The governance of England: otherwise called The difference between an absolute and a limited monarchy. A rev. text edited with introd., notes, and appendices by Charles Plummer.

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Title
The governance of England: otherwise called The difference between an absolute and a limited monarchy. A rev. text edited with introd., notes, and appendices by Charles Plummer.
Author
Fortescue, John, Sir, 1394?-1476?
Publication
Oxford,: Clarendon Press,
1885.
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Subject terms
Political science
Monarchy
Constitutional law -- Great Britain.
Link to this Item
http://name.umdl.umich.edu/AEW3422.0001.001
Cite this Item
"The governance of England: otherwise called The difference between an absolute and a limited monarchy. A rev. text edited with introd., notes, and appendices by Charles Plummer." In the digital collection Corpus of Middle English Prose and Verse. https://name.umdl.umich.edu/AEW3422.0001.001. University of Michigan Library Digital Collections. Accessed May 7, 2025.

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CHAPTER XV. HOW THE KYNGES COUNSELL MEY BE CHOSEN AND ESTABLESHED.

THE kyngis counsell was wonned to be chosen off grete princes, and off the gretteste lordes off þe lande, both spirituelles and temporellis, and also off oþer men that were in grete auctorite and offices. Wich lordes and officers had nere hande also mony maters off thair owne to be treded in the counsell, as hade þe kynge. Wherthrough, when thai come to gedre, thai were so occupied with thair owne maters, and with the maters off thair kynne, ser|uantes, and tenantes, þat thai entendet but litle, and oþer while no thynge, to þe kynges maters. And also þer were but ffewe maters off the kynges, but yff þe same maters toucheden also þe said coun|sellers, thair cosyns, þer seruantes, tenantes, or such oþer as thai owed ffauor vnto. And what lower man was þer sytinge in þat counsell, þat durste say ayen the openyon off any off the grete lordis? And whi myght not then men make be meanes off cor|rupcion somme off the seruantes and counsellers off somme off the lordes to moue the lordes to par|ciallite, and to make hem also ffauorable and parcial as were the same seruantes, or the parties þat so moved hem? Then couude no mater treted in the counsell be kept prive. Ffor the lordes oftentymes tolde ther owne counsellours and seruantes, that hade suyd to hem ffor tho maters, how thai had sped in ham, and who was ayen ham. How mey

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þe kyng be counsellyd to restrayne gyvinge a wey off his londe, off gyvinge off offices, corodeis, or pencions off abbeyis, by suche grete lordes to oþer menys seruantes, sithyn thay most desire such giftes ffor thaim selff, and thair seruantes? Wich thynges considered, and also mony oþer wech shall be shewid hereaftir, hit is thought gode, that þe kynge had a counsell chosen and estableshed in the fourme that ffolowith, or in some oþer ffourme like þerto. Ffirst, þat ther were chosen xij spirituell men, and xij temporell men, off þe wysest and best disposed men þat can be ffounde in all the parties off this lande; and that thai be sworne to counsell the kynge aftir a ffourme to be devysed ffor þer owthe. And in especiall, þat thai shall take no ffee, nor clothynge, nor no rewardes off any man, except only off þe kynge; like as þe Justices off þe kynges benche, and off þe Common place be sworne, when thai take ther offices. And þat thes xxiiij. be alway counsellers, but yff þer be any defaute ffounde in hem, or þat hit lyst the kynge, be the advise off þe more parte off hem, chaunge any off hem. And þat euery yere be chosen be þe kynge iiij. lordes spirituell, and iiij lordes temporall, to be ffor þat yere off þe same counsell, in like ffourme as þe said xxiiijti shall be. And that thai all haue an hed, or a cheeff to rule þe counsell, on off þe said xxiiijti, and chosen be the kynge, havynge is office at the kynges pleasur; wich mey thanne be callid, Capitalis consiliarius. It shall not be necessarie, þat the xij spirituell men off this covnsell, haue so gret wages as the xij temporall men; be cause thai shull not nede to kepe an houshold in thair contray, while thai ben absent, as the temporell men moste nedes

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doo, ffor thair wyffes and childeren. By wich con|sideracion the spirituell juges in the courte off par|liment off Parys, taken but cc. ffrankes by þe yere, where as þe temporell juges þeroff taken by the yere ccc. ffrankes. The said viij.te lordes also, wich be reason off þer baronyes and estates bith to þe kyng, consiliari nati, and þerfore awghton to counsell hym at all tymes when he woll, nede not to haue gret wages ffor thair attendance to is covnsell, wich shall last but ffor a yere. Ffor temporell men, wich be reason off þer enheritaunce and livelod bith made shyreffes ffor a yere, taken off þe kynge litle, and all most nothyng ffor thair seruice off þat yere. And thoughe þat wages off the said xxiiij.ti coun|sellers seme a newe and a grete charge to þe kynge, yet when hit is considered, how gret wages the grete lordes and other men, wych were off the kynges counsell in tymes passede, toke ffor thair attendance therto, wich maner off counsell was nothynge so behouefull to the kyng and to his reaume as this will be, wich wages shall than forthwarde cesse; þe wages off þe xxiiij.ti counsellours shall apere no gret charge to the kynge. And I can suppose, þat some kynges be ffor this tyme, haue gyven to some on man þat hath serued hym, also moche livelod yerely, as the said wages wyll com to. And if the same wagis be thought to grete charge vnto þe kyng, þe forsaid counsellours mowe be in lesse nowmbre, as to be xvj counsellours off privatis personis, with ij lordes spirituell, and ij lordes temporell; so as then thai be in all but xx.ti persones. Thies counsellors mowe contenually, at soche owres as shal be as|seigned to thaym, comune and delibre vppon the materis of defeculte that ffallen to the kynge; and

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then vppon þe materes off þe pollycye off þe reaume; as how þe goyng owt off þe money may be re|strayned, how bullyon mey be brought in to þe lande, how also plate, juelles, and mony late borne owt, mey be geytun ageyn; off wich right wyse men mowe sone fynde the meanes. And also how þe prises off marchaundise growen in this lande mey be holde vp and encressed, and the prises off mer|chandyses browght in to this lande abatid. How owre nauy mey be mayntened and augmented, and vppon suche oþer poyntes off police, to the grettest profyte and encresse, þat euer come to this lande. How also þe lawes mey be amendet in suche thynges as thay neden reformacion in; wher through þe par|lementes shall mowe do more gode in a moneth to þe mendynge off the lawe, then thai shall mowe do in a yere, yff þe amendynge þeroff be not debatyd, and be such counsell ryped to thair handes. þer mey be off this covnsell, when thai liste come þerto, or þat thai be desired be þe said counsellours, þe grete officers off þe lande, as Chaunceler, tresourer, and prive seell; off wich þe chaunceler, when he is present, mey be presydent, and haue þe suppreme rule off all þe counsell. Also the Juges, the Barones off þe exchequier, þe clerke off the rolles, and suche lordes as þe forsaid counsellours woll desire to be with thaym for materes off gret deficulte, mey be off this counsell when thai be so desyred, and ellis not. All oþer materes wich shall conserne this counsell, as when a Counsellour dyeth, how a new counsellour shall be chosen, how mony owres off the day this counsell shall sytt, when thai shall haue any vaca|sion, how longe any off hem mey be absent, and how he shall haue his leue, with all oþer artycles

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necessarye ffor the demeynynge and rule off this counsell, mowe be conseyued be layser, and putt in a boke, and that boke kept in this counsell as a registir or a ordinarye, howe thai shall doo in euery thynge.

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