.

Sir Francis Palgrave maintains that the council never intermitted its
authority, but on the contrary "it continually assumed more consistency
and order. It is probable that the long absences of Henry V. from
England invested this body with a greater degree of importance. After
every minority and after every appointment of a select or extraordinary
council by authority of the legislature, we find that the ordinary
council acquired a fresh impulse and further powers. Hence the next
reign constitutes a new era" (p. 80). He proceeds to give the same
passage which I have quoted from Rot. Parl. 8 Hen. VI., vol. v. p. 343,
as well as one in an earlier parliament (2 Hen. VI. p. 28). But I had
neglected to state the whole case where I mention the articles settled
in parliament for the regulation of the council. In the first place,
this was not the king's ordinary council, but one specially appointed by
the lords in parliament for the government of the realm during his
minority. They consisted of certain lords spiritual and temporal, the
chancellor, the treasurer, and a few commoners. These commissioners
delivered a schedule of provisions "for the good and the governance of
the land, which the lords that be of the king's council desireth" (p.
28). It does not explicitly appear that the commons assented to these
provisions; but it may be presumed, at least in a legal sense, by their
being present and by the schedule being delivered into parliament,
"baillez en meme le parlement." But in the 8 Hen. VI., where the same
provision as to the jurisdiction of this extraordinary council is
repeated, the articles are said, after being approved by the lords
spiritual and temporal, to have been read "coram domino rege in eodem
parliamento, in presentia trium regni statuum" (p. 343). It is always
held that what is expressly declared to be done in presence of all the
estates is an act of parliament.

We find, therefore, a recognition of the principle which had always been
alleged in defence of the ordinary council in this parliamentary
confirmation--the principle that breaches of the law, which the law
could not, through the weakness of its ministers, or corruption, or
partiality, sufficiently repress, must be reserved for the strong arm of
royal authority. "Thus," says Sir Francis Palgrave, "did the council
settle and define its principles and practice. A new tribunal was
erected, and one which obtained a virtual supremacy over the common