that the king loudly signified his approval of this solemn curse.1 3 Henry's sincerity in all this may be doubted, however, without much injustice, since, as we now know, he had already taken precautions to obtain what he hoped would prove to be the restraining presence of a papal legate in England. By the middle of February, preparations for the departure of Otho from Rome were well advanced, and letters had been written to the English bishops as well as to the king announcing his advent. Amongst the special faculties supplied to him for his mission, was one authorising him to absolve Henry from whatever oaths he had been constrained to take in prejudice to the rights of the Crown. What this document especially refers to is made clear by two letters addressed at this time to Henry by the pope; one on the same day as the legate had received his faculties, the second a few months after the legate's arrival in England. In the first, Gregory IX reminds the king that at his coronation he had sworn to protect all the rights and liberties which pertain to the honour and dignity of his Crown. Notwithstanding this, as he-the popehad been given to understand, Henry had imprudently been induced to alienate many things which belonged to the Crown by right, and to alienate which was not fitting nor according to the kingly honour. Such abjurations were also prejudicial to the kingdom, and consequently also to the Roman Church, to which (England) is known "to belong, in a special manner."* The second letter, written after the arrival of the legate, was even more explicit: "We were greatly moved," writes the pope, on hearing that, acting under the advice of 1 Matthew Paris, v. 360. 3 Ibid., f. 439. 2 Brit. Mus. Add. MS., 15,353, f. 426. 4 Ibid. f. 437. e indiscreet people, you have, with improvident libery, surrendered to prelates and nobles, etc., certain liberties, possessions, and dignities, as well as many other privileges which belong to the rights and dignity of the Crown, to the great prejudice of the Roman Church, to which the kingdom of England is known to belong, and to the great injury of the kingdom itself. You have, moreover, bound yourself by oaths and charters not to recall these grants. Seeing, therefore, that by the said alienation this Holy See, the rights of which you may not in any way prejudice, is injured in no small degree," and the kingdom itself is damaged, we order you, notwithstanding your oaths, to recall the said grants and charters.1 Only a few months before the legate's appointment in June, 1236, the pope had carefully explained to Henry that by his coronation oath he was precluded from giving up in any way the rights and privileges inherent in the Crown. He pointed out that consequently any concessions that had been obtained from him by force of circumstances, or by those who traded upon his youth, were not to be held as in any way binding upon his conscience.2 It was no doubt in view of the concessions and promises made in the January of 1237 by Henry, and of the solemn circumstances, which had attended the renewal of his oaths at Westminster, that fresh letters of instruction had been obtained by the royal agents, and that the legate had received full faculties of absolution for the king from all promises whatsoever. Cardinal Otho arrived in England about 29th June, 1237. The king's request for the appointment of a papal legate had been kept so profound a secret, that, as Matthew Paris says, "the nobles of the country were unaware of 1 Rymer, i. 234. 2 Ibid., 299. his coming." They were both surprised and a the news that he was on his way became kno king," they said, "perverts all things. In every w at nought our laws and disregards his plighted promises. At one time, by the advice of his followers, and without even the knowledge of his friends and natural subjects, he contracted a marriage; now he has secretly called a legate into the country, who will change the whole face of the land; now he gives and now at will he takes back what he has given."1 This great English historian relates that, according to report at the time, the archbishop of Canterbury was as much surprised and annoyed as anyone, and rebuked the king for having summoned a legate from Rome. His advent, so thought St. Edmund, would certainly be a bad thing for the country. He could not, however, induce the king, even at the last moment, to stop his coming. Some of the English bishops, on the other hand, bowing apparently to the inevitable, sent messengers as far as Paris to meet the cardinal whilst on his way, and to make him rich presents. Otho prudently took only some of the precious things offered him, and distributed them amongst those who accompanied him. Henry meanwhile waited with impatience for his arrival, and welcomed him at the sea coast with every sign of reverence and honour, accompanying him on his progress towards London. Bishops and abbots and other prelates, we are told, received him everywhere in endless processions, and with the ringing of bells, showing him every honour, and heaping presents upon him. These manifestations of joy were, in the opinion of Matthew Paris "plus quam decuit "-more than was proper.2 1 Matthew Paris, iii. 395. 2 Ibid., 396. But although strongly biassed against the legate, the historian admits that his conduct in refusing so many presents was, whilst "contrary to the custom of Romans," prudent and so exceptional as at first to disarm the prejudice against him which undoubtedly existed.' As time went on, however, Otho naturally became the recipient of costly stuffs, much money, plate, and an abundance of provisions of all kinds. De Rupibus, the bishop of Winchester, was foremost in pressing his gifts upon the cardinal's acceptance, but still Otho continued to act upon the dictum of Seneca: "to take everything that is offered is avaricious, to take nothing is churlish; to take something is a sign of your friendship," and so, whilst accepting some things that were offered to him, he refused others. Otho's first work on coming to England was to try and reconcile certain of the nobles who had quarrelled, and that so seriously, that a tournament, which had been held at Blyth a few months before his arrival, had been turned really into a battle. Having accomplished this errand of peace, he next summoned the clergy to meet him in synod at London. The assembly was called for 18th November, 1237, in order that he might publish his appointment as legate with plenary powers, and to discuss certain matters of ecclesiastical discipline with the clergy." Meanwhile King Henry seemed bent on further alienating the affections of his subjects. Whilst relying almost entirely for advice upon his foreign councillors, he was yet constrained once more to appeal to his nobles to help him in his serious pecuniary straits. He asked now for a thirtieth part of all movables, and, after some hesitation and upon the renewed promises of the king to take his 1 Matthew Paris, iii. 403. 2 Ibid., 412. 3 Ibid., 404. own subjects as his chief advisers in place of foreigners, this was granted, but only that the nation might find once again that when the money was paid the royal protestations were forgotten. Richard, earl of Cornwall, the king's brother, at this juncture voiced the popular discontent, and upbraided Henry with thus alienating the affection of his people, and with squandering the great wealth he had already extracted from them. His plain speaking, however, had little apparent effect upon the king, who, "more and more," says the historian, "disregarded the advice of his own natural subjects." He, moreover, followed implicitly the advice of the legate, whom he had summoned into the country without consultation with anyone, "so that," to use the expression of Matthew Paris, "he seemed to worship his very footsteps, and declared in public, as well as in private, that without the consent either of the lord pope, or of his legate, he was unable to do anything in the kingdom, or to change or to alienate anything in it, since he was really not so much king as feudatory of the pope."" Before the day appointed for the London synod, Otho had had time at least to endeavour to carry out a commission with which he had been charged by Pope Gregory in regard to the unsatisfactory relations which existed between England and Scotland. On 27th March, 1237, the pope had written to inform Henry that he had commissioned his legate to try and arrange all outstanding difficulties between the two countries; and a month later he had sent a letter to the king of Scotland, whom he blames for not observing his oath of fealty to the English sovereign. On the 7th May, in order to make Otho's position in the matter clear and legal, the pope appointed him 1 Matthew Paris, 412. 2 Brit. Mus. Add. MS., 15,354, f. I. 4 Rymer, i. 371. |