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The Minority of Henry the Third

Note 922 — Chapter IV · TUTORS AND GOVERNORS 1221–1223

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This is evident from the non-existence of any charters or Charter Rolls of Henry III earlier than January, 1227, after which they begin immediately. See Powicke, Eng. Hist. Rev., vol. xxiii. pp. 221–223. “The clause in italics” (non autem quoad hoc, etc., see preceding note) “is important, and defines the meaning of dispositio. Henry could now entrust his castles and lands, and the property of his wards, at his own choice, but the declaration of 1218 against permanent grants under the great seal still held good. These grants could not be regarded in a court of law as possessed of the finality allowed to a charter” (ib. p. 222). Falkes describes the limitation of the King’s powers as follows: “Cum a sede apostolica jussio processisset ut castra, ballia, et caetera quae sunt regis, a cunctis tenentibus redderentur, adjuncta clausula quod rex ipse jam adultus factus non posset compelli habere tutorem vel curatorem, nisi ad causam, invitus.” Querimonia, W. Cov., vol. ii. p. 261.

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