: 4. Edward's Judicial Reforms. 1274-1290.-Every king of England since the Norman Conquest had exercised authority in a twofold capacity. On one hand he was the head of the nation, on the other hand he was the feudal lord of his vassals. Edward laid more stress than any former king upon his national headship. Early in his reign he organised the courts of law, completing the division of the Curia Regis into the three courts which existed till recent times the Court of King's Bench, to deal with criminal offences reserved for the king's judgment, and with suits in which he was himself concerned; the Court of Exchequer, to deal with all matters touching the king's revenue; and the Court of Common Pleas, to deal with suits between subject and subject. Edward took care that the justice administered in these courts should as far as possible be real justice, and in 1289 he dismissed two Chief Justices and many other officials for corruption. In 1285 he improved the Assize of Arms of Henry II. (see p. 154), so as to be more sure of securing a national support for his government in time of danger. 5. Edward's Legislation. 1279-1290.—It was in accordance with the national feeling that Edward, in 1290, banished from England the Jews, whose presence was most profitable to himself, but who were regarded as cruel tyrants by their debtors. On the other hand, Edward took care to assert his rights as a feudal lord. In 1279, by the statute De religiosis, commonly known as the Statute of Mortmain, he forbade the gift of land to the clergy, because in their hands land was no longer liable to the feudal dues. In 1290, by another statute, Quia emptores, he forbade all new sub-infeudation. If from henceforth a vassal wished to part with his land, the new tenant was to hold it, not under the vassal who gave it up, but under that vassal's lord, whether the lord was the king or anyone else. The object of this law was to increase the number of tenants-in-chief, and thus to bring a larger number of land-owners into direct relations with the king. He 6. Edward as a National and as a Feudal Ruler.-In his government of England Edward had sought chiefly to strengthen his position as the national king of the whole people, and to depress legally and without violence the power of the feudal nobility. was, however, ambitious, with the ambition of a man conscious of great and beneficent aims, and he was quite ready to enforce even unduly his personal claims to feudal obedience whenever it served his purpose to do so. His favourite motto, 'Keep troth' (Pactum serva), revealed his sense of the inviolability of a personal engagement given or received, but his legal mind often led him into 1276-1290 NATIONALITY AND FEUDALITY 213 construing in his own favour engagements in which only the letter of the law was on his side, whilst its spirit was against him. It was chiefly in his relations with foreign peoples that he fell into this error, as it was here that he was most strongly tempted to lay stress upon the feudal tie which made for him, and to ignore the importance of a national resistance which made against him. In dealing with Wales, for instance, he sent David to a cruel death, because he had broken the feudal tie which bound him to the king of England, feeling no sympathy with him as standing up for the independence of his own people. 7. The Scottish Succession. 1285-1290. In the earlier part of Edward's reign Alexander III. was king of Scotland. Alexander's ancestors, indeed, had done homage to Edward's ancestors, but in 1189 William the Lion had purchased from Richard I. the abandonment of all the claim to homage for the crown of Scotland which Henry II. had acquired by the treaty of Falaise (see pp. 154, 159). William's successors, however, held lands in England, and had done homage for them to the English kings. Edward would gladly have restored the old practice of homage for Scotland itself, but to this Alexander had never given way. To Edward there was something alluring in the prospect of being lord of the whole island, as it would not only strengthen his own personal position, but would bring two nations into peaceful union. Between the southern part of Scotland, indeed, and the northern part of England there was no great dissimilarity. On both sides of the border the bulk of the population was of the same Anglian stock, whilst, in consequence of the welcome offered by the Scottish kings to persons of Norman descent, the nobility was as completely Norman in Scotland as it was in England, many of the nobles indeed possessing lands on both sides of the border. A prospect of effecting a union by peaceful means offered itself to Edward in 1285, when Alexander III. was killed by a fall from his horse near Kinghorn. Alexander's only descendant was Margaret, a child of his daughter and of King Eric of Norway. In 1290 it was agreed that she should marry the Prince of Wales, but that the two kingdoms should remain absolutely independent of one another. Unfortunately, the Maid of Norway, as the child was called, died on her way to Scotland, and this plan for establishing friendly relations between the two countries came to naught. If it had succeeded three centuries of war and misery might possibly have been avoided. 8. Death of Eleanor of Castile. 1290.-Another death, which happened in the same year, brought sorrow into Edward's domestic life. His wife Eleanor died in November. The corpse was brought for burial from Lincoln to Westminster, and the 1291 CROW A DISPUTED CROWN bereaved husband ordered the erection of a memorial cross at each place where the body rested. 9. The Award of Norham. 1291-1292-Edward, sorrowing as he was, was unable to neglect the affairs of State. On the death of the Maid of Norway there was a large number of claimants to the Scottish crown. The hereditary principle, which had long before been adopted in regard to the succession to landed property, was gradually being adopted in most kingdoms in regard to the succession to the crown There were still, however, differences of opinion as to the manner in which hereditary succession ought to be reckoned, and there were now many claimants, of whom at least three could make out a plausible case. David, Earl of Huntingdon, a brother of William the Lion, had left three daughters. The grandson of the eldest daughter was John Balliol; the son of the second was Robert Bruce; the grandson of the third was John Hastings. Balliol maintained that he ought to succeed as being descended from the eldest : Bruce urged that the son of a younger daughter was nearer to the common ancestor, David, than the grandson of the elder: whilst Hastings asked that Scotland should be divided Effigy of Eleanor of Castile, queen of Edward I., in Westminster Abbey. 215 into three parts-according to a custom which prevailed in feudal estates in which the holder left only daughters-amongst the representatives of David's three daughters.' Every one of these three claimaints was an English baron, and Bruce held large estates in both countries. The only escape from a desolating civil war seemed to be to appeal to Edward's arbitration, and in 1291 Edward summoned the Scots to meet him at Norham. He then demanded as the price of his arbitration the acknowledgment of his position as lord paramount of Scotland, in virtue of which the Scottish king, when he had once been chosen, was to do homage to himself as king of England. Edward, who might fairly have held that, in spite of the abandonment of the treaty of Falaise by Richard, he had a right to the old vague overlordship of earlier kings, appears to have thought it right to take the opportunity of Scotland's weakness to renew the stricter relationship of homage which had been given up by Richard. At all events, the Scottish nobles and clergy accepted his demand, though the commonalty made some objection, the nature of which has not been recorded. Edward then investigated carefully the points at issue, and in 1292 decided in favour of Balliol. If he had been actuated by selfish motives he would certainly have adopted the suggestion of Hastings that Scotland ought to be divided into three kingdoms. 10. Disputes with Scotland and France. 1293—1295.—The new king of Scotland did homage to Edward for his whole kingdom. If Edward could have contented himself with enforcing the ordinary obligations of feudal superiority all might have gone well. Unfortunately for all parties, he attempted to stretch them by insisting in 1293 that appeals from the courts of the king of Scotland should lie 1 Genealogy of the claimants of the Scottish throne :- |