Great Britain -- History -- Henry III, 1216-1272; Henry III, King of England, 1207-1272
One thing there was which, it was clearly understood from the outset,
could not be done at all during the King’s minority. No grant in
perpetuity made by, or in the name of, a person under age was valid
by English law. The application of this rule to the case of an infant
King seems not to have been expressed till more than two years after
Henry’s coronation, but it was effectually secured during that time
by an expedient whose simplicity and practicality are eminently
characteristic of the Marshal. A grant in perpetuity on the part of the
Crown was invalid unless sealed with the King’s seal. No great seal was
made for Henry till two years after he was crowned; the seal of the
regent served in its stead.[360] On several occasions during the first
year of the regency grants were made in the King’s name to hold good
“till the fourteenth completed year of our age.”[361] {1216–1217} There
was as yet no fixed rule for the determination of a King’s majority;
but the reigning King of France, Philip Augustus, had been crowned as
his father’s colleague shortly after his fourteenth birthday, and had
exercised the functions of royalty from that time forth. This was the
origin of the rule which fixed the coming of age of later Kings of
France at fourteen years; and Henry’s guardians seem at first to have
contemplated taking Philip’s case as a precedent for that of their own
boy-sovereign.[362] There was no English precedent to guide them. Nine
years later it was asserted that one castellan--Peter de Maulay--had
bound himself by an oath to John not to give back the castles of which
he had charge till Henry should be of legal age.[363] It is possible
that John may have demanded and received such an oath from more than
one of the wardens of the royal castles; but evidently neither they,
the Marshal, nor any of the council knew what was John’s idea--if he
even had one--of what should constitute legal age in the case of his
successor; the definition tentatively suggested at the beginning of
the reign was clearly not based upon any direction left by him. At the
close of 1217 it was abandoned, and its place was taken by a vaguer
formula--“till our coming of age.”[364] The question of when that
was to be could not become urgent for three years at least; it was
therefore wisely put aside for solution at a more convenient season.
[Sidenote: 1215–1216]
Public-domain text, read in full here on John Shaqi.
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