Great Britain -- History -- Henry III, 1216-1272; Henry III, King of England, 1207-1272
[922] This is evident from the non-existence of any charters or Charter
Rolls of Henry III earlier than January, 1227, after which they begin
immediately. See Powicke, _Eng. Hist. Rev._, vol. xxiii. pp. 221–223.
“The clause in italics” (_non autem quoad hoc_, etc., see preceding
note) “is important, and defines the meaning of _dispositio_. Henry
could now entrust his castles and lands, and the property of his wards,
at his own choice, but the declaration of 1218 against permanent
grants under the great seal still held good. These grants could not
be regarded in a court of law as possessed of the finality allowed
to a charter” (_ib._ p. 222). Falkes describes the limitation of the
King’s powers as follows: “Cum a sede apostolica jussio processisset
ut castra, ballia, et caetera quae sunt regis, a cunctis tenentibus
redderentur, adjuncta clausula quod rex ipse jam adultus factus non
posset compelli habere tutorem vel curatorem, nisi ad causam, invitus.”
_Querimonia_, W. Cov., vol. ii. p. 261.
[923] “Justiciarius et complices sui ... procuraverunt ut duo barones
ad curiam regis vocarentur, scilicet Walterus de Lascy et Radulfus
Musard, quorum fidelitas pro ipso rege in omnibus fuit approbata,
quibus cum accessissent non antea recedere licuit quam castra quae
causa custodiae tenebant dicto justitiario assignarent.” _Quer. Falc._,
p. 261.
[924] Falkes is our only informant on this transaction; but his story,
provokingly laconic as it is, receives some countenance from the
Rolls; for they show that on 15th November Lacy was, by a royal letter
attested by Hubert and issued on Hubert’s motion, ordered to deliver
Hereford castle and shire to Ralf FitzNicolas (_Pat. Rolls_, vol. i. p.
414), and that six weeks later the castle was in Hubert’s hands (_ib._
p. 419).
[925] _Quer. Falc._, _l.c._
[926] _Ib._ Henry and Hubert left London 8th or 9th November, and went
by Oxford, Woodstock, and Cirencester to Gloucester, where they were
16th–22nd November; _Close Rolls_, vol. i. pp. 575–576.
[927] _Quer. Falc._, _l.c._
[928] Cf. the summons in _Pat. Rolls_, vol. i. pp. 481, 482, and R.
Wend., vol. iv. p. 93. Nothing is said of Walter de Lacy or Ralf
Musard, whom we should have expected to find in the malcontents’ camp,
if they were free to join it. Most likely they were not so; Ralf was,
so far as we know, still the responsible custodian of Gloucester
castle, where Hubert now had him safe under his own eyes; and a letter
close of 16th November shows that Walter was “detained in England in
the King’s service” (_Close Rolls_, vol. i. p. 575 b)--probably in
actual attendance on the King and thus under the surveillance of the
Justiciar.
[929] _Ann. Dunst._, p. 83.
[930] _Close Rolls_, vol. i. p. 576 b. They seem to have taken up their
abode in the Tower.
[931] _Roy. Lett._, vol. i. p. 539.
[932] R. Wend., vol. iv. pp. 88–89. Cf. _Quer. Falc._, p. 261, and Note
VII.
[933] See Note VII.
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