in the same proportion in which it is subjected to such modifications, migrates from its own nature into a property-tax.

(n) This earl was the son of Philippa, only daughter of Lionel duke of Clarence, the third son of Edward III, whose second son died young. He was in the year 1386 declared presumptive heir of the crown. His descendants afterwards claimed the crown under the title of the house of York, Lionel having been subsequently created duke of York. Ibid. vol. 1. p. 387, 388.

(0) In the beginning of this reign the commons had contented themselves with praying the lords to appoint a council for the king.

(p) This was a direct violation of the statute of Edward III, which provided that no other than the specified acts should be considered as treasonable, unless they should have been so declared by the parliament.

(9) In the writs issued for electing members for this parliament a clause was introduced, ordering the sheriffs "to return those persons that were the most indifferent in the present disputes." This however was discovered, and the king was obliged to renew the writs, and even to specify that the obnoxious clause had been inserted contrary to the ancient form. Ibid. p. 411.

(r) Hume has particularly commended Rich

ard II. for not having imposed any tax without the consent of the parliament, vol. 8. p. 46. But as his policy consisted in corrupting the parliament, and rendering it the instrument of his oppressions, little could be gained for his vindication even if this were established. Walsingham however charges him with practising various arbitrary acts of extortion, ending in the confiscation of seventeen counties.

LECTURE XXIX.

Of the history of England, from the beginning of the reign of Henry IV. in the year 1399, to that of the reign of Henry VIII. in the year 1509.

I CONCLUDED the preceding lecture at the deposition of Richard II, and the establishment of the family of Lancaster on the throne in the person of Henry IV, a memora

ble epoch of our constitutional history, as Henry was not the nearest claimant of the royal dignity, and therefore found it necessary to depend on the parliament for his title. In the present lecture I propose to prosecute the consideration of the history of England to the accession of Henry VIII. in the year 1509, through a busy and eventful period of seven reigns, distinguished by the struggle of the rival families of Lancaster and York, by the union of their pretensions in the family of Tudor, by the depression of the aristocracy and the aggrandisement of the royal power, and by the brilliant, but temporary success, with which the English triumphed over their continental neighbours.

Among the changes of this interesting period, the grand one was the reduction of the English aristocracy. In the earlier period of the government a powerful aristocracy was a necessary barrier against the invasions of the royal prerogative: a variety of causes did indeed cooperate to raise by degrees another bulwark, by which the public interests might be more advantageously secured; but until this important work had been accomplished, and the formation of an English house of commons was not a work which could be easily or speedily accomplished, the protection of these interests required that the aristocracy should possess

more power, than would afterwards be either necessary or convenient. At this time however the house of commons had not only been formed, but had begun to assert its importance by interposing in the most momentous concerns of the government, and the time was therefore arrived, when the continuance of the great authority of the nobles was no longer expedient. The event indeed proved that the house of commons was not yet possessed of sufficient power for resisting that of the crown, since the royal power gained a temporary ascendancy; but this struggle was the discipline by which the young vigour of the representatives of the people was exercised and confirmed, and it was therefore conducive to their future authority that they should thus for a time be overborne by the prerogative. The reduction of the aristocracy was accordingly accommodated in time to the circumstances of the popular part of the constitution, and in this view the causes which determined it to this particular time are especially interesting. That reduction would have been effected in the necessary changes of European society, as the industry and luxury of commerce prevailed over the rude independence of the feudal barons, particularly in a country situated so favourably as England for commercial enterprise; but in the period which I now propose