The most obvious circumstance of Henry’s character is his incapacity for government, which rendered him as much a prisoner in the hands of his own ministers and favorites, and as little at his own disposal, as when detained a captive in the hands of his enemies. From this source, rather than from insincerity or treachery, arose his negligence in observing his promises; and he was too easily induced, for the sake of present convenience, to sacrifice the lasting advantages arising from the trust and confidence of his people. Hence too were derived his profusion to favorites, his attachment to strangers, the variableness of his conduct, his hasty resentments, and his sudden forgiveness and return of affection.
Instead of reducing the dangerous power of his nobles, by obliging them to observe the laws towards their inferiors, and setting them the salutary example in his own government, he was seduced to imitate their conduct, and to make his arbitrary will, or rather that of his ministers, the rule of his actions. Instead of accommodating himself, by a strict frugality, to the embarrassed situation in which his revenue had been left by the military expeditions of his uncle, the dissipations of his father, and the usurpations of the barons, he was tempted to levy money by irregular exactions, which, without enriching himself, impoverished, at least disgusted, his people. Of all men, nature seemed least to have fitted him for being a tyrant, yet are there instances of oppression in his reign, which, though derived from the precedents left him by his predecessors, had been carefully guarded against by the Great Charter, and are inconsistent with all rules of good government. And on the whole, we may say, that greater abilities, with his good dispositions, would have prevented him from falling into his faults, or with worse dispositions, would have enabled him to maintain and defend them.
This prince was noted for his piety and devotion, and his regular attendance on public worship; and a saying of his on that head is much celebrated by ancient writers. He was engaged in a dispute with Lewis IX. of France, concerning the preference between sermons and masses: he maintained the superiority of the latter, and affirmed, that he would rather have one hour’s conversation with a friend, than hear twenty of the most elaborate discourses pronounced in his praise.[*]
* Walsing. Edw. I. p. 43.
Henry left two sons, Edward, his successor, and Edmond earl of Lancaster; and two daughters, Margaret, queen of Scotland, and Beatrix, duchess of Brittany. He had five other children, who died in their infancy.
The following are the most remarkable laws enacted during this reign. There had been great disputes between the civil and ecclesiastical courts concerning bastardy. The common law had deemed all those to be bastards who were born before wedlock; by the canon law they were legitimate: and when any dispute of inheritance arose, it had formerly been usual for the civil courts to issue writs to the spiritual, directing them to inquire into the legitimacy of the person. The bishop always returned an answer agreeable to the canon law, though contrary to the municipal law of the kingdom. For this reason, the civil courts had changed the terms of their writ; and instead of requiring the spiritual courts to make inquisition concerning the legitimacy of the person, they only proposed the simple question of fact, whether he were born before or after wedlock. The prelates complained of this practice to the parliament assembled at Merton in the twentieth of this king, and desired that the municipal law might be rendered conformable to the canon; but received from all the nobility the memorable reply, “Nolumus leges Angliae mutare.” We will not change the laws of England.[*]
After the civil wars, the parliament summoned at Marlebridge gave their approbation to most of the ordinances which had been established by the reforming barons, and which though advantageous to the security of the people, had not received the sanction of a legal authority. Among other laws, it was there enacted, that all appeals from the courts of inferior lords should be carried directly to the king’s courts, without passing through the courts of the lords immediately superior.[**] It was ordained, that money should bear no interest during the minority of the debtor.[***] This law was reasonable, as the estates of minors were always in the hands of their lords, and the debtors could not pay interest where they had no revenue. The charter of King John had granted this indulgence: it was omitted in that of Henry III., for what reason is not known; but it was renewed by the statute of Marlebridge. Most of the other articles of this statute are calculated to restrain the oppressions of sheriffs, and the violence and iniquities committed in distraining cattle and other goods. Cattle and the instruments of husbandry formed at that time the chief riches of the people.
In the thirty-fifth year of this king, an assize was fixed of bread, the price of which was settled according to the different prices of corn, from one shilling a quarter to seven shillings and sixpence,[****] money of that age. These great variations are alone a proof of bad tillage:[*****] yet did the prices often rise much higher than any taken notice of by the statute.
* Statute of Merton, chap. 9.
** Statute of Marlb. chap. 20.
*** Ibid. chap. 16.
**** Statutes at large, p. 6.
iii. cap. 81, 92,) that the price of corn in Sicily was,
during the preetorship of Sacerdos five denarii amodius;
during that of Verres, which immediately succeeded, only two
sesterces; that is, ten times lower; a presumption, or
rather a proof, of the very bad state of tillage in ancient
times.
The Chronicle of Dunstable tells us, that in this reign wheat was once sold for a mark, nay, for a pound a quarter; that is, three pounds of our present money.[*] The same law affords us a proof of the little communication between the parts of the kingdom, from the very different prices which the same commodity bore at the same time. A brewer, says the statute, may sell two gallons of ale for a penny in cities, and three or four gallons for the same price in the country. At present, such commodities, by the great consumption of the people, and the great stocks of the brewers, are rather cheapest in cities. The Chronicle above mentioned observes, that wheat one year was sold in many places for eight shillings a quarter, but never rose in Dunstable above a crown.