Great Britain -- History -- Henry III, 1216-1272; Henry III, King of England, 1207-1272
(who had made up his mind not to return to England), surrendered it
into the King’s hand, and thereupon immediately received it back again
to hold “quamdiu nobis placuerit” as constable in his own person (_Pat.
Rolls_, vol. i. p. 203).
I will not dispute that a claim to continuity of tenure was made,
explicitly or implicitly, by some of the castellans, and that _in
practice_ they mostly succeeded in enforcing it; but that it ever
received formal “recognition” seems to me disproved by (_a_) the oath
of the barons at Henry’s second coronation, and (_b_) the Pope’s
letters on the subject of the royal castles.
(_a_) “From the annals of Dunstable we learn that on the morrow of the
coronation (in 1220) the barons who were there present swore that they
would resign their castles and wardships” (_castra et wardias suas_)
“at the King’s will, and would faithfully render accounts of their
farms at the Exchequer” (Turner, pt. II, p. 239; see the original,
from _Ann. Dunst._ a. 1220, above, footnote 680). This oath--taken
at a time (18th May, 1220) when it had not yet been settled whether
Henry was to attain his majority at fourteen or at twenty-one, and
when his actual age was twelve years and seven months--is clearly to
be understood as a promise to yield up the castles of which they had
custody, and render account for them, whenever they should in the
King’s name be called upon to do so, from that day forth, not merely
after the King’s coming of age. Mr. Turner understands it thus, for
he comments upon the passage, “In all probability the chief object of
these proceedings was to obtain the castles of Rockingham and Sauvey
from the Count of Aumale” (pt. II, p. 240). (_b_) On 26th May, 1220,
the Pope issued orders that all prelates holding royal castles should
surrender them; and on 28th May, that no man should be suffered to
retain the custody of more than two royal castles at once (_Roy.
Lett._, vol. I, pp. 535, 121; cf. above, pp. 146, 147, and Turner, pt.
II, p. 242). To me it appears that these letters are incompatible with
any “recognition” by the Pope--who, be it remembered, was acknowledged
by all parties as the legal overlord of England and the chief guardian
of the King--of the doctrine of the castellans’ right to continuity of
tenure during the King’s minority; and that the oath taken after the
coronation is equally incompatible with any such recognition on the
part of the regents in England, or even with any general recognition of
that doctrine among the castellans themselves.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account