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Governing The Realm

Governing The Realm. The Government of Henry VII. Parliament. Acts of Parliament – statue laws – best laws Agreement of lords spiritual, temporal and key commoners Established part of government But not necessary for King to govern Called intermittently, as needed

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Governing The Realm

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  1. Governing The Realm The Government of Henry VII

  2. Parliament • Acts of Parliament – statue laws – best laws • Agreement of lords spiritual, temporal and key commoners • Established part of government • But not necessary for King to govern • Called intermittently, as needed • Primarily to raise extra-ordinary taxation • Also granted customs duties for life • Pass Acts of Attainder • Pass important laws – consent of political classes

  3. The Great Council • Consultative body • All nobles, councillors and burgesses • Representatives of political classes of whole country • Called five times by Henry VII • Between 1487 and 1502

  4. The Privy Council • Advised King on matters of state, administration of law and order • Varied in number and who was present • Whoever was available when necessary • Henry rarely present himself • Loyalty most important attribute for members • Divided into specific councils, or committees as necessary

  5. The Privy Chamber • Established 1495 • After treason involving high ranking member of Henry VII’s Household • Sir William Stanley etc • At heart of Household • Saw king at most private, intimate • Massive potential for influence his decisions • Chamber servants low status • Not members of nobility • Henry VII increasingly withdrew into Privy Chamber

  6. Committees / Councils • Various established to tackle specific issues • Most (in)famous: Council Learned • Established 1495 • Ensure king received all feudal dues and entitlements • Supervised collection of bonds and recognisances • Operated without jury/ chance of appeal

  7. Royal Commissions • Established as necessary to investigate and deal with specific issues • Oyer and Terminer was permanent • Power to hear certain judicial cases • As thought necessary by King • Commission of the Peace • Supplement other courts as necessary • No legal training necessary to be named as part of commission • Though usually had one or two lawyers

  8. JPs • Henry II’s circuits now twice yearly • Meantime JPs dealt with law and order and enforcing King’s will • Important local link between Crown and counties • Chosen by the King • Directly accountable to him • Chosen from second tier of landowners • First Tier: Nobles dukes, earls, lords • Second Tier: Gentry Sir …. • Third Tier: Yeomen Master (Mr)

  9. Star Chamber • 1487: Star Chamber Act • Established tribunal to hear cases against nobility • Especially who broke law against Livery & Maintenance and Retaining • Also complaints against abuses of privilege • In practice met rarely • Died out • But Council Learned in Law lasted • And oversaw punitive measures against leading subjects • Bonds and recognisances

  10. Regional Councils • Council of the North • Governed the north of England • Although most of north governed by council established in midlands • Run by Margaret Beaufort • Council of the Western Marches • Oversaw Welsh borderlands • Western Marches nominally run by Prince Arthur • But Lord Stanley exercised a lot of control there

  11. Chancery & Equity Chancery Equity Equity: king’s right to dispense justice when common law deficient E.g. when defendant very powerful locally E.g. in grey areas between canon and common law • Court at Westminster • Feudal land disputes • Petitions of right • Although King couldn’t be sued, mistakes were acknowledged • Chancery dealt with them and king would make voluntary restitution

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