1311.] The chosen junto accordingly framed their ordinances, and presented them to the king and parliament for their confirmation in the ensuing year. Some of these ordinances were laudable, and tended to the regular execution of justice: such as those, requiring sheriffs to be men of property, abolishing the practice of issuing privy seals for the suspension of justice, restraining the practice of purveyance, prohibiting the adulteration and alteration of the coin, excluding foreigners from the farms of the revenue, ordering all payments to be regularly made into the exchequer, revoking all late grants of the crown, and giving the parties damages in the case of vexatious prosecutions. But what chiefly grieved the king, was the ordinance for the removal of evil counsellors, by which a great number of persons were by name excluded from every office of power and profit; and Piers Gaveston himself was for ever banished the king's dominions, under the penalty, in case of disobedience, of being declared a public enemy. Other persons, more agreeable to the barons, were substituted in all the offices. And it was ordained, that for the future all the considerable dignities in the household, as well as in the law, revenue, and military governments, should be appointed by the baronage in parliament; and the power of making war, or assembling his military tenants, should no longer be invested solely in the king, nor be exercised without the consent of the nobility.

Edward, from the same weakness both in his temper and situation, which had engaged him to grant this unlimited commission to the barons, was led to give a parliamentary sanction to their ordinances: but as a consequence of the same character, he secretly made a protest against them, and declared that since the commission was granted only for the making of ordinances to the advantage of king and

kingdom, such articles as should be found prejudicial to both, were to be held as not ratified and confirmed 15. It is no wonder, indeed, that he retained a firm purpose to revoke ordinances which had been imposed on him by violence, which entirely annihilated the royal authority, and above all, which deprived him of the company and society of a person whom, by an unusual infatuation, he valued above all the world, and above every consideration of interest or tranquillity.

As soon, therefore, as Edward, removing to York, had freed himself from the immediate terror of the barons' power, he invited back Gaveston from Flanders, which that favourite had made the place of his retreat; and declaring his banishment to be illegal, and contrary to the laws and customs of the kingdom 16, openly reinstated him in his former credit and authority. [1312.] The barons, highly provoked at this disappointment, and apprehensive of danger to themselves, from the declared animosity of so powerful a minion, saw that either his or their ruin was now inevitable; and they renewed, with redoubled zeal, their former confederacy against him. The earl of Lancaster was a dangerous head of this alliance: Guy earl of Warwick, entered into it_with_a_furious and precipitate passion: Humphrey Bohun earl of Hereford, the constable, and Aymer de Valence earl of Pembroke, brought to it a great accession of power and interest: even earl Warrenne deserted the royal cause, which he had hitherto supported, and was reduced to embrace the side of the confederates 17. And as Robert de Winchelsey, archbishop of Canterbury, professed himself of the same party, he determined the body of the clergy, and consequently the people, to declare 15 Ryley's Placit. Parl. p. 530. 541.

16 Brady's App. No. 53. Walsing. p. 98,
17 Trivet, cont. p. 4.

against the king and his minion. So predominant at that time was the power of the great nobility, that the combination of a few of them was always able to shake the throne; and such a universal concurrence became irresistible. The earl of Lancaster suddenly raised an army, and marched to York, where he found the king already removed to Newcastle 18. He fled thither in pursuit of him: and Edward had just time to escape to Tinmouth, where he embarked, and sailed with Gaveston to Scar borough. He left his favourite in that fortress, which, had it been properly supplied with provisions, was deemed impregnable; and he marched forward to York, in hopes of raising an army, which might be able to support him against his enemies. Pembroke was sent by the confederates to besiege the castle of Scarborough; and Gaveston, sensible of the bad condition of his garrison, was obliged to capitulate, and to surrender himself prisoner19. [19th May.] He stipulated that he should remain in Pembroke's hands for two months; that endeavours should, during that time, be mutually used for a general accommodation; that if the terms proposed by the barons were not accepted, the castle should be restored to him in the same condition as when he surrendered it; and that the earl of Pembroke and Henry Percy should, by contract, pledge all their lands for the fulfilling of these conditions 20. Pembroke, now master of the person of this public enemy, conducted him to the castle of Deddington, near Banbury; where, on pretence of other business, he left him protected by a feeble guard". Warwick, probably in concert with Pembroke, attacked the castle: the garrison refused to make any resistance: Gaveston was yielded up to him, and conducted to Warwick castle: the earls of Lancaster, Hereford, 18 Walsing. p. 101. 19 Ibid. 20 Rymer, vol. ii. p. 324,

21 T. de la More, p. 593.

and Arundel, immediately repaired thither: [Ist July] and without any regard either to the laws or the military capitulation, they ordered the head of the obnoxious favourite to be struck off by the hands of the executioner.

The king had retired northward to Berwick when he heard of Gaveston's murder; and his resentment was proportionate to the affection which he had ever borne him while living. He threatened vengeance on all the nobility who had been active in that bloody scene; and he made preparations for war in all parts of England. But being less constant in his enmities than in his friendships, he soon after hearkened to terms of accommodation, granted the barons a pardon of all offences; and as they stipulated to ask him publicly pardon on their knees, he was so pleased with these vain appearances of submission, that he seemed to have sincerely forgiven them all past injuries. But as they still pretended, notwithstanding their lawless conduct, a great anxiety for the maintenance of law, and required the establishment of their former ordinances as a necessary security for that purpose, Edward told them, that he was willing to give them a free and legal confirmation of such of those ordinances as were not entirely derogatory to the prerogative of the crown. This answer was received, for the present, as satisfactory. The king's person, after the death of Gaveston, was now become less obnoxious to the public; and as the ordinances insisted on appeared to be nearly the same with those which had formerly been extorted from Henry III. by Montfort, and which had been attended with so many fatal consequences, they were, on that account, 22 Dugd. Baron. vol. ii. p. 44.

23 Walsing. p. 101. T. de la More, p. 593. Trivet, cont P. 9.

24 Ryley, p. 538. Rymer, vol. iii. p. 366.

demanded with less vehemence by the nobility and people. The minds of all men seemed to be much appeased: the animosities of faction no longer prevailed and England, now united under its head, would henceforth be able, it was hoped, to take vengeance on all its enemies: particularly on the Scots, whose progress was the object of general resentment and indignation.

Immediately after Edward's retreat from Scotland, Robert Bruce left his fastnesses, in which he intended to have sheltered his feeble army; and supplying his defect of strength by superior vigour and abilities, he made deep impression on all his enemies, foreign and domestic. He chased lord Argyle, and the chieftain of the Macdowals, from their hills, and made himself entirely master of the high country: he thence invaded, with success, the Cummins in the low countries of the north: he took the castles of Inverness, Forfar, and Brechin. He daily gained some new accessions of territory; and what was a more important acquisition, he daily reconciled the minds of the nobility to his dominion, and inlisted under his standard every bold leader, whom he enriched by the spoils of his enemies. Sir James Douglas, in whom commenced the greatness and renown of that warlike family, seconded him in all his enterprises: Edward Bruce, Robert's own brother, distinguished himself by acts of valour: and the terror of the English power being now abated by the feeble conduct of the king, even the least sanguine of the Scots began to entertain hopes of recovering their independence; and the whole kingdom, except a few fortresses, which he had not the means to attack, had acknowledged the authority of Robert.

In this situation, Edward had found it necessary to grant a truce to Scotland; and Robert successfully employed the interval in consolidating his power,