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but it was the fullest representation of England as a whole which had yet met, and not a merely baronial committee like that proposed in 1258. The views of Simon were clearly indicated in an argumentative Latin poem written after the battle of Lewes by one of his supporters. In this poem the king's claim to do as he likes with his own is met by a demand that he shall rule according to law. Such a demand was made by others than the poet. "The king," a great lawyer of the day had said, "is not subject to any man, but to God and the law." The difficulty still remained of

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Seal of Robert Fitzwalter, showing a mounted knight in complete mail armour. Date, about 1265.

ascertaining what the law was. The poet did not, indeed, anticipate modern theories, and hold that the law was what the representatives of the people made it to be; but he held that the law consisted in the old customs, and that the people themselves must be appealed to as the witnesses of what those old customs were. "Therefore," he wrote, "let the community of the kingdom advise, and let it be known what the generality thinks, to whom their own laws are best known. Nor are all those of the country so ignorant that they do not know better than strangers the customs of their own kingdom which have been handed down to them by

1265

THE OVERTHROW OF EARL SIMON

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their ancestors." 1 The poet, in short, regarded the Parliament as a national jury, whose duty it was to give evidence on the laws and customs of the nation, in the same way that a local jury gave evidence on local matters.

24. The Battle of Evesham. 1265.-Simon's constitution was premature. Men wanted a patriotic king who could lead the nation instead of one who, like Henry, used it for his own ends. The new rulers were sure to quarrel with one another. If Simon was still Simon the Righteous, his sons acted tyrannically. The barons began again to distrust Simon himself, and the young Earl of Gloucester, like his father before him, put himself at the head of the dissatisfied barons, and went over to the king. Edward escaped from confinement, by urging his keepers to ride races with one another, and then galloping off when their horses were too tired to follow him. Edward and Gloucester combined forces, and, falling on Earl Simon at Evesham, defeated him utterly. Simon was slain in the fight and his body barbarously mutilated; but his memory was treasured, and he was counted as a saint by the people for whom he had worked. Verses have been preserved in which he is compared to "Igitur communitas regni consulatur;

Et quid universitas sentiat, sciatur,
Cui leges propriæ maxime sunt notæ.
Nec cuncti provinciæ sic sunt idiotæ,
Quin sciant plus cæteris regni sui

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Effigy of a knight at Gosperton, showing armour worn from about 1250 to 1300. Date, about 1270

Archbishop Thomas, who had given himself as a sacrifice for the Church, as Simon had given himself as a sacrifice for the nation.

25. The Last Years of Henry III. 1265-1272.-The storm which had been raised was some time in calming down. Some of Earl Simon's followers continued to hold out against the king. When at last they submitted, they were treated leniently, and in 1267, at a Parliament at Marlborough, a statute was enacted embodying most of the demands for the redress of grievances made by the earlier reformers. The kingdom settled down in peace, be

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Building operations in the reign of Henry III., with the king giving directions to the architect

cause Henry now allowed Edward to be the real head of the government. Edward, in short, carried on Earl Simon's work in ruling justly, with the advantage of being raised above jealousies by his position as heir to the throne. In 1270 England was so peaceful that Edward could embark on a crusade. At Acre he very nearly fell a victim to a fanatic belonging to a body which counted assassination a religious duty. His wife, Eleanor of Castile, who was tenderly attached to him, had to be led out of his tent, lest her bitter grief should distract him during an operation which the surgeons held to be necessary. In 1272 Henry III. died, and

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LAST DAYS OF HENRY 111

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East end of Westminster Abbey Church: begun by Henry III in 1245.

his son, though in a distant land, was quietly accepted as his

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Nave of Salisbury Cathedral Church, looking west. Date, between 1240 and 1250.

26. General Progress of the Country. In spite of the turmoils of Henry's reign the country made progress in many ways. Men busied themselves with replacing the old round-arched churches by

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