The History of England Volume II. David Hume
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usurpations and perjuries, and disgusted at the English barons, who had refused to submit to his award, secretly favoured all her enterprizes, and was generally believed to be making preparations for the same purpose. An English army, by the pretended authority of the captive king, was assembled on the sea-coast to oppose this projected invasion;x but Leicester owed his safety more to cross winds, which long detained and at last dispersed and ruined the queen’s fleet, than to any resistance, which, in their present situation, could have been expected from the English.
Leicester found himself better able to resist the spiritual thunders, which were leveled against him. The pope,. still adhering to the king’s cause against the barons, dispatched cardinal Guido as his legate into England, with orders to excommunicate by name the three earls, Leicester, Glocester, and Norfolk, and all others in general, who concurred in the oppression and captivity of their sovereign.y Leicester menaced the legate with death, if he set foot within the kingdom; but Guido, meeting in France the bishops of Winchester, London, and Worcester, who had been sent thither on a negociation, commanded them, under the penalty of ecclesiastical censures, to carry his bull into England, and to publish it against the barons. When the prelates arrived off the coast, they were boarded by the pyratical mariners of the cinque-ports, to whom probably they gave a hint of the cargo, which they brought along with them: The bull was torn and thrown into the sea; which furnished the artful prelates with a plausible excuse for not obeying the orders of the legate. Leicester appealed from Guido to the pope in person; but before the ambassadors, appointed to defend his cause, could reach Rome, the pope was dead; and they found the legate himself, from whom they had appealed, seated on the papal throne, by the name of Urban IV. That daring leader was no wise dismayed with this incident; and as he found that a great part of his popularity in England was founded on his opposition to the court of Rome, which was now become odious, he persisted with the more obstinacy in the prosecution of his measures.
1265. 20th Jan.
House of commons.
That he might both encrease, and turn to advantage his popularity, Leicester summoned a new parliament in London, where, he knew, his power was uncontrolable; and he fixed this assembly on a more democratical basis, than any which had ever been summoned since the foundation of the monarchy. Besides the barons of his own party, and several ecclesiastics, who were not immediate tenants of the crown; he ordered returns to be made of two knights from each shire, and what is more remarkable, of deputies from the boroughs, an order of men, which in former ages had always been regarded as too mean to enjoy a place in the national councils.z This period is commonly esteemed the epoch of the house of commons in England; and it is certainly the first time that historians speak of any representatives sent to parliament by the boroughs. In all the general accounts given in preceding times of those assemblies, the prelates and barons only are mentioned as the constituent members; and even in the most particular narratives delivered of parliamentary transactions, as in the trial of Thomas a Becket, where the events of each day, and almost of each hour, are carefully recorded by contemporary authors,a there is not, throughout the whole, the least appearance of a house of commons. But though that house derived its existence from so precarious and even so invidious an origin as Leicester’s usurpation, it soon proved, when summoned by the legal princes, one of the most useful, and, in process of time, one of the most powerful members of the national constitution; and gradually rescued the kingdom from aristocratical as well as from regal tyranny. But Leicester’s policy, if we must ascribe to him so great a blessing, only forwarded by some years an institution, for which the general state of things had already prepared the nation; and it is otherwise inconceivable, that a plant, set by so inauspicious a hand, could have attained to so vigorous a growth, and have flourished in the midst of such tempests and convulsions. The feudal system, with which the liberty, much more the power of the commons, was totally incompatible, began gradually to decline; and both the king and the commonalty, who felt its inconveniencies, contributed to favour this new power, which was more submissive than the barons to the regular authority of the crown, and at the same time afforded protection to the inferior orders of the state.
Leicester, having thus assembled a parliament of his own model, and trusting to the attachment of the populace of London, seized the opportunity of crushing his rivals among the powerful barons. Robert de Ferrars, earl of Derby, was accused in the king’s name, seized, and committed to custody, without being brought to any legal trial.b John Gifford, menaced with the same fate, fled from London, and took shelter in the borders of Wales. Even the earl of Glocester, whose power and influence had so much contributed to the success of the barons, but who of late was extremely disgusted with Leicester’s arbitrary conduct, found himself in danger from the prevailing authority of his ancient confederate; and he retired from parliament.c This known dissension gave courage to all Leicester’s enemies and to the king’s friends; who were now sure of protection from so potent a leader. Though Roger Mortimer, Hamon L’Estrange, and other powerful marchers of Wales, had been obliged to leave the kingdom, their authority still remained over the territories subjected to their jurisdiction; and there were many others who were disposed to give disturbance to the new government. The animosities, inseparable from the feudal aristocracy, broke out with fresh violence, and threatened the kingdom with new convulsions and disorders.
The earl of Leicester, surrounded with these difficulties, embraced a measure, from which he hoped to reap some present advantages, but which proved in the end the source of all his future calamities. The active and intrepid prince Edward had languished in prison ever since the fatal battle of Lewes; and as he was extremely popular in the kingdom, there arose a general desire of seeing him again restored to liberty.d Leicester finding, that he could with difficulty oppose the concurring wishes of the nation, stipulated with the prince, that, in return, he should order his adherents to deliver up to the barons, all their castles, particularly those on the borders of Wales; and should swear neither to depart the kingdom during three years, nor introduce into it any foreign forces.e The king took an oath to the same effect, and he also passed a charter, in which he confirmed the agreement or Mise of Lewes; and even permitted his subjects to rise in arms against him, if he should ever attempt to infringe it.f So little care did Leicester take, though he constantly made use of the authority of this captive prince, to preserve to him any appearance of royalty or kingly prerogatives!
11th March.
28th May.
In consequence of this treaty, prince Edward was brought into Westminster-hall, and was declared free by the barons: But instead of really recovering his liberty, as he had vainly expected, he found, that the whole transaction was a fraud on the part of Leicester; that he himself still continued a prisoner at large, and was guarded by the emissaries of that nobleman; and that, while the faction reaped all the benefit from the performance of his part of the treaty, care was taken that he should enjoy no advantage by it. As Glocester, on his rupture with the barons, had retired for safety to his estates on the borders of Wales; Leicester followed him with an army to Hereford,g continued still to menace and negotiate, and that he might add authority to his cause, he carried both the king and prince along with him. The earl of Glocester here concerted with young Edward the manner of that prince’s escape. He found means to convey to him a horse of extraordinary swiftness; and appointed Roger Mortimer, who had returned into the kingdom, to be ready at hand with a small party to receive the prince, and to guard him to a place of safety. Edward pretended to take the air with some of Leicester’s retinue, who were his guards; and making matches between their horses, after he thought he had tired and blown them sufficiently, he suddenly mounted Glocester’s horse, and called to his attendants, that he had long enough enjoyed the pleasure of their company, and now bid them adieu. They followed him for some time, without being able to overtake him; and the appearance of Mortimer with his company put an end to their pursuit.
Battle of Evesham, and death of Leicester. 4th August.
The royalists, secretly prepared for this event, immediately flew to arms; and the joy of this gallant prince’s deliverance, the oppressions under which the nation laboured, the expectation of a new scene of affairs, and the countenance of the earl of Glocester, procured Edward an army which Leicester was utterly unable to withstand. This nobleman found himself in a remote quarter of the kingdom; surrounded