bitrators were,
however, to be sworn to choose none save English councillors, and Henry
took oath to follow the advice of his native-born council in all
matters of state. An amnesty was secured to Leicester and Gloucester;
and Edward and Henry of Almaine surrendered as hostages for the good
behaviour of the marchers, who still remained under arms. By the
establishment of baronial partisans as governors of the castles,
ministers, sheriffs, and conservators of the peace, the administration
passed at once into the hands of the victorious party. Three weeks
later writs were issued for a parliament which included four knights
from every shire. In this assembly the final conditions of peace were
drawn up, and arrangements made for keeping Henry under control for the
rest of his life, and Edward after him, for a term of years to be
determined in due course. Leicester and Gloucester were associated with
Stephen Berkstead, the Bishop of Chichester, to form a body of three
electors. By these three a Council of Nine was appointed, three of whom
were to be in constant attendance at court; and without their advice
the king was to do nothing. Hugh Despenser was continued as justiciar,
while the chancery went to the Bishop of Worcester's nephew, Thomas of
Cantilupe, a Paris doctor of canon law, and chancellor of the
University of Oxford.
Once more a baronial committee put the royal authority into commission,
and ruled England through ministers of its own choice. While agreeing
in this essential feature, the settlement of 1264 did not merely
reproduce the constitution of 1258. It was simpler than its forerunner,
since there was no longer any need of the cumbrous temporary machinery
for the revision of the whole system of government, nor for the
numerous committees and commissions to which previously so many
functions had been assigned. The main tasks before the new rulers were
not constitution-making but administration and defence. Moreover, the
later constitution shows some recognition of the place due to the
knights of the shire and their constituents. It is less closely
oligarchical than the previous scheme. This may partly be due to the
continued divisions of the greater barons, but it is probably also in
large measure owing to the preponderance of Simon of Montfort. The
young Earl of Gloucester and the simple and saintly Bishop of
Chichester were but puppets in his hands. He was the real elector who
nominated the council, and th
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