Page:American Historical Review, Volume 12.djvu/14

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4 J. F. Baldiviii second year there were similarly chosen two bishops, two earls, two bannerets, and two knights.' In the tenth year, which is the next time that a complete list is certain, appointments were made of two archbishops, two bishops, an abbot, two dukes, an earl, a baron, and two knights.^ In the Parliamentary councils, therefore, there was a signal elimination of the minor men, such as are in considerable numbers found attached to the council in the previous period. Another question of membership determined at this time was in regard to the barons of the exchequer, the justices of either bench, and the serjeants-at-law. As to their standing in the council, heretofore it is uncertain whether they are to be counted as ex ofhcio members or not. But in the first year of Richard II. a petition of the commons asked that Magna Charta be confirmed, and that if any point be obscure it should be declared " by those who shall be ordained to be of the continual council, with the ad- vice of all the justices and Serjeants and other such men, whom they shall see fit to summon ".■* Henceforth the relation to the council of these men as advisors or assessors, who were summoned when points of law were in question, is sufficiently clear.^ 3. It was furthermore the evident plan of Parliament that the councillors should be appointed annually and with constant change. This plan Parliament was persistent enough to carry out continu- ously for the first three years. In the instance of the first council, which was inaugurated July 17, 1377, and which was reconstituted in the following October, the term of service was until October 30 of the second year, as is shown by the wage accounts of one of the members. On the election of this council it was resolved that none should be re-eligible for two years. '^ This requirement was ob- served, for in the second year at Gloucester an entirely dififerent group was selected. Their tenure was from November 26 of the second year until December 3 of the third year.^ Dissatisfied with the work of this body, the commons then demanded that the king dismiss the lords of the council without filling their places.* At all events, for several years the plan of annual elections in Parlia- ment was permitted to lapse. From 1379 until 1386, then, while ' hifra, in connection with the subject of wages. 2 Calendar of Patent Rolls, 10 Ric. II., 244. ^Rot. Pari., III. 15.

  • Nicolas. Proceedings of the Privy Council,^ I. 80, 191; III. 151, 313. etc.

They might be considered as belonging to the consilium ordinarium. but the dis- tinction between the privy council and the ordinary council was not as yet made. 5 The accounts of Hugh de Segrave, Accounts Exchequer, K. R. 96/14. ^Rot. Pari., III. 6. ' See wage list, infra. 8 The commons requested that the king retain for his council only the five great officers, then to be chosen, declaring that at his accession he had no other councillors. Rot. Pari., III. 73.