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niface gathered an army in France for an invasion; Roger Mortimer with the border barons was still in arms and only held in check by Llewelyn. It was impossible to make binding terms with an imprisoned king, yet to release Henry without terms was to renew the war. The imprisonment too gave a shock to public feeling which thinned the Earl's ranks. In the new Parliament which he called at the opening of 1265 the weakness of the patriotic party among the baronage was shown in the fact that only twenty-three earls and barons could be found to sit beside the hundred and twenty ecclesiastics. [Sidenote: Summons of the Commons] But it was just this sense of his weakness which prompted the Earl to an act that has done more than any incident of this struggle to immortalize his name. Had the strife been simply a strife for power between the king and the baronage the victory of either would have been equally fatal in its results. The success of the one would have doomed England to a royal despotism, that of the other to a feudal aristocracy. Fortunately for our freedom the English baronage had been brought too low by the policy of the kings to be able to withstand the crown single-handed. From the first moment of the contest it had been forced to make its cause a national one. The summons of two knights from each county, elected in its county court, to a Parliament in 1254, even before the opening of the struggle, was a recognition of the political weight of the country gentry which was confirmed by the summons of four knights from every county to the Parliament assembled after the battle of Lewes. The Provisions of Oxford, in stipulating for attendance and counsel on the part of twelve delegates of the "commonalty," gave the first indication of a yet wider appeal to the people at large. But it was the weakness of his party among the baronage at this great crisis which drove Earl Simon to a constitutional change of mighty issue in our history. As before, he summoned two knights from every county. But he created a new force in English politics when he summoned to sit beside them two citizens from every borough. The attendance of delegates from the towns had long been usual in the county courts when any matter respecting their interests was in question; but it was the writ issued by Earl Simon that first summoned the merchant and the trader to sit beside the knight of the shire, the baron, and the bishop in the parliament of the
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