Volume Ii Part 2 (1/2)

[Sidenote: The Provisions of Oxford]

Faith and prophecy seemed justified by the growing strength of the British people. The weakness and dissensions which characterized the reign of Henry the Third enabled Llewelyn ap Jorwerth to preserve a practical independence till the close of his life, when a fresh acknowledgement of the English supremacy was wrested from him by Archbishop Edmund. But the triumphs of his arms were renewed by Llewelyn the son of Gruffydd, who followed him in 1246. The raids of the new chieftain swept the border to the very gates of Chester, while his conquest of Glamorgan seemed to bind the whole people together in a power strong enough to meet any attack from the stranger. So pressing was the danger that it called the king's eldest son, Edward, to the field; but his first appearance in arms ended in a crus.h.i.+ng defeat. The defeat however remained unavenged. Henry's dreams were of mightier enterprises than the reduction of the Welsh. The Popes were still fighting their weary battle against the House of Hohenstaufen, and were offering its kingdom of Sicily, which they regarded as a forfeited fief of the Holy See, to any power that would aid them in the struggle. In 1254 it was offered to the king's second son, Edmund. With imbecile pride Henry accepted the offer, prepared to send an army across the Alps, and pledged England to repay the sums which the Pope was borrowing for the purposes of his war. In a Parliament at the opening of 1257 he demanded an aid and a tenth from the clergy. A fresh demand was made in 1258. But the patience of the realm was at last exhausted. Earl Simon had returned in 1253 from his government of Gascony, and the fruit of his meditations during the four years of his quiet stay at home, a quiet broken only by short emba.s.sies to France and Scotland which showed there was as yet no open quarrel with Henry, was seen in a league of the baronage and in their adoption of a new and startling policy. The past half-century had shown both the strength and weakness of the Charter: its strength as a rallying-point for the baronage and a definite a.s.sertion of rights which the king could be made to acknowledge; its weakness in providing no means for the enforcement of its own stipulations. Henry had sworn again and again to observe the Charter and his oath was no sooner taken than it was unscrupulously broken. The barons had secured the freedom of the realm; the secret of their long patience during the reign of Henry lay in the difficulty of securing its right administration. It was this difficulty which Earl Simon was prepared to solve when action was forced on him by the stir of the realm. A great famine added to the sense of danger from Wales and from Scotland and to the irritation at the new demands from both Henry and Rome with which the year 1258 opened. It was to arrange for a campaign against Wales that Henry called a parliament in April. But the baronage appeared in arms with Gloucester and Leicester at their head. The king was forced to consent to the appointment of a committee of twenty-four to draw up terms for the reform of the state. The Twenty-four again met the Parliament at Oxford in June, and although half the committee consisted of royal ministers and favourites it was impossible to resist the tide of popular feeling. Hugh BiG.o.d, one of the firmest adherents of the two Earls, was chosen as Justiciar. The claim to elect this great officer was in fact the leading point in the baronial policy. But further measures were needed to hold in check such arbitrary misgovernment as had prevailed during the last twenty years. By the ”Provisions of Oxford” it was agreed that the Great Council should a.s.semble thrice in the year, whether summoned by the king or no; and on each occasion ”the Commonalty shall elect twelve honest men who shall come to the Parliaments, and at other times when occasion shall be when the King and his Council shall send for them, to treat of the wants of the king and of his kingdom. And the Commonalty shall hold as established that which these Twelve shall do.” Three permanent committees of barons and prelates were named to carry out the work of reform and administration. The reform of the Church was left to the original Twenty-four; a second Twenty-four negotiated the financial aids; a Permanent Council of Fifteen advised the king in the ordinary work of government. The complexity of such an arrangement was relieved by the fact that the members of each of these committees were in great part the same persons. The Justiciar, Chancellor, and the guardians of the king's castles swore to act only with the advice and a.s.sent of the Permanent Council, and the first two great officers, with the Treasurer, were to give account of their proceedings to it at the end of the year. Sheriffs were to be appointed for a single year only, no doubt by the Council, from among the chief tenants of the county, and no undue fees were to be exacted for the administration of justice in their court.

[Sidenote: Government of the Barons]

A royal proclamation in the English tongue, the first in that tongue since the Conquest which has reached us, ordered the observance of these Provisions. The king was in fact helpless, and resistance came only from the foreign favourites, who refused to surrender the castles and honours which had been granted to them. But the Twenty-four were resolute in their action; and an armed demonstration of the barons drove the foreigners in flight over sea. The whole royal power was now in fact in the hands of the committees appointed by the Great Council. But the measures of the barons showed little of the wisdom and energy which the country had hoped for. In October 1259 the knighthood complained that the barons had done nothing but seek their own advantage in the recent changes. This protest produced the Provisions of Westminster, which gave protection to tenants against their feudal lords, regulated legal procedure in the feudal courts, appointed four knights in each s.h.i.+re to watch the justice of the sheriffs, and made other temporary enactments for the furtherance of justice. But these Provisions brought little fruit, and a tendency to mere feudal privilege showed itself in an exemption of all n.o.bles and prelates from attendance at the Sheriff's courts. Their foreign policy was more vigorous and successful. All further payment to Rome, whether secular or ecclesiastical, was prohibited, formal notice was given to the Pope of England's withdrawal from the Sicilian enterprise, peace put an end to the incursions of the Welsh, and negotiations on the footing of a formal abandonment of the king's claim to Normandy, Anjou, Maine, Touraine, and Poitou ended in October 1259 in a peace with France.

[Sidenote: Simon and the Baronage]

This peace, the triumph of that English policy which had been struggling ever since the days of Hubert de Burgh with the Continental policy of Henry and his foreign advisers, was the work of the Earl of Leicester. The revolution had doubtless been mainly Simon's doing. In the summer of 1258, while the great change was going on, a thunderstorm drove the king as he pa.s.sed along the river to the house of the Bishop of Durham where the Earl was then sojourning. Simon bade Henry take shelter with him and have no fear of the storm. The king refused with petulant wit. ”If I fear the thunder, I fear you, Sir Earl, more than all the thunder in the world.” But Simon had probably small faith in the c.u.mbrous system of government which the Barons devised, and it was with reluctance that he was brought to swear to the Provisions of Oxford which embodied it. With their home government he had little to do, for from the autumn of 1258 to that of 1259 he was chiefly busied in negotiation in France. But already his breach with Gloucester and the bulk of his fellow councillors was marked. In the Lent Parliament of 1259 he had reproached them, and Gloucester above all, with faithlessness to their trust. ”The things we are treating of,” he cried, ”we have sworn to carry out. With such feeble and faithless men I care not to have ought to do!” The peace with France was hardly signed when his distrust of his colleagues was verified. Henry's withdrawal to the French court at the close of the year for the formal signature of the treaty was the signal for a reactionary movement. From France the king forbade the summoning of a Lent Parliament in 1260 and announced his resumption of the enterprise against Sicily. Both acts were distinct breaches of the Provisions of Oxford, but Henry trusted to the divisions of the Twenty-four. Gloucester was in open feud with Leicester; the Justiciar, Hugh BiG.o.d, resigned his office in the spring; and both of these leaders drew cautiously to the king. Roger Mortimer and the Earls of Hereford and Norfolk more openly espoused the royal cause, and in February 1260 Henry had gained confidence enough to announce that as the barons had failed to keep their part of the Provisions he should not keep his.

[Sidenote: The Counter Revolution]

Earl Simon almost alone remained unshaken. But his growing influence was seen in the appointment of his supporter, Hugh Despenser, as Justiciar in BiG.o.d's place, while his strength was doubled by the accession of the King's son Edward to his side. In the moment of the revolution Edward had vehemently supported the party of the foreigners. But he had sworn to observe the Provisions, and the fidelity to his pledge which remained throughout his life the chief note of his temper at once showed itself.

Like Simon he protested against the faithlessness of the barons in the carrying out of their reforms, and it was his strenuous support of the pet.i.tion of the knighthood that brought about the additional Provisions of 1259. He had been brought up with Earl Simon's sons, and with the Earl himself his relations remained friendly even at the later time of their fatal hostilities. But as yet he seems to have had no distrust of Simon's purposes or policy. His adhesion to the Earl recalled Henry from France; and the king was at once joined by Gloucester in London while Edward and Simon remained without the walls. But the love of father and son proved too strong to bear political severance, and Edward's reconciliation foiled the Earl's plans. He withdrew to the Welsh border, where fresh troubles were breaking out, while Henry prepared to deal his final blow at the government which, tottering as it was, still held him in check. Rome had resented the measures which had put an end to her extortions, and it was to Rome that Henry looked for a formal absolution from his oath to observe the Provisions. In June 1261 he produced a Bull annulling the Provisions and freeing him from his oath in a Parliament at Winchester. The suddenness of the blow forbade open protest and Henry quickly followed up his victory.

Hugh BiG.o.d, who had surrendered the Tower and Dover in the spring, surrendered the other castles he held in the autumn. Hugh Despenser was deposed from the Justiciars.h.i.+p and a royalist, Philip Ba.s.set, appointed in his place.

[Sidenote: Simon's rising]

The news of this counter-revolution reunited for a moment the barons.

Gloucester joined Earl Simon in calling an autumn Parliament at St.

Alban's, and in summoning to it three knights from every s.h.i.+re south of Trent. But the union was a brief one. Gloucester consented to refer the quarrel with the king to arbitration and the Earl of Leicester withdrew in August to France. He saw that for the while there was no means of withstanding Henry, even in his open defiance of the Provisions. Foreign soldiers were brought into the land; the king won back again the appointment of sheriffs. For eighteen months of this new rule Simon could do nothing but wait. But his long absence lulled the old jealousies against him. The confusion of the realm and a fresh outbreak of troubles in Wales renewed the disgust at Henry's government, while his unswerving faithfulness to the Provisions fixed the eyes of all Englishmen upon the Earl as their natural leader. The death of Gloucester in the summer of 1262 removed the one barrier to action; and in the spring of 1263 Simon landed again in England as the unquestioned head of the baronial party. What immediately forced him to action was a march of Edward with a body of foreign troops against Llewelyn, who was probably by this time in communication if not in actual alliance with the Earl. The chief opponents of Llewelyn among the Marcher Lords were ardent supporters of Henry's misgovernment, and when a common hostility drew the Prince and Earl together, the const.i.tutional position of Llewelyn as an English n.o.ble gave formal justification for co-operation with him. At Whitsuntide the barons met Simon at Oxford and finally summoned Henry to observe the Provisions.

His refusal was met by an appeal to arms. Throughout the country the younger n.o.bles flocked to Simon's standard, and the young Earl of Gloucester, Gilbert of Clare, became his warmest supporter. His rapid movements foiled all opposition. While Henry vainly strove to raise money and men, Simon swept the Welsh border, marched through Reading on Dover, and finally appeared before London.

[Sidenote: Mise of Amiens]

The Earl's triumph was complete. Edward after a brief attempt at resistance was forced to surrender Windsor and disband his foreign troops. The rising of London in the cause of the barons left Henry helpless. But at the moment of triumph the Earl saw himself anew forsaken. The bulk of the n.o.bles again drew towards the king; only six of the twelve barons who had formed the patriot half of the committee of 1258, only four of the twelve representatives of the community at that date, were now with the Earl. The dread too of civil war gave strength to the cry for a compromise, and at the end of the year it was agreed that the strife should be left to the arbitration of the French king, Lewis the Ninth. But saint and just ruler as he was, the royal power was in the conception of Lewis a divine thing, which no human power could limit or fetter, and his decision, which was given in January 1264, annulled the whole of the Provisions. Only the Charters granted before the Provisions were to be observed. The appointment and removal of all officers of state was to be wholly with the king, and he was suffered to call aliens to his councils if he would. The Mise of Amiens was at once confirmed by the Pope, and, crus.h.i.+ng blow as it was, the barons felt themselves bound by the award. It was only the exclusion of aliens--a point which they had not purposed to submit to arbitration--which they refused to concede. Luckily Henry was as inflexible on this point as on the rest, and the mutual distrust prevented any real accommodation.

[Sidenote: Battle of Lewes]

But Henry had to reckon on more than the baronage. Deserted as he was by the greater n.o.bles, Simon was far from standing alone. Throughout the recent struggle the new city governments of the craft-gilds, which were known by the name of ”Communes,” had shown an enthusiastic devotion to his cause. The queen was stopped in her attempt to escape from the Tower by an angry mob, who drove her back with stones and foul words. When Henry attempted to surprise Leicester in his quarters at Southwark, the Londoners burst the gates which had been locked by the richer burghers against him, and rescued him by a welcome into the city. The clergy and the universities went in sympathy with the towns, and in spite of the taunts of the royalists, who accused him of seeking allies against the n.o.bility in the common people, the popular enthusiasm gave a strength to the Earl which sustained him even in this darkest hour of the struggle. He at once resolved on resistance. The French award had luckily reserved the rights of Englishmen to the liberties they had enjoyed before the Provisions of Oxford, and it was easy for Simon to prove that the arbitrary power it gave to the Crown was as contrary to the Charter as to the Provisions themselves. London was the first to reject the decision; in March 1264 its citizens mustered at the call of the town-bell at Saint Paul's, seized the royal officials, and plundered the royal parks. But an army had already mustered in great force at the king's summons, while Leicester found himself deserted by the bulk of the baronage. Every day brought news of ill. A detachment from Scotland joined Henry's forces. The younger De Montfort was taken prisoner. Northampton was captured, the king raised the siege of Rochester, and a rapid march of Earl Simon's only saved London itself from a surprise by Edward. But, betrayed as he was, the Earl remained firm to the cause. He would fight to the end, he said, even were he and his sons left to fight alone. With an army reinforced by 15,000 Londoners, he marched in May to the relief of the Cinque Ports which were now threatened by the king. Even on the march he was forsaken by many of the n.o.bles who followed him. Halting at Fletching in Suss.e.x, a few miles from Lewes, where the royal army was encamped, Earl Simon with the young Earl of Gloucester offered the king compensation for all damage if he would observe the Provisions. Henry's answer was one of defiance, and though numbers were against him, the Earl resolved on battle. His skill as a soldier reversed the advantages of the ground; marching at dawn on the 14th of May he seized the heights eastward of the town, and moved down these slopes to an attack. His men with white crosses on back and breast knelt in prayer before the battle opened, and all but reached the town before their approach was perceived. Edward however opened the fight by a furious charge which broke the Londoners on Leicester's left. In the bitterness of his hatred for the insult to his mother he pursued them for four miles, slaughtering three thousand men. But he returned to find the battle lost.

Crowded in the narrow s.p.a.ce between the heights and the river Ouse, a s.p.a.ce broken by marshes and by the long street of the town, the royalist centre and left were crushed by Earl Simon. The Earl of Cornwall, now King of the Romans, who, as the mocking song of the victors ran, ”makede him a castel of a mulne post” (”he weened that the mill-sails were mangonels” goes on the sarcastic verse), was taken prisoner, and Henry himself captured.

Edward cut his way into the Priory only to join in his father's surrender.

[Sidenote: Simon's rule]

The victory of Lewes placed Earl Simon at the head of the state. ”Now England breathes in the hope of liberty,” sang a poet of the time; ”the English were despised like dogs, but now they have lifted up their head and their foes are vanquished.” But the moderation of the terms agreed upon in the Mise of Lewes, a convention between the king and his captors, shows Simon's sense of the difficulties of his position. The question of the Provisions was again to be submitted to arbitration; and a parliament in June, to which four knights were summoned from every county, placed the administration till this arbitration was complete in the hands of a new council of nine to be nominated by the Earls of Leicester and Gloucester and the patriotic Bishop of Chichester. Responsibility to the community was provided for by the declaration of a right in the body of barons and prelates to remove either of the Three Electors, who in turn could displace or appoint the members of the Council. Such a const.i.tution was of a different order from the c.u.mbrous and oligarchical committees of 1258. But it had little time to work in. The plans for a fresh arbitration broke down. Lewis refused to review his decision, and all schemes for setting fresh judges between the king and his people were defeated by a formal condemnation of the barons' cause issued by the Pope. Triumphant as he was indeed Earl Simon's difficulties thickened every day. The queen with Archbishop Boniface gathered an army in France for an invasion; Roger Mortimer with the border barons was still in arms and only held in check by Llewelyn. It was impossible to make binding terms with an imprisoned king, yet to release Henry without terms was to renew the war. The imprisonment too gave a shock to public feeling which thinned the Earl's ranks. In the new Parliament which he called at the opening of 1265 the weakness of the patriotic party among the baronage was shown in the fact that only twenty-three earls and barons could be found to sit beside the hundred and twenty ecclesiastics.

[Sidenote: Summons of the Commons]

But it was just this sense of his weakness which prompted the Earl to an act that has done more than any incident of this struggle to immortalize his name. Had the strife been simply a strife for power between the king and the baronage the victory of either would have been equally fatal in its results. The success of the one would have doomed England to a royal despotism, that of the other to a feudal aristocracy. Fortunately for our freedom the English baronage had been brought too low by the policy of the kings to be able to withstand the crown single-handed. From the first moment of the contest it had been forced to make its cause a national one.

The summons of two knights from each county, elected in its county court, to a Parliament in 1254, even before the opening of the struggle, was a recognition of the political weight of the country gentry which was confirmed by the summons of four knights from every county to the Parliament a.s.sembled after the battle of Lewes. The Provisions of Oxford, in stipulating for attendance and counsel on the part of twelve delegates of the ”commonalty,” gave the first indication of a yet wider appeal to the people at large. But it was the weakness of his party among the baronage at this great crisis which drove Earl Simon to a const.i.tutional change of mighty issue in our history. As before, he summoned two knights from every county. But he created a new force in English politics when he summoned to sit beside them two citizens from every borough. The attendance of delegates from the towns had long been usual in the county courts when any matter respecting their interests was in question; but it was the writ issued by Earl Simon that first summoned the merchant and the trader to sit beside the knight of the s.h.i.+re, the baron, and the bishop in the parliament of the realm.