Part 34

The effect of these statutes was to confine the great estates to the hands of their owners and direct descendants, or, when land changed hands, to keep alive the claims of the great lords or the Crown upon it. These laws rendered it difficult for landholders to evade their feudal duties to the King (S150) by the sale or subletting of estates. Hence, while they often built up the strength of the great families, they also operated to increase the power of the Crown at the very time when the growing influence of Parliament and the people was beginning to act as a check upon the royal authority.

226. Legislation respecting the Church; Statute of Mortmain, 1279.

A third enactment checked the undue increase of Church property. Through gifts and bequests the clergy had become owners of a very large part of the most fertile soil of the realm. No farms, herds of cattle, or flocks of sheep compared with theirs. These lands were said to be in mortmain, or "dead hands"; since the Church, being a corporation, never let go its hold, but kept its property with the tenacity of a dead man's grasp.

The clergy constantly strove to get these Church lands exempted from furnishing soldiers, or paying taxes to the King (S136). Instead of men or money they offered prayers. Practically, the Crown succeeded from time to time in compelling them to do considerably more than this, but seldom without a violent struggle, as in the case of Henry II and Becket (S165).

On account of these exemptions it had become the practice with many persons who wished to escape bearing their just share of the support of the King, to give their lands to the Church, and then receive them again as tenants of some abbot or bishop. In this way they evaded their military and pecuniary obligations to the Crown. To put a stop to this practice, and so make all landed proprietors do their part, the Statute of Mortmain was passed, 1279. It required the donor of an estate to the Church to obtain a royal license, which, it is perhaps needless to say, was not readily granted.

See p. 76, note 1, on Clergy; and see Summary of Constitutional History in the Appendix, p. xi, S11.

227. Death of Edward I.

Edward died while endeavoring to subdue a revolt in Scotland, in which Robert Bruce, grandson of the first of that name (S219), had seized the throne. His last request was that his son Edward should continue the war. "Carry my bones before you on your march," said the dying King, "for the rebels will not endure the sight of me, alive or dead!"

Not far from the beautiful effigy of Queen Eleanor in Westminster Abey (S223), "her husband rests in a severely simple tomb. Pass it not by for its simplicity; few tombs hold nobler dust."

Goldwin Smith's "History of the United Kingdom."

228. Summary.

During Edward I's reign the following changes took place:

1. Wales and Scotland were conquered, and the first remained permanently a part of the English kingdom. 2. The landed proprietors of the whole country were made more directly responsible to the Crown. 3. The excessive growth of Church property was checked. 4. Laws for the better suppression of acts of violence were enacted and rigorously enforced. 5. The Great Charter, with additional articles for the protection of the people, was confirmed by the King, and the power of taxation expressly acknowledged to reside in Parliament only. 6. Parliament, a legislative body now representing all classes of the nation, was permanently organized, and for the first time regularly and frequently summoned by the King.

It will be remembered that De Montfort's Parliament in 1265 (S213) was not regularly and legally summoned, since the King (Henry III) was at that time a captive. The first Parliament (consisting of a House of Commons and House of Lords, including the upper Clergy), convened by the Crown, was that called by Edward I in 1295 (S217).

Edward II--1307-1327

229. Accession and Character.

The son to whom Edward I left his power was in every respect his opposite. The old definition of the word "king" was "the man who CAN," or the able man. The modern explanation usually makes him "the chief or head of a people." Edward II would satisfy neither of these definitions. He lacked all disposition to do anything himself; he equally lacked power to incite others to do. By nature he was a jester, trifler, and waster of time.

Being such, it is hardly necessary to say that he did not push the war with Scotland. Robert Bruce (S227) did not expect that he would; that valiant fighter, indeed, held the new English sovereign in utter contempt, saying that he feared the dead father, Edward I, much more than the living son.

230. Piers Gaveston; the Lords Ordainers; Articles of Reform.

During his first five years of his reign, Edward II did little more than lavish wealth and honors on his chief favorite and adviser, Piers Gaveston, a Frenchman who had been his companion and playfellow from childhood. While Edward I was living, Parliament had with his sanction banished Gaveston from the kingdom, as a man of corrupt practices; but Edward II was no sooner crowned than he recalled him, and gave him the government of the realm during his absence in France, on the occasion of his marriage.

On Edward's return, the barons protested against the monopoly of privileges by a foreigner, and the King was obliged to consent to Gaveston's banishment. He soon came back, however, and matters went on from bad to worse. Finally, the indignation of the nobles rose to such a pitch that at a council held at Westminster the government was virtually taken from the King's hands and vested in a body of barons and bishops.

The head of this committee was the King's cousin, the Earl of Lancaster; and from the Ordinances or Articles of Reform which the committee drew up for the management of affairs they got the name of the Lords Ordainers. Gaveston was now sent out of the country for a third time; but the King persuaded him to return, and gave him the office of Secretary of State. This last insult--for so the Lords Ordainers regareded it--was too much for the nobility to bear.

They resolved to exile the hated favorite once more, but this time to send him to that "undiscovered country" from which "no traveler returns." Edward, taking alarm, placed Gaveston in Scarborough Castle, on the coast of Yorkshire, thinking that he would be safe there. The barons besieged the castle, starved Gaveston into surrender, and beheaded him forthwith. Thus ended the first favorite.

231. Scotland regains its Independence; Bannockburn, 1314.

Seeing Edward's lack of manly fiber, Robert Bruce (S229), who had been crowned King of the Scots, determined to make himself ruler in fact as well as in name. He had suffered many defeats; he had wandered a fugitive in forests and glens; he had been hunted with bloodhounds like a wild beast; but he had never lost courage or hope. On the field of Bannockburn, northwest of Edinburgh (1314), he once again met the English, and in a bloody and decisive battle drove them back like frightened sheep into their own country. (See map facing p. 120.) By this victory, Bruce reestablished the independence of Scotland,--an independence which continued until the rival kingdoms were peacefully united under one crown, by the accession of the Scottish King, James, to the English throne (1603).

232. The New Favorites; the King made Prisoner (1314-1326).

For the next seven years the Earl of Lancaster (S23) had his own way in England. During this time Edward, whose weak nature needed some one to lean on, had got two new favorites,--Hugh Despenser and his son. They were men of more character than Gaveston (S230), but as they cared chiefly for their own interests, they incurred the hatred of the baronage.

The King's wife, Isabelle of France, now turned against him. She had formerly acted as a peacemaker, but from this time she did all in her power to make trouble. Roger Mortimer, one of the leaders of the barons, was the sworn enemy of the Despensers. The Queen had formed a guilty attachment for him. The reign of Mortimer and Isabelle was "a reign of terror." Together they plotted the ruin of Edward and his favorites. They raised a force, seized and executed the Despensers (1326), and then took the King prisoner.