gency during the first years of
Richard.

[Sidenote: of Henry VI.]

5. The next instance is at the accession of Henry VI. This prince was
but nine months old at his father's death; and whether from a more
evident incapacity for the conduct of government in his case than in
that of Richard II., or from the progress of constitutional principles
in the forty years elapsed since the latter's accession, far more
regularity and deliberation were shown in supplying the defect in the
executive authority. Upon the news arriving that Henry V. was dead,
several lords spiritual and temporal assembled, on account of the
imminent necessity, in order to preserve peace, and provide for the
exercise of officers appertaining to the king. These peers accordingly
issued commissions to judges, sheriffs, escheators, and others, for
various purposes, and writs for a new parliament. This was opened by
commission under the great seal directed to the duke of Gloucester, in
the usual form, and with the king's teste.[434] Some ordinances were
made in this parliament by the duke of Gloucester as commissioner, and
some in the king's name. The acts of the peers who had taken on
themselves the administration, and summoned parliament, were confirmed.
On the twenty-seventh day of its session, it is entered upon the roll
that the king, "considering his tender age, and inability to direct in
person the concerns of his realm, by assent of lords and commons,
appoints the duke of Bedford, or, in his absence beyond sea, the duke of
Gloucester, to be protector and defender of the kingdom and English
church, and the king's chief counsellor." Letters patent were made out
to this effect, the appointment being however expressly during the
king's pleasure. Sixteen councillors were named in parliament to assist
the protector in his administration; and their concurrence was made
necessary to the removal and appointment of officers, except some
inferior patronage specifically reserved to the protector. In all
important business that should pass by order of council, the whole, or
major part, were to be present; "but if it were such matter that the
king hath been accustomed to be counselled of, that then the said lords
proceed not therein without the advice of my lords of Bedford or
Gloucester."[435] A few more councillors were added by the next
parliament, and divers regulations established for their
observance.[436]

This arrangement was in contravention of the la