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CRISTO RAUL'S DIVINE HISTORY OF JESUS CHRIST

READING HALL

THIRD MILLENNIUM LIBRARY

CRISTO RAUL'S THE CREATION OF THE UNIVERSE ACCORDING GENESIS

BIOGRAPHICAL LIBRARY //ANCIENT HISTORY LIBRARY // COMPENDIUM OF HISTORY OF GREECE / /MEDIEVAL HISTORY LYBRARY // THE CAMBRIDGE MEDIEVAL HISTORY //GEORGE FINLAY'S HISTORY OF GREECE // HISTORY OF THE BYZANTINE EMPIRE // UNIVERSAL HISTORY // THE HISTORY OF THE POPES // THE LIVES OF THE POPES IN THE EARLY MIDDLE AGES// HISTORY OF CHINA // NAPOLEON AND THE FRENCH REVOLUTION //

 

 

THE LIFE OF SIMON DE MONTFORT . EARL OF LEICESTER

 

CHAPTER V.

PARLIAMENTARY HISTORY, 1249-1257.

 

The state of things in England had not improved during Simon’s absence in Gascony. The wearisome tale of oppression and futile resistance, of broken promises and disunion, need not be told in full. The king tried all sorts of means to get money, mulcted the Londoners and the Jews, and made spasmodic efforts to be thrifty, but all in vain. He did not give de Montfort much aid, but the contributions, which apparently nothing but Simons presence could obtain, small as they were, increased his difficulties. In 1252 there came a change. The king, who, as we have seen, had already given up the part of national leader which sat so badly on him, was now in close communication with the Pope, and had procured a bull granting him a tithe of the spiritual revenues of the Church for the space of three years, on the pretext of an aid for his expenses in the contemplated crusade. An assembly of the prelates accordingly met in London in October 1252. The clergy appear to have been summoned separately at first, in order that they might be prevailed upon the more easily when deprived of the assistance of the laity. Both archbishops were absent. The papal bull, granting the three years’ tithe, was then read aloud to them, and the kings proctors, assuming the grant as a matter of certainty, went on to ask that the money for one year, or at least half of. it, should be paid before the king started. Upon which the Bishop of Lincoln exclaimed, in great anger, “What is this, by our Lady! ye take things too much for granted. Think ye we shall consent to this accursed contribution? Far be it that we should so bow the knee to Baal”. And when the Bishop-elect of Winchester, the king’s half-brother, hinted that France had submitted, and England would have to do the same, Grosseteste retorted that for that very reason England should not yield, and so strengthen the exaction by a precedent. The great majority of the bishops supported him. The king then altered his tactics, and requested submissively that an aid might be granted him. But the bishops remained firm, and pleaded the absence of the primates of York and Canterbury as an excuse for avoiding a decision. Henry then tried, as usual, to influence them singly, and began with the Bishop of Ely. The bishop still refusing to yield, he turned savagely upon him, and bade his servants “turn out that boor”. Meanwhile the lay baronage had begun to assemble, though in small numbers. The season was very rainy, the roads were almost impassable, and when the travellers arrived, wet, dirty, and out of temper, they found London a sea of mud, provisions at famine prices, and the city so full of people that it was almost impossible to get a lodging. And for what were they summoned? Only to hear once more the neverending demand for money. The king however does not seem to have dared to lay before the laity the demand for the tenth, which indeed did not immediately concern them, but asked their advice in the matter of Gascony, laying the blame of the troubles there on the Earl of Leicester, whose violence, he said, had so disturbed the province. At the end of his address, as if merely by the way, he requested money to help him on the crusade. The magnates answered that their reply must depend on that of the clergy, and laughed in secret at the “silly king who, without skill or experience in war, was going to make an attempt in which the King of France and all his chivalry had failed”. The council broke up in the midst of universal indignation.

However, in the spring of 1253, when de Montfort had left Gascony and was staying in France, affairs in the province had come to such a pitch as to necessitate active interference, and the Easter Parliament yielded to the king’s request. After a discussion, which lasted more than a fortnight, the barons granted him a scutage, and the clergy acquiesced in the collection of the tithe. As the price however of the concession they demanded that the king should observe all privileges and liberties previously granted, both lay and clerical, and, on his promising this, a solemn excommunication of all those who should infringe the charters was pronounced with book and candle by the assembled prelates, the king and the whole council taking part. But the effect of this imposing ceremony was spoilt by a deed, which perhaps caused more universal indignation than any other, and made the name of the chief actor in it “to stink in the nostrils” of all Englishmen. Peter d'Aigueblanche, Money got Bishop of Hereford, a native of Savoy, proposed to the king a plan for getting money, to which the latter consented, but which nowadays would send its perpetrators to the common gaol. The royal seal was affixed to a schedule which was fastened so that the inside could not be seen : the schedule was blank. The swindlers then, under some pretext or other, obtained the signatures of several bishops and abbots to the schedule, which was taken to Rome and filled up with an obligation to pay certain merchants of Sienna sums of money owed them by the king. The Pope was duped into believing that the prelates in question had signed with their eyes open, and threatened them with excommunication if they did not act up to their engagements. This story is given by so many authorities that in its main features it cannot be doubted, it fully accounts for the vengeance taken upon the Bishop of Hereford ten years later than this.

Meanwhile the parliamentary struggle continued, rising and falling with monotonous variation. The magnates who assembled in January 1254, in the king’s absence, refused his demand for an aid, suspecting that his pretext, the state of Gascony, was nothing but a false alarm: they promised however to go in person to help him should it appear to be necessary. It is remarkable as a step in the theory of assent to taxation that the bishops and abbots, while promising an aid on their own account, refused to bind the rest of the clergy by the same obligation. The partial good-will shown by the magnates on this occasion was soon cooled by the discovery that the king had been attempting to dupe them. They assembled after Easter to hear his renewed requests. They were made, as before, on the ground that an invasion by the King of Castile was imminent. This was a strange excuse, seeing that just at this time Eleanor of Castile was formally betrothed to Prince Edward. Unfortunately too for Henry, Simon de Montfort was present, and was able to give the magnates information as to the real state of things in the province, which confirmed them in their decision not to send aid till they were better certified as to the truth of the Spanish invasion. It was strange, they said, that they never heard of such a danger when the Earl of Leicester was in Gascony. So the council was dissolved, and Henry’s ruse failed. On the king’s return, after Christmas 1254, the council, which met first at Portsmouth, was shifted to London, and then to Winchester, and was finally dissolved without any result. At the Easter Parliament of 1255, which was very largely attended, the barons answered the king’s request for money, this time in the shape of a renewal of the demand for the power of electing the three chief officers of the Crown. They now supported the claim by a reference to ancient custom, though history would hardly bear them out on this head. They also laid to his charge fresh violations of the charters, and, as the king would not yield to their request, Parliament was prorogued, in order that some change of feeling might induce one party or the other to give way. The names of those who were present at this Parliament are not preserved to us, so that we do not know whether Simon de Montfort was there or not. He was in England, at any rate, in the preceding autumn, and there is no reason to suppose, especially after his nominal reconciliation with the king, that he absented himself. He had been so far reinstated in his former position as to be sent in the summer of 1254 on a confidential errand to Scotland, with a message for the king, so secret and important that it could not be trusted to paper. What its import was one can only guess.

By this time the real cause of the king’s renewed demands had become known. The late Pope, Innocent IV, had endeavoured to make Henry his firm ally by appealing to his dynastic ambition. He had first of all offered the throne of the Two Sicilies, as a fief of the Church, escheated after the death of Frederick, to Richard of Cornwall; and when that cautious and somewhat miserly prince drew back, he chose the kings younger son Edmund as the recipient of his favour. The weak but ambitious father, with his usual imprudence, eagerly took the bait, and this was the crusade for which the tenth was to be granted. The enemies of the Church were the imperialists: the promised land was Sicily instead of Palestine. The great emperor and his two sons were dead, but the Ghibeline party did not perish with them, and Manfred, Prince of Tarento, natural son of Frederick, was not likely to yield without a struggle. But the king shut his eyes to all difficulties, and the death of Innocent IV in 1254 caused no interruption, for his successor, Alexander IV, took up the scheme with equal energy. Innocent had extended the grant of the tenth to Henry for a further term of two years; he had bidden both king and queen to abstain from useless expenses, in order the better to prosecute the affair; more than once he urged Henry to enter actively on it, and one of the last acts of his life was to bid him hasten to the protection of Apulia, or he would have to find some other more worthy of the throne. Even Richard, though too cautious to undertake the conquest of Sicily, could not withstand the temptation of an imperial crown; Henry urged his election, in the hope of an accession of strength against France; the Pope eagerly promoted the same object, and he was crowned at Aachen, though only supported by a portion of the Electors, in 1257. Henry, once started on this ambitious policy, could not stop; and though unable to hold his provinces in France, accepted the worthless offer of half the lands belonging to the King of Castile in Africa as a dowry for Alfonso’s sister. The Pope, while allowing him to change his vow of crusade for the help to be given to the Church in Sicily, would not go so far as to let him dispute with the Saracens in Africa this chimerical possession. The conditions on which the kingdom of the Two Sicilies was given to Edmund were embodied in a formal agreement in 1255, by which the future king was reduced to the position of a mere slave of Rome, restricted in a most degrading manner under terms which no feudal lord would have thought of imposing on a vassal. The obligations entered into by the king included the immediate liquidation of a debt of more than 135,000 marks, said to have been incurred by the Pope in the conquest of the land. The negotiations connected with this engagement are the prominent feature of the next few years, and did more than anything else to bring about the catastrophe.

The attempts made by the Pope to expel Manfred from Southern Italy were not successful. The papal forces were almost annihilated by that prince, aided by a large body of Saracens, whom Frederick had settled at Nocera. Shortly before this event the Bishop of Bologna had been sent with the ring of investiture to England, and on his arrival the king lost no time in getting the ceremony performed, and in addressing his son in public as King of Sicily and Apulia. His paternal pride was however destined to receive a rude check. The scheme was thoroughly unpopular in the country; the report that a papal legate was on the point of arriving added greatly to the general discontent, while the attitude of many of the greater barons, at this time thought to have been bought over by the king, brought the nation to the verge of despair. The Earl of Leicester, the one steadfast friend of national liberty, was probably at this time absent in France. He had gone thither on business of his own, and was empowered to prolong the truce, as it was a matter of great importance that no obstacle should prevent the passage of the army which Henry, with a childish sanguineness, hoped to convey to Italy.

The papal ambassador did appear, though not, as was dreaded, furnished with the authority of a legate; his name was Rustand; he was a lawyer, and a Gascon by birth. On his arrival the Sicilian affair was brought forward by the king in the October Parliament, 1255, with pressing demands for money. Earl Richard headed the opposition, and declared he would have nothing to do with an engagement undertaken without his counsel and the assent of the baronage. The barons, returning in a remarkable manner to the original form of the Great Charter, complained that they had not all been summoned to Parliament, and, in the absence of so many of their peers, could, in accordance with the charter, assent to nothing. At the ecclesiastical assembly held at the same time, the Bishop of London vowed he would lose his head rather than submit, and was supported by the Bishop of Worcester, who professed an equal readiness to be hanged. The hopes raised by these bold utterances were further encouraged by the proclamation of the Bishop of London, that no one in his diocese should obey the orders or instructions of Rustand. Upon this the king violently attacked him, and threatened to persuade the Pope to unfrock him. The bishop made the memorable reply, “Let them take away my mitre, and I will put on my helmet”. The clergy in general, in their diocesan assemblies, agreed on a single form of protest, in which they objected that the tenth had been granted without their assent, and that the previous concessions had been made for a specified object, which had not even been attempted. Meanwhile Rustand and others vigorously preached a crusade, which, being directed against Christians instead of heathens or heretics, provoked more scoffing than enthusiasm. Large sums had already been sent to Italy, and had been swallowed up by the war against Manfred, whose success, joined to a natural feeling of indignation against the way in which the Pope had handed over the country to an unknown foreigner, caused all Apulia to swear allegiance to him.

The opposition of all classes in England rendered and the payment of the sums demanded quite impossible. The Pope sent letter after letter urging haste, and threatening with excommunication all who refused to pay the tenth. He even threatened to put the kingdom under an interdict, and left no stone unturned to get the money. Next year the king instead of lowering raised his demands. He produced papal letters in support of the claim for a renewal of the tenth for five years, and other extravagant exactions. The prelates, assembled separately in February 1256, hard pressed by king and Pope, bullied by Rustand, were on the point of giving way, but for the support of the lay magnates. They however remained firm. It seems almost strange that they should have thought it worthwhile to argue the point, or to give reasons for their refusal. They urged however in self-defence the state of the realm, the disturbances in Wales, Scotland, Ireland, and Gascony; pointed out the difficulties of the Sicilian undertaking, the disadvantageous conditions offered by the Pope; and finally, since the contract was made without their knowledge, refused the aid demanded.

Meanwhile the object of Henry’s wishes was critical rapidly falling from his grasp. He was sorely vexed by the news he received of Manfred’s successes. The election of Richard to the German Crown raised up a rival in the King of Castile, and a feeling of jealousy in France which threatened every moment to burst forth into war. This situation of course produced disturbances in Gascony, which were fomented by the Spaniards. The Welsh harried the frontiers, the nobles of the northern marches were disaffected towards the English king and his son-in-law of Scotland, yet the infatuated monarch would not give up the struggle. He thought to impress his subjects with a fait accompli, when in the Lent Parliament of 1257 he produced his son Edmund, with the royal ring on his finger, and in the Apulian dress, as King of the Two Sicilies, before the assembled magnates. At the same time he confessed the enormous debt of 350,000 marks, which he owed on his return from Gascony, and the full extent of which seems to have been hidden from the public hitherto. In answer to his appeal the laity remained obstinate, and the king was forced to use the expedient of a scutage for an expedition against the Welsh, which probably could only be levied on the poorer and weaker tenants. The clergy however, seemingly in despair, voted the king the large sum of 52,000 marks on consideration of that which ere now must have been seen to be the weakest of safeguards, a fresh confirmation of. the charters, and the promise of redress of grievances which were to be embodied in a protest. This was the last great contribution which went to swell the list of papal and royal exactions. Whether the money was ever collected or not seems uncertain. The king is said to have refused to accept so paltry a gift. The convocation which assembled in the following August to draw up the list of grievances was dissolved prematurely on account of the Welsh war, and the grant was probably lost sight of in the confusion of the next year. The ravages of the Welsh drove the king in the summer of 1257 to summon all the forces of the kingdom against them, but the army, by wanton destruction of the crops in order to anticipate the enemy, did more harm to the country than the Welsh. After suffering several defeats the famine which they themselves had produced forced them to return. The failure of the expedition, and the wound it inflicted on the national pride, were apparently the last thing needed to break down the reverence of the people for their king.

At the same time a change occurred in Henry’s foreign policy, which shows incidentally the growing strength of the opposition. It is remarkable that all the ambassadors sent with Simon de Montfort in the summer of 1257 to prolong the truce with France were among the earls supporters, excepting Peter of Savoy, who however had been one of his best friends in 1252, and was after all but a lukewarm royalist. Hugh Bigod was the baronial Justiciar next year. Adam Marsh was one of his oldest and most intimate friends; the mantle of Grosseteste had fallen on Walter de Cantilupe, Bishop of Worcester. Although the same cannot be said of the ambassadors appointed to conduct the Sicilian affair in conjunction with the earl, yet their instructions left no doubt as to what must be the result of their embassy, and coincided with what we find afterwards to have been Simon’s policy. The king was still very unwilling to relinquish the enterprise, and wrote to the Pope to say that in spite of the opposition of the barons he hoped still to carry it through. The commissioners were entrusted with full power to amend the conditions on which the concession of the kingdom of Sicily had been made. They were to obtain a relaxation of the threat of interdict, and a further respite in the performance of the king’s engagements. If possible, the matter was to be peaceably arranged by the marriage of Edmund with Manfred’s daughter. If the Pope refused these proposals, they were to offer him a choice between three courses, which were such that he was extremely unlikely to take any one of them. In case of need they were empowered to renounce the whole scheme. It was evident that the Pope would hardly grant such conditions as would satisfy de Montfort, and that if he had the direction of the affair it would end in a complete renunciation. It was announced that the object of the embassy to France was to secure peace for the prosecution of the Sicilian scheme; the best result of the embassy to Rome would have been that of securing peace with France by the removal of the cause of jealousy, the Sicilian scheme itself. Simon de Montfort did not go to Rome, nor did his colleagues; they could ill be spared by their respective parties at this crisis. They did however go to France; but, though kindly received by the king, they got nothing but hard words from the nobility, and returned with small success. As long as the English claims on Normandy were kept up, a lasting peace with France was impossible.

Both these embassies, though unsuccessful, were signs of a new foreign policy, which struck at the roots of one of the great causes of internal discontent. They are the first indications that the steady opposition of the English people to unwise interference in foreign affairs was beginning to tell. It was the first triumph of a tendency which the final cession of Normandy two years later, when Simon de Montfort was in power, shows to have been after the earl’s own heart. The king in giving way so far as he did seems to have had an inkling of what was about to happen; he may well have been appalled at the temper of the country. He had just had a warning of the fiery passions smouldering around him, only waiting for an opportunity to burst forth in a great conflagration. It was apparently at the time when the magnates were assembled in London for the Lent Parliament of 1257 that a violent quarrel broke out between the Earl of Leicester and William of Valence. The latter, trusting that his royal brother would support him in his insolence, and not content with humbler prey, had made an inroad on de Montfort’s lands, and carried off some of his property. The earl seems to have brought the matter before the king, and in the dispute which arose William added insult to injury by calling Simon, in the presence of the assembled barons, a traitor, which, as the chronicler naively observes, is a great offence to a knight. Whereupon Simon was so enraged that he drew his sword, and would have revenged himself upon his enemy then and there but for the intervention of the king, who, in fear for his brother’s life, threw himself between the disputants. The incident was probably soon forgotten, but it was enough to show what was to be feared. However, after the Welsh expedition, a moment of quiet ensued; several of the chiefs of the opposition were absent in France; the year closed without any indication that an outbreak was nearer than it had been any time within the last five years.

Meanwhile Henry found leisure to visit the Abbey of St Albans, and means to make princely offerings to the shrine. These were indeed the occupations which best suited him, the only consolations which he still retained. Such a spectacle arouses feelings of a mingled nature. For while we condemn Henry as a ruler, and find him hardly less despicable as a man, yet, in the midst of such trouble as was shortly to burst upon him, some feeling of pity is mingled with our resentment The death of his daughter Katharine, the illness of the queen, the triumph of the Welsh, the disappointment of his hopes in Sicily, threw him about this time into a violent fever. He was now just fifty years old. The gaiety and conversational powers which had enlivened his brothers table at Wallingford, and astonished the monks of St Albans, had given place to a violence of temper, to which indeed he had always been liable, but which had now reached such a point that when the fit was on him—and the slightest opposition sufficed to rouse it—his most constant attendants dared not approach him. He had hardly a man, beyond creatures like John Mansel, whom he could call his friend; he had alienated almost all his vassals in turn; the English barons whom he tried to win took his gifts and opposed him in the council; the foreigners whom he pampered sneered at him, and used him for their own of selfish ends. But though no one loved him, his character was not such as to make him hated as his father was; he was the object of dislike and contempt rather than of hatred and fear. With his brother Richard he was never on good terms; even his eldest son, in whom a noble character was nearly ruined by paternal indulgence, had openly called him to account for his injustice. He had no claim on the affections of his people; he had not added to, nay, he had diminished, English power abroad. He could not dazzle the nation with feats of arms like his uncle Richard, or enforce their respect like his grandfather with administrative reform. Affectionate he was, but his was too often the random affection which is worthless to its object; liberal, but with other men’s money; personally brave, but no commander; virtuous, but his virtues were of a negative kind. He was not cruel, but he looked on the traders and the Jews as sheep kept only to be shorn; he was not by nature a despot, but he had no idea of political rights. He was ambitious, but short-sighted; credulous, but distrustful; sanguine, but timid. He was not resolute, but obstinate; not selfish, but weak; a man of great desires, but little will. He possessed a certain cunning, but not the astuteness and decision of John. He had the same want of political insight, but neither the nobility of character nor the power of inspiring affection, which characterised Charles I. To his credit it must be acknowledged that, with a father and grandfather who were notoriously licentious, Henry was a blameless husband; but this very uxoriousness was no small cause of his troubles. In a superstitious age two traits in his character commanded some respect, however little they may win now. Although not grateful as a rule, but rather chafing under an obligation, he never forgot the debt he owed to Rome for saving him his crown. Although no oath was sacred to him, although he thought nothing of seizing without the shadow of an excuse the goods of a merchant, his devoutness was such that the pious King of France said, “Whatever be his sins, his prayers and offerings will save his soul”.

Of the character of his great antagonist it is harder to judge. Hitherto we have seen but little of him; our view has been confined to the general course of the constitutional struggle, which I have traced, however imperfectly, up to the point where it suddenly enters upon a new phase in the Revolution of 1258. The history is a somewhat wearisome and monotonous one; the contest seems endless and resultless; the country is to all appearance as badly off, the chance of relief as distant, the deadlock in the government as hopeless, as ten years before. But in the interval parties have been forming, political ideas ripening; the conviction that such a state of things must have an end has grown stronger and stronger. It is impossible to trace with certainty the part Simon de Montfort took in the preliminary struggle. The few allusions to him after his return from Gascony leave the impression that the king tried at one time to conciliate him, at another to keep him out of the way. We find him acting as ambassador to France and Scotland, though on no occasion does he seem to have stayed long away. With his public duties on one of these occasions he combined certain private transactions in France, and such matters may have demanded his attention at other times, but we may fairly believe that during the greater part of the four years previous to the meeting of the Mad Parliament he was in England. He had increased the kings obligations to him by becoming his creditor to a large amount, not only for what was still owing to him from the Gascon accounts, but for a voluntary loan. Various more or less doubtful securities were given him for this debt: the money owed by the Earl of Norfolk to the Crown; the debts of a certain Jew, Aaron by name; lastly the castle and lands of Bigorre, in Gascony. He took his place among the nobles who witnessed the writ by which in 1256 the title of the young king of Scotland to the earldom of Huntingdon was confirmed. In the next year several knights fees were conferred upon him, and he received a promise from the king not to dispute a will he intended to make.

With such scant notice of the public life of de Montfort we must be content. Of his private life, since the death of Bishop Grosseteste, we know less than ever : the letters of Adam Marsh to him, if any, as does not appear probable, were written during this period, tell us next to nothing. There seems no reason to believe, as has been suggested, that he submitted to a voluntary exile in France, away from his fair lands of Kenilworth and Odiham. We need not suppose, and it is of itself very improbable, that a man who stood in the very first rank of the baronage, nominally reconciled to, if not actually on friendly terms with, the king, should have left his country and abstained from politics at such a crisis. There were indeed during the last four years no such vigorous attempts to resist the oppressor as those of 1246 and 1248—the resistance had become rather sullen and passive—nor were there the like opportunities of personal distinction. But are we therefore to conclude that the man who was so prominent in the period before he took office in Gascony, and who appears as the recognised leader in 1258, lived in retirement all this time? If his name is not mentioned by contemporary historians as a leader, no more is the name of any other. Yet leaders there must have been even of such opposition as there was, and it is impossible to account for the position Simon de Montfort assumed immediately on the outbreak of the revolution, by any other hypothesis than that he was one of the foremost of those leaders. His opinions and character had long been known to a small body of liberal-minded men : a much larger party were now beginning to look up to him as the one man in whom they could trust. I have already alluded to the change of Henry’s foreign policy in the year 1257, as a proof that the principles embraced by the earl were making way. And by whose agency should they have made way, if not by his? He was not the man to hurry on a premature development in order to call attention to himself. It is no wonder if the chroniclers, noting down events year by year, failed to observe till the outbreak the steps by which he won the lead. His rise was gradual and unobserved by many. His was not the flashy liberalism of unthinking youth, but the settled judgment of a mature experience. We do not know that he ever theorised in politics; he certainly did not found a school; in statecraft there were probably living some, though not many, who were his superiors. The popular reverence for him was likewise slow in growing. A nation, especially perhaps the English nation, is slow to recognise its great men. The feeling which placed Simon de Montfort on the same pedestal with St. Thomas of Canterbury was not the growth of a day, but it had its roots in the heart of a people. That which gave him his strength, that which drew men to follow him to the death, was this: that the love of right, the feeling of sympathy with an injured people, became in him a stern resolve which no temptation could shake, no obstacle stay, no danger intimidate. As the men of an earlier day, the links between the gloomy present and the glories of the Great Charter, one by one disappeared, he stood forth alone. His peers were almost all more or less suspect: on him rested no stain of yielding. The friends and counsellors on whom he had depended were gone; he was far past the prime of life. But his was not the nature to be daunted by the lonely heights, solitude showed him his strength. The time was come, and with it the man.

 

 

CHAPTER VI.

 

THE POSITION OF PARTIES IN 1258.