grew up, on the doubtful frontier which separates executive from
legislative functions, that great anomaly known as the dispensing
power.

That the King could not impose taxes without the consent of
Parliament is admitted to have been, from time immemorial, a
fundamental law of England. It was among the articles which John
was compelled by the Barons to sign. Edward the First ventured to
break through the rule: but, able, powerful, and popular as he
was, he encountered an opposition to which he found it expedient
to yield. He covenanted accordingly in express terms, for himself
and his heirs, that they would never again levy any aid without
the assent and goodwill of the Estates of the realm. His powerful
and victorious grandson attempted to violate this solemn compact:
but the attempt was strenuously withstood. At length the
Plantagenets gave up the point in despair: but, though they
ceased to infringe the law openly, they occasionally contrived,
by evading it, to procure an extraordinary supply for a temporary
purpose. They were interdicted from taxing; but they claimed the
right of begging and borrowing. They therefore sometimes begged
in a tone not easily to be distinguished from that of command,
and sometimes borrowed with small thought of repaying. But the
fact that they thought it necessary to disguise their exactions
under the names of benevolences and loans sufficiently proves
that the authority of the great constitutional rule was
universally recognised.

The principle that the King of England was bound to conduct the
administration according to law, and that, if he did anything
against law, his advisers and agents were answerable, was