SIMON DE MONTFORT'S SCHEME OF GOVERNMENT (1264).
Source.—Rymer's Fœdera, vol. i., p. 443.
For the amendment of the state of the kingdom of England there shall be elected and nominated three discreet and faithful men of the realm, who shall receive authority and power from the lord King to elect or nominate, in the King's place, nine counsellors. Of these, three at least, in turn, shall always be present at the Court; and the lord King, by advice of the aforesaid nine, shall ordain and dispose of the wardenship of castles and all other business of the kingdom. The lord King, also, acting on the advice of the same nine, shall appoint the Justiciar, Chancellor, Treasurer, and other greater and lesser officials who have to do with any matters pertaining to the government of Court and kingdom. The first electors or nominators shall swear that, obeying the dictates of conscience, they will elect or nominate counsellors whom they believe to be useful and faithful to the honour of God and the Church, and to the lord King and kingdom. Further, the counsellors and all officials, greater and lesser, shall swear on appointment that they will faithfully carry out their duties, so far as they can, to the honour of God and the Church, and the good of the lord King and kingdom, taking no gifts, except the meat and drink commonly presented for the table. But if the aforesaid counsellors, or any one of them, in carrying out the duties entrusted to them, shall be found guilty of malversation, or for any other cause shall require to be changed, the lord King, by the advice of the first three electors or nominators, shall dismiss those requiring dismissal, and in their place, by advice of the same three, appoint and substitute other faithful and suitable men. If the greater or lesser officials shall be found guilty of malversation in their offices, the lord King, on the advice of the aforesaid nine, shall remove them, and by the same advice substitute others without delay. If the first three electors or nominators, in the election or nomination of counsellors, or the counsellors in the appointment of officials, or in carrying out or accomplishing other business pertaining to the King or kingdom, shall disagree, whatever is determined on or ordained by two-thirds shall be firmly observed; provided that among these two-thirds shall be a prelate of the Church in all ecclesiastical matters. And if it should happen that two-thirds of the aforesaid nine do not agree about any matter, the dispute shall be referred to the determination of the first three electors or nominators, or the greater part thereof. And should it seem fitting to the general body of prelates and Barons together that some person or persons should be appointed in the place of, or be substituted for any of the first three nominators, the lord King, on the advice of the general body of prelates and Barons, shall do so. The lord King (or the counsellors themselves, in place of, and by authority of the King), shall carry out all the aforesaid matters by advice of the nine in the form above described; the present ordinance being intended to hold good until the provisions of the Mise drawn up at Lewes, and afterwards signed by both sides, be jointly carried out, or other provisions approved of by both parties be substituted.
Given in Parliament at London, in the month of June, 1264.