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That we may finish at once this interesting transaction concerning the settlement of the charters, we shall briefly mention the subsequent events which relate to it. The constable and mareschal, informed of the king’s compliance, were satisfied, and not only ceased from disturbing the government, but assisted the regency with their power against the Scots, who had risen in arms, and had thrown off the yoke of England.[***]
* Heming. vol. i. p. 138.
** Walsing, p. 73. Heming. vol. i. p. 138, 139 140, 141.
Trivet, p. 308.
*** Walsing, p. 74. Heming. vol. i. p. 143.
But being sensible that the smallest pretence would suffice to make Edward retract these detested laws, which, though they had often received the sanction both of king and parliament, and had been acknowledged during three reigns, were never yet deemed to have sufficient validity, they insisted that he should again confirm them on his return to England, and should thereby renounce all plea which he might derive from his residing in a foreign country when he formerly affixed his seal to them.[*] It appeared that they judged aright of Edward’s character and intentions: he delayed this confirmation as long as possible; and, when the fear of worse consequences obliged him again to comply, he expressly added a salvo for his royal dignity or prerogative, which in effect enervated the whole force of the charters.[**] The two earls and their adherents left the parliament in disgust; and the king was constrained on a future occasion to grant to the people, without any subterfuge, a pure and absolute confirmation of those laws[***] which were so much the object of their passionate affection. Even further securities were then provided for the establishment of national privileges. Three knights were appointed to be chosen in each county, and were invested with the power of punishing, by fine and imprisonment, every transgression or violation of the charters;[****] a precaution which, though it was soon disused, as encroaching too much on royal prerogative, proves the attachment which the English in that age bore to liberty, and their well-grounded jealousy of the arbitrary disposition of Edward.
The work, however, was not yet entirely finished and complete. In order to execute the lesser charter, it was requisite, by new perambulations, to set bounds to the royal forests, and to disafforest all land which former encroachments had comprehended within their limits. Edward discovered the same reluctance to comply with this equitable demand; and it was not till after many delays on his part, and many solicitations and requests, and even menaces of war and violence,[*****] on the part of the barons, that the perambulations were made, and exact boundaries fixed by a jury in each county to the extent of his forests.[******] Had not his ambitious and active temper raised him so many foreign enemies, and obliged him to have recourse so often to the assistance of his subjects, it is not likely that those concessions could ever have been extorted from him.
* Heming. vol. i. p. 159.
** Heming. vol. i. p. 167, 168.
*** Heming. vol. i. p. 168.
**** Heming. vol. i. p. 170.
from the Chronicle of St. Albans, that the barons, not
content with the execution of the charter of forests,
demanded of Edward as high terms as had been imposed on his
father by the earl of Leicester; but no other historian
mentions this particular.
****** Heming. vol. i. p. 171. M. West. p. 431, 433.
But while the people, after so many successful struggles, deemed themselves happy in the secure possession of their privileges, they were surprised in 1305 to find that Edward had secretly applied to Rome, and had procured from that mercenary court an absolution from all the oaths and engagements, which he had so often reiterated, to observe both the charters. There are some historians,[*] so credulous as to imagine, that this perilous step was taken by him for no other purpose than to acquire the merit of granting a new confirmation of the charters, as he did soon after; and a confirmation so much the more unquestionable, as it could never after be invalidated by his successors, on pretence of any force or violence which had been imposed upon him. But, besides that this might have been done with a better grace if he had never applied for any such absolution, the whole tenor of his conduct proves him to be little susceptible of such refinements in patriotism; and this very deed itself, in which he anew confirmed the charters, carries on the face of it a very opposite presumption. Though he ratified the charters in general, he still took advantage of the papal bull so far as to invalidate the late perambulations of the forests, which had been made with such care and attention, and to reserve to himself the power, in case of favorable incidents, to extend as much as formerly those arbitrary jurisdictions. If the power was not in fact made use of, we can only conclude that the favorable incidents did not offer.
Thus, after the contests of near a whole century, and these ever accompanied with violent jealousies, often with public convulsions, the Great Charter was finally established; and the English nation have the honor of extorting, by their perseverance, this concession from the ablest, the most warlike, and the most ambitious of all their princes.[**] It is computed that above thirty confirmations of the charter were done at different times.
* Brady, vol. ii. p. 84. Carte, vol. ii. p. 292.
** It must, however, be remarked, that the king never
forgave the chief actors in this transaction; and he found
means afterwards to oblige both the constable and mareschal
to resign their offices into his hands. The former received
a new grant of it; but the office of mareschal given to
Thomas of Brotherton, the king’s second son times required
of several kings, and granted by them in full parliament; a
precaution which, while it discovers some ignorance of the
true nature of law and government, proves a laudable
jealousy of national privileges in the people, and an
extreme anxiety lest contrary precedents should ever be
pleaded as an authority for infringing them. Accordingly we
find that, though arbitrary practices often prevailed, and
were even able to establish themselves into settled customs,
the validity of the Great Charter was never afterwards
formally disputed; and that grant was still regarded as the
basis of English government, and the sure rule by which the
authority of every custom was to be tried and canvassed. The
jurisdiction of the star-chamber, martial law, imprisonment
by warrants from the privy-council, and other practices of a
like nature, though established for several centuries, were
scarcely ever allowed by the English to be parts of their
constitution: the affection of the nation for liberty still
prevailed over all precedent, and even all political
reasoning; the exercise of these powers, after being long
the source of secret murmurs among the people, was, in
fulness of time, solemnly abolished as illegal, at least as
oppressive, by the whole legislative authority.
To return to the period from which this account of the charters has led us: though the king’s impatience to appear at the head of his armies in Flanders made him overlook all considerations, either of domestic discontents or of commotions among the Scots, his embarkation had been so long retarded by the various obstructions thrown in his way, that he lost the proper season for action, and after his arrival made no progress against the enemy. The king of France, taking advantage of his absence, had broken into the Low Countries; had defeated the Flemings in the battle of Furnes; had made himself master of Lisle, St. Omer, Courtrai, and Ypres; and seemed in a situation to take full vengeance on the earl of Flanders, his rebellious vassal. But Edward, seconded by an English army of fifty thousand men, (for this is the number assigned by historians,[*]) was able to stop the career of his victories; and Philip, finding all the weak resources of his kingdom already exhausted, began to dread a reverse of fortune, and to apprehend an invasion on France itself.
