Great Britain -- History -- Henry III, 1216-1272; Henry III, King of England, 1207-1272
But Earl William’s position was from the outset not that of a Justiciar
at all. The Justiciar was the King’s second in command--the foremost
minister of the Crown when the sovereign was present, his lieutenant
and vicegerent when he was absent from the realm; in either case, his
delegate and nothing more. Earl William was not the King’s delegate;
he had not been appointed by the King and was not removable at the
King’s pleasure; he had been called by the Legate and the magnates to
govern the realm during the King’s minority, as guardian of the King
himself. He was, in modern phraseology, not Viceroy but Regent. Still,
there was just sufficient analogy between his functions and those
which, under certain circumstances, appertained to the Justiciar, to
suggest his adoption of that title, in a tentative sort of way, until
a better one could be devised.[356] In a word, as his office was a
novelty and an experiment, so its earliest appellation seems to have
been a makeshift. Before the end of November, 1216, that appellation
was replaced by a loftier and more comprehensive one--“Governor of
the king and of the kingdom.”[357] No attempt seems to have been made
at any further definition either of the limits of his powers, or of
his relation to the royal Council; there was in fact no means of
defining either, nor any authority capable of so doing. In one sense
he was above the council; but in another sense he was merely its most
important member; its other members acted in subordination to him, but
he was not independent of them; they were the King’s councillors, not
his; nay, more--it was from them that he had received his authority,
and he was thus in some sense responsible to them for his exercise
of it. He was also, and above all, in theory at least, responsible
to the Legate and, through the Legate, to the Pope.[358] It is thus
impossible to determine precisely how much of the credit of the policy
which freed England from her invaders and restored peace and order to
the distracted country and the ruined administration is due to the
Marshal himself, and how much to his colleagues, Gualo, Hubert, Peter
des Roches, and the other ministers of the late King. A large share
of credit must in any case belong to them for a steady, faithful, and
intelligent co-operation without which the Marshal obviously could not
have carried on either war or government at all. But it is certain
that for two years and a half after the coronation no act was done in
the King’s name without the Marshal’s consent; for, except on a very
few special occasions, all the royal letters during that period were
attested by him and sealed with his seal.[359] It may therefore fairly
be said that whatsoever they did in England, he was the doer of it.
[Sidenote: 1216–1217]
Public-domain text, read in full here on John Shaqi.
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