XVII.

have enfued from the too great limitation of them. CHA P. If the king had poffeffed no arbitrary powers, while all the nobles affumed and exercifed them, there must have enfued an abfolute anarchy in the state.

ONE great mischief attending these confederacies, was the extorting from the king pardons for the most enormous crimes. The parliament often endeavoured, in the laft reign, to deprive the prince of this prerogative; but, in the prefent, they were content with an abridgment of it. They enacted, that no pardon for rapes or for murder from malice prepenfe fhould be valid, unless the crime were particularly specified in it. There were also fome other circumstances required for paffing any pardon of this kind: An excellent law; but ill obferved, like moft laws that thwart the manners of the people, and the prevailing cuftoms of the times.

It is easy to obferve, from these voluntary affociations among the people, that the whole force of the feudal fyftem was in a manner diffolved, and that the English had nearly returned, in that particular, to the fame fituation in which they flood before the Norman conqueft. It was, indeed, impoffible that that fyftem could long fubfift under the perpetual revolutions to which landed property is every where fubject. When the great feudal baronies were first erected, the lord lived in opulence in the midft of his vaffals: He was in a fituation to protect and cherish and defend them: The quality of patron naturally united itfelf to that of fuperior: And these two principles of authority mutually fupported each other, But when, by the various divifions and mixtures of property, a man's fuperior came to live at a distance from him, and could no longer give him shelter or countenance; the tie gradually became more fictitious than real: New connections from vicinity or other caufes were formed;

A 13 Rich. II. chap. 1,

Pro

$399.

XVII.

1399.

CHAP. Protection was fought by voluntary fervices and attachment: The appearance of valour, fpirit, abilities in any great man, extended his intereft very far: And if the fovereign were deficient in these qualities, he was no lefs, if not more exposed to the ufurpations of the ariftocracy, than even during the vigour of the feudal system.

THE greatest novelty introduced into the civil government during this reign was the creation of peers by patent. Lord Beauchamp of Holt was the first peer that was advanced to the house of lords in this manner. The practice of levying benevolences is alfo first mentioned in the present reign.

THIS prince lived in a more magnificent manner than perhaps any of his predeceffors or fucceffors. His household confifted of 10,000 perfons: He had 300 in his kitchen; and all the other offices were furnished in proportion 1. It must be remarked, that this enormous train had tables fupplied them at the king's expence, according to the mode of that age. Such prodigality was probably the fource of many exactions by purveyors, and was one chief reason of the public difcontents.

Harding: This poet fays, that he speaks from the authority of a clerk of the green cloth.

[61]

CHAP. XVIII.

HENRY IV.

Title of the king- -An infurrection-An insurrection in Wales-The earl of Northumberland rebels- Battle of Shrewsbury-State of ScotParliamentary tranfactions

land

and character of the king.

Death

THE English had fo long been familiarifed to CHAP. the hereditary fucceffion of their monarchs, the XVIII. inftances of departure from it had always borne 1399. fuch strong symptoms of injustice and violence, and Title of the fo little of a national choice or election, and the king. returns to the true line had ever been deemed fuch fortunate incidents in their hiftory, that Henry was afraid left, in refting his title on the consent of the people, he should build on a foundation to which the people themselves were not accustomed, and whofe folidity they would with difficulty be brought to recognize. The idea too of choice feemed always to imply that of conditions, and a right of recalling the confent upon any supposed violation of them; an idea which was not naturally agreeable to a fovereign, and might, in England, be dangerous to the fubjects, who, lying fo much under the influence of turbulent nobles, had ever paid but an imperfect obedience even to their hereditary princes. For these reasons, Henry was determined never to have recourfe to this claim; the only one on which his authority could confiftently ftand: He rather chofe to patch up his title in the best manner he could from other pretenfions:

And,