Though the provisions made by this charter might, conformably to the genius of the age, be esteemed too concise, and too bare of circumstances to maintain the execution of its articles, in opposition to the chicanery of lawyers, supported by the violence of power, time gradually ascertained the sense of all the ambiguous expressions; and those generous barons, who first extorted this concession, still held their swords in their hands, and could turn them against those who dared, on any pretence, to depart from the original spirit and meaning of the grant. We may now, from the tenor of this charter, conjecture what those laws were of King Edward, which the English nation, during so many generations, still desired, with such an obstinate perseverance, to have recalled and established. They were chiefly these latter articles of Magna Charta; and the barons who, at the beginning of these commotions, demanded the revival of the Saxon laws, undoubtedly thought that they had sufficiently satisfied the people by procuring them this concession, which comprehended the principal objects to which they had so long aspired. But what we are most to admire is, the prudence and moderation of those haughty nobles themselves, who were enraged by injuries, inflamed by opposition, and elated by a total victory over their sovereign. They were content, even in this plenitude of power, to depart from some articles of Henry I.'s charter, which they made the foundation of their demands, particularly from the abolition of wardships, a matter of the greatest importance; and they seem to have been sufficiently careful not to diminish too far the power and revenue of the crown. If they appear, therefore, to have carried other demands to too great a height, it can be ascribed only to the faithless and tyrannical character of the king himself, of which they had long had experience, and which they foresaw would, if they provided no further security, lead him soon to infringe their new liberties, and revoke his own concessions. This alone gave birth to those other articles, seemingly exorbitant, which were added as a rampart for the safeguard of the Great Charter. The barons obliged the king to agree that London should remain in their hands, and the Tower be consigned to the custody of the primate, till the 15th of August ensuing, or till the execution of the several articles of the Great Charter.* The * Rymer, vol. i. p. 201. Chron. Dunst. vol. i. p. 73. better to insure the same end, he allowed them to choose five-and-twenty members from their own body, as conservators of the public liberties; and no bounds were set to the authority of these men either in extent or duration. If any complaint were made of a violation of the charter, whether attempted by the king, justiciaries, sheriffs, or foresters, any four of these barons might admonish the king to redress the griev ance if satisfaction were not obtained, they could assemble the whole council of twenty-five; who, in conjunction with the great council, were empowered to compel him to observe the charter, and, in case of resistance, might levy war against him, attack his castles, and employ every kind of violence, except against his royal person, and that of his queen and children. All men throughout the kingdom were bound, under the penalty of confiscation, to swear obedience to the twenty-five barons; and the freeholders of each county were to choose twelve knights, who were to make report of such evil customs as required redress, conformably to the tenor of the Great Charter.* The names of those conservators were, the earls of Clare, Albemarle, Glocester, Winchester, Here. ford, Roger Bigod, earl of Norfolk, Robert de Vere, earl of Oxford, William Mareschal the younger, Robert Fitz-Walter, Gilbert de Clare, Eustace de Vescey, Gilbert Delaval, William de Moubray, Geoffrey de Say, Roger de Mombezon, William de Huntingfield, Robert de Ros, the constable of Chester, William de Aubenie, Richard de Perci, William Malet, John Fitz-Robert, William de Lanvalay, Hugh de Bigod, and Roger de Montfichet.† These men were, by this convention, really invested with the sovereignty of the kingdom: they were rendered coördinate with the king, or rather superior to him, in the exercise of the executive power; and as there was no circumstance of government which, either directly or indi rectly, might not bear a relation to the security or observance of the Great Charter, there could scarcely occur any incident in which they might not lawfully interpose their authority. John seemed to submit passively to all these regulations, however injurious to majesty: he sent writs to all the sheriffs, ordering them to constrain every one to swear obedience to * This seems a very strong proof that the house of commons was not then in being; otherwise the knights and burgesses from the several counties could have given in to the lords a list of grievances, without 80 unusual an election. †M. Paris, p. 181. VOL. I. 37 H the twenty-five barons:* he dismissed all his foreign forces · he pretended, that his government was thencefortn to run in a new tenor, and be more indulgent to the liberty and independence of his people. But he only dissembled till he should find a favorable opportunity for annulling all his concessions. The injuries and indignities which he had formerly suffered from the pope and the king of France, as they came from equals or superiors, seemed to make but small impression on him; but the sense of this perpetual and total subjection under his own rebellious vassals, sunk deep in his mind; and he was determined, at all hazards, to throw off so ignominious a slavery.† He grew sullen, silent, and reserved: he shunned the society of his courtiers and nobles: he retired into the Isle of Wight, as if desirous of hiding his shame and confusion; but in this retreat he meditated the most fatal vengeance against all his enemies. He secretly sent abroad his emissaries to enlist foreign soldiers, and to invite the rapacious Brabançons into his service, by the prospect of sharing the spoils of England, and reaping the forfeitures of so many opulent barons, who had incurred the guilt of rebellion, by rising in arms against him. And he despatched a messenger to Rome, in order to lay before the pope the Great Charter, which he had been compelled to sign, and to complain, before that tribunal, of the violence which had been imposed upon him.|| Innocent, considering himself as feudal lord of the kingdom, was incensed at the temerity of the barons, who, though they pretended to appeal to his authority, had dared, without waiting for his consent, to impose such terms on a prince, who, by resigning to the Roman pontiff his crown and independence, had placed himself immediately under the papal protection. He issued, therefore, a bull, in which, from the plenitude of his apostolic power, and from the authority which God had committed to him, to build and destroy kingdoms, to plant and overthrow, he annulled and abrogated the whole charter, as unjust in itself, as obtained by compulsion, and as derogatory to the dignity of the apostolic see. He prohibited the barons from exacting the observance of it: he even pro hibited the king himself from paying any regard to it: he * M. Paris, p. 182. t M. Paris, p. 183. + M. Paris, p. 183. M. Paris, p. 183. Chron. Dunst. vol. i. p. 72. Chron. Mailr. D. 188. M. Paris, p. 188. Chron. Dunst. vol. i. p. 73. absolved him and his subjects from all oaths which they had been constrained to take to that purpose; and he pronounced a general sentence of excommunication against every one who should persevere in maintaining such treasonable and iniquitous pretensions. * The king, as his foreign forces arrived along with this bull now ventured to take off the mask; and, under sanction of the pope's decree, recalled all the liberties which he had granted to his subjects, and which he had solemnly sworn to observe. But the spiritual weapon was found upon trial to carry less force with it than he had reason from his own experience to apprehend. The primate refused to obey the pope in publishing the sentence of excommunication against the barons; and though he was cited to Rome, that he might attend a general council there assembled, and was suspended, on account of his disobedience to the pope, and his secret correspondence with the king's enemies; † though a new and particular sentence of excommunication was pronounced by name against the principal barons; ‡ John still found that his nobility and people, and even his clergy, adhered to the defence of their liberties, and to their combination against him: the sword of his foreign mercenaries was all he had to trust to for restoring his authority. The barons, after obtaining the Great Charter, seem to have been lulled into a fatal security, and to have taken no rational measures, in case of the introduction of a foreign force, for reassembling their armies. The king was, from the first, master of the field; and immediately laid siege to the castle of Rochester, which was obstinately defended by William de Albiney, at the head of a hundred and forty knights with their retainers, but was at last reduced by famine. John, irritated with the resistance, intended to have hanged the governor and all the garrison; but on the representation of William de Mauleon, who suggested to him the danger of reprisals, he was content to sacrifice, in this barbarous manner, the inferior prisoners only. The captivity of William de Albiney, the best officer among the confederated barons, was an irreparable loss to their cause; and no regular opposition was thenceforth made to the progress of the royal arms. The ravenous and barbarous mercenaries, incited by a cruel and enraged * Rymer, vol. i. p. 203, 204, 205, 208. M. Paris, p. 184, 185, 187. † M. Paris, p. 189. Rymer, vol. i. p. 211. M. Paris, p. 192, prince, were let loose against the estates, tenants, manors, houses, parks of the barons, and spread devastation over the face of the kingdom. Nothing was to be seen but the flames of villages, and castles reduced to ashes, the consternation and misery of the inhabitants, tortures exercised by the soldiery to make them reveal their concealed treasures, and reprisals no less barbarous, committed by the barons and their partisans on the royal demesnes, and on the estates of such as still adhered to the crown. The king, marching through the whole extent of England, from Dover to Berwick, laid the provinces waste on each side of him; and considered every estate, which was not his immediate property, as entirely hostile, and the object of military execution. The nobility of the north in particular, who had shown greatest violence in the recovery of their liberties, and who, acting in a separate body, had expressed their discontent even at the concessions made by the Great Charter, as they could expect no mercy, fled before him with their wives and families, and purchased the friendship of Alexander, the young king of Scots, by doing homage to him. The barons, reduced to this desperate extremity, and menaced with the total loss of their liberties, their properties, and their lives, employed a remedy no less desperate; and making applications to the court of France, they offered to acknowledge Lewis, the eldest son of Philip, for their sovereign, on condition that he would afford them protection from the violence of their enraged prince. Though the sense of the common rights of mankind, the only rights that are entirely indefeasible, might have justified them in the deposition of their king, they declined insisting before Philip on a pretension which is commonly so disagreeable to sovereigns, and which sounds harshly in their royal ears. They affirmed that John was incapable of succeeding to the crown, by reason of the attainder passed upon him during his brother's reign; though that attainder had been reversed, and Richard had even, by his last will, declared him his successor. They pretended, that he was already legally deposed by sentence of the peers of France, on account of the murder of his nephew; though that sentence could not possibly regard any thing but his transmarinė dominions, which alone he held in vassalage to that crown. On more plausible grounds, they affirmed, that he had already deposed himself by doing homage to the pope, changing the nature of his sovereignty, and resigning an inde |