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For the moment the hostility of London was decisive against Henry. Once more the king was forced to confirm the Provisions, agree to a fresh banishment of the aliens, and restore Hugh Despenser to the justiciarship. This was the last baronial triumph. In a few weeks Edward again took up arms, and was joined by many of Montfort's associates, including his cousin, Henry of Almaine.
Under such a system the justiciarship practically ceased to exist. The treasurership was held for short periods by royal clerks of no personal distinction. Even the chancellorship became overshadowed. Henry quarrelled with Ralph Neville in 1238, and withdrew from him the custody of the great seal, though he allowed him to retain the name and emoluments of chancellor.
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.
Hugh Bigod, who had surrendered the Tower and Dover in the spring, surrendered the other castles he held in the autumn. Hugh Despenser was deposed from the Justiciarship and a royalist, Philip Basset, appointed in his place. The news of this counter-revolution reunited for a moment the barons. Gloucester joined Earl Simon in calling an autumn Parliament at St.
The responsibility of the justiciarship was at the same time divided between Bishop Hugh of Durham and the Earl of Essex, who, however, shortly died, and in his place was appointed William Longchamp. With them were associated as assistant justices five others, of whom two were William Marshal, now possessing the earldom of Pembroke, and Geoffrey Fitz Peter himself afterwards justiciar.
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.
The Bishop of Durham, Hugh de Puiset, bought the earldom of Northumberland and the justiciarship of England; the Bishop of Winchester and the Abbot of St.
Arguing on the same basis as that adopted by them regarding the right of self-government and independence, it appears that they considered the right of a state to act as Justiciar for other states to be a right superadded to the right of self-government and independence in some cases that is, that justiciarship is a conditional universal right of self-governing and independent states, the conditions necessary to its existence being great physical strength, a judicial character and a capacity for leadership.
Another important source of royal revenue, the judicial system, was put under his control, and was forced to contribute the utmost possible to the king's income. That the justiciarship was at this time as well defined an office, or as regularly recognized a part of the state machinery, as it came to be later, is hardly likely.
John's position was not the only source from which speedy trouble was threatened when Richard crossed to Normandy on December 11. He had prepared another, equally certain, in the arrangement which had been made for the justiciarship. It was absurd to expect Hugh of Puiset and William Longchamp to work in the same yoke. In spirit and birth Hugh was an aristocrat of the highest type.
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