Volume Ii Part 4 (1/2)

Acts as significant announced Edward's purpose of carrying out another side of Henry's policy, that of limiting in the same way the independent jurisdiction of the Church. He was resolute to force it to become thoroughly national by bearing its due part of the common national burthens, and to break its growing dependence upon Rome. But the ecclesiastical body was jealous of its position as a power distinct from the power of the Crown, and Edward's policy had hardly declared itself when in 1279 Archbishop Peckham obtained a canon from the clergy by which copies of the Great Charter, with its provisions in favour of the liberties of the Church, were to be affixed to the doors of churches. The step was meant as a defiant protest against all interference, and it was promptly forbidden.

An order issued by the Primate to the clergy to declare to their flocks the sentences of excommunication directed against all who obtained royal writs to obstruct suits in church courts, or who, whether royal officers or no, neglected to enforce their sentences, was answered in a yet more emphatic way. By falling into the ”dead hand” or ”mortmain” of the Church land ceased to render its feudal services; and in 1279 the Statute ”de Religiosis,” or as it is commonly called ”of Mortmain,” forbade any further alienation of land to religious bodies in such wise that it should cease to render its due service to the king. The restriction was probably no beneficial one to the country at large, for Churchmen were the best landlords, and it was soon evaded by the ingenuity of the clerical lawyers; but it marked the growing jealousy of any attempt to set aside what was national from serving the general need and profit of the nation. Its immediate effect was to stir the clergy to a bitter resentment. But Edward remained firm, and when the bishops proposed to restrict the royal courts from dealing with cases of patronage or causes which touched the chattels of Churchmen he met their proposals by an instant prohibition.

[Sidenote: Conquest of Wales]

The resentment of the clergy had soon the means of showing itself during a new struggle with Wales. The persuasions of his brother David, who had deserted him in the previous war but who deemed his desertion insufficiently rewarded by an English lords.h.i.+p, roused Llewelyn to a fresh revolt. A prophecy of Merlin was said to promise that when English money became round a Prince of Wales should be crowned in London; and at this moment a new coinage of copper money, coupled with a prohibition to break the silver penny into halves and quarters, as had been commonly done, was supposed to fulfil the prediction. In 1282 Edward marched in overpowering strength into the heart of Wales. But Llewelyn held out in Snowdon with the stubbornness of despair, and the rout of an English force which had crossed into Anglesea prolonged the contest into the winter. The cost of the war fell on the king's treasury. Edward had called for but one general grant through the past eight years of his reign; but he was now forced to appeal to his people, and by an expedient hitherto without precedent two provincial Councils were called for this purpose. That for Southern England met at Northampton, that for Northern at York; and clergy and laity were summoned, though in separate session, to both. Two knights came from every s.h.i.+re, two burgesses from every borough, while the bishops brought their archdeacons, abbots, and the proctors of their cathedral clergy. The grant of the laity was quick and liberal. But both at York and Northampton the clergy showed their grudge at Edward's measures by long delays in supplying his treasury. Pinched however as were his resources and terrible as were the sufferings of his army through the winter Edward's firmness remained unbroken; and rejecting all suggestions of retreat he issued orders for the formation of a new army at Caermarthen to complete the circle of investment round Llewelyn. But the war came suddenly to an end. The Prince sallied from his mountain hold for a raid upon Radnors.h.i.+re and fell in a petty skirmish on the banks of the Wye. With him died the independence of his race. After six months of flight his brother David was made prisoner; and a Parliament summoned at Shrewsbury in the autumn of 1283, to which each county again sent its two knights and twenty boroughs their two burgesses, sentenced him to a traitor's death. The submission of the lesser chieftains soon followed: and the country was secured by the building of strong castles at Conway and Caernarvon, and the settlement of English barons on the confiscated soil. The Statute of Wales which Edward promulgated at Rhuddlan in 1284 proposed to introduce English law and the English administration of justice and government into Wales. But little came of the attempt; and it was not till the time of Henry the Eighth that the country was actually incorporated with England and represented in the English Parliament. What Edward had really done was to break the Welsh resistance.

The policy with which he followed up his victory (for the ”ma.s.sacre of the bards” is a mere fable) accomplished its end, and though two later rebellions and a ceaseless strife of the natives with the English towns in their midst showed that the country was still far from being reconciled to its conquest, it ceased to be any serious danger to England for a hundred years.

[Sidenote: New Legislation]

From the work of conquest Edward again turned to the work of legislation.

In the midst of his struggle with Wales he had shown his care for the commercial cla.s.ses by a Statute of Merchants in 1283, which provided for the registration of the debts of leaders and for their recovery by distraint of the debtor's goods and the imprisonment of his person. The close of the war saw two measures of even greater importance. The second Statute of Westminster which appeared in 1285 is a code of the same sort as the first, amending the Statutes of Mortmain, of Merton, and of Gloucester, as well as the laws of dower and advowson, remodelling the system of justices of a.s.size, and curbing the abuses of manorial jurisdiction. In the same year appeared the greatest of Edward's measures for the enforcement of public order. The Statute of Winchester revived and reorganized the old inst.i.tutions of national police and national defence. It regulated the action of the hundred, the duty of watch and ward, and the gathering of the fyrd or militia of the realm as Henry the Second had moulded it into form in his a.s.size of Arms. Every man was bound to hold himself in readiness, duly armed, for the king's service in case of invasion or revolt, and to pursue felons when hue and cry was made after them. Every district was held responsible for crimes committed within its bounds; the gates of each town were to be shut at nightfall; and all strangers were required to give an account of themselves to the magistrates of any borough which they entered.

By a provision which ill.u.s.trates at once the social and physical condition of the country at the time all brushwood was ordered to be destroyed within a s.p.a.ce of two hundred feet on either side of the public highway as a security for travellers against sudden attacks from robbers. To enforce the observance of this act knights were appointed in every s.h.i.+re under the name of Conservators of the Peace, a name which as the benefit of these local magistrates was more sensibly felt and their powers were more largely extended was changed into that which they still retain of Justices of the Peace. So orderly however was the realm that Edward was able in 1286 to pa.s.s over sea to his foreign dominions, and to spend the next three years in reforming their government. But the want of his guiding hand was at last felt; and the Parliament of 1289 refused a new tax till the king came home again.

[Sidenote: ”Quia Emptores”]

He returned to find the Earls of Gloucester and Hereford at war, and his judges charged with violence and corruption. The two Earls were brought to peace, and Earl Gilbert allied closely to the royal house by a marriage with the king's daughter Johanna. After a careful investigation the judicial abuses were recognized and amended. Two of the chief justices were banished from the realm and their colleagues imprisoned and fined. But these administrative measures were only preludes to a great legislative act which appeared in 1290. The Third Statute of Westminster, or, to use the name by which it is more commonly known, the Statute ”Quia Emptores,” is one of those legislative efforts which mark the progress of a wide social revolution in the country at large. The number of the greater barons was diminis.h.i.+ng every day, while the number of the country gentry and of the more substantial yeomanry was increasing with the increase of the national wealth. The increase showed itself in a growing desire to become proprietors of land. Tenants of the barons received under-tenants on condition of their rendering them similar services to those which they themselves rendered to their lords; and the baronage, while duly receiving the services in compensation for which they had originally granted their lands in fee, saw with jealousy the feudal profits of these new under-tenants, the profits of wards.h.i.+ps or of reliefs and the like, in a word the whole increase in the value of the estate consequent on its subdivision and higher cultivation, pa.s.sing into other hands than their own. The purpose of the statute ”Quia Emptores” was to check this process by providing that in any case of alienation the sub-tenant should henceforth hold, not of the tenant, but directly of the superior lord. But its result was to promote instead of hindering the transfer and subdivision of land. The tenant who was compelled before the pa.s.sing of the statute to retain in any case so much of the estate as enabled him to discharge his feudal services to the overlord of whom he held it, was now enabled by a process a.n.a.logous to the modern sale of ”tenant-right,” to transfer both land and services to new holders. However small the estates thus created might be, the bulk were held directly of the Crown; and this cla.s.s of lesser gentry and freeholders grew steadily from this time in numbers and importance.

[Sidenote: The Crown and the Jews]

The year which saw ”Quia Emptores” saw a step which remains the great blot upon Edward's reign. The work abroad had exhausted the royal treasury, and he bought a grant from his Parliament by listening to their wishes in the matter of the Jews. Jewish traders had followed William the Conqueror from Normandy, and had been enabled by his protection to establish themselves in separate quarters or ”Jewries” in all larger English towns. The Jew had no right or citizens.h.i.+p in the land. The Jewry in which he lived was exempt from the common law. He was simply the king's chattel, and his life and goods were at the king's mercy. But he was too valuable a possession to be lightly thrown away. If the Jewish merchant had no standing-ground in the local court the king enabled him to sue before a special justiciary; his bonds were deposited for safety in a chamber of the royal palace at Westminster; he was protected against the popular hatred in the free exercise of his religion and allowed to build synagogues and to manage his own ecclesiastical affairs by means of a chief rabbi. The royal protection was dictated by no spirit of tolerance or mercy. To the kings the Jew was a mere engine of finance. The wealth which he acc.u.mulated was wrung from him whenever the crown had need, and torture and imprisonment were resorted to when milder means failed. It was the gold of the Jew that filled the royal treasury at the outbreak of war or of revolt. It was in the Hebrew coffers that the foreign kings found strength, to hold their baronage at bay.

[Sidenote: Popular Hatred of the Jews]

That the presence of the Jew was, at least in the earlier years of his settlement, beneficial to the nation at large there can be little doubt.

His arrival was the arrival of a capitalist; and heavy as was the usury he necessarily exacted in the general insecurity of the time his loans gave an impulse to industry. The century which followed the Conquest witnessed an outburst of architectural energy which covered the land with castles and cathedrals; but castle and cathedral alike owed their erection to the loans of the Jew. His own example gave a new vigour to domestic architecture. The buildings which, as at Lincoln and Bury St. Edmund's, still retain their name of ”Jews' Houses” were almost the first houses of stone which superseded the mere hovels of the English burghers. Nor was their influence simply industrial. Through their connexion with the Jewish schools in Spain and the East they opened a way for the revival of physical sciences. A Jewish medical school seems to have existed at Oxford; Roger Bacon himself studied under English rabbis. But the general progress of civilization now drew little help from the Jew, while the coming of the Cahorsine and Italian bankers drove him from the field of commercial finance. He fell back on the petty usury of loans to the poor, a trade necessarily accompanied with much of extortion and which roused into fiercer life the religious hatred against their race. Wild stories floated about of children carried off to be circ.u.mcised or crucified, and a Lincoln boy who was found slain in a Jewish house was canonized by popular reverence as ”St. Hugh.”

The first work of the Friars was to settle in the Jewish quarters and attempt their conversion, but the popular fury rose too fast for these gentler means of reconciliation. When the Franciscans saved seventy Jews from hanging by their prayer to Henry the Third the populace angrily refused the brethren alms.

[Sidenote: The Jewish Defiance]

But all this growing hate was met with a bold defiance. The picture which is commonly drawn of the Jew as timid, silent, crouching under oppression, however truly it may represent the general position of his race throughout mediaeval Europe, is far from being borne out by historical fact on this side the Channel. In England the att.i.tude of the Jew, almost to the very end, was an att.i.tude of proud and even insolent defiance. He knew that the royal policy exempted him from the common taxation, the common justice, the common obligations of Englishmen. Usurer, extortioner as the realm held him to be, the royal justice would secure him the repayment of his bonds. A royal commission visited with heavy penalties any outbreak of violence against the king's ”chattels.” The Red King actually forbade the conversion of a Jew to the Christian faith; it was a poor exchange, he said, that would rid him of a valuable property and give him only a subject. We see in such a case as that of Oxford the insolence that grew out of this consciousness of the royal protection. Here as elsewhere the Jewry was a town within a town, with its own language, its own religion and law, its peculiar commerce, its peculiar dress. No city bailiff could penetrate into the square of little alleys which lay behind the present Town Hall; the Church itself was powerless to prevent a synagogue from rising in haughty rivalry over against the cloister of St. Frideswide. Prior Philip of St.

Frideswide complains bitterly of a certain Hebrew who stood at his door as the procession of the saint pa.s.sed by, mocking at the miracles which were said to be wrought at her shrine. Halting and then walking firmly on his feet, showing his hands clenched as if with palsy and then flinging open his fingers, the Jew claimed gifts and oblations from the crowd that flocked to St. Frideswide's shrine on the ground that such recoveries of life and limb were quite as real as any that Frideswide ever wrought.

Sickness and death in the prior's story avenge the saint on her blasphemer, but no earthly power, ecclesiastical or civil, seems to have ventured to deal with him. A more daring act of fanaticism showed the temper of the Jews even at the close of Henry the Third's reign. As the usual procession of scholars and citizens returned from St. Frideswide's on the Ascension Day of 1268 a Jew suddenly burst from a group of his comrades in front of the synagogue, and wrenching the crucifix from its bearer trod it under foot. But even in presence of such an outrage as this the terror of the Crown sheltered the Oxford Jews from any burst of popular vengeance. The sentence of the king condemned them to set up a cross of marble on the spot where the crime was committed, but even this sentence was in part remitted, and a less offensive place was found for the cross in an open plot by Merton College.

[Sidenote: Expulsion of the Jews]

Up to Edward's day indeed the royal protection had never wavered. Henry the Second granted the Jews a right of burial outside every city where they dwelt. Richard punished heavily a ma.s.sacre of the Jews at York, and organized a mixed court of Jews and Christians for the registration of their contracts. John suffered none to plunder them save himself, though he once wrested from them a sum equal to a year's revenue of his realm. The troubles of the next reign brought in a harvest greater than even the royal greed could reap; the Jews grew wealthy enough to acquire estates; and only a burst of popular feeling prevented a legal decision which would have enabled them to own freeholds. But the sack of Jewry after Jewry showed the popular hatred during the Barons' war, and at its close fell on the Jews the more terrible persecution of the law. To the cry against usury and the religious fanaticism which threatened them was now added the jealousy with which the nation that had grown up round the Charter regarded all exceptional jurisdictions or exemptions from the common law and the common burthens of the realm. As Edward looked on the privileges of the Church or the baronage, so his people looked on the privileges of the Jews. The growing weight of the Parliament told against them. Statute after statute hemmed them in. They were forbidden to hold real property, to employ Christian servants, to move through the streets without the two white tablets of wool on their b.r.e.a.s.t.s which distinguished their race. They were prohibited from building new synagogues or eating with Christians or acting as physicians to them. Their trade, already crippled by the rivalry of the bankers of Cahors, was annihilated by a royal order which bade them renounce usury under pain of death. At last persecution could do no more, and Edward, eager at the moment to find supplies for his treasury and himself swayed by the fanaticism of his subjects, bought the grant of a fifteenth from clergy and laity by consenting to drive the Jews from his realm. No share of the enormities which accompanied this expulsion can fall upon the king, for he not only suffered the fugitives to take their personal wealth with them but punished with the halter those who plundered them at sea. But the expulsion was none the less cruel. Of the sixteen thousand who preferred exile to apostasy few reached the sh.o.r.es of France.

Many were wrecked, others robbed and flung overboard. One s.h.i.+pmaster turned out a crew of wealthy merchants on to a sandbank and bade them call a new Moses to save them from the sea.

[Ill.u.s.tration: Scotland in 1290 (v2-map-1t.jpg)]

[Sidenote: Scotland]