XVII. ensued from the too great limitation of them. If CHA P. the King had possessed no arbitrary powers, while all the nobles assumed and exercised them, there must have ensued an absolute 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 last reign, to deprive the Prince of this prerogative; but in the present, they were content with an abridgment of it. They enacted, that no pardon for rapes or for murder from malice prepense should be valid; unless the crime were particularly specified in it." There were also some other circumstances required for passing any pardon of this kind: An excellent law; but ill observed, like most laws that thwart the manners of the people, and the prevailing customs of the times. It is easy to observe, from these voluntary associations among the people, that the whole force of the feudal system was in a manner dissolved, and that the English had nearly returned, in that particular, to the same situation in which they stood before the Norman conquest. It was, indeed, impossible that that system could long subsist under the perpetual revolutions to which landed property is every where subject. When the great feudal baronies were first erected, the lord lived in opulence in the midst of his vassals: He was in a situation to protect and cherish and defend them: The quality of patron naturally united itself to that of superior: And these two principles of authority mutually supported each other. But when, by the various divisions and mixtures of property, a man's superior 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 causes were formed: h13 Rich. II. cap. i. Protection 1399. 1399. CHA P. Protection was sought by voluntary services and XVII. attachment: The appearance of valour, spirit, abilities in any great man, extended his interest very far: And if the sovereign were deficient in these qualities, he was no less, if not more exposed to the usurpations of the aristocracy, 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 also first mentioned in the present reign. i THIS Prince lived in a more magnificent manner than perhaps any of his predecessors or successors. His household consisted of 10,000 persons: He had 300 in his kitchen; and all the other offices were furnished in proportion. It must be remarked, that this enormous train had tables supplied them at the King's expence, according to the mode of that age. Such prodigality was probably the source of many exactions by purveyors, and was one chief reason of the public discontents. i Harding: This poet says, that he speaks from the authority of a clerk of the green cloth. CHAP. XVIII. HENRY IV. Title of the King.- An Insurrection.- An Insur rection in Wales.-The Earl of Northumberland rebels.- Battle of Shrewsbury.- State of Scotland.-Parliamentary Transactions.-Death, and Character of the King. THE English had so long been familiarised to CHA P. 1399. the hereditary succession of their Monarchs, XVIII. the instances of departure from it had always borne such strong symptoms of injustice and violence, and Title of so little of a national choice or election, and the the King. returns to the true line had ever been deemed such fortunate incidents in their history, that Henry was afraid lest, in resting his title on the consent of the people, he should build on a foundation to which the people themselves were not accustomed, and whose solidity they would with difficulty be brought to recognize. The idea too of choice seemed always to imply that of conditions, and a right of recalling the consent upon any supposed violation of them; an idea which was not naturally agreeable to a Sovereign, and might, in England, be dangerous to the subjects, who, lying so 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 recourse to this claim; the only one on which his authority could consistently stand: He rather chose to patch up his title in the best manner he could from other pretensions : And 1399. CHA P. And in the end, he left himself, in the eyes of men XVIII. of sense, no ground of right but his present possession; a very precarious foundation, which, by its very nature, was liable to be overthrown by every faction of the great, or prejudice of the people. He had indeed a present advantage over his competitor: The heir of the house of Mortimer, who had been declared, in parliament, heir to the crown, was a boy of seven years of age: His friends consulted his safety, by keeping silence with regard to his title Henry detained him and his younger brother in an honourable custody at Windsor castle : But he had reason to dread, that, in proportion as that nobleman grew to man's estate, he would draw to him the attachment of the people, and make them reflect on the fraud, violence, and injustice, by which he had been excluded from the throne. Many favourable topics would occur in his behalf: He was a native of England; possessed an extensive interest from the greatness and alliances of his family; however criminal the deposed Monarch, this youth was entirely innocent; he was of the same religion, and educated in the same manners with the people, and could not be governed by any separate interest: These views would all concur to favour his claim; and though the abilities of the present Prince might ward off any dangerous revolution, it was justly to be apprehended that his authority could with difficulty be brought to equal that of his predecessors. HENRY, in his very first parliament, had reason to see the danger attending that station which he had assumed, and the obstacles which he would meet with in governing an unruly aristocracy, always divided by faction, and at present inflamed with the resentments consequent on such recent convulsions. The peers, on their assembling, broke out into violent animosities against each other; * Dugdale, vol. i. p. 151. forty 1399. forty gauntlets, the pledges of furious battle, were C H A P. thrown on the floor of the house by noblemen who XVIII. gave mutual challenges; and liar and traitor resounded from all quarters. The King had so much authority with these doughty champions, as to prevent all the combats which they threatened; but he was not able to bring them to a proper composure, or to an amicable disposition towards each other. 1400. rection. It was not long before these passions broke into action. The Earls of Rutland, Kent, and Hunt- An insuringdon, and Lord Spencer, who were now degraded from the respective titles of Albemarle, Surrey, Exeter, and Glocester, conferred on them by Richard, entered into a conspiracy, together with the Earl of Salisbury and Lord Lumley, for raising an insurrection, and for seizing the King's person at Windsor'; but the treachery of Rutland gave him warning of the danger. He suddenly withdrew to London; and the conspirators, who came to Windsor with a body of 500 horse, found that they had missed this blow, on which all the success of their enterprise depended. Henry appeared next day at Kingston-upon-Thames, at the head of 20,000 men, mostly drawn from the city; and his enemies, unable to resist his power, dispersed themselves, with a view of raising their followers in the several counties which were the seat of their interest. But the adherents of the King were hot in the pursuit, and every where opposed themselves to their progress. The Earls of Kent and Salisbury were seized at Cirencester by the citizens, and were next day beheaded without farther ceremony, according to the custom of the times. The citizens of Bristol treated Spencer and Lumley in the same manner. The Earl of Huntingdon, Sir Thomas Blount, and Sir Benedict Sely, who were also taken prisoners, suffered death with many others of the conspirators, m Walsingham, p. 362. Otterbourne, p. 224. by |