Edward with Gaveston withdrew sullenly to the North. A triumph in Scotland would have given him strength to baffle the Ordainers, but he had little of his father's military skill, the wasted country made it hard to keep an army together, and after a fruitless campaign he fell back to his southern realm to meet the Parliament of 1311 and the "Ordinances" which the twenty-one laid before it. By this long and important statute Gaveston was banished, other advisers were driven from the Council, and the Florentine bankers whose loans had enabled Edward to hold the baronage at bay sent out of the realm. The customs duties imposed by Edward the First were declared to be illegal. Its administrative provisions showed the relations which the barons sought to establish between the new Parliament and the Crown. Parliaments were to be called every year, and in these assemblies the king's servants were to be brought, if need were, to justice. The great officers of state were to be appointed with the counsel and consent of the baronage, and to be sworn in Parliament. The same consent of the barons in Parliament was to be needful ere the king could declare war or absent himself from the realm. As the Ordinances show, the baronage still looked on Parliament rather as a political organization of the nobles than as a gathering of the three Estates of the realm. The lower clergy pass unnoticed; the Commons are regarded as mere taxpayers whose part was still confined to the presentation of petitions of grievances and the grant of money. But even in this imperfect fashion the Parliament was a real representation of the country. The barons no longer depended for their force on the rise of some active leader, or gathered in exceptional assemblies to wrest reforms from the Crown by threat of war. Their action was made regular and legal. Even if the Commons took little part in forming decisions, their force when formed hung on the assent of the knights and burgesses to them; and the grant which alone could purchase from the Crown the concessions which the Baronage demanded lay absolutely within the control of the Third Estate. It was this which made the king's struggles so fruitless. He assented to the Ordinances, and then withdrawing to the North recalled Gaveston and annulled them. But Winchelsey excommunicated the favourite, and the barons, gathering in arms, besieged him in Scarborough. His surrender in May 1312 ended the strife. The "Black Dog" of Warwick had sworn that the favourite should feel his teeth; and Gaveston flung himself in vain at the feet of the Earl of Lancaster, praying for pity "from his gentle lord." In defiance of the terms of his capitulation he was beheaded on Blacklow Hill. [Sidenote: Bannockburn]