CHAP. X. 1264 First with him, moved to London. An universal suspension of hostilities was decreed, as well as mutual restoration of prisoners without ransom; breaches of the peace and even the carrying of arms were forbidden, decrees; under very severe penalties; instead of the sheriffs, provisional guardians of the peace, doubtless from the number of Simons friends, were appointed, and various other measures taken to restore a state of sum quiet to the land.3 The most urgent necessities Parliament having been provided for, a Parliament was sum- moned. moned to meet in London, and the thorough nature of Simons reforms was at once apparent. The guardians of the peace were instructed to see that four knights were elected for the purpose of attending Parliament by and for each county. The exactness of the wording of this clause shows the importance which was attributed to the measure.1 The Parliament met on June 23, and there is no Parliament reason to doubt that the county members were preof June. The transactions were most important. The 1 The Earl of Leicester was specially excepted. That the Custodes Pacis did not altogether supersede the sheriffs is shown by the proclamation (Fad. i. 455) addressed to R. Basset custodi pacis, et vicecomitibus eorumdem comitatuum.' So too in the writ (Fad. i. 456) addressed to the Custos Pacis and the Sheriff of Yorkshire. On the other hand, the Custodes Pacis alone were bidden to see to the election of four knights in 1264 ; while the Sheriffs of Sussex and Hertford alone were bidden to bring their prisoners to the Parliament of 1265. Edicts as to damage done to property of the Church and the Jews; recall of the University of Oxford, &c. 'Vobis mandamus quatenus quatuor de legalioribus et discretioribus militibus dicti comitatus, per ejusdem comitatus assensum ad hoc electos, ad nos pro toto comitatu illo mittatis, ita quod sint . . . nobiscum tractaturi de negotiis prædictis,' sc. the 'negotia regni,' to be treated by the king with the prelates, magnates, and other vassals (Fœd. i. 442). This seems to be conclusively proved by the words 'voluntate CHAP. 1264 Parliament of June: ecclesiasti cal legislation; redress of injuries to the Church. difficult question of lay and clerical jurisdiction was handled in a way which, though fragmentary, shows de Montforts ecclesiastical tendencies, and the importance of the aid rendered by the Church to the cause of liberty. At the same time it must be allowed that the regulations now issued tended to perpetuate the evils arising from the dominance and isolation of the priestly class. On the other hand, it may be argued that they placed a bulwark in the way of the extension of royal power, formed out of that body which had from the first been most closely connected with the defence of national rights. In cases of robbery, where both an ecclesiastic and a layman were concerned, the bishop of the diocese was to judge the cause. In cases where there was suspicion of the unlawful imprisonment of ecclesiastics, the bishop was to decide. The distinctness of the clerical profession was guarded by an enactment against the bearing of arms by the clergy. A committee of three bishops was appointed to enquire into the injuries. suffered by the Church within the last year, and their decisions were to be supported, if need were, by the strength of the secular arm. Finally, Archbishop Boniface was commanded to return at once, and perform the duties of his high office. Simon had to repay the confidence and good faith of the Church; his gratitude found expression in these perhaps too favourable provisions.2 præsentis' (relative to acts done in this Parliament); though it is doubted in the Lords' Report i. 154; and Dr. Pauli (Simon de Mont. 146) says their presence is noturkündlich erwähnt.' The communitas' can only mean the elected knights. Lib. de Ant. Leg. 65, 70; Fad. i. 443. 2 Pearson, Hist. of Eng. ii. 254, says 'They help to explain de Montforts popularity with the clergy, his place among miracle-workers CHAP. X. 1264 Scheme of government drawn up: nence. In the second place, the general principles enunciated in the Mise of Lewes were confirmed, with more special regulations as to the free entry of foreign merchants, if they came unarmed and in not excessive numbers. But the most important point was the formation of a scheme of the constitution. It is question of its permamost desirable to know if this constitution was intended to be permanent or not; but from the obscurity of the preamble it is impossible to speak on this point with certainty. It appears most probable that it was to last during the rest of Henrys reign, and for so long a period of that of Edward as the latter should decide; whether his decision was to be made now or when he came to the throne does not appear. That is to say, it was intended to be as permanent as any constitution could be expected to be under the after death, and his failure in government.' But they do not go very far to explain these facts. The preamble runs thus, 'Hæc est forma pacis a domino rege &c. communiter et concorditer approbata: videlicet quod quædam ordinatio facta in parliamento Londoniis habito pro pace regni conservanda quousque pax inter dictum dominum regem et barones apud Lewes per formam cujusdam misæ prælocuta compleretur duratura omnibus diebus prædicti domini regis et etiam temporibus domini Edwardi postquam in regem fuerit assumptus usque ad terminum quem ex nunc duxerit moderandum firma maneat stabilis et inconcussa ;' then follows the 'dicta ordinatio.' It is uncertain whether the word 'duratura' agrees with 'ordinatio' or with 'pax ;' if with the latter, then it is merely said that the ordinatio' is to remain firm and stable for an indefinite period. At the end we read, 'omnia prædicta faciat dominus rex . . . in forma prædicta (sc. forma regiminis). præsenti ordinatione duratura donec misa apud Lewes facta . fuerit concorditer consummata vel alia provisa quam partes concorditer duxerint approbandam.' It seems therefore that the constitution, at the time that it was made, was announced to last until the terms of the Mise should be executed; that when that result took place, the constitution was confirmed and declared to continue for at least the rest of Henrys reign, as stated in the preamble, which was drawn up in 1265. It is probable that Simon from the first meant it to be permanent, but thought it premature positively to announce so important a change in June 1264. CHAP. 1264 The Ordinance of London: it was meant to ent. The scheme of government: the electors and councillors. circumstances. The Ordinance, as this form of government was called, was confirmed the next spring; and in consequence of this the hostages were released. Now the hostages had been given in order that the arbitration might take its course, and that the peace of the kingdom might be placed on a firm basis. That this was considered to have been done in March 1265 is shown by the release of the hostages; and it was done by the acceptance of this constitution of June 1264 and certain other subsequent arrangements. Thus it was on the existence of this constitution that the peace of the country was held to depend; and the constitution was not meant to last, as might perhaps be inferred from the preamble, only till the permanent arrangements for the preservation of peace were complete. It was itself the most important of these arrangements. That however it did not complete them, but was in reality only the first step, is shown by the fact that the hostages were not released till after many additional arrangements had been made and collectively confirmed in March 1265. According to this scheme of government there are to be chosen and nominated' three persons, called electors. These electors are to receive authority from the king to elect or nominate, on his behalf, nine councillors. By counsel of these nine, three of whom by turn are to be always at Court, the king is to transact all business of State. If any State official, great or small, transgress, the king is at once, by counsel of the nine, to depose him, and substitute another in his place. If any councillor perform his duty ill, or if there be any other reason for his removal, the king shall, by counsel of the electors, remove him and substitute another. If the councillors cannot agree on any question, the electors or two of them shall decide. If the electors disagree, that which two of them decide shall hold good, provided that in ecclesiastical questions one of the two shall be a prelate of the Church. Finally, if it shall seem good to the whole body of prelates and barons that any one of the electors should be removed, the king shall, by counsel of the aforesaid body, appoint another in his place. This scheme of government may fairly be regarded as the creation which more than any other marks the genius of Simon de Montfort. Other matters-his courage, constancy, sympathy with the oppressedmay call forth more general admiration. His adaptation of the existing county machinery to parliamentary representation marks his ingenuity and insight into contemporary politics. But that which bears the most unmistakeable stamp of political genius is this constitution of 1264. So far as it goes it is perfect; elaborate, yet simple; a constitution, in the true sense of the word; that is, a form of government which will stand by itself, a building so composed as to exist without any external assistance. It shows. an advance upon the crude ideas of six years before, which would be inexplicable were we obliged to believe that Simon had any but the smallest share in the planning of the earlier scheme. The principles on which it rests are almost precisely the same as those of the constitution under which England has been governed for the last century and a half. First of all, it is a purely electoral system. The and principles. electors are to be chosen, though it is not stated by U |