In this last clause lies the weakness of the charter and of the whole baronial position. The legalization of temporary rebellion inevitably affected the tempers of both sides. At the same time, in the opinion of the archbishop and the moder ate party, it was likely to secure not peace and good government but prolongation of the time of disorder. The baronial choice fell on some of the worst malcontents. The mayor of London was the only member of the 25 who was of less than baronial rank, no bishops were among them, and the only one of them who had any sympathy with the king's point of view was the count of Aurnale, a thoroughly untrustworthy person. The moderate men secured the appointment of a second committee of 38 men, chosen from all parties, and containing some of the wisest of the king's supporters. The work of this body was to hold the balance between the king and the 25. But despite this arrangement war broke out. The charter as it was issued can have satisfied no one. Some of the Northern barons had even withdrawn before agreement was reached ; other barons evidently cared only for those clauses which secured to themselves either general promises or the redress of individual grievances. Stephen Langton, the wiser earls, and the judges saw the clauses by which they hoped to secure a well run administration wrecked by such insistence on personal ques tions. For the moment the king seemed willing to keep his part of the bargain. The charter was sent into every shire for publication by the sheriff, orders were sent to sheriffs and bailiffs that men should swear allegiance to the 25, and that enquiries should be set on foot as to the evil customs to be abolished. Peter des Roches ceased to be justiciar, and Hubert de Burgh was appointed. Some of the foreign mercenaries were dismissed, and some of the offending sheriffs removed. Enquiries were also set on foot as to claims of individuals against the king. This compliance did not last long. The tyranny of the 25 was not to be borne by one so impatient of control as John. He made ready for war, sending to Aquitaine and Flanders for mercenaries, and to the Pope for spiritual help.
While the king made ready for war the baronial leaders re mained in London, making no other preparations than negotia tions with the French king for help against John. The Northern barons who had withdrawn from the negotiations for the charter fortified their castles. All over the country the king's lands were attacked and his deer stolen. The administration was disorganized; the business of the Exchequer at a standstill. Stephen Langton and the bishops could do nothing. The Pope annulled the charter and excommunicated the baronial leaders. The archbishop refused to publish the excommunication, little as he approved of the baronial attitude, and left the country with his office in abeyance.
In October a party of barons seized Rochester castle, but John laid siege to it and it fell on St. Andrew's day. No substantial help came from France till January 1216, and Louis, son of Philip Augustus, whom the barons wished to make king, only landed in May. Meanwhile John was isolating the baronial stronghold of London by the fortification of Windsor, Hertford, Berkhampstead and Bedford castles. One company of the royal army occupied
itself in reducing East Anglia and Essex. The king in person quelled resistance in the north, and appointed trustworthy men to keep the northern barons in subjection. Had it not been for French help the rebellion would have been over before the summer of 1216. The coming of Louis meant the desertion of many of John's French mercenaries. Louis' momentary success drew to his side some of the greater barons who had hitherto supported John, the earls of Warenne, Arundel and Salisbury, and the count of Aumale. War was renewed all over the country. Alexander of Scotland raided the north. Lincoln castle was besieged by barons acting in the name of Louis. In Yorkshire the rebel barons rose again, and in Nottinghamshire the castles of Nottingham and Newark were taken by them. But the king's cause was by no means lost. In the north the men appointed by John had little difficulty in upholding his authority. Even in the south Louis made little headway. Although he took Winchester, he could not take the castles of Windsor or Dover. Meanwhile, resentment against French domination began to be felt among the barons. John reorganized his forces in the south-west, drew off the besiegers of Windsor castle and passed into the eastern counties, where he intended to crush resistance as he had done in the north in the previous winter. At Kings Lynn he was seized with dysentery. He crossed the Wash and managed to struggle to Newark, where he died on Oct. 19, 1216. With his death the need for further oppo sition to royal authority was gone, for the moderate party took control of affairs in the name of the young Henry.
The Charter was at once re issued with certain significant changes. All clauses of a purely temporary nature were omitted, those dealing with mercenaries and the redress of grievances. With them went the promise that only justices, constables, sheriffs and bailiffs who know the law and are willing to observe it shall be appointed (45). Clauses which might affect the royal power to raise money were omitted, those relating to the Jews, the feudal aids, and the farms of the shires. The clause laying down the way in which the barons should be consulted in the feudal council was omitted. These omissions were all matters of policy. It was not the time to haggle over personal grievances, nor could Henry's advisers rightly bind the young king in matters of general policy. The mercenaries were needed to fight Louis. Money was needed from whatever source. The necessity of the moment, too, added a provision that payment for goods for royal castles might be postponed for three weeks. Other changes, slight though they were, showed that those who reissued the charter had sufficient time and interest to consider the advantage of authoritative statements on difficult legal points. The position of the heir in his lord's wardship and the position of a widow with regard to her dower are more precisely defined. The form of security for the maintenance of the charter was omitted, but a clause was inserted promising full consideration of everything that needed correction.