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.

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.

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.

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.

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.

Impolicy of
Earl Simon’s
sons.