JOHN BALLIOL DEPOSED

James VI. came to take his seat on that chair as James I. of England.

13. The Resistance of Archbishop Winchelsey. 1296-1297. -The dispute with France and the conquest of Scotland cost much money, and Edward, finding his ordinary revenue insufficient, had been driven to increase it by unusual means. He gathered assemblies of the merchants, and persuaded them without the leave of Parliament to increase the export duties, and he also induced the clergy in the same way to grant him large sums. The clergy were the first to resist. In 1296 Boniface VIII., a Pope who pushed to the extreme the Papal claims to the independence of the Church, issued the Bull, Clericis laicos, in which he declared that the clergy were not to pay taxes without the Pope's consent; and when at the end of the year Edward called on his Parliament to grant him fresh sums, Winchelsey, the Archbishop of Canterbury, refused, on the ground of this Bull, to allow a penny to be levied from the clergy. Edward, instead of arguing with him, directed the chief justice of the King's Bench to announce that, as the clergy would pay no taxes, they would no longer be protected by the king. The clergy now found themselves in evil case. Anyone who pleased could rob them or beat them, and no redress was to be had. They soon therefore evaded their obligation to obey the Bull, and paid their taxes, under the pretence that they were making presents to the king, on which Edward again opened his courts to them. In the days of Henry I. or Henry II. it would not have been possible to treat the clergy in this fashion. The fact was, that the mass of the people now looked to the king instead of to the Church for protection, and therefore respected the clergy less than they had done in earlier days.

14. The 'Confirmatio Cartarum.' 1297.--In 1297 Edward, having subdued the Scots in the preceding year, resolved to conduct one army to Flanders, and to send another to Gascony to maintain his rights against Philip IV. He therefore called on his barons to take part in these enterprises. Amongst those ordered to go to Gascony were Roger Bigod, Earl of Norfolk, and Humfrey Bohun, Earl of Hereford. They declared that they were only bound to follow the king himself, and that as Edward was not going in person to Gascony they would not go. By God, Sir Earl," said the king to one of them, "you shall either go or hang." "By God," was the reply, "I will neither go nor hang." The two earls soon found support. The barons were sore because Edward's reforms had diminished their authority. The clergy were sore because of their recent treatment. The merchants were sore because of the exac

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tions to which they had been subjected. Archbishop Winchelsey bound the malcontents together by asking Edward to confirm Magna Carta and other charters granted by his predecessors, and by adding other articles now proposed for the first time, so as to preclude him from demanding taxes not granted by Parliament. Edward found that the new articles restricted his action more than it had been restricted by the older charters. He was deeply vexed, as he thought that he deserved to be trusted, and that, though he had exacted illegal payments, he had only done so out of necessity. He saw, however, that he must yield, but he could not bring himself to yield in person, and he therefore crossed the sea to Flanders, leaving the Prince of Wales to make the required concession. On October 10, 1297, the Confirmatio Cartarum, as it was called, was issued in the king's name. It differed from Magna Carta in this, that whereas John had only engaged not to exact feudal revenue from his vassals without consent of Parliament, Edward I. also engaged not to exact customs duties without a Parliamentary grant. From that time no general revenue could be taken from the whole realm without a breach of the law, though the king still continued for some time to raise tallages, or special payments, from the tenants of his own demesne lands.

15. Wallace's Rising. 1297-1304.--Whilst Edward was contending with his own people his officers had been oppressing the Scots. They had treated Scotland as a conquered land, not as a country joined to England by equal union. Resistance began in 1297, and a rising was headed by Wallace, a gentleman of moderate fortune in the western lowlands. Wallace's bold and vigorous attacks gained him the confidence of the lesser gentry and the people, though the nobles, mostly of Norman descent, supported the English government, and only joined Wallace when it was dangerous to stand aloof. In the autumn, an English army advancing into Scotland reached the south bank of the Forth near Stirling. Wallace, who showed on that day that he was skilful as well as brave, drew up his army on the north bank at some little distance from the narrow bridge over which the English must come if they were to attack him. When half of them had crossed, he fell upon that half before the troops in the rear could advance to its succour. Wallace's victory was complete, and he then invaded England, ravaging and slaughtering as far as Hexham.

16. The Second Conquest of Scotland. 1298-1304.-In 1298 Edward, who had been unsuccessful on the Continent, made a truce with Philip. Returning to England, he marched against Wallace,

and came up with him at Falkirk. The battle which ensued, like William's victory at Senlac (see p. 96), was a triumph of inventive military skill over valour content to rest upon ancient methods. The Scots were hardy footmen, drawn up in three rings, and provided with long spears. Against such a force so armed the cavalry of the feudal array would dash itself in vain. Edward, however, had marked in his Welsh wars the superiority of the long-bow drawn to the ear-not, as in the case of the shorter bows of older times, to the breast of the archer-and sending its cloth-yard shaft with a strength and swiftness hitherto unknown. He now brought with him a large force of bowmen equipped in this fashion. At Falkirk the long-bow was tried for the first time in any considerable battle. The effect was overwhelming a shower of arrows poured upon a single point in the ring of the spearmen soon cleared a gap. Edward's cavalry dashed in before the enemy had time to close, and the victory was won. Wallace had had scarcely one of the Scottish nobles with him either at Stirling or at Falkirk, and unless all Scotland combined he could hardly be expected to succeed against such a warrior as Edward. Wallace's merit was that he did not despair of his country, and that by his patriotic vigour he prepared the minds of Scotsmen for a happier day. He himself fled to France, but Scotland struggled on without him. Some of the nobles, now that Wallace was no longer present to give them cause of jealousy, took part in the resistance, and only in 1304 did Edward after repeated campaigns complete his second conquest of the country.

17. The Incorporation of Scotland with England. 1305.-In 1305 Wallace, who had returned from France, but had taken no great part in the late resistance, was betrayed to the English. His barbarity in his raid on Northumberland in 1297 (see p. 221) had marked him out for vengeance, and he was executed at Tyburn as a traitor to the English king of Scotland, whose right he had never acknowledged. Edward then proceeded to incorporate Scotland with England. Scotland was to be treated very much as Wales had been treated before. There was to be as little harshness as possible. Nobles who had resisted Edward were to keep their estates on payment of fines, the Scottish law was to be observed, and Scots were to be chosen to represent the wishes of their fellow-countrymen in the Parliament at Westminster. On the other hand, the Scottish nobles were to surrender their castles, and the country was to be governed by an English Lieutenant, who, together with his council, had power to amend the laws.

18. Character of Edward's Dealings with Scotland.-Edward's

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dealings with Scotland, mistaken as they were, were not those of a self-willed tyrant. If it be once admitted that he was really the lord paramount of Scotland, everything that he did may be justified upon feudal principles. First, Balliol forfeited his vassal crown by breaking his obligations as a vassal. Secondly, Edward, through the default of his vassal, took possession of the fief which Balliol had forfeited, and thus became the immediate lord of Balliol's vassals. Thirdly, those vassals rebelled-so at least Edward would have said—against their new lord. Fourthly, they thereby forfeited their estates to him, and he was therefore, according to his own view, in the right in restoring their estates to them--if he restored them at all-under new conditions. Satisfactory as this argument must have seemed to Edward, it was weak in two places. The Scots might attack it at its basis by retorting that Edward had never truly been lord paramount of Scotland at all; or they might assert that it did not matter whether he was so or not, because the Scottish right to national independence was superior to all feudal claims. It is this latter argument which has the most weight at the present day, and it seems to us strange that Edward, who had done so much to encourage the national growth of England, should have entirely ignored the national growth of Scotland. All that can be said to palliate Edward's mistake is that it was, at first, difficult to perceive that there was a Scottish nationality at all. Changes in the political aspect of affairs grow up unobserved, and it was not till after his death that all classes in Scotland were completely welded together in resistance to an English king. At all events, if he treated the claim of the Scots to national independence with contempt, he at least strove, according to his own notions, to benefit Scots and English alike. He hoped that one nation, justly ruled under one government, would grow up in the place of two divided peoples.

19. Robert Bruce. 1306.-It was better even for England that Edward's hopes should fail. Scotland would have been of little worth to its more powerful neighbour if it had been cowed into subjection; whereas when, after struggling and suffering for her independence, she offered herself freely as the companion and ally of England to share in common duties and common efforts, the gift was priceless. That Scotland was able to shake off the English yoke was mainly the work of Robert Bruce, the grandson of the Robert Bruce who had been one of the claimants of the Scottish crown at Norham. The Bruces, like Balliol, were of Norman descent, and as Balliol's rivals they had attached themselves to Edward. The time was now come when all chances of