Fortescue's
scheme of
Befornu
The king’s
poverty
and great
expenses.
sɔo Constitutional History. [chap.
there is more spirit and a better heart in a robber than in a
thief1.
England, notwithstanding the advantages of politic royalty,
had fallen into trouble, as Fortescue was obliged to allow,
and in one of the latest of his works he sketches, perhaps as
advice to Edward IV, a system of reform, many points of which
are a mere restoration of the system that was in use under
the Lancastrian kings. Some of these may be noticed as
illustrating the preceding sections of this chapter as well as
tending to a general conclusion. The politic royalty of England,
distinguished from the government of absolute kingdoms by
the fact that it is rooted in the desire and institution of the
nation, has its work set in the task of defence against foreign
foes and in the maintenance of internal peace2. Such a work
is very costly ; the king is poor ; royal poverty is a very
dangerous thing, for the king can contract loans only on heavy
interest ; he is liable to be defamed for misgovernance ; he is
driven to make ruinous assignments of revenue and to give
extravagant gifts of land, and he is tempted or compelled to
use oppressive means for raising funds3. His expenses are of
two sorts: ordinary charges are those of the household and
wardrobes, the wages of public functionaries, the keeping of
the marches and of Calais, and the maintenance of public
works. The expenses of the navy are not counted here,
for they are provided for by tunnage and poundage4. The
extraordinary charges are those for the maintenance and re-
ception of embassies, the rewarding of old servants, the pro-
vision for royal buildings, for the stock of jewels and plate,
for special commissions of judges, royal progresses for the
sustentation of peace and justice, and above all the resistance
of sudden invasions. The nation is bound to support the king
in all things necessary to his estate and dignity ; his ordinary `
1 Monarchy, e. 12, p. 464; ed. Pl. p. 140.
2 lb. c. 4, p. 453 : 1A king’s office stondith in two things, one to defend
his realme ageyn their ennemyes outward by sword, another that he de-
Iendith his people ageyn wrong doars inwarde.’ Plummer, p. 116.
3 Ib.c. 5,pp. 454,455; Pl. p. ɪɪg. « Ib.c. 6,pp. 455, 456; Pl. p. 122.
s lb. c. 7, pp. 457, 458 ; pi. p. 123.
XVITi.] Fortescue’s Scheme of Feforin. 251
revenue may suffice for the household, hut the king is not only Obligation
. _ . 1. ∣.ι η . of thθ nation
a sovereign lord, but a public servant; the royal estate is an to help the
office of administration, the king not less than the pope is 'ɑɪɪ8'
senus servorum Dei1. He should for his extraordinary charges
have a revenue not less than twice that of one of his great
lords2. The question is how can such a revenue be raised.
There are among the expedients of French finance some that
might with parliamentary authority be adopted in England3,
but the real source of relief must be sought in the retention
and resumption of the lands which the kings were so often
tempted to alienate. The king had once possessed a fifth part Diminution
of the land of England : this had been diminished by the estates to
. _ 7 _ . . u be stopped,
restoration of forfeited estates, by the recognition of entails
and other titles, by gifts to servants of the crown, by provision
for the younger sons of the king, and most of all by grants
to importunate suitors. The further diminution of the crown
estates might be prevented ; the king might content himself
with bestowing estates for life; if he were economical the
commons would be ready to grant subsidies i. If however he a resump-
. n .1 . _ . tion of gifts
wished to restore national prosperity and to live ot his own, he of lands to
must be prepared to go further ; a general resumption of gifts
of land made since a certain period must be enforced 5. To do
this and to secure that for the future only due and proper
grants should be made, it was necessary to constitute or
reform the royal council ”. This important body, before which Fortescue
all questions of difficulty might be brought, should not hence- remodelling
forth consist, as it had done, of great lords who were prone °ounciijnvy
to devote themselves to their own business more than to the
king’s, but of twelve spiritual and twelve temporal men, who
were to swear to observe certain rules, and constitute a per-
manent council, none of whom was to be removed without
consent of the majority. To these should be added four'
1 Monarchy, c. 8, pp. 458, 459 ; Pl. p. 127.
2 lb. c. 9, p. 459 ; Pl. pp. 128, 254. 3 ɪb. c. 10, p. 461 ; Pl. p. ɪʒɪ.
4 lb. cc. 10, ɪɪ, pp. 4^2-464 ; Pl. pp. 131, 135.
s lb. c. 14, p. 467 ; Pl. p. I43∙
c In the Rules of Council drawn up in 1390, Ord. i. 18, the business of
the king and kingdom is made to take precedence of all other matters.