te king's testament,
which had conferred the regency on the duke of Gloucester, in exclusion
of his elder brother. But the nature and spirit of these proceedings
will be better understood by a remarkable passage in a roll of a later
parliament; where the house of lords, in answer to a request of
Gloucester that he might know what authority he possessed as protector,
remind him that in the first parliament of the king[437] "ye desired to
have had ye governaunce of yis land; affermyng yat hit belonged unto you
of rygzt, as well by ye mene of your birth as by ye laste wylle of ye
kyng yat was your broyer, whome God assoile; alleggyng for you such
groundes and motyves as it was yought to your discretion made for your
intent; whereupon, the lords spiritual and temporal assembled there in
parliament, among which were there my lordes your uncles, the bishop of
Winchester that now liveth, and the duke of Exeter, and your cousin the
earl of March that be gone to God, and of Warwick, and other in great
number that now live, had great and long deliberation and advice,
searched precedents of the governail of the land in time and case
semblable, when kings of this land have been tender of age, took also
information of the laws of the land, of such persons as be notably
learned therein, and finally found your said desire not caused nor
grounded in precedent, nor in the law of the land; the which the king
that dead is, in his life nor might by his last will nor otherwise
altre, change, nor abroge, without the assent of the three estates, nor
commit or grant to any person governance or rule of this land longer
than he lived; but on that other behalf, the said lords found your said
desire not according with the laws of this land, and against the right
and fredome of the estates of the same land. Howe were it that it be not
thought that any such thing wittingly proceeded of your intent; and
nevertheless to keep peace and tranquillity, and to the intent to ease
and appease you, it was advised and appointed by authority of the king,
assenting the three estates of this land, that ye, in absence of my lord
your brother of Bedford, should be chief of the king's council, and
devised unto you a name different from other counsellors, not the name
of tutor, lieutenant, governor, nor of regent, nor no name that should
import authority of governance of the land, but the name of protector
and defensor, which importeth a personal duty of attendance to