Great Britain -- History -- Henry III, 1216-1272; Henry III, King of England, 1207-1272
With regard to the great officers of state, Mr. Turner’s inference is
based (pt. I, p. 271) on (1) the case of Geoffrey de Marsh, Justiciar
in Ireland; (2) that of Richard de Marsh, Chancellor of England; (3)
the parallel, or analogy, between the position of the great officers
of the Crown and that of the lesser ones--“the sheriffs and castellans
claimed to hold their bailiwicks throughout the King’s minority, and
the greater officers of state must have considered that they were
entitled to the same privilege” (pt. I, 272). Of (1) I have given
the whole story in my text, pp. 94, 95, 123–125, 174, 175, 217, 259.
Of (2) Mr. Turner says: “Richard de Mareis, the Chancellor, seems to
have grievously neglected his office, and to have left his duties to
be performed by Ralph de Neville, the vice-chancellor. It is scarcely
likely that he would have been permitted to enjoy the emoluments
of his office while repudiating its burden, if he could have been
removed” (pt. I, p. 272). The Chancellor’s office, unlike that of the
Justiciar or the sheriffs, was necessarily vacated by the death of
the King, inasmuch as he held it (as Mr. Turner points out, pt. I, p.
271) not by letters patent but by virtue of the delivery of the King’s
seal into his hands, and every King had a new seal. The Chancellor
appointed by John therefore, could not “claim the right to _continue_
in office until the king’s minority had determined”; such continuity
was impossible in an office conferred by the delivery of a symbol which
changed with a change of sovereigns. He _may_, as a great minister of
the Crown, have claimed a right to be re-appointed for the term of the
King’s minority. A formal re-appointment would not be possible in his
case till the new great seal was made, and this was not till October,
1218; but there may have been an informal agreement by which he was
left in possession of the functions and rights appertaining to the
chancellorship throughout the two years during which the Marshal’s
seal was used instead of the King’s, on the understanding that when
this latter arrangement terminated he was to receive the new seal in
the usual way. Such an agreement need not, however, imply any right
of continuity in office. Richard de Marsh was not the only Chancellor
who habitually left his duties to a deputy and yet was suffered to
retain his title and his profits. As to (3), it would certainly appear
that since justiciars, sheriffs, and castellans were all appointed
in the same manner and on the same terms--by letters patent, to hold
office during the King’s pleasure--the greater officers must have been
irremoveable during the minority, _if the lesser ones were acknowledged
to be so_. For the reasons already given, this latter point seems to me
not proven.
Public-domain text, read in full here on John Shaqi.
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