Governing The Realm

The Government of Henry VII

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

PARLIAMENT

Consultative body

All nobles, councillors and burgesses

Representatives of political classes of whole country

Called five times by Henry VII Between 1487 and 1502

THE GREAT 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

THE PRIVY COUNCIL

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

THE PRIVY CHAMBER

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

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

ROYAL COMMISSIONS

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)

JPS

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

STAR CHAMBER

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

REGIONAL COUNCILS

CHANCERY & EQUITY

Chancery

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

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