THE LATER YEARS OF HENRY III’S TROUBLED REIGN WERE MOMENTOUS in their consequences for the growth of English institutions. This may perhaps be called the seed-time of our Parliamentary system, though few participants in the sowing could have foreseen the results that were eventually to be achieved. The commission for reform set about its work seriously, and in 1258 its proposals were embodied in the Provisions of Oxford, supplemented and extended in 1259 by the Provisions of Westminster. This baronial movement represented something deeper than dislike of alien counsellors. For the two sets of Provisions, taken together, represent a considerable shift of interest from the standpoint of Magna Carta. The Great Charter was mainly concerned to define various points of law, whereas the Provisions of Oxford deal with the overriding question of by whose advice and through what officials royal government should be carried on. Many of the clauses of the Provisions of Westminster moreover mark a limitation of baronial rather than of royal jurisdiction. The fruits of Henry II’s work were now to be seen; the nation was growing stronger, more self-conscious and self-confident. The notable increase in judicial activity throughout the country, the more frequent visits of the judges and officials—all of them dependent upon local co-operation—educated the country knights in political responsibility and administration. This process, which shaped the future of English institutions, had its first effects in the thirteenth century.
The staple of the barons’ demand was that the King in future should govern by a Council of Fifteen, to be elected by four persons, two from the baronial party and two from the royal. It is significant that the King’s proclamation accepting the arrangement in English as well as French is the first public document to be issued in both languages since the time of William the Conqueror. For a spell this Council, animated and controlled by Simon de Montfort governed the land. They held each other in proper check, sharing among themselves the greater executive offices and entrusting the actual administration to “lesser men,” as was then widely thought to be desirable. The magnates, once their own class interests were guarded, and their rights—which up to a certain point were the rights of the nation—were secure, did not wish to put the levers of power in the hands of one or two of their number. This idea of a Cabinet of politicians, chosen from the patriciate, with their highly trained functionaries of no political status operating under them, had in it a long vitality and many resurrections.
It is about this time that the word “Parlement”—Parliament—began to be current. In 1086 William the Conqueror had “deep speech” with his wise men before launching the Domesday inquiry. In Latin this would have appeared as colloquium; and “colloquy” is the common name in the twelfth century for the consultations between the King and his magnates. The occasional colloquy “on great affairs of the Kingdom” can at this point be called a Parliament. But more often the word means the permanent Council of officials and judges which sat at Westminster to receive petitions, redress grievances, and generally regulate the course of the law. By the thirteenth century Parliament establishes itself as the name of two quite different, though united, institutions.
If we translate their functions into modern terms we may say that the first of these assemblies deals with policy, the second with legislation and administration. The debate on the Address at the beginning of a session is very like a colloquy, while the proceedings of “Parliament” have their analogue in the committee stage of a Bill. In the reign of Henry III, and even of Edward I, it was by no means a foregone conclusion that the two assemblies would be amalgamated. Rather did it look as if the English Constitution would develop as did the French Constitution, with a King in Council as the real Government, with the magnates reduced to a mere nobility, and “Parlement” only a clearinghouse for legal business. Our history did not take this course. In the first place the magnates during the century that followed succeeded in mastering the Council and identifying their interests with it. Secondly, the English counties had a life of their own, and their representatives at Westminster were to exercise increasing influence. But without the powerful impulse of Simon de Montfort these forces might not have combined to shape a durable legislative assembly.
The King, the Court party, and the immense foreign interests associated therewith had no intention of submitting indefinitely to the thraldom of the Provisions. Every preparation was made to recover the lost ground. In 1259 the King returned with hopes of foreign aid from Paris, where he had been to sign a treaty of peace with the French. His son Edward was already the rising star of all who wished to see a strong monarchy. Supporters of this cause appeared among the poor and turbulent elements in London and the towns. The enthusiasm of the revolution—for it was nothing less—had not been satisfied by a baronial victory. Ideas were afoot which would not readily be put to sleep. It is the merit of Simon de Montfort that he did not rest content with a victory by the barons over the Crown. He turned at once upon the barons themselves. If the King should be curbed, so also must they in their own spheres show respect for the general interest. Upon these issues the claims of the middle classes, who had played a great part in carrying the barons to supremacy, could not be disregarded. The “apprentice” or bachelor knights, who may be taken as voicing the wishes of the country gentry, formed a virile association of their own entitled “the Community of the Bachelors of England.” Simon de Montfort became their champion. Very soon he began to rebuke great lords for abuse of their privileges. He wished to extend to the baronial estates the reforms already undertaken in the royal administration. He addressed himself pointedly to Richard, Earl of Gloucester, who ruled wide estates in the South-West and in South Wales. He procured an ordinance from the Council making it plain that the great lords were under the royal authority, which was again—though this he did not stress—under the Council. Here was dictatorship in a new form. It was a dictatorship of the Commonwealth, but, as so often happens to these bold ideas, it expressed itself inevitably through a man and a leader. These developments split the baronial party from end to end; and the King and his valiant son Edward, striking in with all their own resources upon their divided opponents, felt they might put the matter to the proof.
At Easter in 1261 Henry, freed by the Pope from his oath to accept the Provisions of Oxford and Westminster, deposed the officials and Ministers appointed by the barons. There were now two Governments with conflicting titles, each interfering with the other. The barons summoned the representatives of the shires to meet them at St. Albans; the King summoned them to Windsor. Both parties competed for popular support. The barons commanded greater sympathy in the country, and only Gloucester’s opposition to de Montfort held them back from sharp action. After the death of Gloucester in July 1262 the baronial party rallied to de Montfort’s drastic policy. Civil war broke out, and Simon and his sons, all of whom played vigourous parts, a moiety of barons, the middle class, so far as it had emerged, and powerful allies in Wales together faced in redoubtable array the challenge of the Crown.
Simon de Montfort was a general as well as a politician. Nothing in his upbringing or circumstances would naturally have suggested to him the course he took. It is ungratefully asserted that he had no real conception of the ultimate meaning of his actions. Certainly he builded better than he knew. By September 1263 a reaction against him had become visible: he had succeeded only too well. Edward played upon the discontent among the barons, appealed to their feudal and selfish interest, fomented their jealousy of de Montfort, and so built up a strong royalist party. At the end of the year de Montfort had to agree to arbitration by Louis IX, the French king. The decision went against him. Loyal to his monarchial rank, the King of France defended the prerogative of the King of England and declared the Provisions to be illegal. As Louis was accepted as a saint in his own lifetime this was serious. Already however the rival parties had taken up arms. In the civil war that followed the feudal party more or less supported the King. The people, especially the towns, and the party of ecclesiastical reform, especially the Franciscans, rallied to de Montfort. New controls were improvised in many towns to defeat the royalist sympathies of the municipal oligarchies. In the summer of 1264 de Montfort once again came South to relieve the pressure which Henry and Edward were exerting on the Cinque Ports.
The King and Prince Edward met him in Sussex with a superior power. At Lewes a fierce battle was fought. In some ways it was a forerunner of Edgehill. Edward, like Rupert four hundred years later, conquered all before him, pursued incontinently, and returned to the battlefield only to find that all was lost. Simon had, with much craft and experience of war, laid a trap to which the peculiar conditions of the ground lent themselves, whereby when his centre had been pierced his two wings of armoured cavalry fell upon the royal main body from both flanks and crushed all resistance. He was accustomed at this time owing to a fall from his horse to be carried with the army in a sumptuous and brightly decorated litter, like the coach of an eighteenth-century general. In this he placed two or three hostages for their greater security, and set it among the Welsh in the centre, together with many banners and emblems suggesting his presence. Prince Edward, in his charge, captured this trophy, and killed the unlucky hostages from his own party who were found therein. But meanwhile the King and all his Court and principal supporters were taken prisoners by de Montfort, and the energetic prince returned only to share their plight.
Simon de Montfort was now in every respect master of England, and if he had proceeded in the brutal manner of modern times in several European countries by the wholesale slaughter of all who were in his power he might long have remained so. In those days however, for all their cruelty in individual cases, nothing was pushed to the last extreme. The influences that counted with men in contest for power at the peril of their lives were by no means only brutal. Force, though potent, was not sovereign. Simon made a treaty with the captive King and the beaten party, whereby the rights of the Crown were in theory respected, though in practice the King and his son were to be subjected to strict controls. The general balance of the realm was preserved, and it is clear from Simon’s action not only that he felt the power of the opposing forces, but that he aimed at their ultimate unification. He saw himself, with the King in his hands, able to use the authority of the Crown to control the baronage and create the far broader and better political system which, whether he aimed at it or not, must have automatically followed from his success. Thus he ruled the land, with the feeble King and the proud Prince Edward prisoners in his hands. This opens the third and final stage in his career.
All the barons, whatever party they had chosen, saw themselves confronted with an even greater menace than that from which they had used Simon to deliver them. The combination of Simon’s genius and energy with the inherent powers of a Plantagenet monarchy and the support of the middle classes, already so truculent, was a menace to their class privileges far more intimate and searching than the misgovernment of John or the foreign encumbrances of Henry III. Throughout these struggles of lasting significance the English barony never deviated from their own self-interest. At Runnymede they had served national freedom when they thought they were defending their own privilege. They had now no doubt that Simon was its enemy. He was certainly a despot, with a king in his wallet and the forces of social revolution at his back. The barons formed a hard confederacy among themselves, and with all the forces of the Court not in Simon’s hands schemed night and day to overthrow him.
For the moment de Montfort was content that the necessary steps should be taken by a council of nine who controlled expenditure and appointed officials. Any long-term settlement could be left until the Parliament which he had summoned for 1265. The Earl’s autocratic position was not popular, yet the country was in such a state of confusion that circumstances seemed to justify it. In the North and along the Welsh Marches the opposition was still strong and reckless; in France the Queen and the earls Hugh Bigod and Warenne intrigued for support; the Papacy backed the King. De Montfort kept command of the Narrow Seas by raising a fleet in the Cinque Ports and openly encouraging privateering. In the West however he lost the support of Gilbert de Clare, Earl of Gloucester and the son of his former rival Richard de Clare. Without openly joining the royalists Clare conspired with them and revived his father’s quarrel with de Montfort. Summoned to the Parliament of 1265, he replied by accusing the Earl of appropriating for himself and his sons the revenues of the Crown and the confiscated property of the opposition nobles. There was some truth in these accusations, but Clare’s main objection appears to have been that he did not share the spoils.
In January 1265 a Parliament met in London to which Simon summoned representatives both from the shires and from the towns. Its purpose was to give an appearance of legality to the revolutionary settlement, and this, under the guidance of de Montfort, it proceeded to do. Its importance lay however more in its character as a representative assembly than in its work. The constitutional significance which was once attached to it as the first representative Parliament in our history is somewhat discounted by modern opinion. The practical reason for summoning the strong popular element was de Montfort’s desire to weight the Parliament with his own supporters: among the magnates only five earls and eighteen barons received writs of summons. Again he fell back upon the support of the country gentry and the burgesses against the hostility or indifference of the magnates. In this lay his message and his tactics.
The Parliament dutifully approved of de Montfort’s actions and accepted his settlement embodied in the Provisions. But Clare’s withdrawal to the West could only mean the renewal of war. King Henry III abode docilely in Simon’s control, and was treated all the time with profound personal respect. Prince Edward enjoyed a liberty which could only have been founded upon his parole not to escape. However, as the baronial storm gathered and many divisions occurred in Simon’s party, and all the difficulties of government brought inevitable unpopularity in their train, he went out hunting one day with a few friends, and forgot to return as in honour bound. He galloped away through the woodland, first after the stag and then in quest of larger game. He at once became the active organising head of the most powerful elements in English life, to all of which the destruction of Simon de Montfort and his unheard-of innovations had become the supreme object. By promising to uphold the Charters, to remedy grievances and to expel the foreigners, Edward succeeded in uniting the baronial party and in cutting away the ground from under de Montfort’s feet. The Earl now appeared as no more than the leader of a personal faction, and his alliance with Llewellyn, by which he recognised the claims of the Welsh prince to territory and independence, compromised his reputation. Out-manœuvred politically by Edward, he had also placed himself at a serious military disadvantage. While Edward and the Marcher barons, as they were called, held the Severn valley de Montfort was penned in, his retreat to the east cut off, and his forces driven back into South Wales. At the beginning of August he made another attempt to cross the river and to join the forces which his son, Simon, was bringing up from the south-east. He succeeded in passing by a ford near Worcester, but his son’s forces were trapped by Edward near Kenilworth and routed. Unaware of this disaster, the Earl was caught in turn at Evesham; and here on August 4 the final battle took place.
It was fought in the rain and half-darkness of a sudden storm. The Welsh broke before Edward’s heavy horse, and the small group around de Montfort were left to fight desperately until sheer weight of numbers overwhelmed them. De Montfort died a hero on the field. The Marchers massacred large numbers of fugitives and prisoners and mutilated the bodies of the dead. The old King, a pathetic figure, who had been carried by the Earl in all his wanderings, was wounded by his son’s followers, and only escaped death by revealing his identity with the cry, “Slay me not! I am Henry of Winchester, your King.”
The great Earl was dead, but his movement lived widespread and deep throughout the nation. The ruthless, haphazard granting away of the confiscated lands after Evesham provoked the bitter opposition of the disinherited. In isolated centres at Kenilworth, Axholme, and Ely the followers of de Montfort held out, and pillaged the countryside in sullen despair. The Government was too weak to reduce them. The whole country suffered from confusion and unrest. The common folk did not conceal their partisanship for de Montfort’s cause, and rebels and outlaws beset the roads and forests. Foreign merchants were forbidden in the King’s name to come to England because their safety could not be guaranteed. A reversion to feudal independence and consequent anarchy appeared imminent. In these troubles Pope Clement IV and his Legate Ottobon enjoined moderation; and after a six-months unsuccessful siege of Kenilworth Edward realised that this was the only policy. There was strong opposition from those who had benefited from the confiscations. The Earl of Gloucester had been bitterly disillusioned by Edward’s repudiation of his promises of reform. Early in 1267 he demanded the expulsion of the aliens and the re-enactment of the Provisions. To enforce his demands he entered London with general acceptance. His action and the influence of the Legate secured pardon and good terms for the disinherited on the compromise principle of “No disinheritance, but repurchase.” Late in 1267 the justices were sent out through the country to apply these terms equitably. The records testify to the widespread nature of the disturbances and to the fact that locally the rebellion had been directed against the officials, that it had been supported by the lower clergy, with not a few abbots and priors, and that a considerable number of the country gentry not bound to the baronial side by feudal ties had supported de Montfort.
In the last years of his life, with de Montfort dead and Edward away on Crusade, the feeble King enjoyed comparative peace. More than half a century before, at the age of nine, he had succeeded to the troubled inheritance of his father in the midst of civil war. At times it had seemed as if he would also die in the midst of civil war. At last however the storms were over: he could turn back to the things of beauty that interested him far more than political struggles. The new Abbey of Westminster, a masterpiece of Gothic architecture, was now dedicated; its consecration had long been the dearest object of Henry III’s life. And here in the last weeks of 1272 he was buried.
The quiet of these last few years should not lead us to suppose that de Montfort’s struggle and the civil war had been in vain. Among the common people he was for many years worshipped as a saint, and miracles were worked at his tomb. Their support could do nothing for him at Evesham, but he had been their friend, he had inspired the hope that he could end or mend the suffering and oppression of the poor; for this they remembered him when they had forgotten his faults. Though a prince among administrators, he suffered as a politician from over-confidence and impatience. He trampled upon vested interests, broke with all traditions, did violence to all forms, and needlessly created suspicion and distrust. Yet de Montfort had lighted a fire never to be quenched in English history. Already in 1267 the Statute of Marlborough had re-enacted the chief of the Provisions of Westminster. Not less important was his influence upon his nephew, Edward, the new King, who was to draw deeply upon the ideas of the man he had slain. In this way de Montfort’s purposes survived both the field of Evesham and the reaction which succeeded it, and in Edward I the great Earl found his true heir.