The name is absent



Previous
illustration
of Lancas-
trian rule.


Importance
of the privy
counc∏.


Its growth
and develop
ɪnent.


254               Constitutional History.            [ciiap.

were no more heard of money raised without consent of
parliament, or of illegal exaction by means of commissions of
array ; the abuses of purveyance were mentioned only to be
redressed and punished, and, if legal decisions were left un-
executed, it was for want of power rather than from want of will1.

367. To recapitulate then the points in which the Lancas-
trian kings maintained the constitution as they found it, would
be simply to repeat the whole of the parliamentary history,
which from a 'different point of view we have surveyed in this
chapter. It will be sufficient to mark the particulars in which
constitutional practice gains clearness and definiteness under
their sway. And of these also most have been noticed already.

Perhaps the feature of the constitution which gains most in
clearness and definiteness during the period is the institution
of the royal council, the origin and varying conditions of which
have been already traced down to the close of the fourteenth
century2. That body, however constituted at the time, has
been seen, from the minority of Henry III onwards, constantly
increasing its power and multiplying its functions ; retiring
into the background under strong kings, coming prominently
forward when the sovereign was weak, unpopular, or a child.
At last, under the nominal rule of Eichard II, but really under
the influence of the men who led the great parties in the par-
liament and in the country, it has become a power rather
coordinate with the king than subordinate to him, joining with
him in all business of the state, and not merely assisting but
restricting his action. And as the council has multiplied its
functions and increased its po.wers, the parliament has endea-
voured to increase the national hold over thé council by insist-
ing that the king should nominate its members in parliament,
and by more than once taking the nomination of the consul-
tative body out of his hands, superseding for a time by com-
missions of reform both the royal council and the royal power
itself. Such an act it was which, in 1386, brought about the
crisis of the reign and the subsequent reactions which ended in
Bichard’s fall8.

1 See below, p. 276.    2 Vol. ɪɪ. pp. 267-274.    3 Vol. iɪ. pp. 495-507.

XVIII.]             The Privy Cominl.                aʒʒ

Henry IV accepted the constitution of the council : Henry V The council,
acted consistently upon the same principle ; it forms the key
to guide us in reading the reign of his son ; the manipulation
of the system by Edward IV supplies one of the leading influ-
ences of the Tudor politics ; and the council of the Lancastrian
kings is the real, though perhaps not strictly the historical,
germ of the cabinet ministries of modern times. Whenin 1406
Vote of con
the house of commons told the king that they were induced to ι4o6.
make their grants, not only by the fear of God and love for the
king, but by the great confidence which they had in the lords
then chosen and ordained to be of the king’s continual council1,
they seem to have caught the spirit and anticipated the lan-
guage of a much later period.

The demand that the members of the king’s continual council Counrai
should be nominated in parliament and should take .certain mpariia-
oaths and accept certain articles for their guidance, was one
which was sure to be made whenever a feeling of distrust arose
between the king and the estates2. It was accordingly one of
the first signs of the waning popularity of Henry IV after
Hotspur’s rebellion. In the parliament of 1404, at the urgent
and special request of the commons, the king named six bishops,
a duke, two earls, six lords, including the treasurer and privy
seal, and seven commoners to be his great and continual
council3. In 1406, under similar presaβre, he named three
bishops, a duke, an earl, four barons, three commoners, the
chancellor, treasurer, privy seal, steward, and chamberlaini.
In 1410 the king was requested to nominate the most valiant,
wise, and discreet of the lords, spiritual and temporal, to be of
his council, in aid and support of good and substantial govern- con∞rd uf
ment ; after a good deal of discussion the request was granted
parliament
on the last day of the session 5. During the reign of Henry V Henry v.
the perfect accord existing between the king and parliament
made any question of the composition of the council super-

1 PvOt. Parl. iii. 568 ; above, p. 56.

2 Vol. ii. pp. 360, 387> &c-

3 Hot. Parl. iii. 530 ; Ordinances, i. 237, 243 ; above, p. 45.

i Rot. Parl. iii. 572 ; Ordinances, i. 295.

5 Rot. Parl. iii. 623, 632.



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