Great Britain -- History -- Henry III, 1216-1272; Henry III, King of England, 1207-1272
Mr. Turner (“Minority of Henry III,” part I, pp. 270–276) has gone into
this question with great care and in considerable detail. He sums up
his conclusions about it in four passages. (1) “It is highly probable
that the three great officials, the two justices” (_i.e._, the chief
Justiciars of England and Ireland) “and the Chancellor, claimed the
right to continue in office till the King’s minority had determined....
Direct evidence of the claim is not forthcoming, but there are facts
which point to it having been put forward” (p. 271). (2) “The sheriffs
and castellans claimed to hold their bailiwicks throughout the King’s
minority” (p. 272). (3) “A dispute between Engelard de Cigogné and
William de Warenne as to which of them was entitled to the shrievalty
of Surrey shows that it was decided early in the reign that the
sheriffs who had been appointed by King John claimed the right to
continue in office until his successor attained his majority” (p. 274).
(4) “It had been decided that John’s sheriffs held office as of right
during the minority” (p. 275).
Thus Mr. Turner--if I understand him rightly--regards the existence
of this claim in the case of the great officers of state as merely a
probable inference; but in the case of the sheriffs and castellans he
regards not only the existence, but also the acknowledgment of the
claim, as a fact, proved, so far as the sheriffs are concerned, by the
case of the shrievalty of Surrey. That case is, briefly, as follows:
Early in 1218 there were two rival claimants to the sheriffdom of
Surrey; Engelard de Cigogné, who had been appointed to it by John in
April, 1216, and William, Earl of Warren. The grounds of William’s
claim are unknown. The most obvious conjecture is that he had received
a grant, or a promise, of the sheriffdom in the summer of 1217 as the
price of his return to allegiance; but this is only a conjecture;
his claim may have been based on some old prescriptive right--his
proper territorial designation was Earl of Surrey--or on some grant
or promise made to him by John; John may have granted or promised the
sheriffdom to William, before William’s defection from allegiance,
on some special terms such as might justify William in arguing that
on his “reversion” the promise was binding on John’s successor. The
case was under consideration for nine months, from 1st February till
November, 1218; and at the latter date it was still undecided, but
Engelard was promised that if the decision went against him, he should
be compensated by a grant of land and an annuity from the Treasury.
The decision is unrecorded; the end, however, was that William got the
sheriffdom and Engelard the promised compensation (Turner, pt. I, pp.
274–5). Whether this was the result of a formal judgement given by the
Council in favour of Earl William’s claim, or of a compromise agreed
upon between the two claimants and sanctioned by the Council, there
is nothing to shew. On this case Mr. Turner comments: “The mere fact
Public-domain text, read in full here on John Shaqi.
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