The History of England | Page 9

with Gualo, controlled the whole policy of the
new reign. Next to them came Hubert de Burgh, John's justiciar, whom
the marshal very soon restored to that office. But Hubert at once went
back to the defence of Dover, and for some time took little part in
general politics.
[1] The fears and hopes of the marshal's friends are well depicted in
_Histoire de Guillaume le Maréchal_, lines 15500-15708.
[2] The panegyrist of the marshal emphasises strongly the fact that
Peter's charge was a delegation, _ibid._, lines 17993-18018.
On November 12, the legate and the regent issued at Bristol a
confirmation of the Great Charter. Some of the most important articles
accepted by John in 1215 were omitted, including the "constitutional
clauses" requiring the consent of the council of barons for extraordinary
taxation. Other provisions, which tied the hands of the government,
were postponed for further consideration in more settled times. But
with all its mutilations the Bristol charter of 1216 marked a more
important moment than even the charter of Runnymede. The
condemnation of Innocent III. would in all probability have prevented
the temporary concession of John from becoming permanent. Love of
country and love of liberty were doubtless growing forces, but they

were still in their infancy, while the papal authority was something
ultimate against which few Christians dared appeal. Thus the adoption
by the free will of the papal legate, and the deliberate choice of the
marshal of the policy of the Great Charter, converted, as has well been
said, "a treaty won at the point of the sword into a manifesto of peace
and sound government".[1] This wise change of policy cut away the
ground from under the feet of the English supporters of Louis. The
friends of the young Henry could appeal to his innocence, to his sacred
unction, and to his recognition by Holy Church. They offered a
programme of limited monarchy, of the redress of grievances, of vested
rights preserved, and of adhesion to the good old traditions that all
Englishmen respected. From that moment the Charter became a new
starting-point in our history.
[1] Stubbs, _Const. Hist._, ii., 21.
In strange contrast to this programme of reform, the aliens, who had
opposed the charter of Runnymede, were among the lords by whose
counsel and consent the charter of Bristol was issued. In its weakness
the new government sought to stimulate the zeal both of the foreign
mercenaries and of the loyal barons by grants and privileges which
seriously entrenched upon the royal authority. Falkes de Bréauté was
confirmed in the custody of a compact group of six midland shires,
besides the earldom of Devon, and the "county of the Isle of Wight,"[1]
which he guarded in the interests of his wife and stepson. Savary de
Mauléon, who in despair of his old master's success had crossed over to
Poitou before John's death, was made warden of the castle of Bristol.
Randolph of Chester was consoled for the loss of the regency by the
renewal of John's recent grant of the Honour of Lancaster which was by
this time definitely recognised as a shire.[2]
[1] Histoire des ducs de Normandie, etc., p. 181.
[2] Tait, Medieval Manchester and the Beginnings of Lancashire, p.
180.
The war assumed the character of a crusade. The royalist troops wore
white crosses on their garments, and were assured by the clergy of

certain salvation. The cruel and purposeless ravaging of the enemy's
country, which had occupied John's last months of life, became rare,
though partisans, such as Falkes de Bréauté, still outvied the French in
plundering monasteries and churches. The real struggle became a war
of castles. Louis endeavoured to complete his conquest of the
south-east by the capture of the royal strongholds, which still limited
his power to the open country. At first the French prince had some
successes. In November he increased his hold on the Home counties by
capturing the Tower of London, by forcing Hertford to surrender, and
by pressing the siege of Berkhampsted. As Christmas approached the
royalists proposed a truce. Louis agreed on the condition that
Berkhampsted should be surrendered, and early in 1217 both parties
held councils, the royalists at Oxford and the barons at Cambridge.
There was vague talk of peace, but the war was renewed, and Louis
captured Hedingham and Orford in Essex, and besieged the castles of
Colchester and Norwich. Then another truce until April 26 was
concluded, on the condition that the royalists should surrender these
two strongholds.
Both sides had need to pause. Louis, at the limit of his resources, was
anxious to obtain men and money from France. He was not getting on
well with his new subjects. The eastern counties grumbled at his taxes.
Dissensions arose between the English and French elements in his host.