A History of England Principally in the Seventeenth Century Part 5

For the general course of the development it is significant that the rights of Parliament in relation to the voting of taxes, and now also to legislation as a whole, were acknowledged before an appropriate form was found for its consultations. In the first years of Edward III its four const.i.tuent parts, prelates, barons, knights, and town deputies, held their debates in four different a.s.semblies; but gradually the two first were fused into an Upper, the two last into a Second House, without any definite law being laid down to that effect: the nature of things led to the custom, the custom in course of time became law.

That which had been already preparing under the first Edward came under the third for the first time into complete operation, viz. the partic.i.p.ation of the Estates in the management of foreign affairs and of war.

In the year 1333 the Parliament advised the King to break the peace with Scotland, which the barons had concluded of their own authority according to their own views, not to put up with any more outrages, and not merely to take back the lost border-fortress of Berwick, but to force the Scots to acknowledge the supremacy of England.

In the year 1337 and afterwards the Parliament more than once approved the King's plan of a.s.serting the claim he had through his mother on the French throne by force of arms and through alliances with foreign princes,[51] and promised to support him in it with their lives and properties; it was all the more ready for this, as France had been repeatedly threatening England with a new Conquest. In the year 1344 the Peers, each in his own name, called on the King to cross the sea and not let himself be hindered by any one, not even by the Pope, from appealing to the judgment of G.o.d by battle. The clergy imposed on themselves a three-years' tenth, the counties a fifteenth, the towns two tenths; the great n.o.bles followed him in person with their squires and hors.e.m.e.n, without even alluding to their old remonstrances. So that splendid army made its appearance in France, in which the weapons of the yeomen vied with those of the knights, and which, thanks chiefly to the former, won the victory of Cressy. Whilst the King made conquests over the French, his heroic Queen repelled the Scotch. In these wars the now united nation, which put forth all its strength, came for the first time to the feeling of its power, to a position of its own in the world and to the consciousness of it. The King of Scotland at that time, and the King of France some years later, became prisoners in England.

A period followed in which England seemed to have obtained the supremacy in Western Europe. The Scots purchased their King's freedom by a truce which bound them to long and heavy payments, for which hostages were given as a security. A peace was made with the French by which Guienne, Gascony, Poitou, and such important towns as Roch.e.l.le and Calais were surrendered to the English. The Prince of Wales, who took up his residence at Bordeaux, mixed in the Spanish quarrels with the view of uniting Biscay to his territories in South France. As the result of these circ.u.mstances and of the well-calculated encouragement of Edward III, we find that English commerce prospered immensely and, in emulous alliance with that of Flanders, began to form another great centre for the general commerce of the world. It was still chiefly in the hands of foreigners, but the English made great profits by it.

Their riches gained them almost as much prestige in the world as their bravery.[52] The more money-resources the towns possessed, and the more they could and did support the King, the greater became their influence on the affairs of the realm. No language could be more humble than that of these 'poor and simple Commons,' when they address themselves to 'their glorious and thrice gracious King and lord.'[53]

But for all that their representations are exceedingly comprehensive and pressing; their grants are not to take effect, unless their grievances are redressed; they never leave out of sight the interests of their staple; they a.s.sail the exactions of the officials or the clergy with great zeal. The regard paid to them gives the whole government a popular character.

On an attempt of the King to exercise the legislative power in his great council, they remonstrated; they had no objection to the ordinances themselves, but insisted that valid statutes could only proceed from the lawfully a.s.sembled Parliament.

Now too the relations to the Papal See came again into consideration.

Seated at Avignon under the influence of the French crown, the Popes were natural opponents of Edward III's claims and enterprises; they sometimes thought of directing the censures of the Church against him.

On the other hand, the complaints in England against the encroachments and pecuniary demands of the Curia were louder than ever, without however coming to a rupture on these points. But at last Urban V renewed the old claim to the va.s.salage of England; he demanded the feudal tribute first paid by King John, and threatened King and kingdom, in case they were not willing to pay it, with judicial proceedings.[54] We know the earlier kings had seen in the connexion with Rome a last resource against the demands of the Estates: on the King's side it required some resolution to renounce it. But the very nature of the Parliamentary government, as Edward III had settled it, involved a disregard of these considerations for the future. It was before the Parliament itself that he laid the Papal demands for their consent and counsel. The Estates consulted separately: first the spiritual and lay lords framed their resolution, then the town deputies a.s.sented to it. The answer they gave the Pope was that King John's submission was dest.i.tute of all validity, since it was against his coronation-oath, and was made without the consent of the Estates; should the Pope try to enforce satisfaction of his demand by legal process or in any other manner, they would all--dukes earls barons and commons--oppose him with their united force.[55] The clergy only a.s.sented to the declaration of invalidity; to threaten the holy father with their resistance, they considered unbecoming. But the declaration of the lay Estates was in itself sufficient for the purpose: the claim was never afterwards raised again.

The Estates had often been obliged to contend against the King and the Roman See at the same time; now the King was allied with them against the Papacy. Now that the Parliamentary const.i.tution was established in its first stage, it is clear how much the union of the Crown and the Estates in opposition to external influence had contributed to it. It was destined however shortly to undergo yet other tests.

NOTES:

[37] Matthew Paris, Historia Major ann. 1253, p. 750.

[38] In Henr. Knyghton, 2445. According to Matthew Paris they swore, not to let themselves be held back by anything--'quin regnum, in quo sunt nati homines geniales et eorum progenitores, ab ingenerosis et alienigenis emundarent.'

[39] 'Les XXIV ont ordene, ke treis parlemens seient par an,--a ces treis parlemens vendrunt les cunseillers le rei eslus,--ke le commun eslise 12 prodes hommes ke vendrunt as parlemens--pur treter de besoigne le rei et del reaume.' On the explanation of this pa.s.sage, the 'Report on the dignity of a peer' 102 contains matter wellweighed on all sides.

[40] Letter of Clement IV to Louis IX, in Rainaldus, 1265, p. 167.

'Quid putas--per talia machinamenta quaeri? Nisi ut de regno illo regium nomen aboleatur omnino: nisi ut Christia.n.u.s populus a devotione matris ecclesiae et observantia fidei orthodoxae avertatur.'

[41] 'Convocatis discretioribus regni tam ex majoribus quam minoribus.' Statute of Marleberge, 1267.

[42] 'Nostrae voluntatis fuit ut de bonis terrae ipsa terra conservaretur.' In Knyghton, ii, 2501.

[43] Statutum de tallagio non concedendo, or Nova additio cartarum; in Hemingburgh, articuli inserti in magna charta.

[44] 'Carta confirmationis regis Edwardi I,' in the collection of charters prefixed to the collection of the Statutes in the 'Statutes of the Realm,' p. 37.

[45] 'Avuns graunte--as Arceevesques etc. e as Countes--e a toute la communaute de la terre que mes pur nule busoigne tieu manere des aydes mises ne prises de nre Roiaume ne prendrums fors ke par commun a.s.sent de tout le Roiaume e a commun profist de meismes le Roiaume, sauve les auncienes aydes e prises due e acoustumees.' The Articulus insertus in Magna Charta, according to the other statements, runs, 'nullum Tallagium vel auxilium imponatur seu levetur sine voluntate atque a.s.sensu communi Archiepiscoporum Episcoporum et aliorum liberorum hominum in regno nostro.'

[46] Hemingburgh: eo quod confirmaverat eas in terra aliena.

[47] Matthew of Westminster, 433. 'Procrastinatis quampluribus diebus demum videns rex quod non desisterent ab inceptis nec adquiescerent sibi in necessitatibus suis, respondit se esse paratum concedere et ratificare pet.i.ta.'

[48] At Lincoln, 21 Feb. 1301. In Rymer, Rainaldus, Sponda.n.u.s.

[49] Report 183; Hallam, Additional Notes 332.

[50] Revocatio novarum ordinationum, 1323, 29 May, Statutes of the Realm I. 189, 'les choses, qui serount a establir--soient tretees accordees et establies en parlaments par notre Sr. le Roi et par la.s.sent des Prelats Countes et Barouns et la communalte du roialme.'

[51] Speech of W. Shareshall 1351, Parliamentary History (1762) i.

295.

[52] We know the letter of the Duke of Guelders, in which he praised equally 'lanae commoda,--divitias in comparatione ad alios reges centuplas,' and the 'probitas militaris, arcuum asperitas,' in Twysden ii. 2739.

[53] Report 324.

[54] 'Est en volunte de faire proces devers le roy et son roialme pur le dit service et cens recoverir.'

[55] 'Qu'ils resisteront et contre esteront ove toute leur puissance.'

Edw c.o.ke first published the doc.u.ment, Inst.i.tutes iv. 13. In Urban V's letter to Edward in Rainaldus 1365, 13, the demand is not so clearly expressed, but mention is made in it of the Nuncio's overtures; it is to these that the resolution of the Parliament referred.

CHAPTER V.

DEPOSITION OF RICHARD II. THE HOUSE OF LANCASTER.

England did not long maintain herself in the dominant position she then occupied; the plan of extending her rule into Spain proved ruinous to the Prince of Wales. Not merely was his protege overpowered by the French 'Free Companies,' which had gathered round his opponent: a Castilian war-fleet succeeded in destroying the English one in sight of the harbour of Roch.e.l.le. On this, their natural inclination towards the King of France awoke in the n.o.bles and towns of South France; without great battles, merely by the revolt of va.s.sals tired of his rule, Edward III again lost all the territories conquered with such great glory, except a few coast towns. Then a gloom settled down around the aged conqueror. He saw his eldest son, who, though obliged to quit France, in England enjoyed the fullest confidence and had every prospect of a great future, sicken away and die. And he too experienced, what befalls so many others, that misfortune abroad raised him up opponents at home. In the increasing weakness of old age, which gave rise to many well-grounded grievances, he could not maintain the independence of the royal power, with the re-establishment of which he had begun his reign. He was forced to receive into his Council men whom he did not like. He was still able to effect thus much, that the succession to the kingdom came to the son of the Prince of Wales, Richard II. But would he, a boy of eleven, be able to take the helm of the proud ship? Men saw factions arise that grouped themselves round the King's uncles, who were not fully disposed to defend his authority.

The great question for English history now was, whether the Parliamentary const.i.tution, whilst it limited the King's prerogative, would also give him security. For the Commons had been at last admitted into the King's Council chiefly in order that they might withstand the violence of the factions. The situation however was not without its complications, for with the political movement one of yet wider aim was connected.

When the kingdom was at the very height of its power there arose in a college at Oxford the man who began that contest against the Papal supremacy which has never since ceased. John Wiclif attached himself first of all to the political movements of his time. One of his earliest writings was directed against the feudal supremacy of the Popes over England. He supported the Parliament's complaints of Romish Provisions and exactions of money, with great learning and at great length. Had his activity confined itself to these subjects, he would be hardly more remembered than perhaps Marsilius of Padua. What gave him quite a special significance was the fact that he brought into clear view the contradiction between the ruling form of the Church and the original doc.u.ments of the Faith. From the claim of the Popes to be Christ's representatives, he drew the conclusion that they ought also to observe the Gospel which comes from the G.o.d-Man, follow His example, and give up their worldly power.[56] The leading Church dogma, that most closely connected with the hierarchic system, the dogma of Transubstantiation, he attacked as being one which equally contradicted Scripture and Reason. He urges his proofs with the acuteness of a skilful Schoolman, but throughout he shows a deep inner religious feeling. We may distinguish in him two separate tendencies.

His appeal to Scripture, his attempt to make it accessible to the people, his treatment of dogmatic and religious questions which he will allow to be decided only by Revelation,--all this makes him an evangelic man, one of the chief forerunners of the German Reformation.

But, as he himself felt, his strength lay rather in destruction than in construction. In a.s.serting the doctrine that the t.i.tle to office depends for its validity on personal worth, that even the rule of temporal lords rests on the favour in which they stand with G.o.d, and in raising subjects to be the judges over their oppressive masters, he entered on a path like that which the Taborites and the leaders of the peasants in Germany afterwards took.[57]

And these were precisely the doctrines for which his scholars, who traversed the land to make them known, found a well prepared soil in the people of England. How could the rise of popular elements fail to call forth a kindred effort also among the lower cla.s.ses? The belief arose that Nature intended all men to be equal. The country people spoke of their primitive rights, traces of which were found in the memorials of the Conqueror's times, and which had then been taken from them. When now, instead of seeing these respected, they were subjected to new impositions, and this with harshness and insolence, they rose in open revolt. So overpowering was the attack which they directed against the capital and the King's palace, that Richard II found himself forced to grant them a charter which secured them personal freedom. Had they contented themselves with this, they might have done best for themselves and perhaps for the crown, but when they demanded yet further and more extreme concessions, they roused against themselves the whole power of the organised State, for which they were as yet no match. The Mayor of London himself struck down with his dagger the leader of the bands, Wat Tyler, because he seemed to threaten the King; the Bishop of Norwich was not hindered by his spiritual character from levelling his lance against the insurgents;[58] after which he accompanied the leaders, who were taken and condemned to death, to the scaffold, with words of comfort; in other places the lay n.o.bles did their best. When therefore in the next Parliament the King brought forward the proposal to declare the serfs free by a united resolution,--for the previous charter that had been wrung from him was considered invalid,--both Lords and Commons rejected it, as tending to disinherit them and prove pernicious to the kingdom.

It is not to be supposed that a movement like this, which the lower cla.s.s of citizens in the towns had joined, just as in the German peasant war, and which was mainly directed against the landed gentry, could be stifled by one defeat: it continued to ferment uninterruptedly in men's hearts.

Still less did the condemnation pa.s.sed by Convocation on the deviations from the teaching of the Church effect their suppression.

On the basis of Wiclif's doctrines grew up the sect of the Lollards, which condemned the worship of images, pilgrimages, and other external church ceremonies, designated the union of judicial authority with spiritual office as unnatural--'hermaphroditism'--rejected excommunication with abhorrence, and made secret and systematic war against the whole Church establishment.

But further besides these feuds there was one within the State system itself which now became most conspicuous.

In the midst of the general ferment how necessary had a strong and resolute hand become! But Richard's government had shown itself somewhat weak; by many it was suspected of having meant to turn the disturbances to its own advantage. The commons, who mainly represented the lower gentry and the upper citizens, abandoned him, and attached themselves to the n.o.bles, just as these revived their old jealousy against the crown. For the almost inevitable result of success in suppressing a popular agitation is to heighten the self-confidence of an aristocracy. Impatient at being excluded from all share in the government, and strengthened in his ambition by the military disasters of the last years, the youngest of Richard's uncles, Thomas of Gloucester, put himself at the head of the grandees, whose plans the commons, instead of opposing, now on the contrary adopted as their own. The great questions arose, which have so often since then convulsed the European world, as to the relation of a Parliamentary a.s.sembly to the Monarchy, and their respective rights.

The first demand of the English Parliament was that the ministers of State should be named by it, or at least should be responsible to it.

Much as this demand itself implies, yet even more extensive views were behind. The Peers told the King plainly that if he would not rule according to the common law and with their advice, it was competent for them to depose him, with consent of the people, and to raise another of the royal house to the throne;[59] they threatened him openly with the fate of Edward II.

Richard could do nothing but submit. Eleven lords were appointed to restore order in the country; Richard had to swear to carry out all they should ordain (November 1386). There remained but one way by which to oppose this open violence: the King collected the chief judges at Nottingham, and laid the question before them, whether the Commission now forced upon him did not contravene the royal power and his prerogative. The judges were far from so interpreting the Const.i.tution of England as to allow that the King is unconditionally bound by the commands of Parliament. They affirmed under their hand and seal that the appointment of that Commission against the King's will contravened his legal prerogative; those by whom he had been forced to accept it, and who had revived the recollection of the statute against Edward II, they declared to be guilty of high treason.

But Parliament itself saw in this sentence not a judgment but an intolerable outrage. At its next sitting it summoned the judges before its tribunal, and in its turn declared them to be themselves guilty of high treason. Chief Justice Tresilian died a shameful death at Tyburn.

The King lived to find yet harsher laws laid upon him: his uncle Gloucester was more powerful than he was himself.

He was not however disposed to bear this yoke for ever. He first freed himself from the war with France, which tied his hands; by his marriage with Charles VI's young daughter he sought to win that king over as an ally on his own side; at home too he gained himself friends; when all was prepared, he struck a sudden blow (July 1397), which no one would have expected from him. He removed his leading opponents (above all his uncle Gloucester, and Arundel Archbishop of Canterbury), banished them or threw them into prison: then he succeeded in getting together a Parliament in which his partisans had the upper hand. It moreover completely adopted the ideas of the judges as to the Const.i.tution; it revoked the statutes which had been forced on the King,[60] and gave effect to the sentence of Nottingham. By making the King a very considerable grant for his lifetime, it freed him from the necessity of summoning it anew; he rose at once to a high pitch of self-confidence: he was believed to have said that the laws of England consisted in his word of mouth.

In England, just as in France at the same epoch, political opinions and parties ebbed and flowed in ceaseless antagonism. Richard's success was only momentary. He too, like so many of his ancestors, had incurred a grievous suspicion; the crime laid to his charge was that his uncle, who died in prison, had been murdered there by his command.