Great Britain -- History -- Henry III, 1216-1272; Henry III, King of England, 1207-1272
party--Robert FitzWalter and Saer de Quincy, Earl of Winchester.[487]
Saer died {1219} in Holy Land,[488] and so did Baldwin de Vere; Robert
FitzWalter came home in broken health,[489] and seems thenceforth to
have withdrawn from public life.
[Sidenote: 1217]
Still there remained men of both parties whom it was hard to bring
or keep under control. Throughout Henry’s minority his guardians
found themselves at intervals in difficulties with certain men who
“presumed to keep in their hands, contrary to the King’s prohibition
and the will of the owners, castles and lands belonging to some of
the bishops and magnates”[490]--and, the chronicler might have added,
to the King himself. The earliest case of flagrant insubordination
in this respect was that of Robert de Gouy. In 1215 Bishop Hugh of
Lincoln had delivered to King John the castles belonging to his see, to
be garrisoned for and by the King during his struggle with the rebel
barons. One of these castles, Newark, was given in charge by John
to Robert de Gouy, on condition of an oath sworn by Robert that in
case of John’s death he would surrender the place to no one save the
bishop.[491] Two months later John died in that very castle. On 10th
June, 1217, Robert was by letters patent ordered to deliver Newark
to its rightful owner.[492] It seems to have been anticipated that he
might plead his oath to John as binding him to surrender the place only
to the bishop in person; Henry de Coleville, a knight holding land
under the see of Lincoln, was sent by the bishop to Newark, accredited
by letters under the bishop’s seal authorizing him to receive the
castle in the bishop’s stead, and also carrying letters from the Legate
certifying that he, Gualo, was responsible for the bishop’s detention
in London on business of state. Robert, however, refused to deliver
Newark to Henry de Coleville, partly, it seems, on the ground of his
oath, partly on the plea that the Crown owed him some money. On 23rd
June the Council in the King’s name promised that if this latter plea
should prove to be just, Robert’s claims should be satisfied, provided
that he delivered Newark to Coleville without further delay.[493]
This second summons had to be followed up by a third, on 23rd July,
insisting that Robert should either at once obey, or come before the
King’s Court at Oxford on 5th August, to hear and do what the Council
should determine.[494] The Council’s decision appears to have simply
confirmed the mandate of 23rd June; on 13th August De Gouy is told that
he has made himself liable to a very severe sentence by his contempt of
the judgement of the King’s Court in still retaining Newark, but, in
consideration of his long service to the late King and the present one,
his claim shall be satisfied if he will without fail come and stand to
the judgement of the King’s Court concerning the castle on 31st August
at Oxford.[495] It was, however, not till 26th October that Robert made
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