The History of England. T. F. Tout
who had held many judicial and administrative posts, including the regency during the king's absence abroad in 1230. He abandoned his original clerical profession, received knighthood, married nobly, and was the founder of a baronial house in the midlands. His only political principle was obedience to the powers that were in the ascendant. Passelewe, a clerk who had acted as the agent of Randolph of Chester and Falkes of Bréauté at the Roman court, was, like Segrave, a mere tool.
The Bishop of Winchester began to show his hand. Between June 26 and July 11, nineteen of the thirty-five sheriffdoms were bestowed on Peter of Rivaux for life. As Segrave was sheriff of five shires, and the bishop himself had acquired the shrievalty of Hampshire, this involved the transference of the administration of over two-thirds of the counties to the bishop's dependants. On the downfall of Hubert, Segrave became justiciar. He was not the equal of his predecessors either in personal weight or in social position, and did not aspire to act as chief minister. The appointment of a mere lawyer to the great Norman office of state marks the first stage in the decline, which before long degraded the justiciarship into a simple position of headship over the judges, the chief justiceship of the next generation. Hubert's offices and lands were divided among his supplanters. Peter of Rivaux became keeper of wards and escheats, castellan of many castles on the Welsh march, and the recipient of even more offices and wardships in Ireland than in England. The custody of the Gloucester earldom went to the Bishop of Winchester. The last steps of the ministerial revolution were completed at the king's Christmas court at Worcester. There Rivaux, who had yielded up before Michaelmas most of his shrievalties, was made treasurer, with Passelewe as his deputy. Of the old ministers only the chancellor, Ralph Neville, Bishop of Chichester, was suffered to remain in office. Finally the king's new advisers imported a large company of Poitevin and Breton mercenaries, hoping with their help to maintain their newly won position. The worst days of John seemed renewed.
The Poitevin gang called upon Hubert to render complete accounts for the whole period of his justiciarship. When he pleaded that King John had given him a charter of quittance, he was told that its force had ended with the death of the grantor. He was further required to answer for the wrongs which Twenge's bands had inflicted on the servants of the pope. He was accused of poisoning William Earl of Salisbury, William Marshal, Falkes de Bréauté, and Archbishop Richard. He had prevented the king from contracting a marriage with a daughter of the Duke of Austria; he had dissuaded the king from attempting to recover Normandy; he had first seduced and then married the daughter of the King of Scots; he had stolen from the treasury a talisman which made its possessor invincible in war and had traitorously given it to Llewelyn of Wales; he had induced Llewelyn to slay William de Braose; he had won the royal favour by magic and witchcraft, and finally he had murdered Constantine FitzAthulf.
Many of these accusations were so monstrous that they carried with them their own refutation. It was too often the custom in the middle ages to overwhelm an enemy with incredible charges for it to be fair to accuse the enemies of Hubert of any excessive malignity. The substantial innocence of Hubert is clear, for the only charges brought against him were either errors of judgment and policy, or incredible crimes. Nevertheless he was in such imminent danger that he took sanctuary with the canons of Merton in Surrey. Thereupon the king called upon the Londoners to march to Merton and bring their ancient foe, dead or alive, to the city. Randolph of Chester interposed between his fallen enemy and the royal vengeance. He persuaded Henry to countermand the march to Merton and to suffer the fallen justiciar to leave his refuge with some sort of safe conduct. But the king was irritated to hear that Hubert had journeyed into Essex. Again he was pursued, and once more he was forced to take sanctuary, this time in a chapel near Brentwood. From this he was dragged by some of the king's household and brought to London, where he was imprisoned in the Tower. The Bishop of London complained to the king of this violation of the rights of the Church, and Hubert was allowed to return to his chapel. However, the levies of Essex surrounded the precincts, and he was soon forced by hunger to surrender. He offered to submit himself to the king's will, and was for a second time confined in the Tower. On November 10, he was brought before a not unfriendly tribunal, in which the malice of the new justiciar was tempered by the baronial instincts of the Earls of Cornwall, Warenne, Pembroke, and Lincoln. He made no effort to defend himself, and submitted absolutely to the judgment of the king. It was finally agreed that he should be allowed to retain the lands which he had inherited from his father, and that all his chattels and the lands that he had acquired himself should be forfeited to the crown. Further, he was to be kept in prison in the castle of Devizes under the charge of the four earls who had tried him.
Peter des Roches was soon in difficulties. The earls who had saved Hubert began to oppose the whole administration. Their leader was Richard, Earl of Pembroke, the second son of the great regent, and since his brother's death head of the house of Marshal. Richard was bitterly prejudiced against the king and his courtiers by an attempt to refuse him his brother's earldom. A gallant warrior, handsome and eloquent, pious, upright, and well educated, Richard, the best of the marshal's sons, stood for the rest of his short life at the head of the opposition. He incited his friends to refuse to attend a council summoned to meet at Oxford, on June 24, 1233. The king would have sought to compel their presence, had not a Dominican friar, Robert Bacon, when preaching before the court, warned him that there would be no peace in England until Bishop Peter and his son were removed from his counsels. The friar's boldness convinced him that disaffection was widespread, and he promised the magnates at a later council at London that he would, with their advice, correct whatever he found there was need to reform. Meanwhile the Poitevins brought into England fresh swarms of hirelings from their own land, and Peter des Roches urged Henry to crush rebellion in the bud. As a warning to greater offenders, Gilbert Basset was deprived of a manor which he had held since the reign of King John, and an attempt was made to lay violent hands upon his brother-in-law, Richard Siward. The two barons resisted, whereupon all their estates were transferred to Peter of Rivaux. Yet Richard Marshal still continued to hope for peace, and, after the failure of earlier councils, set off to attend another assembly fixed for August 1, at Westminster. On his way he learnt from his sister Isabella, the wife of Richard of Cornwall, that Peter des Roches was laying a trap for him. In high indignation he took horse for his Welsh estates, and prepared for rebellion.
The king summoned the military tenants to appear with horses and arms at Gloucester on the 14th. There Richard Marshal was declared a traitor and an invasion of his estates was ordered. But the king had not sufficient resources to carry out his threats, and October saw the barons once more wrangling with Henry at Westminster, and claiming that the marshal should be tried by his peers. Peter of Winchester declared that there were no peers in England as there were in France, and that in consequence the king had power to condemn any disloyal subject through his justices. This daringly unconstitutional doctrine provoked a renewed outcry. The bishops joined the secular magnates, and threatened their colleague with excommunication. A formidable civil war broke out. Siward and Basset harried the lands of the Poitevins, while the marshal made a close alliance with Llewelyn of Wales. The king still had formidable forces on his side. Richard of Cornwall was persuaded by Bishop Peter to take up arms for his brother, and the two new earls, John the Scot of Chester, and John de Lacy of Lincoln, joined the royal forces. Hubert de Burgh took advantage of the increasing confusion to escape from Devizes castle to a church in the town. Dragged back with violence to his prison, he was again, as at Brentwood, restored to sanctuary through the exertions of the bishop of the diocese. There he remained, closely watched by his foes, until October 30, when Siward and Basset drove away the guard, and took him off with them to the marshal's castle of Chepstow.
The tide of war flowed to the southern march of Wales. Llewelyn and Richard Marshal devastated Glamorgan, which, as a part of the Gloucester inheritance, was under the custody of the Bishop of Winchester. They took nearly all its castles, including that of Cardiff. Thence they subdued Usk, Abergavenny, and other neighbouring strongholds, while an independent army, including the marshal's Pembrokeshire vassals and the men of the princes of South Wales, wasted months in a vain attack on Carmarthen. The king's vassals were again summoned to Gloucester, whence Henry led them early in November towards Chepstow, the centre of the marshal's estates in Gwent. Earl Richard devastated his lands so effectively that the king could not support his army on them, and was compelled to move up the Wye valley towards the castles of Monmouth, Skenfrith, Whitecastle, and Grosmont, the strong quadrilateral