hority. For the king's
ordinary or privy council, which is the usual style from the reign of
Edward I., seems to have been no other than the king's court (curia
regis) of older times, being composed of the same persons, and having,
in a principal degree, the same subjects of deliberation. It consisted
of the chief ministers; as the chancellor, treasurer, lord steward, lord
admiral, lord marshal, the keeper of the privy seal, the chamberlain,
treasurer, and comptroller of the household, the chancellor of the
exchequer, the master of the wardrobe; and of the judges, king's
serjeant, and attorney-general, the master of the rolls, and justices in
eyre, who at that time were not the same as the judges at Westminster.
When all these were called together, it was a full council; but where
the business was of a more contracted nature, those only who were
fittest to advise were summoned; the chancellor and judges for matters
of law; the officers of state for what concerned the revenue or
household.[348]
The business of this council, out of parliament, may be reduced to two
heads; its deliberative office as a council of advice, and its decisive
power of jurisdiction. With respect to the first, it obviously
comprehended all subjects of political deliberation, which were usually
referred to it by the king: this being in fact the administration or
governing council of state, the distinction of a cabinet being
introduced in comparatively modern times. But there were likewise a vast
number of petitions continually presented to the council, upon which
they proceeded no further than to sort, as it were, and forward them by
endorsement to the proper courts, or advise the suitor what remedy he
had to seek. Thus some petitions are answered, "this cannot be done
without a new law;" some were turned over to the regular court, as the
chancery or king's bench; some of greater moment were endorsed to be
heard "before the great council;" some, concerning the king's interest,
were referred to the chancery, or select persons of the council.
The coercive authority exercised by this standing council of the king
was far more important. It may be divided into acts, legislative and
judicial. As for the first, many ordinances were made in council;
sometimes upon request of the commons in parliament, who felt themselves
better qualified to state a grievance than a remedy; sometimes without
any pretence, unless the usage of government, in the infancy of
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