A French born noble, and progenitor of parliamentary democracy…

“We, Richard of Clare, earl of Gloucester and Hertford; Roger Bigod, earl marshal and earl of Norfolk; Simon de Montfort, earl of Leicester; Peter of Savoy; Hugh Bigod; John fitz Geoffrey; and Peter of Montfort make known to all people that we have sworn on the holy gospels, and are held together by this oath, and we promise in good faith that each one of us and all of us together will help each other, both ourselves and those belonging to us, against all people, doing right and taking nothing that we cannot take without doing wrong, saving faith to our lord the king of England and to the crown.

In witness of this thing we have made these letters sealed with our seals…

And this was done at London, on the Friday after the fortnight after Easter, in the year of our Lord twelve hundred and fifty-eight.

Educational fact file from Parliament UK.


From: www.parliament.uk: Living Heritage
Simon De Montfort’s Parliament was the first instance of a parliament in which representatives from towns and the shires were summoned together to discuss matters of national concern. This Parliament is seen as the earliest forerunner of the modern Parliament because of its inclusion of both knights and burgesses, for a reason other than the granting of taxation. This broadened the types of people represented at a high level who were participating in affairs of the nation.

Montfort’s second Parliament was summoned on 14th December 1264. Summoned were 23 lay magnates, 120 bishops, two knights from each county and two citizens from each town. Also summoned were four men from each of the Cinque Ports. The Parliament began on 20th January 1265, and would be the longest of Montfort’s leadership. The Parliament was summoned to discuss arrangements for Prince Edward’s release.

The composition of those attending the Parliament was significant because it formed the basis of a more representative democracy – the make up of Montfort's Parliament can be linked to the House of Commons as we know it today.

From: www.parliament.uk: Living Heritage
Simon de Montfort was not, of course, consciously founding the House of Commons. He has been seen as a principled leader, driven by a genuine sense that reform was right and just. He had strong religious convictions and close friendships with leading intellectuals of the time, connected with Oxford university, who were greatly concerned with political ideas about good government.

On the other hand, Simon de Montfort was seen by many at the time as an inflexible fanatic, or self-interested opportunist. He was unpopular among the barons, and this may have been part of the reason he struggled to gain support. He came to power by force and used his position to enrich his family and followers, to the point where he alienated his key ally, Gilbert de Clare, the new earl of Gloucester.

Montfort was a populist leader who presented himself as the defender of ‘England for the English’, a popular cause in the country at large, where people had come to see the king’s misgovernment as the result of his reliance on foreign advisors. He also pursued policies against the Jewish money-lenders, cancelling debts to many minor landowners who were suffering from excessive borrowing. This may well have been driven by conscience rather than populism. Many of the intellectual circle with which Montfort was involved were advocating new ideas about Christian piety that involved intolerance towards Jewish communities, and which resulted in the 1270s in the expulsion of all the Jews in England. Despite the principle of it, persecution of the Jewish money-lenders was undoubtedly popular with the social groups on which Montfort based his support, and which were represented in Montfort’s Hilary parliament of 1265.

When Edward became king after Henry III died in 1272, he once again began to call representatives of the counties and towns to parliament. This happened more and more frequently, and these representatives eventually formed the House of Commons in the fourteenth century.

The Provisions of Oxford is not a single document, such as Magna Carta, but a programme of reform.

It has been provided that from each county there are to be chosen four discreet and lawful knights who, on every day when the county¹⁾ is held, shall assemble to hear all complaints touching any wrongs and injuries inflicted on any persons by sheriffs, bailiffs, or any other men, and to make the attachments that pertain to the said complaints until the first arrival of the chief justiciar in those parts: so that they shall take from the plaintiff adequate pledges for his prosecution, and from the defendant for his coming and standing trial before the said justiciar on his first arrival; and that the four knights aforesaid shall have all the said complaints enrolled, together with their attachments, in proper order and sequence — namely, for each hundred²⁾ separately and by itself — so that the said justiciar, on his first arrival, can hear and settle the aforesaid complaints singly from each hundred. And they shall inform the sheriff that they are summoning all his hundredmen³⁾ and bailiffs before the said justiciar on his next arrival, for a day and a place which he will make known to them: so that every hundredman shall cause all plaintiffs and defendants of his bailiwick to come in succession, according to what the aforesaid justiciar shall bring to trial from the aforesaid hundred; also as many men and such men — both knights and other free and lawful men — as may be required for best proving the truth of the matter, in such a way that all are not troubled at one and the same time; rather let as many come as can be tried and concluded in one day.

Also it is provided that no knight of the aforesaid counties, by virtue of an assurance that he is not to be placed on juries or assizes, shall be excused by a charter of the lord king or be exempt from this provision thus made for the common good of the whole kingdom.

Those chosen from the Lord King’s side
The lord bishop of London;⁴⁾ the lord bishop elect of Winchester;⁵⁾ the lord Henry,⁶⁾ son of the king of Germany; the lord John, earl de Warenne;⁷⁾ the lord Guy de Lusignan;⁸⁾ the lord William de Valence;⁹⁾ the lord John, earl of Warwick;¹⁰⁾ the lord John Mansel;¹¹⁾ Brother John of Darlington;¹²⁾ the abbot of Westminster;¹³⁾ the lord Henry of Hengham.

Those chosen from the side of the earls and barons
The lord bishop of Worcester;¹⁴⁾ the lord Simon, earl of Leicester;¹⁵⁾ the lord Richard, earl of Gloucester;¹⁶⁾ the lord Humphrey, earl of Hereford;¹⁷⁾ the lord Roger Marshal; the lord Roger de Mortimer;¹⁸⁾ the lord John Fitz-Geoffrey;¹⁹⁾ the lord Hugh Bigod;²⁰⁾ the lord Richard de Gray;²¹⁾ the lord William Bardulf; the lord Peter de Montfort;²²⁾ the lord Hugh Despenser.²³⁾ And if it should happen that of necessity any one of these cannot be present, the rest of them shall elect whom they please in place of the absentee, namely, another person needful for carrying on that business.

Thus the community of England swore at Oxford
We make known to all people that we have sworn on the holy gospels and are held together by this oath, and promise in good faith, that each one of us and all of us together will help each other, both ourselves and those belonging to us against all people, doing right and taking nothing that we cannot take without doing wrong, saving faith to the king and crown. And we promise on the same oath that none of us will ever take anything of land or movables whereby this oath can be disturbed or in any way impaired. And if any one so acts contrary to this, we will hold him as a mortal enemy.

This is the oath of the twenty four
Each one swore on the holy gospels that he for the glory of God and in loyalty to the king and for the benefit of the kingdom will obtain and treat with the aforesaid sworn persons upon the reform and improvement of the condition of the kingdom. Sand that he will not fail for gift or promise, for love or hatred, for fear of any one, for gain or loss, loyalty to act according to the tenor of the letter that the king has given on this and his son likewise.

Thus swore the chief justiciar of England
He swears he will well and loyally according to his power do what belongs to the justiciars office of dispensing justice to all men and for the profit of the king and the kingdom, in accordance with the provision made and to be made by the twenty four, and by the king’s council and the magnates of the land, who will swear to help and support him in these things.

Thus swore the chancellor of England
That he will not seal any writ except a writ of course without the order of the king and of the councillors who are present. Nor will he seal a gift orf great wardship or of a large sum of money or of escheats without the assent of the full council or of the greater part of it. And that he will not seal anything that is contrary to what has been and will be ordained by the twenty four or by the greater part of them. And that he will not take any reward otherwise than is agreed for others. And he will be given a companion in the way that the council will provide.

This is the oath taken by the wardens of the castles
That they will keep the king’s castles loyally and in good faith for the use of the king and his heirs. And that they will give them up to the king or his heirs and to no other and through his council and in no other way, that is to say, through men of standing in the land elected to the council or through the greater part of them. And this form above written is to last full twelve years. And henceforth they shall not be prevented by this establishment and this oath from being able to give them up freely to the king or his heirs.

These are the men sworn of the king’s council.
The Archbishop of Canterbury, The bishop of Worcester, the earl of Leicester; the earl of Gloucester, the earl Marshal, Peter of Savoy, the count of Aumale, the earl of warwick, the earl of Hereford, John Mansel, John Fitz-Geoffrey, Peter de Montfort, Richard de Gray, Roger Mortimer, James Audley.

The twelve on the king’s side have chosen from the twelve on the side of the community the earl Roger Marshal and Hugh Bigod. And the party of the community has chosen from the twelve who are on the side of the king the earl of Warwick and John Mansel.

And these four have power to elect the council of the king; and when they have made the election, they shall designate those to the twenty-four. And that shall hold on which the majority of these four agree.

These are the twelve who have been elected by the barons, on behalf of the whole community of the land, to consider common needs along with the king’s council at the three annual parliaments:
The lord bishop of London, the earl of Winchester, the earl of Hereford, Philip Basset, John de Balliol, John de Verdun, John de Grey, Roger de Sumery, Roger de Mohaut, Hugh Despencer, Thomas de Gresley, Giles d’Argentein.

These are the twenty-four appointed by the community to consider aid for the king:
The bishop of Worcester, the bishop of London, the bishop of Salisbury, the earl of Leicester, the earl of Gloucester, the earl Marshal, Peter of Savoy, the earl of Hereford, the count of Aumale, the earl of Winchester, the earl of Oxford, John Fitz-Geoffrey, John de Grey, John de Balliol, Roger Mortimer, Roger de Sumery, Roger de Mohaut, Peter de Montfort, Thomas de Gresley, Fulk of Kerdiston, Giles d’Argentein, John Kyriel, Philip of Basset, Giles of Erdington.

And if any one of these cannot or will not be present, those who are present shall have power to elect another in his place.

Concerning the state of Holy Church
It should be remembered that the state of Holy Church is to be amended by the twenty-four chosen to reform the state of the kingdom of England — at what time and place they think best, according to the powers that they hold by writ of the king of England.

Concerning the chief justice
Furthermore that a chief justice — or two — shall be appointed; also what power he shall have; and that he shall be for only one year, so that at the end of the year he shall render account of his term before the king and the royal council and before the man who is to follow him.

Concerning the treasurer and the exchequer
The same with regard to the treasurer; so that he shall render account at the end of the year. And according to the ordinance of the said twenty-four, other good men are to be appointed to the exchequer, whither all the issues of the land are to come, and not elsewhere. And let that be amended which seems in need of amendment.

Concerning the chancellor
The same with regard to the chancellor; so that he shall render account of his term at the end of the year, and that merely by the king’s will he shall seal nothing out of course, but shall do so by the council that surrounds the king.

Concerning the power of the justice and of the bailiffs
The chief justice has power to redress the misdeeds of all other justices, of bailiffs, of earls, of barons, and of all other people, according to the rightful law of the land. And writs are to be pleaded according to the law of the land in the proper places. And the justices shall accept nothing unless it is a present of bread and wine and like things: namely, such meat and drink as have been customarily brought for the day to the tables of the chief men. And this same regulation shall be understood for all the king’s councillors and all his bailiffs. And no bailiff, by virtue of his office or of some plea, shall take any fee, either by his own hand or in any manner through another person. And if he is convicted, let him be punished; likewise the man who gives. And the king, if it is suitable, shall give fees to his justices and to his people who serve him, so that they shall have no need of taking anything from others.

Concerning the sheriffs
As sheriffs there shall be appointed loyal persons, good men who are landholders; so that in each county there shall be as sheriff a feudal tenant of the same county, who shall well, loyally, and justly treat the people of the county. And he shall take no fee; that he shall be sheriff for no more than a year in all; that during the year he shall render his accounts at the exchequer and be responsible for his term; that the king, from the royal income, shall make allowance to him in proportion to his receipts, so that he may rightly keep the county; and that he shall take no fees, neither he nor his bailiffs. And if they are convicted, let them be punished.

It should be remembered that, with regard to the Jewry and the wardens of the Jewry, such reforms are to be established as shall carry out the oath in this respect.

Concerning the escheators²⁴⁾
Good escheators are to be appointed. And they shall take nothing from goods of deceased persons whose lands ought to be in the king’s hands; but that, if a debt is owing to him, the escheators shall have free administration of the goods until they have carried out the king’s wishes — and this according to the provision in the charter of liberties. Also inquiry shall be made concerning the misdeeds committed there by escheators, and that redress shall be made for such. Nor shall tallage or anything else be taken, except as it should be according to the charter of liberties.

The charter of liberties is to be strictly observed.

Concerning the exchange of London
It should be remembered to establish reforms touching the exchange of London; also touching the city of London and all the other cities of the king, which have been brought to shame and ruin by tallages and other oppressions.

Concerning the household of the king and queen
It should be remembered to reform the household of the king and queen.

Concerning the parliaments, as to how many shall be held annually and in what manner
It should be remembered that the twenty-four have ordained that there are to be three parliaments a year: the first on the octave of St. Michael, the second on the morrow of Candlemas, and the third on the first day of June, that is to say, three weeks before St. John [this means 6th October, 3rd February and 3rd June]. To these three parliaments the chosen councillors of the king shall come, even if they are not summoned, in order to examine the state of the kingdom and to consider the common needs of the kingdom and likewise of the king; and by the king’s command also at other times, whenever it is necessary. So too it should be remembered that the community is to elect twelve good men, who shall come to the three parliaments and at other times, when there is need and when the king and his council summon them to consider the affairs of the king and the kingdom. And the community shall hold as established whatever these twelve shall do — and this is to reduce the cost to the community. Fifteen are to be named by these four men — that is to say, by the earl Marshal, the earl of Warwick, Hugh le Bigot, and John Mansel — who have been elected by the twenty-four to name the aforesaid fifteen, who are to form the king’s council. And they are to be confirmed by the aforesaid twenty-four, or by the majority of those men. And they shall have the power of advising the king in good faith concerning the government of the kingdom and concerning all matters that pertain to the king or the kingdom; and of amending and redressing everything that they shall consider in need of amendment or redress. And [they shall have authority] over the chief justice and over all other people. And if they cannot all be present, that shall be firm and established which the majority of them shall enact.


From: www.parliament.uk: Living Heritage
The Provisions of Oxford were created in 1258 by a group of barons led by Simon de Montfort. The provisions forced Henry III to accept a new form of government. Written confirmations of the Provisions of Oxford were sent to sheriffs in all of the contemporary counties of England.

Why were the Provisions of Oxford important? The ‘Provisions of Oxford’ placed the king under the authority of a Council of Fifteen, to be chosen by twenty-four men made up of twelve nominees of the king, and twelve nominees of the reformers. The chief ministers, the Justiciar and Chancellor were to be chosen by and responsible to the Council of Fifteen, and ultimately to the community of the realm at regular parliaments to be held three times a year. This was revolutionary. It was the most radical scheme of reform undertaken before the arrest and execution of King Charles I in the 1640s.

In addition to controlling the central government, the reformers, urged on by swelling discontent among the lesser aristocracy, townsmen, merchants and freemen in the localities, began an investigation into abuses of local officials and a reform of local government. These reforms show the growing power of social groups beyond the major barons, who though still leading the reform, evidently felt they could not ignore popular discontent. In this regard they introduced reforms that were even harmful to their own local interests.


From: Encyclopædia Britannica - online Provisions of Oxford, (1258), in English history, a plan of reform accepted by Henry III, in return for the promise of financial aid from his barons. It can be regarded as England’s first written constitution.

Henry, bankrupted by a foolish venture in Sicily, summoned Parliament in the spring of 1258 (the Easter Parliament, or the so-called Mad Parliament). In return for a badly needed grant of revenue, Henry grudgingly agreed to abide by a program of reform to be formulated by a 24-man royal commission, half of whom were to be chosen by the king, half by the baronial party. The report of the commission (issued c. June 10) is known as the Provisions of Oxford.

The Provisions, confirmed by an oath of “community” of the magnates, were to remain in effect for 12 years and provide the machinery through which the necessary reforms could be accomplished. The government was placed under the joint direction of the king and a 15-member baronial council that was to advise the king on all important matters. All high officers of the realm were to swear allegiance to the king and the council. Parliament was to meet three times a year to consult on further reforms. A justiciar was appointed (for the first time since 1234) to oversee local administration, and the majority of sheriffs were replaced by knights holding land in the shires that they administered.

Annulled by papal bulls in 1261 and 1262 and by Louis IX of France in the Mise of Amiens (January 1264), the Provisions were restored by baronial action in 1263 and, in modified form, in 1264 but finally annulled by the Dictum of Kenilworth (October 1266).

NOTE: In italics saved from online sources as a starting outline only.