England was a personal monarchy in Tudor times. Men and women were subjects not citizens, and the “state” really meant the “crown.” The seat of government was Westminster Palace (where the king had lived which later became houses of Parliament) – but actually the power was centered around the court, where the king was. The departments of State included: Exchequer, under the rule of Lord Treasurer; Chancery, under Lord Chancellor, also Keeper of the Great Seal of England; Courts of Common Pleas; King’s Bench. The sole function of these officers was to carry out the wishes of the King. There was no security of tenure. Parliament was also at Westminster. At this time this was primarily a debating and advisory body, summoned at pleasure of the King, to enact taxation legislation or to deal with a specific matter (such as the King’s marriage annulment). There were a number of departments in the central government assigned to specific issues, staffed mostly under a system of patronage.

 

The real power of the realm centered on this body. It had been called the King’s council, under Henry VII. This was essentially a cabinet of experts, from 20-70, all personally chosen by the monarch. Attendance at any meetings of the Council varied and important decisions were actually made by only two or three trusty advisors. Henry VIII himself preferred to discuss affairs privately with individual members, but all the work of the Council was done in the King’s name and its influence increased during Henry’s reign. The foremost members were Lord Treasurer, Lord Chancellor, Lord Chamberlain, Lord Steward, and Lord High Admiral. Next in importance were Chancellor of the Exchequer, Lord Warden of the Cinque Ports, and Archbishop of Canterbury.

There was also the Court of Star Chambers, through which Council exercised legal powers. The Privy Council members included aristocrats, clerics, household officers, and professional lawyers. There was a strong ecclesiastical presence on the Council until late in Henry’s reign. These were typical career churchmen who had neglected their ecclesiastical duties in order to further their political ambitions (Wolsey being the prime example).

 

 The first Lord Chancellor under Henry VIII, before Wolsey, was William Warham, lawyer and Archbishop of Canterbury. He was a humanist and another friend of Erasmus.

By the 16^th century a complex system of law existed in England and there were several different courts which handled specific types of cases. People at all levels went to the courts frequently, for both civil and ecclesiastical issues. One important body, the Court of Chancery had evolved from the practice of litigants, who were disappointed with the inflexible court of common law, to turn to the king and his council with petitions for justice. These were referred to the Lord Chancellor who had begun to build up a series of equitable remedies and operational policies. He had wide powers to do justice as he saw fit.

 

Lawyers were in great demand. There were no specific qualifications for the profession; some were trained by apprenticeship. Many sons of the landed gentry became lawyers and many came to one of the so-called Inns of Court, of which there were four.

Punishments for crimes remained harsh throughout the 16^th century. Treasonous charges became numerous under Henry VIII for a variety of reasons, especially at the end of his reign. The Tower of London was where traitors were traditionally held. They were often given allowances for food, wood, books, etc. Some were even allowed to walk outside the grounds or were granted conjugal visits.