At length Henry persuaded himself that the time had arrived when he might resume his authority. He unexpectedly entered the council, and in a tone of dignity reproached the members with their affected delays and their breach of trust. They had been established to reform the State, improve the revenue, and discharge his debts; but they had neglected these objects, and had labored only to enrich themselves and to perpetuate their own power. He should, therefore, no longer consider them as his council, but employ such other remedies as he thought proper. He immediately repaired to the Tower, which had lately been fortified; seized on the treasure in the mint; ordered the gates of London to be closed; compelled all the citizens above twelve years of age to swear fealty in their respective wardmotes; and by proclamation commanded the knights of the several counties to attend the next parliament in arms. The barons immediately assembled their retainers, and marched to the neighborhood of the capital; but each party, diffident of its strength, betrayed an unwillingness to begin hostilities; and it was unanimously agreed to postpone the discussion of their differences till the return of Prince Edward, who was in France displaying his prowess at a tournament. He returned in haste, and, to the astonishment of all who were not in the secret, embraced the interests of the barons.
Henry, however, persevered in his resolution. By repeated desertions the party of his enemies had been reduced to the two earls of Leicester and Gloucester, the grand justiciary, the Bishop of Worcester, and Hugh de Montfort, whose principal dependence was on the oath which the King and the nation had taken to observe the Provisions of Oxford. To this argument it was replied that the same authority which enacted the law was competent to repeal it; and that an oath which should deprive the parliament of such right was in its own nature unjust and consequently invalid. For greater security, however, the King applied to Pope Alexander, who by several bulls released both him and the nation from their oaths, on the principle that the Provisions of Oxford were injurious to the State, and therefore incompatible with their previous obligations. These bulls Henry published, appointed a new justiciary and chancellor, removed the officers of his household, revoked to himself the custody of the royal castles, named new sheriffs in the counties, and by proclamation announced that he had resumed the exercise of the royal authority. This was followed by another proclamation to refute the false reports circulated by the barons.
The King, now finding himself at liberty, was induced to visit Louis of France; and Leicester embraced the opportunity to return to England and reorganize the association which had so lately been dissolved. His hopes of success were founded on the pride and imprudence of Prince Edward, who, untaught by experience, had called around him a guard of foreigners, and intrusted to their leaders the custody of his castles. Such conduct not only awakened the jealousy of the barons, but alienated the affections of the royalists. Henry, at his return, aware of the designs of his enemies, ordered the citizens of London, the inhabitants of the Cinque Ports, and the principal barons, and afterward all freemen throughout the kingdom, to swear fealty not only to himself but, in the event of his death, to his eldest son the Prince Edward. To the second oath the Earl of Gloucester objected. He was immediately joined at Oxford by his associates; and in a few days the Earl of Leicester appeared at their head. With the royal banner displayed before them, they took Gloucester, Worcester, and Bridgenorth; ravaged without mercy the lands of the royalists, the foreigners, and the natives who refused to join their ranks, and, augmenting their numbers as they advanced, directed their march toward London. In London the aldermen and principal citizens were devoted to the King: the mayor and the populace openly declared for the barons. Henry was in possession of the Tower; and Edward, after taking by force one thousand marks out of the temple, hastened to throw himself into the castle of Windsor, the most magnificent palace, if we may believe a contemporary, then existing in Europe. The Queen attempted to follow her son by water; but the populace insulted her with the most opprobrious epithets, discharged volleys of filth into the royal barge, and prepared to sink it with large stones as it should pass beneath the bridge. The mayor at length took her under his protection and placed her in safety in the episcopal palace near St. Paul's.
The King of the Romans now appeared again on the scene in the quality of mediator. The negotiation lasted three weeks: but Henry was compelled to yield to the increasing power of his adversaries; and it was agreed that the royal castles should once more be intrusted to the custody of the barons, the foreigners be again banished, and the Provisions of Oxford be confirmed, subject to such alterations as should be deemed proper by a committee appointed for that purpose. Henry returned to his palace at Westminster; new officers of state were selected; and the King's concessions were notified to the conservators of the peace in the several counties.
The King now found himself sufficiently strong to take the field. He was disappointed in an attempt to obtain possession of Dover; but nearly succeeded in surprising the Earl of Leicester, who with a small body of forces had marched from Kenilworth to Southwark. Henry appeared on one side of the town, the Prince on the other; and the royalists had previously closed the gates of the city. So imminent was the danger that the Earl, who had determined not to yield, advised his companions to assume the cross, and to prepare themselves for death by the offices of religion. But the opportunity was lost by a strict adherence to the custom of the times. A herald was sent to require him to surrender; and in the mean while the populace, acquainted with the danger of their favorite, burst open the gates and introduced him into the city.
The power of the two parties was now more equally balanced, and their mutual apprehensions inclined them to listen to the pacific exhortations of the bishops. It was agreed to refer every subject of dispute to the arbitration of the King of France; an expedient which had been proposed the last year by Henry, but rejected by Leicester. Louis accepted the honorable office, and summoned the parties to appear before him at Amiens. The King attended in person; the earl, who was detained at home in consequence of a real or pretended fall from his horse, had sent his attorneys. Both parties solemnly swore to abide by the decision of the French monarch. Louis heard the allegations and arguments of each, consulted his court, and pronounced judgment in favor of Henry. He annulled the Provisions of Oxford as destructive of the rights of the crown and injurious to the interests of the nation; ordered the royal castles to be restored; gave to the King the authority to appoint all the officers of the state and of his household, and to call to his council whomsoever he thought proper, whether native or foreigner; reinstated him in the same condition in which he was before the meeting of the "Mad Parliament," and ordered that all offences committed by either party should be buried in oblivion. This award was soon afterward confirmed by Pope Urban; and the Archbishop of Canterbury received an order to excommunicate all who, in violation of their oaths, should refuse to submit to it.
The barons had already taken their resolution. The moment the decision was announced to them they declared that it was, on the face of it, contrary to truth and justice, and had been procured by the undue influence which the Queen of Louis, the sister-in-law to Henry, possessed over the mind of her husband. Hostilities immediately recommenced; and as every man of property was compelled to adhere to one of the two parties, the flames of civil war were lighted up in almost every part of the kingdom. In the North, and in Cornwall and Devon, the decided superiority of the royalists forced the friends of the barons to dissemble their real sentiments; the midland counties and the marches of Wales were pretty equally divided: but in the Cinque Ports, the metropolis, and the neighboring districts Montfort ruled without opposition. His partisan, Thomas Fitz-Thomas, had been intruded into the office of mayor of London; and a convention for their mutual security had been signed by that officer and the commonalty of the city on the one part, and the earls of Leicester, Gloucester, and Derby, Hugh le Despenser, the grand justiciary, and twelve barons on the other. In the different wardmotes every male inhabitant above twelve years of age was sworn a member of the association: a constable and marshal of the city were appointed; and orders were given that at the sound of the great bell at St. Paul's all should assemble in arms and obey the authority of these officers. The efficacy of the new arrangements was immediately put to the test. Despenser, the justiciary, came from the Tower, put himself at the head of the associated bands, and conducted them to destroy the two palaces of the King of the Romans, at Isleworth and Westminster, and the houses of the nobility and citizens known or suspected to be attached to the royal cause. The justices of the king's bench and the barons of the exchequer were thrown into prison; the moneys belonging to foreign merchants and bankers, which for security had been deposited in the churches, were carried to the Tower; and the Jews, to the number of five hundred, men, women, and children, were conducted to a place of confinement. Out of these, Despenser selected a few of the more wealthy, that he might enrich himself by their ransom; the rest he abandoned to the cruelty and rapacity of the populace, who, after stripping them of their clothes, massacred them all in cold blood. Cock ben Abraham, who was considered the most opulent individual in the kingdom, had been killed in his own house by John Fitz-John, one of the barons. The murderer at first appropriated to himself the treasure of his victim; but he afterward thought it more prudent to secure a moiety, by making a present of the remainder to Leicester.[61]
Henry had summoned the tenants of the crown to meet him at Oxford; and being joined by Comyn, Bruce, and Baliol, the lords of the Scottish borders, unfurled his standard and placed himself at the head of the army. His first attempts were successful. Northampton, Leicester, and Nottingham, three of the strongest fortresses in the possession of the barons, were successively reduced; and among the captives were reckoned Simon the eldest of Leicester's sons, fourteen other bannerets, forty knights, and a numerous body of esquires. From Nottingham he was recalled into Kent by the danger of his nephew Henry, besieged in the castle of Rochester, At his approach the enemy, who had taken and pillaged the city, retired with precipitation; and the King, after an ineffectual attempt to secure the coöperation of the Cinque Ports, fixed his head-quarters in the town of Lewes.
Leicester, having added a body of fifteen thousand citizens to his army, marched from London, with a resolution to bring the controversy to an issue. From Fletching he despatched a letter to Henry, protesting that neither he nor his associates had taken up arms against the King, but against the evil counsellors who enjoyed and abused the confidence of their sovereign. Henry returned a public defiance, which was accompanied by a message from Prince Edward and the King of the Romans, declaring in the name of the royal barons that the charge was false; pronouncing Montfort and his adherents perjured; and daring the earls of Leicester and Derby to appear in the King's court and prove their assertion by single combat. After the observation of these forms, which the feudal connection between the lord and the vassal was supposed to make necessary, Montfort prepared for the battle. It was the peculiar talent of this leader to persuade his followers that the cause in which they fought was the cause of heaven. He represented to them that their objects were liberty and justice; and that their opponent was a prince whose repeated violation of the most solemn oaths had released them from their allegiance, and had entailed on his head the curse of the Almighty. He ordered each man to fasten a white cross on the breast and shoulder, and to devote the next evening to the duties of religion. Early in the morning he marched forward, and, leaving his baggage and standard on the summit of a hill, about two miles from Lewes, descended into the plain. Henry's foragers had discovered and announced his approach; and the royalists in three divisions silently awaited the attack. Leicester, having called before the ranks the Earl of Gloucester and several other young noblemen, bade them kneel down, and conferred on them the order of knighthood; and the Londoners, who impatiently expected the conclusion of the ceremony, rushed with loud shouts on the enemy. They were received by Prince Edward, broken in a few minutes, and driven back as far as the standard. Had the Prince returned from the pursuit, and fallen on the rear of the confederates, the victory might have been secured. But he remembered the insults which the citizens had offered to his mother, and the excesses of which they had lately been guilty; the suggestions of prudence were less powerful than the thirst of revenge; and the pursuit of the fugitives carried him with the flower of the army four miles from the field of battle. More than three thousand Londoners were slain; but the advantage was dearly purchased by the loss of the victory and the ruin of the royal cause. Leicester, who viewed with pleasure the thoughtless impetuosity of the Prince, fell with the remainder of his forces on Henry and his brother. A body of Scots, who fought on foot, was cut to pieces. Their leaders, John Comyn and Robert de Bruce,[62] were made prisoners: the same fate befell the King of the Romans; and the combat was feebly maintained by the exertions and example of Philip Basset, who fought near the person of Henry. But when that nobleman sank through loss of blood, his retainers fled; the King, whose horse had been killed under him, surrendered; and Leicester conducted the royal captive into the priory. The fugitives, as soon as they learned the fate of their sovereign, came back to share his captivity, and voluntarily yielded themselves to their enemies.
When Edward returned from the pursuit, both armies had disappeared. He traversed the field, which was strewed with the bodies of the slain and the wounded, anxiously, but fruitlessly, inquiring after his father. As he approached Lewes, the barons came out, and, on the first shock, the earl Warenne, with the King's half-brothers and seven hundred horse, fled to Pevensey, whence they sailed to the Continent. Edward, with a strong body of veterans from the Welsh marches, rode along the wall to the castle, and understanding that his father was a captive in the priory, obtained permission to visit him from Leicester. An unsuccessful attempt made by the barons against the castle revived his hopes; he opened a negotiation with the chiefs of the party; and the next morning was concluded the treaty known by the name of "the Mise of Lewes." By this it was agreed that all prisoners taken during the war should be set at liberty; that the princes Edward and Henry should be kept as hostages for the peaceable conduct of their fathers, the King of England and the King of the Romans; and that all matters which could not be amicably adjusted in the next parliament should be referred to the decision of certain arbitrators. In the battle of Lewes about five thousand men are said to have fallen on each side.