some arbitrary
exertions of prerogative, to which Henry's necessities pushed him, and
which, without producing any discontent, were uniformly continued by
all his successors till the last century. As the Parliament often
refused him supplies, and that in a manner somewhat rude and indecent
[e], he obliged his opulent subjects, particularly the citizens of
London, to grant him loans of money; and it is natural to imagine,
that the same want of economy which reduced him to the necessity of
borrowing, would prevent him from being very punctual in the repayment
[f]. He demanded benevolences, or pretended voluntary contributions,
from his nobility and prelates [g]. 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 THE FOUNTAIN.
[FN [e] M. Paris, p. 301. [f] Ibid. p. 406. [g] Ibid. p. 507.]
The king's partiality and profuse bounty to his foreign relations, and
to their friends and favourites, would have appeared more tolerable to
the English, had any thing been done meanwhile for the honour 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 father-in-law, the
Count de la Marche, who promised to join him with all his forces, he
was unsuccessful in his attempts against that great m
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