it tr<strong>an</strong>sferred the position of heir-presumptive <strong>an</strong>d leader ofthe opposition to a m<strong>an</strong> whose abilities were far greaterth<strong>an</strong> those of Gloucester, while his interests were diametricallyopposed to those of the house of L<strong>an</strong>caster, instead ofbeing identical with them. A few weeks later died CardinalBeaufort, <strong>an</strong>d the stage was thus cleared for younger actors.Somerset <strong>an</strong>d York were both absent from Engl<strong>an</strong>d, <strong>an</strong>dMinistry of Suffolk was omnipotent at court. He showed a rigorousdetermination to exclude not merely from power, but evenfrom the king's presence, all but those who were prepared tobe the subservient ministers of his will l. <strong>The</strong> same policywas pursued with reference to the local administrationz.<strong>The</strong> reaction caused by this arrog<strong>an</strong>ce <strong>an</strong>d partiality, <strong>an</strong>dHis im- the ill-success of his foreign policy 3, proved his ruin. Bypeachment.1450 the popular. indignation could no longer be restrained,<strong>an</strong>d his impeachment was resolved on by the Commons.<strong>The</strong> ultimate decision of the question is <strong>an</strong> inst<strong>an</strong>ce of atendency, which appears more th<strong>an</strong> once in this time ofTendency weakness <strong>an</strong>d decline of true political life; the tendency,to shi~kconstito- namely, to throw the responsibility for questionable actionstional re- upon the crown, <strong>an</strong>d so to shift it from the shoulders of thosesponsibi-Iity. who constitutionally ought to bear it. At the time ofHenry's marriage the Lords protested that the king hadbeen moved to the thought of peace ' onely by oure Lorde,'<strong>an</strong>d not by 'the Lordes, or other of your suggettes4.' Sonow the king, 'by his owue advis, <strong>an</strong>d not reportyng hymto thy advis of his Lordes, nor by wey of judgement,'' Even the sermons preachedbefore the king were subjected to arigorous censorship ; Gascoigne,p. 191 ; cf. Gregory, pp. xxiii, 203.Rot. Parl. v. 181 b, <strong>an</strong>d notesto Chap. xvii, below.SCf. Gascoigne, p. 219 : ' Et sicfacta est alienacio ... predictarumterrarum . . . sine aliqua pacefinali conclusa . .. inter illa duoregna.' Henry's subsequent protestthat the cession of Maine wasonly made in consideration of asecure peace (Rymer, xi. 204,March IS, 1448) was, in the faceof the actual facts, not worth theparchment it was written on. <strong>The</strong>same may be said of the declarationof Suffolk's loyalty ; Rot.Parl. v. 447 b.* Rot. Parl. v. 102 b. <strong>The</strong> sametendency appears in the PrivyCouncil. See the case of Somerset'sapplication for a gr<strong>an</strong>t, citedin the notes to Chap. xix. below.In the challenge which Henry Vsent to the Dauphin in 1415, it isstated that none of his counsellorshad dared to counsel him in sohigh a matter ; Rymer, ix. 313.b<strong>an</strong>ished Suffolk for five years, the Lords protesting thatthis ' proceded not by their advis <strong>an</strong>d counsell, but wasdoon by the kynges. - owne deme<strong>an</strong>aunce <strong>an</strong>d rule l.' In allthese cases the Lords ought, if they approved of what wasdone, to have accepted their share of the responsibility, or,if they disapproved, they should have fr<strong>an</strong>kly opposed it.<strong>The</strong>ir actual course was a piece of political cowardice. <strong>The</strong>whole proceedings in the case of Suffolk were most uncon-&utional, a flagr<strong>an</strong>t evasion of the right of the Commonsto bring <strong>an</strong> accused minister to trial before the House ofLords" <strong>The</strong> idea of Henry was no doubt to find a compromisewhereby the Commons might be satisfied, <strong>an</strong>d yetSuffolk might be saved. He failed egregiously in both.Suffolk was murdered at sea, <strong>an</strong>d this gave the signal forall the mischief that followed. <strong>The</strong> Commons of Kent rose Rising orunder Cade, complaining, among other things, that ' the Cade.fals traytur Pole that was as fals as Fortager (Vortigern). . . apechyd by all the h011 comyns of Ingelond, . . .myght not be suffryd to dye as ye law wolde3.'<strong>The</strong> rising of Cade was but the climax of a processwhich had long been going on. <strong>The</strong> government hadgradually been losing all hold upon the country, <strong>an</strong>d inthe general paralysis of the central administration localdisorder had increased to a frightful extent4. <strong>The</strong> causes Causes otgovel n-of these 'troubles <strong>an</strong>d debates5' are precisely those evilsagainst which Fortescue's proposed reforms are mainly weakness.Rot. Parl. v. 183.This right was not in theslightest degree affected by Suffolk'sresignation of his privilegesas a peer.S Three Fifteenth Century Chronicles,p. 95. According to Basin,i. 25 I - 2, Somerset f<strong>an</strong>ned thePopular indignation against Suffolk,in order to divert attentionfroin his own military failures.<strong>The</strong> year 1443 e.g. seems tohave been specially troublous.rhere were disputes <strong>between</strong> theEarl of Northumberl<strong>an</strong>d <strong>an</strong>dKemp the Archbishop of York,P. P. C. v. 309, cf. ib. 268-9, 273 ;<strong>between</strong> Lord Grey of Ruthin <strong>an</strong>dthe town of Northampton, ib. 305 ;<strong>between</strong> S. Mary's Abbey, York,<strong>an</strong>d the Corporation of that city,ib. 225, 232 ; <strong>between</strong> FountainsAbbey <strong>an</strong>d Sir John Neville, ib.241 : there were rists at Salisbury,ib. 247-8 ; <strong>an</strong>d in London, ib.277-8. In 1437 the whole countrywas so disturbed that copies of theStatute of Winchester were sent toall the sheriffs, with orders for itsenforcement ; ib. 83.See below, Chap. xvii.
directed, <strong>an</strong>d they must therefore be investigated somewhatin detail.Poveit~. One great cause of the weakness of the government wasno doubt its poverty. <strong>The</strong> revenue both central <strong>an</strong>d local1was hopelessly encumbered, largely by gr<strong>an</strong>ts of <strong>an</strong>nuities<strong>an</strong>d pensions to persons who were in reality much richerth<strong>an</strong> the crown2. <strong>The</strong> notes to this work will show indetail how every br<strong>an</strong>ch of the public service was const<strong>an</strong>tlyin arrear3. It was seldom if ever possible to waituntil the supplies gr<strong>an</strong>ted by Parliament were actuallyI,o<strong>an</strong>s. collected. Parliament itself generally gave authority tothe Council to raise lo<strong>an</strong>s on the security of the taxes.Where this parliamentary s<strong>an</strong>ction was given, <strong>an</strong>d thelo<strong>an</strong>s were punctually repaid, this system was perhapsconstitutionally unobjectionable 4. But the fin<strong>an</strong>cial resultwas disastrous. Fortescue estimates the loss to the kingat ' the fourth or fifth penny of his revenues ".' Lo<strong>an</strong>s wereconst<strong>an</strong>tly asked for from individuals, corporations, <strong>an</strong>dtowns, <strong>an</strong>d sometimes in a way which seems distinctlyunconstitutional^ Beaufort was the chief lender <strong>an</strong>d lo<strong>an</strong>On the state of the local revenue,see notes to Chap. xv.below.See notes to Chap. vi. below,<strong>an</strong>d cf. Gascoigne, p. 158.S See especially notes to Chaps.vi, <strong>an</strong>d vii.A list of towns <strong>an</strong>d persons,with the sums which they wereexpected to lend under Parliamentaryauthority,is in P.P. C. iv. 316K(1436). <strong>The</strong>re are innumerableentries in the Cal. Rot. Pat. 'delnutuo faciendo per totum regnum;' 273 a, 274 b, 275 b, 276 b,280 b, 284 b, 289 b, 293 b, 295 a,296 a. U7hether all these had parliamentaryauthority I c<strong>an</strong>not say.<strong>The</strong> Lords of the Council <strong>an</strong>dothers had frequently to bindthemselves not to allow the assignmentsmade for repayment oflo<strong>an</strong>s to be tampered whh ; P.P. C.iv. 145 ; Rot. Parl. iv. 275 b. Thisprecaution had been taken underHenry V ; ib. 117.That itwas not unnecessary is shown bythe fact that in 1442 Beaufortalone supported the Treasurer inresisting <strong>an</strong> attempt to assign revenuethat had been already appropriated; P. P. C.V. 216, cf. 220.But in 1443 he agreed to a gr<strong>an</strong>tout of the customs of London,' notwithst<strong>an</strong>dyng <strong>an</strong>y assignementmaade before, <strong>an</strong>d notwithst<strong>an</strong>dyng<strong>an</strong>y estatut act or orden<strong>an</strong>ce; ' ib. 227.Chap. v. below.In 1430 the Pope lent Henrymoney ; 1'. P. C. iv. 343. In 1437a special appeal was made to theclergy; ib. v. 42. Dr. Stubbs(C. H. iii. 276 note) has tried tom~n~rni~e the charge of unconstitutionaltaxation brought againstthe L<strong>an</strong>castri<strong>an</strong> kings. One document,he thinks, is wrongly assignedto that period. Other cases' ~nvolke only the sort of lo<strong>an</strong>scol~tractor to the government '. <strong>The</strong> king's jewels werein pawn '. And the government seem not tohave been above such petty acts of tyr<strong>an</strong>ny as exactingthe fines for respite of knighthood twice over 3. Fortescue Exquisitellimself admits that the poverty of the king compels him me<strong>an</strong>s.g to fynde exquysite me<strong>an</strong>es of geyting of good 4.' It ishardly likely that in this he is thinking oidy of the reignof ~dward IV. It is obvious that <strong>an</strong> administration thusstarved could not be efficient. <strong>The</strong> remedies which Fortes~ue'bFortescue proposes for this state of things are a largereme'"e"increase in the perm<strong>an</strong>ent endowment of the crown, <strong>an</strong>dthe making of that 'livelod ' inalienable, a resumption ofgr<strong>an</strong>ts, the limitation of the king's power of giving bymaking the consent of the council necessary, <strong>an</strong>d a systemwhich were s<strong>an</strong>ctioned by Parliament,'though, if they were notactually s<strong>an</strong>ctioned by Parliament,their constitutional characterwould still be doubtful. But thefollowing inst<strong>an</strong>ce (which Dr.Stubbs does not cite) seems tooclear to be explained away.RIGHT trusty, &c.Howe it bethat . . . . we . . . . charged youeither to have sende . . . . the cc.marE, like as ye aggreed . . . . tolenne us, . . . .or elles to have apperedpersonally before us <strong>an</strong>doure Counsaille ; . . . . Neverthelesse. . . . ye neyther have sendethe saide money, nor appered . . . .For so moche we write.. . . straitelycharging you, that as ye woleschewe to be noted <strong>an</strong>d taken fora letter <strong>an</strong>d breker of tharmee,whiche is appointed to be sendeunto our saide duchie (of Guye?ne),. . . . ye withoute delay. . . .either sende by the berer heroffhe saide cc. mar?, . . . .or commeIn alle possible haste personellyoure saide Counsaille, . . . .uPoii the paine abovesaide.' (July,'453,) P. P. C. vi. 143, cf. ib. 330.To require a person to sendmoney by the bearer, or to appearbefore the Council under pain ofbeing 'noted' as a disloyal sub-ject, is surely as arbitrary a proceedingas c<strong>an</strong> well be imagined.That the m<strong>an</strong> had promised tolend the money does not affect theconstitutional question, if the promisewas one which the govern-ment had no right to exact. EdwardIV's fin<strong>an</strong>cial measures wereperhaps only a reduction to systemof the hints furnished by his predecessors.' For Beaufort's lo<strong>an</strong>s, seeP. P. C. iv. <strong>an</strong>d v. passim.'e.g. P. P. C.iv.214, vi.106,&c. Cf. notes to Chap. vii.At least a petition of the Commonsthat this might not be donewas refused in 1439 ; Rot. Parl. v.26 b.Chap. v. below. Accordingto De Coussy, c. 42, ed. Buchon,p. 83 b, the poverty of theroyal household was sometimes soextreme, that the king <strong>an</strong>d queenwere in positive w<strong>an</strong>t of a dinner.On one occasion the Treasurerhad to redeem a robe which theking had given to St. Alb<strong>an</strong>'s,because it was the only decent onewhich he possessed ; Whetham-stede, i. 323. That this povertywas one great cause of the unpopularityof the government ofHenry VI, see Eng. Chron., p. 79.
- Page 1 and 2: OTHER WISE CALLEDThe Difference bet
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sithpn thai had a kynge, wich was G
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that cause and for gret necessite w
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such meane. And yet of necessite th
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and sqviers, and oper, in also gret
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or by lande, pe kyng most encomptre
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grettest lordes off Englond, rose a
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as hynl liste. And by discente per
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haue wherwith to bie hem bowes, arr
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Ther is no man hanged in Scotlande
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e kyng be counsellyd to restrayne g
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pe Romans, but also is hyghnes shal
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muned and del~bered with his fforsa
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CRITICAL NOTES.CHAPTER I.P. 109. 1.
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Bfbe bobernance of QEnfiian'tr,CHAP
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1. 24. parcial] parcialite L (from
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for granting taxes was the same as
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moral philosophy, but consists of a
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are brought about by the sin of man
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note$+ QLbap. ii,regendo: non autem
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note$+ CCbap, ii,up in the most une
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Later statutes fixed the limit of l
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&be bobernanre of QEngIanD*applied
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of the household of George Duke of
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RgidiusRumanus.. . . homines sibi s
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note see Janet, i. 35 1-373, 396,42
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'Ordinaryand extraordinaryexpenditu
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p----p---3723ESTIMATED EXPENDITURE.
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pestifera.' Very possibly Fortescue
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i the clerkys off theschekquer.] Be
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eciting how 'the seid Duc . . . lat
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was defined by Parliament in 4 Edwa
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punish ' piratas et spoliatores mer
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marchandyse is lost, . . . the see
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Transition pensiononmg, as it was d
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@Lbap+ bii,commiscomissioners in gr
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ap1-0,Bterc,cjzt4IjAnd on the other
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Charleshlartel.Fall of theCarolingi
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the Abbey of S. Albons' (July: Past
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York, married Constance and Isabell
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Taxon France, ii. 526, 533-4, 547,
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499 b). And no less than ~o,ooo mar
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which was probably in Fortescue's m
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holders of such grants are however
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286 Cbe Booernance of Qngianb.exter
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teristic of the Lancastrian times,
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such a contenuall counsell.] ' The
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character which the council might p
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which can not counsele hym' (Append
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306 &be bobernance of QEnglanD.'whe
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Sicque horum mediis concessit tande
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Ebe bobernance of QEngland.qualific
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Controlof the exchanges.Jealousyof
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during good behaviour. The Master o
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Cbe Qiobernance of QEngIand,says: '
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should be Justice, Chamberlain, Cha
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Offices per- system of executing of
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Defined by (e.g. Rot. Parl. v. 2 73
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have been detailed in the notes to
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of Sir Harris Nicolas there). This
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iiij. lordis temporelx, or in lasse
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y a pretensed title, saying he ys d
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'every broker, brogger, andhuckster
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suffre, suffer, 152. 14 ; soeffre,
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Cade, rising of, pp. 11, 284; hisco
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~ .-.~--hopes entertained of him, p
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Franchise, question of, in medizval
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Loans raised by the government,pp.
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Pisa, Council of, p. 243. .Pitt, se