The History of England. T. F. Tout

The History of England - T. F. Tout


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minors and vacant fiefs. The subjection of the south-west was assured by the marriage of the mercenary leader, Falkes de Bréauté, to the mother of the infant Earl of Devon, and by the grant of Cornwall to the bastard of the last of the Dunstanville earls. Though Isabella, Countess of Gloucester, John's repudiated wife, was as zealous as her new husband, the Earl of Essex, against John's son, Falkes kept a tight hand over Glamorgan, on which the military power of the house of Gloucester largely depended. Randolph of Chester was custodian of the earldoms of Leicester and Richmond, of which the nominal earls, Simon de Montfort and Peter Mauclerc, were far away, the one ruling Toulouse, and the other Brittany. The band of foreign adventurers, the mainstay of John's power, was still unbroken. Ruffians though these hirelings were, they had experience, skill, and courage, and were the only professional soldiers in the country.

      The chief obstacle in the way of the royalists had been the character of John, and the little Henry of Winchester could have had no share in the crimes of his father. But the dead king had lately shown such rare energy that there was a danger lest the accession of a boy of nine might not weaken the cause of monarchy. The barons were largely out of hand. The war was assuming the character of the civil war of Stephen's days, and John's mercenaries were aspiring to play the part of feudal potentates. It was significant that so many of John's principal supporters were possessors of extensive franchises, like the lords of the Welsh March, who might well desire to extend these feudal immunities to their English estates. The triumph of the crown through such help might easily have resolved the united England of Henry II. into a series of lordships under a nominal king.

      [1] There is some conflict of evidence on this point, and Dr. Stubbs, following Wendover, iv., 2, makes Peter of Winchester crown Henry. But the official account in Fædera, i., 145, is confirmed by Ann. Tewkesbury, p. 62; Histoire de G. le Maréchal, lines 15329–32; Hist. des ducs de Normandie, et des rois d'Angleterre, p. 181, and Ann. Winchester, p. 83. Wykes, p. 60, and Ann. Dunstable, p. 48, which confirm Wendover, are suspect by reason of other errors.

      [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.


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