Dictum of Kenilworth
Encyclopedia
The Dictum of Kenilworth, issued 31 October 1266, was a pronouncement designed to reconcile the rebels of the Barons' War
with the royal government of England
. After the baronial victory at the Battle of Lewes
in 1264, Simon de Montfort
took control of royal government, but at the Battle of Evesham
the next year Montfort was killed, and King Henry III
restored to power. A group of rebels held out
in the stronghold of Kenilworth Castle
, however, and their resistance proved hard to crush.
A siege of the castle was started, but through papal intervention King Henry later entered on a more conciliatory path. A commission was appointed to draw up an arrangement that would be acceptable to both sides. The resulting Dictum of Kenilworth offered the rebels the right to buy back forfeited estates, at prices depending on their level of involvement in the rebellion. After initial resistance, the terms were eventually accepted. By the summer of 1267, the country was pacified, and this spirit of reconciliation would last until the 1290s. The Dictum of Kenilworth was later incorporated into the Statute of Marlborough
.
in 1264, the rebellious barons, led by Simon de Montfort
, had defeated the royal army and taken King Henry III
captive. For the next year, the reins of government were in Montfort's hands, but his support soon began to crumble. On 4 August 1265 Montfort faced an army led by Prince Edward (the later King Edward I
) and the powerful earl of Gloucester, who had recently defected to the royalist side, at the Battle of Evesham
. The battle resulted in a complete royal victory; Montfort was killed, and King Henry III
was restored to full power.
Part of the rebellious forces held out, however, and their stronghold was the virtually impregnable Kenilworth Castle
. In the summer of 1266, a siege of the castle was initiated, but the effort proved futile. There were rumours that Montfort's son Simon
was planning an invasion of England from Normandy
, and this was the hope that the rebels hung on to. It was in this situation that the papal legate Ottobuono Fieschi
exerted his influence, to make the king pursue a more conciliatory policy. In August, the king summoned a parliament at Kenilworth
, where the siege was ongoing. He commissioned a number of earls, barons and bishops to draft a treaty of reconciliation.
The final committee consisted of the bishops of Exeter
, Bath and Wells
, Worcester
and St. David's, the earls of Gloucester
and Hereford
, and six barons. This committee was given until All Saints Day (1 November) to come up with provisions for a settlement. The result, known as the Dictum of Kenilworth, was made public on 31 October 1266.
The primary point of the Dictum was the re-establishment of royal authority. The Provisions of Oxford
, that had been forced on the king, were repudiated, and it was made clear that the appointment of ministers was entirely a royal prerogative
. King Henry in turn reconfirmed Magna Carta
and the Charter of the Forest
. Measures were taken to renounce the increasing veneration of the fallen Simon de Montfort, whom some were already starting to consider a martyr and a possible saint.
The rebels had previously been completely disinherited, and their land taken into the king's hands. The Dictum instead extended a pardon, and restored land to their previous owners, contingent on payment of certain penalties that were proportional to the level of involvement in the rebellion. It was traditional to value land at ten times its annual yield, and most of the rebels were subsequently fined at half of this amount: five times the annual yield of their lands.
Robert Ferrers, Earl of Derby
, was singled out in particular for his central involvement in the rebellion, and for him the multiple was seven rather than five. The same was the case for Henry de Hastings
, who was the commander of Kenilworth Castle. Those who had not taken part in the fighting themselves, but had incited others to rise up against the king, were fined at two year's value, while those who had been compelled to fight, or played only a minor part, had to pay one year's value of their land. The proceedings from the fines were awarded to royal supporters, some of whom had already been awarded parts of the rebels' land, and now had to give it back.
, and set himself up as the champion of the disinherited. After negotiations involving both Edward and Ottbuono Gloucester relented, and by June a settlement was reached. Gloucester had forced a change to the conditions of the Dictum, whereby the disinherited were allowed to recover their lands before they had paid their fines rather than after; an arrangement that made repayment much easier. In the summer of that year, Prince Edward moved at the Isle of Ely
, where the last of the rebels still held out, and forced them into submission under terms favourable to the rebels.
In November 1267, parliament met at Marlborough. Here an important provision was issued that would become known to history as the Statute of Marlborough
. This statute incorporated the clauses of the Dictum of Kenilworth that dealt with the restoration of royal power, and reconciliation between the loyalists and the rebels. The Statute of Marlborough became a basis for royal government, and the relationship between the king and his subjects, and as such the Dictum lived on in English constitutional history.
The spirit of peace and reconciliation established by the Dictum of Kenilworth lasted for the remainder of Henry III's reign and into the 1290s. In 1270, Prince Edward left the country to go on crusade
in the Holy Land
. When his father died in 1272, Edward felt in a safe enough position to wait until 1274 before returning home to claim the throne.
Second Barons' War
The Second Barons' War was a civil war in England between the forces of a number of barons led by Simon de Montfort, against the Royalist forces led by Prince Edward , in the name of Henry III.-Causes:...
with the royal government of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
. After the baronial victory at the Battle of Lewes
Battle of Lewes
The Battle of Lewes was one of two main battles of the conflict known as the Second Barons' War. It took place at Lewes in Sussex, on 14 May 1264...
in 1264, Simon de Montfort
Simon de Montfort, 6th Earl of Leicester
Simon de Montfort, 6th Earl of Leicester, 1st Earl of Chester , sometimes referred to as Simon V de Montfort to distinguish him from other Simon de Montforts, was an Anglo-Norman nobleman. He led the barons' rebellion against King Henry III of England during the Second Barons' War of 1263-4, and...
took control of royal government, but at the Battle of Evesham
Battle of Evesham
The Battle of Evesham was one of the two main battles of 13th century England's Second Barons' War. It marked the defeat of Simon de Montfort, Earl of Leicester, and the rebellious barons by Prince Edward – later King Edward I – who led the forces of his father, King Henry III...
the next year Montfort was killed, and King Henry III
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...
restored to power. A group of rebels held out
Siege of Kenilworth
The Siege of Kenilworth was a six-month siege on the Kenilworth Castle and a battle of the Second Barons' War. The siege was a part of an English civil war fought from 1264 to 1267 by the forces of Simon de Montfort against the Royalist forces led by Prince Edward .The siege was one of few castle...
in the stronghold of Kenilworth Castle
Kenilworth Castle
Kenilworth Castle is located in the town of the same name in Warwickshire, England. Constructed from Norman through to Tudor times, the castle has been described by architectural historian Anthony Emery as "the finest surviving example of a semi-royal palace of the later middle ages, significant...
, however, and their resistance proved hard to crush.
A siege of the castle was started, but through papal intervention King Henry later entered on a more conciliatory path. A commission was appointed to draw up an arrangement that would be acceptable to both sides. The resulting Dictum of Kenilworth offered the rebels the right to buy back forfeited estates, at prices depending on their level of involvement in the rebellion. After initial resistance, the terms were eventually accepted. By the summer of 1267, the country was pacified, and this spirit of reconciliation would last until the 1290s. The Dictum of Kenilworth was later incorporated into the Statute of Marlborough
Statute of Marlborough
The Statute of Marlborough was a set of laws passed by King Henry III of England in 1267. There were twenty-nine chapters, of which four are still in force...
.
Background
At the Battle of LewesBattle of Lewes
The Battle of Lewes was one of two main battles of the conflict known as the Second Barons' War. It took place at Lewes in Sussex, on 14 May 1264...
in 1264, the rebellious barons, led by Simon de Montfort
Simon de Montfort, 6th Earl of Leicester
Simon de Montfort, 6th Earl of Leicester, 1st Earl of Chester , sometimes referred to as Simon V de Montfort to distinguish him from other Simon de Montforts, was an Anglo-Norman nobleman. He led the barons' rebellion against King Henry III of England during the Second Barons' War of 1263-4, and...
, had defeated the royal army and taken King Henry III
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...
captive. For the next year, the reins of government were in Montfort's hands, but his support soon began to crumble. On 4 August 1265 Montfort faced an army led by Prince Edward (the later King Edward I
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
) and the powerful earl of Gloucester, who had recently defected to the royalist side, at the Battle of Evesham
Battle of Evesham
The Battle of Evesham was one of the two main battles of 13th century England's Second Barons' War. It marked the defeat of Simon de Montfort, Earl of Leicester, and the rebellious barons by Prince Edward – later King Edward I – who led the forces of his father, King Henry III...
. The battle resulted in a complete royal victory; Montfort was killed, and King Henry III
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...
was restored to full power.
Part of the rebellious forces held out, however, and their stronghold was the virtually impregnable Kenilworth Castle
Kenilworth Castle
Kenilworth Castle is located in the town of the same name in Warwickshire, England. Constructed from Norman through to Tudor times, the castle has been described by architectural historian Anthony Emery as "the finest surviving example of a semi-royal palace of the later middle ages, significant...
. In the summer of 1266, a siege of the castle was initiated, but the effort proved futile. There were rumours that Montfort's son Simon
Simon VI de Montfort
Simon de Montfort "the younger" or Simon VI de Montfort was the second son of Simon de Montfort, 6th Earl of Leicester and Eleanor of England....
was planning an invasion of England from Normandy
Normandy
Normandy is a geographical region corresponding to the former Duchy of Normandy. It is in France.The continental territory covers 30,627 km² and forms the preponderant part of Normandy and roughly 5% of the territory of France. It is divided for administrative purposes into two régions:...
, and this was the hope that the rebels hung on to. It was in this situation that the papal legate Ottobuono Fieschi
Pope Adrian V
Pope Adrian V , born Ottobuono de' Fieschi, was pope in 1276.-Biography:Ottobuono belonged to a feudal family of Liguria, the Fieschi, Counts of Lavagna....
exerted his influence, to make the king pursue a more conciliatory policy. In August, the king summoned a parliament at Kenilworth
Kenilworth
Kenilworth is a town in central Warwickshire, England. In 2001 the town had a population of 22,582 . It is situated south of Coventry, north of Warwick and northwest of London....
, where the siege was ongoing. He commissioned a number of earls, barons and bishops to draft a treaty of reconciliation.
The Dictum of Kenilworth
The commission was created by parliament appointing three bishops and three barons, who then selected one more bishop, two earls, and three more barons.The final committee consisted of the bishops of Exeter
Bishop of Exeter
The Bishop of Exeter is the Ordinary of the Church of England Diocese of Exeter in the Province of Canterbury. The incumbent usually signs his name as Exon or incorporates this in his signature....
, Bath and Wells
Bishop of Bath and Wells
The Bishop of Bath and Wells heads the Church of England Diocese of Bath and Wells in the Province of Canterbury in England.The present diocese covers the vast majority of the county of Somerset and a small area of Dorset. The Episcopal seat is located in the Cathedral Church of Saint Andrew in...
, Worcester
Bishop of Worcester
The Bishop of Worcester is the Ordinary of the Church of England Diocese of Worcester in the Province of Canterbury, England. He is the head of the Diocese of Worcester in the Province of Canterbury...
and St. David's, the earls of Gloucester
Earl of Gloucester
The title of Earl of Gloucester was created several times in the Peerage of England. A fictional earl is also a character in William Shakespeare's play King Lear. See also Duke of Gloucester.-Earls of Gloucester, 1st Creation :...
and Hereford
Earl of Hereford
The title of Earl of Hereford was created six times in the Peerage of England. See also Duke of Hereford, Viscount Hereford. Dates indicate the years the person held the title for.-Earls of Hereford, First Creation :*Swegen Godwinson...
, and six barons. This committee was given until All Saints Day (1 November) to come up with provisions for a settlement. The result, known as the Dictum of Kenilworth, was made public on 31 October 1266.
The primary point of the Dictum was the re-establishment of royal authority. The Provisions of Oxford
Provisions of Oxford
The Provisions of Oxford are often regarded as England's first written constitution ....
, that had been forced on the king, were repudiated, and it was made clear that the appointment of ministers was entirely a royal prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
. King Henry in turn reconfirmed Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
and the Charter of the Forest
Charter of the forest
The Charter of the Forest is a charter originally sealed in England by King Henry III. It was first issued in 1217 as a complementary charter to the Magna Carta from which it had evolved. It was reissued in 1225 with a number of minor changes to wording, and then was joined with Magna Carta in the...
. Measures were taken to renounce the increasing veneration of the fallen Simon de Montfort, whom some were already starting to consider a martyr and a possible saint.
The rebels had previously been completely disinherited, and their land taken into the king's hands. The Dictum instead extended a pardon, and restored land to their previous owners, contingent on payment of certain penalties that were proportional to the level of involvement in the rebellion. It was traditional to value land at ten times its annual yield, and most of the rebels were subsequently fined at half of this amount: five times the annual yield of their lands.
Robert Ferrers, Earl of Derby
Robert de Ferrers, 6th Earl of Derby
Robert III de Ferrers, 6th Earl of Derby was an English nobleman.He was born at Tutbury Castle in Derbyshire, England, the son of William de Ferrers, 5th Earl of Derby and the Earl's 2nd wife Margaret de Quincy , daughter of Roger de Quincy, 2nd Earl of Winchester and Helen of Galloway.-Early...
, was singled out in particular for his central involvement in the rebellion, and for him the multiple was seven rather than five. The same was the case for Henry de Hastings
Henry de Hastings, 1st Baron Hastings
Henry de Hastings was created Baron in 1264 by Simon de Montfort. He led the Londoners at the Battle of Lewes, where he was taken prisoner, and fought at the Battle of Evesham...
, who was the commander of Kenilworth Castle. Those who had not taken part in the fighting themselves, but had incited others to rise up against the king, were fined at two year's value, while those who had been compelled to fight, or played only a minor part, had to pay one year's value of their land. The proceedings from the fines were awarded to royal supporters, some of whom had already been awarded parts of the rebels' land, and now had to give it back.
Aftermath
Hostilities did not end with the publication of the Dictum. The garrison at Kenilworth refused to accept the terms given, and held out until 14 December, when deprivation forced them to surrender. In April 1267, the earl of Gloucester who had been central both to the royal victory at Evesham and to the drafting of the Dictum turned against the king. He occupied the city of LondonLondon
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, and set himself up as the champion of the disinherited. After negotiations involving both Edward and Ottbuono Gloucester relented, and by June a settlement was reached. Gloucester had forced a change to the conditions of the Dictum, whereby the disinherited were allowed to recover their lands before they had paid their fines rather than after; an arrangement that made repayment much easier. In the summer of that year, Prince Edward moved at the Isle of Ely
Isle of Ely
The Isle of Ely is a historic region around the city of Ely now in Cambridgeshire, England but previously a county in its own right.-Etymology:...
, where the last of the rebels still held out, and forced them into submission under terms favourable to the rebels.
In November 1267, parliament met at Marlborough. Here an important provision was issued that would become known to history as the Statute of Marlborough
Statute of Marlborough
The Statute of Marlborough was a set of laws passed by King Henry III of England in 1267. There were twenty-nine chapters, of which four are still in force...
. This statute incorporated the clauses of the Dictum of Kenilworth that dealt with the restoration of royal power, and reconciliation between the loyalists and the rebels. The Statute of Marlborough became a basis for royal government, and the relationship between the king and his subjects, and as such the Dictum lived on in English constitutional history.
The spirit of peace and reconciliation established by the Dictum of Kenilworth lasted for the remainder of Henry III's reign and into the 1290s. In 1270, Prince Edward left the country to go on crusade
Ninth Crusade
The Ninth Crusade, which is sometimes grouped with the Eighth Crusade, is commonly considered to be the last major medieval Crusade to the Holy Land. It took place in 1271–1272....
in the Holy Land
Holy Land
The Holy Land is a term which in Judaism refers to the Kingdom of Israel as defined in the Tanakh. For Jews, the Land's identifiction of being Holy is defined in Judaism by its differentiation from other lands by virtue of the practice of Judaism often possible only in the Land of Israel...
. When his father died in 1272, Edward felt in a safe enough position to wait until 1274 before returning home to claim the throne.
Sources
- Maddicott, J. R.John MaddicottDr John Maddicott has published works on the political and social history of England in the 13th and 14th centuries, and has also written a number of leading articles on the Anglo-Saxon economy, his second area of interest. Born in Exeter, Devon, he was educated at Worcester College, Oxford...
(1994), Simon de Montfort, Cambridge: Cambridge University Press. ISBN 0521374936. - Powicke, F. M.F. M. PowickeSir Frederick Maurice Powicke was an English medieval historian. He was a Fellow of Balliol College, Oxford, delivered the Ford Lectures in 1927, and from 1929 was Regius Professor of History at Oxford. He was knighted in 1946....
(1947), King Henry III and the Lord Edward: The Community of the Realm in the Thirteenth Century, Oxford: Clarendon Press. - Powicke, F. M. (1953), The Thirteenth Century: 1216-1307, Oxford: Clarendon. ISBN 0192852493.
- Prestwich, MichaelMichael PrestwichMichael Charles Prestwich OBE is an English historian, specialising on the history of medieval England, in particular the reign of Edward I. He is retired, having been Professor of History at Durham University, and Head of the Department of History until 2007.-Early life:Prestwich is the son of...
(1988), Edward I, London: Methuen London ISBN 0413281507. - Prestwich, Michael (2005), Plantagenet England: 1225-1360, Oxford: Oxford University Press. ISBN 0198228449.
- Rothwell, H. (ed.) (1975), English Historical Documents III, 1189–1327, London, Eyre & Spottiswoode. ISBN 0413233103.
Further reading
- Altschul, M. (1965), A Baronial Family in Medieval England: The Clares, 1217-1314, Baltimore, Johns Hopkins Press.
- Brand, P.A. (2003), Kings, Barons and Justices: The Making and Enforcement of Legislation in Thirteenth-Century England, Cambridge: Cambridge University Press. ISBN 0521372461.
- Carpenter, D.A.David Carpenter (historian)David Carpenter is an English historian and writer, currently Professor of Medieval History at King's College LondonHe is the son of Rev. E.F. Carpenter, renowned ecclesiastical historian and Dean of Westminster Abbey between 1974-1986, and Lillian Carpenter...
(1996), The Reign of Henry III, London: Hambledon. ISBN 1852850701. - Denholm-Young, N. (1947), Richard of Cornwall, Oxford: Blackwell.
- Jacob, E.F.E. F. JacobErnest Fraser Jacob was a British medievalist and scholar.-Education:He was educated at Twyford School, Winchester College, and then for a period at New College, Oxford - broken by service in World War I. He won a fellowship to All Souls College, Oxford, and taught there and at Christ Church where...
(1925), Studies in the Period of Baronial Reform and Rebellion, 1258-1267, Oxford, Clarendon Press. - Knowles, C.H. (1982), "The resettlement of England after the Barons' War", Transactions of the Royal Historical Society, 5th ser. 32.
- Knowles, C.H. (1986), "Provision for the families of the Montfortians disinherited after the Battle of Evesham", in P.R. CossPeter CossPeter R. Coss is a British historian, specialising on the history of the English medieval gentry. He is currently Professor of Medieval History at the School of History and Archeology at Cardiff University, Wales...
and S.D. Lloyd (eds.) Thirteenth Century England I, Woodbridge: Boydell. - Lewis, A. (1939), "Roger Leyburn and the Pacification of England, 1265-7", English Historical Review, 54.
- Lloyd, T.H. (1986), "Gilbert de Clare, Richard of Cornwall and the Lord Edward's Crusade", Nottingham Medieval Studies, 31.
- Maddicott, J.R. (1986), "Edward I and the lessons of baronial reform: local government, 1258-80", in P.R. CossPeter CossPeter R. Coss is a British historian, specialising on the history of the English medieval gentry. He is currently Professor of Medieval History at the School of History and Archeology at Cardiff University, Wales...
and S.D. Lloyd (eds.) Thirteenth Century England I, Woodbridge: Boydell. - Treharne, R.F. (1932), The Baronial Plan of Reform, Manchester: Manchester University Press.