The History of England in Three Volumes, Vol. I., Part B.: From Henry III. to Richard III. — David Hume — John Shaqi
The History of England in Three Volumes, Vol. I., Part B.: From Henry III. to Richard III.
David Hume · en
* Rymer, vol. iii. p., 167.
** Brady’s App. No. 50. Heming. vol. i. p. 247., Walsing. p.
97.,Ryley, p. 526.
The barons, in return signed a declaration, in which they acknowledged
that they owed these concessions merely to the king’s free grace;
promised that this commission should never be drawn into precedent;
and engaged that the power of the ordainers should expire at the time
appointed.[*]
{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
Gavaston himself was forever 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 by 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 vested 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.[**]
* Brady’s App. No. 51.
** Ryley’s Placit. Parl. p. 530, 541.
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.