Little did Edward reck of this decree. He knew that Boniface VIII. had his hands full of his quarrels with the Romans and with Philippe le Bel, and his own ambition was fast searing the conscience once so generous and tender. Again he convened the clergy to grant his exactions, but Archbishop Winchelsea replied that they had two lords, spiritual and temporal; they owed the superior obedience to the spiritual lord, and would therefore grant nothing till the Pope should have ratified the demand; for which purpose they would send messengers to Rome.
The lay barons backed Edward in making a declaration of outlawry against the clergy, and seizing all the ecclesiastical property, both lands and treasures, except what was within churches or burying-grounds, declaring that, if not redeemed by submission before Easter, all should be forfeited forever. The Archbishop of York came to terms; but the Archbishop of Canterbury held out, and was deprived of everything, retiring to a country village, where he acted as parish priest, and lived upon the alms of the parishioners. He held a synod, where excommunication was denounced on those who seized church property; but the censures of the Church had lost their terrors, and the clergy gradually made their peace with the King, Winchelsea himself among the last.
The laity had looked on quietly at the oppression of the clergy, and indeed had borne their share of exactions; but these came at last to a point beyond endurance, and Edward's need, and their obstinate resistance, led to another step in the formation of our constitution.
In 1297 he made a new alliance with Guy of Flanders, and was fitting out three armies, against Scotland, Guienne, and Flanders. To raise the means, he exacted five marks as a duty on each sack of wool exported to Flanders, and made ruinous requisitions for wheat on the landowners. Merchants and burghers, barons and clergy, took counsel together, and finding each other all of one mind, resolved to make a stand against this tax on wool, which was called the "Evil Toll," and to establish what Magna Carta had already declared, that the nation would not be taxed against its own consent.
The King's brother, Edmund of Lancaster, had lately died while commanding in Guienne, and Edward, meeting his vassals at Salisbury, gave the command of the army, thus left without a head, to Humphrey Bohun, Earl of Hereford, and Roger Bigod, Earl of Norfolk-the one Constable, the other Marshal of England. To his great wrath, they answered that their offices only bound them to attend the King's person in war, and that they would not go. Edward swore a fierce oath that they should either go, or hang. Bigod coolly repeated the same oath, that he would neither go nor hang, and back to their own estates they went, and after them thirty bannerets, and 1,500 knights, who, by main force, hindered the King's officers from making any further levies on their barns and storehouses.
Nothing was left Edward, but to speak them fair. He summoned his vassals to meet him in London, reconciled himself to Archbishop Winchelsea, and on the 14th of July, 1297, when all were assembled at Westminster, he stood forth on a platform, attended by his son, the Primate, and the Earl of Warwick, and harangued the people. He told them that he grieved at the burthens which he was forced to impose on them, but it was for their defence; for that the Scots, Welsh, and French thirsted for their blood, and it was better to lose a part, than the whole. "I am going to risk my life for your sake," he said. "If I return, receive me; and I will make you amends. If I fall, here is my son: he will reward you, if faithful."
His voice was broken by tears; and his people, remembering what he once had been rather than what he was now, broke into loud shouts of loyal affection. He appointed his son as regent, and set out for Flanders, but not in time to prevent poor Guy from again falling into captivity, and pursued by requisitions, to which he promised to attend on his return. All the nobles who held with him accompanied him, and Bohun and Bigod were left to act in their own way.
They rode to London with a large train, lodged complaints of the illegal exaction before the Exchequer, and then, going to the Guildhall, worked up the citizens to be ready to assert their rights, and compel the King to revoke the evil toll, and to observe the charter. They had scrupulously kept within the law, and, though accompanied by so many armed followers, neither murder nor pillage was permitted; and thus they obtained the sympathies of the whole country.
Young Edward of Caernarvon was but thirteen, and could only submit; and a Parliament was convoked by his authority, when the present taxes were repealed, the important clause was added to the Great Charter which declared that no talliage or aid should thenceforth be levied without the consent of the bishops, peers, burgesses, and freemen of the realm, nor should any goods be taken for the King without consent of the owners.
Further, it was enacted that Magna Charta should be rehearsed twice a year in all the cathedrals, with a sentence of excommunication on all who should infringe it. The Archbishop enforced this order strictly, adding another sentence of excommunication to be rehearsed in each church on every Sunday against any who should beat or imprison clergymen, desiring it to be done with tolling of bell and putting out of candle, because these solemnities had the greater effect on the laity. This statute is a sad proof how much too cheaply sacred things were held, and how habit was leading even the clergy to debase them by over-frequent and frivolous use of the most awful emblems.
Young Edward and his council signed the acts, and they were sent to the King for ratification, with a promise that his barons would thereupon join him in Flanders, or march to Scotland, at his pleasure. He was three days in coming to his resolution, but finally agreed, though it was suspected that he might set aside his signature as invalid, because made in a foreign country.
Wallace's proceedings in Scotland made Edward anxious to hasten thither and rid himself of the French war. He therefore accepted the mediation of Boniface VIII., and consented to sacrifice his unfortunate ally, Guy of Flanders, whom he left in his captivity, as well as his poor young daughter. Both died in the prison to which the daughter had been consigned at twelve years old. The Prince of Wales, for whose sake her bloom wasted in prison, was contracted to Isabelle, the daughter of her persecutor, Philippe le Bel; and old King Edward himself received the hand of the Princess Marguerite, now about seventeen, fair and good. Aquitaine was restored, though not Gascony; but Edward only wanted to be free, that he might hasten to Scotland. And, curiously enough, the outlaw Wallace, whatever he did for his own land, unconsciously fought the battles of his foes, the English nation; for it was his resistance that weakened Edward's power, and made necessity extort compliance with the demands of the Barons.
At York, Bigod and Bohun claimed a formal ratification of the charter of Westminster. He put them off by pleading the urgency of affairs in Scotland, and hastened on; but when he returned, in 1299, the staunch Barons again beset him, and he confirmed the charter, but added the phrase, "Saving the rights of the Crown," which annulled the whole force of the decree. The two barons instantly went off in high displeasure, with a large number of their friends; and Edward, to try the temper of the people, ordered the charter to be rehearsed at St. Paul's Cross; but when the rights of the Crown were mentioned, such a storm of hootings and curses arose, that Edward, taught by the storms of his youth not to push matters to extremity, summoned a new parliament, and granted the right of his subjects to tax themselves.
This right has often since been proved to be the main strength of the Parliament, by preventing the King from acting against their opinion, and by rendering it the interest of all classes of men to attend to the proceedings of the sovereign: it has not only kept kings in check, but it has saved the nobles and commonalty from sinking into that indifference to public affairs which has been the bane of foreign nations. For, unfortunately, the mass of men are more easily kept on the alert when wealth is affected, than by any deeper or higher consideration.