BEFORE THE RESTORATION.

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subtle and courtly lawyers, grew up, on the doubtful frontier chap,which separates executive from legislative functions, that greatanomaly known as the dispensing power.

That the King could not impose taxes without the consentof Parliament is admitted to have been,from time immemorial,a fundamental law of England. It was among the articleswhich John was compelled by the Barons to sign. Edwardthe First ventured to break through the rule: but, able, power-ful, and popular as he was, he encountered an opposition towhich he found it expedient to yield. He covenanted accord-ingly in express terms, for himself and his heirs, that theywould never again levy any aid without the assent and good-will of the Estates of the realm. His powerful and victoriousgrandson attempted to violate this solemn compact: but theattempt was strenuously withstood. At length the Plantage-nets gave up the point in despair; but though they ceased toinfringe the law openly, they occasionally contrived, by eva-ding it, to procure an extraordinary supply for a temporarypurpose. They were interdicted from taxing; but they claim-ed the right of begging and borrowing. They thereforesometimes begged in a tone not to be distinguished from thatof command, and sometimes borrowed with small thought ofrepaying. But the fact that it was thought necessary to dis-guise these exactions under the names of benevolences andloans sufficiently proves that the authority of the great con-stitutional rule was universally recognised.

The principle that the King of England was bound to con-duct the administration according to law, and that, if he didanything against law, his advisers and agents were answerable,was established at a very early period, as the severe judg-ments pronounced and executed on many royal favouritessufficiently prove. It is, however, certain that the rights ofindividuals were often violated by the Plantagenets, and thatthe injured parties were often unable to obtain redress. Ac-