regarded, and lent themselves to an agitation against the provisional
government, which was got up by Edward, the king's eldest son, who now
appeared prominently in history for the first time. To conciliate them
the barons allowed the "Provisions of Westminster" to be enacted in
1259, in which the power of feudal courts was considerably restricted,
and many classes of suit were transferred to the royal tribunals, a
sufficient proof that the king's judges did not share in the odium which
appertained to their master, and were regarded as honest and impartial.
The limited monarchy established by the Provisions of Oxford lasted only
three years. Seeing the barons quarrelling among themselves, and
Montfort accused of ambition and overweening masterfulness by many of
his colleagues, the king took heart. Copying the example of his father
in 1215, he obtained from the pope a bull, which declared the new
constitution irregular and illegal, and absolved him from his oath to
abide by it. He then began to recall his foreign friends and relatives,
and to assemble mercenaries. De Montfort answered by raising an army,
arresting prominent aliens, and seizing the lands which the king had
given them. Henry thereupon, finding his forces too weak to face the
earl, took refuge in the Tower of London and proposed an arbitration. He
offered to submit his case to Louis IX., the saintly king of France,
whose virtues were known and respected all over Europe, if the baronial
party would do the same. An appeal to the pope they would have laughed
to scorn; but the confidence felt in the probity of the French king was
so great that Montfort advised his friends to accede to the proposal.
This was an unwise step. Louis was a saint, but he was also an
autocratic king, and had no knowledge of the constitutional customs of
England. Having heard the claims of the king and the barons, he issued
the mise of Amiens (Jan. 23, 1264), so called from the city at which he
dated it, a document which stated that King Henry ought to abide by the
terms of Magna Carta, to which he had so often given his assent, but
that the Provisions of Oxford were wholly invalid and derogatory to the
royal dignity. "We ordain," he wrote, "that the king shall have full
power and free jurisdiction over his realm, as in the days before the
said Provisions." The pope shortly afterwards confirmed the French
king's award.
Public-domain text, read in full here on John Shaqi.
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