Part 10

The King solemnly observed the thanksgiving services on Easter Day at his Castle of Wark, and tried to persuade the head men of Berwick to surrender, promising them safety in their persons, security for their possessions, reform of their laws and liberties, pardon for their offences, so that, had they considered their own safety, they would not have slighted the proffered grace. But they, on the contrary, being blinded by their sins, became more scornful, and, while he waited for three days, they gave no reply to so liberal an offer; so that when he came to them on the fourth day, addressing them personally in a friendly manner, they redoubled their insults. For some of them, setting themselves on the heights, ... reviled the King and his people; others fiercely attacked the fleet which lay in the harbour awaiting the King's orders and slew some of the sailors. The women folk, also, bringing fire and straw, endeavoured to burn the ships. The stubbornness of these misguided people being thus manifest, the troops were brought into action, the pride of these traitors was humbled almost without the use of force, and the city was occupied by the enemy. Much booty was seized, and no fewer that fifteen thousand of both sexes perished, some by the sword, others by fire, in the space of a day and a half, and the survivors, including even little children, were sent into perpetual exile. Nevertheless, this most clement Prince exhibited towards the dead that mercy which he had proffered to the living, for I myself beheld an immense number of men told off to bury the bodies of the fallen, all of whom, even those who began to work at the eleventh hour, were to receive as wages a penny apiece at the King's expense.

THE OPPRESSION OF SCOTLAND BY THE ENGLISH (1296).

+Source.+--John Barbour, _The Bruce_, book i., ll. 179-224.

Quhen Schyr Edward, the mychty King, Had on this wyss done his likyng Off Jhone the Balleoll, that swa sone Was all defawtyt and wndone, To Scotland went he than in hy,[77] And all the land gan occupy Sa hale that bath castell and toune War in-till his possessioune, Fra Weik[78] anent[79] Orkenay To Mullyr snwk[80] in Gallaway, And stuffyt all with Ingliss men. Schyrreffys and bailyheys maid he then, And alkyn[81] othir officeris That for to gowern land afferis[82] He maid off Inglis nation; That worthyt[83] than sa rych fellone,[84] And sa wykkyt and cowatouss, And swa hawtane and dispitouss,[85] That Scottis men mycht do na thing That euir mycht pleyss to thar liking. Thar wyffis wald thai oft forly,[86] And thar dochtrys dispitusly: And gyff ony of thaim thair-at war wrath, Thai watyt[87] hym wele with gret scaith;[88] For thai suld fynd sone enchesone[89] To put hym to destructione. And gyff that ony man thaim by Had ony thing that wes worthy, As horss or hund or othir thing That war plesand to thar liking, With rycht or wrang it have wald thai. And gyf ony wald thaim withsay,[90] Thai suld swa do, that thai suld tyne[91] Othir land or lyff, or leyff in pyne.[92] For thai dempt[93] thaim eftir thair will, Takand na kep[94] to rycht na skill.[95] A! quhat[96] thai dempt them felonly. For gud knychtis that war worthy, For litill enchesoune or than nane Thai hangyt be the nekbane. Als that folk that euir wes fre And in fredome wount for to be, Throw thar gret myschance and foly War tretyt than sa wykkytly That thair fays[97] thair jugis[98] war. Quhat wrechitnes may man have mar?

[77] Haste.

[78] Wick.

[79] Opposite.

[80] Neck.

[81] All kinds of.

[82] Pertains.

[83] Became.

[84] So monstrously rich.

[85] Despiteful.

[86] Lie with.

[87] Plundered.

[88] Hurt.

[89] Excuse.

[90] Gainsay.

[91] Lose.

[92] Misery.

[93] Judged.

[94] Heed.

[95] Reason.

[96] How.

[97] Foes.

[98] Judges.

THE POPE FORBIDS THE TAXATION OF THE CLERGY (1296-1297).

+Source.+--_Walter of Hemingburgh's Chronicle_, vol. ii., pp. 113 _et seqq._ (English Historical Society Publications.)

A.--THE BULL "CLERICIS LAICOS."

Boniface, Bishop, servant of the servants of God, for the perpetual remembrance of this matter. Ancient writings declare the hostility of laymen to clerics in a city, and the experience of these present days confirms it, for laymen, not content with their own, strive to enter a forbidden sphere, and cast off restraint in quest of unlawful power; nor do they prudently remember that jurisdiction over clerics and ecclesiastics and their goods is prohibited to them; on the contrary, they impose heavy burdens on prelates of churches, churches, and the regular and secular clergy, talliage them, ... and compel them to undergo all manner of servitude ...; further, ... some prelates, ... seeking a transitory peace, ... acquiesce in such abuses, without obtaining the authority of the Apostolic See. We, therefore, wishing to prevent such occurrences, by the advice of our brethren, decree by our apostolic authority, that all prelates or clerics, ... who pay or promise to laymen imposts or talliages, a half, a tenth, a twentieth, or a hundredth, of the goods and revenues belonging to themselves and their churches ... without the authority of the same see; likewise all Emperors, Kings, Princes, Dukes, Earls, ... and any others ... who impose, exact, or receive such payments, ... thereby incur the sentence of excommunication.

B.--ITS RECEPTION IN ENGLAND.

On the day after All Saints in the same year, the King held his Parliament at St. Edmund's, where he was granted, on his request, a twelfth by the people, and an eighth by the cities and boroughs; a fifth was demanded from the clergy, but they replied that they were unable to grant anything, and the King to receive anything, without each incurring the sentence of excommunication pronounced in the Bull; a result which they deemed the King did not desire, and which they knew would be injurious to themselves. But this reply did not satisfy the King, so postponement was made to another Parliament to be held at London on the day after S. Hilary, to see if after mature deliberation in the interval they would give a more favourable reply. At length the day came, and when the clergy were assembled, Master Robert of Winchelsea Archbishop of Canterbury, after hearing the advice of the messengers sent from the King, replied as follows: "You know well, my lords, for it is undeniable, that under God Omnipotent we have two lords, one spiritual and one temporal; our spiritual lord is the Pope and our temporal lord the King; and although we owe obedience to each, yet in a greater degree to the spiritual than to the temporal; but with the aim of satisfying both, we permit and desire our special messengers to be sent at our expense to our spiritual lord the Pope, in order that we may have liberty to grant, or, at least, may be informed by him what we are to do; for we believe that our lord the King fears and wishes to avoid the sentence of excommunication pronounced in the Bull, even as we do." To this the King's messengers replied, "Appoint from among yourselves, my lords, men whom you may send to make these proposals to the lord King; for we, knowing that his wrath is roused, fear to tell him of them." When the clergy had done so, the King's anger broke forth, and giving way to furious rage, he declared the Archbishop of Canterbury himself and all the clergy of England outside his guardianship and protection; and ordered that all the lands--even the lands received in gift--of the Church of England should be taken into his own hand. And, as is believed, it miraculously happened that, on the very day on which the King outlawed the clergy, his soldiers were thrown into confusion and defeated, in Gascony, by the French. Even the King's Justiciar, seated at the tribunal, in the place of the King, said, publicly, in the hearing of all who were present: "Do you, who are attorneys of Archbishops, Bishops, Abbots, and Priors, and all other clerics, announce to your masters that for the future they shall receive no justice in the King's Court for anything, even though they suffer the most cruel wrongs; yet justice shall be done on them in the interest of all who complain against them and wish to have redress. Wonderful to tell! common justice, which is granted to the people, is, I know not for what reason, denied to the clergy; so Mother Church, which of old had dominion over her sons, now walks in bondage and servitude."

But Henry de Newark, Bishop-elect of York, the Bishops of Durham, Ely, and Salisbury, and some others, fearing the anger of the King, and imagining some grave danger to be impending, announced that they had in mind to deposit in their churches a fifth part of the ecclesiastical property of the year, for the defence of the Church of England and the warding off of a great crisis, so that they might avoid the King's anger, and yet not incur the sentence pronounced in the Bull. Thus, whatever was deposited by the clergy the treasury took into its possession; by so doing, and under a pretence granting a fifth, these Churchmen obtained the King's protection. But the Archbishop of Canterbury remained steadfast, refused to grant or deposit anything, and chose rather to incur the anger of the King than the sentence of excommunication; wherefore all his goods were seized, his gold and silver vessels, and all his horses; and his friends forsook him, nor was there even anything left for the maintenance of Christ's poor; and it was ordained, under pain of heavy forfeiture to the King, that no one should receive him to lodge within a religious house or elsewhere, heedless of the command of the Apostle, "Receive one another, as Christ also received you"; and he remained an outcast in the house of a simple rector, with only one priest and one clerk, not having in the whole diocese where to lay his head; yet he ordered himself even according to the word of God, begging publicly, ever ready to die for the Church, and everywhere protesting that all who had granted anything to the King or any other lay person, against the will of the lord Pope, had thereby surely incurred the sentence of excommunication.

The friends of Oliver, Bishop of Lincoln, who also had refused to perform the King's will, persuaded the Sheriff of Lincoln to take a fifth part of the Bishop's goods, and then restore him his possessions and lands. All the monasteries of that same episcopate, and of the whole Province of Canterbury, were taken into the King's hand, and by his command wardens were appointed who allowed to the monks the barest necessaries, while everything else was gathered into the Treasury. Whereupon the Abbots and Priors, driven by necessity, approached the King's Court, and redeemed, not their sins, but their own property, by the payment of a fourth. At that time the clergy received no justice, and clerks suffered many injuries. Churchmen were even robbed of their horses on the King's highway, and were unable to obtain justice, till they ransomed themselves and were received back into the royal protection.

THE NOBLES REFUSE TO GO TO GASCONY WITHOUT THE KING (1297).

+Source.+--_Walter of Hemingburgh's Chronicle_, vol. ii., pp. 121 _et seqq._ (English Historical Society Publications.)

On the Festival of S. Matthew the Apostle in the same year, the King, having summoned the magnates of the kingdom without the clergy, held a Parliament at Salisbury, in which he requested some of the nobles to cross to Gascony. When all began to excuse themselves, the King grew angry, and threateningly told some of them that they would either go or that he would bestow their lands on others who were willing to go. At this many of the Barons were offended, and signs of quarrel began to be apparent. The Earl of Hereford (who was High Constable), and the Earl Marshal gave as their excuse that they would willingly perform the duties which devolved on them by hereditary right, by accompanying the King in person. The King once more repeated his request to the Earl Marshal, who replied: "Gladly will I accompany thee, Sir King, preceding thy royal person in the front rank, as is my hereditary right." "But thou wilt also accompany the others without me." "I am not bound, nor is it my will, Sir King, to set out without thee." Thereat, it is said, the King angrily burst forth: "By God, Sir Earl, thou shalt either go, or hang." "By the same oath, Sir King," replied the Earl, "I will neither go nor hang." Then, without making any agreement, he left the council, which was dissolved for that occasion. Very soon the Earl of Hereford and the Earl Marshal, gathering round them many Barons, and choosing more than thirty bannerets, had collected a great host, to the number of fifteen hundred horsemen armed for battle; and the King began to be afraid, though he concealed his fear. Then the rebels, going to their own estates, refused to allow the King's officials to take wool or hides or to make any unusual exaction, or to extort anything from those unwilling to give; they even forbade the officials entrance to their estates, on pain of loss of life and limb, and occupied themselves in preparations for resistance.

The King, in this same year, abiding by his resolve, ordered all who owed him service, and all others who held from anyone twenty pounds worth of land within the kingdom of England, to be at London on the Feast of S. Peter ad Vincula, with horses and arms, prepared to cross with him without delay or excuse.... The Earl of Hereford and the Earl Marshal, who had seceded from the King, when they did not fulfil their obligations, were dismissed from their offices, and the offices given by the King to others, who would do his will. The Earls, much incensed thereat, especially since they were supporting not so much their own cause as that of the commonalty as a whole, informed the mediators, who were passing between them and the King, that not only they themselves, but the whole commonalty of the land, were oppressed beyond all bounds by unjust exactions, talliages and prises, and especially by the non-observance of the liberties of the Great Charter; and when they saw that the King's attitude was unyielding ... they sent messengers to him ... to say that if he would confirm the Charter of Liberties and redress certain abuses, they were all ready to follow him to life or death....

When the lord King was at Portsmouth almost ready to cross (to Flanders), the Earls sent messengers to him to seek to know his will regarding the aforesaid proposals. And the King answered: "My full council is not here with me, ... and without it I cannot reply to your demands. But go, tell them that sent you, that if they are willing to come with me, they will do me a great pleasure; if they are not, I beg of them not to do injury to me or, at least, to the kingdom."... Then the aforesaid Earls, with certain Barons their accomplices, returning to London, forbade the King's Chancellor and his Barons of the Exchequer to collect the eighth penny of which the King had obtained a grant from the people, or the fifth from the clergy, or any other exaction or levy. And they besought the Londoners, as friends and brethren, to assist them to gain the liberties of the Great Charter, and to take measures for the recovery of their lost rights, and their preservation, when recovered; and lest they should afterwards be charged with unlawful robbery or extortion, the aforesaid Earls caused it to be publicly proclaimed that no one of their followers was to take anything, however small, from anyone, without paying the just price, and this under pain of losing the right hand, or even the head, should the seriousness of the crime so require. Then they returned to their own lands, doing no hurt or damage to anyone.

WILLIAM WALLACE (1297).

+Source.+--_The Book of Pluscarden_, pp. 117 _et seqq._ (_Historians of Scotland_, vol. x.)

The same year, that renowned champion William Wallace, the terror of the English, the son of a noble knight of the same name, rose in Scotland. He was very tall of stature, of great bodily strength, pleasant and merry of countenance, of kindly seeming to all his friends, but terrible to his foes, bounteous in gifts, most righteous in judgment. Being a true Scot, he loathed the English nation and their ways; and at the outset of his rebellion against the English nation, he slew the Sheriff of Lanark and many others with him. From that time there were gathered unto him all who were bitter in spirit and weighed down by the burden of most wretched thraldom under the unbearable domination of the English nation. He became their leader and one of the Wardens of Scotland; for he was a man of wonderful courage and daring, of knightly origin. His brother, Sir Andrew Wallace, was girded with the belt of knighthood, and was a very distinguished and gallant knight; and his patrimony is still in the possession of his descendants. He himself, however, overthrew the English on all sides and was always successful against them, so that by force and by dint of his prowess he in a short time brought all the magnates of Scotland under his control, whether they would or no; and, when all had thus been gained over, he held out manfully, and devoted himself with all his might to storming the stronger castles and bringing under the sway and dominion of the Scots the strongholds where the English were in power, for his aim was ever skilfully to overthrow and undo the English, always sagaciously casting about to compass by tact and cunning all he was unable to achieve by force and the strong hand. In all his doings, and in the carrying out of every undertaking, he would exhort his comrades always to have the cause of the freedom of Scotland before their eyes in battle, and to charge in its name. He also told them off by fives, appointing one to have command and maintain discipline over four under him, and another over ten, and so with each of them; and he gave instructions that whoever would not obey his superiors in the ordering of the battle should be summarily put to death; and so on up to twenty-five and fifty and a hundred in their several ranks.... At length the renown of William Wallace's name was so spread about that the noise of the damage done by him to the natives of England reached the ears of the King of England, who sent into Scotland a large force of men-at-arms, with his Treasurer, Hugh Cressingham, to curb the daring of this William Wallace. On hearing this, William Wallace, who was then engaged on the siege of Dundee Castle, entrusted it to the burgesses, and, mustering his forces, set himself without much ado to oppose the aforesaid Treasurer with all haste. He accordingly engaged him at Stirling Bridge on the 11th of September, 1297, and made great havoc among his train. Sir Hugh was killed there, and the remnant of his army who escaped were put to flight, and returned to England; many were drowned in the rout. So the said William happily gained the victory; and here the noble Andrew Murray fell by the sword, with a few others of Scottish birth. After this, however, William Wallace returned to the siege of Dundee Castle, and brought that place under his sway; and, finding there much treasure of the King of England, he generously distributed it among his companions in arms. Thereupon so great fear and trembling fell upon the enemy, that some of the wardens of castles left their castles and fled from the fortified places, while others, after sacking the castles, demolished the strongest towers and withdrew to their own country. Now from lack of grain there was a great dearth before the autumn, on account of which the General gave orders that the army should make its way into England and live there at the expense of the enemy, so as to save their own provisions and keep them for the winter. The aforesaid William Wallace likewise appointed that a gallows should be set up in every domain, so that all under orders to fight, if absent or flying from battle at a critical time without leave or reasonable cause, might be hanged thereon without mercy. When these matters had been settled and completed, he made his way towards England, and overran and ravaged the whole of Northumberland as far as Newcastle; thus he wintered in England at the expense of the enemy, and saved his country's substance; and he got home again safely with much riches and honour....

During the time of his rule the Kingdom of Scotland prospered wonderfully in happiness and in manifold ways; everyone dwelt in safety with his own, and agriculture began to thrive everywhere. In spite, however, of all his good deeds and deserts in the interests of the state and the independence of the crown, certain sons of wickedness and imps of the devil conspired and devised mischief against him, framing lies and backbiting him behind his back while speaking him fair to his face and meditating treachery, saying within their hearts, "We will not have this man reign over us." But the lower orders and the populace were exceedingly fond of him, as were also a good many of the older and wiser of the great men of the kingdom. For God of His loving-kindness sent this leader to snatch them from the snare of the fowler; and, whereas the whole of Scotland was unable at that time to defend herself, he, supported by the help of God and aided by the assistance of S. Andrew and S. Cuthbert, did his best to free her from the chain of perpetual slavery, and strove to exalt her with uplifted arm. So the death of the guileless lamb was devised by those envious haters of the happiness of mankind; and hard upon his death there followed struggles, the shipwreck of the clergy of Scotland, the ruin of the people, the downfall of the kingdom, and the destruction of the state.

THE CONFIRMATION OF THE CHARTERS (1297).

+Source.+--_Walter of Hemingburgh's Chronicle_, vol. ii., pp. 147-151. (English Historical Society Publications.)

While such deeds were being wrought by the perfidious race of the Scots, those of the King's council who were with his son, seeing that great danger threatened not only the King in distant parts but the whole realm of England, urged the King's son, who was residing at London within the city walls for fear of rebellion, to request and require the Earl Marshal and the Earl of Hereford, who, as has been explained, had revolted from his father, to join him, in peace and love. So he sent letters, asking them to come to the Parliament which he was holding in the stead of his father at London on the tenth day of October. They acceded to the request of their new ruler and future Prince, and came on that day, though not defenceless, for they brought with them fifteen hundred horsemen and a great number of chosen foot-soldiers; they then refused to enter the city gates until they were allowed to station their own guards at each gate, in case, entering without weapons, they should be shut in like sheep in a fold. When this was granted them, they entered, and after much debate and deliberation, by the mediation of the venerable father, Master Robert of Winchelsea, Archbishop of Canterbury, of blessed memory, there was no other form of agreement than that the lord King himself should grant and confirm Magna Carta with certain additional articles, and the Charter of the Forest; and that he should promise to seek or exact in the future no aid or task from the clergy or people without the goodwill and assent of the Barons; and that he should set aside all bitterness against them and their associates. Finally, an agreement was drawn up in writing as follows: