But the leaders of the opposite factions having made a temporary accommodation, the interests of the English were sacrificed; and this effort of Henry proved, in the issue, entirely vain and fruitless. The declining state of his health, and the shortness of his reign, prevented him from renewing the attempt, which his more fortunate son carried to so great a length against the French monarchy.
Such were the military and foreign transactions of this reign: the civil and parliamentary are somewhat more memorable, and more worthy of our attention. During the two last reigns, the elections of the commons had appeared a circumstance of government not to be neglected; and Richard was even accused of using unwarrantable methods for procuring to his partisans a seat in that house. This practice formed one considerable article of charge against him in his deposition; yet Henry scrupled not to tread in his footsteps, and to encourage the same abuses in elections. Laws were enacted against such undue influence; and even a sheriff was punished for an iniquitous return which he had made:[**] but laws were commonly at that time very ill executed; and the liberties of the people, such as they were, stood on a surer basis than on laws and parliamentary elections.
* Walsing. p. 380.
** Cotton, p. 429.
Though the house of commons was little able to withstand the violent currents which perpetually ran between the monarchy and the aristocracy, and though that house might easily be brought, at a particular time, to make the most unwarrantable concessions to either, the general institutions of the state still remained invariable; the interests of the several members continued on the same footing; the sword was in the hands af the subject; and the government, though thrown into temporary disorder, soon settled itself on its ancient foundations.
During the greater part of this reign, the king was obliged to court popularity; and the house of commons, sensible of their own importance, began to assume powers which had not usually been exercised by their predecessors. In the first year of Henry, they procured a law, that no judge, in concurring with any iniquitous measure, should be excused by pleading the orders of the king, or even the danger of his* own life from the menaces of the sovereign.[*] In the second year, they insisted on maintaining the practice of not granting any supply before they received an answer to their petitions, which was a tacit manner of bargaining with the prince.[**] In the fifth year, they desired the king to remove from his household four persons who had displeased them, among whom was his own confessor, and Henry, though he told them that he knew of no offence which these men had committed, yet, in order to gratify them, complied with their request.[***] In the sixth year, they voted the king supplies, but appointed treasurers of their own, to see the money disbursed for the purposes intended, and required them to deliver in their accounts to the house.[****] In the eighth year, they proposed, for the regulation of the government and household, thirty important articles, which were all agreed to; and they even obliged all the members of council, all the judges, and all the officers of the household, to swear to the observance of them.[*****] The abridger of the records remarks the unusual liberties taken by the speaker and the house during this period.[******] But the great authority of the commons was but a temporary advantage, arising from the present situation. In a subsequent parliament, when the speaker made his customary application to the throne for liberty of speech, the king, having now overcome all his domestic difficulties, plainly told him that he would have no novelties introduced, and would enjoy his prerogatives. But on the whole, the limitations of the government seem to have been more sensibly felt, and more carefully maintained, by Henry than by any of his predecessors.
* Cotton, p. 364.
** Cotton, p. 406.
*** Cotton, p. 426.
**** Cotton, p. 438.
****** Cotton, p 462.
During this reign, when the house of commons were at any time brought to make unwary concessions to the crown they also showed their freedom by a speedy retractation of them. Henry, though he entertained a perpetual and well grounded jealousy of the family of Mortimer, allowed not their name to be once mentioned in parliament; and as none of the rebels had ventured to declare the earl of Marche king, he never attempted to procure, what would not have been refused him, an express declaration against the claim of that nobleman; because he knew that such a declaration, in the present circumstances, would have no authority, and would only serve to revive the memory of Mortimer’s title in the minds of the people. He proceeded in his purpose after a more artful and covert manner. He procured a settlement of the crown on himself and his heirs male,[*] thereby tacitly excluding the females, and transferring the Salic law into the English government. He thought that, though the house of Plantagenet had at first derived their title from a female, this was a remote event, unknown to the generality of the people; and if he could once accustom them to the practice of excluding women, the title of the earl of Marche would gradually be forgotten and neglected by them. But he was very unfortunate in this attempt. During the long contests with France, the injustice of the Salic law had been so much exclaimed against by the nation, that a contrary principle had taken deep root in the minds of men; and it was now become impossible to eradicate it. The same house of commons, therefore, in a subsequent session, apprehensive that they had overturned the foundations of the English government, and that they had opened the door to more civil wars than might ensue even from the irregular elevation of the house of Lancaster, applied with such earnestness for a new settlement of the crown, that Henry yielded to their request, and agreed to the succession of the princesses of his family;[**] a certain proof that nobody was, in his heart, satisfied with the king’s title to the crown, or knew on what principle to rest it.
But though the commons, during this reign, showed a laudable zeal for liberty in their transactions with the crown, their efforts against the church were still more extraordinary, and seemed to anticipate very much the spirit which became so general in little more than a century afterwards. I know that the credit of these passages rests entirely on one ancient historian;[***] but that historian was contemporary, was a clergyman, and it was contrary to the interests of his order to preserve the memory of such transactions, much more to forge precedents which posterity might some time be tempted to imitate.
* Cotton, p. 454.
** Rymer, vol. viii. p. 462.
*** Walsingham.
This is a truth so evident, that the most likely way of accounting for the silence of the records on this head, is by supposing that the authority of some churchmen was so great as to procure a razure, with regard to these circumstances, which the indiscretion of one of that order has happily preserved to us.