arl of Cornwall, though nearest prince of the
blood, was not supposed to enjoy any superior title to the regency,
wherein he was associated with two other persons. But while the crown
itself was hardly acknowledged to be unquestionably hereditary, it would
be strange if any notion of such a right to the regency had been
entertained. 3. At the accession of Edward III., then fourteen years
old, the parliament, which was immediately summoned, nominated four
bishops, four earls, and six barons as a standing council, at the head
of which the earl of Lancaster seems to have been placed, to advise the
king in all business of government. It was an article in the charge of
treason, or, as it was then styled, of accroaching royal power, against
Mortimer, that he intermeddled in the king's household without the
assent of this council.[432] They may be deemed therefore a sort of
parliamentary regency, though the duration of their functions does not
seem to be defined. 4. The proceedings at the commencement of the next
reign are more worthy of attention. Edward III. dying June 21, 1377, the
keepers of the great seal next day, in absence of the chancellor beyond
sea, gave it into the young king's hands before his council. He
immediately delivered it to the duke of Lancaster, and the duke to Sir
Nicholas Bode for safe custody. Four days afterwards the king in council
delivered the seal to the bishop of St. David's, who affixed it the same
day to divers letters patent.[433] Richard was at this time ten years
and six months old; an age certainly very unfit for the personal
execution of sovereign authority. Yet he was supposed capable of
reigning without the aid of a regency. This might be in virtue of a sort
of magic ascribed by lawyers to the great seal, the possession of which
bars all further inquiry, and renders any government legal. The practice
of modern times requiring the constant exercise of the sign manual has
made a public confession of incapacity necessary in many cases where it
might have been concealed or overlooked in earlier periods of the
constitution. But though no one was invested with the office of regent,
a council of twelve was named by the prelates and peers at the king's
coronation, July 16, 1377, without whose concurrence no public measure
was to be carried into effect. I have mentioned in another place the
modifications introduced from time to time by parliament, which might
itself be deemed a great council of re