n the statute of treasons, an authority of that kind
was particularly reserved to both houses. This is fully acknowledged by
themselves in the first year of Henry IV.[361] But their influence upon
the balance of government became so commanding in a few years
afterwards, that they contrived, as has been mentioned already, to have
petitions directed to them, rather than to the lords or council, and to
transmit them, either with a tacit approbation or in the form of acts,
to the upper house. Perhaps this encroachment of the commons may have
contributed to the disuse of the lords' jurisdiction, who would rather
relinquish their ancient and honourable but laborious function than
share it with such bold usurpers.

[Sidenote: General character of the government in these ages.]

Although the restraining hand of parliament was continually growing more
effectual, and the notions of legal right acquiring more precision, from
the time of Magna Charta to the civil wars under Henry VI., we may
justly say that the general tone of administration was not a little
arbitrary. The whole fabric of English liberty rose step by step,
through much toil and many sacrifices, each generation adding some new
security to the work, and trusting that posterity would perfect the
labour as well as enjoy the reward. A time, perhaps, was even then
foreseen in the visions of generous hope, by the brave knights of
parliament and by the sober sages of justice, when the proudest
ministers of the crown should recoil from those barriers which were then
daily pushed aside with impunity.

There is a material distinction to be taken between the exercise of the
king's undeniable prerogative, however repugnant to our improved
principles of freedom, and the abuse or extension of it to oppressive
purposes. For we cannot fairly consider as part of our ancient
constitution what the parliament was perpetually remonstrating against,
and the statute-book is full of enactments to repress. Doubtless the
continual acquiescence of a nation in arbitrary government may
ultimately destroy all privileges of positive institution, and leave
them to recover, by such means as opportunity shall offer, the natural
and imprescriptible rights for which human societies were established.
And this may perhaps be the case at present with many European kingdoms.
But it would be necessary to shut our eyes with deliberate prejudice
against the whole tenor of the most unquestionable authoritie