XII. 1216. CHAP. to us the most momentous in the whole charter of John, it was not regarded in that light by the ancient barons, who were more jealous in guarding against particular acts of violence in the crown, than against such general impositions, which, unless they were evidently reasonable and necessary, could scarcely, without general consent, be levied upon men who had arms in their hands, and who could repel any act of oppression, by which they were all immediately affected. We accordingly find that Henry, in the course of his reign, while he gave frequent occasions for complaint, with regard to his violations of the Great Charter, never attempted, by his mere will, to levy any aids or scutages; though he was often reduced to great necessities, and was refused supply by his people. So much easier was it for him to transgress the law, when individuals alone were affected, than even to exert his acknowledged prerogatives, where the interest of the whole body was concerned. THIS charter was again confirmed by the king in the ensuing year, with the addition of some articles, to prevent the oppressions by sheriffs: And also with an additional charter of forests, a circumstance of great moment in those ages, when hunting was so much the occupation of the nobility, and when the king comprehended so considerable a part of the kingdom within his forests, which he governed by peculiar and arbitrary laws. All the forests, which had been enclosed since the reign of Henry II. were disaforested; and new perambulations were appointed for that purpose: Offences in the forests were declared to be no longer capital; but punishable by fine, imprisonment, and more gentle penalties: And all the proprietors of land recovered the power of cutting and using their own wood at their pleasure. THUS these famous charters were brought nearly to the shape in which they have ever since stood; and they were, during many generations, the peculiar favourites of the English nation, and esteemed the most sacred rampart to national liberty and independence. As they secured the rights of all orders of men, they were anxiously defended by all, and became the basis, in a manner, of the English monarchy, and a kind of original XII. 1216. contract, which both limited the authority of the king, CHAP. and ensured the conditional allegiance of his subjects. Though often violated, they were still claimed by the nobility and people; and as no precedents were supposed valid that infringed them, they rather acquired than lost authority, from the frequent attempts made against them in several ages by regal and arbitrary power. WHILE Pembroke, by renewing and confirming the Great Charter, gave so much satisfaction and security to the nation in general, he also applied himself successfully to individuals: He wrote letters, in the king's name, to all the malcontent barons; in which he represented to them, that whatever jealousy and animosity they might have entertained against the late king, a young prince, the lineal heir of their ancient monarchs, had now succeeded to the throne, without succeeding either to the resentments or principles of his predecessor: That the desperate expedient, which they had employed, of calling in a foreign potentate, had, happily for them, as well as for the nation, failed of entire success; and it was still in their power, by a speedy return to their duty, to restore the independence of the kingdom, and to secure that liberty, for which they so zealously contended: That as all past offences of the barons were now buried in oblivion, they ought, on their part, to forget their complaints against their late sovereign, who, if he had been anywise blameable in his conduct, had left to his son the salutary warning, to avoid the paths which had led to such fatal extremities: And that having now obtained a charter for their liberties, it was their interest to show, by their conduct, that this acquisition was not incompatible with their allegiance, and that the rights of king and people, so far from being hostile and opposite, might mutually support and sustain each other." THESE Considerations, enforced by the character of honour and constancy, which Pembroke had ever maintained, had a mighty influence on the barons; and most of them began secretly to negotiate with him, and many of them openly returned to their duty. The diffidence 42 XII 1216. CHAP. which Lewis discovered of their fidelity, forwarded this general propension towards the king; and when the French prince refused the government of the castle of Hertford to Robert Fitz-Walter, who had been so active against the late king, and who claimed that fortress as his property, they plainly saw that the English were excluded from every trust, and that foreigners had engrossed all the confidence and affection of their new sovereign. The excommunication, too, denounced by the legate against all the adherents of Lewis, failed not, in the turn which men's dispositions had taken, to produce a mighty effect upon them; and they were easily persuaded to consider a cause as impious, for which they had already entertained an unsurmountable aversion. Though Lewis made a journey to France, and brought over succours from that kingdom, he found on his return, that his party was still more weakened by the desertion of his English confederates, and that the death of John had, contrary to his expectations, given an incurable wound to his cause. The earls of Salisbury, Arundel, and Warrenne, together with William Mareshal, eldest son of the protector, had embraced Henry's party; and every English nobleman was plainly watching for an opportunity of returning to his allegiance. Pembroke was so much strengthened by these accessions, that he ventured to invest Mountsorel; though, upon the approach of the count of Perche with the French army, he desisted from his enterprise, and raised the siege." The court, elated with this success, marched to Lincoln; and being admitted into the town, he began to attack the castle, which he soon reduced to extremity. The protector summoned all his forces from every quarter, in order to relieve a place of such importance; and he appeared so much superior to the French, that they shut themselves up within the city, and resolved to act upon the defensive." But the gar rison of the castle, having received a strong reinforcement, made a vigorous sally upon the besiegers; while the English army, by concert, assaulted them in the same s Ibid. p. 200. M. West, p. 277. M. Paris, p. 200. 202. XII. 1216. instant, from without, mounted the walls by scalade, and CHAP. bearing down all resistance, entered the city sword in hand. Lincoln was delivered over to be pillaged; the French army was totally routed; the count of Perche, with only two persons more, was killed; but many of the chief commanders, and about 400 knights, were made prisoners by the English. So little blood was shed in this important action, which decided the fate of one of the most powerful kingdoms in Europe; and such wretched soldiers were those ancient barons, who yet were unacquainted with every thing but arms! X PRINCE Lewis was informed of this fatal event while employed in the siege of Dover, which was still valiantly defended against him by Hubert de Burgh. He immediately retreated to London, the centre and life of his party; and he there received intelligence of a new disA French fleet aster, which put an end to all his hopes. bringing over a strong reinforcement, had appeared on the coast of Kent, where they were attacked by the English under the command of Philip d'Albiney, and were routed with considerable loss. D'Albiney employed a stratagem against them, which is said to have contributed to the victory; Having gained the wind of the French, he came down upon them with violence; and throwing in their faces a great quantity of quick-lime which he purposely carried on board, he so blinded them, that they were disabled from defending themselves." AFTER this second misfortune of the French, the English barons hastened every where to make peace with the protector, and, by an early submission, to prevent those attainders to which they were exposed on account of their rebellion. Lewis whose cause was now totally desperate, began to be anxious for the safety of his person, and was glad, on any honourable conditions, to make his escape from a country where he found every thing He concluded a peace was now become hostile to him. with Pembroke, promised to evacuate the kingdom, and only stipulated, in return, an indemnity to his adherents, x M. Paris, p. 204, 205. Chron de Mailr. p. 195. 169. M. West, p. 277. Knyghton, p. 2428. W. Heming. p. 563. Trivet, p. 44 XII. CHAP. and a restitution of their honours and fortunes, together with the free and equal enjoyment of those liberties which had been granted to the rest of the nation." Thus was happily ended a civil war, which seemed to be founded on the most incurable hatred and jealousy, and had threatened the kingdom with the most fatal consequences. 1216. General pacification, THE precautions which the king of France used in the conduct of this whole affair are remarkable. He pretended that his son had accepted of the offer from the English barons without his advice, and contrary to his inclination: The armies sent to England were levied in Lewis's name: When that prince came over to France for aid, his father publicly refused to grant him any assistance, and would not so much as admit him to his presence: Even after Henry's party acquired the ascendant, and Lewis was in danger of falling into the hands of his enemies, it was Blanche of Castile his wife, not the king his father, who raised armies and equipped fleets for his succour. All these artifices were employed, not to satisfy the pope, for he had too much penetration to be so easily imposed on: Nor yet to deceive the people; for they were too gross even for that purpose: They only served for a colouring to Philip's cause; and in public affairs, men are often better pleased that the truth, though known to every body, should be wrapped up under a decent cover, than if it were exposed in open daylight to the eyes of all the world. AFTER the expulsion of the French, the prudence and equity of the protector's subsequent conduct contributed to cure entirely those wounds which had been made by intestine discord. He received the rebellious barons into favour; observed strictly the terms of peace which he had granted them; restored them to their possessions; and endeavoured, by an equal behaviour, to bury all past animosities in perpetual oblivion. The clergy alone, who had adhered to Lewis, were sufferers in this revolution. As they had rebelled against their spiritual sovereign, by disregarding the interdict and excommunication, it was z Rymer, vol. i. p. 221. M. Paris, p. 207. Chron. Dunst. vol. i. p. 83. M West, p. 978. Knyghton, p. 2429. a M, Paris, p. 256. Chron. Dunst. vol. i. p. 82. |