CHAPTER IX.

SIMON DE MONTFORT.

Delay of the crisis--Simon de Montfort--Parliament of 1258--Provisions

of Oxford--Political troubles--Award of St. Lewis--Battle of

Lewes--Baronial government--Battle of Evesham--Closing years.

[Sidenote:

Why the constitutional

crisis was delayed.

]

[Sidenote:

Henry’s

dynastic

policy.

]

The long and dreary survey of the first forty years of Henry’s reign

has its chief use in enabling us to trace the string of events, the

accumulation of causes and motives, which produced the more striking

complications of the remaining sixteen years. We have seen that on

the one hand a gradually increasing spirit of resistance was being

roused among all classes of the people. Through a shifty, shuffling,

purposeless public policy on the king’s part, a sullen determination to

reign as despotically as his father had done constantly makes itself

apparent. The papal influence, too, by which his foreign policy was

guided, was gradually bringing him up to a point at which the national

spirit would no longer endure him. We cannot fail to perceive further

that Henry’s determination to act as his own minister could have but

one result--that, when the time for account came, the account would

be demanded of him himself personally; he would have no agents behind

whom he could screen himself, or whom he could sacrifice to justify

himself. Henry’s personal character, his pliancy and want of principle,

may perhaps have helped to put off the day of account, so long delayed,

and it may have been his own misfortune that he lived so long to try

the patience of the people. Another reason for their endurance was no

doubt the want of a leader, and that was a potent reason. In the early

difficulties of the reign the place of the leader of constitutional

opposition was occasionally taken by the Earl of Chester, a man in

whose conduct the desire of rule was stronger than the love of liberty;

and after his death it was occupied with higher principles and nobler

purposes by the Earl Marshall Richard. After Richard’s death no great

lay baron for a long time stood out from the rest as a leader. The

bishops proclaimed their grievances and the oppressions of the court,

but the bishops were forbidden by their order to take up arms against

the king. The great earldoms of the former age were extinct in spirit

if not in title, and possibly the king may have found means to keep

their modern representatives silent or inactive. The great earldom of

Leicester had been split in two, and one half, which bore the name of

Leicester, was, at the beginning of the reign, in the king’s hands,

although claimed by the Montforts. The earldom of Chester came, on the

extinction of the heirs, to the crown in 1237; Essex and Hereford were

held by one family; Cornwall by the king’s brother; Salisbury by his

cousin. Gloucester alone retained anything like its old importance, and

the Earl of Gloucester could not stand alone. Henry was wise enough to

see this, and so avoided the restoration of Chester by keeping it as

a provision for one of his sons. It was probably with the like object

that he connived at the marriage of his sister with Simon de Montfort,

to whom the Leicester inheritance must in the end come; and when the

earldom of the Marshalls escheated he gave it to his half-brother. If

all the great earldoms could be comfortably distributed among his near

kinsmen the baronial party would be without its natural head, and

might lie at his mercy. That this was a part of his plan we may infer

from his treatment of the bishoprics. He no doubt thought that he had

a safe hold on the clergy when his wife’s uncle was made archbishop

of Canterbury, his half-brother, Ethelmer of Lusignan, bishop of

Winchester, and another important bishopric, that of Hereford, was in

the hands of a Provençal kinsman. Edward III., a hundred years after

him, adopted somewhat the same plan of consolidating family power by

marrying his sons to the heiresses of the earldoms; and at an earlier

period in the history of the empire the German duchies more than once

take the form of a compact family party. Unfortunately, however, the

plan has seldom answered: people can hate their relations perhaps more

cordially than they can hate any one else; and in a generation or two,

when personal hatred is complicated with the rights of inheritance,

wars between cousins are apt to become internecine. Even in the present

reign we shall come upon one or two instances of this. One effect of

this statecraft on Henry’s part was to keep the constitutional party

divided and headless; another was to provoke opposition amongst those

in whom he might otherwise have trusted. His treatment of the Gascons

was such as at one period to throw even his son Edward and his brother

Richard into opposition; and as early as 1242 we have seen Earl Richard

of Cornwall taking an important place in the baronial councils; but

the leading and crowning instance is Simon de Montfort, the personal

enemy, the leader of constitutional opposition, the national champion,

whom Henry raised up for his own discomfiture as directly and as

persistently as if he had had from the beginning that object in view.

[Sidenote:

Richard of

Cornwall.

]

The opinions of historians have differed widely in drawing the

characters of the two most influential men of this period. Richard,

King of the Romans, a dignity which he attained in 1257, the second

son of John, must have been on any showing a man of more energy

and enterprise than his brother Henry; it is attested by his early

achievements in war, by his crusade, and by the adventurous way in

which he attempted and really maintained his hold on Germany. He

was also a better manager; for whilst Henry was always hopelessly

overwhelmed with debt, Richard was always amply provided with money,

and able to lend his brother large sums, which kept him afloat for a

time, but did not get him out of his difficulties. Richard had also

much sounder ideas of policy, acting frequently with the baronial

party, resisting and remonstrating against his brother’s foolish

designs, and winning throughout both France and England no small

reputation for political sagacity. In opposition to these favorable

points must be set a strong public opinion existing at the time,

and since constantly re-echoed both in England and in Germany. The

English, disliking his attempts at foreign sovereignty, represented

him as a foolish, extravagant, tricky man, who for the name of Emperor

sacrificed his real interests and imperilled the interests of his

country; a man who would let the Germans delude him out of all his

treasure and then come back to England and take the unpopular side,

as he did in the barons’ war. The Germans, who always treated the

English kings as rich fools to be handled from time to time for their

own profit, got out of him all they could in the way of money and

privileges, and showed their gratitude by mocking him. A more careful

view of his career leads to the conclusion that both his abilities and

his success were underrated. He was certainly not a great sovereign,

but the probability is that, with the chances he had, he might have

done very much worse. He was one of the very last of the kings of the

Romans who thought of building up the empire as distinct from their

own dynastic power; who lavished what he had upon it instead of merely

using the power and dignity which it gave him to increase the wealth of

his own family. In respect to his conduct as an English earl we find

him always acting as a mediator and arbitrator, never urging the king

to his despotic and deceitful courses. If when the country was actually

at war he threw in his lot with his brother, rather than with Simon

de Montfort, whom he did not understand, but suspected and reasonably

disliked, he can hardly be visited with severe blame. He was the wisest

and most moderate, it would seem, of Henry’s advisers; but Henry was

not fond of being advised.

[Sidenote:

Simon de

Montfort.

]

Simon de Montfort was a very different man, and very different

estimates have been formed of him. On one side he is regarded as an

almost inspired statesman, a scholar, a saint, a martyr; on the other

he is a mere adventurer, a demagogue, a man full of selfish ambitions

and personal hatreds, a rebel, a traitor, a criminal. A short notice

of his chief actions may indicate what reason there is for either,

neither, or both of these estimates. Simon de Montfort was no doubt

an adventurer, descended from a race of counts that had played for

high stakes with very little capital, and had been persistently

pushing into power for some centuries. His father was the scarcely

less renowned Simon de Montfort, the persecutor of the Albigensian

heretics, who had, at the head of that cruel crusade, been made Count

of Toulouse, and perished in making good his claims. The Counts of

Evreux, his remoter ancestors, had made their way into that position

by a fortunate marriage as early as the time of Henry I. They had made

a bold attempt in the time of Lewis VI. to claim the high stewardship

of France; in later times one of the family had held, in the right

of his wife, the earldom of Gloucester after the death of Geoffrey

de Mandeville and Hawisia. Earl Simon, the Crusader, was a nephew of

the last Earl of Leicester of the house of Beaumont, on whose death

John divided his earldom into two, that of Winchester going to Saer

de Quincy as co-heir, and that of Leicester to Simon de Montfort. But

that Simon, although he was Earl of Leicester, had little to do with

England; he was an enemy of John, and the barons are said, at one time,

to have thought of calling him in as a deliverer. His crusade against

the Albigenses was directed really against Raymond of Toulouse, who was

John’s brother-in-law; and as John was never loth to keep the lands of

his enemies in his own hands, the revenues of the earldom seldom found

their way into the treasury of the Montforts. This Simon had four sons;

Amalric, Count of Montfort, was the eldest, and the second Simon, the

hero of the barons’ war, was the youngest. Amalric, of course, was his

father’s heir, but he contented himself with his patrimony in France;

and the two intermediate brothers being now dead, Simon, according

to Matthew Paris, attempted, at the Council of Bourges, in 1226 or

1227, to recover the county of Toulouse. Failing to do this, he came

to England to see whether he could not get the earldom of Leicester,

and his brother consented to make over to him such rights in it as he

possessed. After some years he succeeded. Henry allowed the arrangement

between the brothers to take effect, and gave Simon the honor of

Leicester. He had already failed in two attempts to make himself

a great position by marriage with the countesses of Flanders and

Boulogne. In a third he was more successful; Henry connived, as it was

said, at a clandestine marriage between Simon and his sister Eleanor,

the widow of the second William Marshall--an unlawful marriage, as she

had taken a vow of widowhood--and soon after, in 1239, gave him the

title of Earl. Richard of Cornwall, and others of the baronage were

exceedingly angry at this, and Henry himself in no long time quarrelled

with his new brother-in-law, who had to leave England, and had some

expense and trouble in obtaining the recognition of his marriage as

lawful.

For some years he appears to have been coolly treated, and perhaps

nursed his wrongs. But up to this time there is little about him to

distinguish him from the other foreigners with whom England swarmed.

By what process he educated himself into the ideas and position of an

English baron, we have but little information to show. It is clear,

however, that he did so; that he had much intercourse with the clergy,

especially with that section which, with Bishop Grosseteste, was

bent on resisting the royal exactions and papal usurpations; that he

devoted much thought and care to the education of his children; and

that when, in the parliament of 1244, the prelates and barons selected

a committee to treat with the king, his name, with that of Earl

Richard of Cornwall, was among the first chosen. In his own earldom,

nearly the only notice found of him, is that he persecuted the Jews of

Leicester, and this slight indication may show that he had somewhat

of his father’s spirit--that some persecuting zeal was an ingredient

in his peculiar form of piety. From this date we find him, however,

employed more and more in public business, and for several years

together commanding in Gascony, where the complaints of his severity

and impolicy were probably occasioned as much by Henry’s deceitful

treatment of his foreign adherents, as by Simon’s own fault. Of this,

however, it is impossible to judge certainly; we only know that the

bitter feelings which existed between him and the king were constantly

more and more embittered, and that Earl Richard, although sometimes

he was obliged to take Simon’s part, had the same personal antipathy,

which grew greater, and produced terrible results in the next

generation. In Gascony, however, Simon must have gained a good deal of

political experience; and he was already by inherited talent and early

training, a highly accomplished soldier and tactician.

Such was the man whom Henry III. had raised and trained to his own

confusion; a brilliant, religious, enterprising, experienced man,

who had cultivated popularity; and who, although a foreigner, an

adventurer, a man descended from high feudal parentage, and an adept

in all the lessons of feudal insubordination, had yet fitted himself

to be a leader of the English baronage in a crusade against tyranny.

Earl Simon’s greatness throws all the other actors into the shade, for

Bishop Grosseteste, who if he had lived, would no doubt have taken a

great place in the story, died in 1253; and of the other prelates,

besides Archbishop Boniface, the only one of much personal eminence at

the time, was Walter of Cantilupe, Bishop of Worcester. Of the barons,

the most eminent were Richard de Clare, Earl of Gloucester, and William

of Ferrers, the last Earl of Derby of that house which had been engaged

in every conspiracy and intrigue since the days of Stephen.

[Sidenote:

Parliament

of 1258.

]

The struggle opens at the parliament held at Midlent at Westminster,

in 1257, when the king presented his son Edmund to the barons as king

of Sicily, and announced that he had pledged the kingdom to the Pope

for 140,000 marks. He demanded an aid, a tenth of all church-revenue,

and the income of all vacant benefices for five years The clergy

remonstrated. The ears of all tingled, says the historian, and their

hearts died within them, but he succeeded in obtaining 52,000 marks,

and was encouraged to try again. This he did the next year, 1258, at a

parliament held soon after Easter at London. This assembly met on April

9, and continued until May 5. Every one brought up his grievances; the

king insisted on having money. The Pope had pledged himself to the

merchants, Henry had pledged himself to the Pope; was all Christendom

to be bankrupt? The barons listened with impatience; at last the time

was come for reform, and the king was obliged to yield. On May 2 he

consented that a parliament should be called at Oxford within a month

after Whitsuntide, and that then and there a commission of twenty-four

persons should be constituted, twelve members of the royal council

already chosen and twelve elected by the barons; then if the barons

would do their best to get the king out of his difficulties by a

pecuniary aid, he would, with the advice of these twenty-four, draw

up measures for the reform of the state of the kingdom, the royal

household and the Church. It will be remembered that in 1215 the

execution of the articles of Magna Carta was committed to twenty-five

barons, with power to constrain the king to make the necessary reforms;

in this case the arrangement is somewhat different, although the

method of proceeding is not quite dissimilar, and both alike afforded

precedents for that superseding of the royal authority by a commission

of government which we find in the reigns of Edward II. and Richard II.

[Sidenote:

Parliament

at Oxford.

]

At Oxford the parliament met on June 11, and the barons presented

a long list of grievances which they insisted should be reformed.

If this list be compared with the list of grievances on which Magna

Carta was drawn up, it will be found that many points are common

to the two documents. We may thus infer that notwithstanding the

constant confirmations of the charters which were issued by the king,

the observance of them was evaded by violence or by chicanery; that

the king enforced some of the most offensive feudal rights, and that

his officers found little check on their exactions. Castles had been

multiplied, the itinerant judges had made use of their office to exact

large sums in the shape of fines, and the sheriffs had oppressed the

country in the same way. English fortresses had been placed in the

hands of foreigners, and the forest laws had been disregarded. A great

number of other evil customs are now recounted. But, strange to say,

there is no proposal to restore the missing articles of the Charter

of Runnymede, by which taxation without the consent of the national

council is forbidden.

[Sidenote:

Provisions of

Oxford.

]

These grievances were to be redressed before the end of the year; and

the aliens were to be removed at once from all places of trust. But

this was not the most critical part of the business. The Provisions

of Oxford, as they were called, were intended to be much more than an

enforcement of Magna Carta; a body of twenty-four was chosen, twelve

by the king, twelve by the earls and barons, to reform the grievances;

of the king’s twelve the most eminent were his three half-brothers,

the Lusignans, his nephew Henry of Cornwall, and the Earls of Warenne

and Warwick; of the baronial twelve the chief were the Bishop of

Worcester, the Earls of Leicester, Gloucester, and Hereford, Roger

Mortimer, Hugh Bigot, and Hugh le Despenser. A next step was to restore

the three great dignities of the administration which had been so long

in abeyance; Hugh Bigot was made justiciar, but the great seal still

remained in the hands of a keeper who must be supposed to have taken

the oath of chancellor. The king was then provided with a council of

fifteen advisers; each of the two twelves selected two out of the

other twelve, and these four nominated the fifteen, subject to the

approval of the whole twenty-four. The chiefs of this permanent council

were the Archbishop of Canterbury, the Bishop of Worcester, and the

Earls of Gloucester, and Leicester. The fifteen were to hold three

annual sessions, or parliaments, in February, June, and October; and

with them the barons were to negotiate through another committee of

twelve. There was another body still, also consisting of twenty-four

members, who had the special task of negotiating the financial aids;

and the original twenty-four were empowered to undertake the reform

of the Church. Of course these several committees contained very much

the same elements, the Earls of Leicester, Gloucester, and Norfolk,

Roger Mortimer, and others being elected to each. It was a cumbrous

arrangement, and scarcely likely to be permanent, but was accepted

with great solemnity. Everybody was sworn to obey, and several minor

measures were ordered to give security to the new constitution. It

is this framework of government, the permanent council of fifteen,

the three annual parliaments, the representation of the community of

the realm through twelve representative barons, that is historically

known as the Constitution of the Provisions of Oxford. Henry was again

and again forced to swear to it, and to proclaim it throughout the

country. The grievances of the barons were met by a set of ordinances

called the Provisions of Westminster, which were produced after some

trouble in October 1259. Before the scheme had begun to work the

foreign favorites and kinsmen fled from the court and were allowed to

quit the country with some scanty remnant of their ill-gotten gains.

Their departure left the royalist members of the new administration in

a hopeless minority.

[Sidenote:

Disunion

among the

barons.

]

[Sidenote:

The Barons’

War, 1263.

]

[Sidenote:

Award of

Lewis IX.

]

England had now, it would appear, adopted a new form of government,

but it must have been already sufficiently clear that so many rival

interests and ambitious leaders would not work together, that Henry

would avail himself of the first pretext for repudiating his promises,

and that a civil war would almost certainly follow. The first year

of this provisional government passed away quietly. The King of the

Romans, who returned from Germany in January, 1259, was obliged to

swear to the provisions. In November Henry went to France, returning

in April, 1260. Immediately on his return he began to intrigue for the

overthrow of the government, sent for absolution to Rome, and prepared

for war. Edward, his eldest son, tried to prevent him from breaking his

word, but before the king had begun the contest the two great earls

had quarrelled; Gloucester could not bear Leicester, Leicester could

not bear a rival. A general reconciliation was the prelude as usual to

a general struggle. In February, 1261, Henry repudiated his oath, and

seized the Tower. In June he produced a papal Bull which absolved him

from his oath to observe the Provisions. The chiefs of the government,

Leicester and Gloucester, took up arms, but they avoided a battle. The

summer was occupied with preparations for a struggle, and peace was

made in the winter. In 1262 Henry went again to France for six months,

and on his return again swore to the Provisions; that year the Earl of

Gloucester died, and Edward began to draw nearer to his father. Simon

was without a rival, and no doubt created in Edward that spirit of

jealous mistrust which never again left him. The next year was one of

open war. The young Earl of Gloucester refused to swear allegiance to

Edward; Simon insisted that the pertinacious aliens should be again

expelled. Twice if not three times in this year Henry was forced to

confirm the Provisions; but Edward saw that they had now become a mere

form under which the sovereignty of Simon de Montfort was scarcely

hidden; and the increasing conviction of this induced the barons to

refer the whole question to the arbitration of Lewis IX. of France.

This was done on December 16, 1263. An examination of the names of the

barons which appear in the two lists of sureties who undertake the

carrying out of this arbitration, shows that Simon de Montfort had now

lost some of his most important allies. The young Earl of Gloucester

appears in neither list, but the Earls of Norfolk and Hereford, Hugh

Bigot, and Roger Mortimer are now on the king’s side, and no earl

except Leicester himself appears in the baronial party, the foremost

layman there being Hugh le Despenser, the justiciar. There can be no

doubt that since the outbreak of the war much moral weight had fallen

to the royalists, and it seems most probable that Earl Simon had rather

offended than propitiated the men who regarded themselves as his

equals. The conduct of the barons after the award of Lewis IX. seems to

place them in the wrong, and to show either that Simon de Montfort’s

views had developed, under the late changes, in the direction of

personal ambition and selfish ends, or that other causes were at

work, of which we have no information. The barons were so distinctly

justified in their first proceedings, that an equitable consideration

cannot be refused to their later difficulties. Both parties, however,

equally bound themselves to abide by the arbitration.

Henry took the wise course of being personally present on the occasion

and taking his son Edward with him. Some of the barons also appeared

in person, but not the Earl of Leicester, who was supporting the Welsh

princes in their war with Mortimer, a method of continuing the struggle

which was neither honest nor patriotic. At Amiens Lewis heard the

cause, and did not long hesitate about his answer, which was delivered

on January 23, 1264. By this award the King of France entirely annulled

the Provisions of Oxford, and all engagements which had been made

respecting them. Not content with doing this in general terms, he

forbade the making of new statutes, as proposed and carried out in the

Provisions of Westminster, ordered the restoration of the royal castles

to the king, restored to him the power of nominating the officers of

state and the sheriffs, the nomination of whom had been withdrawn from

him by the Provisions of Oxford; he annulled the order that natives of

England alone should govern the realm of England, and added that the

king should have full and free power in this kingdom as he had had in

time past. All this was in the king’s favor. The arbitrator, however,

added that all the charters issued before the time of the Provisions

should hold good, and that all parties should condone enmities and

injuries arising from the late troubles.

[Sidenote:

Motives for

the decision

of the

French king.

]

Lewis mentions as his chief motive for thus giving the verdict

practically in the king’s favor, the fact that the Provisions had

already been annulled by the Pope, and the parties bound by them

released from their oaths. But we cannot suppose that he was entirely

guided by this consideration; it is probable that he did not understand

the limits which the growth of constitutional life had put upon the

exercise of royal power as early as Magna Carta, or the shameless way

in which Henry had broken his engagements. He may, very reasonably,

have regarded England as much the same sort of country as his own, and

have seen in the strengthening of the royal power--a thing absolutely

necessary in France at the time--a measure as necessary for England. He

may have been moved by Henry’s own pleadings, or by the more weighty

if more moderate statements which we can imagine were laid before him,

by Edward. And the care that he shows for the restoration of peace and

good feeling, may well be interpreted to prove that, although his award

was more favorable to the one party than to the other, he yet did not

think the defeated party entirely in the wrong.

[Sidenote:

Effects of

the award

of Lewis.

]

The award, however, was entirely in favor of the crown. The new form

of government was already giving way, and both parties might have and

ought to have submitted to the sentence. Henry had had a severe lesson,

and might not offend again; the baronage had had their chance, and had

been found wanting both in unity of aim and in administrative power.

Neither party, however, acquiesced in the admonition, and each of

course laid on the other the blame of disregarding a judgment by which

both had sworn to stand. At first the war was continued on the Welsh

marches principally; Edward’s forces assisting Mortimer, and Montfort

continuing to support Llewelyn, the Prince of Wales, his opponent. But

when the king returned from France, as he did in February, the struggle

became general.

[Sidenote:

Military

successes of

the king and

of Simon de

Montfort.

]

The responsibility of this rests unquestionably with Simon de Montfort;

how far he was justified by the greatness of the necessity, is another

question. He had the sympathy of the Londoners, which was probably

shared by the burghers of the great towns, that of the clergy, except

those who were led by the Pope entirely, of the universities, and of

the great body of the people. The barons by themselves would have

treated with the king; they would probably have thrown over Earl

Simon, if only they could have got rid of the foreigners, and had

England for the English. On March 31, however, whilst negotiations were

proceeding, the Londoners broke into riot against the king, and he

in his anger put an end to the consultation. The war began favorably

for the king; Northampton was taken, Nottingham opened her gates, and

Tutbury, the castle of the Ferrers, surrendered to Edward. Earl Simon

had his successes too, and captured Warwick. Both parties then turned

southwards. Earl Simon besieged Rochester, the king marched to relieve

it. Henry also took Tunbridge, the Earl of Gloucester’s castle, for the

young Earl of Gloucester was now on the barons’ side; then he collected

his forces at Lewes, where he arrived in the first week of May.

[Sidenote:

Battle of

Lewes.

Victory of

the Barons.

]

Lewes castle belonged to the Earl of Warenne, who had throughout

stood on the king’s side. The barons also collected their host in the

immediate neighborhood; but before fighting they made one bid for

peace. The two bishops who were the chief political advisers of the

barons--the Bishops of Worcester and London--brought the proposition

to the king; they would give 50,000 marks in payment for damages done

in the late struggle, if he would confirm the Provisions of Oxford. The

offer was sealed by the Earls of Leicester and Gloucester, and dated on

May 13. The king returned an answer of defiance, which was accompanied

by a formal challenge on the part of the King of the Romans, Edward,

and the rest of the royalist barons. No time was lost; on the very

next day the battle was fought, and fortune declared against the king.

He had the larger force, but all the skill, care, and earnestness was

on the side of the barons. Simon, who had broken his leg a few months

before--an accident which prevented him from going to meet the King of

France at Amiens--had been obliged to use a carriage during the late

marches; he now posted his carriage in a conspicuous place, and himself

went elsewhere. Edward, thinking that if he could capture the earl, the

struggle would be over, attacked the post where the carriage was seen,

routed and pursued the defenders, and going too far in pursuit, left

his father exposed to the attack of the earl. King Henry was a brave

man, but of course no general, for he had never seen anything like

real war before. He defended himself stoutly; two horses were killed

under him, and he was wounded and bruised by the swords and maces of

his adversaries, who were in close hand-to hand combat. When he had

lost most of his immediate retainers, he retreated into the priory of

Lewes. The King of the Romans, who had commanded the centre of the

royal army, was already compelled to retreat, and, whilst Henry was

still struggling, had been taken captive in a windmill, which made the

adversaries very merry. A general rout followed. The baronial party was

victorious long before Edward returned from his unfortunate pursuit,

and many of the king’s most powerful friends secured themselves by

flight. The next day an arbitration was determined on, called the Mise

of Lewes, and the king gave himself and his son into the hands of

Simon, who, from that time to the end of the struggle in the next year,

ruled in the king’s name.

[Sidenote:

The Mise of

Lewes.

]

The Mise of Lewes contained seven articles, the most important of

which prescribed the employment of native counsellors, and bound the

king to act by the advice of the council which would be provided for

him. Measures were also taken for obtaining a new arbitration. Thus

England for the second time within seven years passed under a new

constitution. The system devised at the Council of Oxford in 1258 was

not revived, but a parliament was called for June 22, to devise or

ratify a new scheme. This assembly comprised four knights from each

shire, as well as the ordinary elements, the bishops and abbots, earls

and barons, who formed the usual parliament. In it the new form of

government was drawn up. This time the king was bound to act by the

advice of nine counsellors. Three electors or nominators were first

to be chosen--whether by the whole body of the parliament or by the

barons only, it is not said; and these three were to name the nine.

Of the nine three were to be in constant attendance on the king, and

his sovereign authority was, in fact, to be exercised by and through

them. They were to nominate the great functionaries of the state and

the other ministers whose appointment had before rested with the king,

and their authority was to last until all the points of controversy

were settled by the arbitration provided in the Mise of Lewes. The

three electors chosen were the Earls of Leicester and Gloucester

and the Bishop of Chichester, Stephen Berksted, a man who comes into

prominence now for the first time, but who was probably the agent of

the constitutional party among the clergy, which had been hitherto

represented by the Bishop of Worcester.

[Sidenote:

Conduct of

the new Government.

]

These men governed England until the battle of Evesham. But their reign

was not an easy or peaceful one. The Pope was still zealous for Henry,

and left no means untried by which the bishops might be detached from

the barons. The queen collected a great army in France and prepared to

invade England, assisted by the Archbishop of Canterbury, her uncle,

and all the English refugees who had come under the rod of Earl Simon.

Mortimer also made an attempt to prolong the state of war on the

border. Nothing, however, came of these preparations during this year:

the new government professed itself to be provisional, and negotiations

were resumed, by which the king of France, now better informed, was to

settle all controversies. In December a summons went forth for a new

parliament.

[Sidenote:

The Parliament

of Simon

de Montfort.

]

This is the famous parliament, as it is called, of Simon de Montfort,

the first assembly of the sort to which representatives of the borough

towns were called; and thus to some extent forms a landmark in English

history. It was not made a precedent, and in fact it is not till thirty

years after that the representatives of the towns begin regularly to

sit in parliament; but it is nevertheless a very notable date. Nor was

the assembly itself what would be called a full and free parliament,

only those persons being summoned who were favorable to the new

_regime_; but five earls and eighteen barons, and an overwhelming

number of the lower clergy, knights, and burghers, who were of

course supporters of Earl Simon. It met on January, 20, 1265, and did

not effect much. Edward, however, was allowed to make terms for his

liberation, and Simon secured for himself and his family the earldom

of Chester, giving up to Edward, however, other estates by way of

exchange. The liberation of Edward, who was released on the condition

of surrendering his castles, staying for three years in England and

keeping the peace, led immediately to the earl’s overthrow. Edward was

to live under surveillance at Hereford--far too near the Mortimers and

the Welsh border. This was carried out; Edward was liberated on March

10.

[Sidenote:

Impolicy of

Earl Simon’s

sons.

]

Already, however, dissensions were springing up. Earl Simon’s sons, who

did very little credit to his instructions, and on whom perhaps some of

the blame may rest of which otherwise it is impossible to acquit their

father, managed to offend the Earl of Gloucester. They challenged the

Clares to a tournament at Dunstable. When they were ready and already

angry and prepared to turn the festive meeting into a battle, it was

suddenly stopped by the king or by Earl Simon, acting in his name.

Gloucester and his kinsmen deemed themselves insulted, and immediately

began to negotiate with the Mortimers; and, when hostilities were just

beginning, Edward escaped from his honorable keeping at Hereford and

joined the party.

[Sidenote:

Battle of Evesham.

Death

of Earl Simon.

]

From this point action is rapid. Simon, with the king in his train,

marched into the West, and advanced into South Wales. Edward and

Gloucester, joined by Mortimer, mustered their adherents in the

Cheshire and Shropshire country, and then rushed down by way of

Worcester on the town of Gloucester, which surrendered on June, 29,

thus cutting off the earl’s return to England. The younger Simon de

Montfort, the earl’s second son, was summoned to his father’s aid, came

up from Pevensey, which he was besieging, plundered Winchester, and

took up his position at Kenilworth. His father meantime had got back to

Hereford and formed a plan for surrounding Edward. Edward, however, had

now learned vigilance and caution. He took the initiative, succeeded

in routing the young Simon and nearly capturing Kenilworth, and thus

turned the tables on the earl. Simon marched on to Evesham, expecting

to meet his son; instead of his son he met his nephew; and on August

4, the battle fought there reversed the judgment of Lewes. There the

great earl fell, and with him Hugh le Despenser, the baron’s justiciar,

fighting bravely, but without much hope.

[Sidenote:

Dictum de

Kenilworth.

]

[Sidenote:

Death of

Henry III.

]

The interest of the reign, and indeed its importance, ends here. Simon

is the hero of the latter part of it, and the death of Simon closes it,

although the king reigns for seven years longer. The war does not end

here: the remnant of the baronial party held out at Kenilworth until

October, 1266. There the last supporters of Earl Simon, the men whose

attitude towards Henry was unpardonable, had made their stand. The

final agreement which was drawn up at the siege, and which is called

the Dictum de Kenilworth, was intended to settle all differences, and

for the most part it did so, by allowing those who had incurred the

penalty of forfeiture to redeem their possessions by fines. But until

the end of 1267 there were constant outbreaks. The Isle of Ely was made

the refuge of one set, just as it had been two hundred years before, in

the time of the Conqueror. The Earl of Gloucester raised the banner

of revolt, declaring that the king was dealing too hardly with the

victims, and the Londoners were very loth indeed to lose the power and

advantages which they had secured by their alliance with Simon. But

gradually all the storm subsided. In the parliament of Marlborough,

in November, 1267, the King renewed the Provisions of Westminster of

1259, by which the most valuable legal reforms of the constitutional

party became embodied in statutes. In 1268 the papal legate held a

council for the permanent maintenance of peace, and Edward, with many

of the leading nobles, took the Cross. In 1270, they went on Crusade,

and the Londoners were restored to favor. In December, 1271 the King

of the Romans died, broken-hearted at the loss of his son Henry, who

was murdered by the Montforts at Viterbo. In 1272, on November 16,

Henry III., died; and so completely was the kingdom then at peace, that

Edward, although far away from England, was at once proclaimed king,

and oaths of fealty were taken to him in his absence.

[Sidenote:

The struggle

continued.

]

The long struggle had not yet come to an end: more than twenty years

were yet to elapse before Edward I. recognized the fundamental justice

of the claims of his subjects, and admitted all the estates to that

full and equal share in the action of the country which lies at the

basis of our national constitution. We may perhaps ask whether Simon

de Montfort deserves that character of a hero, the hero of mediæval

history, which is commonly attributed to him. We can only attempt to

realize the motives that swayed him. There is no doubt that he was a

great man, a much greater man as he was a much better and wiser man

than Henry, and perhaps better, certainly wiser and greater, than such

men as Gloucester. But that he was absolutely a patriot, or absolutely

wise and good, it is needless to affirm and impossible to prove; nor is

it necessary that in attempting to estimate his personal eminence we

are to look at him through the medium of his political glories. There

is no question that the objects which were aimed at by the baronial

policy were necessary, and the attainment of them, when they were

attained, was beneficial. It is possible, though not probable, that had

Simon never existed those objects would never have been attained; also

it is quite possible that if he had not forced on rebellion the objects

might have been attained long before they were. That we cannot decide.

But there are three points to be considered. Were the aims of the

barons beneficial? Was Simon a great and good man? Were all the motives

of his party and the means taken to realize them good and justifiable?

To the first two questions unhesitatingly we may answer, yes. The

barons wanted only what was fair. Simon de Montfort was a great and

good man. The third question is not so easy. It is better to allow that

there were mixed motives and unjustifiable expedients. Simon was not

successful as an administrator, he could not maintain peace even when

he had the whole kingdom at his feet. His expedient for governing was

fanciful and cumbrous. His own conduct in his elevation was not quite

free from the charge of rapacity. He stands out best and most grandly

in comparison with the meanness with which he was surrounded--the

paltry, faithless king, the selfish and unscrupulous baronage. He is

relatively great; but he is not perfect. He is scarcely a patriot--a

foreigner could hardly be expected to be so. He is somewhat more

distinctly a hero, but he never quite rids himself of the character of

the adventurer.

The early Plantagenets · 第 9 / 12 章