Great Britain -- History -- Henry III, 1216-1272; Henry III, King of England, 1207-1272
[323] _Pat. Rolls_, vol. i. p. 91.
[324] _Chron. Merton_, Petit-Dutaillis, p. 515.
[325] Cf. _ib._, R. Wend., vol. iv. p. 32, _Hist. Ducs_, p. 205, and
_Hist. G. le Mar._, ll. 17717–20.
[326] Rob. Autiss. Contin. II., Pertz, _Rer. Germ. Scriptt._, vol.
xxvi. p. 282.
CHAPTER II
THE REGENCY OF WILLIAM THE MARSHAL
1216–1219
He was a verray perfight gentil knight.
[Sidenote: 1216]
The coronation of Henry III had brought England face to face with a
problem which was practically new in her history: the problem of a
royal minority. In the days before the Norman Conquest, indeed, three
English kings had been crowned before they reached the age which for
men of lower degree was counted as that of legal majority; and the
last of these three, Æthelred the Redeless, had come to his throne
at almost the same age as Henry. But these cases were all too remote
to furnish precedents for the guidance of the statesmen into whose
hands the task of carrying on the government of England was thrown by
the death of John. They could not even furnish a precedent for the
choice of a regent; and the choice actually made was the result of
circumstances which may without exaggeration be called unique. None
of the known rules of English law concerning wardship were altogether
applicable to the case of the Crown. As the law of England then stood,
the wardship of a free tenement held by other than military tenure,
and of its infant heir, belonged to the infant’s next-of-kin who was
not capable of inheriting the tenement; the wardship of an infant
tenant in chivalry, and of his land, belonged to his overlord. If the
analogy of the former case were to be followed, the regency would
have fallen to the King’s mother, Isabel of Angoulême. Not only,
however, was the task, in the circumstances then existing, far too
weighty to be laid upon a woman and a foreigner, but it was obviously
impossible to treat the crown and realm of England as a mere ordinary
socage tenement. Wardship in chivalry, on the other hand, would until
little more than three years before Henry’s accession have supplied no
analogy at all; for the King and kingdom of England had no overlord
upon earth before John’s homage to the Pope in May, 1213. By virtue of
that homage England became a fief of the Roman see, and consequently
on John’s death the wardship of his youthful heir and his distracted
realm vested legally in Pope Honorius III. It might therefore have
been expected that the regency would be at once assumed by the Pope’s
representative in England, the Legate Gualo. But Gualo was an Italian
who had been scarcely fifteen months in the land, and he was a priest.
The needs of the time imperatively demanded that the acting head of
the state, whose first task must be to drive out an alien invader
and bring back rebels to allegiance, should be an Englishman and a
warrior; and Gualo’s conduct showed that neither he nor Honorius ever
contemplated any other arrangement. In all the transactions connected
Public-domain text, read in full here on John Shaqi.
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