He was the first king of England, since the conquest that could fairly be said to lie under the restraint of law; and he was also the first that practised the dispensing power, and employed the clause of “ non obstante in his grants and patents. When objections were made to this novelty, he replied that the pope exercised that authority, and why might not he imitate the example? But the abuse which the pope made of his dispensing power, in violating the canons of general councils, in invading the privileges and customs of all particular churches, and in usurping on the rights of patrons, was more likely to excite the jealousy of the people than to reconcile them to a similar practice in their civil government. Roger de Thurkesby, one of the king's justices, was so displeased with the precedent, that he exclaimed, "Alas! what times are we fallen into? Behold, the civil court is corrupted in imitation of the ecclesiastical, and the river is poisoned from that fountain." The king's partiality and profuse bounty to his foreign relations, and to their friends and favorites, would have appeared more tolerable to the English, had any thing been done meanwhile for the honor of the nation, or had Henry's enterprises in foreign countries been attended with any success or glory to himself or to the public; at least, such military talents in the king would have served to keep his barons in awe, and have given weight and authority to his government. But though he declared war against Lewis IX. in 1242, and made an expedition into Guienne, upon the invitation of his fatherin-law, the count de la Marche, who promised to join him with all his forces, he was unsuccessful in his attempts against that great monarch, was worsted at Taillebourg, was deserted by his allies, lost what remained to him of Poictou, and was obliged to return with loss of honor into England.* The Gascon nobility were attached to the English government, because the distance of their sovereign allowed them to remain in a state of almost total independence; and they claimed, some time after, [1253.] Henry's protection against an invasion which the king of Castile made upon that territory. Henry returned into Guienne, and was more successful in this expedition; but ne thereby involved himself and. his nobility in an enormous debt, which both increased their discontents, and exposed him to greater danger from their enterprises.t *M. Paris, p. 393, 394, 398, 399, 405. W. Heming. p. 574. Ch Dunst. vol. i. p. 153. †M. Paris, p. 614. Want of economy and an ill-judged liberality were Henry's great defects; and his debts, even before this expedition, had become so troublesome, that he sold all his plate and jewels, in order to discharge them. When this expedient was first proposed to him, he asked where he should find purchasers. It was replied, the citizens of London. "On my word," said he, "if the treasury of Augustus were brought to sale, the citizens are able to be the purchasers: these clowns, who assume to themselves the name of barons, abound in every thing, while we are reduced to necessities."* And he was thenceforth observed to be more forward and greedy in his exactions upon the citizens.t But the grievances which the English during this reign had reason to complain of in the civil government, seem to have been still less burdensome than those which they suffered from the usurpations and exactions of the court of Rome. On the death of Langton, in 1228, the monks of Christ-church elected Walter de Hemesham, one of their own body, for his successor but as Henry refused to confirm the election, the pope, at his desire, annulled it; ‡ and immediately appointed Richard, chancellor of Lincoln, for archbishop, without waiting for a new election. On the death of Richard, in 1231, the monks elected Ralph de Neville, bishop of Chichester; and though Henry was much pleased with the election, the pope, who thought that prelate too much attached to the crown, assumed the power of annulling his election. He rejected two clergymen more, whom the monks had successively chosen; and he at last told them that, if they would elect Edmond, treasurer of the church of Salisbury, he would confirm their choice; and his nomination was complied with. The pope had the prudence to appoint both times very worthy primates; but men could not forbear observing his intention of thus drawing gradually to himself the right of bestowing that important dignity. The avarice, however, more than the ambition of the see of Rome, seems to have been in this age the ground of general complaint. The papal ministers, finding a vast stock of power amassed by their predecessors, were desirous of turning it to immediate profit, which they enjoyed at home, rather * M. Paris, p. 501. + M. Paris, p. 501, 507, 518, 578, 606, 625, 648. M. Paris, p. 244. than of enlarging their authority in distant countries, where they never intended to reside. Every thing was become venal in the Romish tribunals: simony was openly practised; no favors, and even no justice, could be obtained without a bribe; the highest bidder was sure to have the preference, without regard either to the merits of the person or of the cause; and besides the usual perversions of right in the decision of controversies, the pope openly assumed an absolute and uncontrolled authority of setting aside, by the plenitude of his apostolic power, all particular rules, and all privileges of patrons, churches, and convents. On pretence of remedy. ing these abuses, Pope Honorius, in 1226, complaining of the poverty of his see as the source of all grievances, demanded from every cathedral two of the best prebends, and from every convent two monks' portions, to be set apart as a perpetual and settled revenue of the papal crown; but all rnen being sensible that the revenue would continue forever, and the abuses immediately return, his demand was unanimously rejected. About three years after, the pope demanded and obtained the tenth of all ecclesiastical revenues, which he levied in a very oppressive manner; requiring payment before the clergy had drawn their rents or tithes, and sending about usurers, who advanced them the money at exorbitant interest. In the year 1240, Otho the legate, having in vain attempted the clergy in a body, obtained separately, by intrigues and menaces, large sums from the prelates and convents, and on his departure is said to have carried more money out of the kingdom than he left in it. This experiment was renewed four years after with success by Martin the nuncio, who brought from Rome powers of suspending and excommuni cating all clergymen that refused to comply with his demands. The king, who relied on the pope for the support of his tottering authority, never failed to countenance those exactions. Meanwhile all the chief benefices of the kingdom were conferred on Italjans; great numbers of that nation were sent over at one time to be provided for; non-residence and pluralities were carried to an enormous height; Mansel, the king's chaplain, is computed to have held at once seven hundred ecclesiastical livings; and the abuses became so evident, as to be palpable to the blindness of superstition itself. The people, entering into associations, rose against the Italian clergy; pillaged their barns; wasted their lands; insulted the persons of such of them as they found in the kingdom; and when * Rymer, vol. i. p. 323. M. Paris, r'. 255, . the justices made inquiry into the authors of this disorder, de guilt was found to involve so many, and those of such Ligh rank, that it passed unpunished. At last, when Innocent IV., in 1245, called a general council at Lyons, in order to excommunicate the emperor Frederic, the king and nobility sent over agents to complain, before the council, of the rapacity of the Romish church. They represented, among many other grievances, that the benefices of the Italian clergy in England had been estimated, and were found to amount to sixty thousand marks a year, a sum which exceeded the annual revenue of the crown itself. They obtained only an evasive answer from the pope; but as mention had been made, before the council, of the feudal subjection of England to the see of Rome. the English agents, at whose head was Roger Bigod, earl of Norfolk, exclaimed against the pretension, and insisted that King John had no right, without the consent of his barons, to subject the kingdom to so ignominious a servitude.‡ The popes, indeed, afraid of carrying matters too far against England, seem thenceforth to have little insisted on that pretension This check, received at the council of Lyons, was not able to stop the court of Rome in its rapacity: Innocent exacted the revenues of all vacant benefices, the twentieth of all ecclesiastical revenues without exception; the third of such as exceeded a hundred marks a year; the half of such as were possessed by non-residents. He claimed the goods of alı intestate clergymen ; || he pretended a title to inherit all money gotten by usury: he levied benevolences upon the people; and when the king, contrary to his usual practice, prohibited these exactions, he threatened to pronounce against him the same censures which he had emitted against the emperor Frederic.¶ [1255.] But the most oppressive expedient employed by the pope, was the embarking of Henry in a project for the conquest of Naples, or Sicily on this side the Fare, as it was called; an enterprise which threw much dishonor on the king, * Innocent's bull in Rymer, vol. i. p. 471, says only fifty thousand marks a year. . †M. Paris, p. 451. The customs were part of Henry's revenue, and amounted to six thousand pounds a year: they were at first small sums pad by the merchants for the use of the king's ware houses, measures, weights, etc. See Gilbert's History of the Exch. p. 214. M. Paris, p. 460. and involved him, during some years, in great trouble and expense. The Romish church, taking advantage of favorable incidents, had reduced the kingdom of Sicily to the same state of feudal vassalage which she pretended to extend over England; and which, by reason of the distance, as well as high spirit of this latter kingdom, she was not able to maintain. After the death of the emperor Frederic II., the succession of Sicily devolved to Conradine, grandson of that monarch; and Mainfroy, his natural son, under pretence of governing the kingdom during the minority of the prince, had formed a scheme of establishing his own authority. Pope Innocent, who had carried on violent war against the emperor Frederic, and had endeavored to dispossess him of his Italian dominions, still continued hostilities against his grandson; but being disappointed in all his schemes by the activity and artifices of Mainfroy, he found that his own force alone was not sufficient to bring to a happy issue so great an enterprise. He pretended to dispose of the Sicilian crown, both as superior lord of that particular kingdom, and as vicar of Christ, to whom all kingdoms of the earth were subjected; and he made a tender of it to Richard, earl of Cornwall, whose immense riches, he flattered himself, would be able to support the military opera. tions against Mainfroy. As Richard had the prudence to refuse the present,* he applied to the king, whose levity and thoughtless disposition gave Innocent more hopes of success, and he offered him the crown of Sicily for his second son, Edmond.† Henry, allured by so magnificent a present, without reflecting on the consequences, without consulting either with his brother or the parliament, accepted of the insidious proposal, and gave the pope unlimited credit to expend whatever sums he thought necessary for completing the conquest of Sicily. Innocent, who was engaged by his own interests to wage war with Mainfroy, was glad to carry on his enterprises at the expense of his ally: Alexander IV., who succeeded him in the papal throne, continued the same policy, and Henry was surprised to find himself on a sudden involved in an immense debt, which he had never been consulted in contracting. The sum already amounted to a hundred and thirty-five thousand five hundred and forty-one marks, beside interest; and he had the prospect, if he answered this de *M. Paris, p. 650. Rymer, vol. i. p. 502, 512, 530. M. Paris, p. 599, 613. |