the crown. He complained only of the king’s minifters, and demanded a reformation of the Firft battle of Government. A battle was fought at St. Albans, in which the Yorkifts were St. Albans. 22d May. 4 f b | oth July. fuperior, and without fuffering any lofs on their fide, flew above 5000 of their enemies ; among whom were the duke of Somerfet, the earl of Northumberland, the earl.of Stafford, eldeft fon to the duke of Buckingham, lord Clifford, and many other perfons of diftin@tion +. The King himfelf fell into the hands of the duke of York, who treated him with great refpect and tendernefs: He was only obliged (which ‘he regarded as no hardfhip) to commit the whole authority of the crown into the hands of his rival. Tus was the firft blood fpile in that fatal quarrel, which was not finifhed “1 lefs than a courfe of thirty years, which was fignalized by twelve pitched battles, which opened a fcene of extraordinary fiercenefs and cruelty, is computed to have coft the lives of eighty princes of the blood, and almoft entirely annihilated the antient nobility of England. The ftrong attacoments, which, at that time, men of the fame kindred bore to each other, and the vindictive {pirit which was confidered as a point of honour, rendered the great families implacable in their re- fentments, and widened every moment the breach between the parties. Yet af- fairs did not immediately proceed to the lat extremities: The nation was kept for fome time in fufpence: The vigour and fpirit of Queen Margaret, fup- porting her {mall power, ftill proved a ballance to the great authority of Richard, which was checked by. his irrefolute temper. A parliament, which was foon after affembled, difcovered plainly, by the contrariety of their proceedings, the contra- * Rymer, vol. xi. p. 361. Holin thed, p. 642. Grafton, p. 626. 4+ Stowe, D. 20Q- y P re, £ p : = ’ a ¢f 39 } ’ Holingfhed, p. 643. riety yea 5 ee ee - ¥ \ Sins, sip ii sl geil i tm = mre os ee ius . the Oe ey =? Be yet A UR VI. 276 riety of the motives, by which they were actuated. They granted the Yorkifts a general indemnity; and they reftored the protectorfhip to the duke, who in accepting it, ftill a in all his former precautions: But at the fame time, they renewed their oath of fealty to Henry, and fixed the continuance of the . protectorfhip to the majority of his eldeft-fon Edward, who was vefted in the ufual dignities of prince of Wales, duke of Cornwal, oa earl of Chefter. The only decifive act, paffed by this parliament, wasa full refumption of all the erants, which had been made fince the death of Henry V. and which had re- duced the crown to the moft {candalous poverty. ir was not found difficult to wreft power from hands: fo little tenacious as thofe of the duke of York. Margaret, availing herfelf of that prince’s abfence, pro- duced her hufband before the houfe of lords: ; and as his ftate of health permitted him at that time to act his part with fome tolerable Seetney he declared his Intentions to refume the government, and to put an end to Richard’s authority. This meafure, being unexpected, was not oppere by the contrary party: The houfe of lords, who were many of them difgufted with the late act of refumption, aliented to. Henry’s propofal: And the King was accordingly declared to be re- inftated in his fovereign saslueeia The duke of York even acquiefced in this irregular act of the peers; and no difturbanceenfued. But that prince’s claim to the crown was too well known, and the tieps, which he had taken to promote it, were too evident, ever toallow fincere truft and confidence to have place be- tween the parties. The court retired to Coventry, and | invited the duke of York and the earls of Salifbury and Warwic to attend the King’s perfon. As they were on the i; they received intelligence, that defigns were formed by their enemies againit their liberties and lives. They immediately feparated themfelves : Richard withdrew to his caftle of Wigmore inthe county of Hereford : Salifbury to Middieham in Yorkfhire: And W arwic to his government of Calais, which had been committed to him after the battle of St. Albans, and which, as it gave him the command of the only regular military force maintained by Biigliid, was of the utmoft importance in the prefent juncture. Still, men- of peaceable dif- pofitions, and among the reft Bourchier, archbifhop of Canterbury, thought it not too late to interpofe with their good offices, in order to prevent that effufion of blood, with which the kisedom was threatened; and the awe, in which each party ftood of the other, rendered their mediation for fome time fuccefsful- - ~ 3 eo} r & ia , , > ; i A ay 4 ~ '% ~ a" 7 F ¢ a Was agree, that all the ; oreat leaders on both fides fhould meet in i,.ondon nd | ly | Tae | ‘The Ti TF yf Y -le 4 bate his mart? +7 2 ne thit = d be fole monary rec onciued. be Oe duke of York and his pariizans Came tn ther ? with humerous retinues, and took up their quarters near each other for mutual 2 fecurity. A te Chap, X 14 ~ > | 14566 we © 9) 7 Chap. XXI. 1458. 1459. 46 202CCiCH STOR ¥ or ENGLAND. . fecurity. ‘The chieftains of the Lancaftrain party ufed the fame precaution. The mayor, at the head of 5000 men, kept a ftri& guard, night and day; and was extremely vigilant in maintaining peace between them *, Terms were adjufted, which took not away the ground of difference. An outward reconciliation only was procured: And in order to notify this accord to the whole people, a folemn proceffion to St. Paul's was appointed, where the duke of York led queen Mar- garet, and a chieftain of one party marched hand in hand with a chieftain of the oppofite+. The lefs real cordiality prevailed, the more were the exterior de- monftrations of friendfhip and amity redoubled. But it was evident to all men of fenfe, that a conteft for a crown could not thus be peaceably accommodated ; that each party only watched for an opportunity of fubverting the other; and that much blood muft yet be fpilt, ere the nation could be reftored to perfect tranquillity, or enjoy a fettled and eftablifhed government. Even the fmalleft accident, without any formed defign, was fufficient, in the prefent difpofition of mens minds, to diffolve the feeming amity between the parties ; and had the intentions of the leaders been ever fo amicable, they would have found it difficult to reftrain the animofity of their followers. One of the "King’s retinue infulted one of the earl of Warwic’s: Their companions on each Battle of Blore-heath. 23d Sept. fide took part in the quarrel: A fierce combat enfued: The earl apprehended his life to be aimed at: He fled over to his government-at Calais {; and both par- ties, in every county of England, openly made preparations for deciding the conteft by war and arms. Tue earl of Salifbury, marching to join the duke of York, was overtaken, at Blore-heath on the borders of Staffordfhire, by lord Audley, who commanded much fuperior forces; and a {mall rivulet with fteep banks ran between the two armies. Salifbury here fupplied his defect in numbers by ftratagem ; a refine. ment, of which there occur few inftances in the Englifh civil wars, where a headlong courage, more than military condudt, is commonly to be remarked. He feigned a retreat, and allured Audley to follow him with precipitation ; But when part of the royal army had pafied the brook, Salifbury fuddenly turned upon them; and partly by the furprize, partly by the divifion of the enemies forces, put them to rout: The example of flight was followed by the reft of the army: And Salifbury, obtaining a complete victory, reached the general rendez- vous of the Yorkifts at Ludlow §, a * Fabian Chron. anno 1458. The author fays, that fome lords brought goo retainers, fome 600, none lefs than 400, -See alfo Grafton, p. 633. + Holingfhed, p. 648. Polyd. Virg- p. 506, Grafton, p. 634. t Grafton, p. 635. § Holingfhed, p. 649. Grafton, p. 936. THe iw Te) i=? [| 7, aml = »- fm Bon oe ey VI. 377 Twe earl of Warwick brought over to this rendezvous a choice body of vete- Chap. xxt rans from Calais, on whom, it was thought, the fortune of the war would much 456. E depend ; but this reinforcement proved, in the iffue, the ruin of the duke of York’s party. When the royal army approached, and a general action was every hour expected, Sir Andrew Trollop, who commanded the veterans, deferted to. the King in the night-time ; and the Yorkifts were fo difmayed by this inftance- of treachery, which made every man apprehenfive of his fellow, that they feparated next day without ftriking a ftroke*: The duke of York fled to Ireland: The earl of Warwick, attended by many of the other leaders, efcaped to his govern-. ment of Calais; where his great popularity among all orders of men ‘in the king- dom, particularly among the military, foon drew to him partizans, and rendered’ his power very formidable. The friends of the houfe of York in England kept’ themfelves every. where in readinefS to rife .on the firft fummons from their leaders. AFTER meeting with fome fucceffes at fea, Warwic landed in Kent, with the 1460. earl of Salifbury, and the earl of Marche, eldeft fon to the duke of York » and’ being met by the primate, the lord Cobham, and other perfons of diftinétion, he marched, amidft the acclamations of the people, to London. The city immedi: ately opened its gates to him; and his troops encreafing on every day’s march, he foon found himfelf in a condition to face the royal army, which haftened from Coventry to attack him. The battle was fought. at Northampton ;-and was foon ae decided againft the royalifts by the infidelity of lord Grey of Ruthin, who, com- Northamp- manding Henry’s vanguard, deferted to the enemy during the heat of adtion en and {pread a confternation thro’ the troops. The duke of Buckingham, the ear] ree of Shrewi{bury, the lords Beaumont and Egremont, and Sir William Lucie were killed in the action or purfuit : The flaughter fell chiefly on the gentry and nobi- lity; the common people were {pared by orders of the earl of Warwick ang’ Marche +. Henry himfelf, that empty fhadow of a King, was again taken prifoner ; and as the innocence and fimplicity of his manners, which bore the appearance of fanctity, had procured him the tender regard of the people {, the earl of War- wic and the other leaders took care to diftinguifh themfelves by their. refpeétful demeanor towards him. A parliament was fummoned in the King’s name, and met at Weftminfter 3-4 i: ment where the duke of York foon after appeared from Ireland. This prince had ne- th Oaober. ver hitherto advanced openly any claim to the crown: He. had only complained of ill minifters,, and demanded a redrefs of grievances: And even in the prefent: * Holingfhed, p. 650, Grafton, p.537. + Stowe,p, 409, } Hall, fol. r69. Grafton, ps 593. Vou. HW, 3. C crifis, . Chap: XXI. 1460, 378 HISTORY’ or ENGLAN D. | crifig, when the parliament was furrounded by his victorious army, he fhowed fach a regard to, law and liberty, as is very unufual during the prevalence of a © party in any civil diflenfions ; and was ftill lefs to be expected, in thofe violent and licentious times. He advanced. towards the throne; and being met by the ry archbifhop of Canterbury, who afked him, whether he had yet paid his refpects to the King? he replied, that he knew of none to whom he owed that title. He then. ftood near the throne *, and addrefling himfelf to the houfe of peers, he gave them a deduction of his title by defcent, mentioned the cruelties by which the houfe of Lancafter had paved, at firft their way to fovereign power, infifted on the calamities which had attended the government of Henry, exhorted them to return into the right path, by doing juftice to the lineal fucceffor; and thus plead- ed his caufe before them as his natural and lawful judges +. ‘This cool and mo- derate manner of demanding a crown, intimidated his friends and encouraged his enemies : The lords remained in fufpence £; and no one véntured to utter a word on. this occafion. Richard, who had. probably expected, that the peers would have invited him to place himfelf on the throne, was much difappointed at their filence , but defiring them to reflect on what he had propofed to them, he depart- ed the houfe. The peers took the matter under confideration, with as great tran- guillity, as if it had been a. common fubje& of debate: They defired the afiift- ance of fome confiderable members among the commons in their deliberations : They heard, in feveral fucceffive days, the reafons alledged for the duke of York: They even ventured to propofe objections to his claim, founded on former entails of the crown, and on the oaths of fealty fworn to the houfe of Lancafter §. They alfo obferved, that, as Richard had all along borne the arms of York, not thofe of Clarence, he could not claim as fucceffor to the latter family : And after receiving anfwers to thefe objections, derived from the violence and power by which the houfe of Lancafter fupported their prefent poffeffion of the crown; they ventured at laft to pronounce a decifion, . Their fentence was calculated, as far as poflible, to pleafe both parties : They declared the title of the duke of York to be certain. and indefeafible; but in confideration, that Henry had enjoyed the crown, without difpute or controverfy, during the courfe of thirty-eight years, chey determined that he fhould continue to poflefs the title and dignity during the remainder of his life; that the adminiftration of the sovernment, meanwhile, - fhould remain with Richard, that he fhould be acknowledged the true and lawful heir of the monarchy, that every one fhould twear to maintain his fucceflion, that it fhould be treafon to attempt his life, and that all former fettlements of the * Hollingfhed, p. 655. + Cotton, p. 66s. Grafton, p. 643- ¢ Hollingfhed, p. 657: Grafton, p. 645. § Cotton, p. 666, crown, el 4, ae ee ee ' a - »% net HB NaN ee 379 crown, in this and the two laft reigns, thould be abrogated and refcinded *. The Chap. XXI, duke of York acquiefced in this decifjon: Flenry himfelf, being a prifoner, could not oppofe it: Even if he had enjoyed his liberty, he would not probably have felt any violent reluctance againft it: And the a& thus pafied with the unanimous eonfent of the whole legiflative body. Tho’ the mildnefs of this compromife is chiefly to be afcribed to the moderation of the duke of York, it is impoffible not to obferve in thofe tranfactions vifible marks of a higher regard to law, and a more fixed authority, enjoyed by parliament, than has appeared in any former period of Englifh hiftory. It is probable, that the duke of York, without employing either menaces or violence, could have obtained from the commons a fettlement more confifteny and uniform: But as many, if not all the members of the upper houfe, had re- ceived grants, conceffions, or dignities, during the latt fixty years, when the houfe of Lancafter was poflefled of the governinent, they were afraid of inva. lidating their own titles by too fudden and violent an overthrow of that family ; and in thus temporizing between the parties, they fixed the throne on a bafis, up- on which it could not poffibly ftand. The duke, apprehending his chief dan- ger to arife from the genius and fpirit of Queen Margaret, fought a pretence for banifhing her entirely the kingdom ; and for that purpoie, he fent her, in the King’s name, a fummons to come immediately to London ; iatendine. in cafe of ng, her difobedience, to proceed to extreimities againft her. - But the queen needed not this menace to excite her activity in behalf of the rights of her family. After the defeat of Northampton, fhe had fled with her infant fon to Durham, and from thence to Scotland; but foon returning, fhe applied to. the northern barons, and employed every motive to procure their affiftance. Her affability, infinuations and addrefs, qualities in which fhe excelled ; her careffes, her promifes wrought a powerful effect on every one who approached her: The admiration of he, great qualities was. fucceeded by compaflion towards her helplefs condition : Fhe nobility of that quarter, who regarded themfelves as the moft warlike of the kingdom, were moved by indignation to find the fouthern barons difpofe of the crown and fettle the government: And that they might allure the people to. their ftandard, they promifed them the fpoils of all the provinces on the other fide the Trent. By thefe means, the Queen had colleéted an army twenty thoufand Tue duke of York, informed of her appearance im the north, haftened thither with a body of 5000 men, to fupprefs, as he imagined, the beginnings of an 2 se a | ON oP “I * Cotton, p. 666. Grafton, ~ ad "oid 2 INiuUra- 1400. Cy 380 Hts TORY Br ENGLAND. Chip. XXI. infurrection ; when, on his arrival at Wakefield, he found himfelf fo much out- 1460. numbered by his enemies. Hethrew himfelf into Sandal caftle, which was fitu- ated in the neighbourhood ; and he was advifed by the earl of Salifbury, and other prudent counfellors, to remain in that fortrefs, till his fon, the earl of Marche, who was levying forces in the borders of Wales, could advance to his affiftance *. But the duke, tho’ deficient in political courage, pofieffed perfonal bravery to an eminent degree; and notwithftanding all his wifdom and experience, he thought, that he fhould be forever difgraced, if, by taking fhelter behind walls, he fhould Battle of for a moment refign the viclory to a woman. He defcended into the plain, and Wakefield. offered battle to the enemy, which was inftantly accepted. The great inequality 24th Decem. ¢ ber was fufficient alone to decide the victory ; but the Queen, by fending a detachment, who fell on the back of the duke’s army, rendered her advantage Death of the ftill more certain and undifputed. The duke himfelf was killed in.the aétion ; duke of York. and as his body was found among the flain, the head was cut off by Margaret’s orders, and fixed on the gates of York, with a paper crown upon it, in derifion of his pretended title. His fon, the earl of Rutland, a youth of feventeen, was brought to lord Clifford; and that barbarian, in revenge of his father’s death, who had perifhed in the battle of St. Alban’s, murdered, in cold blood, and with his own hands, this innocent prince, whofe exterior figure, as well as other ac- complifhments, are reprefented by hiftorians as extremely amiable. The earl of Salifbury was wounded and taken prifoner, and immediately beheaded, with feve- ral other perfons of diftin¢étion, by martial law at Pomfret +. There fell near three thoufand of the Yorkifts in this battle : The duke himfelf was greatly and juttly lamented by his own party; a prince who furely merited a better fate, and whofe errors in conduét proceeded entirely from fuch qualities, as render him the more an object of efteem and affection. He perifhed in the fiftieth year of his age, and left behind him three fons, Edward, George, and Richard, with three daughters, Anne, Elizabeth, and Margaret. Tue queen, after this important victory, divided her army, and fent the rr fmaller divifion under Jafper Tudor, ear] of Pembroke, half brother to the King, againft Edward, the prefent duke of York. She marched herfelf with the larger . divifion towards London, where the earl of Warwic was left with the command of the Yorkifts. “Pembroke was defeated by Edward at Mortimer’s Crofs in EET Herefordshire with the lofs of near 4000 men: His army was difperfed ; he himf{elf mers crofs, escaped by flight ; but his father, Sir Owen Tudor, was taken prifoner, and im- mediately beheaded by Edward’s orders. This barbarous practice, being once ® Stowe, p. 412. + Polyd. Virg. p. 510. begun, pious: tole aa — vee & eye * ee ee ae ee ee a — Tee * ihe 2 ho RS Vi; a8 ) begun, was continued by both parties, from revenge, which covered itfelf under the pretence of retaliation *, | Marcaret compenfated this defeat by a victory which fhe obtained over the earl of Warwic. That nobleman, on the approach of the Lancaftrians, led out his army, re-inforced by a ftrong body of the Londoners, who were very affcc- tionate to his caufe; and he gave battle to the Queen at St. Albans. While the armies were warmly engaged, Lovelace, who commanded a confiderable body of the Yorkifts, treacheroufly withdrew from the combat; and this difhonourable action, of which there are many inftances in thefe civil wars, decided the victory in favour of the Queen, About 2300 of the Yorkifts perifhed in the battle and flight; and the perfon of the King fell again into the hands of his own party. This weak prince was fure to be almoft equally a prifoner whichever party had the keeping of him; and fcarce any more decorum was obferved by the one than by the other in their method of treating him. Lord Bonville, to whofe care he had been entrufted, ftaid with him after the defeat, on affurance of pardon, given him by Henry : But Margaret, regardlefs of her hufband’s promife, ordered immediately the head of that nobleman to be ftruck off by the executioner+. Sit Thomas Kiriel, a brave warrior, who had fignalized himfelf in the French wars» was treated in the fame inhuman manner. THe Queen made no great advantage of this victory: Young Edward ad- vanced upon her from the other fide; and collecting the remains of Warwic’s army, was foon in a condition’ of giving her battle with fuperior forces. She was fenfible of her danger, if fhe lay between the enemy and the city of London; and fhe found it neceffary to retreat with her army to the north +. Edward en- tered London amidft the acclamations of the citizens, and immediately opened a new fcene to his party. This prince, in the bloom of youth, remarkable for the beauty of his perfon, for his bravery, his activity, his affability, and every popu- lar quality, found himfelf fo much poffeffed of public favour, that, elated with the fpirit, natural to his age, he refolved no longer to confine himfelf within thofe narrow limits, which his father had prefcribed to himfelf, and which had been found by experience fo prejudicial to his caufe. He determined to affume the name and dignity of King ; to infift openly on his claim; and thenceforth, to treat the oppolite party as traitors and rebels to his lawful authority. But as a na- tional confent, or the appearance of it, feemed, notwithftanding his plaufible title, to be till requifite to precede this bold meafure; and as the affembling a parliament might occafion too many delays, and be attended with other inconve- niencies, he ventured to proceed in a lefs regular manner, and to put it out of the ® Hollinghhed, p. 660. Grafton, p. 650, + Hollingthed, p. 660, t Grafton, p. 652, 4 power Chap. XX¥, 1461. Second battle of St. Albans. = mi + ve +P ee Ot eae mm : rs “ 7 ? = i A 8 ne | , i ’ y y a be ‘“ a Oi. a . a oi 4 * xq 7 ra { 38e. - HISTORY or ENGLAND. ee als ny was ordered to aflemble in St. John’s Fields ; infinite numbers of people fur- rounded them y an harangue was pronounced to this mixed multitude, fetting forth the title of Edward, and inveighing againft the tyranny and ufurpation of the ri- val family ; and the people were then afked, whether they would have Henry of Laneafter for King? They univerfally exclaimed againft the propofal. It was then demanded, whether they would accept of Edward, eldeft fon of the late duke of York? They expreffed their confent with loud and joyful acclamations*. ~ i Edward IV. A great number of bifhops, lords, maciftrates, and other perfons of diftinétion,, aflumes the Were then afflembled at Baynard’s caftle, who ratified the popular election ; and : wage the new King was next day proclaimed in London, under the name of Ed- | sth March. ward IV 7. a Pe ree were ree, Chap. XXE; power of his enemies to throw obftacles in the way of his advancement. His L401, ee eee ee In this manner, finifhed the reign of Henry VI, a monarch, who, while yet in his cradle, had been proclaimed King both of France and England, and who * began his life with the moft {plendid profpeéts, which any prince in Europe had ever enjoyed. The revolution was unhappy for his people, as it was the fource of civil wars; but was almoft entirely indifferent to Henry himfelf, who was ut- terly incapable of exercifing his authority, and who, provided he met perfonally with good ufage, was equally eafy, as he was equally enflaved, in the hands of his enemies and of his friends. His weaknefs and his difputed title were the. chief —-caufes of the public misfortunes: But whether his Queen, and his minifters, were not alfo guilty of fome great abufes of power, it is not eafy for us at this dif- tance to determine: There remain no proofs on record of any confiderable vio- | lation of the laws, except in the death of the duke of Glocefter, which was a ‘ private crime, formed no precedent, and was but too much of a piece with the . ufual ferocity and cruelty of the times. | f Mifcellaneous THE moft remarkable law, which paffed in this reign, was that for the due | onrroies eletion of members of parliament in counties. After the fall of the feudal fyf- * "tem, the diftinction of tenures was in a great meafure loft ; and every freeholder, as well thofe who held of mefne lords, as the immediate tenants of the crown, were by degrees admitted to give their votes at elections. ‘This innovation was confirmed by a law of Henry 1V t; which gave right to fuch a multitude of electors, as was the occafion of great diforder. In the eighth and tenth of this King, therefore, laws were enacted, limiting the electors to fuch as pofleffed forty fhillings a year in land, free from all burthen, within the county §. This * Stowe, p. 415. Hollingtheds p. 661. + Grafton, p. 653. { Statutes at large, 4 Henry IV. cap. 15. § Statutes at large, 8 Henry VI. cap. 7. 10 Henry VI, Cap. 2. fum ee rere ee H Ei ENR, oe VI. oo. RR fum was cquivalent to near twenty pounds a year of our prefent money ; and it were to be wifhed, that the {pirit, as well as letter of this law, had. been maintained. Lue preamble of the flatute is remarkable: ‘* Whereas the elections of knights, «¢ have of late, in many counties of England, been made by outrageous, and excet _ © five numbers of people, many of them of fmall fabftance and: value, yét pre> ‘* tending to a right equal to the beft knights and e{quires ; whereby manflaugh. “* ters, riots, batteries, and divifions among the gentlemen and other people of “€ the fame counties, fhall very likely rife and be, unlefs due remedy be provided “* in this behalf, @e.”. We may learn from: thefe expreffions. what am impor- tant matter the election of a member of parliament was now become in England . That, aflembly was beginning in this period to afflume great authority : Thecom- mons had it much in their power to enforce the execution of the laws; and if they failed in their duty, in this particular, it proceeded lefs from any exorbitan¢ power of the crown, than from the'licentious {pirit of the ariftocracy, and perhaps from the rude education of the'age, and their own want of a due fenfé of the advantages refulting from a regular adminiftration of juttice. Wuen the duke of York, the -earls of Salifbury and Warwic, fled the king- dom upon the defertion of their troops, a parliament was fummoned at Coventry in 1460, by which they were all attainted. This parliament feems to have been very irregularly conftituted, and fcarcely deferves the name: Infomuch, that an act pafied in it, ‘* that all fuch knights of any county, as were returned by vir- ** tue of the King’s letters, without any other election, fhould be valid, and tha* ‘‘ no fheriff, for returning them, fhould incur the penalty of the ftatute of Hen- “ry lV *.’ All the acts of that parliament were afterwards reverfed ; ‘* be. © caufe it was unlawfully fummoned, and the knights and barons not duly cho- chai (oj tas Tne parliaments in this reign, inftead of relaxing their vigilance againit the ufurpations of the court of Rome, endeavoured to enforce the former ftatutes enacted to that purpofe. The commons petitioned, that no foreigner fhould be capable of any church preferment, and that the patron might be allowed to pre- fent anew upon the non-tefidence of any incumbent f: But the King eluded thefe petitions. Pope Martin wrote him a fevere letter again{t the ftatute of provifors ; which he calls an abominable ftatute, that would infallibly damn every one, who oblerved it §. The cardinal of Winchefter was legate; and being alfo a kind of prime minifter, and immenfely rich from the proftts of his clerical dignity, the parliament became jealous of his extending the papal power; and they proteited, that the * Cotton, p. 664. T Statutes at large, 39 Henry VI. cap. I. t Cotton, p. 585, $ Burnet’s ColleGtion of Records, vol. i. p.-g9. : ; cardinal 3 Chap. XXIs ¥461, ! ; 4 i ‘he. 3% ¢ - H i 4 a ’ ye \ rw r Pe yh RRIERENEOET Ww uci - oa ren are. £ t | : Chap. XXI. 1461. 384 “HISTORY or ENGLAND. cardinal fhould abfent himfelf in all affairs and councils of the King, whenever the Pope or fee of Rome was touched upon *. Permission was given by parliament to export corn when it was at low prices 5 wheat at fix fhillings and eight pence per quarter, money of that age; barley at three fhillings and four pence. t appears from thefe prices, that corn ftill re- mained at about half of its prefent values tho’ other commodities were much cheaper. The inland commerce of corn was alfo opened inthe eighteenth of the King, by allowing any collector of the cuftoms to give a licence for carrying it from one county to another {. The fame year a kind of navigation act was pro- pofed with regard to all places within the Streights ; but the King rejected it §. Tur firft inftance of debt contracted upon parliamentary fecurity occurs in this. reign |]. * Cotton, p. 593. + Statutes at large, 15 Henry VI. cap. 2. 2 Henry VI. caps. 6. Be, 15 y ; 3 P t Cotton, p. 625. § Cotton, p. 626. H Cotton, p- 593. 614. 638. CH Af, ‘ 4 : = inwea | EDWARD Wwe Q Soa 5 Sor. ee XXIf. EDWARD oy. Battle of Touton Henry efcapes into Scotland——A parliament Battle of Hexham——Henry taken prifoner, and confined to. the Tower King's marriage with the lady Elizabeth Gray Warwte dif gufted: Aluiance with Burgundy Infurrettion in Yorkfbire Battle of Banbury Warwic and Clarence banifked Warwic and Clarence return Edward IV. expellea Henry VI. reftored Edward IV. returns Battle of Barnet, and death of Warwic — Battle of Teukefbury, and murder of prince Edward Deathof Henry V1I—-Invafion of France-———Peace of Pecquigni Trial and execu- tion of the duke of Clarence Death and charaéter of Edward IV. | O UNG Edward, now in his twentieth year, was of a temper well fitted Chap. XXII: VY to make his way thro’ fuch a fcene of war, havock, and-devaftation, as muft "4°" conduct him to the full poffeffion of that crown, which he claimed from heredi- tary right, but which he had affumed from the tumultuary election alone of his own party. Ele was bold, active, enterprizing ; and his hardnefs of heart and feverity of character rendered him impregnable to all thofe movements of com- paffion, which might relax his vigour in the profecution of the moft bloody re- venges again{ft his enemies. The very commencement of his reign gave fymp- , toms of his fanguinary difpofition. A tradefman of London, who kept fhop at the fign of the crown, having faid, that he would make his fon heir to the crown ; this harmlefs pleafantry was interpreted to be fpoke in derifion of Edward’s af- fumed title ; and he was condemned_and executed for the offence *. Such an act of tyranny was a proper prelude to the fcenes, which enfued. The {caffold, as well as the field, ftreamed inceffantly with the nobleft blood of England, fpilt in the quarrel between the two contending families, whofe animofity was now be- ~~ * Habington in Kennet, p. 431. Grafton, p, 791. Vo. I. 32D come Chap. XXII. 1461. 286 H1S: TO R-Y-oF ENGLAN D. come implacable. The people, divided in their affections, took alfo oppofite fymbols of party : The partizans of the houfe of Lancafter chofe the red rofe as their mark of diftinétion ; thofe of York were denominated from the white ; and thefe civil wars were thus known, all over Europe, by the name of the quarrel between the two rofes. Tus licence, in which Queen Margaret had been obliged to indulge her troops, ftruck a great terror into the city of London and all the fouthern parts of the kingdom ; and as fhe there expected a very obftinate refiftance, fhe prudently re- tired northwards among her own partizans. The fame licence, joined to the zeal of faction, foon brought great multitudes to her ftandard ; and fhe was able, in a few days, to aflemble an army fixty thoufand ftrong in Yorkfhire. The King and the earl of Warwic made hafte, with an army of forty thoufand, to check her progrefs ; and when they reached Pomfret, they difpatched a body of troops, under the command of the lord Fitzwalter, to fecure the paflage of Ferrybridge over the river Are, which lay between them and the enemy. Fitzwalter took poft at the place affigned him ; but was not able to defend it againft lord Clifford, © who attacked him with fuperior numbers. The Yorkifts were chaced over the river with great flaughter; andlord Fitzwalter himfelf was flain in the action *. The earl of Warwic, dreading the confequenccs of this misfortune, at a time when a decifive a€tion was every hour expected, immediately ordered his horfe to be brought him, which he ftabbed before the whole army ; and kiffing the hilt of his fword, fwore, that he was determined to fhare the fate of the meanetft foldier +. And to fhow the greater fecurity, a proclamation was at the fame time iffued, giving to every one who pleafed full liberty to retire ; but menacing the fevereft punifhments to thofe who fhould difcover any fymptoms of cowardice in the enfuing battle {. Lord Falconbridge was fent to recover the poft which had Battle of "Touton. z9th of Mar. = been loft; he paffed'the river fome miles above Ferrybridge, and falling unex- peétedly on lord Clifford, he revenged the former difafter by the defeat of the: party and the death of their leader §. Tur two hoftile armies met at Touton ; and a fierce and bloody battle enfued. While the Yorkifls were advancing to the charge, there happened a great fall of fnow, which, driving full on the faces. of their enemies, blinded them ; and this advantage was improved by a ftratagem of lord Falconbridge. That nobleman ordered fome infantry to advance before the ling, and after having fent a volley of flight, arrows, as they. were called; amidit the enemy, immediately to retire. The Lancaftrians, imagining that they were got within reach of the oppofite. * W, Wyrcefler, p. 489. Hall, fol. 186. Holingthed, p. 664. + Habingtoa, p. 432s. «+ Holingthed, p. 664, & Hilt, Croy!. cont. p. 532: ‘ army, yy > « nit ten 5 os en Z Vinge : : : ¥ & * Vie , - a 4 ‘te * - > “eae xm ’ a \ EO We AL Rep Ae 287 army, difcharged all their arrows, which thus fell fhort of the Yorkifts, without Chap. XXIE, doing any execution *. After the quivers of the enemy were exhaufted, Edward advanced his line, and committed flaughter with impunity on the difmayed Lan- caftrians: The bow however was foon laid afide, and the fword decided the com- bat, which ended in a total victory onthe fide of thé Yorkifts. Edward iffued orders to give no quarter: The routed army was purfued to Tadcafter with great bloodfhed and confufion ; and above thirty-fix thoufand men are comput- ed to have fallen in the battle and purfuitt: Among thefe were the earl of Weftmoreland, and his brother, Sir John Nevil, the earl of Northumberland, the lords Dacres and Welles, and Sir Andrew Trollop§. The earl of Devon- fhire, who was now engaged in Henry’s party, was brought a prifoner to Ed- ward; and was foon after beheaded by martial law at York. His head was fix- ed on a pole erected over the gates of that city ; and the head of duke Richard and that of the earl of Salifbury were taken down, and buried with their bodies, Fienry and Margaret had remained at York during the action ; but learning the defeat of their army, and being fenfible, that no place in England could now afford them fhelter, they fled with great precipitation into Scotland. They were accompanied by the duke of Exeter, who, tho’ he had married Edward’s fitter, had taken part with the Lancaftrians, and by Henry duke of Somerfet, who had commanded in the unfortunate battle of Touton, and who was the fon of that nobleman killed in the firft battle of St. Albans, NotwirHsranpinc the great animofity, which prevailed between the two kingdoms, Scotland had never exerted itfelf with vigour, to take advantage either into Scotland. of the wars which England carried on with France, or of. the civil wars which broke out between the contending families. James I. more laudably employed, in. civilizing his fubjeéts and taming them to the falutary yoke of law and juftice, avoided ail hoftilities with foreign nations; and tho’ he feemed interefted to main- tain a balanee between France and England, he gave no farther affiftance to the former kingdom in its greateft diftreffes, than permitting, and perhaps encouraging, his fubjects to inlift in the French fervice. After the murder of that excellent prince, the minority of his fon and fucceffor, James II. and the diftractions incident to it, retained the Scots in the fame ftate of neutrality ; and the fuperiority, vifibly acquired by France, rendered it then unneceffary for her ally to interpofe in her defence. | But when the quarrel commenced between the houfes of York and Lancafter, and became abfolutely incurable but by the total extinCion of one party; James, who had now rifen to man’s eftate, was tempted * Hall, fol. 186, + Habington, p. 432. t Holingthed, p. 665. Grafton, p. 656. Hift. Croyl. cont. p. 533. § Hall, fol. 187. Habington, p. 433s. = 2D 2 to Chap. XXIl. 1405. ath of Nov. A parliament. P 288 HISTORY or ENGLAND. to feize this advantage, and he endéavoured to recover thofe places, which the Englith had formerly conquered from his anceftors. He laid fiege to the caftle of Roxborough in 1460, and had provided himfelf of a {mall train of artillery for that enterprize: But his cannon were fo ill framed, that one of them burft as he was firing it, and put an end to his life in the Mower of his age. His fon and fucceffor, James II. was alfo a minor: The ufual diftrattions enfued in the go- vernment: The queen dowager, Anne of Gueldres, afpired to the regency: The family of Douglas oppofed her pretenfions: And queen Margaret, when fhe fled snto Scotland, found there a people little lefs divided. by faétion than thofe by whom fhe had been expelled. Tho’ fhe pleaded the connections between the roy- al family of Scotland and the houfe of Lancafter, by the young King’s grand- mother, who was a daughter of the earl of Somerfet ; fhe could engage the Scots council to go no farther than to exprefs their good wifhes in her favour: But on her offer to deliver to them immediately the important fortrefs of Berwic, and to contra& her fon in marriage with a fifter of King James's, fhe found a better re- ception ; and the Scots promifed the affiftance of their arms to re-inftate her fa- mily upon the throne*. But as the danger from that quarter feemed not very urgent to Edward, he did not purfuethe fugitive King and Queen into their re- treat; but returned to London, where a parliament was fummoned for. fettling the government. 4 5 On the meeting of this affembly, Edward found the good effects of his vigo- rous meafure in afflumihg the crown, as well as of his vi€tory at Touton, by which he had fecured it: The parliament no longer hefitated between the two families, or propofed any of thofe ambiguous decifions, which could only tend to perpetuate and ‘nflame the animofities of party. They recognized the title of Edward to the crows, by hereditary defcent, thro’ the family of Mortimer ; and declared that he was King in right, from the death of his father, who had alfo the fame lawful title; and that he was in poffeffion of the throne from the day shat he affumed the government, tendered to him by the acclamations of the people }. . They expreffed their abborrence of the ufurpation and intrufion of the hou of Lancafter, particularly that of the earl of Derby, otherwife called Henry IV. which, they faid, had been attended with every kind of diforder, the murder of the fovereign and the oppreffion of the fubjects. They annulled every grant which had paffed in thofe reigns; they reinftated the King in all the pof- fefGons, which had belonged to the crown at the pretended depofition of Rich- ard II, and tho’ they confirmed judiciak deeds and the decrees of inferior courts, * Hall, fol. 137.. Habington, p. 434. + Cotton, p. 670. 2 they ‘ ® aoe ey eee d Be BD Wis & Re De. dV. 389 they revered all attainders pafled in any pretended parliament ; particularly the Chap. XXU. attainder of the earl of Cambridge, the King’s grandfather ; as well as that of the earls of Salifbury and Glocefter and of lord Lumley, who were forfeited for adhering to Richard IJ. * | 7 Many of thefe votes were the refult of the ufual violence of party: The com- mon fenfe of mankind, in more peaceable times, repealed them : And the ftatutes of the houfe of Lancafter, being the deeds of an eflablifhed government, and en- acted by princes long poffeffed of authority, have always been held. as valid and obligatory. The parliament, however, in fubverting fuch deep foundations, had {till the pretence of replacing the government on its antient and natural ba- fis: But in their fubfequent meafures, they were more guided by revenge, or at Jeaft the views of convenience, than by the maxims of equity and juftice. They pafied an act of forfeiture and attainder againft Henry VI, and Queen Margaret, and their infant fon, prince Edward: The fame aét was extended to the dukes of Somerfet and Exeter; to the earls of Northumberland, Devonthire, Pembroke, Wilts ; to the vifcount Beaumont, the lords Roos, Nevil, Clifford, Wells, Dacre, Gray of Rugemont, Hungerford ; to Alexander Hedie, Nicholas Latimer, Ed+ mond Mountfort, John Heron, and many other perfons of diftin@ion +, The parliament vefted the eftates of all thefe attainted perfons in the crown ; tho’ their: fole crime was the adhering to a prince, whom evéry indiyidual of the parliament had fo long recognized, and whom that very King -himfelf, who was now feated on the throne, had acknowledged and obeyed as his lawful fovereign. Tue neceffity of fupporting the government eftablithed, will juftify more fully fome other acts of violence ; though the method of conducting them may ftill appear exceptionable. John earl of Oxford and his fon, Aubrey de Vere, were detected in a correfpondence with Margaret, were tried by martial law before the conftable, were condemned and executed t. Sir William Tyrrel, Sir Tho- mas Tudenham, and John Montgomery were convicted in the fame afbitrary court; were executed, and their eftates forfeited. This introduction of martial law into civil government was a high ftrain of prerogative; which, were it not for the violence of the times, would probably have appeared exceptionable to a nation fo jealous of their liberties as the Englith were now become §. It was impoffible * Cotton, p.672. . Statutes at large, 1 Edw. IV. cap. r. f Cotton, p.670. W. Wyr- cefter, p. 490. + W. de Wyrcefter, p, 492. Hall, fol. 189. Grafton, p- 658. Fabian, fol. 215. Fragm. ad finem. T. Sproti. | § That we may judge how arbitrary a court, that of the conftable of England was, we may perufe the patent granted io the earl of Rivers in this reign, as it is to be found in Spellman’s Gloflary in Soviet? WEDe : : ‘ 7 vd - ae » ‘ ‘ ‘, ; ! - : , dl: . -. ad | = . ] 4 P| 7 7. = — = —— -—_—- - = ——>— = = - 2 > <4 ~ > 7 = ’ 4 — 7 _— - es = : :. a — Se = Se oe 3 —_— om eee? om . . Paz aetna 7 an = . fo oe ee _—— : . ae = = - : —_ - , - i eS 3 ee ——, — — <= ee = r a aS = lS ecemememeniendieniere al LESS = ar ~~ -- ~~ - - -- - + ~ _ =— = ae Ot sou ae = — se = == as ——w sper . a — ae =F = = ~ eat : ~~ eng ae Ra t7 oa =i = or : = oe —e — eee Sj ee ‘ “ae Ps j . ; 4 i ne ! $ 1461. 1464. SF 390 HIS TGR XY oF ENGLAND. Chap: XXII. impoffible but fuch a great and fudden revolution -muft leave the roots of difcon- tent and diffatisfaction in the fubjects, which would require great art, or inlieu of it, great violence to extirpate them. The latter was more fuitable to the ge- nius of the nation in that uncultivated age. Burt the new eftablifhment feemed precarious and uncertain, not only from the domeftic difcontents of the people, but from the efforts of foreign powers. Lewis, the eleventhof the name, had fucceeded to his father, Charles, in 1460; and was led, from the obvious motives of national intereft, to feed the flames of civil dif- cord among fuch dangerous neighbours, by giving fupport to the weaker party. But the intriguing and politic genius of this prince was here checked by itfelf : Having attempted to fubdue the independant fpirit of his own vafials, he had ex- cited fuch an oppofition at home, as prevented him from making all the advan- tage, which the opportunity afforded, of the diffenfions among the Englifh. He fent however a {mall body to Henry’s alfiftance under Varenne, Senefchal of Normandy, *, who landed in Northumberland, and got poffeffion of the caftle of Alnewics; but as the indefatigable Margaret went in perfon to France, where fhe folicited larger fupplies +; and promifed Lewis to deliver up Calais, if her family was by his means reftored to the throne of England ; he was afterwards perfuaded to fend along with her a body of 2000 men at arms }, which enabled her to take the field, and to make an inroad into England. Tho* re-inforced by verb. Conftabularius ; as alfo, more fully in Rymer, vol. xi. p. 581. Here is a claufe of it: Er ulte- vius de uberiori gratia nofira eidem commiti de Rivers plenam poteffatem damus ad cognofcendum, F proceden. dum; in omnibus, 9 fingulis, caufis EF negotiis, de F fuper crimino lefee majeftatis Jeu Juper occafione cateri/- gue caufis, guibufcunque per prefatum comitem de Rivers, ut conflabularium Anglia—que in curia conftabu- lavii Angha ab antiquo, Viz. tempore didi domini Gulielmi conqueftoris Jeu aliquo tempore citra tradtari, au- diri, examinari, aut decidi confueverant, aut jure debuerant, aut debent, caufafque {P negotia predida cum omnibus SF fingulis emergentibus, incidentibus (5 connexis, audiendum, examinandum, © fine debito terminan- dum, etiam fammarie & de plano, fine ftrepitu & fioura juftitie, fola faéti veritate in{pecta, ac etiam ma- nl regia fi opportunum vifum fuerit eidem comiti de Rivers, vices nofiras, appellati.ne remota. ‘The of. fice of conftable was perpetual in the monarchy 3; its jurifdiction was not limited to times of war, as appears from this patent, and as we learn from the fame author: Yet its authority was in direct con- tradiion to Magna Chartas and itis evident that no regu/ar liberty could fubfift with it. It involv- ed.a full dictatorial power, continually fubfifting in the ftate. The only check on the crown, befides the want of force to fupport all its prerogatives, was, that the office of conftable was commonly either hereditary or during life ; and the perfon invefted with it, was, for that reafon, not fo proper an in_ firament of arbitrary power in the King. Accordingly, the office was {upprefled by Henry VIII. the moft arbitrary of all the Englifh princes. The practice, however, of exercifing martial law, ftill fub- fifted » and was not abolithed till the Petition of Right under Charles I. This was the epoch of true liberty, confirmed by the Reftoration, and enlarged and fecured by the Revolution, * Monftrelet, vol. iit. po 95. * sCO@E W. Wyrcefter, p. 493. Hall, fol. igo. Holingfhed, p. 665. { W. Wyrcefter, p. 493+ a nu- q i 4 4 3 2 : ; i EE GGL ORL I Sa. . ‘ _ > “= —— BD W:. Ae RD > 291 2 a numerous train of adventurers. from Scotland, and by many partizans of the Chap. XX. family of Lancafter ; fhe received a check at Hedgley-moor from lord Montacute 1494+ or Montague, brother to the earl of Warwic, and warden of the eaft Marches sac oe bbe | between Scotland and England*. Montague was fo elated with this fuccefs, | that, while a numerous re-inforcement was on their march to join him by order from Edward, he yet ventured, with his own troops alone, to attack the Lancaf- BattleofHex= .trians at Hexham, and obtained a complete victory over them. ‘The duke of ham. Somerfet, the lords Roos, and Hungerford, were taken in the purfuit, and im- ee mediately beheaded by martial law at Hexham-+f>. Summary juftice was in like manner executed at Newcaftle on Sir Humphrey Nevil, and feveral, other gentle- men ft. All thofe whowere fpared in the field, fuffered onthe fcaffold ; and the utter extermination of their adverfaries was. now become the plain object of the York party.;. a conduct, which received but too plaufible an apology from the preceding practice of the Lancaftrians. Tut fate of the unfortunate royal family, after this defeat, was very’. fingular. Margaret, flying with her fon into a foreft, where fhe endeavoured to conceal herfelf, :was befet, during the darknefs of the night, by robbers, who either ig- norant or regardlefs of her quality, defpoiled her of her rings and jewels, and _ treated her with the utmoft indignity. The partition of this rich booty raifed a quarrel among them; and while their attention was thus engaged, fhe took the opportunity of making her efeape with her fon into the thickeit of the foreft, ; where fhe wandered for fome time, overfpent with hunger and fatigue, and funk. with terror and affiiction. While in this wretched condition, fhe faw a robber approach with his naked fword ; and finding that fhe had no means of efcape, fhe fuddenly embraced the refolution of trufting entirely for protection to his faith and generofity. She advanced towards him; and prefenting to him the young prince, -called outtohim, Here, my friend, I commit to your care the fafety of your- King’s fon. The man, whofe humanity and generous fpirit had been obfcured, but not entirely loft, by his vicious courfe of life, was ftruck with the fingularity of the event, and charmed with the confidence repofed in him; and he vowed, not only to abftain from all injury againft the princefs, but to devote himfelf en- tirely to her fafety and protection §. - By his means fhe dwelt fome time concealed: in the foreft, and was at laft conducted to the fea coaft, whence fhe made her efcape into Flanders. - She paffed thence into her father’s court, where fhe lived feyeral years in privacy and retirement. Her hufband was not fo fortunate or fo. dextrous in finding the means of his efcape. Some of his friends took him. un- * Rymer, vol. xi. Pp. §00. + W. Wyrcefler, p. 498. Hall, fol. 190.. Graf.on, p. 661. } Fabian, fol.215. Polyd.. Virg. P- 512) 513. § Monftrelet, vol. iii. p. 99. | I : der - - f 4 : Wi t ‘| et A LL LN RS A = 392 HISTORY of ENGLAND. — a Chap. XXII. der their protection, and conveyed him into Lancafhire; where he remained con- 1464. cealed during a twelvemonth; but he was at laft detected, delivered up to Ed- » ward, and thrown into the Tower *. The fafety of his perfon was owing lefs to the generofity of his enemies, than to the contempt, which they had entertained of his courage and his underftanding. i 4 if a} THe imprifonment of Henry, the expulfion of Margaret, the execution and confifcation of all the moft confiderable Lancaftrians, feemed to give full fecurity to Edward’s government ; whofe title by blood, being now recognized by parlia- ment, and univerfally fubmitted to by the people, was no longer in danger of being impeached by any antagonift. In this profperous ficuation, the King deli- vered himfelf up, without controul, to thofe pleafures which his youth, his high fortune, and his natural temperament invited him to enjoy ; and the cares of roy- alty were lefs attended to, than the diffipation of amufement, or the allurements of paffion. The cruel and unrelenting fpirit of Edward, tho’ enured to the fe- rocity of civil wars, was at the fame time extremely devoted to the fofter paffions, which, without mitigating his fevere temper, maintained a great influence over him, and fhared his attachment with the purfuits of ambition, and the thirft of military glory. During the prefent interval of peace, he lived in the moft fami- liar and fociable manner-with his fubjeéts +, particularly with the Londoners; and the beauty of his perfon, as well as the gallantry of his addrefs, which, even uneffifted by his royal dignity, would have rendered him extremely acceptable to the fair fex, facilitated all his applications for their favour. This eafy and plea- farable life augmented every day his popularity among all ranks of men: He was the peculiar favourite of the young and gay of both fexes: The difpofition of the Englifh, little addicted to jeaioufy, kept them from taking umbrage at thefe liberties : And his indulgence in amusements, while it oratified his inclination, was thus become, without defign, a means of fupporting and fecuring his govern- ment: But as it is dificult to reduce the ruling paffion within {trict rules of pru- dence, the amorous temper of Edward led him into a fnare which proved very fatal to his future repofe, and tothe ftability of his throne. King’s mar- JAQUELINE DE LuxemeBoure, dutchefs of Bedford, had, after her hufband’s riage withthe qea-h, fo far facrificed her ambition to love, that fhe efpoufed, in fecond marriage ladyElizabeth ~ | BS ; ntes oid Gray. > Sir Richard Wideville, a private gentleman, afterwards created lord Rivers, to whom the bore feveral children, and among the reft, Elizabeth, who was remark- able for the grace and beauty of her perfon, as well as for other amiable accom- plifhments. This young lady had married Sir John Gray of Groby, by whom fhe had children ; and her hufband being killed in the fecond battle of St. Albans, —— - pane - 2 tt ‘ “=~ % erin ns — Ae ~ ys — - * Half, fol, 191. Fragm, ad finem Spro:. + Polyd, Virg. p. 513. Biondi, fighting BD Wo Ab Rp IV. 393 Aghting on the fide of Lancafter, and his eftate being for that reafon confifcated, his widow retired to live with her father, at his feat of Grafton in Northampton- fhire. The King came accidently to the houfe, after a hunting party, in order to pay a vilit to the dutchefs of Bedford; and as the occafion feemed favourable for obtaining fome grace from this gallante monarch, the young widow flung herfelf at his feet, and with many tears, entreated him to take pity on her impoverifhed and diftrefled children. The fight of fo much beauty in affliction, ftrongly af- fefted the amorous Edward ; love ftole infenfibly into his heart under the guife of compaffion ; and her forrow, fo becoming a virtuous matron, made his eftcem and regard quickly correfpond.to his affection. He raifed her from the ground with affurances of favour; he found his paffion encreafe every moment, by the converfation of the amiable objeét ; and he was foon reduced in his turn to the pofture and ftile of a fupplicant at the feet of Elizabeth. But the lady, either averle to difhonourable love from a fenfe of duty, or perceiving that the impref- fion which fhe had made was fo deep as to give her hopes of obtaining the higheft elevation, obitinately refufed to gratify his paffion; and all the endearments, ca- refies, and importunity of the young and amiable Edward, proved fruitlefs again her rigid and inflexible virtue. His paffion, irritated by oppofition, and encreafed by his veneration for fuch honourable fentiments, carried him at lat beyond all bounds of reafon; and he offered to fhare his throne, as well as his heart, with the woman, whofe beauty of perfon, and dignity of charaéter, feemed fo well toentitle herto both. The marriage was celebrated: privately at Grafton*: The fecret was carefully kept for fome time: No one fufpected, that fo libertine a‘prince could facrifice fo much to a romantic paflion : And there were in particular {trong reafens, which at that time rendered this ftep in the higheft degree dangerous and imprudent. Tue King, defirous to fecure his throne, as well by the profpect of iffue, as by foreign alliances, had, a little before determined to make application to fome neighbouring princefs ; and he had caft his eye on Bona of Savoy, fifter to the Queen of France, who, he hoped, would, by his marrying her, enfure him -the friendfhip of that power, which was alone both able and inclined to give fupport .and affiftance to hisrival. ‘To.render the negotiation more fuccefsful, the earl of Warwic had been cifpatched to Paris, where the Princefs then refided ; he had demanded Bona in marriage for the King; his propofals had been accepted ; the treaty was fully concluded; and nothing remained but the ratification of the terms agreed on, and the bringing over the princefs into England+. But when * Hall, fol. 193. Fabian, fol. 216. + Hall, fol. 193. Habington, p. 437. Holiogthed, p. (67. Grafton, p. 665. Polyd. Virg. p. 513. Vou. IL. ak the Chap. XXII. 1464. SS . ao . : md d ON SY 2 Be. are (2 EC CE VEE ———_, a 7 Or > 2 . == SSS a ey ok : 394 HISTORY or ENGLAND. Chap. XXIL the fecret of Edward’s marriage broke out, the haughty earl, deeming himfelf 1404. Warwic dif- gufted. 1466. affronted, both by being employed in this deceitful negotiation, and by being kept a ftranger to the King’s intentions, who had owed every thing to his friendfhip, immediately returned to England, inflamed with rage and indignation. “he in- fluence of paflion, over fo young a man as Edward, might have ferved as an ex- cufe for his imprudent conduct, had he deigned to acknowledge his error, or had pleaded his weaknefs as an apology : But his faulty fhame or pride prevented him from fo much as mentioning the affair to Warwic; and that nobleman was allowed to depart the court, full of the fame ill humour and difcontent, which he brought to it. Every incident now tended to widen the breach between the King and this powerful fubjeét. The Queen loft not her influence by martiage; and fhe was equally folicitous to draw every grace and favour to her own friends and kindred, and to exclude thofe of the earl, whom fhe regarded as her mortal enemy. Her father was created earl of Rivers: He was made lord treafurer in the’ room of lord Mountjoy *: He was invefted in the office of conftable for life ; and his fon received the furvivance of that high dignity +. The fame young nobleman was married to the only daughter of lord Scales, enjoyed the great eftate of that fa- mily, and had the title of Scales conferred upon him. Catharine, the Queen’s filter, was married to the young Duke of Buckingham, who was a ward of the crownt: Mary, another of her fifters, efpoufed William Herbert, created earl of Huutingdon: Anne, a third fifter, was given in marriage to the fon and heir of Gray, lord Ruthyn, created earl of Kent §. The daughter and heir of the duke of Exeter, who was alfo the King’s neice, was contracted to Sir Thomas Gray,’ one of the Queen’s fons by her former hufband ; and as the lord Monta- gue was treating of a marriage between his fon and this lady, the preference given to young Gray was deemed an injury and affront to the whole family of Nevil. | Tue earl of Warwic could not endure the leaf diminution of that credir, which he had long enjoyed, and which he thought, he had merited by fuch im- portant fervices. Tho’he had received fo many grants from the crown, that the re- venue arifing from them amounted, befides his patrimonial eftate, to 80,000 crowns a year, according to the computation of Philip de Comines |]; his ambitious fpirit was ftill diffatisfied, fo long as he faw others furpafs him in authority and influ- ence with the King!. Edward alfo, jealous of that power which had fupported him, * W. Wyrcefter, p. 506. + Rymer, vol. xi, p. 581. { W. Wyrceifer, p.- 505. § W. Wyicelter, p. 506. | Liv. 3. chap. 4. 4+ Tolyd. Virg. p. 514: 9 and —— ‘ pan See : wee ewes ve ey a een a ee a B.D’ W. RoR Spe eS 395 and which he himfelf had contributed ft;!I higher to exalt, was well-pleafed to raife up rivals in credit to the earl of Warwic; and he juftified by this politica] view, his extreme partiality to the Queen’s kindred. But the other nobility of England, envying the fudden growth of the Widevilles *, were more inclined to take part with Warwic’s difcontent, to whofe grandeur they were already accu- ftomed, and who had reconciled them to his fuperiority by his cracious and popu- Jar manners. Andas Edward obtained from parliament a general refumption of all grants, which he had made fince his acceffion, and which had extremely im- poverifhed the crown >; this act, tho’ it paffed with fome exceptions, particu- larly one in favour of the earl of Warwic, gave a general alarm to the nobility> and difgufted many, even zealous, partizans of the family of York. But the moft confiderable affociate, whom Warwic acquired to his party, was George, duke of Clarence, the King’s fecond brother. This prince deemed him- felf no lefs injured than the other grandees, by the uncontrouled influence of the Queen and her relations ; and as his fortunes were ftill left on a precarious foot- ing, while theirs were fully eftablifhed, this neglect, joined to his unquiet and reftlefs fpirit, inclined him to give countenance to all the malecontents t. The favourable opportunity of gaining him was efpied by the earl of Warwic, who of- fered him in marriage his eldeft daughter, and co-heir of his immenfe fortunes; a fettlement, which, as it was fuperior to any that the King himfe!f could confer upon him, immediately attached him to the earl’s party §. Thus an extenfive and dangerous combination was infenfibly formed againft Edward and his mini- ftry : Tho’ the object of the malecontents was not at prefent to overturn the throne, it was difficult to forefee the extremities to which they might be carried ; and as oppofition to an adminiftration was ufvally in thofe ages profecuted by force of arms, civil convulfions and diforders were likely to be foon the refult of thefe intrigues and confederacies. 44 WuiLe this cloud was gathering at home, Edward carried his views abroad, a Chap. XXII, 1466, Ij rt} wance win and endeavoured to fecure himfelf againft his factious nobility, by entering into the duke of foreign alliances. The dark and dangerous ambition of Lewis XI. the more it was known, the greater alarm it excited among all his neighbours and vaffals; and as it was fupported by great abilities, and unreftrained by any principles of faith or humanity, they found no fecurity to themfelves but by a jealous combination again him. Philip, duke of Burgundy, was now dead: His rich and exten- five dominions were devolved to Charles, his only fon, whofe martial difpofition * Hitt. Croyl.-cont. p. 539. + W. Wyreefter, p. 508. t Grafton, p. 673. 4 W. Wyrcefter, p. 511. Hall, fol.zoo. Habington, p. 439 Holingthed, p. 671. Polyd, Ving. pe $15. 3E 2 acquired Burgundy. Chap. XXII, 1406, 1460, : Tnfurrection in Yorkfhire. in, 295 HISTORY -or- EN GL AN D. acquired him the firname of Hardy, and whofe ambition, more outrageous than that of Lewis, but feconded by lefs power and policy, was regarded with a more favourable eye by the other powers of Europe. The oppofition of interefts, and ftill more, a natural antipathy of character, produced a declared animofity be- tween thefe two. bad princes; and Edward was thus fecure of the fincere attach- ment of either of them, for whom he fhould choofe to declare himfelf. The duke of Burgundy, being defcended by his mother, a daughter of Portugal, from John of Gaunt, was naturally inclined to favour the houle of Lancafter *: But this confideration was eafily overbalanced by politicks,; and Charles, per ceiving the intereft of that houfe to be extremely decayed in England, fent over his natural brother, commonly called the baftard of Burgundy, to carry in his name propofals of marriage to Margaret the King’s filter. The alliance of Bur- gundy was more popular. with the Englifh, than that of France; the commer- cial interefts of the two nations invited the princes to a clofe union; their com- mon jealoufy of Lewis was a natural cement between them ; and Edward, pieafed with ftrengthening himfelf by fo potent a confederate, foon concluded the alli- ance, and beftowed his fifter upon Charles +. A league, which Edward at the {ame time concluded with the duke of Brittany, feemed both to encreafe his fecu- rity, and toopento him the profpect of rivalling his predeceffors in thofe foreign conquelts, which, however fhort-lived and unprofitable, had rendered their reign fo popular and ifluftrious f. Bur whatever ambitious fchemes the King might have built on thete allian- ces, they were foon fruftrated by inteftine commotions, which engroffed all his attention. Thefe diforders probably arofe not immediately from the intrigues of the earl of Warwic, but from accident, affifted by the turbulent fpirit of the age, by the general humour of difcontent which that popular nobleman had initiiled into the nation, and perhaps by fome remains of attachment to the houfe of Lan cafter. The hofpital of St. Leonards near York, had received, from an antien¢ erant of King Athelftane, a right of levying a thrave of corn from every plough- land in the county; and as thefe charitable eftablifhments are very liable to abufe, the country people complained, that the revenue of the hofpital was no longer expended for the relief of the poor, but was fecreted by the managers, and em- ployed for their private purpofes. After long repining at the contribution, they refufed payment: Ecclefiaftical and civil cenfures were iffued againft them: Their coods were diftrained, and their perfons thrown into jail: Till, as their ill-humour * Comines, liv. 3. chap. 4, 6. + Hall, fol. 19. 197. t+ W. Wyrcelter, p. 5. Parliament. Hilt. vol. 1. p. 332+ ' rf daily ee ee eee . - FTL OW 2A oe IV. 397 daily encreafed, they rofe in arms; fell upon the officers of the hofpital, whom Chap. XXII, they put tothey fword ,; and proceeded in a body fifteen thoufand {ftrong, to the 1469. gates of York*. The lord Montague, who commanded in thofe parts, oppofed himfelf to their progrefs ;-and having been fo fortunate in a fkirmifh as to feize Robert Hulderne their leader, he ordered him immediately to be led to execu- tion; according to the barbarous and illegal practice of thofe times +. The re- bels, however, ftill continued in arms; and being foon headed by men of great- er diftinction, Sir Henry Nevil, fon of lord Latimer, and Sir John Coniers, they advanced fouthwards, and began to appear dangerous to the government. Her- bert, earl of Pembroke, who had received that title on the forfeiture of Jafper Tudor, was ordered by Edward to march againft them at the head of a body of Welfhmen; and he was joined by five thoufand archers under the command of Stafford, earl of Devonfhire, who had fucceeded in that title to the family of Courtney, which had alfo been forfeited. But a trivial diffsrence about quarters having begot an animofity between thefe two noblemen, the earl of Devonshire retired with his archers, and left Pembroke alone to encounter the rebels 1, The two armies approached near Banbury ; and Pembroke, having prevailed in a pyttle of Pan- fkirmifh, and having taken Sir Henry Nevil prifoner, ordered him immediately. bury. to be put to death, without any form of procefs. This-execution. enraged, with- out terrifying, the rebels: They attacked the Welfh army, routed them, put 26th July, them to the fword without mercy; and having feized Pembroke, they took im- mediate revenge upoh him for the death of their leader §. The King, imputing this misfortune to the earl of Devonfhire, who had deferred Pembroke, ordered him to be executed in alike fammary manner. But thefe fpeedy executions, or rather open murders, did not ftop there: The northern rebels, fending a party to Grafton, feized the earl of Rivers and his fon, John ; men who had be- come obnoxious by the:r near relation to the King and his partiality towards them: And thefe noblemen were immediately executed by orders from Sir John Coniers |]. TuereE is no part of Englith hiftory fince the Conqueft, fo obfcure, fo uncer- tain, fo little authentic or confiftent, as that of the wars between the two Rofes: Hiftorians differ about many material circumftances ; fome events of the utmoft eonfequence, in which they almoft all agree, are incredible and contradicted by records |; and it is remarkable, that this profound darknefs falls upon us juft on the — ® Hall, fol. 200. Holingfhed, p.672. Polyd. Virg. p. 516. + Grafton, p. 674. . % Cc x i“ hee T}} P 4 t Stowe, p. 221. Holingfhed, p, 672. Fragm. ad finem Sprott. § Hall, fol. 201. 202. Grafton, p. 676, 677. || Fabian, fol. 237. <4 1 We fhall give an inflarce : Almoft all the hiftorians, even Comines, and the continuator of the : , i far land, offered their fervice to Edward, were received without any fufpicion, wele entrufted by him in the higheft commands*, and ftill perfevered in their fidelt- ty. Soon after, we find the rebels quieted and difperfed by a general pardon granted by Edward from the advice of the earl of Warwic: But why fo coura- geous a prince, if fecure of Warwic’s fidelity, fhould have granted a general par- don to men, who had been guilty of fuch violent and perfonal outrages again{t him, is not intelligible; nor why that nobleman, if unfaithful, fhould have en- deavoured to appeafe a rebellion, of which he was able to make fuch advantages, But it appears, that, after this infurrection, there was an interval of peace, dur- ing which the King loaded the family of Nevil with honours ‘and favours of the higheft nature: He made the lord Montague a marquefs, by the fame name: He created his fon George, Duke of Bedford +: He declared publicly his inten- and was committed to the cuftody of the archbifhop of York, brother to the earl; but being allowed to take the diverfion of hunting by this prelate, he made his efcape, and afterwards chaced the rebels oat of the kingdom. Bat that all the ftory is falfe appears from Rymer, where we find, that the King, throughout all this period, continually exercifed his authority, and never was interrupted in his government. On the 7th of Murch 1470, he gives a commiffion of array to Clarence, whom he then imagined a good fubjeét ; and on the 23d of the fame month, we find him iffuing an order for appre- hending him. Befides, in the King’s manifefto againft the duke and earl (Clauf. 10 Edw. IV. m. 7- 8.) where he enumerates a'l their treafons, he mentions no {uch faé&t: He does not fo much as accufe them of exciting young Welles’s rebellion : He only fays, that they exhorted him to continue in hig rebellion. We may judge how fmaller fatts willbe mifreprefented by hiftorians, who can inthe moft material tranfa&tions mitake fo grof-ly. There may even fome fcruple arife with regard to the propo- {als of marriage made to Bona of Savoy ; tho’ almoft all the hiftorians concur in it, and the fact be very jikely in itfelf : For there are no traces ia Rymer of any fuch embafly of Warwic’s to France. The chief certainty in this andthe preceding reign arifes either from public records, or from the notice taken of cestain paffages by the French hiftorians. On the contrary, for fome centuries after the Conqueil, the French hiftory is not compleat without the afiflance of Englifh authors, * Rymer, vol. Xie p. 647, 649, 650. + Cotton, p. 702 tion a re aha RO ta z 306 Bevte * chan 9 Se a ee a oy re ay Je ney ae i Be oF. W AS Reap IV. 399 tion of marrying that young nobleman to his eldeft daughter, Elizabeth, who, as Chap. XX! he had yet no fons, was the prefumptive heir of the crown: Yet we find, that foon 1499: after, being invited to a feaft by the archbifhop of York, a younger brother of Warwic and Montague, he entertained a fudden fufpicion, that they intended to feize his perfon or to murder him: And he abruptly departed from the enter- -tainment *, : Soon after, there broke out another rebellion, which is as unaccountable as all the preceding events; chiefly becaufe no fufficient reafon is affiened for it, and be- caufe, fo far as it appears, the family of Nevil had no hand in exciting and fo- menting it. It arofe in Lincolnfhire, and was headed by Sir Robert Welles, fon to the lord of that name. The army of the rebels amounted to 30,000 men; but the lord Welles himfelf, far from giving countenance to them, fled into a fanctuary, in order to fecure ‘his perfon againft the King’s anger or fufpicions. He was drawn from this retreat by a promife of fafety ; and was foon after, not- withftanding this affurance, beheaded, along with Sir Thomas Dymoc, by orders 1470, from Edward +. The King fought a battle with the rebels, defeated them, took 13th March, Sir Robert Welles and Sir Thomas Launde prifoners, and ordered them imme- diately to be beheaded. Epwarp, during thefe tranfactions, had fo little jealoufy of the earl of War- wic or duke of Clarence, that he granted them commiffions of array for levying forces againft the rebels T: But thefe noblemen, fo foon as they left the court, railed troops in their own name, iffued declarations againft the government, and complained of grievances, oppreffions, and bad minifters. The unexpected de- feat of Welles difconcerted all their meafures ; and they retired northwards into Lancafhire, where they expected to be joined by lord Stanley, who had married the earl of Warwic’s filter. But as that nobleman refufed all concurrence with them, and as lord Montague alfo remained quiet in Yorkfhire ; they were obliged Warwic and to diffolve their army, and to fly into Devonfhire, where they embarked and eat a made fail towards Calais § THE deputy-governor, whom Warwic had left at Calais, was one Vaucler, a Gafcon, who, feeing the earl return in this miferable condition, refufed him ad- miffion into the place; and would not fo much as permit the dutchefs of Cla- * Fraom. Edw. IV. ad fin. Sprotu. + Hall, fol. 204. Fabian, fol. 218. Habinztan, p. 442. Holingfhed, p. 674. Yt Rymer, vol. xi. p. 652. § The King offered by proclamation a reward of 1000 pounds, or 100 pounds a year in land, toany that wou'd feizethem. Whence we may learn that land was at that time fold for about ien years parchafe. Sec Rymer, vol. xi. p. 654. Fence oy 4.00 t's DOA or ENGLAN D. Chap. XXII. rence to land, tho’ a few days before, fhe had been delivered on fhip board of a 1470. fon, and was at that time extremely difordered by ficknefs. With difficulty, he would allow a few Aaggons of wine to be carried to the fhip for the ufe of the la- dies + But as he was a man of fagacity, and well acquainted with the revolutions, to which England was fubject, he fecretly apologized to Warwic for this appear- ance of infidelity, and reprefented it as proceeding entirely from zeal for his fer- vice. He faid, that the place was ill fupplied with provifions ; that he could not depend on the attachment of the garrifon ; that the inhabitants, who lived by the Englith commerce, would certainly declare for the eftablifhed government ; that the place was at prefent unable to refift the power of England on the one hand, and that of the duke of Burgundy on the other; and that, by feeming to de- clare for Edward, he would acquire the confidence of that prince, and {till keep it in his power, when ‘: fhould become fafe and prudent, to reftore the fortrefs to its antient mafter *. It is uncertain, whether Warwic was fatishied with this apo- logy, or fufpected a double infidelity in Vaucler ; but he feioned to be entirely convinced by him; aad having reized fome Flemith vellels which he found lying of Calais, he immediately made fail towards France. Tne King of France, uneafy at the clofe conjunction between Edward and the duke of Burgundy, received with the greateft demonftrations of regard and friendfhip the unfortunate Warwic +, with whom he had formerly maintained a fecret correfpondence, and whom he hoped ftill to make his inftrument in over- turning the government of England, and re-eftablifhing the houfe of Lancafter. No animofity was ever greater than that which had long prevailed between that houfe and the earl of Warwic. His father had been executed by orders from Margaret: He himfelf had twice reduced Henry to captivity, had banifhed the /Queen, had put to death all their moft zealous partizans either in the field or on the fcaffold, and had occafioned innumerable ills to that unhappy family. For believing that fuch inveterate rancour would never admit of any cor- dial reconciliation, he had- not mentioned Henry’s name, when he took arms avaintt Edwards and he rather endeavoured to prevail by means of his own ad- which he fincerely hated. But his prefent dif- this reafon, herents, than revive a party, trefi dation; and Margaret b.ing fent for from Angers, where fhe then refided, an acreement was from common intereft foon formed between them. It was ftipu- lated, that Warwic fhould adopt the caufe of Henry, and endeavour to relftore him to liberty and to re-eftablifh him on the throne ; that the adminiftration of the government, during the minority of young Edward, Henry's fon, fhould re- * Comines, liv. 3. chap. 4. Hall, fol, 205.. + Polyd. Virg. p- 519- fide ; =e zg : . fs and the entreaties of Lewis, made him hearken to terms of accommo- Sanne ne | pie, MaDe nw + ee ee eee — eT —— a A ay eeeen es i> eee Ba Beows Ay.R sD IV. 401 fide conjointly in the earl of Warwic and duke of Clarence; that prince Ed- ward fhould marry the lady Anne, fecond daughter of that nobleman; and that the crown, in cafe of the failure of male-iffue in that prince, fhould, defcend to the duke of Clarence, to the entire exclufion of King Edward and his pofterity, Never was confederacy on all fides, lefs natural or more evidently the work of neceflity : But Warwic hoped, that all former paffions of the Lancaftrians might be loft in prefent political views; and that at worft, the independant power of his family, and the affections of the people, would be able to give him fecurity, and enable him to exact the full performance of all the conditions agreed on. The marriage of prince Edward with the lady Anne was immediately celebrated in France. Epwarp reafonably forefaw, that it would be eafy to diffolve an alliance, com- pofed of fuch difcordant parts. For this purpofe, he fent over a lady of great fagacity and addrefs, who belonged to the train of the dutchefs of Clarence, and who, under colour of attending her miftrefs, was empowered to negotiate with the duke, and renew the connexions of that prince with his own family *. She reprefented to Clarence, that he had unwarily, to his own ruin, become the inftru- ment of Warwic’s vengeance, and had thrown himfelf entirely in the power of his moft inveterate enemies ; that the mortal injuries, which the one royal family had fuffered from the other, were now paft all forgivenefs, and no idea of an imaginary union in interefts could. ever fuffice to obliterate them ; that even if the leaders were willing to forget paft offences, the animofity of their adherents would prevent a fincere coalition of parties, and would, in fpite of all temporary and verbal agreements, preferve an eternal oppofition of meafures between them, and that a prince, who deferted his own kindred, and joined the murderers of his father, left himfelf fingle, without friends, without protetion, and would not, when misfortunes inevitably fell upon him, be fo much as entitled to any pity or regard from the reft of mankind. Clarence was only one and twenty years of age, and feems to have poffefled but a flender capacity; yet he could eafily fee the force of thefe reafons ; and on the promife of forgivene{s from hi, brother, he fecretly engaged, on a favourable opportunity, to defert the earl of Warwic, and abandon the Lancaftrian party. Dvuxine this negotiation, Warwic was fecretly carrying on a correfpondence o the fame nature with his brother, the marquefs of Montague, who was entire. ly trufted by Edward ; and like motives produced a like refolution in that noble. man. The marquefs alfo, that he might render the projected blow the more * Comines, liv. 3. chap. 5. Hall, fol. 207, Holingthed, p. 675. Vou. I. 9 F deadly a Chap. XXII, 1470 a. / We sé Septr. Warwic and Clarence re- turn, 5, 402 HISTORY or ENGLAND. . deadly and incurable, refolved, on his fide, to watch a favourable opportunity for committing Ais perfidy, and ftill to maintain the appearance of being a zea- lous adherent to the houfe of York. Arter thefe mutual fnares were thus carefully laid, the decifion of the quar- rel advanced apace. Lewis prepared a fleet to efcort the earl of Warwic, and of- fered him a fupply of men and money *. The duke of Burgundy, on the other hand, enraged at that nobleman for his feizure of the Flemith fhips before Calais, and anxious to fupport the reigning family in England, with whom his own in- tere{ts were now connetted, fitted out a larger fleet, with which he guarded the Channel; and he inceflantly warned his brother-in-law of the imminent perils, to which he was expofed. But Edward, tho’ always brave and often active, had very little forefight or penetration: He was not fenfible of his danger: He made no fuitable preparations againft the earl of Warwic +: He even faid, that the duke might fpare himfelf the trouble of guarding the feas, and that he wifhed for nothing more than to fee Warwic fet foot on Englifh ground. A vain confi- dence in his own prowefs, joined to the immoderate love of pleafure, had made him incapable of all found reafon and reflection. Tue event foon happened, of which Edward feemed fo defirous. A ftorm difperfed the Flemifh navy, and left the feas open to Warwic §. That nobleman feized the opportunity, and fetting fail, quickly landed at Dartmouth, with the duke of Clarence, the earls of Oxford and Pembroke, and a {mall body of troops ; while the King was in the north, engaged in fuppreffing an infurreCtion, which had been raifed by the lord Fitz-Hugh, brother-in-law to Warwic. The fcene, which enfues, feems more like the fiction of a poem or romance than an event in true hiftory. The prodigious popularity of Warwic ||, the zeal-of the Lan- caftrian party, the fpirit of difcontent with which many were infected, and the general inftability of the Englifh nation, occafioned by the late frequent revolu- tions, drew fuch multitudes to his ftandard, that in a very few days his -army amounted to fixty thoufand men, and was continually encreafing. Edward haf- tened fouthwards to encounter him; and the two armies approached each other near Nottingham, where a decifive action was every moment expected. -The apidity. of Warwic’s progrefs had incapacitated the duke of Clarence from execut- bis plan of treachery; and the marquefs of Montague had here the opportu- nity of flriking the firft blow. He communicated the defign to his adherents, who promifed him their concurrence: They took to arms in the night time, and haftened with loud acclamations to Edward’s quarters: The King was alarmed at * Comincs, liv. 3. chap. 4. Hall, fol. 207. + Grafton, p. 687. { Comines, liv. chap. 5. Hall, fol. 208. § Comines, liv. 3.. chap. 5. | Hall, fol. 205 dally L ED UW: A oR. S Te 402 the noife, and ftarting from his bed, heard the cry of war, ufuall the Lancaftrian party. Lord Haftings, his chamberlain, informed him of the danger, and urged him to make his eicape by fpeedy flight from an army, where he had fo many concealed enemies, and where few feemed to be zealoufly attach. ed to his fervice. He had juft time to get on horfeback, and to hurry with a {mall retinue to Lynne, in Norfolk, where he luckil y employed by Chap. XXIf. y found fome fhips ready, on Edward IV. ¥ ° ig | ° board which he prefently embarked *, ~And after this manner, the earl of War. **P* kee wic, in no longer {pace than eleven days after his firft la nding, was left entire mafter of the kingdom. UT Edward’s danger did not end with his embarkation. The Eafterlings Op Flanfe-Towns were then at war both with France and England ; and fome fhips of thefe people, hovering on the Enelith coaft, efpied the King’s veflels, and eave chace to them; nor was it without extreme difficulty, that he made his efcape into the port of Alemaer in Holland. He had fled from E.\ngland with fuch precipitation, that he had carried nothing of value along with him; and the only reward, which he could beftow on the captain of the veffel, that brought him over, was a robe, lined with fables; promifing him an ample recompence, if fortune fhould ever become more propitious to him +. Ir is not likely, that Edward could be very fond of prefenting himfelf in this lamentable condition before the duke of Burgundy ; and that having fo fudden- ly, after his mighty vaunts, loft all footing in his own kingdom, he could be in- fenfible to the ridicule, which muft attend him in the eyes of that prince. The duke, on his part, was no lefs embarrafled how he fhould receive the dethroned monarch. As he had ever borne a greater affeGtion to the houle of Lancafter than to that of York, nothing but political views had engaged him to contraé& an alliance with the fatter family ; and he forefaw, that probably the revolution in England would now turn this alliance againft him, and render the reigning family in that kingdom his implacable and jealous enemy. For this reafon, when the firft rumour of that event reached him, attended with the circumftance of E.dward’s death, he feemed rather pleafed with the cataftrophe ; and it was no apreeable difappointment to find, that he muft either undergo the burthen of fupporting an exiled prince, or the difhonour of abandoning fo near a relation 2 He began already to fay, that his connections were with the kingdom of Ene: Jand, not with the King; and that it was indifferent to him, whether the name of Edward or that of Henry was employed in the articles of treaty §. Thefe * Comines, liv, 3. chap, 5. Hall, fol. 208. t+ Comines, liv, 3. chap. ¢. { Comines, liv. 3. chap.5, Habington, p. 44s. § Comines, liv, 3. chap. 6. Hall, fol. 211. 3° 2 fenti- i oe a =< > —~ + < — — EE eeee EL a SE 14.70, Henry VI. reftored. Chap. XXII, fentiments were continually J, 404 HISTORY or ENGLAN D. ftrengthened by the fubfequent events. Vaucler, the deputy-governor of Calais, tho’ he had been confirmed in his command by Ed- ward, and even received an annual penfion from the duke of Burgundy on ac- count of his fidelity to the crown * no fooner faw his old mafter, Warwic, re- inftated in authority, than he declared for him, and with great demoftrations of zeal and attachment, put the whole garrifon in his livery +. And the intel- ligence, which the duke received every day from England, feemed to promife an entire and full fettlement in the family of Lancatfter. IMMEDIATELY after Edward’s flicht had left the kingdom at Warwic’s dif- that nobleman haftened to London; and taking Henry from his confine- pofal, ment in the Tower, into which he had been the chief caufe of throwing him, he proclaimed him King with great folemnity. A parliament was fummoned in the name of that prince to meet at Weftminfter; and as this aflembly could pretend to no liberty amidft fuch enraged factions, governed by fuch an impe- tuous fpirit as Warwic, their votes were entirely dictated by the ruling party + The treaty with Margaret was here fully executed: Henry was recognized for lawful King ; but his incapacity for government being avowed, the regency was entrufted to Warwic and Clarence till the majority of prince Edward ; and in de- fault of that prince’s iffue, Clarence was declared fucceffor to the crown. The nfual bufinefs alfo of reverfals went on without oppofition: Every ftatute, made during the reign of Edward, was repealed , that prince was declared to be an ufurper ; he and his adherents were attainted ; and in particular, Richard, duke of Glocefter, his younger brother: All the attainders of the Lanca'trians, the dukes of Somerfet and Exeter, the earls of Richmond, Pembroke, Oxford and Ormond, were reverfed ; and every one was reftored, who had loft either ho- nours or fortune, by his former adherence to the caufe of Henry. © Tue ruling party were more fparing in their executions, than was ufual after any revolution during thofe violent times. The only victim of diftinction was John Tibetot, earlot Worcefter, conftable of England. This accomplithed per- fon, born in an age and nation where the nobility valued themfelves on ignorance as their privilege, and left learning to monks and fchoolmafters, for whom in- deed the fpurious erudition that prevailed, was. beit fitted, had been ftruck with the firft rays of true fcience, which began to penetrate from the fouth, and had been zealous, by his exhortations and example, to propagate the love of leiters among his unpolifhed countrymen. It is pretended, that knowledge had not pro- duced on this. nobleman himfelf, the effect which fo naturally attends it, of hu- * Grafton, p. 683. + Comines, liv. 3. chap. 6. Hall, fol..2z11. t Grafton, p. 691. Fabian, fol. 219. Polyd. Virg. p-521. | maniz. eee a — bee “* were teem a SS ee . E°D WAR -D: (IV. Hy. manizing the temper, and foftening the heart *; and that he had ‘enraged the Chap, XXII, Lancaftrians againft him, by the feverities which he exercifed upon them, during 147% the prevalence of his own party. He endeavoured to conceal himéfelf after the flight of Edward ; but was caught on the top of a tree in the foreft of Wey bridges was conducted to London, tried before the earl of Oxford, condemned and ex- ecuted. Al] the other confiderable Yorkifts either fled beyond fea, or took thelter in fanétuaries ; where the ecclefiaftical privileges afforded them protection. In Lon- don alone, it is computed, that no lefs than 2000 perfons faved themfelves jn this manner — ; and among the reft, Edward’s Queen, who was there delivered of a fon, called by his father’s name Tf. Queen Margaret, the other rival Queen, had not yet appeared in Englané@, but on receiving intelligence of Warwic’s fuccefs, was preparing with prince Ed- ward for her journey. All the banifhed Lancaftrians flocked to her; and among the reft, the duke of Somerfet, fon to the duke beheaded after the battle of Hexe ham. This nobleman, who had long been regarded as head of the party, had fled into the Low Countries on the difcomfiture of his friends; and as he concealed his name and quality, he had languifhed in the moft extreme want and indigence, Philip de Comines tells us §, that he himfelf there faw him, as well as the duke of Exeter, in a condition no better than that of the meaneft beggar ; till being difcovered by Philip duke of Burgundy, they had fmall penfions allotted them, and were living in filence and obfcurity, when the fuccefs of their party called them from their retreat. But both Somerfet and Margaret were detained by contrary winds, from reaching England |, till a new revolution in that kingdom, no lefs fudden and furprizing than the former, drew them into greater mifery than that from which they had juft emerged. Tuo’ the duke of Burgundy, by neglecting Edward, and paying court to the eftablifhed government, had endeavoured to conciliate the friendfhip of the Lan- caftrians, he found that he had not fucceeded to his wifh ; and the antient con- nexions between the King of France, and the earl of Warwic, ftill held him tis great doubt and anxiety |... This nobleman, too haftily regarding Charles as hig determined enemy, had fent over to Calaisa body of 4000 men, who committed inroads on the Low Countries * ; and the duke of Burgundy faw himfelf in dan- ger of being opprefied by the united arms of France and of England. He re- folved therefore to grant fome affiftance to his brother-in-law; but in fuch a co- vert manner, as fhould give the leaft offence poffible to the government of Eng- * Hall, fol. 210. Stowe, p, 422. . > Comines, liv, 3. chap. 7. ¢ Hall, fol. 210 Stowe, p- 423. Hollingthed, p.677, Grafton, p. Ggo. § Liv. 3. chap..4. ||. Grak ton, p. 692. Polyd. Virg. p. 522, + Hall, fol. 205. * Comines, liv. 3.. chap. 6: land. 1471. 2sth March. Edward LY. returns. gith April. Chap. XXII. CF, 406 HISTORY of ENGLAND. land. He equipped four large veffels, in the name of fome private merchants, at Terveer in Zealand ; and caufing fourteen fhips to be fecretly hired of the Eafter- lings, he delivered this fmall fquadron to Edward, who receiving alfo a fum of money from the duke, immediately fet fail for England. No fooner was Charles informed of his departure, than he iflued a proclamation inhibiting all his fubjeét, to give him countenance or affiftance *; an artifice which could not blind the ear] of Warwic, but which might ferve as a decent pretence, if he was-fo difpofed, for maintaining friendfhip with the houfe of Burgundy. EpwarbD, impatient to take revenge of his enemies, and to recover his loft authority, made an attempt to land with his forces, which exceeded not 2000 men, on the coaft of Norfolk ; but being there repulfed +, he failed northwards, and difembarked at Ravenfpur in Yorkfhire. Finding, that the new magiftrates, who had been placed in authority by the earl of Warwic, kept the people every where from joining him, he pretended, and even made oath, that he came not to challenge the crown, but only the inheritance of the houfe of York, which of right belonged to him, and that he did not intend to raife a civil war in the king- dom t. His partizans every moment flocked to his ftandard: He was admitted into the city of York §: And he was foon in a fituation, which gave him hopes of fuccefs in all his claims and pretenfions. The marquis of Montague command- ed in the northern counties; but from fome myfterious reafons, which, as well as many other important tranfactions in that age, no hiftorian has cleared up, he totally neglected the beginnings of an infurrection, which he ought to have efteem- ed fo formidable}. Warwic affembled an army at Leicefter, with an intention of meéting and of giving battle to the enemy ; but Edward, by taking another road, pafied him unmolefted, and prefented himfelf before the gates of London. Had he here been refufed admittance, he was totally ruined: But there were many caufes which inclined the citizens to favour him. His numerous friends, iffuing forth from their fanctuaries, were active in his caufe; many rich merchants, who had formerly lent him money, faw no other chance for their payment but his reftora- tion; the city-«dames, who had been liberal of their«favours to him, and who {till retained an affection for this young and gallant prince, fwayed their hufbands and friends in his behalf |; and above all, the archbifhop of York, Warwic’s brother, to whom the care of the city was committed, had fecretly, from unknown reafons, entered into a correfpondence with him, and he facilitated Edward’s ad- * Comines, liv. 3. chap. 6. + Holingfhed, p. 679. t Hall, fol. 214. Habing- ton, p.447. Holingfhed, p. 679. Grafton, p.698. Fabian,. fol. 210. § Polyd. Virg- p. 524. Leland’s collect. vol. ii. p. 504. | Hall, fol, z15. Habington, p. 447. Hol- Jingfhed, p. 680. Polyd. Virg.. p. 524. 4+ Comines, liv. 3. chap. 7 7+ miffion ! Ea Dy We Aw RD s FR 407 miffion into London. The moft likely caufe, which can be affigned for thofe Cl multiplied infidelities, even in the family itfelf of Nevil, is the fpirit of faction, which, when it becomes inveterate, it is very difficult for any man entirely to fhake off. Thefe perfons, who had long diftinguifhed themfelves in the York party, were unable to act with zeal and cordiality for the fupport of the Lancaf- trians ; and they were inclined, by every profpect of favour or accommodation, offered them by Edward, to return to their antient Connexions. However this may be, Edward’s entrance into London, made him matter not only of that rich and powerful city, but alfo of the perfon of Flenry, who, deftined to be the perpetual {port of fortune, thus fell again into the hands of his enemies *. Ir appears not, that Warwic, during his fhort adminiftration, which had con- tinued only fx months, had been guilty of any unpopular acts, or had any wife deferved to forfeit that general favour, with which he had fo lately overwhelmed Edward. But this prince, who was formerly the defendant, was now ‘the Ag grefior; and having overcome the difficulties, which always attend the beginnings of an infurrection, poffefled many advantages above his enemy: His partizans were actuated by that zeal and courage, which the notion of an attack in{pires ; his opponents were intimidated for a like reafon ; every one, who had been dif- appointed in the hopes, which he had entertained from Warwic’s elevation, either became a cool friend, or an open enemy to that nobleman; and each malecontent,, from whatever caufe, proved an acceffion to Edward’s army. he King, there- fore, found himfelf in a condition to face the earl of Warwic, who, being re- inforced by his fon-in-law, the duke of Clarence, and his brother the marquis, of Montague, took poft at Barnet, in the neighbourhood of London. The ar- rival of Queen Margaret was every day expeéted, who wou'd have drawn toge- ther all the true Lancaftrians, and have brought a mighty acceflion to Warwic’s forces: But this very confideration proved a motive to the earl rather to hurry on a decifive action, than to fhare the viétory with rivals and antient enemies, who he forefaw, would, in cafe of fuccefs, claim the chief merit in the enterprize +, But while his jealoufy was all direéted towards that fide, he overlooked the dan- gerous infidelity of. friends, who lay the neareft to his bofom. His brothers. Montague, who had lately temporized, feems now to have remained fincerely attached to the interefts of his family : But his fon-in-law, tho? bound to him by every tye of honour and gratitude, tho’ he thared the power of the regency, tho: he had been invefted by Warwic in all the honours and patrimony of the houfe of York, refolved to fulfil the fecret engagements, which he had formerly taken with his brother, and to fupport the interefts of his own family : He deferted to * Grafton, p. 702, t+ Comines, liv. 3. chap. 7. s the C9 408 mS TxG: RAY so r7-Ban G LOAN D. Chap. XXII. the King in the night-time, and carried over a body of 12,000 men alone with 14716 T 4th April, him *. Warwic was now too far advanced to retreat ; and as he rejected with difdain all terms of peace offered him by Edward and Clarence, he was obliged to hazard a general engagement. The battle was fought with great obitinacy on Battle of Bar- Hoth fides: Fhe two armies, in imitation of their leaders, exerted uncommon acts net, and death of Warwic. Battle of Teukefbury. Ath May. of valour: And the victory remained long undecided between. them. But an ac- cident threw at laft the balance to the fide of the Yorkifts. Edward’s cognifance was afun; that of Warwic a ftar with rays ; and the miftinefs of the morning rendering it difficult to diftinguifh them, John earl of Oxford, who fought on the fide of the Lancaftrians, was, by miftake, attacked by his friends, and chaced off the field of battle +. Warwic, contrary to his more ufual practice, engaged that day on foot, refolving to fhow his army, that he meant to fhare every fortune with them, and he was flain in the thickeft of the engagement [: His brother underwent the fame fate: And as Edward had iffued orders not to give any quar- ter, a great and undiflinguifhed flaughter was made in the purfuit§. There fel] about 1500 on the fide of the conquerors. Tur fame day that this decifive battle was fought ||, Queen Margaret and her fon, now about eighteen years of age, anda very promifing youth, arrived at Weymouth, fupported by a fmall body of French forces. When this princefs received intelligence of her hufband’s captivity, and of the defeat and death of the earl of Warwic, her courage, which had fupported her under fo many difaf- trous events, here quite left her ; and fhe immediately forefaw all the difmal con. fequences of this calamity. She took fanctuary at firft in the abbey of Beaulieu 1 . but being encouraged by the appearance of Tudor, earl of Pembroke, and Court- ney, earl of Devonfhire, of the lords Wenloc and St. John, with other men of rank, who exhorted her ftill to hope for fuccefs, fhe refumed her former fpirit, and determined to defend to the utmoft the ruins of her fallen fortunes, She ad- vanced thro’ the counties of Devon, Somerfet, and Glocetter, enicreafing her ar- my on each day’s march; but was at laft overtaken by the rapid and expeditious Edward, at Teukefbury, on the banks of the Severne. The Lancaftrians were here totally defeated : The earl of Devonfhire and lord Wenloc, were killed in the fiéld: The duke of Somerfet, and about twenty other perfons of diftin¢tion, having taken fhelter in a church, were furrounded, dragged out, and immediately beheaded : About 3000 of their fide fell in battle: And the army was entirely difperfed. * Grafton, p. 700. Comines, liv. 3. chap. 7. Leland’s Collect. vol. 11. p. 50%. + Hibing- ton, p. 449. + Comines, liv, 3. chap. 7. § Hall, fol. 218. || Leland’s Colleé, vol, ii. p. 505. | Hall, fol. 21g. Habington, p. 451. Grafton, p. 706. Poyd. Virg. p. 528. 2 ‘ QueEN ‘ ho ree — . — e a : ¢ g k % 4 ieee Wn ie ree. Oe at ot. " =) Bi DoW: ARs sy oS w Queen Margaret and her fon were taken prifoners, and brought to the Kin who afked the prince, after an infulting manner, how he dared to invade his do- minions? The young prince, more mindful of his high birth than of his prefent fortune, replied, that he came thither to claim his juft inheritance. The unge- nerous Edward, infenfible to pity, ftruck him on the face with his gauntlet ; and the dukes of Clarence and Glocefter, lord Faftings and Sir Thomas Gray, taking the blow asa fignal for farther violence, hurried the prince into the next apart- Marder of ment, and there difpatched him with their daggers *. Margaret was thrown in- HS _ tothe Tower: King Henry expired in that confinement a few days after the battle of Teukefbury ; but whether he died of a natural or violent death is uncertain, 409 8, Chap. XXIE 1471. It is pretended, and was generally believed, that the duke of Glocefter killed Death of him with his own hands+: But the univerfal odium under which that prince’s memory defervedly labours, inclined perhaps the nation to agoravate his crimes without any fufficient authority. It is certain, however, that Henry’s death was very fudden; and tho’ he laboured before under an ill ftate of health, this cir- cumftance, joined to the general minners of the age, gave a very natural ground of fufpicion; which was rather increafed than diminithed, by the expofing of his body to public view. That precaution ferved only to recal many fimilar inftances in the Englifh hiftory, and to fuggeft the comparifon. Aut the hopes of the Lancaftrians feemed now to be utterly extinguifhed. Every legitimate prince of that family was dead: Almoft all the great leaders of the party had perifhed in battle or on the fcaffold : Jafper, earl of Pembroke, who was levying forces in Wales, difperfed his army, when he received intelligence of the battle of Teukefbury; and he fled into Brittany with his nephew, the young earl of Richmond {. The baftard of Falconbridge, who had levied fome forces, and advanced to London during Edward’s abfence, was repulfed ; his men deferted him ; he was taken prifoner and immediately executed §: And peace being now fully reftored to the nation, a parliament was fummoned, which ratified, as ufual, all the acts of the victor, and recognized his legal authority. Bur this prince, who had been fo firm and aétive and intrepid during the courfe of adverfity, was ftill unable to refift the allurements of a profperous for_ tune; and he wholly devoted himfelf, as before, to pleafure and amufement, afte, he became entirely mafter of his kingdom, and had no longer any enemy who could give him anxiety or alarm. He recovered, however, by this gay and in. offenfive courfe of life, and by his eafy, familiar manners, that popularity, which * Hall, fol. 221. Habington, p. 453. Holingthed, p. 688. Polyd. Virg. p. 530. + Co- mines, Fall, fol. 223+ Grafton, p. 703. { Habington, p. 454. Polyd. Virg. p. 531. § Holingfhed, p. 689, 690. 693, Hill. Croyl. cont. Pe 554s Von. H. 3G it Henry VI. 6th O&. rd, 21ft May. es eat dll aia n nk, 7 = nN ? pete “wing Teper wer ai A 4 eee) . a Chap. XXII. 1472. 1474: SF, 410 HISTORY or ENGLAND. it is natural to imagine, he had loft by the repeated cruelties exercifed upon his enemies; and the example alfo of his jovial feftivity, ferved to abate the former acrimony of faction among his fubjects, and to reftore the focial difpofition, which had been fo long interrupted between the oppolite parties. All men feemed to be fully fatisfied with the prefent government 5 and the memory of paft calamities ferved only to imprefs the people more ftrongly with a fenfe of their allegiance, and with the refolution of never incurring any more the hazard of renewing fuch direful fcenes. | | Bur while the King was thus indulging himfelf in pleafure, he was rouzed from the lethargy by a profpect of foreign conquetts, which, it is probable, his defire of popularity, more than the fpirit of ambition, had made him covet. Tho’ he deemed himfelf very little beholden to the duke of Burgundy, for the reception which that prince had given him during his exile *, the political interefts of their ftates maintained ftill a clofe connectign between them ; and they agreed to unite their arms in making a powerful invafion on France. A league was formed, in which Edward ftipulatad to pafs the feas with an army, exceeding 10,000 men, and to invade the French territories: Charles promifed to join him with all his forces: The King was to challenge the crown of France, and to. ob- tain at leaft the provinces of Normandy and Guienne: The duke was to acquire Champaigne and forthe other territories, and to free all his dominions from the burthen of homage to the crown of France: And neither party was to make peace without the confent of the other T- They were the more encouraged to hope for fuccefs from this league, as the count de St. Pol, conftable of France, who was mafter of St. Quintin, and fome towns on the Somme, had fecretly pro- mifed them his affiftance ; and there were alfo hopes of engaging the duke of Brittany to enter into the confederacy. Tue profpect of a French war was always a fure means of making the parlia- ment open their purfes, as far as the habits of that age would permit. They voted the King a tenth of rents, or two fhillings in the pound ; which muft have been very inaccurately levied, fince it produced only 31,460 pounds ; and they added to this fapply a whole fifteenth, and three quarters of another $: But as the King deemed thefe fums ftill unequal to the undertaking, he attempted to le- vy money by the way of benevolence; a fort of exaction, which, except during the reign of Richard I. had fcarce ever been practiced in former times, and which, tho? the confent of the parties was pretended to be gained, could not be efteemed * Comines, liv. 3. chap. 7, + Rymer, vol, xi. p. 806, 807, 808, &c. t Cotton, p. 695, 700. Hilt, Croyl. cont. p. 558. entirely . . . ov i : 4 > nin MTEL ad ¥ ‘ ne ee ee ee PR ee Ee boy ee a BipDoW Wako ® Iv. 4tr. entirely voluntary *. The claufes, annexed to the parliamentary grant, fhow fufficiently the fpirit of the nation in this refpect. The money levied by the fif- teenth was not to be put into the King’s hands, but to be kept in religious houfes ; and if the expedition into France did not take place, it was immediately to be refunded to the people. After thefe grants, the parliament was diflolved, which had {at near two years and a half, and had undergone feveral prorogations ; a prac- tice not very ufual at that time in England. Tue King paffed over to Calais with an army of 1500 men at arms, and 15000 archers ; attended with all the chief nobility of England, who, prognofticating future fucceffes from the paft, were eager to appear in this great theatre of ho- nour 7. But all their fanguine hopes were damped, when they found, on enter- ing the French territories, that neither the conftable opened his gates to them, nor did the duke of Burgundy bring them the fmalleft affiftance. That prince, tranfported by his ardent temper, had carried all his armies to a great diftance, and had employed them in wars on the frontiers of Germany, .and againft the duke of Lorrain ; and tho’ he came in perfon to Edward, and endeavoured to apolo- gize for this breach of treaty, there was no profpect that they would be able this campaign to make a conjunction with the Englifh. This circumftance gave great difguft to the King, and inclined him to hearken to thofe advances, which Lewis continually made him for an accommodation. Tuat monarch, more fwayed by political views than by the point of honour; 1475+. Invafion of France. deemed no fubmiffions too mean, which could free him from enemies, whohad | proved fo formidable to his predeceffors, and who, united to fo many other ene- mies, might {till fhake the well eftablifhed governmentof France. It appears from Comines, that difcipline was, at this time, very imperfect among the Englith ; and that their civil wars, tho’ long continued, yet, being always decided by hafty battles, had ftill left them ignorant of the improvements, which the military art was be- ginning to receive upon the continent t. But as Lewis was fenfible, that the warlike genius of the people would:foon render them excellent foldiers, he was fat from defpifing them for their prefent want of experience; and he employed all his art to detach theth from their alliance with Burgundy. When Edward fent a herald to claim the crown of France, and to. carry him a defiance in cafe of re- fufal ; fo far from: anfwering to this bravade in like haughty terms, he replied with great temper, and even madethe herald, a confiderable prefent §: He took * Hail, fol.226. Habington, p. 461. Grafton, p. 719. Fabian, fol. 221. T Comines, liv. 4. chap. 5. ‘This author fays, (chap. 11.) that the King artfully brought over fome of the richeit of his fubjeé&ts, who, he knew, would be fvon tired of the war, and would promote all propofals of peace, which he forefaw, would foon become neceffary. t Comines, liv. 4. chap. 5. § Comines, liv, 4. chap. 5. Hall, fol. 227. 4 3G 2 afters iF a " if ¥ ’ Sey ee Chap. XXII. 1475° 2oth Auguft. Peace of Pecquigni. \_F, 412 His TiO RY wr voEN GL AND. afterwards an opportunity of fending a herald tothe Englifh camp ; and giving him direétions to apply to the lords Stanley and Howard, who, he heard, were friends to peace, hedefired the good offices of thefe noblemen in promoting an accommodation with their mafter*. As Edward was now fallen into like difpo- fitions, a truce was foon concluded on terms more advantageous than honourable to Lewis. He ftipulated to pay Edward immediately 75,000 crowns, on con- dition that he fhould withdraw his army from France, and promifed to pay him 50,000 crowns a year during their joint lives: It was added, that the Dauphin, when of age, fhould marry Edward’s eldeft daughter >. In order to ratify this treaty, the two monarchs agreed to have a perfomal interview ; and for this pur- pofe, fuitable preparations were made at Pecquigni near Amiens: A clofe rail was drawn acrofs a bridge in that place, with no larger intervals than’ would al- low the arm to pafs ; a precaution which was ufed to prevent a like accident with that which happened to John duke of Burgundy inhis conference with the Daus phin at Montereau. Edward and Lewis came to the oppofite fides; conferred privately together ; and having confirmed their friendfhip, and interchanged many mutual civilities, they foon after parted f. Lewis was anxious not only to gain the King’s friendfhip; but alfo that of the nation, and of all the confiderable perfons in the Englifh court. He beftowed penfions, to the amount of 16,000 crowns a year, on feveral of the King’s fa- vourites; on lord Haftings two thoufand crowns; on lord Howard and others in proportion; and thefe great minifters were not afhamed thus to receive wages from a foreign prince §. As the two armies, after the conclufion of the truce; remained fome time in the neighbourhood of. each other, the Englifh were not only admitted freely into Amiens, where Lewis refided, but had alfo all their charges defrayed, and had wine and victuals furnifhed them in every inn, with- out any payments being demanded. They flocked thither in fuch multitudes, that once above nine thoufand of them were in the town, and they might have made themfelves mafters of the King’s perfon ; but Lewis, concluding from their carelefs and diffolute manner of living, that they had no bad intentions, was care- ful not to betray the leaft figns of fear or jealoufy. And when Edward, in- formed of this diforder, defired him to fhut the gates againft them; he replied, that he would never agree to exclude the Englifh from the place where he refid- ed; but Edward, ifthe pleafed, might recall them, and place’ his:own officers at the gates of Amiens to prevent their returning ||. * Comines, liv. 4. chap. 7. + Rymer, vol. xii. p. 17. t Comines, liv..4. chap..9, § Hall, fol. 235. || Comines, liv. 4. chap. 9. Hall, fol. 233. Lewis’s Bit 3 A BD OW: ALR IV. Lewis’s defire of confirming a mutual amity with England, engaged him even to make imprudent advances, which coft him afterwards fome pains toevade. In the conference at Pecquigni, he had faid to Edward, that he withed to have a viit. from him at Paris ; that he would there endeavour to amufe him with the ladies ; and that, in cafe any offences were then committed, he would affign him the car- dinal of Bourbon for confeffor, who, from fellow-feeling, would not be over and: above fevere in the penances, which he would enjoin. This hint made deeper: impreffions than Lewis intended. Lord Howard, who accompanied him back to Amiens, told him, in confidence, that, if he was fo difpofed, it would not be impoflible to perfuade Edward to take a journey with him to Paris, where they might make merry together. Lewis pretended at firft not to hear this offer; but on Hloward’s repeating it, he exprefled his concern, that his wars with the duke of Burgundy would not permit him to attend his royal gueft, and do-him the honours he intended. ‘** Edward,” faid he privately to Comines, “ is a very: ‘“* handfome and a very amorous prince: Some lady: at Paris may like him as. “* well as he fhall do hers and may invite him to return in another manner, Te: “¢ is better that the fea.fhould be between us.” * Tuts: treaty. did very little honour to either of. thefe monarchs: It difcovered the imprudence of Edward, who had taken his meafures fo ill with his allies, as to. be obliged, after fuch expenfive preparations, to return without making any ac- quifitions, equivalent to them: It fhowed the want of. dignity in Lewis, who, rather than run the hazard of a battle, agreed to fubject his kingdom toa tribute, and thus acknowledge the fuperiority of a neighbouring prince, poffefled of much lefs power.and territory than himfelf. But at Lewis made intereft the fole teft of honour, he thought, that all the advantages of the treaty were on his fide, and that he had over-reached Edward by fending him out of France on fuch ealy terms-. For this reafon,. he was very folicitous. to conceal his triumph ;: and he {trictly.enjoined his courtiers never.to thow the Englith the leaft fign of mockery or ridicule againft them. But he did not himfelf very carefully obferve fo pru- dent.a rule: He could not forbear, one day, in the joy of his heart, throwing out fome raillery.on the-eafy. fimplicity of Edward and his council: Whenhe perceiv- ed, that he was overheard by a Gafcon, who had fettled in England... He was immediately fenfible of the blunder; fent a mefiage to the gentleman ; and of fered him fuch advantages in his own country, as engaged him to remain in. France. Lt ts but juji, faid he, that I pay the penalty of my talkativenefs. +. Tue moft honourable part of Lewis’s treaty with Edward was the ftipulation for the liberty of Queen Margaret, who, tho’ after the death of her-hufband and * Comines,: liv. 4. chap. 10.. Habington, p. 469, tT: Comines, liv. 3. chap, 10, fon, , 413. Chap. XXII... 1475. Chap. XXII. 1475« 1477: Cy, 4T4 TAIISTORY or ENGLAND. fon, fhe could no longer be formidable to the government, was {till detained in cultody by Edward. Lewis paid fifty thoufand crowns for her ranfom 5 and that -princefs, who had been fo aétive inthe ftage of the world, and who had experi- enced fuch a variety of fortune, paffed the reft of her days in tranquillity and pri- vacy, till the year 1482, when fhe died: An admirable princefs, but more illu- ftrious by her undaunted fpirit in adverfity, than by her moderation in profperity. She feems neither to have enjoyed the virtues, nor been fubject to the weaknefies of her fex; and was as much tainted with the ferocity, as endowed with the cou- rage, of that barbarous age in which fhe lived. Tuo’ Edward had fo little reafon to be fatisfied with the conduct of the duke of Burgundy, he referved to that prince a power of acceding to the treaty of Amiens: But Charles, when the offer was made him, haughtily replied, that he was able'to fupport himfelf without the affiftance of England, and that he would make no peace with Lewis, till three months after Edward’s return into his own country. This prince poffeffed all the ambition and courage of a conqueror; but being defective in policy and prudence, qualities no lefs eflential, he was un- fortunate in all his enterprizes ; and perifhed at laft in battle againft the Swifs * ; a people, whom he defpifed, and who, tho’ brave and free, had hitherto been in a manner overlooked in the general fyftem of Europe. This event, which hap- pened in the year 1477, produced a great alteration in the views of all the prin- ces, and was attended with confequences which were felt for many generations, Charles left only one daughter, Mary, by his firft wife; and this princefs being heir of his opulent and extenfive dominions, was courted by all the potentates of Chriftendom, who contended with each other for the poffeffion of fo rich a prize. Lewis, the head of her family, might, by a proper application, have obtained this match for the Dauphin, and have thereby united to the crown of France all the provinces of the Low Countries, together with Burgundy, Artois, and Pi- cardy ; which would at once have rendered his kingdom an overmatch for all his neighbours, But a man wholly interefted is as rare as one entirely endowed with the oppofite virtue ; and Lewis, though impregnable to all the fentiments of ge- nerofity and friendfhip, was, on this occafion, carried from the road of true po- licy by the paffions of animofity and revenge. He had imbibed fo deep a ha- tred of the houfe of Burgundy, that he chofe rather to fubdue the princefs by force of arms, than unite her to his family by marriage: He conquered the dut- chy of Burgundy and that part of Picardy, which had been ceded to Philip the Good by the treaty of Arras: But he forced the ftates of the Netherlands to be- ftow their fovereign in marriage on Maximilian of Auftria, fon to the emperor, © Comines, liv. 5. chap. 8. Frederic, ED: W-A RD. 415” Frederic, from whom they looked for protection in their prefent diftrefles : And Chap. XXII, by thefe. means, France loft the opportunity, which fhe never could recover, of 74/7: making that important acquifition of power and territory. Durine this interefting crifis, Edward was no lefs defective in policy, and was no lefs actuated by private paffions, unworthy of a fovereign and a ftatefman. Jealoufy of his brother, Clarence, had caufed him to neglect the advances which were made of marrying that prince, now a widower, to the heirefs of Burgun- dy *; and he fent her propofals of efpoufing Anthony earl of Rivers, brother to his.Queen, who ftill retained an entire afcendant over him. Butthe match was re- jected with difdain +; and Edward refenting this treatment of his brother-in-law, permitted Lewis to proceed without interruption in his conquefts over that de- fencelefs ally. Any pretence fufficed him for giving himfelf up entirely to indo- lence and pleafure, which were now become his ruling paffions. The only ob- ject, which divided his attention, was the improving the revenues of the crown, which had been extremely dilapidated by the neceffities or negligence of his prede- ceflors; and fome of his expedients for that purpofe, tho’ unknown to us, were deemed, during the time, oppreffive to the people t. The detail of private wrongs naturally efcapes the notice of hiftory ; but an act of tyranny, of which- Edward was guilty in his own family, has been taken notice of by all hiftorians, and has met with very general and deferved cenfure. eee ERSTE age HES ==, as 1482. oth April, Death and charaéter of Edward 1V. prudent or virtuous 5 ———————————————— A418 MLSs ow 1° OF ENG LAWN?’D. moft of thefe princefies were yet in their infancy, and tho’ the completion of his yiews, it was obvious, muft depend on numberlefs accidents, which were impof- Gble to be forefeen or prevented. His eldeft daughter, Elizabeth, was contract- ed to the Dauphin; his fecond, Cicely, to the eldeft fon of James III. King of Scotland; his third, Anne, to Philip, the eldeft fon of Maximilian and the dut- chefs of Burgundy 5. his fourth, Catharine, to John, fon and heir to Ferdinand, King of Arragon, and Ifabella, Queen of Caftile*. ._ None of thefe projected marriages took place; and the King himfelf faw in his life-time the rupture of the firft, that with the Dauphin, for which he had always difcovered: a peculiar fondnefs. Lewis, who paid no regard to treaties or engagements, found his ad- vantage in contracting the Dauphin to the princefs Margaret, the daughter of Maximilian; and the King, notwithftanding his indolence, prepared himfelf to revenge this indignity. The French monarch, eminent for prudence, as well as falfehood, endeavoured to guard againft the blow ; and by a proper diftribution of prefents in the court of Scotland, he excited James to make war upon Eng- land. This weak prince, who lived on bad terms with his own nobility, and whofe force was very unequal to the enterprize, levied an army ; but when they 1g to enter England, the barons, confpiring againft his favourites, were preparil put them to death without trial ; and the army prefently difperfed. The duke of Glocefter, attended by the duke of Albany, James’s brother, who had been banifhed his country, entered Scotland at the head of an army, took Berwic, and obliged the Scots to accept of a peace, by which they refigned that fortrefs to Edward. This fuccefs emboldened the King to think more ferioufly of a French war; but while he was making preparations for that enterprize, he was feized with a diftemper, of which he expired in the forty-fecond year of his age, and the twenty-third of his reign: A prince more fplendid and fhowy, than either brave, tho’ cruel; addicted to pleafure, tho’ capable of ac- tivity in great emergencies ; and lefs fitted to prevent ills by wife precautions, than to remedy them, after they took place, by his vigour and enterprize. - Be- fides five daughters, this King left two fons; Edward, prince of Wales, his fuc- ceffor, then in his thirteenth year, and Richard, duke of York, in his feventh. * Rymer, vol. ii. p. FLO. C:H fF. ao ee ee nee — . - . Pic eae —_— r " ea . “a ‘ . “a > ‘tH SS nets t A Kees Ss Bae —— de mee Ao * ole oe Eb . eee EDWARD V. and RICHARD Iti. Edward V. Duke of Glcefter protector tector aims at the crown——Affumes the crown ward V. and of the duke of York——Richard I. kingham difcontented The earl of Richmond cuted Invafion by the earl of Richmond Death and charaéter of Richard Il, State of the court The earl of Rivers arrefted—— Execution of lord Hafiings The pro- Murder of Ed- Duke of Buc- Buckingham exe- Battle of Bofworth eR yoy 2 SR Pps aE tattle the latter years of Edward IV. the nation having, in a great meafure, forgot the bloody feuds between the two Rofes, and acquiefcing peaceably in the eftablifhed government, was only agitated by fome court- intrigues, which, being reftrained by the authority of the King, feemed nowife to endanger the public tranquillity. Thefe intrigues arofe from the perpetual rivalfhip between two parties; the one confifting of the Queen and her relations, particularly the earl of Rivers, her brother, and the marquis of Doriet, her fon; the other compofed of the antient nobility, who envied the fudden growth and unlimited credit of that afpirine family *.- At the head of this latter party was the duke of Buckingham, a man of very noble birth, of ample poffeffions, of sreat alliances, of fhining parts; who, tho’ he had married the Queen’s fifter, was too haughty to act in fubferviency to her inclinations, and aimed rather at maintaining an independant influence and authority. - Lord Haftings, the cham- berlain, was another leader of the fame party ; and as this nobleman had, by his bravery and enterprize, as well as by his approved fidelity, acquired the confi- dence and favour of his mafter, he had been able, tho’ with fome difficulty, to fupport himfelf. againit the credit of the Queen. The lords Howard and Stanley maintained a connexion with thefe two noblemen, and brought a confiderable ac- ceffion of influence and credit to their party. All the other barons, who. had no * Sir T. More, p, 431. a Fi .2 particular Chap. XXII, 1483. State of the court. Chap.XXIIf, 1483. CO, 420 HISTORY or ENGLAND. particilar dependance on the Queen, adhered to the fame intereft ; and the people in genrral, from their natural envy againft the prevailing power, bore great favour to the caufe of thefe noblemen. Bui Edward knew, that, tho’ he himfelf had been able to overawe thofe rival factions, many diforders might refult from their contefts during the minority of his for; and he therefore took care, in his laft illnefs, to fummmon together feveral ef theleaders on both fides, and, by compofing their antient quarrels, to pro- vide, «far as poftible, for the future tranquillity of the government. After ex- prefling his intentions, that his brother, the duke of Glocefter, then abfent in the mrth, fhould be entrufted with the regency, he recommended to them peace ind unanimity during the tender years of his fon; reprefented te them the danges which muft attend the continuance of their animofities 5 and engaged them _ to emlrace each other with all the fymptoms of the moft cordial reconciliation. But this temporary or feigned agreement lafted no longer than the King’s life: He had n¢ fooner expired, than the jealoufies of the parties broke out afrefh: And each of then applied, by feparate meffages, to the duke of @locefter, and endeavoured to. acquire his favour and friendfhip. Tx's prince, during his brother’s lifetime, had endeavoured to live on good terms with both parties ; and his high birth, his extenfive abilities, and his great fervics, had enabled him to fupport himéelf.withour falling into a dependance. on eitler. But the new fituation of affairs, when the fupreme power was devolv- ed upn him, immediately changed all his meafures; and he fecretly deter- minedte preferve no longer that neutrality which he had hitherto maintained. His exorbiant ambition, unreftrained by any principle either of juftice or humanity, made 1im carry his views to the poffeffion of the crown itfelf ; and as this object could 10t be attained without the ruin of the Queen and her family, he fell, withott hefiration, into concert with the oppofite party. But being fenfible, that tie moft profound diffimulation was requifie to the effecting his criminal purpoes, he redoubled his profeffions af zeal and attachment to that princefs ; and he gained fuch credit with her, as to influence her conduct in a point, which, as it vas of the utmoft importance, was violently difputed between the oppofite factiors. , Tre King, at the time of his father’s death, refided in the caftle of Ludlow, en tht borders of Wales; whither he had been fent, that the influence of his pre- fence might overawe the Welfh, and reftore the tranquillity of that country,. which had been difturbed by fome late commotions. His perfon was committed to thicare of his uncle, the earl of Rivers, the moft accomplifhed nobleman in Englands, . s . ‘ ee eee ee ee Sagal ~ < m 8c -INOeD SP ehtiad eee ao. oo Ge pes - al ; [eee 2D WARD ¥. ee Eingland, who, having united an uncommon tafte for literature * to great abilities in bufinefs, and valour in the field, was intitled, by his talents, ftill more than by nearnefs of blood, to direct the education of the young monarch, The Queen, anxious to preferve that afcendant over her fon, which the had fo long maintained over her hufband, wrote to the earl of Rivers, that he fhould levy a body of forces, in order to efcort the King to London, to proteé him during his coronation, and to keep him from falling into the hands of their enemies. The oppolite faction, fenfible that Edward was now of an age when great advantages could be made of his name and countenance, and was approaching to the age when he would be le- gally intitled to exert in perfon his authority, forefaw, that the tendency of this meafure was to perpetuate their fubjeGtion under their rivals; and they vehement- ly oppofed a refolution, which they reprefented as the fignal for renewing a civil war in the kingdom. Lord Hattings threatened inftantly to depart to his govern- ment of Calais: The other nobles feemed refolute to oppofe force by force: And as the duke of Glocefter, on pretence of pacifying the quarrel, had declared againft all appearance of an armed power, which might be dangerous, and was nowife neceflary, the Queen, trufting to the fincerity of his friend fhip, and over- awed by fo violent an oppofition, revoked her orders to her brother, and defired him to bring up no greater retinue than would be neceffary to fupport the ftate and dignity of the young fovercign ft. Tue duke of Glocefter, mean while, fet out from York, attendec by a nu- merous train of the northern gentry. When he reached Northampton, -he was joined by the duke of Buckingham, who was alfo attended by a fplendid re- tinue; and as he heard, that the King was every hour expected on that road, he refolved to await his arrival, under colour of conducting him thence in perfon to London. The earl of Rivers, apprehenfive that the place would be too narrow to contain fo many attendants, fent bis pupil forward by another road to Stony- Stratford; and came himfelf to Northampton, in order to apologize for this meafure, and to pay his refpedcts to the duke of Glocefter. He was received with ghe greateft appearance of cordiality : He paffed the evening in an amicable and friendly manner with Glocefter and Buckingham: He proceeded on the Chap, XXIIZ. 1483. road with them next day to join the King: But as-he was entering Stony-Strat- The earl of ford, he was arrefted by orders of the duke of Glocefter |: Sir Richard Gray, one of the Queen’s fons, was at the fame time put under a guard, together with * This nobleman firft introduced the noble art of Printing into England. Caxton was recommende ed by him to the patronage of Edward 1V. See Catalogue of royal and noble authors. + Hilt. Croyl. cont. p. 564,565. } Sir T. More, p. 433. {| Elift. Croyl. cont. p. 564, 565. Sir Rivers ar. refted. ift of May, Chap. XXIII. Sit Th 5483. 4th May. 7 422 71:5 TO RY “or ENGLAND. omas Vaughan, who poffefied a confiderable office in the King’s houfe- hold; and all the prifoners were inftantly conducted to Pomfret. Glocefter ap- proached the young prince with the greateft demonftrations of refpect; and ‘en- deavoured to fatisfy him with regard to the violence committed on his uncle and brother: But Edward, much attached to thefe near relations, by whom he had been tenderly educated, was not fuch a matter of diffimulation as to conceal his difpleafure *. Tue people, however, were extremely rejoiced at this revolution ; and the duke was received in London with the loudeft acclamations: But the Queen no fooner received intelligence of her brother’s imprifonment, than fhe forefaw, that Gldcefter’s violence would not ftop there, and that her own ruin, if not that of all her children, was finally determined. She therefore fled into the fantuary of Weftminfter, attended by the marquis of Dorfet ; and fhe carried thither the five princefles, together with the duke of York+. She trufted, that the ecclefi- aftical privileges, which had formerly, during the total ruin of her hufband and family, given her protection againft the fury of the Lancaftrian faction, would not now be violated by her brother-in-law, while her fon was feated on the throne; and the refolved to await there the return of better fortune. But Glo- cefter, anxious to have the duke of York in his power, propofed to take him by force from the fan@tuary; and he reprefented to the privy council, both the in- dignity put upon the government by the Queen’s ill-grounded apprehenfions, and the neceflity of the young prince’s appearance at the enfuing coronation of his brother. It was farther alledged, that ecclefiaftical privileges were originally calculated only to give protection to unhappy men, perfecuted for their debts or crimes ; and were entirely ufelefs to a perfon, who, by reafon of his tender age, could lie under the burden of neither, and who, for the fame reafon, was utterly incapable of claiming fecurity from any fanctuary. But the two archbifhops, cafdinal Bourchier, the primate, and Rotheram archbifhop of York, protefting again{t the facrilege of this meafure; it was asreed, that they fhould firft endea- vour to bring the Queen to compliance by perfuafion, before any violence fhould | be employed againft her. Thefe prelates were known to be perfons of integrity and honour ; and being themfelves entirely perfuaded of the fincerity of the duke’s intentions, they employed every argument, accompanied with zealous entreaties, exhortations, and aflurances, to bring her over to the fame opinion. She con- ¢ nued long obftinate, .and infifted, that the duke of York, by living in th, {anctuary, was not only fecure himfelf, but gave alfo fecurity to the King, whof: life no one would dare to attempt, while his*fucceffor and avenger remained in * Sir T. More, p. <84. + Hift. Croyl. coit. p. 565. fafety. ee ea TN ek ek ee ee ete ~— a - “a ‘oe ita ee - Be Wa A RD V. 423 fafety. But finding, that no one fupported her in her fentiments, and that force, Chap. XXII in cafe of refufal, was threatened by the council, fhe at laft complied, and hs 1483. duced her fon to the two prelates. She was here on a fudden ftruck with a kind of prefage of his future fate: She tenderly embraced him, fhe bedewed him with her tears; and bidding him an eternal adieu, delivered him, with many expreflions of regret and reluctance, into their cuftody *. Tue duke of Glocefter, being the neareft male of the royal family capable of exercifing the government, feemed fully intitled, by the cuftoms of the realm, to the office of protector ; and the council, not waiting for the confent of parlia- Duke of Glo- ment, inftalled him, without fcruple, in that high dignity}. The general pre- cefter protec- judice entertained by the nobility againft the Queen and her kindred, occafioned ae this precipitation and irregularity; and no one forefaw any danger to the fuccef- fion, much lefs to the life of the infant princes, from a meafure fo obvious and fo natural. Befides that the duke had hitherto been able to cover, by the moft profound diffimulation, his fierce and favage nature ; the numerous iffue of Ed- ward, together with the two children of Clarence, feemed to be an eternal ob- ftacle to his ambition; and it appeared equally impracticable for him to difpatch fo many perfons poffeffed of a preferable title, and imprudent to exclude them: But a man, who had abandoned all principles of honour and humanity, was foon carried by his predominant paffion beyond the reach of fear or precaution ; and Glocefter, having fo far fucceeded in his views, no longer hefitated in removing. the farther obftructions which lay between him andthe crown. The death of the earl of Rivers, and of the other prifoners detained in Pomfret, was firft deter- mined; and he eafily obtained the confent of the duke of Buckingham, as well ~as of lord Haftings, to this violent and fanguinary meafure. However ealy it was, in thofe illegal and barbarous times, to procure a fentence again{t the moft innocent perfon, it appeared {till more eafy to difpatch an enemy, without any and orders were accordingly iffued to Sir Richard Rat- trial or form of procefs; to cut of the heads of cliffe, a proper inftrument in the hands of this tyrant, the noble prifoners. The protector then aflailed the fidelity of Buckingham by all the arguments capable of fwaying a vicious mind, which knew no motive of ac- tion but intereft and ambition, He reprefented, that the murder of perfons fo nearly related to the King, whom that prince profeffed fo openly to love, and whofe injuries he fo much refented, would never pafs unpunifhed ; and all the bound in prudence to prevent the effects of his future Queen for ever at a diftance 1g into his tender actors in that fcene were vengeance: That it would be impoflible to keep the from her fon, and equally impoffible to prevent her from inftillir + Hift, Croyl. cont. p- 566. * Sir Thomas More, p. 491. . PS mind ( ee) 424 HISTORY or ENGLAND. Chap. XXII, mind the thoughts of retaliating, by like executions, the fanguinary infults com- 1483, 13th June. mitted on her family: That the only method of obviating thefe mifchiefs was by putting the fceptre into the hands of a man, of whofe friendfhip the duke might be affured, and whofe years and experience taught him to pay refpect to merit and to the rights of antient nobility: And that the fame neceflity which had carried them fo far in refitting the ufurpation of thefe intruders, muft juftify them in at- tempting farther innovations, and in making, by national conlent, a new fettle- ment of the fucceffion. ‘To thefe reafons, he added the offers of great private advantages to the duke of Buckingham, and he eafily obtained from him a promile of fapporting him in all his enterprizes. Tue duke of Glocefter, knowing the importance of gaining lord Haftings, founded at a diftance his fentiments, by the means of one Catefby, a lawyer, who was a great confident of that nobleman; but found him impregnable in his al- legiance and fidelity to the children of Edward, who had ever honoured him with his friendthip *, He faw, therefore, that there was no longer any meafures to be kept with him; and he determined to ruin utterly the man, whom he defpaired of engaging to concur in his ufurpation. On the very day, when Rivers, Gray, and Vaughan, were executed, or rather murdered, at Pomfret, by Haftings’s advice, the protector fummoned a council in the Tower; whither that nobleman, fufpecting no defign againft him, repaired without hefitation. The duke of Glo- cefter was capable of committing the moft bloody and treacherous murders with the utmoft coolnefs and indifference. On taking his place at the council-board, he appeared in the eafieft and moft jovial humour in the world. He feemed to indulge himfelf in familiar converfation with the counfellors, before they fhould enter upon bufinefs; and having paid fome compliments to Morton, bifhop of Ely, on the good and early ftrawberries which he raifed in his garden at Hol- born, he begged the favour of having a difh of them, which that prelate imme- diately difpatched a fervant to bring him. The protector then left the council, as if called away by fome other bufinefs ; but foon after returning, with an angry and enflamed countenance, he afked them, what punifhment thofe deferved that had plotted againft bis life, who was fo nearly related to the King, and was en- trufted with the adminiftration of the government? Hfaftings replied, that they merited the punifhment of traitors. Thefe traitors, cried the protector, are thé forcerefs, my brother's wife, and Fane Shire, bis mifirefs, with otbers, their affo- ciates: See to what a condition they have reduced me by their incantations and witch- craft: Upor which he laid bare his arm, all fhrivelled and decayed. But the counfellors, who knew that this infirmity had attended him from jhis birth, * Sir T. More, p. 493. cual OOKE i he ows oe hb 7 ] . ED; WARD oe 425 leoked at each other in amazement; and above all, lord Haftings, who as he Chap. XXIII, had, fince Exdward’s death, engaged in an intrigue with Jane Shore *, was na- 1483. turally anxious concerning the iffue of thefe extraordinary proceedings. Certainly, my lord, haid he, if they be guilty of thefe crimes, they deferve the feverelt punifbment. And do you reply to me, exclaimed the Protector, with your ifs and jour eh Vou ave the chief abettor of that witch Shore: You are yourself a traitor: And I fwear by St. Paul, that I will not dine before your bead be brought me. He ftruck the table with his hand: Armed men rufhed in at the fignal: The counfellors were thrown into the utmoft confternation : And one of the guards, as if by accident or miftake, aimed a blow at lord Stanley, with a poll-ax, who, aware of the dan- ger, flunk below the table, and tho’ he faved his life, he received a fevere wound on the head, in the protector’s prefence. Haftings was feized, was hurried AWAY, Byecution of and inftantly beheaded on a timber log, which lay in the court of the Tower +. lord Haftings. Two hours after, a proclamation, well-penned and fairly wrote, was read to the citizens of London, enumerating Haftings’s offences, and apologizing to them, from the fuddennefs of the difcovery, for the fudden execution of that nobleman, who was very popular among them: But the faying of a merchant was much talked on that occafion, who remarked, that the proclamation was certainly drawn by the fpirit of prophecy f. Lorp Stanley, the archbifhop of York, the bifhop of Ely, and other counfel- lors, were committed prifoners to different chambers of the Tower: And the protector, in order to carry on the farce of his accufations, ‘ordered the goods of Jane Shore to be feized ; and he fummoned her to anfwer before the council for for- cery and inchantment. But as no proofs, which could be received even in that ignorant age, were produced againft her, he ordered her to be tried in the {fpiritu- al court, for her adulteries and lewdnefs; and fhe did penance in a white fheet at St. Paul’s before the whole people. This lady was born of reputable parents in London, was well educated, and married to a fubftantial citizen ; but unhap- pily, views of intereft, more than the maid’s inclinations, had been confulted in this match, and her mind, tho’ framed for virtue, had proved unable to refift the * Sir Thomas More, who has been followed» or rather tranfcribed, by all the hiftorians of this fhort reign, fays, that Jane Shore had fallen into connexions with lord Haftings; and this account agrees beft with the courfe of the events: But in a proclamation of Richard’s, to be found in Rymer, vol. xii, p- 204, the marquis of Dorfet is reproached with thefe connexionss ‘This reproach, however, might have been invented by Richard, or founded only on popular rumour; and is not fuflicient toover- balance the authority of Sir Thomas More. The proclamation is remarkable for the hypocritical pu- rity of manners affected by Richard: This bloody and treacherous tyrant upbraids the Marquis and others with their gallantries and intrigues as the moft terrible enormities. + Hitt.-Croyl. cont. p. 566. ¢t Sir Thomas More, p. 496. Vou. U. zi ) allure- et pa -_ 426 HIS T‘'OR. ©F ENGLAND. Chap. XXIIL allurements of Edward, who follicited her favours. But while feduced from her 1483: duty by this gay and amorous monarch, fhe ftill made herfelf refpectable by her other virtues; and the afcendant, which her charms and vivacity long maintained over him, was all employed in acts of beneficence and humanity. She was ftill forward to oppofe calumny, to protect the opprefied, to relieve the indigent; and her good offices, the genuine refult of her heart, never waited the folicitation of prefents, or the hopes of reciprocal favours, But fhe lived not only to feel the bitternefs of fhame impofed on her by this barbarous tyrant, but to experience in old age and poverty, the ingratitude of thofe courtiers, who had long folicited her friendfhip, and been protected by her credit. No one, among the great multi- tudes, whom fhe had obliged, appeared to bring her confojation or relief: She languifhed out her life in folitude and indigence: And amidft a court, enured to the moft atrocious crimes, the frailties of this woman juftified all violations of friendfhip towards her, and all oblivion of former favours. / Theprotehor Pyose ats of violence, exercifed againft all the neareft ‘connexions of the aims at the s 7 ; : crowns late King, prognofticated the fevereft fate to his defencelefs children; and after | the murder of Haftings, the Proteétor made no longer a fecret of his intentions to ufurp the crown. The licentious life of Edward, who was not reftrained in his pleafures by any principle either of honour or prudence, afforded a pretence fot declaring his marriage with the Queen invalid, and all his pofterity ilegiti- mate. It was afferted, that before his efpoufals with the lady Elizabeth Gray, he had paid court to the lady Eleanor Talbot, daughter to the earl of Shrewfbury ;. and being repulfed by the virtue of that lady, he was obliged, ere he could cratify his defires, to confent to a private marriage, without any witnefles, by Stillington, bifhop of Bath, who afterwards revealed the fecret*: It was alfo. maintained, that the ac of attainder, paffed againft the duke of Clarence, had virtually incapacitated his children from fucceeding to the crown; and thefe two families being fet afide, the Protector of courfe remained the only true and legi- timate heir of the houfe of York, But as it would be difficult, if not impoffible, to prove the preceding marriage of the late King; and as the principle which. excluded the heirs of an attainted blood from private fuccefflions was never ex- tended to the crown; the Protector refolved to make ufe of another plea. {til} more fhameful and fcandalous. His partizans were taught to maintain, that both Edward IV. and the duke of Clarence, were illegitimate ; that the dutchefs of York had received different lovers into her bed, who were the fathers of thefe children ; that their refemblance to thofe gallants was a fufficient proof of their fpurious birth ; and that the duke of Glocefter alone, of all her fons, appeared, hy Ped ie i h « > ow Se ee a ee ee # Hilt. Croyl. cont. p. 567. Comines. Sir Thomas More, p. 482. \ 3 by @ d >» Se. 5 Sie eel : aes ~SWnew a he Pg A s 1) ae Be. BD GW A Ree DD V. 427 by his features and countenance, to be the lawful offspring of the duke of York Chap. XXII Nothing can be imagined more impudent than this affertion, which threw fo foul an imputation on his own mother, a princefs of irreproachable virtue, and then alive; yet the place chofen for firft promulgating it was the pulpit, before the whole people, and in the Protector’s prefence. Dr. Shaw was appointed to preach in St. Paul’s; and having chofen this paflage for his text, Baflard flips frail not thrive, he enlarged on all the topics, which could difcredit the birth of Ed- ward LV. the duke of Clarence, and of all their children. He then broke out in a panegyric on the duke of Glocefter; and exclaimed, ‘“‘ Behold this excellent ‘¢ prince, the exprefs image of his noble father, the genuine defcendant of the <¢ houfe of York, bearing, no lefs in the virtues of his mind, than in the features <¢ of his countenance, the chara¢ter of the gallant Richard, once your hero and ‘¢ favourite: He alone is entitled to your allegiance: He muft deliver you from ‘© the dominion of all intruders: He alone can reftore the loft glory and honour ‘© of the nation.”’ It was previoufly contrived, that, as the doctor fhould pro- nounce thefe words, the duke of Glocefter fhould enter the church; and it was. expected that the audience fhould cry out, God fave King Richard; which would! immediately have been laid hold of as a popular confent, and interpreted to be! the voice of the nation: But by a ridiculous miftake, worthy of the whole fcene, ' the duke did not appear till after this exclamation was already recited by the The doétor was therefore obliged to repeat his rhetorical figure out of place: The audience, lefs from the abfurd conduct of the difcourfe, ' kept a profound filence; and the preacher. its proper than from their deteftation of thefe proceedings, Proteétor and his preacher were equally abafhed at the ill fuccefs of their ftrata~- gem, Burt the duke was too far advanced to recede from his criminal and ambitious s, A new expedient was tried to work on the people. The mayor, who was &or Shaw, and entirely in the Protector’s intereft, called an afiembly where the duke of Buckingham, a man who pofiefied fome talents harangued them on the Proteétor’s title to the throne, and difplayed that prince was poffeffed. He next duke for King? and then ftopr, project brother to do of the citizens ; for eloquence, thofe numerous virtues, of which, he pretended, a(ked them, whether they would not have the in expectation of hearing the cry, God fave King Richard. THe was furprized to obferve them Gilent; and turning about to the mayor, he afked him the reafon. The mayor replied, that perhaps they did not underftand bia. Buckingham then repeated his difcourfe with fome variation 5 inforced the fame topics, afked the fame queftion, and was received with the fame filence. “ I aow fee the caule,” faid the mayor, ‘* th citizens are not accuftomed to be harangued by any bue | “ theif g12 1483, 22d June. oF, 428 HISTORY or ENGLAND. . oe LG 4 | 4 5 a ¢ ads 7 4 9. ae Chap. Xxmlr, ** their recorde 3 and know not how to anfwer a perfon of your grace’s quality.’? 1433. * The recorder, Fitz-Williams, was then commanded to repeat the fubftance of the duke’s fpeech; but the man, who was very averfe to the office, took care, throughout his whole difcourfe, to have it underftood, that he {poke nothing of himfelf, and that he only conveyed to them the fenfe of thé duke of Buckingham. Sull the audience kept a profound filence: ** This is wonderfu] obitinacy,” cried the duke: ** Expre{s your meaning, my friends, one way or other: When we ap- ** ply to you on this occafion, it is merely from the regard which we bear to you. ** The lords and commons have fufficient authority, without your confent, to -** appoint a King: But I require you here to declare in plain terms, whether or ~** not you ‘will have the duke of Glocefter for your fovereign.” After all thefe efforts, fome of the meaneft apprentices, incited by the Proteétor’s and Bucking- ham’s fervants, raifed a feeble cry, God fave King Richard *: the nation were now fufficiently declared : The voice of the people was the voice 25th June. of God: And Buckingham with the mayor, haftened to Baynard’s caftle, where the Protector then refided, that they might engage him to.aflume the govern. ment. | WueEn Richard was told, that a great multitude was in the court, he refuted ‘to appear to them, and pretended to be apprehenfive for his perfonal fafety : A. circumftance much taken notice of by Buckingham, who obferved to the citizens, that the prince was ignorant of the whole defign. At laft, he was perfuaded to come forth, but he ftill kept at fome diftance ; and’ he afked the meaning of. their intrufion and importunity. Buckingham told him, that the nation were re: folved'to have him for King: The Proteétor declared his purpofe to maintain his loyalty to the prefent fovereign, and exhorted them to adhere to the fame re folution. He was told, that the nation were determined to have: another prince ; + Bookhins and if he rejected their unanimous voice, they mutt look out for one, who would: sffamesthe 0€ MOrecompliant. This argument was too powerful to be refi throne. vailed on to accept of the crown: And he thenceforth aged rightful fovereign. Tuts ridiculous farce was foon. after followed: by a fcene truly tragical: The Murder of Murder of the two infant princes. Richard fent orders to Sir Robert Brakenbury, ery conftable of the Tower, to put his nephews to.death ; but this gentleman, who duke of York. had fentiments of honour, refufed to have any hand in the infamous office. The tyrant then fent Sir James Tyrrel, who promifed obedience ; and he ordered Brat kenbury to refign to this gentleman the keys of the Tower for one night. Tyr rel, choofing three affociates, Slater, Dighton and Forreft, came in the night- fted: He was pre- as legitimate and: “ Sir Thomas More, p. 406. ? time ~The fentiments of eacape teh trein tends Nicene Aen eRRARE Sets mee = er ee eens rs BE DW AR D V. 4:29 time to the door of the chamber where the princes were lodged the affaffins, he bid them execute their commiffion; while he himfelf ftaid with- out. ‘They found the young princes in bed, and fallen into a found fleep. After fuffocating them with the bolfter and pillows, they fhowed their naked bodies to Tyrrel, who ordered them to be. buried at the ftair foot, deep in the ground, under a heap of ftones*. Thefe circumftances were all confefled by the actors in the following reign ; and they were never punithed for the crime : Probably, becaufe Henry, whofe maxims of government were extremely arbi- trary, defired to eftablith it as a principle, that the commands of the reigning fo- vereign ought to juftify every enormity in thofe who paid obedience to them. But there is one circumftance not fo eafy to be accounted for: It is pretended, that Richard, difpleafed with this indecent manner of burying his nephews, whom he had murdered, gave his chaplain orders to dig up the bodies, and to inter them in confecrated ground ; and as the man died foon after, the place of their burial remained unknown, and the bodies could never be found by any fearch, ‘which Henry VII. could make for them: Yet in the reign of Charles II. when there was occafion to remove fome ftones and to dig into the very fpot, which was, mentioned as the place of their firft interment, the bones of two perfons were there found, which by their fize correfponded exactly to the age of Edward and his brother: They were concluded with certainty to be the remains of thofe princes, and were interred under a marble monument by orders.of King Charles-t,. Perhaps, Richard’s chaplain had died before he found an opportunity of execue- ing his mafter’s: commands; and the bodies being fuppofed: to be already re- moved, @ diligent fearch was not made for them by Henry in the place where they had been interred. * Sir T. More, p. sor, + Bennet, p. 551. RICHARD ; and fending in Chap, XXIIE. 1484, Chap. XXIII. 1483, Ca, 430 HISFORY or ENGLAND. rR i aR HE firftt as of Richard’s adminiftration were to bellow rewards on thofe who had affifted him in ufurping the crown, and to gain by favours: thofe, who, he thought, were beft able to fupport his future government. ‘T’homas, lord Howard, was created duke of Norfolk; Sir Thomas Howard, his fon, earl. of Surrey; lord Lovel, a vifcount by the fame name, even lord Stanley was fet at liberty and made lord fteward of the houfehold. This nobleman had become obnoxious by his firft oppofition to Richard’s views, and alfo by his marrying the countefs dowager of Richmond, the heirefs of the Somerfet family ; but fenfible of the neceffity of fubmiffion to the prefent government, he counterfeited fuch zeal for Richard’s caufe, that he was received into favour, and even found means to be entrufted with the moft important commands by that politic and jealous tyrant. } Burt the perfon, who, both from the greatnefs of his fervices and the power and fplendor of his family, was beft intitled to favours under the new government, was the duke of Buckingham ; and Richard feemed determined to fpare no pains nor bounty in fecuring him to his interefts. Buckingham was defcended from a daughter of Thomas of Woodftock, duke of Glocefter, uncle to Richard I. and by this pedigree, he was both allied to the royal family, and had claims for dignities as well as eftatés, of a very extenfive nature. The duke of Glocefter and Henry earl of Derby, afterwards Henry 1V. had married the two daugh- ters and co-heirs of Bohun, earl of Hereford, one of the greateft of the antient barons, whofe immenfe property came thus to be divided into two fhares, The one was inherited by the family of Buckingham; the other was united to the crown by the family of Lancafter, and after the forfeiture of that royal line, was feized as legally devolved to them, by the fovereigns of the houfe of York. The duke of Biickingham laid hold of the prefent opportunity, and claimed the re- ftitution of that portion of the Hereford eftate, which had efcheated to the crown, as well as of the great office of conftable, which had long continued by inheri- tance in his anceftors of that family. Richard readily complied with thefe de- mands, which were probably the price ftipulated to Buckingham for his affift- ance in promoting the ufurpation. That nobleman was inftalled in the office of conftable, he received a grant of the eftate of Hereford *; many other dignities * Dugdale’s Baron, vol. i. p. 168, 169. an: eee Reet “bane ee ih i — z ndowtes Mae ey; he Ri C::.H 4.Re BD » BE 431 and honours were conferred upon him; and the King thought himfelf fecure of Chap. XXII. preferving the fidelity of a man, whofe interefts feemed to be fo clofely connect- ed with thofe of the prefent government. Bur it was impoffible, that friendfhip could long remain inviolate between Duke of two men of fuch corrupt morals as Richard and the duke of Buckingham. Hif. torians afcribe their firft quarrel to the King’s refufal of making reftitution of the Hereford eftate ; but it is certain from records, that he paffed a grant for that purpofe, and that the full demands of Buckingham were fatisfied in this particu- lar. Perhaps, Richard was foon fenfible of the danger which might enfue from conferring fuch an immenfe property on a man of fo turbulent a character, and afterwards raifed difficulties about the execution of his own grant: Perhaps he refufed fome other demands of Buckingham, whom he found it impoffible to fa- tisfy for his paft fervices: Perhaps, he refolved, according to the ufual maxim of politicians, to feize the firft opportunity of ruining this powerful fubjeét, who had been the principal inftrument of his own elevation; and the difcovery of this intention begot the firft fufpicions in the duke of Buckingham. However this may be, it is certain, that the duke, foon after Richard’s acceflion, began to form a confpiracy againft the government, and attempted to overthrow that ufur- pation, which he himfelf had fo zealoufly contributed to eftablifh. ~ ‘Never was there an ufurpation in any country more flagrant than that of Richard, nor. more repugnant to every principle of juftice and public intereft- His claim was entirely founded on impudent allegations, never attempted to be proved, fome of them incapable. of proof, and all of them, implying fcandalous reflections on his own family, and on =the perfons with whom he was the moft nearly connected. His title was never acknowledged by any national afiembly, fcarce even by the Jowelt populace to whom he appealed; and had become preva- lent merely for want of fame perfon of diftinction, who might ftand forth againtt him, and give.a voice to thofe fentiments of general deteftation, which arefe in: every bofom. Were men difpofed.to pardon. thefe violations of public right, the fenfe of private and domeftic duty, which is not to be effaced in the moft. bar- barous times, muft have begot an abhorrence againft him 5 and have reprefented the murder of the young and mnocent princes, his nephews, with whole protec- tion he had been entrufted, in the moft odious. colours imaginable. To endure fuch a bloody ufurper feemed ,to draw difgrace upon the nation, and’ to. be at- tended with immediate danger to every individual,, who was diftinguifhed by _his. birth, merit, or fervices. .Such was become the,general voice of the people ;. all parties were united in the fame fentiments; and the Lancaftrians, fo long oppref- : . se » | os = = 7 ae 4 ‘ fed, and, of late, fo much difcredited, felt their blafted hopes again revive, and. anxi- difcontented . Chap. XXIII. 1483, The earl of Richmond. (ry 4.42 HISTORY or ENGLAND. anxtoufly attended to the confequences of. thefe extraordinary events. ‘The duke of Buckingham, whofe family had been devoted to that intereft, and who, by his mother, a daughter of Edmund, duke of Somerfet, was allied ‘to the houfe of Lancafter, was eafily inclined to efpoufe the caufe’ of this party, and to endea- vour the reftoring it to its antient {uperiority. Morton, bifhop of Ely, a zea. lous Lancaftrian, whom the King had imprifoned, and had afterwards commit- ted to the cuftody of Buckingham, encouraged thefe fentiments; and by his ex- hortations the duke caft his eye on the young earl of Richmond, as the only per- fon, who could free the nation from the tyranny of the prefent ufurper *, Fenry, earl of Richmond, was at this time detained in a kind of honourable cuftody by the duke of Brittany; and his defcent, which feemed_ to give him fome pretenfions to the crown, had been a great object of jealoufy both in the late and in the prefent reign. John, the firft duke of Somerfet, who was erand{on of John of Gaunt, by a fpurious branch, but legitimated by act of parliament, had left only one daughter, Margaret ; and his younger brother, Edmund, had fac- ceeded him in his titles, and in a confiderable part of his fortune. Margaret had efpoufed Edmund, earl of Richmond, half brother of Henry VI. and fon of Sir Owen Tudor and Catherine of France, reli& of Flenry V. and fhe bore him on- ly one fon, who received the name of Henry, and who, after his father’s death, inherited the honours and fortune of Richmond. His mother, being a widow, had efpoufed in fecond marriage Sir Henry Stafford, uncle to Buckingham, and after the death of that gentleman, had married the prefent lord Stanley ; but had no children by either of thefe hufbands; and her fon, Henry, was thus, in the event of her death, the Only lawful heir of all her fortunes. Bur this was not the moft confiderable advantage,’ which he had reafon to expect from her fucceffion : He would reprefent the eldeft branch of the houfe of Somerfet ; rit all the title of that family to the crown; and tho’ its claim, mate branch fubfifted of the houfe of Lancafter, had always been ed, the zeal of faction, after ‘the death of Henry VI. and the 1 | aurder of prince Edward, immediately conferred:a weight and confideration upon it. Kine Edward 1V. finding that all the Lancaftrians had caft their eyes to. wards the young earl of Richmond, as the object of their hopes,‘ thought him alfo worthy of his attention; and purfued him into his retreat in Brittany, whi- ther his uncle, the ear! of Pembroke, had carried him, after the battle of Teukef. bury, fo fatal to his party. He applied to Francis II. duke of Brittany, who was his ally, a weak but a good prince; and defired him to deliver up this he would inhe- while any legiti- fugi- * Hift. Croyl. cont. p. 68. tive, much difregard. | a eae — Reeren ., - + RICH A&R Do TH 433 tive, who might be the fource of future difturbances in England: But the duke, averfe to fo difhonourable a propofal, would only confent, that, for the fecurity of Edward, the young nobleman fhould be detained in cuftody ; and he received an annual penfion from England for the fafe keeping or fubfiftance of his prifo- ner. But towards the end of Edward’s reign, when the kingdom was menaced with a war both from France and Scotland, the anxieties of the Englifh court with regard to Henry were very much encreafed ; and Edward made a new pro- pofal to the duke, which covered, under the faireft appearances, the mott bloody and treacherous intentions, He pretended, that he was defirous of gaining his enemy, and of uniting him to his own family by a marriage with his daughter, Elizabeth; and he folicited to have him fent over to England, for the executing a icheme, which would redound fo. much to his advantage. Thefe pretences, feconded by bribes to Peter Landais, a cotrupt minifter, by whom the duke was entirely governed, gained credit with the court of Brittany: Henry was deliver- ed into the hands of the Englifh agents: He was ready to embark: When a ful picion of Edward’s real defign was fugegefted to the duke, who recalled his or- ders, and thus faved the unhappy youth from the imminent danger, which hung over him. Turse fymptoms of continued jealoufy in the reigning family of England, both feemed to give fome authority to Henry’s pretenfions, and made him the obje&t of general favour and compaffion, on account of the dangers and perfecu- tions to which he was expofed. The univerfal deteftation of Richard’s conduc turned ftill more the attention of the nation towards him; and as all the defcen- dants of the houfe of York were either women or minors, he feemed to be the only perfon from whom the nation could expect the expulfion of the odious and bloody tyrant. But notwith{tanding thefe circumftances, which were fo favour- able to Henry, Buckingham and the bifhop of Ely well knew, that there would {till lie many obftacles in his way to the throne; and that tho’ the nation had been extremely divided between Henry VI. and the duke of York, when prefent poffeffion and hereditary right ftood in oppofition to each other; yet, fo foon as thefe titles were conjoined by Edward IV. the bulk of the people had come over to the reigning family ; and the Lancaftrians had extremely decayed, both in numbers and authority. It was therefore fuggefted by Morton, and readily af- {ented to by the duke, that the only means of overturning the prefent ufurpation, was to unite the oppofite factions, by contracting a marriage between the earl of Richmond and the princefs Elizabeth, eldeft daughter of King Edward, and thereby blending together the oppofite pretenfions of their families, which had {fo long been the fource of public diforders and convulfions. They were fenfible, Vou. IL. 3K that Chap. XXIII, 1483. Cd 434 HISTORY or EN GLAND. Chap. Xx, that the people were extremely defirous of repofe after fo many bloody and deftruc- 1483. Oober, tive commotions; that both Yorkifts and Lancaftrians, who now lay equally un- der oppreffion, would embrace this fcheme with ardour ; and that the profpect of reconciling the two parties, which was in itfelf fo defirable an end, would, when added to the general hatred of the prefent government, render their caufe abfo- lutely invincible. In confequence of thefe views, the prelate, by means of Re- sinald Bray, fteward to the countefs of Richmond, opened the firft propofals of fuch an union to that lady; and the fcheme appeared fo advantageous for her fon, and, at the fame time, fo likely to fucceed, that it admitted not of the leaft he- fitation. Dr. Lewis, a Welfh phyfician, who had accefs to the Queen-dowager in her fanétuary, carried the propofa!s to her; and found, that revenge for the murder of her brother and of her three fons, apprehenfions for her furviving fa- mily, refentment of her confinement and oppreffions, eafily overcame all her pre- judices againft the houfe of Lancafter, and procured her approbation of a mar. riage, to which the age and birth, as well as the prefent fituation, of the two par- ties, feemed fo naturally toinvite them. She fecretly borrowed a fum of money in the city, fent it over to the earl of Richmond, required his oath to fulfil the marriage as foon as he fhould arrive in England, advifed him to levy as many fo- reign forces as poffible, and promifed to join him, on his firft appearance, with all the friends and partizans of her family. Tue plan being thus laid upon the folid foundations of good fenfe and found policy, it was fecretly communicated to the principal perfons of both parties in all the counties of England; and a wonderful alacrity appeared in every order of men, to forward its fuccefs and completion. But it was impoffible, that fo ex- tenfive a confpiracy could be conducted fo fecretly as entirely to efcape the jealous and vigilant eye of Richard; and he foon received intelligence, that his enemies, headed by the duke of Buckingham, were forming fome defign againtt his au- thority. He immediately put himfelf in a pofture of defence by levying fome troops in the North; and he fummoned the duke to appear at court, in fuch terms as feemed to promife him a renewal of their former friendfhip. But that nobleman, well acquainted with the barbarity and treachery of Richard, replied only by taking arms in Wales, and giving the fignal to his accomplices for a gene- ral infurrection in all parts of England. But there happened at that very time to fall fuch heavy rains, fo inceffant and continued, as exceeded any known in the memory of man; and the Severne, with the other rivers in that neighbourhood, {welled to a height which rendered them impaffable, and prevented Buckingham from marching into the heart of England to join his affociates. The Welfhmen, partly moved by fuperftition at this extraordinary event, partly diftrefled by fa- mine —S se ee a Ri ©. HA RD ee 435 mine in their camp, fell off from him ; and Buckingham finding himfelf deferted by his followers, put on a difguife, and took fhelter in the houfe of Banifter, an old fervant of his family. But being deteéted in his retreat, he was brought to the King at Salifbury ; and was inftantly tried, condemned, and executed, ac cording to the fummary method practifed in thofe ages *. The other con{fpira- tors, who took arms in four different places, at Exeter, at Salifbury, at Newbu- ry, at Maidftone, hearing of the duke of Buckingham’s misfortunes, defpaired of fuccefs, and immediately difperfed themfelves. Tue marquis of Dorfet. and bifhop of Ely made their efcape beyond fea Many others were equally fortunate. Several fell into Richard’s hands, of whom he made fome examples. His executions feem not to have been remarkably fe- vere ; tho’ we are told of one gentleman, William Colingbourne, who fuffered under colour of this rebellion, but in reality for a diftich of quibbling verfes, which he had compofed againft Richard and his minifters +. The earl of Rich- mond, in concert with his friends, had fet fail from St. Malo’s, carrying on board a body of 5000 men, levied in foreign parts; but his fleet being at firft drove back by a ftorm, he appeared not on the coaft of England till after the difperfion of all his friends ; and he found himfelf obliged to return to the coure of Brittany. Tse King, thus triumphant in all places, and ftrengthened by this unfuccefs- ful attempt to dethrone him, ventured at laft to fummona parliament ; a mea- {ure which his crimes and flagrant ufurpation had made him hitherto decline. Tho’ it was natural that the parliament, in a conteft of national parties, fhould always adhere to the victor, he feems to have apprehended, left his title, founded on no principle, and fupported by no party, might be rejeéted by that affembly- But his enemies being now at his feet, the parliament had no choice but to recognize his authority, and acknowledge his right to the crown. His only fon Edward, then a youth of twelve years of age, was created prince of Wales: The duties of tonnage and poundage were granted him for life: And Ri- chard, in order to reconcile the nation to his government, paffed fome popular laws, particularly one againft the late practice of extorting money on pretence of benevolences. * Hift. Croyl. cont. p. 568. + The lines were: The Rat, the Cat, and Lovel that Dog, | le all England under the Hog. Alluding to the names of Ratcliffe and Catefby ; and to Richard’s arms, which were a boar, 3K 2 Au Chap. XXIII, Q. na ee be Buckingham executed. 1484. 23d January. a e 436 HISTORY or ENGLAND. Chap.Xxur, Ax the other meafures of the King tended to the fame obje&. Senfible, that 1484. the only circumftance which could give him fecurity was to gain the confidence of the Yorkifts, he paid court to the Queen-dowager with fuch art and addrefs, made fuch earneft proteftations of his fincere good-will and friendthip, that this princefs, tired of confinement, and defpairing of any fuccefs from her former projects, ventured to leave her fanctuary, and to put herfelf and her daughters into the hands of the tyrant. But he foon carried farther his views for the efta- blifhment of his throne. He had married Anne, the fecond daughter of the earl of Warwic, and widow of Edward prince of Wales, whom Richard himfelf had murdered ; but this princefs having born him but one fon, who died about this time, he confidered her as an invincible obftacle to the fettlement of his fortune, and he was believed to have carried her off by poifon; a crime for which the public could not be fuppofed to have any very folid proof, but which the ufual tenor of his conduct made it reafonable to fufpect. He now thought it in his power to remove the chief perils which threatened his government. The earl] of Richmond, he knew, could never be dangerous but from his projected marriage with the princefs Elizabeth, the true heir of the crown; and he therefore intend- ed, by means of a papal difpenfation, to efpoufe himfelf this princefs, and thus to unite in his own family their contending titles. The Queen-dowager, eager to recover her loft authority, neither fcrupled this alliance, which was very unu- fual in England, and was regarded as inceftuous ; nor felt any horror at marrying her daughter to the murderer of her three fons and of her brother : She even con- joined fo far her interefts with thofe of the ufurper, .that fhe wrote to all her par- tizans, and among the reft, to her fon the marquis of Dorfet, defiring them to withdraw from the earl of Richmond ; an injury which the ear] could nevefafter- wards forgive: The court of Rome was applied to for a difpenfation: Richard thought, that he could eafily defend himfelf during the interval, till it arrived ; and he had afterwards the agreeable profpect of a full and fecure fettlement. He flattered himfelf, that the Englifh nation, feeing all danger removed of a difput- ed fucceffion, would then acquiefce under the dominion of a prince, who was of mature years, of great abilities, and of a genius qualified for government; and that they would forgive him all the crimes which he had committed in paving his way to the throne. Bur the crimes of Richard were fo horrid and fo fhocking to humanity, that the natural fentiments of men, without any political or public views, were fuffi- cient to render his government unftable ; and every perfon of probity and honour was earneft to prevent the fceptre from being farther polluged by that bloody and treacherous hand which heldit. All the exiles flocked to the earl of Richmond in Jas odie S a « : : Ly a ae ee ee ee eer ee . > ; 4 Te ne ee ee ee ee R IsC: HAR Dain, “7 in Brittany, and exhorted him to haften his attempt of a new invafion, and to Chap. XXIH, prevent the marriage of the princefs Elizabeth, which muft prove fo fatal to all his hopes. The earl, fenfible of the urgent neceffity, but dreading the treachery of Peter Landais, who had entered into a negotiation with Richard for delivering him up, was obliged to attend only to his prefent fafety ; and he made his efcape to the court of France. The minifters of Charles VIII. who had now fucceeded to the throne after the death of his father Lewis, gave him countenance and pros tection; and being defirous of raifing difturbances to Richard, they fecretly en- couraged the earl in the levies which he made for the fupport of his enterprize againft England. The earl of Oxford, whom Richard’s fufpicions had thrown into confinement, having made his efcape, here joined Henry; and enflamed his ardour for the attempt, by the favourable accounts which he brought of the dif- pofitions of the Englifh nation, and their univerfal hatred of Richard’s crimes and ufurpation. Tue earl of Richmond fet out from Harfleur in Normandy with a retinue of 14.84. 1485. about 2000 perfons; and after a navigation of fix days, he arrived at Milford- Invafion by e earl of Haven in Wales, where he landed without.oppofition. He directed his courfe Richmond. to that part of the kingdom, in hopes that the Welfh, who regarded him as their 7th of Aug, countryman, and who had been already prepoffefied in favour of his caufe by means of the duke of Buckingham, would join his ftandard, and enable him to make head againtt the eftablifhed government. Richard who knew not in whag quarter he might expect the invader, had taken poft at Nottingham, in the centre of the kingdom; and having given commiffions to different perfons in the feveral counties, whom he empowered to oppofe his enemy, he propofed in per- fon to fly, on the firft alarm, to the place which was expofed to danger. Sir Rice ap Thomas and Sir Walter Herbert were entrufted with this authority in Wales ; but the former immediately deferted to Henry; the fecond made but feeble oppofition to him: And the earl advancing towards Shrewfbury, received every day fome reinforcement from his partizans. Sir Gilbert Talbot joined him with all the vaffals and retainers of the family of Shrewfbury: Sir Thomas. Bour- chier, Sir Walter Hungerford, brought their friends to fhare his fortune; and the appearance of men of diftin¢tion in his camp made already his caufe wear a favourable afpect. Bur the danger to which Richard was chiefly expofed, proceeded not fo much from the zeal of his open enemies, as from the infidelity of his pretended friends, Scarce any nobleman of diltinction was fincerely attached to his caufe, except the duke of Norfolk ; and all thofe who feigned the moft loyalty were only watching | 3 an 438 His T ORY tr ENGLAND. Chap.XXIII, 4n Opportunity to betray and defert him. But the perfons of whom he enter. 1485, 22d of Aug. tained the greateft fufpicion, weret he lord Stanley and his brother Sir} William ; whofe connexions with the earl of Richmond, notwithftanding their profeffions of attachment to his perfon, were never entirely forgot or overlooked by him. When he empowered lord Stanley to levy forces, he ftill retained his eldeft fon, lord Strange, as a pledge of his fidelity; and that nobleman was, on this ac- count, obliged to employ great precaution and referve in his proceedings, He raifed a powerful body of his friends and retainers in Chefhire and Lancafhire, but without openly declaring himfelf: And tho’ Henry had received fecret af- furances of his friendly intention, the armies on both fides knew not what to in- fer from his equivocal behaviour. The two rivals, at laft, approached each Batde of Bof- other, at Bofworth near Leicefter; Henry at the head of fix thoufand men, worth, Richard with an army of above double the number; and a decifive a&tion was every hour looked for between them. Stanley, who commanded about feven thoufand men, took care to poft himfelf at Atherftone, not far from the expected field of battle; and he made fuch a difpofition as enabled him on occafion to join either party. Richardhad too much fagacity not to difcover his intentions from thefe movements; but he kept the fecret from his own men for fear of difcou- raging them: Hetook not immediate revenge on Stanley’s fon, as fome of his courtiers advifed him; becaufe he hoped that fo valuable a pledge would induce the father to prolong ftill farther his ambiguous conduct: And he haftened to decide by arms the quarrel with his competitor; being certain, that a victory over the earl of Richmond would enable him to take ample revenge of all his ene- mies, open and concealed. Tue van of Richmond’s army, confifting of archers, was commanded by John earl of Oxford: Sir Gilbert Talbot led the right wing; Sir John Savage the Jett: The earl himfelf, accompanied by his uncle, the earl of Pembroke, placed himfelf in the main body. Richard alfo took poft in sis main body, and en- trufted the command of his van to the duke of Norfolk: As his wings were never engaged, we have not learned the names of the feveral commanders. Soon after the battle began, lord Stanley, whofe conduct in this whole affair difcovers great precaution and abilities, appeared in the field, and declared for the earl of Richmond. This meafure, which was fo unexpected to the men, tho’ not to their leaders, hada proportional effect on both armies: It infpired unufual cou- age into Fienry’s foldiers; it threw Richard’s into difmay and confufion. The intrepid tyrant, fenfible of his defperate fituation, caft his eye around the field, and perceiving his rival at no great diftance, he drove againft him with fury, in hopes, that either Henry’s death or his own would foon decide the victory be- tween Se in lil Se cae Riggs eS Neen ke > et Posre Ro fC. -* So a | 438 tween them. He killed with-his own hands Sir William Brandon, ftandard- cy,,.xxq7 bearer to the earl: He difmounted Sir John Cheyney : He was now within reach pices of Richmond himfelf, who declined not the combat ; when Sir William Stanley, breaking in with his troops, furrounded Richard, who, fighting bravely to the laft moment, was overwhelmed by the numbers of his enemies, and perifhed by a fate too mild and horiourable for his multiplied and deteftable enormities. His men every where fought for fafety by flight. Death Tuere fell in this battle about 4000 men on the fide of the vanquifhed; and among thefe the duke of Norfolk, the lord Ferrars of Chartley, Sir Richard Ratcliffe, Sir Robert Piercy, and Sir Robert Brakenbury. The lofs was very inconfiderable on the fide of the victors. Sir William Catefby, a great inftru- ment of Richard’s crimes, was taken, and ‘oon after beheaded, with fome others, at Leicefter. The body of Richard was foundin the field, covered with dead eneinies, and all befmeared with blood: It was thrown carlefsly acrofs a horfe was carried to Leicefter amid the fhouts of the infulting fpectators ; and was in- : terred in the Gray-Friars church of that place. . Tue hiftorians who favour Richard (for even he has met with partizans | among the later writers) maintain, that he was well qualified for govern- ee ment, had he legally obtained it; and that he committed no crimes but fuch as were neceflary to procure him poffeffion of the crown: But this is a very poor apology, when it is confefled, that he was ready to commit the moft horrid crimes, which appeared neceflary for that purpofe; and it is certain, that all his courage and capacity, qualities in which he really feems not to have been defi- cient, would never have made compenfation to the people for the danger of the precedent, and for the contagious example of vice and murder, exalted upon the throne. This prince was of a fmall fature, hump-backed, and had a very harfh difagreeable vifage; fo that his body was in every particular no. lefs deformed than his mind. * * * ¥ * * * * Tuus have we purfued the Hiftory of England thro’ a feries of many barba- have at laft reached the dawnings of civility and fcience, and of greater certainty in our hiftorical narrations, and of he reader a fpeétacle more worthy of his attention. The want of certainty, however, and of circumftances, is not alike to be complained of throughout every period of this long narration. This ifland poffefles many antient hiftorians of good credit, as well as many hiftorical monuments ; and it is 6 rares ee. fil 7 rous ages ; till we have the profpect, both being able to prefent to t 5 p Chap, XXII. rare, that the annals of fo uncultivated a people, as were the 400 HISTORY or ENGLAND, Englith as well as the other European nations, after the decline of Roman learning, have been tranf{mitted to pofterity fo compleat, and with fo little mixture of falfehood and of fable, This advantage we owe entirely to the clergy of the church of Rome; who, founding their authority on their fuperior knowledge, preferved the pre- cious literature of antiquity from a total extinction * ; and under fhelter of their numerous privileges and immunities, acquired a fecurity, by means of the fuper- ftition, which they would in vain have claimed, from the juftice and. humanity of thofe turbulent and licentious ages. Nor is the fpectacle altogether unenter- taining and uninftructive, which the hiftory of thofe times prefents to us. The view of human manners and actions, in all their variety of appearances, is both profitable and agreeable; and if the afpect in fome periods feems horrid and de- formed, we may thence learn to cherith with the greater anxiety that {cience and civility which has fo clofe a connexion with virtue and humanity, and which, as it is a fovereign antidote againit fuperttition, is alfo the moft efieélual remedy againft vice and diforders of every kind, THE rife, progrefs, perfection, and decline of art and fcience, jects of comtemplation, and intimately conneéted with actions. The events of no particular period can be { confidering the degrees of advancement, w culars, are curious ob- a narration of civil tranf- ully accounted for, but by hich men have reached in thofe parti- Tuose who caft their eye on the general revolutions of fociety, will find, that, as allthe improvements of the human mind had reached nearly to their ftate of perfection about the age of Auguttus, there was a fenfible decline from that point or period ; and men thenceforth relapfed gradually into ignorance and barbarifm. The unlimited extent of the Roman empire, and the confequent defpotifm of the monarchs, extinguifhed all emulation, debafed the generous fpirits of men, * Every one that has perufed the antient Monkith writers, knows, that, however barbarous their own ftyle, they are full of allufions’ to the ‘Latin claffics, efpecially the poets. There feems al thofe middle ages to have remained many antient books, that are now lof. rifhed in the reign of Henry I. and K. Stephen, fo in Malmefbury, who flou- quotes Livy’s defecription of Czfar’s paffage over the Rubicon. Fitz-Stephen, who lived in the reign of Henry II. alludes toa paflage in the larger hiftory of Salluft. In the collection of letters, which pafies under the name of Thomas a Becket, familiar all the antient hiftory and antient books were to th churchmen of that time, and confequently how much that ord other members of the fociety. courfe of their correfpondence, barifm, we fee how e€ more ingenious and more dignified er of men mutt have furpafied all the That prelate and his friends call each other philofophers in all the and confider the reft of the world as funk into total ignorance ard bars and y ae oe med) be ————— ee ae ee ee ee) ee RE GHAR DA ae ie and deprefied that noble flame, by which all the refined arts muft be cherifhed Chap, XXIII. and-enlivened. ‘The military government, which foon fucceeded, rendered even the lives and properties of men infecure and precarious ; and proved deftructive to thofe vulgar and more neceffary arts of agriculture, manufactures, and com- merce; and in the end, to the military art, and genius itfelf, by which alone the immenfe fabric of the empire could be fupported. The iIrruption of the barba- rous nations, which foon followed, overwhelmed all human knowledge, which was already far in its decline; and men funk every age deeper into ignorance, ftupidity, and fuperftition ; till the light of antient fcience and hiftory, had very nearly fuffered a total extinction in all the European nations. Burt there is an ultimate point of depreffion, as well as of exaltation, from which human affairs naturally return in a contrary progrefs, and beyond which they feldom pafs either in their advancement or decline. The period, in which the people of Chriftendom were the loweft funk in ignorance, and confequently in diforders of every kind, may juftly be fixed at the eleventh century, about the age of William the Conqueror; and from that zra, the fun of fcience, begin- ning to re-afcend, threw out many gleams of light, which preceded the full morn- ing, when letters were revived in the fifteenth century. The Danes and other northern people, who had fo long infefted all the coafts, and even the inland parts of Europe, by their depredations, having now learned the arts of tillage and agricul. ture, found a fettled fubfiftance at home, and were no longer temptéd to defert their induftry, in order to feek a precarious livelihood by rapine and by the plun_ der of their neighbours. The feudal governments alfo, among the more fouthern nations, were reduced to a kind of fyftem,; and tho’ that ftrange {pecies of civil polity was ill fitted to enfure either liberty or tranquillity, it was preferable to the univerfal licence and diforder, which had every where preceded it. But perhaps there was no event, which tended farther to the improvement of the age, than one, which has not been much remarked, the accidental finding a copy of Jufti- nian’s Pandeéts, about the year 1130, in the town of Amalfi in Italy. Tue ecclefiaftics, who had leizure, and fome inclination to. ftudy, immediately adopted with zeal this excellent fyftem of jurifprudence, and f{pread the knowledge of it in every part of Europe. Befides the intrinfic merit of the performance, it was recommended to them by its original connexion with the imperial city of Rome, which, being the feat of their religion, feemed to acquire a new luftre and authority, by the diffufion of its laws over the weftern world. In Iefs than ten years after the difcovery of the Pandects, Vacarius, under the pastection of Theo- bald, archbifhop of Canterbury, read public lectures of civil law in the univerfity of Oxford; and the clergy every where, by their example as well as exhortation, Vor, I, aL were Te ere o c a _ < ee We ; ‘ ram ale Fis (a Df i y 442 HISTORY or ENGLAND. Chap. XXIII. were the means of fpreading the higheft efteem for this new fcience. That order of men, having large poffeffions to defend, were in a manner neceffitated to turn their ftudies towards the law; and their properties being often endangered by the violence of the princes and barons, it became their intereft to enforce the obferv- ance of general and équitable rules, from which alone they could receive protec- tion. As they poffeffed all the knowledge of the age, and were alone acquainted with the habits of thinking, the practice as well as fcience of the law, fell moftly ‘nto their hands: And tho’ the clofe connexion, which without any necefflity they : formed between the canon and civil law, begot a jealoufy in the laity of England and prevented the Roman jurifprudence from becoming the municipal law of the country, as was the cafe in many fates of Europe, a great part of it was fecretly transferred into the practice of the courts of juftice, and the imitation of their neighbours made the Englifh gradually endeavour to raife their own law from its original ftate of rudenefs and imperfection. Ir is eafy to fee what advantages Europe muft have reaped by its inheriting at once from the antients, fo complete an art, which was of itfelf fo neceflary for giving fecurity to all other arts, and which, by refining, and ftill more, by be- ftowing folidity on the judgment, ferved as a model to farther improvements. The fenfible utility of the Roman law both to public and private intereft recom- mended the ftudy of it, at a time when the more exalted and fpeculative fciences carried no charms with them; and thus the laft branch of antient literature, which remained uncorrupted, was happily the firft tranfmitted to the modern world. For it is remarkable, that in the decline of Roman learning, when the philofo- phers were univerfally infected with fuperftition and fophiftry, and the poets and : hiftorians with barbarifm, the lawyers, who in other countries are feldom models. ) of fcience or politenefs, were yet able, by the conftant ftudy and clofe imitation of their predeceffors, to maintain the fame good fenfe in their decifions and rea- fonings, and the fame purity in their language and expreffion. WuartT beftowed an additional merit on the civil law, was the extreme igno- rance and imiperfeétion of that jurifprudence, which preceded it among all the European nations, efpecially among the Saxons or antient Englifh. What abfur- dities prevailed at that time in the adminiftration of juftice, may be conceived from the authentic monuments which remain of the antient Saxon laws ; wherea pecuniary commutation was received for every crime, where ftated prices were fixed for men’s lives and members, where private revenges were authorized for all injuries, where the ufe of the ordeal, corfnet, and afterwards of the duel, was the received method of proof, and where the judges were ruftic frecholders, af- fembled of a fudden, and deciding a caufe from one debate or altercation of the 4 parties, ina Se ~ ae 4 Tr : ~~) eeeneetiene ie ort ee et SE ea Bod CUA spe 444 | parties. Such a ftate of fociety was very little advanced beyond the rude ftate of Chap.XXIl. ) | nature: Violence univerfally prevailed, inftead of general and equitable maxims - The pretended liberty of the times, was only an incapacity of fubmitting to go- vernment: And men, not protected by law in their lives and properties, fought fhelter, by their perfonal fervility and attachments, under fome powerful chieftain, or by voluntary combinations. Tue gradual progrefs of improvement, raifed the Europeans fomewhat from this uncultivated ftate ; and affairs, in this ifland particularly, took very early a turn, which was more favourable to juftice and to liberty. Civil employments and occupations foon became honourable among the Englifh: The fituation of that people rendered not the perpetual attention to wars fo neceffary as among their neighbours, and all regard was not confined to the military profeffion: The gen- try, and even the nobility, began to deem an acquaintance with the law, a requi- fite part of education: They were lefs diverted than afterwards from ftudies of this kind by other fciences ; and in the age of Henry VI. we are told by Fortef- cue, there were in the Inns of Court about two thoufand ftudents, moft of them men of honourable birth, who gave application to this branch of civil know- ledge. A circumiftance which proves, that a confiderable advance was already made in the fcience of government, and which prognofticated {till a greater. One chief advantage, which refulted from the introduction and progrefs of the arts, was the introduction and progrefs of freedom ; and this confequence af- fected men both in their perfonal and civil capacities. Ir we confider the antient ftate of Europe, we fhall find, that the far greate,. | i } 7 part of the fociety were every where bereaved of their perfonal liberty, and liveg | entirely at the will of their mafters. Every one, that was not noble, was a flave. The peafants were fold along with the land: The few inhabitants of cities were not in a better condition: Even the gentry themfelves were fubjected to a long train of fubordination under the greater barons or chief vaffals of the crown ; who» tho’ feemingly placed in a high ftate of {plendor, yet, having but a flender pro™ : te&tion from the law, were expofed to every tempeft of ftate, and by the preca- rious condition, in which they lived, paid dearly for the power of opprefling and tyrannizing over their inferiors, The firft incident, which broke in upon this " violent fyftem of government, was the practice, begun in France, of erecting communities and corporations, endowed with privileges and a feparate municipal sovernment, which gave them protection again{t the tyranny of the barons, and 3L2 which Chap.XXII. Which the prince himfelf deemed it prudent to refpect *. The relaxation of the | 444 HISTORY or ENGLAND. feudal tenures, and an execution, fomewhat ftricter, of the public law, beftow- ed an independance on vafials, which was unknown to their forefathers. And even the peafants themfelves, tho’ later than other orders of the ftate, made their efcape from thofe bonds of villenage or flavery, in which they had formerly been retained. Iv may appear ftrange, that the progrefs of the arts, which feems, among the Greeks and Romans, to have daily encreafed the number of flaves, fhould, in later times, have proved fo general a fource of liberty ; but this difference of the events proceeded from a great difference in the circumftances, which attended thofe inftitutions. The antient barons, being obliged to maintain themfelves con- tinually in a military pofture, and little emulous of elegance or fplendor, employ- ed not their villains as domeftic fervants, much lefs as manufacturers, but com- pofed their retinue of free-men, whofe military fpirit rendered the chieftain for- midable to his neighbours, and who were ready to attend him in every warlike enterprize. The villains were occupied entirely in the cultivation of their maf- ter’s land, and paid their rents either in corn and cattle and other produce of the farm, or in fervile offices, which they performed about the baron’s family, and upon the farms which he retained in his own pofleffion. In proportion as agri- culture improved, and money encreafed, it was found, that thefe fervices, tho” extremely burthenfome to the villain, were of little advantage to the mafter; and that the produce of a large eftate could be much more conveniently difpofed of by the peafant himfelf, who raifed it, than by the landlord or_his bailiff, who were formerly accuftomed to receive it. A commutation was therefore made of rents for fervices, and of money rents for thofe in kind; and as men, ina fub- fequent age, difcovered, that farms were better cultivated where the farmer en- joyed a fecurity of pofieffion, the practice of granting leafes to the peafant began to prevail, which entirely broke the bonds of fervitude, already much relaxed from the former prattices. After this manner, villenage went gradually into difufe throughout the more civilized parts of Europe: The intereft of the mafter, as well as that of the flave, concurred in this alteration. The lateft laws which we find in * There appear early fymptoms of the jealoufy, entertained by the barons againft the progrefs of the art, as deftrudtive of their licentious power. A law was enacted, 7 Henry [V. cap. 17. prohi- biting any one who did not poffefs twenty fhillings a year in land from binding his fons apprentices to any trade. They found already that the cities began to drain the country of the labourers and huf- bandmen ; and did not forefee how much the encreafe of commerce would increafe the value of their eftates. See farther, Cotton, p.179. The Kings, to encourage the boroughs, granted them this privilege, that any villain, who had lived atwelvemonth in any corporation and had been of the gild, fhould be thencefo:th regarded as free. . England { | ; | England for the enforcing or regulating this fpecies of fervitude, were enafted jn Chap-XXIII. the reign of Henry VII. And tho’ the antient ftatutes on this fubject remain ftill unrepealed by parliament, it appears, that, before the reign of Elizabeth, the diftinétion of villain and freeman was totally, tho’ infenfibly abolifhed, and that no perfon remained in the ftate, to whom the former laws could be applied. Tuus perfonal freedom became almoft general in Europe; an advantage which paved the way for the encreafe of political or civil liberty, and which, even where it was not attended with this falutary effect, ferved to give the members of the: community fome of the moft confiderable advantages of it. Tue conftitution of the Englifh government, ever fince the invafion of the jfland by the Saxons, may boaft of this pre-eminence, that in no age the will of the monarch was ever entirely abfolute and uncontrouled: But in other refpects the balance of power has extremely fhifted among the feveral orders of the ftate; and this fabric has experienced the fame mutability, which has attended all hu- man inftitutions. | TuHE antient Saxons, like the other German nations, where each individual was enured to arms, and where the independance of men was fecured by a great equality of poffeffions, feem to have admitted a confiderable mixture of democra- cy into their form of government, and to have been one of the freeft nations, of which there remains any account in the records of hiftory. After this tribe was fettled in England, efpecially after the diffolution of the Heptarchy, the great extent of the kingdom produced a great inequality in property ; and the balance feems to have inclined to the fide of the Ariftocracy. The Norman conquett threw more authority into the hands of the fovereign, which, however, admitted of great controul ; tho’ derived lefs from the general forms of the conftitution, which were inaccurate and irregular, than from the independant power enjoyed by each baron in his particular diftrict or province, The eftablifhment of the great charter exalted ftill higher the Ariftocracy, impofed regular limits on royal power, and gradually introduced fome mixture of Democracy into the conftitution. But even during this period, from the acceffion of Edward I. to the death of Richard Ill. the condition of the commons was no-wife defirable; a kind of Polith Ari- ftocracy prevailed ; and tho’ the Kings were limited, the people were as yet far from being free. It required the authority almoft abfolute of the fovereigns, which took place in the fubfequent period, to pull down thefe diforderly and li- centious tyrants, who were equal enemies to peace and to freedom, and to eftab- lifh that regular execution of the laws, which, in a following age, enabled the people to erect a regular and equitable plan of liberty. Baty | ; In Rebs 4 2. ae 445 446 Chap. XXII. HISTORY or ENGLAND. In each of thefe fucceffive alterations, the only rule of government, which is intelligible or carries any authority with it, is the eftablifhed practice of the age, and the maxims of adminiftration, which are at that time prevalent, and uni- verfally affented to. Thofe who, from a pretended refpect to antiquity, appeal at every turn to an original plan of the conftitution, only cover their turbulent fpirit and their private ambition under the appearance of venerable forms; and whatever, period they pitch on for their model, they may ftill be carried back to a more antient period, where they will find the meafures of power entirely dif- ferent, and where every circumftance, by reafon of the greater barbarity of the times, will appear ftill lefs worthy of imitation. Above all, a civilized nation, like the Englith, who have happily eftablifhed the moft perfect and moft accurate fyftem of liberty, that ever was found compatible with government, ought to be cautious of appealing to the practice of their anceftors, or regarding the max- ims of uncultivated ages as certain rules for their prefent conduét. An acquaine tance with the hiftory of the antient periods of their government is chiefly u/eful by inftruéting them to cherifh their prefent conftitution from a comparifon or contratt with the condition of thofe diftant times. And it is alfo curious, by fhowing them the remote, and commonly faint and disfigured originals of the moft finifh- ed and moft noble inftitutions, and by inftruéting them in the great mixture of accident which commonly concurs with a fmall ingredient of wifdom and fore- fight, in erecting the complicated fabric of the moft perfect government. The END of te SECOND VOLUME, Din ila ot enameled mae ~ j { 7 San Stets 14 Heli \ Bets ot . t+ > ¥q Ss ee ~ ie ae Re ee pe ae lenin ee ee — : SORT ee ei as ‘egy ee ee FR sare fe is 64% aren: ; . , ue 3 3 | a 2 mat OF “ ~ 5 ‘S s | 7 : 5 y Bes ; ' i ae ay | a ° . “2 i Cn Oe ade ata eens