62. As for all those of our subjects who will not, of their

own accord, swear to join the five-and-twenty barons in

distraining and distressing us, we will issue orders to make

them take the same oath as aforesaid. And if anyone of the

five-and-twenty barons dies, or goes out of the kingdom, or is

hindered any other way from carrying the things aforesaid into

execution, the rest of the said five-and-twenty barons may

choose another in his room, at their discretion, who shall be

sworn in like manner as the rest. In all things that are

committed to the execution of these five-and-twenty barons,

if, when they are all assembled together, they should happen

to disagree about any matter, and some of them, when summoned,

will not or cannot come, whatever is agreed upon, or enjoined,

by the major part of those that are present shall be reputed

as firm and valid as if all the five-and-twenty had given

their consent; and the aforesaid five-and-twenty shall swear

that all the premises they shall faithfully observe, and cause

with all their power to be observed. And we will procure

nothing from anyone, by ourselves nor by another, whereby any

of these concessions and liberties may be revoked or lessened;

and if any such thing shall have been obtained, let it be null

and void; neither will we ever make use of it either by

ourselves or any other. And all the ill-will, indignations,

and rancours that have arisen between us and our subjects, of

the clergy and laity, from the first breaking out of the

dissensions between us, we do fully remit and forgive:

moreover, all trespasses occasioned by the said dissensions,

from Easter in the sixteenth year of our reign till the

restoration of peace and tranquillity, we hereby entirely

remit to all, both clergy and laity, and as far as in us lies

do fully forgive. We have, moreover, caused to be made for

them the letters patent testimonial of Stephen, Lord

Archbishop of Canterbury, Henry, Lord Archbishop of Dublin,

and the bishops aforesaid, as also of Master Pandulph, for the

security and concessions aforesaid.

{807}

63. Wherefore we will and firmly enjoin, that the Church of

England be free, and that all men in our kingdom have and hold

all the aforesaid liberties, rights, and concessions, truly

and peaceably, freely and quietly, fully and wholly to

themselves and their heirs, of us and our heirs, in all things

and places, for ever, as is aforesaid. It is also sworn, as

well on our part as on the part of the barons, that all the

things aforesaid shall be observed in good faith, and without

evil subtilty. Given under our hand, in the presence of the

witnesses above named, and many others, in the meadow called

Runingmede, between Windsor and Staines, the 15th day of June,

in the 17th year of our reign."

_W. Stubbs,

Select Charters,

part 5._

_Old South Leaflets,

General Series,

number 5._

Also IN:

_E. F. Henderson,

Select Historical Documents of the Middle Ages,

book 1, number 7._

_C. H. Pearson,

History of England during the Early and Middle Ages,

volume 2, chapter 3._

ENGLAND: A. D. 1216-1274.

Character and reign of Henry III.

The Barons' War.

Simon de Montfort and the evolution of the English Parliament.

King John died October 17,1216. "His legitimate successor was

a child of nine years of age. For the first time since the

Conquest the personal government was in the hands of a minor.

In that stormy time the great Earl of Pembroke undertook the

government, as Protector. ... At the Council of Bristol, with

general approbation and even with that of the papal legate,

Magna Charta was confirmed, though with the omission of

certain articles. ... After some degree of tranquillity had

been restored, a second confirmation of the Great Charter took

place in the autumn of 1217, with the omission of the clauses

referring to the estates, but with the grant of a new charta

de foresta, introducing a vigorous administration of the

forest laws. In 9 Henry III. Magna Charta was again confirmed,

and this is the form in which it afterwards took its place

among the statutes of the realm. Two years later, Henry III.

personally assumes the reins of government at the Parliament

of Oxford (1227), and begins his rule without confirming the

two charters. At first the tutorial government still

continues, which had meanwhile, even after the death of the

great Earl of Pembroke (1219), remained in a fairly orderly

condition. The first epoch of sixteen years of this reign must

therefore be regarded purely as a government by the nobility

under the name of Henry III. The regency had succeeded in

removing the dominant influence of the Roman Curia by the

recall of the papal legate, Pandulf, to Rome (1221), and in

getting rid of the dangerous foreign mercenary soldiery

(1224). ... With the disgraceful dismissal of the chief

justiciary, Hubert de Burgh, there begins a second epoch of a

personal rule of Henry III. (1232-1252), which for twenty

continuous years, presents the picture of a confused and

undecided struggle between the king and his foreign favourites

and personal adherents on the one side, and the great barons,

and with them soon the prelates, on the other. ... In 21 Henry

III. the King finds himself, in consequence of pressing money

embarrassments, again compelled to make a solemn confirmation

of the charter, in which once more the clauses relating to the

estates are omitted. Shortly afterwards, as had happened just

one hundred years previously in France, the name

'parliamentum' occurs for the first time (Chron. Dunst., 1244;

Matth. Paris, 1246), and curiously enough, Henry III. himself,

in a writ addressed to the Sheriff of Northampton, designates

with this term the assembly which originated the Magna Charta.

... The name 'parliament,' now occurs more frequently, but

does not supplant the more definite terms concilium,

colloquium, etc. In the meanwhile the relations with the

Continent became complicated, in consequence of the family

connections of the mother and wife of the King, and the greed

of the papal envoys. ... From the year 1244 onwards, neither a

chief justice nor a chancellor, nor even a treasurer, is

appointed, but the administration of the country is conducted

at the Court by the clerks of the offices."

_R. Gneist,

History of the English Constitution,

volume 1, pages 313-321._

"Nothing is so hard to realise as chaos; and nothing nearer to

chaos can be conceived than the government of Henry III. Henry

was, like all the Plantagenets, clever; like very few of them,

he was devout; and if the power of conceiving a great policy

would constitute a great King, he would certainly have been

one. ... He aimed at making the Crown virtually independent of

the barons. ... His connexion with Louis IX., whose

brother-in-law he became, was certainly a misfortune to him.

In France the royal power had during the last fifty years been

steadily on the advance; in England it had as steadily

receded; and Henry was ever hearing from the other side of the

Channel maxims of government and ideas of royal authority

which were utterly inapplicable to the actual state of his own

kingdom. This, like a premature Stuart, Henry was incapable of

perceiving; a King he was, and a King he would be, in his own

sense of the word. It is evident that with such a task before

him, he needed for the most shadowy chance of success, an iron

strength of will, singular self-control, great forethought and

care in collecting and husbanding his resources, a rare talent

for administration, the sagacity to choose and the

self-reliance to trust his counsellors. And not one of these

various qualities did Henry possess. ... Henry had imbibed

from the events and the tutors of his early childhood two

maxims of state, and two alone: to trust Rome, and to distrust

the barons of England. ... He filled the places of trust and

power about himself with aliens, to whom the maintenance of

Papal influence was like an instinct of self-preservation.

Thus were definitely formed the two great parties out of whose

antagonism the War of the Barons arose, under whose influence

the relations between the crown and people of England were

remodelled, and out of whose enduring conflict rose,

indirectly, the political principles which contributed so

largely to bring about the Reformation of the English Church.

The few years which followed the fall of Hubert de Burgh were

the heyday of Papal triumph. And no triumph could have been

worse used. ... Thus was the whole country lying a prey to the

ecclesiastical aliens maintained by the Pope, and to the lay

aliens maintained by the King, ... when Simon de Montfort

became ... inseparably intermixed with the course of our

history. ... In the year 1258 opened the first act of the

great drama which has made the name of Simon de Montfort

immortal. ... The Barons of England, at Leicester's

suggestion, had leagued for the defence of their rights. They

appeared armed at the Great Council. ...

{808}

They required as the condition of their assistance that the

general reformation of the realm should be entrusted to a

Commission of twenty-four members, half to be chosen by the

crown, and half by themselves. For the election of this body,

primarily, and for a more explicit statement of grievances,

the Great Council was to meet again at Oxford on the 11th of

June, 1258. When the Barons came, they appeared at the head of

their retainers. The invasion of the Welsh was the plea; but

the real danger was nearer home. They seized on the Cinque

Ports; the unrenewed truce with France was the excuse; they

remembered too vividly King John and his foreign mercenaries.

They then presented their petition. This was directed to the

redress of various abuses. ... To each and every clause the

King gave his inevitable assent. One more remarkable

encroachment was made upon the royal prerogative; the election

in Parliament of a chief justiciar. ... The chief justiciar

was the first officer of the Crown. He was not a mere chief

justice, after the fashion of the present day, but the

representative of the Crown in its high character of the

fountain of justice. ... But the point upon which the barons

laid the greatest stress, from the beginning to the end of

their struggle, was the question of the employment of aliens.

That the strongest castles and the fairest lands of England

should be in the hands of foreigners, was an insult to the

national spirit which no free people could fail to resent. ...

England for the English, the great war cry of the barons, went

home to the heart of the humblest. ... The great question of

the constitution of Parliament was not heard at Oxford; it

emerged into importance when the struggle grew fiercer, and

the barons found it necessary to gather allies round them. ...

One other measure completed the programme of the barons;

namely, the appointment, already referred to, of a committee

of twenty-four. ... It amounted to placing the crown under the

control of a temporary Council of Regency [see OXFORD,

PROVISIONS OF]. ... Part of the barons' work was simple

enough. The justiciar was named, and the committee of

twenty-four. To expel the foreigners was less easy. Simon de

Montfort, himself an alien by birth, resigned the two castles

which he held, and called upon the rest to follow. They simply

refused. ... But the barons were in arms, and prepared to use

them. The aliens, with their few English supporters, fled to

Winchester, where the castle was in the hands of the foreign

bishop Aymer. They were besieged, brought to terms, and

exiled. The barons were now masters of the situation. ...

Among the prerogatives of the crown which passed to the Oxford

Commission not the least valuable, for the hold which it gave

on the general government of the country, was the right to

nominate the sheriffs. In 1261 the King, who had procured a

Papal bull to abrogate the Provisions of Oxford, and an army

of mercenaries to give the bull effect, proceeded to expel the

sheriffs who had been placed in office by the barons. The

reply of the barons was most memorable; it was a direct appeal

to the order below their own. They summoned three knights

elected from each county in England to meet them at St. Albans

to discuss the state of the realm. It was clear that the day

of the House of Commons could not be far distant, when at such

a crisis an appeal to the knights of the shire could be made,

and evidently made with success. For a moment, in this great

move, the whole strength of the barons was united; but

differences soon returned, and against divided counsels the

crown steadily prevailed. In June, 1262, we find peace

restored. The more moderate of the barons had acquiesced in

the terms offered by Henry; Montfort, who refused them, was

abroad in voluntary exile. ... Suddenly, in July, the Earl of

Gloucester died, and the sole leadership of the barons passed

into the hands of Montfort. With this critical event opens the

last act in the career of the great Earl. In October he returns

privately to England. The whole winter is passed in the

patient reorganising of the party, and the preparation for a

decisive struggle. Montfort, fervent, eloquent, and devoted,

swayed with despotic influence the hearts of the younger

nobles (and few in those days lived to be grey), and taught

them to feel that the Provisions of Oxford were to them what

the Great Charter had been to their fathers. They were drawn

together with an unanimity unknown before. ... They demanded

the restoration of the Great Provisions. The King refused, and

in May, 1263, the barons appealed to arms. ... Henry, with a

reluctant hand, subscribed once more to the Provisions of

Oxford, with a saving clause, however, that they should be

revised in the coming Parliament. On the 9th of September,

accordingly, Parliament was assembled. ... The King and the

barons agreed to submit their differences to the arbitration

of Louis of France. ... Louis IX. had done more than any one

king of France to enlarge the royal prerogative; and Louis was

the brother-in-law of Henry. His award, given at Amiens on the

23d of January, 1264. was, as we should have expected,

absolutely in favour of the King. The whole Provisions of

Oxford were, in his view, an invasion of the royal power. ...

The barons were astounded. ... They at once said that the

question of the employment of aliens was never meant to be

included. ... The appeal was made once again to the sword.

Success for a moment inclined to the royal side, but it was

only for a moment; and on the memorable field of Lewes the

genius of Leicester prevailed. ... With the two kings of

England and of the Romans prisoners in his hands, Montfort

dictated the terms of the so-called Mise of Lewes. ... Subject

to the approval of Parliament, all differences were to be

submitted once more to French arbitration. ... On the 23d of

June the Parliament met. It was no longer a Great Council,

after the fashion of previous assemblies; it included four

knights, elected by each English county. This Parliament gave

such sanction as it was able to the exceptional authority of

Montfort, and ordered that until the proposed arbitration

could be carried out, the King's council should consist of

nine persons, to be named by the Bishop of Chichester, and the

Earls of Gloucester and Leicester. The effect was to give

Simon for the time despotic power. ... It was at length agreed

that all questions whatever, the employment of aliens alone

excepted, should be referred to the Bishop of London, the

justiciar Hugh le Despenser, Charles of Anjou, and the Abbot

of Bec. If on any point they could not agree, the Archbishop

of Rouen was to act as referee. ... It was ... not simply the

expedient of a revolutionary chief in difficulties, but the

expression of a settled and matured policy, when, in December

1264, [Montfort] issued in the King's name the ever-memorable

writs which summoned the first complete Parliament which ever

met in England.

{809}

The earls, barons, and bishops received their summons as of

course; and with them the deans of cathedral churches, an

unprecedented number of abbots and priors, two knights from

every shire, and two citizens or burgesses from every city or

borough in England. Of their proceedings we know but little;

but they appear to have appointed Simon de Montfort to the

office of Justiciar of England, and to have thus made him in

rank, what he had before been in power, the first subject in

the realm. ... Montfort ... had now gone so far, he had

exercised such extraordinary powers, he had done so many

things which could never really be pardoned, that perhaps his

only chance of safety lay in the possession of some such

office as this. It is certain, moreover, that something which

passed in this Parliament, or almost exactly at the time of

its meeting, did cause deep offence to a considerable section

of the barons. ... Difficulties were visibly gathering thicker

around him, and he was evidently conscious that disaffection

was spreading fast. ... Negotiations went forward, not very

smoothly, for the release of Prince Edward. They were

terminated in May by his escape. It was the signal for a

royalist rising. Edward took the command of the Welsh border;

before the middle of June he had made the border his own. On

the 29th Gloucester opened its gates to him. He had many

secret friends. He pushed fearlessly eastward, and surprised

the garrison of Kenilworth, commanded by Simon, the Earl's

second son. The Earl himself lay at Evesham, awaiting the

troops which his son was to bring up from Kenilworth. ... On

the fatal field of Evesham, fighting side by side to the last,

fell the Earl himself, his eldest son Henry, Despenser the

late Justiciar, Lord Basset of Drayton, one of his firmest

friends, and a host of minor name. With them, to all

appearance, fell the cause for which they had fought."

_Simon de Montfort

(Quarterly Review, January, 1866)._

See PARLIAMENT, THE ENGLISH:

EARLY STAGES OF ITS EVOLUTION.

"Important as this assembly [the Parliament of 1264] is in the

history of the constitution, it was not primarily and

essentially a constitutional assembly. It was not a general

convention of the tenants in chief or of the three estates,

but a parliamentary assembly of the supporters of the existing

government."

_W. Stubbs,

Constitutional History of England,

chapter 14, section 177 (volume 2)._

ALSO IN:

_W. Stubbs,

The Early Plantagenets._

_G. W. Prothero,

Life of Simon de Montfort,

chapter 11-12._

_H. Blaauw,

The Barons' War._

_C. H. Pearson,

England, Early and Middle Ages,

volume 2._

ENGLAND: A. D. 1271.

Crusade of Prince Edward:

See CRUSADES: A. D. 1270-1271.

ENGLAND: A. D. 1272.

Accession of King Edward I.

ENGLAND: A. D. 1275-1295.

Development of Parliamentary representation under Edward 1.

"Happily, Earl Simon [de Montfort] found a successor, and more

than a successor, in the king's [Henry III.'s] son. ... Edward

I. stood on the vantage ground of the throne. ... He could do

that easily and without effort which Simon could only do

laboriously, and with the certainty of rousing opposition.

Especially was this the case with the encouragement given by

the two men to the growing aspirations after parliamentary

representation. Earl Simon's assemblies were instruments of

warfare. Edward's assemblies were invitations to peace. ...

Barons and prelates, knights and townsmen, came together only

to support a king who took the initiative so wisely, and who,

knowing what was best for all, sought the good of his kingdom

without thought of his own ease. Yet even so, Edward was too

prudent at once to gather together such a body as that which

Earl Simon had planned. He summoned, indeed, all the

constituent parts of Simon's parliament, but he seldom

summoned them to meet in one place or at one time. Sometimes

the barons and prelates met apart from the townsmen or the

knights, sometimes one or the other class met entirely alone.

... In this way, during the first twenty years of Edward's

reign, the nation rapidly grew in that consciousness of

national unity which would one day transfer the function of

regulation from the crown to the representatives of the

people."

_S. R. Gardiner and J. B. Mullinger,

Introduction to the Study of English History,

chapter 4, section 17._

"In 1264 Simon de Montfort had called up from both shires and

boroughs representatives to aid him in the new work of

government. That part of Earl Simon's work had not been

lasting. The task was left for Edward I. to be advanced by

gradual safe steps, but to be thoroughly completed, as a part

of a definite and orderly arrangement, according to which the

English parliament was to be the perfect representation of the

Three Estates of the Realm, assembled for purposes of

taxation, legislation and united political action. ...

Edward's first parliament, in 1275, enabled him to pass a

great statute of legal reform, called the Statute of

Westminster the First, and to exact the new custom on wool;

another assembly, the same year, granted him a fifteenth. ...

There is no evidence that the commons of either town or county

were represented. ... In 1282, when the expenses of the Welsh

war were becoming heavy, Edward again tried the plan of

obtaining money from the towns and counties by separate

negotiation; but as that did not provide him with funds

sufficient for his purpose, he called together, early in 1283,

two great assemblies, one at York and another at Northampton,

in which four knights from each shire and four members from

each city and borough were ordered to attend; the cathedral

and conventual clergy also of the two provinces were

represented at the same places by their elected proctors. At

these assemblies there was no attendance of the barons; they

were with the king in Wales; but the commons made a grant of

one-thirtieth on the understanding that the lords should do

the same. Another assembly was held at Shrewsbury the same

year, 1283, to witness the trial of David of Wales; to this

the bishops and clergy were not called, but twenty towns and

all the counties were ordered to send representatives. Another

step was taken in 1290: knights of the shire were again

summoned; but still much remained to be done before a perfect

parliament was constituted. Counsel was wanted for

legislation, consent was wanted for taxation. The lords were

summoned in May, and did their work in June and July, granting

a feudal aid and passing the statute 'Quia Emptores,' but the

knights only came to vote or to promise a tax, after a law had

been passed; and the towns were again taxed by special

commissions. In 1294, ... under the alarm of war with France,

an alarm which led Edward into several breaches of

constitutional law, he went still further, assembling the

clergy by their representatives in August, and the shires by

their representative knights in October.

{810}

The next year, 1295, witnessed the first summons of a perfect

and model parliament; the clergy represented by their bishops,

deans, archdeacons, and elected proctors; the barons summoned

severally in person by the king's special writ, and the

commons summoned by writs addressed to the sheriffs, directing

them to send up two elected knights from each shire, two

elected citizens from each city, and two elected burghers from

each borough. The writ by which the prelates were called to

this parliament contained a famous sentence taken from the

Roman law, 'That which touches all should be approved by all,'

a maxim which might serve as a motto for Edward's

constitutional scheme, however slowly it grew upon him, now

permanently and consistently completed."

_W. Stubbs,

The Early Plantagenets,

chapter 10._

"Comparing the history of the following ages with that of the

past, we can scarcely doubt that Edward had a definite idea of

government before his eyes, or that that idea was successful

because it approved itself to the genius and grew out of the

habits of the people. Edward saw, in fact, what the nation was

capable of, and adapted his constitutional reforms to that

capacity. But although we may not refuse him the credit of

design, it may still be questioned whether the design was

altogether voluntary, whether it was not forced upon him by

circumstances and developed by a series of careful

experiments. ... The design, as interpreted by the result, was

the creation of a national parliament, composed of the three

estates. ... This design was perfected in 1295. It was not the

result of compulsion, but the consummation of a growing policy.

... But the close union of 1295 was followed by the compulsion

of 1297: out of the organic completeness of the constitution

sprang the power of resistance, and out of the resistance the

victory of the principles, which Edward might guide, but which

he failed to coerce."

_W. Stubbs,

Constitutional History of England,

chapter 15, section 244

and chapter 14, section 180-182._

_W. Stubbs,

Select Charters,

part 7._

History for ready reference, Volume 2, El Dorado to Greaves · 第 11 / 222 段