VOL. VII. No.3.] LONDON, SATURDAY, JANUARY 19, 1805. [PRIC OD. "It must be remembered, that, since the revolution, until the period we are speaking of, the influence "of the Crown had been always employed in supporting the Ministers of State, and in carrying on the "public business according to their opinions. But the party now in question is formed upon a very different idea. It is to intercept the favour, protection, and confidence of the Crown, in the passage to its Minis"ters; it is to come between them and their importance in parliament; it is to separate them from all their "natural and acquired dependencies; it is intended as the control, not the support, of administration. The "machinery of this system is perplexed in its movements, and false in its principle. It is formed on a supe "position, that the King is something external to his government; and that he may be honoured and ag"grandized, even by its debility and disgrace. The plan proceeds expressly on the idea of enfeebling the regular executive power. It proceeds on the idea of weakening the State, in order to strengthen the Court. "The scheme depending entirely on distrust, on disconnexion, on mutability by principle, on systematic weakness in every particular member; it is impossible that the total result should be substantial strength "of any kind."-BURKE'S Thoughts on the Cause of the present Discontents. 05] INCAPACITY OF HENRY THE SIXTH. LETTER VII. [The reader is desired to compare the facts stated in the following letter with those (relating to the same matters) which he will find in the several histories of the times and events here spoken of; because, as the subject is of great constitutional importance, it is material that we should yield to the writer that superiority, in point of accuracy, which, upon examination, he will, I am persuaded, be found fully entitled to.-EDITOR.] SIR,-No sooner was the Parliament thus made complete in all its branches for the dispatch of business, than there appeared evident sigus of a formidable opposition to the claims the Duke of Gloucester. The leader was the Bishop of Winchester. This prelate was ambitious; a master of political intrigue; though haughty in his nature, yet plausible and popular in his demeanour. When his aspiring views, which looked to the highest rank in the Roman Church, suffered some check from Henry the Fifth, he seems only to have turned his thoughts more attentively to the means of acquiring influence in the state at home. He employed his vast wealth, not in magnificent foundations of piety and charity according to the notions of that age, but in liberal loans for the public service, by which he recommended himself to the King, whose military plans he thus facilitated, and won the favour of the people, the pressure of whose burthens he in some measure suspended. He seems particularly to have aimed at cultivating an interest in Parliament, partly, perhaps, from observing with the eye of a statesman, the growing authority of that body, and partly perhaps, induced (1) by the peculiar circum (1) This situation of the family of the Beauforts had more influence on the parties of this reign, and especially in the deadly feud between them and the House of York, than [66 stances in which his family stood. Though now generally classed with the Princes of the Blood, and next to the Duke of Bedford and Gloucester, yet they were excluded from, the eventual succession to the Crown. The. offspring of John of Gaunt by Catherine Swinford before marriage, they had only been legitimated by statute, with the express reservation of the royal dignity which they. were declared still incapable of inheriting. The authority, however, which made, might, repeal the exception, if the occasion pre sented itself; and both the uncles of the infant King being without issue, the prospect did not appear too distant to be kept in view. They naturally endeavoured, therefore, to preserve a good understanding with Parlia ment. The Bishop of Winchester, connected, as he was, easily obtained an ascendancy among the spiritual-peers, who, from the ab sence of so many of the great lay-barons abroad, then actually formed (2) two-thirds of the House; and at the head of the few lords who now returned, was the Duke of Exeter, the younger brother of that prelate, a nobleman, who having been educated for the Church in Italy, was eminent for learning, but betaking himse'f to a military life, had borne an illustrious share in the most brilliant exploits of the war in France, and flourished in the esteem and affection of the (3) Parliament and the nation. On the our historians have noticed. I shall hereafter have occasion to mark the jealousy, which the Commons felt in this reign of their title to the Crown being set up in the person of Margaret, whose son afterwards did actually ascend the throne by the name of Henry the VIIth., (2) Compare the list in the summons published by Dugdale, with the known number of the bishops, mitred abbots, and priors. (3) When Henry the Vth. after the battle of Agincourt created him Duke of Exe other hand, they whose honest purpose was only that of improving the present opportunity to establish the supremacy of Parliament, were rejoiced, to find leaders of such weight as the Princes of the House of Beaufort, concurring from whatever motives in the same design. The first step was taken by the lords who had met in the sort of council already mentioned. They lost no time in applying for á (4) confirmation of all the acts done in consequence of their advice. The very ap plication supposed that there was no autho rity but in Parliament, capable of sanctioning what had passed; and the justification of their conduct was rested solely on the existence of an imminent and overruling ne cessity. (5) The Bishops of Durham and London followed, who respectively stated their surrender of the great seals entrusted to their keeping, and desired a formal discharge from Parliament. The Commons now appeared on the stage. They sent a mes.ge reminding the Duke of Gloucester that the three great offices under the crown were vacant (6), and praying him, that with the advice of the lords spiritual and temporal, he would inform them, whom it pleased the King to name for his Chancellor, his Treasurer, and Keeper of the Privy Seal. This gave rise to considerable debate; but in the end the old officers were re-in. stated, and their appointments ordered by ter, and proposed to Parliament to settle on him 10001. a year, payable at the Exchequer, and 401. a year from the Customs at Exeter, the lords said, no objection could be made, but only that it was not adequate to his merits and services. (4) Rolls 1 H. VI. No. 12. (5) lb. No. 13 and 14. In No 13 as also in No. 12, the meetings at Windsor and Westminster on the 28th and 30th of September are said to have taken place as soon as the King's death was known for certain; per veridicos nuncios intellecta. But we find from a petition of John Foster, Clerk (Rolls Vol. IV. p. 194) that the first intelligence reached Biggleswade on the 10th, and of. course London on the 9th of September. The regular official accounts, therefore, seem to have been kept back, probably for some political purpose. The critical situation of France was the most likely cause. (6) Ib. No. 16. The new patents are dated on the 16th of November. The entry does not describe the Duke of Gloucester by any other designation. All the petitions of the Commons are addressed to him as the King's Commituner, 4 the House to be made out. The Bishop of Winchester and the Duke of Exeter, with two other spiritual and three temporal peers, were chosen to communicate the result to the Commons, who expressed their satisfaction at the intelligence. Though every one of these transactions in some degree prejudged the claims of Humphrey to the government of the country, yet he was not deterred from (7) bringing them distinctly to is ue. He urged his right on two separate grounds: the first that of his d ceased brother's will; the second, that of his proximity in blood to the King. Whatever were the impressions of the lords in favour of their own privileges against his pretensions, they entertained the question with a solemnity suitable to its importance: They heard with attention whatever could be advanced in support of the demand. A search for precedents was instituted. The opinions of the judges were taken. The whole was then made the subject of great and long deliberation. But it was finally determined, that the claim had no foundation either in precedent or the law of the land. On the first point it was resolved, that the deceased king had no power during his life, by his last will, or otherwise, to alter, change, or abridge the law, without the assent of the three Estates; and that, consistently with the law, he could not commit or grant the government of the country to any person longer than be himself lived. On the second point, the lords declared, that they found the desire of the Duke of Gloucester not to accord with the law, and to be repugnant to the rights and liberties of Parliament, though they readily acquitted him of any intention to their prejudice. The great difficulty still remained of setthing a proper form of government during the King's minority. And here nothing could be effected without the concurrence of Humphrey, who held all the power of the Crown in Parliament; a power frequently exercised at that period in the gentle mode of dissent which our constitution prescribes. Looking, therefore, to the possibility of the (7) These interesting proceedings unfor tunately were not entered on the roll, possiblythrough the management of the Duke of Gloucester. But we have a short recital of them by the lords, in the 6th year of Henry the VIth (Rolls No. 25) from which the above is taken. That recital having been omitted by Cotton in abridging the entry, it has hitherto escaped the notice of our historians, though the only account which we have. THREET royal negative being put on such a plan as they might propose, or even of an angry in terruption of their sitting by a prorogation or dissolution, the Houses passed (8) a bill which lodged an extraordinary trust in the lords of the King's council to determine according to their discretion upon the matter of all the petitions, as well from the Commons as from others, which might remain unanswered at the close of the session: and the King's commissioner, willing to show that if any jealousy was entertained of him in that respect, it was unfounded, gave his ready assent to the measure. He then acquiesced in taking (9) parliamentary confir. mations of his two offices of Great Cham berlain of England and constable of the Castle of Gloucester, to hold then from the death of the late king, as he held them before by his grant. With these and the chief place at the council-board the lords seem to have hoped and expected, that he might have been satisfied; but he continued, notwithstanding, to insist, that whatever form of government should be thought most expedient, he should have a distinct and leading situation at the head of it. He finally prevailed; and a (10) new office of pre-eminent dignity was created by the style of "Protector and Defender of the Realm and "Church of England," to which was also annexed the Presidency of the King's Council and both were together conferred in the strictest manner according to proximity of blood, on the Duke of Bedford, whenever he should be upon the spot, and during his absence, on the Duke of Gloucester. The title was, nevertheless, devised with particular caution and circumspection. The better (3) Rolls, 1 H. VI. No. 21. (9) Ib. Nos. 22 and 23. (10) Ib. No. 24. Hume, not knowing the real nature of the office of Guardian of the Realin, which was only conferred during the absence of the King abroad, and which gave a right to attest in his own name the royal will and pleasure, and hold parliaments without any other commission, gives it here as synonimous with " Protector," an officer who was substituted only for a King present, but incapable of acting for himself, who attested no royal instrument in his own name, and had no power in parlia ment without a special commission for that purpose. This confusion in the historian is the more unpardonable, because when young, Henry was absent in France, at the time of his coronation there, in the ninth year of his reigu, the Duke of Gloucester was made" Guardian," and not “ Pro แ known appellations of (11) Tutor, Lieutenant, Governor, Regent, and every other name which might be supposed to imply any authority of government in the country, were all on principle rejected; and that of Protector and Defender adopted, because it was thought to import only a personal duty of attendance to the actual defence of the kingdom, as well against enemies from without, as rebels from within. To give efficacy and splendor to his situation, a portion of the Royal Patronage was settled exclusively upon him. In every case of vacancy, he was to have the sole nomination of all the (12) Forresters, Parkers, and Keepers of tector," and as "Guardian," besides issuing many instruments, actually held one parlia ment. The patent of the new office of Protector bears date on the 5th of December, which was, as the entry on the rolls expresses it, the 27th day of the parliament. (11) Though, I trust, the reader will give me credit for the greatest fidelity in my narrative throughout, yet I think it right to add here the words of the record itself. as they strongly mark the spirit of the whole proceeding. "We devised unto you," (say the Lords, 6 H. VI. No. 25.) a name "different from other counseillers, nought "the name of Tutor, Lieutenant-Governour, nor of Regent, nor no name that shuld "emporte auctorite of governance of the lond, but the name of Protectour and 68 Defensour, the which 'emporteth a per"sonell duetee of entendance to the ac"tuell defense of the land, as well agenst "yenemies utward, yf cas required, as 66 agenst rebelles inward, yf any were, that "God forbede !"-The second title which is here expressed to be " Defensour," in some other parts of the records is" Defendour, and Defender." I have preferred the latter, as more modern and familiar to us from one of his Majesty's present titles. (12) This act is to be found Ib. No. 25, How important the patronage of the Forests, Parks, and Warrens, was to the discharge of the military duties of the Protectorate, may be learned from Sir J. Fortescue, who in his Treatise on the difference between an Absolute and Limited Monarchy, (cap. 17) tells us, "Sum Forester of the Kyngs, that hath none other lyvelood, may "bring moo men to the feld wel arrayed, "and namely for schoting, thin may sum "" knight, or sum esquier of right grete live"lood, dwelling by him, and having non "office. What than” (adds he) “ may grete "officers do?"- -But the latter patronage was in the council. Warrens belonging to the Crown through-five articles were settled and sent down to out England and Wales; and the right of the Commons, by whom they were returned presentation to all benefices in the King's with a slight amendment. By virtue of these gift, above the annual value of twenty provisions the members of the council were marks, including the prebends and canonries again declared to have the appointment of of the Royal Chapels. Yet the very officers, justices of the peace, sheriffs, and escheators, whom he had once appointed under this customers, controllers, weighers and search. act, were instantly made independent of ers, and all other such officers, except those him; for they could only be removed by the who were to be appointed by the Protector, council: and the council was to bestow all the Bishop of Winchester, or others under the higher offices, even in the department special acts of Parliament or former grants of the forests, and all other offices which of the Crown: all wardships, marriages, and were not specifically granted to the Protec- farms were to be at their disposal to make tor, to a (13) very considerable number. In the most for the advantage of the public, that body also, was particularly vested the without favour, partiality, or collusion: promotion to the deanries of the Royal Cha- none of their acts were to be valid, unless pels, and all other ecclesiastical benefices six, or at least four, besides the officers of which were not there specified as in the gift the council, were present; on all important of the Protector, or did not by custom belong questions the whole council, or at least, a to the Chancellor, or Lord Treasurer. With majority of the whole, was required to at these powers, and under these limitations, tend; and wherever the matter was such Humphrey consented to take upon himself that, according to the established usage, the the execution of this new office; but he pro- King ought to be consulted, no proceeding tested, that his acceptance of it should not be was to be had without the advice of the of prejudice to the right of his brother. Protector : the Lord Treasurer and the Chamberlains of the Exchequer were to have each a key to the King's receipt: but they were to be under oath not to make any per son but the members of the council privy to the knowledge of the sum there deposited: finally, the clerks of the council were to be sworn daily to take down the names of the members who were present, and faithfully to enter all their acts and orders, that it might be seen," what, how, and by whom "any thing passed." Though the Privy Councillors in the former reigns had received salaries according to their respective ranks, and the Bishop of Winchester himself had been so paid, yet the wary prelate and his colleagues made a shew of disinterestedness, which could not but be highly popular, by professing to devote themselves to the public without any reward for their trouble. But The Commons now interposed to desire that the council might be forthwith formed. Sixteen peers, therefore, were named as assistants to the Protector. Besides the Duke of Exeter, there were five ecclesiastics, including the Bishop of Winchester, five earls and five.barons, The choice was undoubtedly good. They were the persons of principal note in their several ranks. For the better regulation of their proceedings (14) (13) We have in general but a very imperfect notion of the extent of the influence of the Crown in those days. "For soth," (says Sir J. Fortescue, in the same chapter) it is not lightly estemable, what might the "King may have of his officers, yf every "of them had but one office, and served "non other man but the Kyng. Now it is "easye to be esteemed how many men may "be rewarded with office, and how gretely, "yf they be dyscretely gevyn. The Kyng geryth moo than a thousand offices, besyds "thoos that my Lord Prince gevith." England and Wales together, the Council must have had the disposal of nearly a thousand, and all the most valuable in the number. -In (14) Ib. No. 27 to No. 33 inclusive, It is remarkable that the articles were sent down to the Commons in English, but the amendment sent up from the Commons was in Norman French, the formal language of legislation. Most of the other regulations made in or respecting the Council were In Engl's. Perhaps that language was pre ferred with a view to popularity. There are two striking exceptions: one is an or der of the Council to confer different salaries on their own members according to their respective ranks (2 H. VI. Rolls, Vol. V. cap. 404) and this entry is partly in La tin, and partly in Norman French; the other is an instrument first giving power to the Earl of Warwick, the King's Governor (6 H. VI. Ib. p. 411) to inflict corporal chastisement on his pupil at his own discre tion, and this is in Norman French. Nei ther of these subjects were likely to be very popular. It was probably thought that on these occasions it might be as well to use languages not generally understood. that it was only a shew, they subsequently [ discovered, when their immediate object was answered; since,(15) almost two years after, they not only voted to themselves the old salaries of Privy Councillors, but computed them retrospectively, from the day when they were originally chosen in this parliament. On the other hand, the Protector could not wait to play so fine a game. Without a salary, he was totally unable to maintain the necessary state and consequence of his office; and, as there was no precedent, he could only measure the magnitude of the allowance by his own notions of the eminence of his situation. He therefore early granted to himself, with the consent of the Board, an(16) annuity of 8000 marks; a sum equivalent to double the present appointments of a Lord Lieutenant of Ireland. And this, with a tacit reference to his own claim of right, he asked and obtained from the date of his royal brother's death. It was regarded with dissatisfaction by the nation as excessive, and, (17) from time to time, suffered various reductions. (15) The entry is in the Rolls, Vol. V Appendix, p. 404. It is dated on the 10th of July, in the second year of Henry the Sixth, or A. D. 1424. The King's reign began on the 31st of August, and the salaries were to be reckoned from the 9th of December, in the first year of Henry VI, or, A, D. 1422. The highest salary, was 300 marks, the lowest 40 pounds a year. From Rymer, Vol. X. p. 360, it appears, that the act did not finally pass the Council till the 1st September, 1424. (16) The parliamentary historians say, that it was settled so in Parliament. But there is no trace of it. The writ of Privy Seal granting it is in Rymer, Vol. X. p. 208. It purports to be done by advice of the King's Council. The date is the 27th of February. 1 H. VI. or, A. D. 1422-3. An endorsement upon it states the " present copy" to have been read on the 2d of March, in Council, and Letters Patent to have been ordered accordingly. In the Latin of that age, "copia" usually meant a fair draft, or a duplicate, and not what we commonly call a" copy." It is hardly applicable in any sense to the actual, single, perfect instrument under seal. It was probably a draft submitted in that shape for consideration, by the Duke of Gloucester. There is no where any reference to any former entry, under which it was prepared. The Keeper of the Privy Seal was present, and signed the endorsed order. He might then also seal the writ. (17) The Duke of Bedford (11 and 12 Our historians in general say, that the charge of the young king's person, and the care of his education, were committed by this Parliament to the Bishop of Winchester and Duke of Exeter; and Hume has assigned as a reason, that they were peculiarly qualified for this trust, because they were themselves for ever excluded from the throne. But there is no trace of the fact, much less of the reason, in any authentic record. The dying father, indeed, when he wished to divide the government of his dominions between his two brothers, is represented as having destined his two uncles to be the tutors and preceptors to his son, as soon as he should be of age to benefit by their instructions; and certainly the Royal Family could not have supplied two other persons so well qualified by their learning for the trust. They were, however, too prudent to betray such an ambition, as would have been manifested by a premature desire to anticipate the name of an office, which could then have no real existence, and to lend, in their own case, an appearance of. that confirmation to the will of the deceased King, which they opposed in the instance of the Duke of Gloucester. It seems to me evident from the (18) articles which three H. VI) says," it was otherwhile the somme "of 8000 marcs, otherwhile 6000 mares, "otherwhile 5000 marcs, and otherwhile "4000 marcs yerly." He himself consented to take only 2000 marks, as Chief of the Council, the Protectorate having then ceased. See Rolls, Vol. IV. p. 424. (18) The 2d and 3d articles are those to which I allude, and especially the second. It is in substance-That the Lord Bishop of Winchester, without the advice and consent of the Lord Duke of Gloucester, or of his Majesty's Privy Council, contrived and purposed to lay hands on his Majesty's person, and to have removed him from Elham, the place where he then was, to Windsor ther: to put him under the government of such persons as be pleased. To this the Bishop onswered, That he never could pronon himself any advantage by removing the 12 or taking him into bis custody or charge. did be ever intend to meddle with any t about the King's persm, without the of the Privy Council. The answer t 3d article also, would probably have 1. tioned it, if the Bishop had the charge o King's person; and if his brother, the L of Exeter, had been joined with bon must have been named on the one ste the other, in these proceedings. would also have probably been some cred ments shewing the salary allowed for t |