oul of the royal party, had unhappily,
before the king's accommodation with the barons, been taken prisoner
by Leicester in a parley at Windsor [c]; and that misfortune, more
than any other incident, had determined Henry to submit to the
ignominious conditions imposed upon him. But Edward, having recovered
his liberty by the treaty, employed his activity in defending the
prerogatives of his family; and he gained a great party even among
those who had at first adhered to the cause of the barons. His cousin
Henry d'Allmaine, Roger Bigod, earl marshal, Earl Warrenne, Humphrey
Bohun, Eaff of Hereford, John Lord Basset, Ralph Basset, Hammond
l'Estrange, Roger Mortimer, Henry de Piercy, Robert do Brus, Roger de
Leybourne, with almost all the lords marchers, as they were called, on
the borders of Wales and of Scotland, the most warlike parts of the
kingdom, declared in favour of the royal cause; and hostilities, which
were scarcely well composed, were again renewed in every part of
England. But the near balance of the parties, joined to the universal
clamour of the people, obliged the king and barons to open anew the
negotiations for peace; and it was agreed, by both sides, to submit
their differences to the arbitration of the King of France [d].
[FN [c] M. Paris, p. 669. Trivet, p. 213. [d] M. Paris, p. 668.
Chron. T. Wykes, p. 58. W. Heming, p. 580. Chron Dunst. vol. i. p.
363.]

[MN Reference to the King of France.]
This virtuous prince, the only man who, in like circumstances, could
safely have been intrusted with such an authority by a neighbouring
nation, had never ceased to interpose his good offices between the
English factions; and had even, during the short interval of peace,
invited over to Paris both the king and the Earl of Leicester, in
order to accommodate the differences between them; but found, that the
fears and animosities on both sides, as well as the ambition of
Leicester, were so violent, as to render all his endeavours
ineffectual. But when this solemn appeal, ratified by the oaths and
subscriptions of the leaders in both factions, was made to his
judgment, he was not discouraged from pursuing his honourable purpose:
[MN 1264.] he summoned the states of France at Amiens; and there, in
the presence of that assembly, as well as in that of the King of
England, and Peter de Montfort, Leicester's son, he brought this great
cause to a trial and examination. It appeared to him, that the
provisions of