little to condemn; for the maxims of feudal law justified in a great measure his conduct toward Wales and Scotland. We may perhaps venture to style him the greatest of the house of Plantaganet.

By his first queen Eleanor of Castile, whom he tenderly loved, Edward had four sons and eleven daughters, of whom only one son, Edward, and four daughters, survived him ; by Margaret of France he had two sons, Thomas earl of Norfolk and earl marshal, and Edmund earl of Kent, and one daughter who died before him.

6

In a legal and constitutional point of view the reign of Edward I. is one of the most important in our history, in which it on this account forms an epoch. The “Confirmation of the Charters, of which the following is the history, was the great constitutional measure of his reign.

Edward, as we have said, though he spent it frugally, exacted his subjects' money arbitrarily. He leaned very heavily on the church. The reigning pontiff, the ambitious Boniface VIII., had, at the desire, it is said, of the clergy, issued a bull menacing with excommunication any prince who taxed the church without his consent. When therefore the king on the occasion of his war with France in 1296, demanded of the clergy a fifth of their moveables, they pleaded the bull, and the primate Winchelsea told him that they owed obedience to two masters, of which the spiritual was the greater. The king, instead of applying to the pope in the usual manner, told them, that as they would not support the government they were not worthy of its protection, and he forthwith outlawed them, and took possession of all their goods and chattels. They now were robbed, plundered and abused by every ruffian that chose to do so, and the law would give them no redress. They gradually therefore made their peace with the king, yielding to all his demands.

These supplies however and those granted by parlia

ment not sufficing, he proceeded to seize the wool and leather in the hands of the merchants, to force the counties to supply him with corn and cattle (for all which, indeed, he promised payment at a future day), and finally required the personal service of every holder of land, to the value of 201. a year. It was then that the constable and marshal made the bold stand against him above narrated ; finding that they were supported by the nobility, he

. sought to make a peace with the church, and he appointed the primate one of the tutors of his son whom he was leaving guardian of the realm. He even condescended to apologise publicly to the people for his exactions, ascribing them to necessity, and promising amendment. The two earls did not then venture any further than to draw up a remonstrance against his violations of the Charters, which was presented to him as he was embarking at Winchelsea, and to which he gave an evasive reply. But when he was gone, they came up to parliament, when summoned, with a large body of both horse and foot, and refused to enter the city till the gates were committed to their custody. The primate, who was secretly in their interest, advised the council to comply, and they thus became masters of the prince and parliament. Their demands however were most moderate; they only required that the Charters should be solemnly confirmed, a clause be added securing the nation for ever against taxation without consent of parliament, and pardon to themselves for their refusal to attend the king. The prince and his council assented to these terms; they

ent over to the king, who, after some delay and with great reluctance, gave them his confirmation. On his return, the earls insisted that he should confirm them anew; and after evincing great repugnance, and having recourse to every subterfuge, he was obliged to yield. He afterwards obtained from the pope a dispensation from his oaths; but the spirit of the people was too strong for him or the papal bull; the Great Charter was thus finally and

firmly established, and the important right of being the only legitimate raisers of the supplies was gained for the people. The names of Humphrey Bohun and Roger Bigod must ever rank among those of England's most illustrious patriots. In defence of the rights. of the people they withstood and overcame the most able and energetic of her monarchs.

The present constitution of parliament was fully established in this reign, Edward finding it more for his interest in general to let his people tax themselves, and grant à subsidy as it was now termed, than to employ the old mode of tallaging; not but that he still had recourse to that arbitrary mode of raising supplies till the Confirmation of the Charters' was wrung from him. Scutage also now went out of use, the tenants in chief paying a subsidy like the citizens and clergy.

The improvements in the law which were made in his reign have obtained for Edward the title of the English Justinian. The limits of the jurisdiction of the several courts of law were fixed; the itinerant justices were directed to hold assizes thrice a year in each county. By the celebrated statute of Winchester effectual provisions were made for the public security. It enacts that every host shall be answerable for his guests; that the gates of towns shall be kept locked from sunset to sunrise ; that when a robbery is committed the hue and cry shall be made after the felon, and every man be ready to follow it armed; the hundred to be answerable for the damage if the robber is not taken. For greater security to travellers, the trees and underwood were to be cleared

away

of two hundred feet on each side of the highway. Officers named Conservators' were appointed to carry these provisions into effect, whose powers were gradually extended, and their title changed to that of Justices of Peace.'

The statute of entails, which so mainly contributes to keep up the wealth and influence of the nobility, and to

for a space

a

prevent the division or alienation of landed property, which is so detrimental to the interests of an aristocracy, is also to be referred to this reign. To check the clergy in their schemes for the acquisition of land, Edward caused to be passed the statute of mortmain; this however they contrived to elude by what were called uses: but the ingenuity of the common law lawyers equalled theirs; each new device was met by an appropriate remedy, and the law finally triumphed over the church.

It is remarkable that Edward, who was so little of a bigot in general, showed himself a fanatic with respect to the Jews. As we have seen, one of the consequences of the Conquest had been the establishment of this people in England, where they followed their usual trade of lending money, and were also the importers of the rare and precious commodities of distant countries. Their rate of interest was enormous, owing to the insecurity of payment; the church had infused a prejudice against lending at all on interest ; and the Jews on this account, and as the enemies of Christ, were objects of hatred to the people. But the crown protected them, though it made them pay dear for its favour.

In 1287 Edward threw the whole of them into prison till they paid a sum of 12,000l.; and in 1290, he confiscated their property and banished them the kingdom*.

254

CHAPTER VI.

EDWARD II. (OF CAERNARVON.) *

1307-1327.

Piers Gaveston.--Battle of Bannockburn.-Hugh Spenser.-Execution of the earl of Lancaster.-Hostile conduct of the queen.-Execution of the Spen

sers. Deposition and murder of the king. EDWARD II. was twenty-three years of age when he succeeded to the throne. He was handsome in person and amiable in temper ; but he was weak in mind and fond of pleasure-in all things the opposite of his illustrious sire. He was exceedingly attached to a young man of his own age named Piers Gaveston, the son of a Gascon knight, whom the late king, had given him as a companion. Gaveston, though brave, witty, and accomplished, was dissipated and insolent; and the king, findiug his society injurious to the prince, had banished him the realm, and bound his son by oath never to recall him without his permission. This injunction he solemnly repeated, when he summoned the prince, who was going to London, to the side of his sick-bed at Carlisle. At the same time he charged him, in case of his own death, not to intermit the Scottish war; and it is added, made him swear, that when he was dead, he would cause his body to be boiled in a caldron till the flesh was separated from the bones, which last he should always have carried before him when marching against the Scots.

The new king had not sufficient strength of mind to refuse an oath, or to keep it when taken. His first act