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YALE UNIVERSITY
LIBRARY

THE

LIVES OF
THE LORD CHAIN^CELLORS
AND
KEEPERS OF THE GREAT SEAL
OF
ENGLAND,
FJiOM THE EARLIEST TIMES TILL THE BEIGN OF
KING GEOEGE IV.

JOHN LORD CAMPBELL, A.M. F.R.S.E.

FIRST SERIES, TO THE REVOLUTION OF 1688.
IN THREE VOLUMES.
VOL. I.

SECOND EDITION.

LONDON:
JOHN MURRAY, ALBIiMARLE STREET.

1846.

f

m M

London ;
Printed by A. Spottiswoode,
New-Street-Sijuare.

THE HONOURABLE
WILLIAM FREDERICK CAMPBELL.

My dear Son,
As you are not to inherit from me great posses
sions, or a name illustrated by long official career,
I inscribe this work to you, in the hope that it may
prove to you a lesson of true labour.
I have hitherto had much reason to rejoice in the
progress of your studies; and when you return from
viewing foreiga cities and manners, I shall hope to
see you struggling to confer benefits on your country,
while you lay the foundation of a lasting reputation for
yourself. Thus I shall be more gratified than by
any power or distinction I myself could have ac
quired, and you will render contented and happy the
declining years of —
* Your ever aifectionate Father,
CAMPBELL.

PREFACE

THE SECOND EDITION.

In presenting to the public a Second Edition of my First
Series of the " Lives of the Lokd Chancellors op
England," I would rather expose myself to the imputation
of vanity than of ingratitude ; and I must therefore express
my warm thanks for the favour with which the book has
been received. I may truly say, that within a few weeks
after Its publication " It was on every table, and almost on
every toilette." Though founded on historical records, and
having solid Instruction for its object, it has been as generally
read as popular works of fiction, aiming at nothing, beyond
amusement. I must especially return my thanks for the kind manner In
which, without regard to politics, the book has been treated
In pealodical publications — quarterly, monthly, weekly, and
dally. Gentlemen who have written these criticisms have
done ample justice to any merits which they discovered, and
haye forborne to dwell upon mistakes which could not have
escaped them.
This edition will be found not only more correct, but
enriched with several Interesting documents which have re
cently been communicated to me, — particularly a congratu
latory Epistle to John de Langton on his appointment as
Chancellor by Edward I. ; Richard III.'s Letter to Lord
Chancellor John Russell respecting the marriage of the
A 3

vi tEEFACE TO THE SECOND EDITION.
Sohcltor General with Jane Shore ; a letter to negotiate a
marriage between the daughter of Lord Chancellor Audley
and the son of Sir Anthony Denny ; the courtship of young
Edward TrafFord and Margaret Boothe under the decree of
Lord Keeper Sir Nicholas Bacon ; Lord Chancellor Hatton's
address to the Bar on a call of Serjeants ; Lord Ellesmere's
decree to punish the prolixity of an equity draughtsman ;
two letters of Lord Keeper Williams, and a very curious
letter to Jeffireys when Recorder of London, showing the
detestation In which he was held even in that period of his
career. I earnestly implore that errors and omissions may
still be pointed out to me.
I have made considerable progress with my second
Series; and I trust that Volumes IV. and V. will be pub
lished bsfore the end of the present year. These will bring
down the Chancellors to the death of Lord Thurlow. A
supplemental Volume, including Lord Loughborough, Lord
Ersklne, and Lord El'don, will complete the work. I then
propose (life and health being preserved to me) to proceed
with the " Lives of the Lord Chancellors of
Ireland,"' — among whom are to be found characters as
interesting as any I have yet described, — and whose history,
I think, may be made to shed a new light upon the connection
between the two countries.
Stratlieden House,
April 22. 1846.

PEEFACE
TO
THE FIRST EDITION.

When suddenly freed, in the autumn of 1841, from pro
fessional and official occupations, I revelled for a while In the
resumption of my classical studies, and in the miscellaneous
perusal of modern authors. By degrees I began to perceive
the want of a definite object : I recollected what Lord Coke
and Lord Bacon say of the debt due from every successful
lawyer to his profession ; and I felt within me a revival of
the aspiration after literary fame, which, In my most busy
days, I was never able entirely to extinguish. Having
amused myself with revising for the press " a Selection of
my Speeches at the Bar and in the House of Commons," 1
resolved to write " The Lives of the Chancellors."
It is for others to judge how this work Is executed, but I
am more and more convinced that the subject is happily
chosen. "Histories," says Lord Bacon, "do rather set
forth liie pomp of business than the true and Inward resorts
thereof. But Lives, if they be well written, propounding
to_ themselves a person to represent, in whom actions both
greater and smaller, public and private, have a commixture,
must of necessity contain a more true, native, and lively re
presentation." * In writing the lives of those who have suc
cessively filled a great office there Is unity of design as well
as variety of character and incident, and there is no office in
the history of any nation that has been filled with such a
long succession of distinguished and interesting men as the
office of Lord Chancellor or Lord Keeper of the Great Seal
of Ensrland. It has existed from the foundation of the
* Advancem&t of Learning.
A 4

PREFACE TO THE FIRST EDITION. ' ¦
monarchy ; and although mediocrity has sometimes been,
the recommendation for it, — generally speaking, the most
eminent men of the age, if not the most virtuous, have been
selected to adorn It. To an English statesman as well as an
English lawyer the narrative ought to be particularly In
structive, for the history of the holders of the Great Seal is
the history of our constitution as well as of our jurisprudence.
There is even a sort of romance belonging to the true tale of
many of .those who are to be delineated, and the strange
vicissitudes of their career are not exceeded by the fictions
of novelists or dramatists.
I foresaw the difficulties that would beset me — some
times from the want, and sometimes from the superfluity of
materials. Struggling with these, I have attempted to present
to the reader a clear and authentic account of all who have
held the Great Seal of England from the earhest times —
adapting the scale of my narrative to the varying Importance
of ,what ,is to be told, and trying as I proceed to give a
glJMjpse of the most important historical events, and of the
manners of the age.
If I, have failed, it will not have been for the want of
generous assistance. I wish to speak with the most heart
felt gratitude of the kindness which I have experienced. I
have been treated like a shipwrecked mariner cast on a
friepdly shore — every one eagerly desirous to comfort and
to .cherish him. In not one single instance since I entered
on the undertaking, when I have applied for assistance,
haye I met with a rebuff; on the contrary, the most eager
and disinterested disposition has been evinced to oblige me.
Such good offices I have to boast of, not less from pohtical
opponents than from political associates, and my thanks are
peculiarly due to many clergymen of the Church of England
to whom I was personally unknown, and who have devoted
much time and trouble In furnishing me with extracts from
parish registers, copies of epitaphs, and other local In
formation.

PREFACE TO THE FIRST EDITION. 1^
I must be allowed publicly to express my thanks by name
to Lord Langdale, for the use of his valuable collection of
Extracts from the Close Roll, respecting the transfer of the
Great Seal ; — to Earl Fortescue, for the pardon under the
Great Seal of his ancestor by Edward IV. ; — to Lord
Francis Egerton, for many original documents of great In
terest relating to Lord Chancellor EUesmere ; — to Lord
Hatherton, for an original mandate under the hand and seal
of his kinsman. Lord Keeper Littleton, for raising money to
carry on the war against the Long Parliament ; — to Mr.
Duffus Hardy, for many Important writs, proclamations, and
letters, never before published, which he has discovered for
me In the Tower of London ; — to Sir Francis Palgrave,
acquainted with the Anglo-Saxon times more familiarly than
most men are with the reign of George III., for the direc
tion which he has given to my Inquiries whenever I have
been at fault ; — to Mr. M'Queen, author of " The Practice
of the House of Lords," for some difficult researches made by
hira on my account into the antiquities of Equity Practice ;
— to Mr. Payne Collier, the learned Editor of Shakspeare,
for various ballads and handbills published at the death of
Lord Chancellor Jeffreys ; — to Mr. Foss, Editor of " The
Grandeur of the Law," who has amassed a noble collection
respecting all English lawyers In all ages, for helping me
out with dates and facts respecting some of the early Chan
cellors ; — to Mr. Spence, of the Chancery Bar, for his
communication to me of a large portion of his materials fox
the Important work in which he Is engaged on the jurisdic
tion of the Court of Chancery ; — to Mr. Parkes, author of
" The History of the Court of Chancery," for the loan of his
large assortment of tracts on English jurisprudence ; — to
Mr. Purton Cooper, Q. C, one of the Record Commissioners,
for several unpublished MS. treatises on the Practice of the
Court of Chancery in early times ; — to Mr. Panlzzl, for
the good-humour and Intelligence which have laid open to me
all the treasures of the British Museum ; — and to my friend

PEEFACE TO THE FIRST EDITION.
and pupil, Mr. David Dumdas, for his assistance in gleaning
materials for some lives that have become obscure, but which
ought to be known to mankind — particularly that of Lord
Chancellor John Russell.
In rapidly travelling through a period of above a thousand
years, I am well aware that I must have committed many
mistakes, and have passed hy, without discovering, much in
teresting matter. I shall receive very thankfully any inform
ation with which I may be favoured, either privately or in
print, to enable me to correct errors and to supply omissions.
I hope that I have shown myself free from any party or sec
tarian bias. The great principles of civil and religious Hberty
I ever wish boldly to avow, and resolutely to maintain ;
but I believe that I have fairly appreciated the acts and
characters of those whose Lives I have had In hand, without
being swayed by the consideration whether they were Roman
Catholics or Protestants — Whigs or Tories. I must request
the candid reader not to judge by any particular expression,
or any particular Life, but by the whole scope and tendency
of the work.
Horace Walpole seeks to deter all who have ever touched
a Great Seal from engaging In such a task, by observlrtg,
after his criticisms on the historical labours of Sir Thomas
More, Lord Bacon, and Lord Clarendon, " It is hoped no
more Chancellors will write our story till they can divest
themselves of that habit of their profession — apologising
for a bad cause."* My object has been uniformly to re
probate violence and fraud, and to hold up integrity and
consistency for applause and imitation.
I regret the length Into which I have been drawn ; but,
after a careful revision, I have found nothing that I could
omit without Injury to my design ; and when due regard is
had to the number of persons whose history was to be nar
rated, and to the multitudinous facts to be introduced, I am
* Historic Doubts.

PEEFACE TO THE FIRST EDITION.
not without hopes that I may receive some little credit for
condensation. It will be seen that this " First Series " comes down to the
Revolution of 1688. I was advised to begin with the Chan
cellors during the eighteenth century, and to travel back, after
the precedent of Hume. Such a plan would have had ad
vantages, the recent Lives being generally considered the
most interesting ; but as I profess to give the history of our
jurisprudence, I thought that I should best succeed by start
ing from Its sources, and following the course which It has
run. I calculate that the work will be completed in two ad
ditional volumes, for which I have already made considerable
preparations, and which. If my life and strength be preserved
to me, I shall ere long lay before the public. Little Inter
ruption to study Is offered by the political business of the
House of Lords, and although I resolve still regularly to attend
the hearing of Appeals and Writs of Error there, and the
meetings of the Judicial Committee of the Privy Council, a
considerable portion of the year Is left entirely under my own
control. That the " Second Series" may be less defective, I
earnestly request the communication of any scarce tracts or
unpublished MSS. which are likely to be of service to me.
If the work should be worthily finished, my ambition is,
that It may amuse the general reader ; that It may afford
some Instruction to those who wish to become well acquainted
with our constitutional history ; and, above all, that it may
excite the young student of the law to emulation and Indus
try, and confirm In his mind the liberal and honourable
maxims which ought ever to govern the conduct of an
EngUsh Barrister.

Stratlieden House,
Nov. 1. 1845.

CONTENTS

THE FIRST VOLUME.

INTRODUCTION.
OF THE ORIGIN, FUNCTIONS, ANn JURISDICTION OF THE OFFICE OF LORD CHANCELLOR
IN ENGLAND.
Etymology of Word " Chancellor," Page 1. Antiquity of the Office in England, 3.
Original Duty of Chancellor to frame Writs, 3. And Royal Grants, 4. Custody
of .Great Seal, 4. Chancellor Keeper of King's Conscience, 4. Chancellor for
merly subordinate OflBcer, without judicial Power, 4. Common-law Jurisdiction
of Chancellor, 5. Equitable Jurisdiction, 7. Objections to Antiquity of
Equitable Jurisdiction, 7. Definition of Equitable Jurisdiction, 8. Extension
of Equitable Jurisdiction of Chancellor, 9. From Inrolments in Chancery
under Recognizance, 9. Fees, &c., 10. Harmony between Common Law and
Equity, 11. Discretion of Chancellor, 11. App,eal from Chancellor as Equity
Judge, 13. Habeas Corpus and Prohibitions, 13. Ne exeat Regno, 13. Juris
diction over Coroners, 13. Criminal Jurisdiction, 14. Bankruptcy, 14.
Lunacy, 14. Chancellor not ex officio Privy Councillor, 16. Speaker of
Lords, 16. Protection and Precedence, 17. Chancellor no Vote or Voice in
Lords unless a Peer, 1 7. Anciently addressed two Houses at Meeting of Parlia
ment, 17. Trial of Peers, and Impeachments, 18. Star Chamber, 18. Chan
cellor appoints Justices of Peace, 19. Patronage, 19. Visitor, 20. Other
Functions, 20. Office of " Keeper of the Great Seal," 20. Lords Commissioners
of Great Seal, 21. Present Title of Lord Chancellor, 22. Mode of Appoint
ment, 22. Tenure of Office, 23. Mode of using Great Seal, 23. Negotiation
of Marriage of Henry VI. under Great Seal, 24. Use of Great Seal by Edward
IV., 25. Times of Tudors and Stuarts, 26. Use of Great Seal since the
Revolution of 1688, 26. Origin of expression of " The Seals," 26. Adoption
of new Great Seal, 27. Care in keeping the Great Seal, 27. Emoluments of
Office, 27. Etiquette, 28. In Parliament, 28. When administering Oaths to
Prince of Wales, 29. To King's younger Son, 29. To Peers in Chancery, 29.
Lord Mayor's Day, 29. Statute respecting Apparel of the Chancellor, 29.
CHAPTER I.
OF THE CHANCELLORS UNDER THE ANGLO-SAXON KINGS.
Merits of the Anglo-Saxons, 30. Augmendus, Chancellor to Ethelbert, 30. St.
Swithin, Chancellor to Egbert and Ethelwulf, 31. Turketel, Chancellor under
Edward the Elder, 33. Athelstan, 34. Battle of Brunenburgh, 34. Edmund
and Edred, 34. Lord Chancellor Turketel becomes a Monk, 35. Adulphus, 35.

XIV CONTENTS. I
Alfric, 35. Office of Chancellor divided between three Abbots, 36. Great Seal'
of Edward the Confessor, 36. Leofric, Chancellor to the Confessor, 37. Reim.;
baldus, 37. Vice- Chancellor Swardu.s, 37. Origin of Masters in Chm).|
eery, 38. i
CHAPTER IL '
OF THE CHANCELLORS FROM THE CONQUEST TO THE REIGN OF HENRY II.
Chancellors under early Norman Reigns, 39. Chancellors of the Conqueror, 41,
Maurice, 41. Made Bishop of London, and resigns Great Seal, 41. Conduct
of Ex-chancellor Maurice on the Death of William Rufus, 42. Osmond, 43.
His Character, 43. His literary Works, 43. Arfastus, 43. Baldrick, 44.
Herman, 44. Welson, 45. W. Giffard, Chancellor under three Reigns, 45,
His Character, 45. Conduct of Giffard on Death of Conqueror,. 46. Chancelloi
to William Rufus, 46. Dismissed, 46. Bloet, Chancellor to William Ruftis, 46,
Death and Character of Bloet, 47. Flambard, 48. Oppressions of Flam-
bard, 48. Plot against Flambard, 49. His Preferments, 49. Committed to the
Tower, SO. Exile and Death of Flambard, 50. Giffard, Chancellor the third
time, .50. Dismissal and Banishment of Giffard, 51. Roger, Bishop of SaliM
bury, Chancellor, 51. His Origin and History, 51. Roger's Rise, 52. His
Conduct as Chancellor, 52. Made Chief Justiciary, 52. Roger's Conduct on.
Settlement of the Crown, 53. Dismissal of Roger, 53. Roger supports UsurpaJ
tion of Stephen, 53. Roger besieged in his Castle, 54. Surrenders, 54. Hffl
Death, 54. His Career described by William of Malmesbury, 54. Othei;
Chancellors of Henry I., 55. Geoffrey Rufus, 56. Bought Office of Chan.
cellor, 56. Ranulphus, S6. Alexander, Chancellor to King Stephen, 57. His
Conduct as Chancellor, 57. Character of Alexander, 58. Roger Pauper, Chan
cellor, 58. Queen Matilda, 59. Fitzgilbert her Chancellor, 59. Other fihan-
cellors of Stephen, 59.
CHAPTER in.
LIFE OF LORD CHANCELLOR THOMAS a BECKET.
His Parentage, 61. Story of his Mother being the Daughter of an Emir, 61. Birth
and Education, 62. Holds Office under Sheriff of London, 63. Patronised by
Theobald, ArchbisKop of Canterbury, 62. Made Archdeacon of Canterbury, 63,
Missions to Rome, 64. Appointed Chancellor, 64. Intimacy with Henry II., 64.
His Duties as Chancellor, 66. Fitzstephen's Account of his Habits, 66. Story
of the King, the Chancellor, and the Beggarman, 67. His Conduct as Chan-j
cellor, 69. Becket Tutor to the Prince, 69. Becket's Embassy to France, 69.
Origin of Soutage, 72. Becket's Military Prowess, 72. Siege of Toulouse, 72.
Single Combat with Engleran de Trie, 73. His judicial Merits, 73. His Views'
and Intentions, 74. Conversation with Prior of Leicester, 75. Death of Arch
bishop Theobald, 75. Objection to Becket's appointment as Archbishop, on
the ground of his being hostile to the Church, 76. Foliot, Bishop of Herefbrtl
Rival of Becket, 76. Becket elected Archbishop of Canterbury, 77. Becket
consecrated Archbishop, 77. Sudden Alteration in Becket's Character an^
Conduct, 78. He resigns the Great Seal, 78. The King and Becket meet anf
quarrel, 79. Struggle between Civil and Ecclesiastical Authority, 80. Con-,
ference between the King and the Prelates, 80. Constitutions of Clarendon, 81,'
Becket swears to Constitutions of Clarendon, 82. Great Council at Northam^
ton, 83. Trial of Becket, 83. Found Guilty, 84. Further Proceedings again*
him, 84. He escapes to the Continent, 85. Becket takes refuge in the Abbejj
of Pontigny, 86. Measures of the King, 86. Becket goes to Rome, 86. Corol
nation of King's son by Archbishop of York against Papal Bull, 87. Interview
between Becket and Henry at Fereitville, 88. Peace of Fereitville, 89. Henry
refuses Becket the Kiss of Peace, 89. Henry breaks his Engageinent,' 90,
Becket resolves on Vengeance, 90. Becket returns to England, 91. Reception

CONTENTS. XV
at Canterbury, 91. Visit to London, 91. Is ordered back to Canterbury, 92.
Excommunicates the three Prelates, 92. Arrival at Canterbury of four Knights
sworn to assassinate Becket, 92. They enter his Presence, 93. Calm and
courageous Conduct of Becket, 94. Assassination of Becket, 94. Horror of
the People, 95. Becket canonised, 95. Quo Warranto by Henry VIII. to
unsaint Efecket, 96. Character of Becket, 97. By his Vituperators, 97. By
his Eulogists, 98. Just Estimate of his Character, 99. Result, 100. Whether
Becket Champion of Saxon Race, 100. Backet's Letters, 100.
CHAPTER IV.
CHANCELLORS FROM THE RESIGNATION OF THOMAS -a BECKET TO THE iJEATH OF
HENRY IL
Obscure Chancellors after Becket, 101. Chaneellor John, 101. Geoffrey Planta-
genet, Chancellor, 102. His Birth and Education, 102. A Bishop, 102. His
Military Exploits, 102. Receives Great Seal, 103. His Conduct as Chancellor,
103. His filial Piety, 104. State of Law during Reign of Henry II., 105.
CHAPTER V.
CHANCELLORS DURING THE REIGN OF RICHARD Jl.
Geoffrey made Archbishop of York, 106. Longchamp, Chancellor, 106. Rich
ard I. sails for the Holy Land, 107. Longchamp imprisons the Bishop of
Durham, 107. His Tyranny, 107. His Rapacity, 108. Prince John takes arms
against him, 109. Geoffrey, the Ex -chancellor, invades England, 109. Geoffrey
defeated and imprisoned, 109. Combination of the Nobles against Longchamp,
110. Saxon Inhabitants of London called in to assist, 110. Longchamp sur
renders, 111. Longchamp flies in the Disguise of a female Pedlar, 111. Is
seized by the Mob, 112. Arrives in France, 113. Visits Coeur de Lion in
captivity, 113 Geoffrey Plantagenet again Chancellor, 113. Subsequent Fate
of Geoffrey Plantagenet, 113. His Exile and Death, 114. Longchamp again
Chancellor, 114. Parliament at Nottingham, 114. Longchamp forges Letter
from " The Old Man of the Mountain ".to clear Richard of Murder of Marquis
of Montserrat, 114. Resigns Great Seal, 115. His Death, 115. Eustace,
Bishop of Ely, Chancellor, 116. Origin of Vice-chancellors, 116. Vice-chan
cellors John de Alenfon and Malchien, 116. Vice-chancellor Bennet, 117.
Death of Richard I., 117. Laws of Oleron, 117.
CHAPTER VL
OF THE CHANCELLORS DURING THE REIGN OE KING JOHN.
Accession of John, 119. Hubert, Archbishop of Canterbury, Chancellor, 119.
Death of Lord Chancellor, 121. Great Seal sold to Walter de Gray, 121. His
Conduct, 122. Vice-Chancellor Wallys, 122. Surrender of England to the
Pope, 123. De Gray, Bishop of Worcester and Archbishop of York, 124. His
Ignorance, 124. His Death and Character, 124. Richard de Marjsco, Chan
cellor, 124. Magna Charta, 125. Death of King John, 126. Beginning of
Statute Law, 126. CHAPTER VIL
CHA'NCELLORS DURING THE REIGN OF HENRY III. TILL THE APPOINTMENT OF QUEEN
ELEANOR AS LADY KEEPER OF THE GREAT SEAL.
Marisco, 127. Confirmation of the Great Charter, 127. Ralph de Neville,
Vice-chancellor, 1 27. Misconduct of Vice-chancellor De Neville, 128. Letter
of Remonstrance from the Chancellor to the Vice-chancellor, 128. De Neville,
Chancellor, 129. Grant to him of Offics of Chancellor for Life, ISO. He

XVI CONTENTS.
is likewise made Chancellor of Ireland, 130. And Guardian of Realm, 131.
Disappointed of Primacy, 131. Triumph of Peter de Rupibus, 131. De Neville
deprived of Great Seal, 132. " Simon the Norman," Chancellor, 132. Dis
missed for Honesty, 132. De Neville restored to the Office of Chancellor, 133.
His Death, 133. His Character, 133. Statute of Merton, 133. ^Attempt by
Parliament to acquire Right of appointing Chancellor, 134. Ranulph Briton,
Chancellor, 135. John Maunsel, Chancellor, 136. Origin of the Dispensing
Power in England, 136. This Chancellorthe greatest Pluralist on Record, 136.
John de Lexington, Chancellor, 136. Complaint in Parliament that Chancellor
not more consulted, 137. Petition to remove him, 137. King's Answer, 137.
CHAPTER VIII.
LIFE OF QUEEN ELEANOR, LADY KEEPER OF THE GREAT SEAL.
Queen Eleanor, Lady Keeper, 138. Her Parentage, 138. Wit and Beauty, ISS.
Marriage with Henry, 139. Her Unpopularity, 140. Quarrels w;ith the Citizens
of London, 140. Birth of Edward I., 141. She reqeives the Great Seal,
6th August, 1253, 141. Her Conduct as Lady Keeper, 141. Her Accouchement,
141. Her Exaction of" Queen Gold," 142. A Parliament, 142. She resigns
the Great Seal, 142. Ballads upon her, 143. Pelted by the London Mob, 143.
She flies abroad, 144. Returns to England, 144. Takes the Veil, 144. Her
Death, 144. Her Character, 144.
CHAPTER IX.
LORD CHANCELLORS FROM THE RESIGNATION OF LADY KEEPER QUEEN ELEANOR
TILL THE DEATH OF HENRY III.
William de Kilkenny, Chancellor, 146. Reprimand to the Clergy, 146. Kil
kenny's Resignation, 146. Embassy to Spain, 147. Death, 147. Henry de
Wenghara, 147. Mad Parliament, 147. " Provisions of Oxford," 147. Ni
cholas de Ely made Chancellor by the Barons, 148. King recovers his Authority,
148. A Parliament, 148. Walter de Merton, Chancellor, 149. History of De
Merton, 150. Keepers of Seal, 150. Public Confusion, 150. Writs for Simon
de Montfort's Parliament, 49 Henry III., 151. Reference to King of France,
151. His Award, 152. Battle of Lewes, 152. Meeting of Simon de Mont-
ford's Parliament, 152. Origin of House of Commons, 153. Thomas de Can-
tilupe, Chancellor, 154. His Salary, 154. Battle of Evesham, 155. Death of
Cantilupe, 155. Walter Giffard, Chancellor, 155. Resigns, being made Arch
bishop of York, 156- Godfrey Giffard, Chancellor, 156. Removed for Incom
petency, 156. John de Chishull, Chancellor, 157. Richard de Middleton,
Chancellor, 157. Prince Edward in the Holy Land, 158. John de Kirby,
Keeper of Great Seal, 158. Character of Chancellors during reign of Hen
ry III., 159. Braoton, Merits of, 159. Abolition of Office of Chief Jus
ticiary, 160. Disruption of Aula Regia, 161. Chancellor now Head of Law,
161.
CHAPTER X.
CHANCELLORS AND KEEPERS OF THE GREAT SEAL DURING THE REIGN OF EDWARD I.
TILL THE DEATH OF LORD CHANCELLOR BURNEL.
Walter de-Merton, Chancellor, 162. His Conduct and Character, 163. Robert
Burnel, Chancellor, 163. Birth and Education, 164. Accompanies Prince
Edward to the Holy Land, 164. Law Reform, 165. Statute of Westminster
the First, 165. Provisions of the Code, 165. Its Omissions, 166. Conquest of
Wales, 166. Judgment against Llewellyn, 167. Lord Chancellor employed in
Government of Principality, 167. Parliament held in Chancellor's Castle at
Acton Burnel, 168. His Plan for Government of Ireland, 170. Vice-chancellor
Kirby, 170. Prosecution by Chancellor of the Judges for Bribery and Cor
ruption, 171. Dispute about Succession to Crown of Scotland, 171. Chancellor

CONTENTS. xvii
addresses the Scottish Nobles in French, 171. His Dexterity, 172. Chancellor
gives Judgment in favour of Baliol, 173. Death of Burnel, 173. His Cha
racter, 173. CHAPTER XL
CHANOELLOKS AND KEEPERS OF THE GREAT SEAL FROM THE DEATH OF LORD CHAN
CELLOR EtIRNEL DURING THE REMAINDER OF THE REIGN OF EDWARD i.
John de Langton, Chancellor, 176. His Origin, 176. His Conduct, 177. Or
dinance for Despatch of Business, 177. Appeal of Earl of Fife v. King of Scots,
177. Parliament at Berwick, 178. King goes abroad, 178. Parliament at
Westminster, 179. "Confirmation of the Charters," 179. " Articuli super
Chartas," 179. Chancellon elected Bishop of Ely, 180. Goes to Rome, 18a
Resignation of Langton, 181. Adam de Osgodebey, Keeper of Great Seal, 181.
AVilliam de G'renefield, Chaneellor, 182. His Family, 182. Attempt in Par
liament to make Office of Chancellor elective, 183. Letter to the Pope respect
ing Independence of Scotland, 183- Resignation cf De Grenefield, 184. His
Journey to Rome, 184. His Death, 184. William de Hamilton, Chancellor
185. , Statute " De Tallagio non concedendo," 185. Conviction and Execution
of Sir William Wallace for Treason, 185. Death of tho Chancellor, 186.
Ralph de Baldock, Chancellor, 1 86. His Education and Rise, 1 87. Death of
Edward I.,"l87. Accession of Edward II., 188. Removal of De Baldock, 188.
His Death, 188.. Jurisdiction of Chancellor in the Reign of Edward I., 188.
Improvements in Law, 188. Gratitude to Law Reformers, 188. Law
Books, 1 89. CHAPTER XIL
CHANCELLORS DURING THE REIGN OF EDWARD 11.
Accession of Edward II., 191. John de Langton, Chancellor the second Time,
191. King abroad, 1 92. King goes to Boulogne, 1 92. King himself uses the
Great Seal, 192. Revolution in the Government, 193. The Chancellor resigns,
193. His Character, 193. Office of Chancellor in Abeyance, 193. Walter
Reynolds, Chancellor, 194. Tutor to Edward II., 194. His conduct as Chan
cellor, 194. His Resignation, 194. Execution of Gaveston, 194. Reynolds,
the Ex-chancellor, made Keeper of the Great Seal, 195. Battle of IBannock-
burn, 195. Council at York, 196. Resignation of Reynolds, 196. His sub
sequent Career, 3 96. His Death, 196. Chancellor still Chief of Chapel
Royal, 196. Johu de Sandale, Chancellor, 197- Keepers of Seal concurrently,
197. De Sandale removed, 197. Epicurism of Lord Chancellor De Sandale,
198. John de Hotham, Chancellor, 198. Ascendency of Earl of Lancaster,
198. Resignation of Chancellor, 199. John de Salmon, Chancellor, 199.
Chancellor goes to France with King, 199. Surrender of Great Seal by De
Salmon, 200. Great Seal in Custody of Queen Isabella, 200. Isabella not
" Lady Keeper," 200. De S.ilraon again acts as Chancellor, 201. Chancellor
opposes Earl of Lancaster, 201. Execution of Earl of Lancaster, 201. Ed
ward's incurable Love of Favourites, 201. Resignation of the Chancellor, 201.
Robert de Baldock, Chancellor, 202. Civil War, 202. Landing of Queen,
202, The Bishop of Exeter beheaded by the Mob, 203. Fate of the Spensers,
203. Sentence on younger Spenser, 203. Chancellor Baldock seized by the
Mob, and thrown into Newgate, 204. Dies of his Wounds, 204. Prince Ed»
ward chosen Custos of the Kingdom, 204. Imprisonment of Edward II., 204.
King sends Great Seal to Queen, 205. Queen's Proclamation, 205. Edward
II. deposed, 205. Murder of Edward II., 206. Adam de Orleton acts as
Chancellor, 206. His equivocal Line respecting the Murder of the King, 206.
Origin of OflSce of Master of the Rolls, 206. Complaints in Parliament of the
Court of Chancery, 207. Jurisdiction of the Court in Reign of Edward II., 207.
Letters of Marque and Reprisals granted by Chancellor, 208. Year Books, 208.
Establishment of Inns of Court, 209.
VOL. I. a

XVIII CONTENTS.
CHAPTER XIIL
CHANCELLORS AND KEEPERS OF THE GREAT SEAL FROM THE COMMENCEMENT OP
THE REIGN OF EDWARD III. TILL THE APPOINTMENT OF SIR RICHARD BOURCHIER,
THE FIRST LAY LORD CHANCELLOR.
John de Hotham again Chancellor, 213. His Death and Character, 213. Henry
de Burghersh, Chancellor, 213. New Great Seal, 214. Temporary Ascendency
of Mortimer, 214. Edward III. seizes the Reins of Government, 215. A Par
liament, 215. King's Speech, 215. Burghersh dismissed, 215. His exile and
Death, 215. John de Stratford, Chancellor, 215. His Origin and Education,
216. Ambassador to Pope, 216. His Rise till appointed Chancellor, 217.
Punishment of Queen Isabella, 217. Measures to restore internal Tranquillity,
217. Courtof Chancery becomes stationary, 217. Marble Chair and Table in Court
of Chancery, 218. A Parliament, 219. Questionsput to Parliament by the Chan
cellor, 219. Chancellor returns from Embassy, 2 1 9. Separation of Lrfjrds and Com
mons, 220. Great influence of Parliament under Plantagenets, 220. Chancellor's
Speech on Meeting of New Parliament, 220. Keepers of Great Seal appointed
by the Chancellor, 221. Richard de Bury, Chancellor, 221. His Family, 221.
Education, 222. His College Life, 222. Tutor to Edward III. when Prince, 222.
His rise on Accession of Edward III., 223. His Splendour at Court of Rome,
223. Bishop of Durham, 223. His Conduct as Chancellor, 224. A Parlia
ment, 224. Ambassador to Paris, 224. His Retirement, 224. Philobiblon,
225. His love of Books, and Mode of collecting lihem, 225. His Encourage
ment to the Study of Greek, 228. His Description of the Bad Usage of Books,
228. Gross Ignorance of the Laity, 229. Scriptural Authorities for taking great
Care of Books, 230. Death and Burial of Richard de Bury, 230. His Merit,
230. Archbishop John Stratford, Chancellor the second Time, 231. Claim of
Edward III. to the Crown of France, 231. Resignation of John de Stratford,
232. Robert de Stratford, Chancellor, 232. Bynteworth, Chancellor, 232. His
History, 233. His Death, 233. John de Stratford, Chancellor the third Time,
234. A Parliament, 234. Resignation of John de Stratford, and re-appointment
of Robert, 234. Administration of the Stratfords, 234. Their Fall, 2rf4. Em
barrassments of the King, 234. His sudden Return, 235. Imprisonment of the
Lord Chancellor, 235. Edward's Rage against the Priesthood, 235. Advantages
and Disadvantages of appointing Ecclesiastics to Office of Chancellor, 235.
CHAPTER XIV.
CHANCELLORS AND KEEPERS OF THE GREAT SEAL FROM THE APPOINTMENT OF SIR
ROBERT BOURCHIER TILL THE APPOINTMENT OF WILLIAM OF WICKHAM.
Sir Robert Bourchier, Chancellor, 237. His Birth and military Career, 237. Re
tirement and Death of Ex-Chancellor Robert de Stratford, 237. Prosecution of
Ex-chanqellor John de Stratford, 238. A Parliament, 238. Writ of Summons
refused to the Archbishop, 238. His Remonstrance, 238. His Appearance in
Palace Yard, 239. Information against him in Exchequer, 239. Triumphs
over the King, 239. Spirited Conduct of House of Peers, 239. King submits,
240. His Death and Character, 240. Conduct of Lord Chancellor Bourchier,
240. King himself uses the Seal, 241. Complaints against Lord Chancellor
Bourchier, 241. Attempts in Parliament to regulate the Appointment of Chan
cellor, 241. Statute for periodical Resumption of Office of Chancellor, 242.
Oath to observe the Statute, 242. Edward's perfidiou.?' Violation of the Statute
242. Renewed Controversy between the King and Ex-chancellor John de Strat
ford, 243. King resolves to sacrifice the Chancellor to public Discontent ¦'44
Dismissal of Bourchier, 244. Death of Ex-chancellor John de Stratford' 244
Disadvantages of Lord Chancellor Bourchier, 244. Bourchier's subsequent
Career, 245. Sir Robert Parnynge, Chancellor, 245. His legal Studies "45
When Chancellor, he continues to study the Common Law, 245 Use of" the
Great Seal, 246. King abroad, 246. Commons pray that Chancellor may be a

CONTENTS. xix.
Peer, 246. Sudden Death of Lord Chancellor Parnynge, 247. Robert de Sa-
dyngton. Chancellor, 248. His Descent, 248. Bad Equity Judge, 248. A
Parliament, 248. Lord Chancellor Sadyngton dismissed, 249. Return to Ec
clesiastical Chancellors, 249. John de Oftbrd, Dean of Lincoln, Chancellor, 250.
Battle of Cressy, 250. Complaints in Parliament against Court of Chancery,
250. Death of Chancellor de Offord, 252. John de Tlioresby, Chancellor, 252.
His Writings, 252. Statute of Treasons, 252. Attack in Commons on equitable
Jurisdiction of Chancellor, 253. Thoresby, being made Archbishop of York, re
signs the Great Seal, 254. His Death, 254. William de Edington, Chancellor,
254. Peace of Bretigni, 255. Statute for Use of English Language, 255.
Refuses the Primacy, 256. Resignation of Lord Chancellor Edington, 256.
Simon de Langham, Chaneellor, from being a Monk , 257. His Rise, 257. Trans
lated to Canterbury, 257. Quarrels with Wickliffe, 258. Custom of Chancel
lor opening Parliament with Discourse from Text in Scripture, 258. Langham
alms at the Popedom, 258. He retires to Avignon, 259. His Death, 259.
CHAPTER XV.
CHANCELLORS AND KEEPERS OF THE GREAT SEAL FROM THE APPOINTMENT OF
WILLIAM OF WICKHAM TILL THE DEATH OF EDWARD III.
William of Wickham, 260. Plis Origin, £60. Education, 260. Introduced to
Edward III., 261. Builds Windsor Castle, 261. Order of the Garter, 262.
Inscription on Castle, 262. Wickham takes Holy Orders, 262. His Prefer
ment, 263. Engages in Politics, 263. His Income, 263. Made Bishop of
Winchester, 264. Receives the Great Seal, 264. Impropriety of the Appoint
ment, 264. Wickham an incompetent Judge, 265. Complaints against him in
Parliament, 265. He is removed from Office, 265. Sir Robert Thorpe, Chan
cellor, 265. His Birth and Education, 265. His Promotions in the Law, 266.
Popularity of Chancellor, 266. His Death, 266. His Learning and Ability,
266. Sir John Knyvet, Chancellor, 267. His Origin, 267. An excellent
Judge, 268. A Parliament, 268. Chancellor's Speech, 269. The " Good
Parliament," 269. Alice Pierce, 270. Chancellor's Speech to the Parliament,
270. Vote of " Want of Confidence," 270. Prosecution of William of Wick
ham, 271. Resignation and Death of Lord Chancellor Knyvet, 271. Adam
de Houghton, Chancellor, 272. A Parliament, 272. Death of Edward III.,
273. His domestic Government, 273. Jurisdiction of Court of Chancery, 274.
Character of the Chancellors of Edward III., 274. Origin of Parliamentary
Impeachments, 275. Justices of Peace, 275.
CHAPTER XVI.
CHANCELLORS AND KEEPERS OF THE GREAT SEAL FROM THE COMMENCEMENT OF
THE REIGN OF RICHARD II. TILL THE SECOND CHANCELLORSHIP OF WILLIAM OF
WICKHAM.
De Houghton continues Chancellor, 277. His Speech to Parliament, 277. Pro
ceedings of Commons, 278. Parliament at Gloucester, 278. Sir Richard le
Scrope, Chancellor, 279. Death of de Houghton, 279. Rise of Richard le Scrope,
279. Made a Peer, 280. A Parliament, 280. Removal of Lord Scrope, and
Appointment of Simon de Sudbury as Chancellor, 281. His Origin and Edu
cation, 281. Made Archbishop of Canterbury, 281. Lord Chancellor, 281.
He proposes the Poll Tax, 282. Wat Tyler's Rebellion, 282. Chancellor seized
in the Tower, 282. Beheaded, 283. Miracles by the deceased Chancellor, 283.
William Courtenay, Chancellor, 283. His illustrious Descent, 284. Disputes with
John of Gaunt, 284. His Behaviour as Judge, 284. Removal on Address
of Commons, 284. Lord le Scrope again Chancellor, 284. Death of Ex-
chancellor Courtenay, 285. King quarrels with Lord le Scrope, who is dis
missed 285. Robert de Braybroke, Chancellor, 286. Parliament, 286. Wick
liffe, 286. Michael de la Pole, Chancellor, 286. His Conduct as Judge, 287.
a 2

XX CONTENTS.
In Parliament, S87. Chancellor made an Earl, 288. Altercation in the House
of Lords between the Chancellor and the Bishop of Ely, 288. A Parliament,
289. Proceedings against the Chancellor, 290. The Earl of Suffolk removed
from the Office of Chancellor, 291. Thomas Arundel appointed, 291. Im
peachment of the Ex-chancellor, 291. His Defence, 291. Death of the Earl
of Suffolk, 292. His Character, 293. Thomas Arundel, Chancellor, 293.
His Family, 293. Education, 293. Misconduct of Richard II., 293. Civil
War, 294. A Parliament, 294. Arundel dismissed, 294.
CHAPTER XVIL
CHANCELLORS AND KEEPERS OF THE GREAT SEAL FROM THE SECOND CHANCELLOR
SHIP OF WILLIAM OF WICKHAM TILL THE END OP THE REIGN OF RICHARD II.
AVilliam of Wickham again Chancellor, 295. His History between his two Chan-
cellorships, 295. A Parliament, 296. The Chancellor lays down his Office in
Parliament and is reappointed, 296. Resignation of William of Wickham, 297.
His Retirement from public Life, 297. His Death, 298. His Merits, 298.
Thomas de Arundel's second Chancellorship, 298. History of John de Waltham,
299. His Invention of Writ of Subpoena, 299. Proceedings in Parliament
against the Court of Chancery, 300. Chancellor goes with King to Ireland,
300. His Death, 300. Removal of Arundel, 301 . Edmund Stafford, Chan
cellor, 301. Chancellor's Speech on opening Parliament, 301. Ex-chancellor
Arundel impeached and convicted, 301. Family of the Staffords, 302. Henry
of Bolingbroke claims the Crown, 303. John Searle, Chancellor, 303. Ex-
chancellor Aiundel accompanies Henry, 304. Deposition of Richard II., 305.
Henry raised to the Throne, 306. New Parliament, 306. Celebrated Speech
for Richard by Bishop of Carlisle, 306. Fate of Richard, 307. Equitable
Jurisdiction of the Court of Chancery in Reign of Richard II., 307. Complaint
against Masters in Chancery, 308.
CHAPTER XVIIL
CHANCELLORS AND KEEPERS OF THE GREAT SEAL DURING THE REIGN OF HENRY IV.
John Searle, nominally Chancellor, 310. A Parliament, 310. Chancellor not
allowed to address the two Houses, 310. Resigns, 310. His Obscurity, 311.
Edmund Stafford restored, 31 1. Issues of Fact arising in Court of Chancery to
be tried in a Court of Common Law, 311. The Chancellor resigns, 312. His
Retreat and Death, 312. Cardinal Beaufort, Chancellor, 312. His Origin and
early Career, 312. His Conduct as Chancellor, 313. Attempt of House of
Commons to seize Church Property, 313. " Lack- Learning Parliament," 314.
Cardinal Beaufort removed, 315. Thomas Longley, Chancellor, 315. Attempt
to introduce Salic Law into England, 315. Proceedings in Parliament respect
ing the Court of Chancery, 316. Archbishop Arundel restored to Office of
Chancellor, 317. Chancellor dismissed, 318. Great Seal in custody of Master
of Bolls, 318. Ex-chancellor Beaufort addresses the two Houses, 318. Church
in danger, 319. Sir Thomas Beaufort, afterwards Duke of Exeter, Chancellor,
319. His History and Conduct as Chancellor, 319. His .subsequent Career
and Death, 319. Archbishop Arundel Chancellor the fifth Time, 320. Illness
of Henry IV., 320. Character of Chancellors of Henry IV., 320. Conviction
and Execution of an Archbishop, 321.
CHAPTER XIX.
CHANCELLORS DURING THE REIGN OF HENRY V.
Accession of Henry V., 322. Great Seal taken from Archbishop Arundel, and re
stored to Cardinal Beaufort, 322. Subsequent Career of Ex-chancellor Arundel,

CONTENTS. xxi
322. Sentences Lord Cobham to be burnt, 323. Renewed Attempt of the Com
mons to seize the Property of the Church, 323. King claims Crown of France,
323- Chancellor's Speech at the Opening of Parliament, 325. Petition against
the Court of Chancery, 325. Petition negatived, 326. Other Proceedings of
Commons against Court of Chancery, 327. Chancellor lends Money to the King,
taking the Crown in pawn, 328. Act against the Irish, 328. Judicial Conduct
of Cardinal Beaufort, 329. Great Seal taken from Cardinal Beaufort, 329-
Longley, Chancellor the second Time, 330. A Parliament, 330. Treaty of
Troyes, 330. Death of Henry V., 331. Administration of Justice during his
Reign, 332.
CHAPTER XX.
CHANCELLORS FROM THE COMMENCEMENT OF THE REIGN OF HENRY VI. TILL THE
DEATH OF CARDINAL BEAUFORT.
Lord Chancellor Longley resigns Great Seal to Infant King, 333. A Parlia
ment, 333. Longley reappointed Chancellor, 334. Duke of Gloucester, Pro
tector, 334. Proceedings in Parliament against the Court of Chancery, 334.
Lord Chancellor's Speech on opening Parliament, 335. Disputes between Duke
of Gloucester and Cardinal Beaufort, 335. Longley deprived of Great Seal, 335.
Cardinal Beaufort Chancellor the fourth Time, 335. Death and Character of
Ex-chancellor Longley, 336. Henry VI., in Mother's Arms, opens Parliament,
336. Lord Chancellor Beaufort's Speech, 336. Chancellor to grant Licences
for Exportation of Butter and Cheese, 337. Riots in London caused by Chan
cellor and Protector, 337. Chancellor's Letter to Duke of Bedford, 338. " Par
liament of Bats," 338. Impeachment of Chancellor, 339. Chancellor and Pro
tector reconciled, 339. Cardinal Beaufort resigns Great Seal, 340. His
subsequent History, 340. Sits on Trial of Maid of Orleans, 341. Fresh Quarrel
with Duke of Gloucester, 341. Murder of Duke of Gloucester, 342. Death of
Cardinal Beaufort, 342. His Character, 342.

CHAPTER XXL
CHANCELLORS DURING THE REIGN OF HENRY VI. FROM THE APPOINTMENT OF CAR
DINAL KEMPE TILL THE DEATH OF LORD CHANCELLOR WAYNFLETE.
Obscure Origin of Lord Chancellor Kempe, 344. His Rise, 344. His Conduct as
Chancellor, 344. Resignation of Cardinal Kempe, 345. John Stafford, Chan
cellor, 346. His Birth and Education, 346. His long Continuance in Office,
346. Act to restrain excessive Jurisdiction assumed by Court of Chancery, 346.
Lord Chancellor Stafford's Style of Eloquence, 347. Repeal of Act for Chan
cellor to license Exportation, 349. King's Marriage, 349. Disgraceful Treaty
with France, 350. Foundation of Eton College, 350. National Indignation on
discovering secret Article in Treaty with France, 350. A Parliament, 351.
Lord Chancellor Stafford dismissed, 351. His Death and Character, 351. Car
dinal Kempe again Chancellor, 352. Banishment and Death of Duke of Suffolk,
352. Jack Cade's Rebellion, 352. War of the Roses, 353. Death and Cha
racter of Lord Chancellor Kempe, 354. King's Illness, 355. The Earl of
Salisbury appointed Chancellor by the Duke of York, 356. King's Recovery, 356.
Cardinal Bourchier made Chancellor by the Queen, 357. Great-grandson to
Edward III., 357. His good Qualities, 357. His Rise, 357. Battle of St.
Alban's, 357. Duke of York, Protector, 358. Chancellor seals Writ to super
sede Duke of York, 359. Seal taken from Archbishop Bourchier, 360. Wil
liam Waynflete, Bishop of Winchester, Chancellor, 360. His origin, 361.
Fellow and Provost of Eton, 361. His Conference with Jack Cade, 361. The
Chancellor supports the Lancastrians, 362. His judicial Conduct, 362. Ap
parent Pacification, 363. Hostilities resumed, 363. Battle of Blore Heath, 363.
A Parliament, 364. Yorkists attainted, 364. Battle of Northampton, 364.
Waynflete resigns Great Seal, 364. His subsequent Career, 364. Submits to
a 3

XXU CONTENTS.
Edward IV., 365. Entertains Richard III. at the College founded by him, 365.
His Death and Character, 366.

CHAPTER XXIL
.CHANCELLORS DURING THE REIGN OF HENRY VI. FROM THE APPOINTMENT OF GEORGE
NEVILLE, BISHOP OF EXETER, TILL THE DEATH OF LORD CHANCELLOR FORTESCUE.
Great Seal in Custody of Archbishop Bourchier, 367. George Neville, Bishop of
Exeter, Chancellor, 367. A Parliament, 367. Duke of York claims Crown,
367. Right to Crown argued at Bar of Lords, 368. Judgment for Duke of
York after Death of King Henry, 368. Battle of Wakefield, 369. Death of
Richard Plantagenet, Duke of York, 369. Execution of Ex-chancellor the Earl
of Salisbury, 369. Children of Ex-chancellor Earl of Arui)del, 370. Qujere,
Whether Sir John Fortescue was ever Chancellor in England ? 370. Supposed
to have been only Chancellor in partibus, 370. His Family, 371. His Rise at
the Bar, 371. Chief Justice, 371. While Chief Justice, fights in Battle of
Towton, 372. Attainted by Act of Parliament, 372. Goes into Exile, 372.
Writes " De Laudibus," 372. Submits to Edward IV., 373. Writes in favour
of Title of House of York, 373. He is pardoned, 373. Exemplification of.
Reversal of the Attainder of Lord Chancellor Fortescue, 373. Retires to
Ebrington, 374. Death, 375. Epitaph, 375. His celebrated Judgment on
Parliamentary Privilege, 376. Thorpe's Case, 376. Release of Manor of
Ebrington, 376. Equity Lawyer, 378, His literary Merits, 378. His Cha
racter, 378. His Descendants, 378. End of the Reign of Henry VI., 379.
Equitable Jurisdiction of Chancery during Reign of Henry VI., 379. Rude
State of Equity, 380.

CHAPTER XXIIL
CHANCELLORS IN THE . BEIGN OF EDWARD IV.
George Neville again Chancellor, S82. A Parliament, 382. Chancellor's Speech
on opening Session, 382. Acts against wearing piked Shoes, 383. Chancellor
abroad on an Embassy, 384. Edward's Rupture with Neville, 384. Neville
dismissed from Office of Chancellor, 384. Robert Stillington, Chancellor, 385.
Subsequent Career of Ex-chancellor Neville, 385. His Death, 386. Character
of Robert Stillington, 386. His Origin, 386. His Speech at Prorogation of -
Parliament, 386. His Speech on opening next Session, 386. Invasion by Earl
of Warwick, 388. Henry VI. restored, 388. " The Hundred Days," 388.
Doubtful who was Chancellor on Restoration of Henry VI., 389. Edward IV.
restored, 389. Death of Henry VL, 389. Stillington again Chancellor, 389.
Illness and Resignation of Chancellor, 390. Ex-chancellor goes on an Embassy,
390. Quaere, Whether he assisted in Usurpation of Richard III. ? 390. Im
prisoned by Henry VII. for taking part with Lambert Simnel, 390. His Death,
391. Henry Bourchier, Earl of Essex, Keeper of Great Seal, 391. His Family,
391. Bred a Soldier, 391. His Resignation, 391. Knight of the Garter, 391.
Lawrence Booth, Bishop of Durham, Chancellor, 391. His Rise, 392. His
Incompetency, 392. He is dismissed, 392. Rotheram, Bishop of Lincoln, Chan
cellor, 393. A Parliament, 393. Length of Parliaments in early Times, 394.
Characters of three Chancellors who presided in one Parliament, 394 John
Alcoek, Chancellor a short Time, 394. Rotheram restored, 394. Chancellor's
Speech to Parliament, 395. Statute against Irishmen, 395. Disputes between
King and Clarence, 396. " Statute of Kerqueue," 396. Death of Edward IV
396. Decision of Lord Chancellor Rotheram, 397. Attempts of Commonllaw
.Judges agamst Injunctions, 397. Jurisdiction established over Trusts 398
Equity Pleading, 399. , > -^ •

CONTENTS. xxm

CHAPTER XXIV.
CHANCELLORS DURING THE REIGNS OF EDWARD V. AND RICHARD IIL
Disputes between the Duke of Gloucester and the Queen, 401. Rotheram de
livers up the Great Seal, 401. Prevails on Queen to part with her younger
Son, 402. John Russell, Chancellor to Edward V., 402. Final History of
Ex-chancellor Archbishop Bourchier, 403. And Rotheram, 403. Character
of Lord Chancellor Russell, 404. His Origin and Rise, 404. His Conduct
on the Usurpation of Richard III., 404. Russell reappointed Chancellor by
Richard III., 405. Letter of Richard to the Chancellor, 406. Postscript, 406.
A Parliament, 407. Excellent Laws now enacted, 407. Act against " Bene
volences," 408. Chancellor regulates 1'reaty witli Scotland, 408. Removed
from his Office, 411. His subsequent History, 411. First perpetual Chancellor
of Oxford, 411. His Death, 412. His Epitaph, 412. Disposal of Great Seal
at end of Reign of Richard III., 413. Legal Proceedings during Reigns of
Edward V. and Richard III., 413.

CHAPTER XXV.
CHANCELLORS AND LORD KEEPERS FROM THE ACCESSION OF HENRY VII. TILL THE
APPOINTMENT OF ARCHBISHOP WARHAM AS LORD KEEPER.
Alcoek, Bishop of AVinchester, first Chancellor to Henry VIL, 415. Difficult con
stitutional Questions settled, 416. Alcoek removed from Office of Chancellor,
416. Made Bishop of Ely, 416. Death of Ex-chancellor Alcoek, 417. Car
dinal Morton, Chancellor, 417. His Birth and Education, 417. A Lancastrian,
but reconciled to Edward IV., 418. His Conduct under Richard IIL, 418.
Strawberry Scene at the Tower of London, 418. Imprisoned by Richard III.,
419. Escapes to Continent, 419. Recalled by Henry VIL, 420. His Policy
when Chancellor, 420. His Speech to the Two Houses of Parliament, 420. Star
Chamber remodelled, 422. Limitation of Claims to Land, 422. Law protect
ing Acts under King de facto, 422. " Benevolence " imposed, 423. Cardinal
Morton's " Fork," 424. H is Death, 424. Sir Thomas More's Character of him,
425 . Henry Deane, Bishop of Salisbury, Lord Keeper, 425. Distinguished at
the University, 426. His subsequent Rise, 426. Conduct as Lord Keeper, 426.
Negotiates Marriage between the King of Scots and the Princess Margaret, 427.
His Resignation, 427. His Death, 427. Great Seal delivered to Archbishop
Warham, 427.
CHAPTER XXVL
LIFE OF ARCHBISHOP WARHAM, LORD CHANCELLOR OF ENGLAND.
Birth and Education, 428. Practises in Doctors' Commons, 428. His Embassy
to Duke of Burgundy, 428. Speech to Duke and Duchess, 428. Made Master
of Rolls and Bishop of London, 429. Lord Keeper and Lord Chancellor, 429.
His despatch of Business in Chancery, 429. Opposed Marriage between Prince
Henry and Catherine, Widow of Arthur, 429. His Panegyric on Dudley, the
Attorney General, afterwards hanged, 430. Death of Henry VII., 430. Le
gislation in his Reign, 430. Administration of Justice, 430. Equity Jurisdic
tion, 431. Accession of Henry VIII., 432. Warham continued Chancellor
432. Still opposes Henry's Marriage with Catherine, 432. Improperly joins
in Prosecution of Empson and Dudley, 433. A Parliament, 433. Chancellor's
Speech to Two Houses, 433. His Advice to Soldiers in the Field, 434. War-
ham's last Address to the Two Houses, 434. Makes a, Speech in House of
Commons, 435. Abuse of the Scotch, 435. D^fpute as to the Rank of the

XXIV CONTENTS.
Earl of Surrey in the House of Lords, 435. Warham undermined by Wolsey,
436. Driven to resign, 436. His Character as a Judge, 437. His Occupations
in Retirement, 437. Still insulted by Wolsey, 437. Complains to the King,
437. Fall of Wolsey, 437. Qua;re, Whether Warham was again offered the
Great Seal? 438. Countenances Holy Maid of Kent, 438. His Death, 438.
Conduct on Death-bed, 439. His Friendship with Erasmus, 439. Character of
Warham by Erasmus, 439. Letter of Warham to Erasmus, 441. General Esti
mate of Character of Warham, 442.

CHAPTER XXVII.
LIFE OF CARDINAL WOLSEY FBOM HIS BIRTH TILL HIS APPOINTMENT AS LORD
CHANCELLOR.
Wolsey the Son of a Butcher, 443. Proofs, 443. Sent to the University, 444.
Wolsey " the Boy Bachelor," 444. Fellow of Magdalen, and Schoolmaster,
444. 'I'utor to Sons of Marquess of Dorset, 444. Wolsey a country Parson, 444.
Wolsey set in the Stocks for Drunkenness and Rioting at a Fair, 445. His
Revenge when Lord Chancellor, 445. Wolsey leaves his Parish, 446. Chaplain
to Archbishop of Canterbury, 447. To the Governor of Calais, 447. Chaplain
to Henry VIL, 447. His Success at Court, 447. Wolsey's Embassy to the
Emperor, 448. Extraordinary Rapidity of his Journey, 449. Rewarded with
the Deanery of Lincoln, 450. Death of Henry VIL, 451. Wolsey introduced
to the new King, 451. Influence gained by Wolsey over Henry VIII., 451.
Wolsey Almoner to the King, 452. Wolsey Prime Minister, 453. Grants and
Preferments, 453. Wolsey Commissary- General to the Army in France, 454.
Appointed Bishop of Tournay, 454. Wolsey made Bishop of Lincoln, ^55.
Archbishop of York, &c., 455. Cardinal and Legate d Latere, 455- Measures
to disgust Lord Chancellor Warham, 456. Wolsey, Chancellor, 456. Quasre,
Whether Warham resigned voluntarily, and Wolsey was reluctant to take Great
Seal? 457.

CHAPTER XXVIIL
LIFE OF CARDINAL WOLSEY FROM HIS APPOINTMENT AS LORD CHANCELLOR TILL
HIS FALL.
Homage paid to Wolsey by Foreign Powers, 459. By the University of Oxford,
459. Letters to him from the King's Sisters, 460. Letter to him from the Earl
of Argyle, 461. His splendid Mode of living, 461. Wolsey's Banquets to the
King, 462. His Procession to the Court of Chancery, 463. Jests against him,
465. His Conduct as a Judge, 466. A Parliament, 467. Money Bill originates
in Lords, 467. Wolsey causes Death of Duke of Buckingham, 468. Aims at
the Popedom, 469. Wolsey is disappointed of the Popedom, 470. Again
disappointed, 470. His Love of Education, 471. A new Parliament 472.
Convocation, 473. Publication of Debates in House of Commons, 473, Wol
sey's Visit to the House of Commons, 473. Conduct of Sir Thomas More, the
Speaker, 473. Indignation of Wolsey, 475. Wolsey tries to levy a Tax without
Authority of Parliament, 475. Masque at Gray's Inn to expose Wolsey, 476
Wolsey's Embassy to France, 477. His Journey, 477- His Reception at Calais^
478. Meeting of Wolsey with King and Court of France, 479. His Courage
and Skill as a Diplomatist, 480. Treaty concluded, 480. Relation in Star
Chamber of his Embassy, 480. Arrival of French Embassy, 481. Ratification
of Treaty at St. Paul's, 481. Splendid Entertainment by Wolsey to French at
Hampton Court, 481. Wolsey's Prosperity before his Disgrace, 482 Orisrin of
Wolsey's Disgrace, 483. Anne Boleyn, 483. Wolsey at first dissuades Kinu's
Marriage with Anne, 483. Afterwards labours for the Divorce, 483 Obtains

CONTENTS. XXV
conditional Licence from the Pope, 484. Campeggio, 485. Cardinal Carapeggio
arrives in England, 485. Near Prospect of Wolsey being elected Pope, 486.
Hearing of the Divorce Suit before Wolsey and Campeggio, 487. King's Anger
at the Delay, 488. Divorce Suit carried before the Pope, 488. The King
makes a Progress in the Country, 489. The Court at Grafton, 489. Wolsey
neglected, 489. His last Interview with Henry, 490. Dialogue between Henry
and Anne respecting Wolsey, 490. Wolsey returns to London, 491. His last
Appearance in the Court of Chancery, 491. Refuses to deliver up Great Seal
without propel- Warrant from King, 492. Deprived of his Office and all his
Possessions, 492.
CHAPTER XXIX.
LIFE OF CARDINAL WOLSEY FROM HIS FALL TILL HIS DEATH.
Premunire Informations filed against Wolsey, 493. Pleads guilty, 493. Proceeds
to Esher, 493. At Putney, met by a Messenger from the King, 494. Lord
Chancellor's " Fool," 494. Wolsey's Residence at Esher, 495. Letter from
Erasmus, 495. Returning Kindness of the King, 495. Nocturnal Visit to
Wolsey from Sir John Russell. 495. A Parliament, 496. Visit to Wolsey from
the Duke of Norfolk, 496. Impeachment of Wolsey, 497. Agreed to by the
Lords, but rejected by the Commons, 497. Wolsey deserted by his former
Friends, 498. Settlement with the King, 499. Permitted to remove to Rich
mond, 499. Ordered to York, 499. Journey to the North, 499. Inter
view between Wolsey and Judge Shelley, 499. His Installation as Archbishop
appointed, 500. Alarm at Court from his Popularity, 500. He is arrested for
High Treason, 501. His Behaviour, 501. He is carried off a Prisoner, 502.
His Stay at Sheffield Park, 502. His Alarm at Prophecy that he should die
rear Kingston, 502. His Illness, 503. Arrives at Leicester, 503. Prophesies
the Hour of his Death, 503. He dies, 504. His Burial, 504. His Conduct as
a Judge, 505. His Notions of Equity, 505. Increase of Equity Business, 505.
Establishes auxiliary Courts, 506. His Complaints of the Lawyers, 506. Wolsey
free from Bribery and Corruption, 507. His natural Children, 507. His Re
pentance, 508.
CHAPTER XXX.
LIFE OF SIR THOMAS MORE, LORD CHANCELLOR OF ENGLAND, FROM HIS BIRTH TILL
THE END OF THE BEIGN OF HENRY VII.
Difficulty of appointing a Successor to Wolsey, 509. Sir Thomas More appointed,
510. His Birth, 510. His Education, 511. Page to Cardinal Morton, 511.
Goes to the University, 512. His early Poems, 513. At Inns of Court, 514.
His great Proficiency in Law, 514. Gives Lectures in a Church, 514. Wishes
to become a Monk, 515. On trial dislikes Carthusian Discipline, 516. Resolves
to marry, 516. His Courtship, 516. Happily married, 517. Rapid Progress
in his Profession, 517. He is Under-sheriff of London, 517. Returned to Par
liament, 518. Excessive Subsidy demanded by Henry to marry his Daughter,
518. Proofs that More held the Office of Under-sheriff, 518. More's Maiden
Speech against the Subsidy, 519. Indignation of the King, 519. More resolves
to go into Exile, 520. Death of Henry VII., 520.
CHAPTER XXXL
LIFE OF SIR THOMAS MORE FROM THE ACCESSION OF HENRY VIIL TILL HIS
APPOINTMENT AS LORD CHANCELLOR.
More resumes his Practice at the Bar, 521. Introduced to the King and Wolsey,
522. Counsel for the Pope in a great Cause, 522. Enters the Service of the

XXVI CONTENTS.
King, 522. Leaves the Bar, 523. Master of the Requests, &c., 523. His
House at Chelsea, 523. His second Wife, 523. His domestic Life, 524. His
Letter to Peter Giles, 525. Intimacy with the King, 525. Literary Occu
pations, 526. Embassies, 526. Residence at Calais, 526. Resigns Office of
the Sheriff, 527. Elected Speaker of House of Commons, 527. He disqualifies
himself, 528. His Oration to the King, 529. His laudable Conduct as Speaker,
531. Wolsey's Attempt to send him to Spain, 531. Made Chancellor of the
Duchy of Lancaster, 531. King's Visits to him at Chelsea, 532. More's early
Insight into Character of Henry VIII., 532. More, the Mouthpiece of the
King, 532. His literary Reputation, 533. His famous Question to a Pedant at
Bruges, 533. King's Divorce, 533. More conceals his Opinion, 533. Pre
serves Neutrality, 534. Scene at the Council Table between Wolsey and More,
534. More, Ambassador at Cambray, 535. His Loss by Fire, 535. Beautiful
Letter to his Wife, 536. He is made Lord Chancellor, 537.

CHAPTER XXXIL
LIFE OF SIR TH0M.4S MORE FROM HIS APPOINTMENT AS LORD CHANCELLOR TILL HIS
RESIGNATION.
Installation of the new Chancellor, 538. Duke of Norfolk's Speech, 539. Sir
Thomas More's Speech, 540. More's Appointment applauded abroad, 543.
The Embarrassments of his Situation, 544. A Parliament, 545. Chancellor's
Speech, 545. Prosecution of Wolsey not creditable to More, 546. Good Laws
passed, 546. Admirable Conduct as Judge in Chancery, 547. Anecdote, show
ing his Love of Justice and Jesting, 547. His Diligence, 547. Remonstrance
of Son-in-Law against his !mipartiality, 548. Decree against his Son-in-Law,
549. His Practice as to Injunctions, 549. Grumbling of Judges, 549. Dinner
to the Judges, 550. His Offer to them about Injunctions, 550. His Criticism
on Judges, 550. His great Despatch, 550. Entry on Record that there were
no Arrears in the Court of Chancery, 551. Daily receives his Father's Blessing
in the Court of King's Bench, 551. His Father's Death, 551. Simplicity of
his Habits, 552. While Chancellor on Sundays walked to Church and sang
among the Choristers, 552. His Judgment in the great Case of " The Little
Dog," 55^. Charge of Persecution of Heretics, 553. Difficulty as to King's
Divorce, 555. Opinion of the Universities, 555. Thomas Cromwell, 556. A
Parliament, 556. Threatened Rupture with Rome, 557. Perplexity of Blore,
557. Act passed prohibiting Appeals to Rome, 557. More's Speech to House
of Commons on the Divorce, 558. His distressed State of Mind, 558. Scene
with the King respecting the Divorce, 559. He resigns the Great Seal, 560.

CHAPTER XXXIIL
LIFE OF SIR THOMAS MORE FKOM HIS RESIGN.\TION OF THE GREAT SEAL TILL
HIS DEATH.
More's high Spirits on his Resignation, 561. Jesting Mode of announcing it to
his Wife, 561. His "Fool," 561. More's Mode of Life In Retirement, 562.
Sayings of Sir Thomas More's Fool, 562. His Letter to Archbishop Warham,
563. Letter to Erasmus, 564. His Occupations, 564. King's Marriage with
Anne Boleyn, 564. More refuses to be present at ber Coronation, 565. Sum
moned before Privy Council on Charge of Bribery, 566. Accused of Treason in
the Affiiir of the Maid of Kent, 567. He is heard before a Committee, 567.
Threats used. His Constancy, 568. History of Henry's Treatise against Luther,
568. More's Joy at finding himself able to act with Courage, 569. He escapes
this Peril, 570. Attempts to make him submit, 570. His Prophecy respecting
Anne Boleyn, 570. Oath to the King's Supremacy required, 571. Commis
sioners appointed to administer the Oath, 571. More summoned before Com-

CONTENTS. XXVII
missioners, 572. Solemn Departure from his House at Chelsea, 572. His
Refusal to take Oath, 572. Committed to Custody of Abbot of Westminster,
573. Sent to Tower, 573. His Reception in the Tower, 573. Jest on that
Occasion, 573. Interview with his Daughter, 574. Visit from his Wife, 575.
Act of Attainder, 576. Farther Proceedings against More, 576. Infamous
Conduct of Rich, the Solicitor General, 577. Trial of More in Westminster
Hall, 578. His Behaviour at Trial, 578. The Attorney General's Address, 578.
No Evidence to support the Charge, 579. Defence, .^79. More about to be
acquitted, 580. Rich, Solicitor General, becomes Witness and commits Perjury,
581. More's Reply on this Evidence, 581. Summing up of Lord Audley, 582.
Verdict of Guilty, 582. Forms observed before Sentence, 583. Sentence of
Death passed, 583. More's Speech to the Judges, 584. Carried back to the
Tower, 585.- Affecting Interview with his Daughter on Tower Hill, 585.
Death Warrant issued, 586. His last Letter to his Daughter, 586. Announce
ment to him of his Execution, 586. Conducted to Scaffold, 587. His Devo
tions, 587. His Jests, 587. His Death, 587. His Head stolen by his Daugh
ter, 588. Barbarous Conduct of Henry VIII. to More's Family, 588. General
Horror produced by the Murder of More, 588. More's Person, 589. His Cha
racter, 589. Merits of the Reformers, 590. More's History of Edward V. and
Richard III., 590. His " Epigrammata," 590. His " Utopia," 593. More's
enlightened Views on Criminal Law, 594. Ou the Law of Forfeiture, 594. On
Religious Toleration, 595. His Oratory, 596. His Wit and Humour, 596.
Practical Joke, 597. Sir Thomas More compared to his immediate Successors,
598.
CHAPTER XXXIV.
LIFE OF LORD CHANCELLOR AUDLEY.
Sir Thomas Audley, Lord Keeper, 599. His Character and Conduct, 599. His
Birth, 600. Education, 600. Member of House of Commons, 601. Gains
the Favour of King Henry VIII., 601. Is made Chancellor of the Duchy of
Lancaster, 602. Speaker of the House of Commons, 602. Proceedings of
Commons on Speech in Lords by Bishop of Rochester, 602. Rupture with
Rome, 604. Audley remains Speaker of the House of Commons while Lord
Keeper, 605. Installation^ as Lord Keeper, 605 Audley made Lord Chan
cellor, 606. His Conduct as a Judge, 607. As a Politician, 607. Commis
sioners to administer Oath under new Act of Settlement, 607. Act to make
Denial of King's Supremacy High Treason, 607. Presides at Trial of Bishop
Fisher, 608. Evidence of Solicitor General Rich, 608. Solicitor General Rich's
Commentary as Counsel on his own Evidence as Witness, 609. Scandalous
Conduct of the Lord Chancellor and Judges, 610. Lord Chancellor pronounces
Sentence of Death on Bishop Fisher, 610. Trial of Sir Thomas More, 610.
Rise of Thomas Cromwell, 611. Henry VIII. in love with Jane Seymour, 612.
Audley assists in the Prosecution of Anne Boleyn, 613. Audley sits on the
Trial of Anne Boleyn, 613. Marriage of King with Anne Boleyn declared
void from the beginning, 614. King's Marriage with Jane Seymour, 614. Lord
Chancellor's Speech to the Two Houses, 615. Speaker Rich out-flatters the
Chancellor, 617. Act giving King Power to dispose of Crown, &c., 617.
Fresh Contest between Rich and Audley in flattering the King, 618. Chan
cellor created a Peer, 618. Presides at Trial of Marquess of Exeter and Lord
Montague, 618 The Lord Chancellor solicits a Recompence for the Infamy he
had incurred, 619. Grant in consequence, 621. He is made Knight of the
Garter, 621. A Parliament, 622. Chancellor's Speech, 622. "Bloody Bill of
the Six Articles," 622. Act regulating Precedence, 623. Act giving King's
Proclamation force of Law, 623. King's Marriage with Anne of Cleves, 623.
Fall of Cromwell, 624. Chancellor's Plan to attaint Cromwell without hearing
him in his Defence, 625. King's Marriage with Anne of Cleves dissolved, 626.
Disgraceful Conduct of Crariraer in Divorce of Anne of Cleves, 627. Eastern

XXVIU CONTENTS.
Custom of Prostration introduced, 628. Chancellor dissolves " Long Parlia
ment," 628. His Impartiality in Persecution, 628. King's Contentment with
Queen Catherine Howard, 629. Her Incontinence discovered, 629. Opinion
of the Judges upon her Case, 629. A Parliament, 630. The Chancellor's
Speech, 630. BiU of Attainder against the Queen, 631. Execution of the
Queen, 633. Act requiring Spinster whom King asks in marriage, if not Maid,
to disclose her Shame, 633. Terror of young Ladies at Court, 633. King
marries a Widow, 633. Queen Catherine Par, 634. A Parliament, 634. Suc
cession to Crown, 634. Audley's last Illness, 635. Resigns the Great Seal, 63^.
Letter proposing Marriage between his Daughter and the Son of Sir Anthony
Denny, 636. His Death, 637. His Career, 637. His Character, 637. His
Epitaph, 638. His Descendants, 638.

CHAPTER XXXV.
LIFE OF LORD CHANCELLOR WRIOTHESLEY FROM HIS BIRTH TILL THE DEATH OF
HENRY VIII.
Character of new Chancellor, 640. His Descent, 640. Renounces Heraldry, 640.
Is called to the Bar, 640. Obtains Office in Common Pleas, 640. Made
Secretary of State, 640. Opposed to Reformation, 641. Ambassador to ne
gotiate the King's Maniage, 641. Succeeds Cromwell as chief Minister, 641.
His Dismay on the Detection of the Catholic Queen, Catherine Howard ; and
the King's Marriage with the Protestant Queen, Catherine Par, 641. His
Plans against the new Queen, 642, He is made Lord Keeper, 642. His Ab
juration of the Pope, 643. Lord Chancellor, 644. His Installation, 644. His
Deficiency in Law, 644. A very incompetent Judge, 644. His Unhappiness,
645. He tries to study Equity, 645. Commission to assist him in hearing
Causes, 645. His relentless Bigotry, 645. Ann Ascue tortured and burnt by
the Lord Chancellor, 645. The Chancellor's offer of Pardon to Anne Ascue,
647. His Attempt against the Queen, 647. Prosecution ordei=ed against the
Queen, 648. Her Terror, 648. Her Discretion, 649. King reconciled to her,
649. Chancellor coming to arrest her, is reprimanded, 650. Chancellor made
Knight of the Garter, 650. A Parliament, 650. Appointment of Custos
Rotulorum taken from the Great Seal, 651. King's Speech after Chancellor's,
65!. King's Illness, 651. Chancellor makes the King's Will, 652. Prosecution of
Duke of Norfolk and Lord Surrey, 652. Execution of Surrev, 653. Attainder
of Duke of Norfolk, 653. Death of Henry VIII., 654. 'Tears of the Chan
cellor, 654. Juridical Review of Reign of Henry VIIL, 655. Statutes, 655.
Commission to hear Causes, 655. Reports, 655.

CHAPTER XXXVL
CONCLUSION OF THE LIFE OF LORD CHANCELLOR WRIOTHESLEY,
Edward VI. proclaimed, 656. Wriothesley expects to retain Great Seal and to
have the chief Power during King's Minority, 656- Somerset Protector 656
Young King's first Appearance in public, 657. Honours conferred bv the
Executors on themselves, 658. Wriothesley made Earl of Southampton 658
Intrigues in the Council, 658. Charge against Wriothesley for issuing an illeo-ai
Commission, 659. His Defence, 660. He submits, 660 He Ts deorived of
the Great Seal, and expelled from the Council, 660. New Powers to Protector,
66 . 'W-riothesley two Years in Retirement, 651. Unpopularity of Protector
661. Wriothesley restored to the Council, 661. ProceedmL l^J t T'
Protector 662. He is committed to Tower, 662. WriotreitpT ^ en ^v
supreme Power, 662. Sftperseded by Earl of Warwick 663 FT?.- p''^
Public Life, 663. His Death. 663.^^ His Char/ct:? 'srHi" D^^i^rdl^

LIVES

LORD CHANCELLORS OF ENGLAND.

INTRODUCTIOK

OF THE ORIGIN, FUNCTIONS, AND JURISDICTION OF THE OFFICE
OF LORD CHANCELLOR IN ENGLAND.
Before entering upon the Lives of the Individuals who
have successively filled the office of Lord Chancellor in
England, I propose to take a general view of Its origin,
functions, and jurisdiction, — reserving for future considera
tion a more detailed account of the progressive changes which
It has from time to time undergone.
The etymology of the word " Chancellor " sheds such a Etymology
feeble and doubtful light on the subject of our Inquiry, that ?f^°^^
I must decline engaging In the great controversy, whether cellor."
" Cancellarlus" be derived from " cancellare" or "cancelll?"
— from the act of cancelling the king's letters patent when
granted contrary to law, or from the little bars for fencing off
the multitude from the recess or chancel in which sat the
door-keeper or usher of a court of justice. Of the former
opinion, a distinguished champion is John of Salisbury, who
flourished in the reign' of Henry II., and in the verses pre
fixed to his Polycratlcon thus glorifies the Chancellor :
" Hie est qui leges regni cancellat iniquas,
Et mandata pii principis squa faoit. " *
So when Lord Chancellor Gardyner, In th& reign of Queen
* See 4 Inst. 88. 3 Bl. Com. 47.
VOL. L B

LORD CHANCELLORS OP ENGLAND.
Mary, presiding on the woolsack. In the -sight of all the
Lords, cut off from a bill certain clauses to which the
Commons had dissented, he said, " I now do rightly the
office of a Chancellor."*
But more weight will probably be attached to the authority
of Gibbon, who, after exposing the profligate conduct of the
Emperor Carlnus in having selected his favourites, and even
his ministers, from the dregs of the populace, and Intrusted
a "' Chancellor " with the government of the city, observes,
" This word, so humble in its origin, has by a singular fortune
risen into the title of the first great office of state in the
monarchies of Europe." f
It would likewise be foreign to our purpose (though very
curious) to trace the steps by which, under the later Roman
Emperors, the " Cancellarlus," like " the Justice-clerk " in
Scotland, from being a humble scribe or secretary, came
to be invested with high judicial powers, l^or should I be
justified In Inquiring how the office passed from the Koman
Emperors to that body ever emulous of Imperial state — the
Roman Church, In which every bishop had his " Chancellor,"
— or into the manner in which the office was established,
with a great variety of powers and duties, in the difierent
states on the continent of Europe founded by the Northern
* " Die Veneris videlicet, 4°. Januarii," (1 & 2 Ph. & Mar. 1554-5.)
" Hodie allatEB sunt a Domo Communi tres Billie : quarum
" Prima. — For the repealing of all outlawries and other attainders had or
made against Richard Pate, Bishop, William Peytoo, and others.
" Secunda.— Thai persons dwelling in the country shall not sell divers wares
in cities and towns corporate, by retail.
" Tertia. — Repealing all statutes, articles, and provisions made against the
See Apostplick of Rome since the 20th year of King Henry the Eighth ; and for
the establishment of all spiritual and ecclesiastical possessions and hereditaments
conveyed to the laity, with two new provisoes added thereto by the Commons;
and also a request that the two clauses, containing nineteen lines, and concerning
the Bishops of London, &c., and the Lords Wentworthe, &c., should be clearly
put out. Whereof one of the provisoes, for the manner of the penning thereof
beingmisl.kedtothe House another to the same effect was commanded to be
drawn, which being three times read, and agreed unto by the whole House,
except the Viscount Montacute and the Bishops of London, and Coven, and
Lichef. w^sent down to the Commons, where being also thrice read and
agreed unto, it was brought up agam as an act fully assented unto by both
Houses; nor the smd nineteen Imes were not razed nor taltm n„f „f ti .<^ i.
the ChanceUor, in the sight of all the Lords, with aTn^eZ:li%t'J^,
™[t'p. 48T " '""" "' °"'" °' " CHANCELLOR. '"-LoJds^'^o'urnZ
t Dec. and Fall, ii. 99. ; and see Casaubon and Salmasius ad Hist. Aug. 253,

INTRODUCTION. 3
invaders, who, clinging to their own institutions, were fond of
borrowing titles from the conquered. Our business here is
exclusively with "the Chancellor of the Kings of England."
This office has existed from the most remote antiquity. Antiquity
The almost fabulous British King Arthur is said to have En°knd'"
appointed a Chancellor.* The Anglo-Saxon monarchs, from
Ethelbert downwards, certainly had such an officer, although
we must not therefore assent to the statement of Lord
Coke, that the Chancery dispensed justice as an ordinary
tribunal. In the remote reign of King Alfred. The office
then existed, but, as we shall see hereafter, centuries elapsed
before It assumed the functions of a Court. — How the
office originally sprung up in England, and what it has since
become, it will now be my endeavour to describe.
With us the King has ever been considered the fountain Original
of justice. In very early times, as he could not himself in chancellor
person decide all controversies and remedy all wrongs, tri- *¦<> frame
bunals were constituted, over which deputed judges presided, ^" ^'
to carry the law into execution. Still, applications were
made to him personally by injured parties for redress ; these
were to be referred to the proper forum, and process was to
be made out for summoning the adversary, and directing
that after both sides had been heard, the appropriate relief
should be administered. To assist him in this department
the King employed a secretary, on whom by degrees It was
entirely devolved, and this officer, on a statement of facts
by the complainant, framed writs or letters, in the king's
name, to the judges, by which suits were instituted. Forms
were adopted, to be always followed under similar circum
stances, and a place was named to which all suitors might
resort t6 be furnished with the means of obtaining justice.
This was the offtcina justitice called Chancery, and the
officer who presided over it was called Chancellor.^
* Mirror of Justices.
f " Every one was to have a remedial writ from the King's Chancery, accord
ing to his plaint," of which the following is the most ancient form : —
" Rex, &c." [to the Judge]. " Questus est nobis A. quod B., &c. Et ideo
tibi (vices nostras in hac parte committentes) prascipiraus quod causam illara
audias et legitimo fine decidas." — Mirror of Justices, 8. See Fritzhert. Nat.
Brevium. B 2

4 LORD CHANCELLORS OF ENGLAND.
And royal Again, grants of dignities, of offices, and of lands, were
^'^*" ^' made by the king. It was necessary that these grants should
be framed and authenticated by an officer well versed in the
laws and customs of the kingdom; and it was found con
venient to employ for this purpose the same person who
superintended the commencement of suits between subject
and subject. Here we have the other great branch of tb6
pristine duties of Chancellor.
Custody of These writs and grants in the earliest times were verified
merely by signature. Erom the art of writing being little
known, seals became common; and the king, according to
the fashion of the age, adopted a seal with which writs and
grants were sealed. This was called the Great Seal, and
the custody of it was given to the Chancellor.*
Chancellor But how are we to account for the Important function
khig'^con- which has Immemorlally belonged to this officer, of " Keeper
science. of the King's Conscience ? " From the conversion of the
A.D. 596. Anglo-Saxons to Christianity by the preaching of St. Au
gustine, the king always had near his person a priest, to
whom was Intrusted the care of his chapel, and who was his
confessor. This person, selected from the most learned and
able of his order, and greatly superior in accomplishments
to the unlettered laymen attending the Court, soon acted
as private secretary to the king, and gained his confidence in
affairs of state. The present demarcation between civil and
ecclesiastical employments was then little regarded, and to
this same person was assigned the business of superintending
writs and grants, — with the custody of the great seal.
formerly"" ^°^ ^^®® *° ^°^^ *^® Chancellor had no separate judicial
subordinate powcr, and was not considered of very hlgh-dlgnlty In. the
°J^^^^-^^ state, and the office was chiefly courted as a stepping- ston^l
judicial to a bishopric, to which It almost Invariably led. Particular
individuals holding the Great Seal acquired a great ascend*
ency from their talents, but among the Anglo-Saxons the
Chancellor was not generally a conspicuous member of the
government, and In the early Anglo-Norman reigns he ranked
vLA^^' generally been supposed that Edward the Confessor ivas the first
English sovereign who used a seal; but Dugdale shows that tl,»Z
grants under seal as far back as King Edgar. Dug Off ch 2 "^ """^

power.

INTRODUCTION. . 5
only sixth of the great officers under the Crown, coming after
the Chief Justiciar, the Constable, the Mareschal, the
Steward, and the Chamberlain. At this time the Chief
Justiciar was by far the greatest subject, both In rank and
power.* He was generally taken from among the high here
ditary barons ; his functions were more political than judicial ;
he sometimes led armies to battle ; and when the Sovereign
was beyond the sea, by virtue of his office, as regent he
governed the realm. t
The office of Chancellor rose into importance from the
energy of A'Becket, Longchamps, and other ambitious men
who held \t\; but it was only in the end of the reign of
Henry III. or the beginning of the reign of Edward I., that
its supremacy was established. Till then the Aula Regia
existed, in which the Chief Justiciar presided, and In which
all causes of Importance, of whatever description, were
decided. The origin of the different courts in Westminster Hall, Common-
. 1 1. • 1 TIT . law juris-
as they now exist, may be distinctly traced to the disruption diction of
of this great tribunal — like the formation of the planetary Chancellor.
system from the nebulous matter of which some philoso
phers tell us It is composed.. The Chancellor always sat as
a jnember of the Aula Regia, and from his usual duties and
occupations he must have been Its chief legal adviser. § In
* Mad. Exch. b. 1.
t Hence comes the title of the " Lords Justices," appointed to represent
the King in England in the reigns of George I. and George II. ; and of the
" Lords Justices" now appointed to act in Ireland in the absence of the Lord
Lieutenant. There was likewise from very remote times a Grand Justiciar in Scotland
^ith very arbitrary power. In that country when the Judges going the circuit
approach a royal burgh, the Lord Provost universally comes out to meet
them  with the exception of Aberdeen, — of which there is by tradition this
explanation. Some centuries ago, the Lord Provost, at the head of the ma
gistrates, going out to meet the Grand Justiciar at the Bridge of Dee, the
Grand Justiciar, for some imaginary offence, hanged his Lordship at the end of
the Bridge, — since which the Lord Provost of Aberdeen has never trusted
himself in the presence of a Judge beyond the walls of the city. — Ex relatione
of a very venerable person who has filled the office — now called Lord Justice
General. \ the ofifice of Chancellor in France appears to have risen into great im
portance by the same means. " Magnitudinem virorum qui eo munere [Can-
cellarii] fungebantur, vires decusque illi attulisse crediderim, ut ab exigiiis
initiis ad tantam majestatem pervenerit. "—Paa?. Encycl. de rebus gestis Francon.
p. 104. a. . . J ,
8 He was wont to act, together with the Chief Justiciar and other great men,
in matters of revenue at the Exchequer, and sometimes with the other jus-
B 3

d. LORD CHANCELLORS OE ENGLAND.
all probability, early in its history, the different branches of
judicial business which came before it were allotted to the
consideration of particular members most conversant with
them ; and while matters of chivalry might be decided by the
opinion of the constable and mareschal, the validity of the
king's grants would be referred to him whose duty It was
to authenticate them, and proceedings by virtue of mandatory
writs or commissions, under the Great Seal, could best be
judged of by the same person who had issued them. So,
questions arising out of "petitions of right," "monstrans de
droit" and "traverses of office," — where a complaint was
made that the King had been advised to do any act, or was
put in possession of any lands or goods, to the prejudice of
a subject, would be naturally referred to "the Keeper of his
Conscience." *
The officer to whom such references were made by degrees
became a separate judge; and hence the origin of what is
considered the common-law jurisdiction of the ChanceUor.
It Is certain, that almost Immediately after the esta-:
bllshment of the Court of King's Bench for criminal law,
the Common Pleas for civil suits, and the Exchequer for the
revenue, all extraordinary cases of a juridical nature being
reserved for ihe King in council, — the Chancellor held_ a
separate independent court, in which the validity of royal
grants was questioned by scire facias, and the other matters
were discussed which I have supposed to have been previously
referred for his opinion, to guide the decision of the Aula
Regia. To assist in this new separate jurisdiction, officers
were appointed, and they had the privilege of suing and
being sued in all personal actions in the court to which they
were attached. These proceedings were carried on In accor
dance with the rules and maxims of the common law.
Here then we have the Chancellor with two great occupa-
ticiars itinerant in their circuits. About the beginning of King Henrv the
Second's reign, there were pleas m the county of Kent holden " before the King's
Chancellor, and before Henry de Essex the King's Constable," and « before the
Chancellor and the Earl of Leicester." 4merciaraents were set upon several
persons m Worcestershire by " the Chancellor and Stephen de Seerave • " and
in the counties of Nottingham and Derby by the same persons. _ Madd'. Exch.
* Gilbert's History of the Exchequer, p. 8.

INTRODUCTION. 7
tions : — the first, his earliest one, of supplying writs to
suitors who wished to litigate in other courts; the second,
the decision of a peculiar class of suits as a judge. Accord
ing to ancient simplicity, the place where he carried on the
business of his office was divided between the " Hanniper "
or hamper, in which writs were stored up ; and the " Petty-
bag," in which were kept the records and proceedings in the
suits to be decided by himself* Thus did the Chancellor
decide all matters of law that might arise by his own au
thority, subject to a writ of error to the King's Bench ; but
he had no power to summon a jury; and issue being joined
on a question of fact, he at once handed over the record to the
King's Bench, where the suit proceeded, and was finally dis
posed of.f
This " common-law jurisdiction " of the Chancellor has Equitable
been generally carried back to the reign of Edward I. — by {"oa^^°'
some much higher, — and the validity of it has never been
questioned ; — but his " Equitable Jurisdiction," which has
become of infinitely greater Importance, has been supposed
to be a usurpation, and not to have been exercised till the
reign of Richard II., upon the Introduction of uses and trusts
of real property, and the invention of the writ of subpoBna
by John of Waltham, Bishop of Salisbury. After much
Investigation, I must express my clear conviction, that the
Chancellor's equitable is as indubitable and as ancient as
his common-law jurisdiction, and that It may be traced in a
manner equally satisfactory.
The silence of Bracton, Glanvil, Fleta,and other early Objections
juridical writers, has been strongly relied upon to disprove qu;tv*of
the equitable jurisdiction of the Chancellor ; but they as little equitable
notice his common-law jurisdiction, most of them writing tbi! '"'

* Even now a distinction is mdde between the " hanniper " side and the
" petty bag " side of the court.
f I have followed the authority of Blackstone ( Com. vol. iii. 49. ) ; but
Mr.' Macqueen, in his very learned and valuable treatise " On the Appellate
Jurisdiction of the House of Lords," has collected weighty decisions and
arguments to show that the writ of error from the petty-bag or common-
law side in Chancery is directly to Parliament, and that when the issue of fact
has been determined in the King's Bench, the record goes back to the Court of
Chancery, where final judgment ought to be given. See p. 369. et seq. Ideo
qu(ere. B 4

o LORD CHANCELLORS OP ENGLAND.
during the subsistence of the Aula Regia ; and they all speak
of the Chancery, not as a court, but merely as an office for the
making and sealing of writs.* There are no very early
decisions of the Chancellors on points of law, any more than
of equity, to be found in the Year Books, or old Abridg
ments. It was formerly objected, that there were no Bills or
Petitions In Chancery extant of an earlier date than the time
of Henry VI., but by the labours of .the Record Commis*
sioners many have been discovered of preceding reigns. Till
the 17th Richard II., when the statute was made giving the
Chancellor power to award damages or costs to the defendant'
on the plaintiff's suggestions being proved to be false, there
was little use in filing or preserving them, and from that era
we have them in abundance.
Definition By " equitable jurisdiction" must be understood the extra-
of equitable ordinary Interference of the Chancellor, without common-
tion. law process, or regard to the common-law rules of proceeding,
upon the petition of a party grieved, who was without
adequate remedy In a court of common-law; whereupon
the opposite party was compelled to appear and to be exr
amined, either personally or upon written interrogatories; and
evidence being heard on both sides, without the interposition
of a jury, an order was made secundum cequum et bonum,
which was enforced by imprisonment. Such a jurisdiction
had belonged to the Aula Regia, and was long exercised by
Parliament t; and when Parliament was not sitting, by the
* The first law book which treats of the judicial powers of the Lord Chan
cellor is the " Diversity des Courtes," written in the end of the fifteenth or
beginning of the sixteenth century, tit. Chancery, fol. 296.
t' Audley V. Audley, 40 Edward III. This, the earliest instance I have foufid
of a suit for a specific performance, is fully reported in the close roll of that year.
By a deed executed m contemplation of the marriage of Nicholas son of James
Lord Audley he had covenanted to settle lands in possession or reversion to
the amount of 400 marks Af.er the marriage, Elizabeth, the wife, petitioned
the King in parhament that Lord Audley should be ordained to 4rform the
covenant. The King caused the defendant to come before the Chancellor, the
?rLadVtx^"frw:d'*fo°rh;ri^^^^^^^^^^^^
clared them by word of mouth ^^^ vro&.Z^'i^X^^: ^^ :^^^^^ %
demurrer put in on the part of the defendant was overnilpH- «r,Aa ¦
proceedings before the Chancellor and Treasurerfn the Councif nerf '^™"°"'.
the covenant was at last obtained. l^ouncU, performance' of
One of the most remarkable examples of Parliament acting as a cau.t nf
equity IS Wilham Lord Clynton's case, in the 9th of Hen. V., where Wil

INTRODUCTION. 9
king's ordinary council. Upon the dissolution of the Aula
Regia many petitions, which Parliament or the council could
not conveniently dispose of, were referred to the Chancellor,
sometimes with and sometimes without assessors. To avoid
the circuity of applying to Parliament or the Council, the
petition was very soon, in many Instances, addressed originally
to the Chancellor himself. For some ages these extraordinary
applications for redress were received by the Parliament, by
the Council, and by the Chancellor concurrently. The
Parliament by degrees abandoned all original equitable juris
diction, acting only as a court of appeal In civil cases, and
taking original cognizance of criminal cases on Impeachment
by the Commons ; but it will be found that the Council and
the Chancellor long continued equitably to adjudicate on the
same matters, and that there were the same complaints and
statutes directed against both.
From various caiises, however, the equitable jurisdiction Eitension
of the Council gradually declined. The proper and im- pf equitable
.,,.»,>,, 11 1 . 1 • c- J""sdiction
memorial business ot the Chancellor being the preparation oi of Chancel-
writs, where a case occurred to which no known writ was ^°^'
properly applicable, and in which the common-law courts
could not grant redress, he took it into his own hands, and
having heard both parties, gave relief. Again, where the
proceedings in the courts of law under writs which he had
Issued were grossly defective and Inequitable, he was naturally
called upon to review them, and to prevent judgments which
had been fraudulently obtained from being carried into effect.
Another source of equitable jurisdiction to the Chancellor, From in-
of considerable Importance, though little noticed, arose from ^^^^^^ "*
the practice of Inrolling In Chancery covenants and agree- under re-
ments, releases of right, and declarations of uses, and of cognizance.
securing the performance of these deeds by a recognizance
acknowledged before the Chancellor, and entered upon the
close rolls. On applications for writs of execution by reason
r
liam de la Pole, a feoffee to uses, was compelled to reconvey his lordship's
estates. This might possibly have proceeded on the ground of parliamentary
privilege. 1 believe the records of the Court of Chancery, although they
prove the exercise of the equitable jurisdiction of the Chancellor much further
back, do not show any example so early of compelling the execution of a trust.
R. P. 9 H. 5.

10 LORD CHANCELLORS OP ENGLAND.
of the alleged forfeiture of the recognizance, the Chancellor
was of course bound to hear both parties, and to make such
decree between them as justice required.
Fees, &c. For the sake of fees to the Chancellor and his officers,
great encouragement was given to suitors resorting to Chan^
eery, and from the distinguished ability of the men presiding
there, who were assisted by the Master of the Rolls and the
other masters, — ecclesiastics well skilled in the civil law,— -
the business was more systematically and effectively trans
acted than before the Council, which has ever been a tribunal
without fixity in its members or regularity in its proceedings.
These various causes combining, the equitable jurisdiction
of the Council feU into desuetude, like that of the Parlia
ment ; and In the Court of Chancery that admirable system
of equity which we boast of in England, and which with our
common law has been adopted by our brethren in America,
was gradually developed and matured.
It Is thus a great mistake to suppose that the clerical
expedient of a conveyance to uses, for the purpose of evading
the statutes of mortmain, gave rise to the equitable juris
diction of the Chancellor, or that he at first Interfered only
in cases of trust binding on the conscience. From the
researches of the Record Commissioners it appears that his
equitable jurisdiction was well established long anterior to
the time when such cases came before him, and that the
earliest applications to him for relief were from those who
suffered by direct violence and the combinations of great men,
against which they were unable to gain redress by the or
dinary process of law.* Then followed cases in which it
was neceessary to correct the absurdities of the common-law
judges, who in their own courts laid down rules utterly sub
versive of justice t, — or In which, from multiplicity of
parties, disability to sue. Intricacy of accounts, suppression
of documents, facts being exclusively in the knowledo-e of
O
» A. bill in Chancery still alleges "combination and confederacy," -which,
ir specially charged, ought to be denied by the answer
th.^J,^''/"'/"^™.^'^' *''** "^"^ ^^'''^ ^^' ^"""'^^'J °" a deed detained in
the hands of another, no action could be maintained ; that if a deed of grant
were lost, the thmg granted was lost with it; and that a man was liable to pay
money due by deed twice over, ,f on payment he had omitted to take an ac
quittance under seal. e an ac-

INTRODUCTION. 1 1
the adverse party, the importance of specific relief, and the
urgent necessity for preventing Irremediable damage to pro
perty, trial by jury and common-law process afforded no
adequate remedy. The maxim of the common-law judges,
that if a man accepted the conveyance of land as a trustee,
they could only look to the legal estate, and they would allow
him to enjoy It discharged of the trust, was not the earliest,
nor for a long time the most usual, ground for seeking relief
in equity. *
I must likewise observe, that there was not by any means Harmony
the constant struggle between the two jurisdictions of com- common
mon law and equity which Is generally supposed. At times, law and
from personal enmity, from vanity, from love of power, and * ^'
from love of profit. Chancellors and Chief Justices came Into
unseemly collision, and In this warfare they resorted un
sparingly to the artillery of injunctions, attachments, writs
of habeas corpus. Indictments, and prasmunlres. But, gene
rally speaking, the common-law judges co-operated har
moniously with the Chancellor, and recognised the distinction
between what might fitly be done in a court of law and in
a court of equity. He sometimes consulted them before
issuing a subpoena to commence the suit. In hearing causes.
If not satisfied with the advice of the Master of the Rolls
and the Masters in Chancery (his ordinary council), he was
from the earliest times in the habit of calling in the assistance
of some of them ; and questions of extraordinary importance
he adjourned into the Exchequer Chamber, that he might
have the opinion of all the twelve.f
For the benefit of the general reader I may here be per- Discretion
mitted to make a few observations upon the Chancellor's ^^^i^^^'
supposed prcetorian power} or nobile officium. It is a common
opinion that English equity consists in the judge acting iTpon
* Even so late as the reign of Charles IL it was vexata questio whether an
action on the case could be maintained by cestui que trust against the trustee.
See' Barnardiston v. Soame, 7 St. Tr. 443. ; 1 Vernon, 344. n.
'\ From this practice the decrees ran, Per curiam CanceUarits et omnes Justitia-
rios ; sometimes, Per decretum Cancellarii ex asseasu omnium Justitiarium at aliorum
de Concilii Domini Regis prcesentium. Again, Ideo consideratum est per curiam
de assensu Johannis Fortescue, Capitalis Justitiarii Domini Regis ad placita tenenda,
et diversorum aliorum Jiistitiariorum et servientium ad legem in curiae prcesentium.
— Sekl. Off Lord. Ch. § 3.

12 LORD CHANCELLORS OP ENGLAND.
his own notions of what is right, always softening the rigour
of the common law when he disapproves of It, and dispens-^
ing with the application to particular cases of common-law
rules allowed to be generally wise, — so that he may reach
justice according to the circumstances of each particular
case, in pursuance of the suggestion of Lord Bacon, —
"Habeant Curiae Praetorias potestatem tam subveniendi
contra rigorem legis quam supplendi defectum legls."* But
with us there Is no scope for judicial caprice in a court of
equity more than elsewhere. Our equitable system has
chiefly arisen from supplying the defects of the common
law, by giving a remedy in classes of cases for which the
common law had provided none, and from a universal disre
gard by the equity judge of certain absurd rules of the com
mon law, which he considers inapplicable to the whole cate
gory to which the individual case under judgment belongs, f
In former tinies unconscientious Chancellors, talking perpetu-'
ally of their conscience, have decided In a very arbitrary
manner, and have exposed their jurisdiction to much odium
and many sarcasms. % But the preference of Individual opinion
to rules and precedents has long ceased : " the doctrine of
the court " is to be diligently found out and strictly followed ;
and the Chancellor sitting in equity is only to be considered
a magistrate, to whose tribunal are assigned certain portions
of forensic business, to which he is to apply a weU-defined
system of jurisprudence,— being under the control of fixed
i maxims and prior authorities, as much as the judges of the
courts of common law. He decides "secundum arbitrlum
boni viri;" but when it is asked, " Vir bonus est quis?"
* De Augmentis Scient. Iviii. ; Aphor. 35.
¦K Notwithstanding the rudeness and defec'ts of the common law, we should
ever remember its favour to personal liberty, and its admirable machinery for
separating law and fact, and assigning each to a distinct tribunal; wherein it
excels all other systems of jurisprudence which have appeared. We should
likewise bear m mind that it offered many specific remedies, which, after the
improvement of equitable jurisdiction, fell into desuetude
t The most celebrated is the saying of Selden : " Equity is a roguish thing-
for law we have a measure. Equity is acc„r,i;r,n. *„ .1 ^ " "ft,"'"" ^"'"S •
who is Chancellor, and as that is llrger or narrowev I • T'^'Tf "^ ¦"¦"
as if they should make the standard^ for thrmru/e ^K Z*/'! "",°"'
cellor's foot.' What an uncertain measure wouM ThiT be ? o{ l" "'T"
has a long foot ; another, a short foot ; a third, an indifferent foot it ' '''?f "''^"°¦•
thing in the chancellor's conscience." - Table Tali ' " "'^ ^^""^

INTRODUCTION. 13
the answer is, "Qui consulta patrum, qui leges juraque
servat.* "
There was long great doubt and difficulty with respect Appeal
to the mode of reviewing the decrees of the Lord Chan- ^'"'^ Chan
cellor on the equity side of the court ; but, after a violent equity
parliamentary struggle, it was at last settled, in the reign of J"^g®-
Charles II., that an appeal lies from them to the House of
Lords. There are other judicial functions to be exercised, by the Habeas
Chancellor In his own court, which I ought to notice. In corpus and
conjunction with the common-law judges, he Is a guardian tions.
of personal liberty ; and any one unlawfully Imprisoned Is
entitled to apply to hira for a writ of HABEAS CORPUS, either
in term or In vacation, f So the Chancellor may at any time
grant Prohibitions to restrain Inferior courts from ex
ceeding their jurisdiction, though he listens with reluctance
to such motions when they may be made to the King's Bench,
whose habits are better adapted to this sort of business. |
The Chancellor has an exclusive authority to restrain a jje exeat
party from leaving the kingdom, where it appears that he Is regno-
purposely withdrawing himself from the jurisdiction of the
court, to the disappointment of honest creditors. This is
effected by the writ " ne exeat regno" Issuing under the great
seal ; — a high prerogsftlve remedy, which, as it affects per
sonal liberty, is granted with great circumspection, par
ticularly where foreigners are concerned. §
It Is the province of the Chancellor to Issue a writ under jurisdic-
the Great Seal " de coronatore eZz'o'ewffo," directed to the sheriff, ti"" o^er
Coroners.
* " The discretion of a judge is the law of tyrants : it is always unknown ;
it is different in different men ; it is casual, and depends upon constitution,
temper, and passion. In the best, it is oftentimes caprice; in the worst, it
is every vice, folly, and passion, to which human nature is liable." — Lord
Camden. See 2 Peer Wms. 752. ; 1 Bl. Com. 47. ; Story's Equity, i. 30. ; Maddocks'
Chancery, i. 29. ; Correspondence between Lord Hardwicke and Lord Kames ;
Tytler's Life of Lord Kames, 230. ; Cooper's Letters ; Sur la Cour de la
Chancellerie ; Abuses and Remedies of Chancery, by George Norbury ; Harg.
Law Tracts ; and two pieces concerning Suits in Chancery by Subpoena, temp.
H. VIIL, likewise in Harg. Law Tracts, and are both exceedingly curious.
+ Crawley's Case, 2 Swanst. 6.
I Per Lord Redesdale, 2 Sch. & Lef. 136. See 4 Inst. 81. ; 2 P. Wms. 202.
§ De Carricre v. Calonne, 4 Vess. 577. See Beames' Writ Ne exeat regno, and
Beames' Chancery Orders, p. 39.

14

LORD CHANCELLORS OP ENGLAND.

Criminal
jurisdic tion.

Bank
ruptcy.

Lunacy.

and requiring the freeholders of the county to choose a
coroner.* He also decides In the Court of Chancery ques
tions arising as to the validity of the election.! And upon
complaint against a coroner for neglect of duty, or upon an
allegation of incapacity, — as from being confined in prison,
or of Incompetency, as from mental derangement or habits
of extreme Intemperance, — the Chancellor may remove him
from his office.^
Anciently the Chancellor took cognizance of riots and
conspiracies, upon applications for surety of the peace : but
this criminal jurisdiction has been long obsolete, although
articles of the peace still may, and sometimes are, exhibited
before him.§
The Chancellor has a most important jurisdiction In
Bankruptcy, which arose partly from the commissions for
distributing the effects of Insolvent traders being under the
Great Seal, and partly from the powers directly given to him
by act of parliament. The proceeding is here generally by
Petition, In which case there Is no appeal ; but on questions
of difficulty the Court makes its equitable machinery ancillary
to this summary jurisdiction ; and, a Bill being filed, the
matter may be carried to the House of Lords. The weight
of this branch of business, which was at one time nearly
overwhelming, has been greatly lightened by the appoint
ment of permanent Commissioners and the_ Court of Review ;
but the Chancellor still retains a general superintendence over
bankruptcy. It has been a common opinion that the Chancellor has
no jurisdiction whatever in Lunacy by virtue of his office,
and that this jurisdiction is entirely derived from a special
authority under the royal sign manual, which might be con
ferred on any one else. But I clearly apprehend that a com
mission " de idiota," or " de lunatico inquirendo," would issue
at common law from the Court of Chancery under the Great

* F. N. B. 163. ; 1 Black. 347.
t Re Coroner Co. Stafford, 2 Russ. 475.
i ^"^ P?".t.^*'"^"' '.''^i* ^- 451- ; lix parte Pasley, 3 Drur. & War 34.
§ Tunmcliffe v. Tunmcliffe, a.d. 1823 ; Williams v. Williams, a.d 1841

INTRODUCTION. 1 5
Seal, and that the Lord Chancellor, without any special dele
gation for this purpose, would have authority to control the
execution of It, and to make orders for that purpose. The
sign manual takes its origin from stat. 17 Edw. 2. c. 9., by .
which the rents and profits of the estates of Idiots are given
to the Crown, and form part of the royal revenue. During
the existence of the Court of Wards and Liveries, the ma
nagement of the estates of idiots and lunatiqs was intrusted
to it, and since has been delegated to the Chancellor. Being
a fiscal matter, the warrant Is countersigned by the Lord
High Treasurer, or Lords Commissioners of the Treasury.*
* I was obliged to investigate this matter during the short time when I had
the honour to hold the great seal of Ireland. By an oversight, the usual war
rant under the sign manual respecting lunatics had not in the first instance been
delivered to me, but I found that I might safely make some orders in lunacy
before I received it. On such matters, perhaps the appeal ought to be to the
House of Lords, although the appeal respecting others comprehended in the
special delegation be to the sovereign in council. See 3 Bl. Com. 48. 427. ;
Story's Equity, ii. 542. ; In Re Fitzgerald, 2 Sch. & Lef. 432. 151.
As the form of the warrant throws some light upon the subject, and is
nowhere to be found in print, I subjoin a copy of that which was addressed to
me : —
" Victoria R.
" Right trusty and wellbeloved councillor, We greet you well. Whereas
it belongeth unto us in right of our royal prerogative to have the custody of
idiots, and their estates, in that part of our United Kingdom called Ireland,
and to take the profits thereof to our own use : And whereas such idiots and
lunatics, and their estates, since the erecting of the Court of Wards and Liveries,
have been in rule, order, and' government of that court, and upon the disuse
thereof are now in our immediate care, commitment, and dispose, which doth
occasion multiplicity of suitors and addresses to our own person ; We there
fore, for the ease of ourself, and of the said suitors, from the charge of attendance,
and considering that the writs of inquiry of idiots and lunatics are to issue out
of the Queen's Court of Chancery of that part of our said United Kingdom
called Ireland, and the inquisitions thereupon taken and found are returnable in
that court, have thought fit to intrust you with the care and commitment of the
custody of the said idiots and lunatics, and their estates. And we do by these
presents give and grant unto you full power and authority, without expecting
any further special warrant from us, from time to time to give orders and
warrants for the preparing of grants and custody of such idiots and lunatics,
and their estates, as are or shall be found by inquisition thereof taken or to be
taken, and returnable in our said High Court of Chancery ; and thereupon to
make and pass grants and commitments, under our Great Seal of that part of
our United Kingdom called Ireland, of the custodies of all and every such idiots
and lunatics, and their estates, to such person or persons, suitors in that behalf,
as according to the rules of law and the use and practice in those and the like
causes you shall judge meet for that trust, the said grants and commitments to
be made in such manner and form as hath been heretofore used and accustomed,
and to contain such apt and convenient covenants, provisions, and agreements,
on the parts of the committees and grantees to be performed, and such security
to be by them given as shall be requisite and heedful. And for so doing,

16 LORD CHANCELLORS OF ENGLAND.
So much may for the present suffice respecting the forensic
character of the Lord ChanceUor ; and I now proceed to give
a rapid sketch of his other functions.
Chancellor It is Said by Sclden that the Chancellor Is a privy coun-
TMt^ex officio gj^Qj, ijy virtue of his office; but this can only mean that
Councillor, hc Is entitled to offer the king advice, as any peer may do ;
— not that by the delivery of the Great Seal to him he Is in
cidentally constituted a member of the Privy Council, with
the powers lawfully belongihg to the office of a privy counr
cillor ; for no one can sit In the Privy Council who Is not by
the special command of the Sovereign appointed a member of
it; and, as far back as can be traced, the Lord Chancellors
who were not privy councillors previous to their elevation
have been sworn of the Privy Council, like other great officers
of state."*
Speaker of He certainly Is ex officio Prolocutor or Speaker of the
^°'' ^- House of Lords, whether he be a peer or not. Without
any commission or express authority for the purpose, he
always presides there when present. This privilege Is said
to belong to him by prescription, and he has enjoyed it many
centuries, althotigh in the reigns of Richard I., John, and
Henry III. (within time of legal memory) it was exercised
by the Chief Justiciar. The Crown may by commission
name others to preside In the House of Lords In the absence
of the Chancellor ; and, no speaker appointed by the Crown
being present, the Lords of theii: own authority, may choose
one of themselves to act as speaker, — which they now often
do in hearing appeals; — but aU these speakers are imme
diately superseded when the Chancellor enters the House.f
this shall be your warrant. Given at our palace at Buckingham House, this
16th day of July, 1841. In the fifth year of our reign. By Her Majesty's command,
" To our right trusty and wellbeloved councillor T W Cowper
John Baron Campbell, our Chancellor of that L J BAiuNr ''
part of our United Kingdom called -Ireland. f w Tni-^F^r
" Entered at the Signet Office, the sixteenth day of July, 1841
" Bridges Taylor, Deputy."
•" See Selden's Office of Lord Chancellor Sq Tf i,„„ ii , 'j , ^
the T nr^ TVTo,.™ ,>f T „„j • '^"""i-euor, g A. It has often been said that
the i.ord Mayor of London is a privy councillor by virtue of his office but for
t Lord Chief Baron Gilbert suggests that the Chancellor sits on the woolsack '^

INTRODUCTION. 17
By 25 Edw. III. c. 2., to slay him in the execution of his Protection
office Is high treason. By 31 Hen. VIII. c. 10., he has prece- dencf™^"
dence above all temporal peers, except the king's sons, nephews,
and grandsons, whether he be a peer or a commoner. If he
be a peer, he ought regularly to be placed at the top of the
dukes' bench, on the left of the throne ; and if a commoner,
upon " the uppermost sack in the parliament chamber, called
the Lord Chancellor's woolsack." * For convenience, here he
generally sits, though a peer, and here he puts the question,
and acts as prolocutor ; but this place is not considered within
the House, and when he Is to join In debate as a peer, he
leaves the woolsack, and stands In front of his proper seat, at
the top of the dukes' bench.
If he be a commoner, notwithstanding a resolution of Chancellor
the House that he Is to be proceeded against for any miscon- ^^.^"-^ ^°'^
duct as if he were a peer, he has neither vote nor deliberative Lords un-
voice -f, and he can only put the question, and communicate ^ * ^^'"^'
the resolutions of the House according to the directions he
receives. I •
From very early times the Chancellor was usually employed Anciently
on the meeting of a new parliament to address the two Houses ^^^ Houses
In the presence of the King, and to explain the causes of ^t meeting
their being summoned, — although this was In rare Instances ment.
as steward of the King's Court Baron, and draws an ingenious but fanciful
parallel between the Court Baron of a manor and the House of Lords. Gilb.
Ev. 42.. — By an old standing order of the House of Lords, his constant at
tendance there is required.
* There are woolsacks for the Judges and other assessors, as well as for'the '
Lord Chancellor. They are said to have been introduced into the House of
Lords as a compliment to the staple manufacture of the realm ; but I believe
that in the rude simplicity of early times a sack of wool was frequently used
as a sofa — when the Judges sat on a hard wooden bench, and the advocates
stood behind a rough wooden rail, called the bar.
t From the manner in which the journals are kept, it might have been in
ferred that the Chancellor, or Keeper of the Great Seal, though a commoner,
was considered a member of the House. Thus, in the times of Sir Nicholas
Bacon, his presence is recorded as if he were a peer, under the designation of
" Custos Mag. Sig. ; " and the same entries continued to be made with respect
to Sir N. Wright and Sir R. Henley. So, on the 22d Nov. 1830, there is an
entry in the list of peers present, " Henricus Brougham Cancellarius," but he
had no right to debate and vote till the following , day , when the entry of his
name and office appears in the same place, " Dominus Brougham et Vaux
Cancellarlus.'.' ^ Lord Keeper Henley, till raised to the peerage, used to complain bitterly
of being obliged to put the question for the reversal of his own decrees, without
being permitted to say a word in support of them.
VOL. I. C

18

LORD CHANCELLORS OP ENGLAND.

Trial of
peers, and
impeach ments.

Star Cham
ber.

done by the Chief Justice of the King's Bench, and by other
functionaries. *
Whether peer or commoner, the Chancellor is not, like the
Speaker of the Commons, moderator of the proceedings of
the House In which he seems to preside ; he is not addressed
in debate ; he does not name the peer who Is to be heard ;
he is not appealed to as an authority on points of order ; and
he may cheer the sentiments expressed by his colleagues in
the ministry, f
On the trial of a peer for treason or felony, either before
the House of Lords or before selected peers when parliament
not sitting, the presidentship of the Lord Chancellor Is

IS

suspended, and a Lord High Steward Is specially appointed
pro hac vice by the Crown. This arose from the Lord Chan
cellor, in early times, being almost always an ecclesiastic,
who could not meddle In matters of blood. Since the Chan
cellor has been a layman, he has generally been nominated
Lord High Steward ; but then he becomes " His Grace," and
presides In a different capacity.:^ On the Impeachment of com
moners (which can only be for high crimes and misdemeanors §)
he presides as In the ordinary business of the House.
The Chancellor was once a most Important criminal
judge, by ruling the Court of Star Chamber ; and, while this
arbitrary tribunal flourished In the plenitude of Its power
under the Tudors and Stuarts, with a view to proceedings
here rather than in the Court of Chancery was the Great
Seal often disposed of; — but since the abolition of the Star
Chamber, he has been released from taking any part in cri
minal proceedings, unless on the rare occasions of impeach
ments, and the trials of peers. ||

* See Elsynge on Parliaments, p. 137.
t This arises from a proper distrust of a Speaker holding his office during
the pleasure of the Crown, and necessarily an active political partisan; but most
inconvenient consequences follow from there being no moderator in an assembly
which IS supposed to be the most august, but is probably the most disorderly
in the world. ' '
A "ri*" t''*^' «• "/c*"" ^^1^ °'' C^'i'g^". Lord Denman was appointed
and acted as Lord High Steward, on account of the temporary illness of L6rd
Chancellor Cottenham. '
and North"'"^ '" Fitzharris's case, Temp. Car. IL See Lives of Shaftesbury
II Various statutes, now repealed, delegated to the Chancellor functions in aid

INTRODUCTION.

19

Since the Institution of justices of the peace in the reign Chancellor
of Edward III., instead of the conservators of the peace for- ^pp?'"'^ ^
, , ^ justices of
merly elected by the people, — to the Lord Chancellor has peace.
belonged the power of appointing and removing them
throughout the kingdom.* Upon this important and deli
cate subject, he generally takes the advice of the Lord Lieu
tenant, or Custos Rotulorum, in each county ; but when any
extraordinary case arises, it Is his duty, and his practice, to
act upon his own judgment.
He nominates," by his own authority, to many important Patronage
offices connected with the administration of justice, and he Is
by usage the adviser of the Crown In the appointment to
others still more important, — Including the Puisne Judges in
the three superior courts In Westminster Hallf, and the
Masters in Chancery. J
He is patron of all the king's livings of the value of 201.
and under, in the king's books. § These he was anciently
obliged to bestow upon the clerks In Chancery, King's Bench,
Common Pleas, and Exchequer, who were all in orders ; but

of the criminal law. Thus by 2 H. 5. st. 1. c. 29. he was enabled to issue
writs of proclamation in cases of bloodshed; and by 35 H. 6. c. 1. the like
power was granted to him for the apprehension of fugitive servants embezzling
the goods of their masters, to be exercised with the advice of the Chief Justice
of either Bench, or of the Chief Baron of the Exchequer. Till the late new
modelling of the courts of error, he likewise, by 31 E. 1. t. 12., sat in the
Exchequer Chamber, to decide writs of error from the Court o£ Exchequer.
He is now ex officio a member of the Central Criminal Court, and of the
Judicial Committee of the Privy Council ; but he is not expected to attend
in the former, and iii the latter only in cases of great difficulty. Till the acces
sion of the present Queen, the Chancellor had a most painful duly to perform,
in advising on the report of the Recorder of London in what cases the law
should be aUowed to take its course ; but convictions in the metropolis are
now left as those at the Assizes with the Judges and the Secretary of State.
7 W. 4. & 1 Vic. c. 77.
* See 1 Ed. 3. stat. 2. c. 16.; 28 Hen. 6. c. 11.
•f- Lord Eldon likewise claimed the patronage of the office of Chief Baron,
as belonging to the Great Seal ; but this, since the Court of Exchequer was re
formed, has been supposed to belong to the Prime Minister, — of coursCj with
the concurrence of the Cabinet and the Sovereign.
:|: By 3 & 4 W. 4. c. 94. ». 16., Masters in Chancery are now appointed by
letters patent under the Great Seal ; but the nature of the office remains un
changed. When, as a little check on cancellarian favouritism, the mode of
appointing a Master in Chancery was changed from the Chancellor putting on
his hat in Court to a nomination by the Crown, it was expressly stated that
the patronage was to continue with the Chancellor, and not to be transferred
to the Prime Minister.
§ The limit used to be twenty marks ; but since the new valor beneficiorum in
the time of Henry 'VllJ. pounds are supposed to have been substituted for marks.
c 2

20

LORD CHANCELLORS OE ENGLAND.

Visitor.

Other
functions.

Office of
" Keeper of
the Great
Seal."

he can now dispose of them according to his notions of what
Is due to religion, friendship, or party. >
He is visitor of all colleges and hospitals of royal found
ation; and representing the Sovereign as parens patricB, he
has the general superintendence of aU charitable uses, and is
the guardian of all Infants who stand in need of his pro
tection. The custody of the royal conscience may possibly be con
sidered one of the obsolete functions of the Chancellor, for
he Is no longer a casuist for the Sovereign as when priest,
chaplain and confessor, and It Is now merely his duty, like
other sworn counsellors, to give honest advice, for which he
is responsible in parliament. I may observe, however, that
the Chancellor has in all ages been an important adviser of
the Crown in matters of state as well as a great magistrate.
The Chancellor in former times was frequently prime
minister ; and although the Earl of Clarendon In the reign
of Charles II. is the last who ostensibly filled this situation,
his successors have always been members of the Cabinet, and
have often taken a leading part, for good or for evil, in
directing the national councils.
There Is a distinction which It may be convenient that
I should explain between the title of "Chancellor" and
" Keeper of the Great Seal." As we have seen, there was
In very early times always an officer called the Chancellor
KUT s^oxvv, or " King's Chancellor," to distinguish him from
the Chancellor of bishops or In Counties Palatine. He
generally was Intrusted with the personal custody of the
Great Seal ; but occasionally while there was a Chancellor
the seal was delivered to another person who was called
" Custos slgiUi," or "Vlcecancellarius," and 4Id all the duties
of the office connected with the sealing of writs and grants,
and the administration of justice, — accounting for all fees and
perquisites to the Chancellor. In the 28th of Henry III. a
statute passed to check this practice. "Si rex abstulerit
sigUlum a Cancellario, quicquld fuerit Interim sigiUatum
irritum habeatur." However, the attempt to prevent such a
deputation soon failed. ChanceUors going upon embassies,
or visiting their dioceses, or laid up by long sickness, could
not themselves use the seal, and were unwilling to surrender

liNTRODUCTlON. 21
the office to a rival, from whom there might have been great
difficulty in recovering It when he had tasted Its sweets.
Wherefore, In defiance of the law, — on all such occasions
while they retained the favour of the Sovereign, they handed
over the seal to a " lieu-tenant " from whom they could at
any time demand It back. By-and-by, between the death, re
signation or removal of one Chancellor and the appointment
of another, the Great Seal, instead of remaining in the personal
custody of the Sovereign, was sometimes Intrusted to a
temporary keeper, either with limited authority (as only to
seal writs), or with all the powers, though not with the rank,
of Chancellor. At last, the practice grew up of occasionally
appointing a person to hold the Great Seal with the title of
" Keeper," where- it was meant that he should permanently
hold it in his own right and discharge all the duties belong
ing to it. Queen Elizabeth, ever sparing in the conferring -
of dignities, having given the Great Seal with the title of
" Keeper " to Sir Nicholas Bacon, objections were made to
the legality of some of his acts, — and to obviate these, a
statute was passed * declaring that " the Lord Keeper of the
Great Seal for the time being shall have the same place,
pre-eminence, and jurisdiction as the Lord Chancellor of
England." Since then there of course never have been a
Chancellor and Keeper of the Great Seal concurrently, and
the only difference between the two titles Is, that the one
is more sounding than the other, and is regarded as a higher
mark of royal favour. During the seventeenth and eighteenth
centuries there were various Instances of the Great Seal
being delivered to a " Lord Keeper," who not rarely, for
acceptable service, has been raised to the dignity of "' Lord
Chancellor ; " but since the commencement of the reign of
George IIL, the title of " Lord Chancellor " has always been
conferred in the first instance with the Great Seal, and
" Lord Keepers " probably wIU be seen no more.
We have still to treat of "Lords Commissioners of the Great Lords
Seal," whom it may continue convenient to appoint. From sioMS'of
very early times there had been a custom of occasionally Cireat
giving the Great Seal Into the joint custody of several persons,
* 5 Eliz. «. 18.
0 3

22

LORD CHANCELLORS OP ENGLAND.

Present
title of
Lord Chan
cellor,

Mode of
appoint-

who held it under the Chancellor, or while the office was
vacant. Immediately after the Revolution, in 1689, Serjeant,
Maynard and two other lawyers were appointed by a com
mission under the Great Seal to execute the office of Lord
Chancellor. Doubts were started as to their powers and
precedence, which gave rise to the statute 1 W. & M. c. 21.,
enacting " that commissioners so appointed should have all,
the authority of Lord Chancellor or Lord Keeper, one of
them being empowered to hear Interlocutory motions, and
the presence of two being required at the pronouncing of a
decree or affixing the Great Seal to any Instrument ;'— the
commissioners to rank next after peers and the Speaker of
the House of Commons."
On the union with Scotland, the Chancellor was designated
" Lord High Chancellor of Great Britain," and now his
proper title Is " Lord High Chancellor of Great Britain and
Ireland,"— -the Great Seal which he holds testifying the will
of the Sovereign as to acts whicli concern the whole empire,
although there are certain patents confined In their operation
to Scotland and Ireland respectively, which still pass under
the separate Great Seals appropriated to those divisions of the
United Kingdom. *
The appointment to the office of Lord Chancellor in very
remote times was by patent or writ of Privy Seal, or by sus
pending the Great Seal by a chain round his neckf, but for
many ages the Sovereign has conferred the office by simply
delivering the Great Seal to' the person who is to hold it,
verbally addressing him by the title which he is to bear. He
then instantly takes the oaths $, and is clothed with all the

n^ f '> V^- °^ r^t ""?". ^'* Scotland, it is provided that there shall be
one Great Seal for the United Kingdom. There is no such provision in the Act
for the union with Ireland; and s. 3. of 39 & 40 G. 3. c. 67. provides, that the
Great Seal of Ireland may continue to be used as theretofore. But patents of
peerage of the United Kingdom, treaties with foreign states, and other imperial
acts, are under the seal held by our Lord Chancellor, who is therefore, in some
;rd%t\er;f England' ""''"'' ^'""""^^ '^^ ^^ ^ ^"'^--l iu-lictioti he-
npL" ^"""^ cancellarium constituendi, regnante Henrico Seoundo, fuit ap-
r? f Camrnf pT3l"^ ''^ " "^ """""^ ''""'^^"^"' «1^<=«-" ^ee 4 IiJt.
t The oath of office consists of six narts ¦ " i Tho* ..,„ii j ^ i v,
:e^or^"2 ThatrS; ^ ^f.^'^Jf ^^ ^^^ ^^°^^ *^-ffi"ce o^cC
ceiior. 2. Ihat he shall do right to all manner of people, poor and rich after
the laws and usages of the realm. 3. That he shd^l t?uly counLl th" kfng!

INXRODXJCTION. 23
authority of the office, although usually before entering upon
the public exercise of It, he has been Installed In It with great
pomp and solemnity.
The proper tenure of the office Is during pleasure, and Tenure of
It Is determined by the voluntary surrender of the Great Seal °''''^^-
into the hands of the Sovereign, or by his demanding it in
person, or sending a messenger for It with a warrant under
the Privy Seal or Sign Manual. There have been grants of
the office of Chancellor for life and for a time certain, but
these Lord Coke pronounces to be illegal and void ; and, while
Its political functions remain, the person holding It must
necessarily be removable with the other members of the ad
ministration to which he belongs.
I must now make a few observations respecting the Great Mode of
Seal and the mode of applying it. It Is considered the em- ^'^^
blem of sovereignty, — the clavis regni, — the only instrument Seal.
by which on solemn occasions the will of the Sovereign can
be expressed. Absolute faith is universally given to every
document purporting to be under the Great Seal, as having
been duly sealed with it by the authority of the Sovereign.*
The law, therefore, takes anxious precautions to guard
against any abuse of It. To counterfeit the Great Seal Is
high treason f, and there are only certain modes In which the
genuine Great Seal can be lawfully used.
Letters patent ought always to state the authority under
which they have passed the Great Seal. In early times
we find such notices as these : " By the king himself," " By
and his counsel he shall layne' and keep. 4. That he shall not know nor suffer
the hurt or disheriting of the King, or that the rights of the Crown be decreased
by any means as far as he may let it. 5. _If he may not let it, he shall make
it clearly and expressly to be known to the King, with his true advice and coun
sel. 6. And that he shall do and purchase the King's profit in all that he
reasonably may, as God him help." — 4 Inst. 88.
* The most striking illustration of this maxim is given by the course pur
sued by Parliament in 1788 and 1811, when, from the mental alienation of
George IIL, the royal authority was completely in abeyance. Commissions,
without any royal warrant, were produced under the Great Seal for opening
Parliament and giving the royal assent to the Regency Bill, and in point of
law they were supposed to express the deliberate will of him who in point of
fact was unconscious of these proceedings. — Pari. Hist. vol. xxvii. 1162. ; Part
Deb. vol. xviii. 830. 1 102.
t 25 Ed. 3. ¦ An old Norman word signifying to conceal.
c 4

24 LORD CHANCELLORS OF ENGLAND.
the king himself and all the council," " By the petition of
the council," " By the king himself and the great council,^'
" By the king and council in full parliament," " By letters
of the king himself of the signet," " By petition In pariia-
ment," " By the king's own word of mouth."
To guard against grants Improperly passing under the
Great Seal, an ordinance was made In 1443 *, requiring that
the Chancellor should not fix the Great Seal to a grant with
out authority under the Privy Seal ; but this was not by
any means rigorously observed. Thus, In 1447, Henry VI.
having pardoned a person who had been convicted of high
treason, a letter sealed with " the signet of the eagle " was
sent to the Chancellor, commanding him to make out ^
pardon to him under the Great Seal, with this P. S., " when
the Privy Scale shall come into the countrey, wee shall sende
you your suffycient warrant In this behalf."
Negotja- Another instance of this king's disregard of the official forms
tion of . ^ ^ 1 ^ . ° . , ,
marriage intended to prevent the Crown acting without the sanction
of Hen. VI. q£ -^g advIsers we have In the negotiation of his marriage.
under ...
Great Seal. In 1442 Instructions were Issued under the Great Seal em
powering ambassadors therein named to treat for an alliance
with the eldest daughter of the Count of Armagnac , but the
King afterwards wished to " set it general," that he might
have the choice of either of the Count's daughters. Instead
of causing so Important a variation from the original instruc
tions to be executed in a proper manner under the Great Seal,
it was merely expressed in a private letter from the King to the
ambassadors under " the signet of the eagle ;" — the King thus
trying to excuse the Irregularity — "And forasmuch as ye
have none instructions of this form but this only which pro
ceedeth of our own motion, desiring therefore "that ye, not
withstanding all other, do the execution thereof, we have
signed this letter of our own hand, the which as yet, wot
well, we be not much accustomed for to do In other case."
The ambassadors declined to act upon that letter, and in
formed the King that, "according to their simple wits," it
had altogether superseded their commission. They therefore
" 25 Hen. 6.

INTRODUCTION. 25
prayed for new powers ; and another commission was " issued
under the Great Seal, which expressly authorised them to
select any one of the Count's daughters for consort to His
Majesty." *
On many occasions King Edward IV. enforced directions in Use of
letters to the Chancellor for using the Great Seal, by adding ^y Edwatd
his commands' in his own handwriting. Thus KIrkham, the IV.
Master of the Rolls, while he had the custody of the Great
Seal, having hesitated to make out letters of safe conduct for
a Spanish ship without a warrant under the Privy Seal, the
King ordered a letter to be sent to him under the signet,
expressing surprise at his non-compliance with the former
request, and commanding him that. Immediately on sight of
that letter, he should make out and deliver the Instrument,
and that he should afterwards have further warrant if neces
sary. "Albeit," the King adds, "our speech to you, us
thinketh, was sufficient warrant." And at the bottom he
wrote, with his own hand, " Sir, we will the premises be
sped without delay." f
Some riots having occurred at Bristol, the Chancellor was
ordered by a letter signed by the King, and sealed with the
signet, to make a commission for the trial of the offenders,
and Edward wrote on it with his own hand, " Cosyn, yff ye
thynke ye schall have a Warrant, ye may have on made in
dew forme ; We pray you hyt fayle not." :f
In 1479 the Chancellor was ordered to grant letters patent
of a corody to one of the King's servants on his petition
signed by the King, who wrote under It, " My Lord Chan-
seler. Wee praye you spede thys BlUe, and take hyt for your
warrant." Towards the end of his reign Edward directed a writ for
an inquisition to be made out for the benefit of his " Lady
Mother " by a letter to the Chancellor, concluding thus : —
" This we wol you speed in any wise, as our trust is In you ;"

t Journal of Bishop Beckington, p, 6.
t Ex orig. in Turr. Lond. ,
f Warrant here evidently means letters of Privy Seal, without which the
King doubted whether his order would be obeyed.

26

LORD CHANCELLORS OP ENGLAND.

Times of
Tudors and
Stuarts. .

Use of
Great Seal
since the
Revolution
of 1688.

Origin of
expressionof " The
seals."

Adoption
of new
Great Seal.

adding. In his own hand, " My Lord Chanseler, thys most be
don."* Much greater irregularities, in this respect, prevailed under
the Tudors and the Stuarts ; and the practice became not
very uncommon for the Sovereign, where an instrument of
doubtful legality was to pass, to affix the Great Seal to It
with his own hand.
Since the Revolution of 1688, when the principles of re
sponsible government were fully established, the Great Seal
could only be lawfully used by a Lord Chancellor, Lord
Keeper, or Lords' Commissioners ; and unless with respect to
the sealing of writs and commissions of course, for which the
delivery of the Seal to them. Is sufficient authority, there
must be a warrant under the royal sign manual for the pre
paration of "a bill" or draught of the proposed patent.
This, when prepared. Is superscribed by the Sovereign, and
sealed with the Privy Signet in the custody of a secretary
of state ; then It sometimes immediately passes under the
Great Seal, in which case It Is expressed to be " per Ipsum
regem," " by the king himself ; " but In matters of greater
moment, the bill, so superscribed and sealed, is carried to the
keeper of the Privy Seal, who makes out a writ or warrant
thereupon to the Chancery, In which last case the patent is
expressed to be " per breve de privato sigillo," " by writ of
privy seal." f
In early times, the king used occasionally to deliver to the
Chancellor several seals of different materials, as one of gold
and one of silver, but with the same impression, to be used
for the same purpose ; and hence we still talk of " the seals
being in commission," or of a particular individual being " a
candidate for the seals," meaning the office of Lord Chan
cellor ; — although, with the exception of the rival great seals '
used by the king and the parliament during the civil war in
the time of Charles I., there has not been for many cen
turies more than one great seal in existence at the same time.
When on a new reign, or on a change of the royal arms or
style, an order is made by the sovereign in council for using
* Ex orig. in Turr. Lond.
t See 2 Inst. 551. 555. ; 2 Bl. Com. 347.

INTRODUCTION. 27
a new Great Seal*, the old one is publicly broken, and the
fragments become the fee of the Chancellor, f
The close roll abounds with curious details of the careful Care in
manner In which this Great Seal was kept in Its " white lea- GreTleal!
thern bag and silken purse" under the private seal of the
Chancellor. There was a rule that he should not take It out
of the realm ; and this was observed by all Chancellors except
Cardinal Wolsey, who. In 1521, carried it with him Into the
low countries, and sealed writs with It at Calais, — a sup
posed violation of duty which formed one of the articles of
his Impeachment.
Some readers may feel a curiosity to know whether there Emolu-
are any emoluments belonging to the office of Chancellor ^"^^ °^
besides the fragments of the old Great Seal when a new one
Is adopted. I shall hereafter present copies of grants of
salary, and tables of fees and allowances, showing the profits
of this great officer In different reigns. In the meanwhile
it must suffice to say, that, on account of his high rank, his
* The French expression of " Garde des Sceaux " arose from the Chancellor
in France always having the custody of a variety of different seals applicable
to different purposes. In England the same person has had the custody of
the Great Seal and the Privy Seal ; but this was contrary to law and usage, the
one being a check upon the other. »
¦|- This being the general rule, an amicable contest, honoris causa, arose upon
the subject between two of the most distinguished men who have ever held the
office. Lord Lyndhurst was Chancellor on the accession of William IV., when
by an order in council a new Great Seal was ordered to be prepared by his
Majesty's chief engraver', but when it was finished and an order was made
. for using it % Lord Brougham was Chancellor. Lord Lyndhurst claimed
the old Great Seal on the ground that the transaction must be referred
back to the date of the first order, and that the fruit must therefore be con
sidered as having fallen in his time ; while Lord Brougham insisted that the
point of time to be regarded was the moment when the old Great Seal ceased to
be the " clavis regni," and that there was no exception to the general rule. The
matter being submitted to the King as supreme judge in such cases, his Majesty
equitably adjudged that the old Great Seal should be divided between the two
noble and learned litigants, and as it consisted of two parts for making an
impression on both sides of the wax appended to letters patent, — one representing
the Sovereign on the throne, and the other on horseback, — the destiny of the two
parts respectively should be determined by lot. His Majesty's judgment was
much applauded, and he graciously ordered each part to be set in a splendid
silver salver with appropriate devices and ornaments, which he presented to the
late and present Keeper of his Conscience as a mark of his personal respect for
them. The ceremony of breaking or " damasking " the old Great Seal consists
in the Sovereign giving it a gentle blow with a hammer, after which it is sup
posed to be broken, and has lost all its virtue.

4th August, 1830. ' 31§t August, 1831. Books of Privy Council.

28

LORD CHANCELLORS OP ENGLAND.

Etiquette.

In parlia
ment.

ot
se£

important duties, his great labours, and the precariousness of
his tenure, he has generally received the largest remuneration
of any servant of the crown. In early times this arose mainly
from presents, and I am afraid from bribes. The deficiency
was afterwards often supplied by grants of land from the
crown, which continued down to the time of Lord Somers.
Then came the system of providing for the Chancellor and
'his family by sinecure places in possession and In reversion.
Now all these places are abolished, together with all fees;
and parliament has provided a liberal, but not excessive,
fixed salary for the holder of the Great Seal, — with a retired
allowance when he has resigned it to enable him to maintain
his station, and still to exert himself in the public service as
a judge In the House of Lords and In the Privy CouncU.*
I shall conclude this preliminary discourse with the notice
of certain forms connected with the Great Seal, to which
high importance has sometimes been attached, and which
have given rise to serious controversies.
By a standing order of the House of Lords, the Lord
Chancellor, when addressing their Lordships, is to be un
covered ; but he is covered when he addresses others. Including
a deputation of the commons.
When he appears In his official capacity In the presence
of the Sovereign, or receives messengers of the House of
Commons at the bar of the House of Lords, he bears in
his hand the purse containing (or supposed to contain) the^
Great Seal. On other occasions It is carried by his purse- f
bearer, or lies before him as the emblem of his authority.
When he goes before a Committee of the House of Commons
he wears his robes, and is attended by his mace-bearer and
purse-bearer. Being seated, he puts on his hat to assert the
dignity of the upper House ; and then, having uncovered,
gives his evidence.
Although the Lord Chancellor no longer addresses the
two Houses at the opening or close of a session of parlia-
* Lord Loughborough was the first Chancellor who had a retired allowance
by act of parliament. (Twiss's Life of Lord Eldon.)— The present arrange
ment was made by Lord Brougham. See 2 & 3 W. 4. u. 122.

INTRODUCTION. 29
ment, he still Is the bearer of the royal speech, which,
kneeling, he delivers into the hand of the Sovereign.
When the Prince of Wales Is to take the oaths for any When ad-
purpose In the Court of Chancery, the Lord Chancellor "Xto'°^
meets him as he approaches Westminster Hall, and waits Prince of
upon him into court. The Prince's Chancellor holds the "'^^^
book, and the oaths are read by the Master of the RoUs.
The Lord Chancellor sits covered while the oaths are ad
ministered, the bar standing. The Lord Chancellor then
waits on the Prince to the end of Westminster Hall.*
When a younger son of the king Is to take the oaths, To King's
the Lord Chancellor meets him at the steps leading from 5°™^*"^
the Hall to the Court, and conducts him into court. The
Master of the Rolls reads the oaths, the senior Master in
Chancery holding the book. His Lordship sits covered, the
bar standing. He then uncovers, takes the purse in his
hand, and attends his Royal Highness down the steps into
the HalLt
When peers take the oaths before the Lord Chancellor, To peers
the deputy usher holds the book, while a deputy of the clerk ™ ^^'^^'
of the crown reads the oaths. The Lord Chancellor sits covered
during the time the peers are In court, except at their en
trance and departure, when he rises and bows to them. |
When the Lord Mayor of London comes Into the Court Lord
of Chancery on Lord Mayor's Day, and by the Recorder ^ay^™*
invites the Lord Chancellor to dinner at Guildhall, the Lord
Chancellor remains covered, and does not return any answer
to the invitation. §
I have only further to state respecting the privileges and statute
disabilities of the office of the Lord Chancellor, that by ap^pa^ei of
stat. 24 Hen. VIII. c. 13., he Is .entitled " to weare In his Chancellor.
apparell velvet satene and other silkes of any colours excepte
purpure, and any manner of furres except cloke genettes."
And now let us proceed to the Lives of the distinguished
men who have held the office thus imperfectly described.
* Case of Prince of Wales, afterwards George II. Dickens, xxix.
•[¦ Case of Duke of Cumberland, 16th June, 1755. Dickens, xxx.
j Dickens, xxxii.
"§ Ex relatione a Lord Chancellor who never would be wanting in any point
of due courtesy to high or low.

30

CHANCELLORS UNDER

CHAPTER L

OF THE CHANCELLOES UNDEB THE ANGLO-SAXON KINGS.

CHAP. I.
Merits of
the Anglo-
Saxons.

A. jj. 605.
Augmen
dus, Chan
cellor to
Ethelbert.

It has been too much the fashion to neglect our history and
antiquities prior to the Norman conquest. But to our
Anglo-Saxon ancestors not only are we Indebted for our
language and for the foundation of almost all the towns and
villages In England, but for our pollticarinstltutlons ; and to
them we may trace the origin of whatever has most benefited
and distinguished us as a nation.* It Is a point of filial duty
Incumbent upon us, to commemorate and to honour the indi
viduals among them who In any department attained to great
eminence. Of those who filled the office of Chancellor under
the Anglo-Saxon kings, little has been handed down to us ;
but that little ought not to be allowed to fall into oblivion.
According to Selden, Ethelbert, the first Christian king
among the Saxons, had Augmendus for his " Chancellor "
or Referendarius, the officer who received petitions and sup
plications addressed to the Sovereign, and made out writs
and mandates as Custos Legis. There Is great reason to
believe that he was one of the benevolent ecclesiastics who
accompanied Augustine from Rome on his holy mission, and
that he assisted In drawing up the Code of Laws then pub
lished, which materially softened and Improved many of the
customs which had prevailed while the Scandinavian divi
nities were still worshipped In England, f
- There are three others whose names are transmitted to us
as having been Chancellors to Anglo- Saxon kings without any

* The descendants of the Anglo-Saxons seem destined to be by far the most
numerous and powerful race of mankind, — occupying not only the British Isles
in Europe, but the whole of America from Mexico to the Polar Seas, and the
whole of Australia and Polynesia. The Englisli, language will soon be spoken
by an infinitely greater number of civilised men than ever was the Greek, the
Ltin, or the French.
t Selden's Office of Chancellor, 2. Dugd. Or. Jur. 32. Philpot's Catalogue
of Chancellors. Spel. Gloss. Cancellarlus, p. 109.

THE ANGLO SAXON KINGS. 31
history attached to them, legendary or authentic, — Cenwona, chap.
under Offa, king of the Mercians, BoSA, under WIthlofe, ^'

and SwiTHULPHUS, under Berthulph. * TT^tss""
Next comes the Chancellor so celebrated for his pluvious *•¦>. 825.
propensity, St. Swithin, who held the office under two t"'o^^^'
. . „ 11. '''• SWITH-
sovereigns, and ot whom much that is true, as well as much in, Chan-
that is fabulous, has been transmitted to us. We can trace E^bert^and
his history as certainly as that of Bede or Alculn, and he left, Ethelwulf.
like them, among his countrymen, a bright reputation for
learning and ability, which was rationally cherished till ob
scured by the miracles afterwards Imputed to him.
Swithin was a native of Wessex, and was born at the very
commencement of the ninth century. He was educated in a
monastery at Winchester, then the capital of the kingdom.
He prosecuted his studies with such ardour that he made
wonderful proficiency in all the knowledge of the age, and
having been ordained presbyter In 830 by the Bishop of Hel-
maston, was selected by King Egbert for his chaplain, and
tutor to his son Ethelwulf.f He soon showed a capacity for
state affairs, and was placed In the office of Chancellor, con
tinuing, lik6 his successor, S,-Becket, while intrusted with the
administration of justice, to superintend the education of the
heir-apparent. He is said to have enjoyed the confidence of
the King without interruption, and by his counsels to have
contributed to the consolidation of the states of the Hep- ,
tarchy into one great kingdom.
On the accession of his royal pupil to the throne, he re- a.d. 836.
tained his office of Chancellor, and was In still higher favour.
So wise a minister was he esteemed, that William of Malmes
bury, referring to his sway, says the ancient opinion of Plato
was verified in this reign, that " a state would be happy when
philosophers were kings, or kings were philosophers." Alstan,
Bishop of Sherborne, took a more conspicuous lead, and

* Selden's Office of Chancellor, 2. Dugd. Or. Jur. 32. Philpot's Catalogue
of Chancellors. Spel. Gloss. Cancellarlus, p. 109.
f William of Malmesbury represents that he was employed in affairs of state
before he had the care of the King's son. " Natura, industriaque laudabilis
auditum Regis non effugit. Quocirca ilium hactenus excoluit, ut et multa
negotiorum ejus consilio transigeret, et filium Adulfum ejus magisterio locaret."
— W. Malm. 242.

32 CHANCELLORS UNDER

I,

CHAP, several times in person conducted the army to battle against
the Danes ; but Swithin guided the counsels of the sovereign
as well as being personally beloved by him. He was now
made Bishop of Winchester, being recorded as the 17th
prelate who had filled that see. He proved a devoted friend
to the church, hitherto slenderly provided for among. the
Anglo-Saxons, and he procured a law to pass in the Witte-
nagemot for the universal and compulsory payment of tithes.
But the nation was most of all indebted to him for Instil
ling the rudiments of science, heroism, and virtue Into the
Infant mind of the most Illustrious of our sovereigns. The
son of Ethelwulf, afterwards Alfred the Great, was, from
childhood, placed under the care of the Chancellor, who as
sisted his mother in teaching him to read and to learn the
songs of the Scalds, and afterwards accompanied him on a
pilgrimage to Rome, taking the opportunity of pointing out
to him the remains of classical antiquity visible in the twilight
of refinement which still lingered in Italy.
On Swithin's return to England, his last years were dis
turbed by the successes of the Danish invaders, and not
having the military turn of some ecclesiastics and ChanceUorsji"'
he shut himself up In his episcopal house, employing himself
in acts of piety and charity... ^He died on the 2d of July, 862,
having directed that his b6dy should be buried, not In the
Cathedral, but In the churchyard among the poor. *
He was much admired by ecclesiastics at Rome, as well as
in his own country, having first estalblisfaed In England, for
the benefit of the Pope, the payment called " Peter's pence."
In consequence, about fifty years after his (Jeath, he was
canonised. Now comes the legend of St. Swithin. It was thought
that the body of the Saint ought to be translated from the
churchyard to be deposited under the high altar, and the 15th
of July was fixed for that ceremony, — when there were to
be the most gorgeous processions ever seen in England.. But
he highly disapproved of this disregard, of hfe dylng^^c-
tibL"utTvt?»'"° "'*.P'^^«»ti™lefacturus pontificali authoritate prscepit astan-
Tt il^cUls e. »U "" "ff ™' '""'", *'"'^"«"' ¦' "•>! et pedibus pr^tereuntium
et stiiiicidus ex alto rorantibus esset obnoxium." — »^m. of Malm. 242.

the ANGLO-SAXON KINGS. 33
tion, and sent a tremendous rain, which continued without chap.
Intermission for forty days, and until the project was aban- ^•
doned. Ever since he regulates the weather for forty days
from the day of his proposed translation, laying down this
rule, that as that day Is fair or foul, it will be fair or foul for
forty days thereafter.
The founders of the Reformation In England seem either
to have believed In his miraculous powers, or to have enter
tained a very grateful recollection of his services to the
Church, for they have preserved the 15th of July as a Saint's
day dedicated to Lord Chancellor Swithin.*
It must be admitted that there Is great difficulty In dis
tinguishing between what is authentic and what is fabulous in
his history.f
Turketel Is the first English Chancellor with whom we TuaKEiEL,
can be said to be really acquainted. He was of Illustrious u^dw Ed"^
birth, being the eldest son of Ethelwald, and the grandson of ward the
Alfred. He was early distinguished for learning, piety, and ^ ^^920
courage. Taking priest's orders, his royal uncle, Edward the
Elder, Immediately offered him high ecclesiastical preferment.
This he declined, thinking that It might Interfere with the
civil employments which, notwithstanding his tonsure, he
preferred. Ingulphus Informs us that the King thereupon
made him his Chancellor and Prime Minister : — " Cancel-
larium suum eum constituit, ut quaecunque negotia tem-
* See Philipot's Catalogue of ChanceUors, p. 1. Gostelin. Vit. Swithini.
Henry of Huntingdon. Wm. of Malmesbury, Gest. Reg, Angl. p. 151. Spel-
man's Life of Alfred.  de Gest. Pont. 242.
t Most of Lord Chancellor Swithin's decisions have perished, but I find one
case reported which was brought judicially before him, and in which he gave
specific relief, although seemingly the remedy was at common law by an action
of trespass. An old woman came to complain to him that the eggs in her basket
which she was carrying to market had all been wantonly broken. " Is ante se
adductae mulierculae annis et pannis squalid^ querelam auscultat, damnum
suspirat, misericordia mentis cunctantem miraculum excitat, statimque porrecto '
crucis signo, fracturam omnium ovorum consolidat." — IVm. of Malm. 242.
There is much faith in the Ex-chancellor, not only in England, but in Scot
land, where for many centuries there has been this proverb : —
" St. Swithin's day, gif ye do rain,
' For forty days it will remain ;
St. Swithin's day, an ye be fair.
For forty days 'twill rain na mair."
In some parts of Scotland, St. Martin (whose day is 4th July) is the raining
Saint. VOL. I. r>

34

CHANCELLORS UNDER

CHAP. I.

Athelstan.
A.D. 925.
Battle of
Brunen
burgh.
A.D. 938.

Edmund
and Edred.
A.u. 940.
A.D. 946.

Lord Chancellor
Turketel

poralla vel spirituaKa Regis judicium expectabant, Illius
consilio et decreto (nam tantas fidel et tam profundi ingenil
tenebatur) omnia tractarentur, et tractata irrefragabllem sen-
tentiam sortirentur."*
He retained his office under his cousin Athelstan, who
by his advice first took the title of " King of England." f
At the famous battle of Brunenburgh, so celebrated in the
relics of Saxon and Scandinavian poetry, in which Athelstan
had to fight for his crown against five confederated nations,
Norwegians, Danes, Scots, Irish, and Britons, Chancellor
Turketel rendered the most signal service to his sovereign
and his country. The citizens of London marched under his
banner, and supported by Singin with the men of Worcestep-
shire, he penetrated into the midst of the Scots, killed the
son of their king, and compelled Constantine himself to seek
safety in flight. Some historians relate that, although the
Chancellor led hia troops to the scene erf action, he refused
himself to mix In the fight, because the canons prohibited to
clergymen thei effusion of blood ; but it was the doctrine of
the age, that an exception was allowed In war undertaken for
the protection of the country against a pagan invasion, and
we shall find some of his ecclesiastical successors combating
stoutly in the field even against Christian adversaries. J
Turketel still continued ChanceUor under the two suc
ceeding monarchs, Edmund and Edred, the brothers of
Athelstan, and was likewise " Consillarius primus, prjeci-
puus et a secretis famlllarlsslmus." § As Edred was afflicted
with a lingering and painful disease during the greater part
of his reign, the sceptre was actually in the hands of the
Chancellor, and he was obliged not only to superintend the
administration of justice and to conduct the civil goverbment
of the kingdom, but on several occasions to command the
military force both against foreign and domestic enemies.
In a fit of religious enthusiasm, while still powerful and
prosperous, he suddenly bade adieu to worldly greatness for

* Ingulphi Hist. g. h. Dug. Or. Jur. 32.
t His father and grandfather had been styled kings of the Anglo-Saxons,
and their predecessors merely kings of Wessex.
t See Ling,ird, i 212. . § I„gul. g. h.

THE ANGLO-SAXON KINGS. 35
the seclusion of a monastery. It Is related, that going on a CHAP.
message from the King to Archbishop Wolstan, It chanced "
that his road lay by the abbey of Croyland, which had been becomes a
reduced to ruins In recent warfare, and now only afforded a monk.
miserable shelter to three aged monks. Touched by their
piety and resignation, he believed himself divinely inspired
with the design to enter Into their society, and to restore their
house to its ancient splendour. Having obtained permission
to carry this design Into effect, before his civil extinction, In
Imitation of a dying caliph, he sent the public crier through
the streets of London, where, during four reigns, he had ex
ercised such authority, announcing to the citizens that the
Chancellor, before quitting his office and entering Into the
monastic order, was anxious to discharge all his debts, and
offered to make threefold reparation to any person whom he
might have Injured, Every demand upon him being liberally
satisfied, he resigned the office of Chancellor into the King's
hands, made a testamentary disposition of his great pos
sessions, put on the monastic cowl, was blessed by the Bishop
of Dorchester, recovered for the abbey aU that it had lost in
the Danish wars, endowed it with fresh wealth, was elected
Abbot, and procured from the King and the Witan a con
firmation of all the rights which his house had ever enjoyed,
with the ex,ception of the privilege of sanctuary, which he
voluntarily renounced, on the ground that his experience as
Chancellor made him consider it a violation of justice and
an Incentive to crime. He survived twenty-seven years, per
forming, in the most exemplary manner, the duties of his
new station, and declaring that he was happier as Abbot of
Croyland than Chancellor of England.* He died in 975.
The next Chancellor of whom any mention is made was a.d 959.
Adulphus under King Edgar; but we are not told what
part he took In the measures of this peaceful and prosperous
reign, f
Ethelred, who mounted the throne in 978, had, for his Alfric.
first Chancellor, Alpric, the eleventh Abbot of St. Alban's,
of whom nothing memorable has been transmitted to us. The
* Ingul. 25—52. Ordine, 340. t Or. Jur 32.
D 2

36

CHANCELLORS UNDER

CHAP. L
Office of
Chancellordivided
between three Abbots.

A.D. 1043.
Great Seal
of Edward
the Con
fessor.

King then made a very whimsical disposition of the office,
which he meant to be perpetual, — " dividing It between the
Abbots for the time being of Ely, of St. Augustine In Can
terbury, and of Glastonbury, who were to exercise It by turns ;
— the Abbot of Ely, or some monk by him appointed,^ act-
ino- as Chancellor four months yearly from Candlemas,' and
the other two abbots each four months successively, makmg
up the twelve." * Lord Coke commenting upon this arrange
ment, says, " Albeit it was void In law to grant the chan
cellorship of England In succession, yet it proveth that then
there was a Court of Chancery." t
We are not Informed how the three Abbots actually dis
charged their duties, or how long they enjoyed the office. If
the grant was not revoked as illegal at the accession of Ed
mund Ironside, we need not doubt that it was violated on
the conquest of. the kingdom by Canute, who probably em
ployed one of his own countrymen to assist him In adminis
tering justice to his new subjects.
We have no further notice of any Chancellor till the reign
of Edward the Confessor. , During his long exile in Nor
mandy he had contracted a taste not only for the language,
but also for the usages of that country ; and among other
Norman fashions, he Introduced that of having a great seal
to testify the royal wiU in the administration of justice, and
in all matters of government. Sealing had been occasionally
resorted to by his predecessors on solemn occasions |, but
they then only used a private seal, like the prelates and
nobles ; and public documents were generally verified by the
* The words of an old monk of Ely are : " Statuit atque concessit quatenus
Eoclesia de Ely extunc et semper in Regis curia Cancellarii ageret dignitatem
quod et aliis, Sancti, viz. Augustini et Glaconiaa Ecclesiis constitiiit, ut'abbates
istorum coenobiorum vicissim assignatis succedencjo temporibus, annum trifarie
dividerint cum sanctuarii et caeteris ornatibus altaris ministrando." See Dug.
Off. Ch. § 1.
t 4 Inst. 78.
{ Thus on inspecting an old Saxon charter of King Edgar to the abbey of
Pershore, still extant, three labels are to be seen for seals to be appended by ;
and Godfric, Archdeacon of Worcester, writing to Pope Alexander III. of this
very charter, says : " Noverit sanctitas vestra, verum esse quod conscript! hujus
scriptum originale in virtute Sanctae Trinitatis sigilla tria, trium personarura
autenticarum, ad veritatem, triplici confirmatione commendat ; Est autem sigil-
lum prinium illustris Regis Edgari; secundum Sancti Dunstani Cant. Arch.;
tertii Alferi Duels Merciorum, sicut ex diligenti literarum impressarum in-
spectione evidenter accepi." Dug. Off. Chan. § 3.

THE ANGLO-SAXON KINGS. 37
signature of the Chancellor, or by the King affixing to them CHAP.
the sign of the cross. A large state seal was now made, upon ^'
the model which has been followed ever since. It bore "— ¦^-—
the representation of the King, In his imperial robes, sitting
on his throne, holding a sceptre In his right hand and a
sword In his left, with the inscription " Sigillum EdwardI
Anglorum Basllei."*
Leofric was the Confessor's first Chancellor f ; but It Is Leofric
doubtful whether this great seal had been adopted In his f^T^r'"'
time, as he is no,t recorded as having used It. We know fessor.
that it was in the custody of Wulwius his successor. A ^¦°' ^°^^'
royal charter to the church of Westminster, framed by him,
thus concludes: — " Ut hoc decretum a nobis promulgatum
pleniorem obtineat vigorem, nostra manu subter apposito
slgiio roboravlmus, atque fidellbus nostris prsesentibus robo-
randum tradidimus, nostrseque imaglnls sigillo insuper asslg-
nari jussimus," &c., with the attesting clause, " Wulwius,
reglas dignitatis Cancellarlus, relegit et slglllavlt," &c. |
The next Chancellor was Reimbaldus, who likewise sealed Reimbal-
with the royal seal, as we find by another charter of the ""^'
Confessor to the Church of Westminster, thus authenticated :
— "Ego, Reimbaldus, Regis Cancellarlus, relegl et slgUlavi,"
&c. When he was prevented by absence or indisposition vice-
from acting, his duties were performed by Swardus, who s^^"°o„g°'^
appears to have been his Vice-Chancellor.' Thus another
charter of the Confessor, granting many manors to the church
of Westminster, has this concluding clause : — "Ad hltimum,
cartam Istam sigillarl jussi, et Ipse manu mea propria signum
crucis ImpressI, et Idoneos testes annotari prsecepl." Then
follows : — " Swardus, notarius ad vicem Reimbaldi regice
dignitatis cancellarii, banc cartam scripsi et subscripsl."§
Lord Coke Is justifled in his contemptuous assertion that
Polydor Virgil, in affirming that the office of Chancellor came
in with the Conqueror, "perperam erravit||:" but he himself
* See an engraving of it, Palgrave's History of England, i. 328., taken from
the original in the British Museum. An admirable picture by words, — of the
Chancellor sitting in the Wittenageinot, will be found in the preface to the same
very valuable publication, p. xiv.
t Spel. Gloss. 109. t Ok- Jur. 34.
§ 4 Inst. 78. II 4 Inst. 78.
D 3

38 CHANCELLORS PROM THE
CHAP, was very Imperfectly acquainted with its history, and we are
' still left much In the dark respecting its duties,^ and the man
ner In which it was bestowed in the Saxon times. Then, as
long after, the little learning that existed being conflned to
the clergy, we need not doubt that a post requiring the art
of writing and some knowledge of law, was always filled by
an ecclesiastic ; and as it gave constant access to the person
of the King, and was the highway to preferment, — even if
the precedence and emoluments belonging to It were not very
high, — It must have been an object struggled for among the
ambitious. Human nature being ever the same, we may
safely believe that at that early period, as In succeeding ages,
It was the prize sometimes of talents and virtue, and sometimes
of intrigue and servility.
Origin of As WC approach the sera of the Conquest, we find distinct
Masters in tj-aces of the Mastcrs In Chancery, who, though in sacred
orders, were well trained In jurisprudence, and assisted the
Chancellor in preparing writs and grants, as well as in the
service of the royal chapel. They formed a sort of college of
justice of which he was the head. They all sate In the Wit-
tenagemot, and, as " Law Lords," are supposed to have had
great weight in the deliberations of that assembly. *
* Or. Jur. C. xvi. Palgrave's Hist. Eng, Preface.

CONQUEST TO THE REIGN OF HENRY II. 39

A.D. 1066.

CHAPTER IL
or THE CHANCELLOES IfKOM THE CONQUEST TO THE KEIGN OP
HENET H.
From the Conquest downwards, we have, with very few chap.
interruptions, a complete series of Chancellors. Yet till we ¦^^¦
reach the reign of Richard I., when records begin which are
stiU extant, containing entries of the transfer of the Great
Seal, we can seldom fix the exact date of their appointment ;
and we glean what is known of them chiefly from the charters
which they attested, from contemporary chroniclers, and from
monkish histories of the sees to which they were promoted.
Few of those who held the office under the Norman
monarchs before Henry II. took any prominent part In the
conduct of public affairs, and they appear mostly to have
conflned themselves to their official duties, in making out
writs, superintending royal grants, authenticating the acts of
the sovereign by affixing the Great Seal to all instruments
which ran in his name, and by sitting, in a subordinate
capacity, in the Aula Regia to assist in the administration of
justice. The office of Chief Justiciar, Introduced by William, chancel-
lonff continued to confer great splendour on those who held '""'^ ""'l''"'
f. • % 1 /^i 11 early Nor-
It, while the highest functions ot the Chancellor were con- man reigns.
sidered those of being almoner and secretary to the King.
Odo, Bishop of Bayeux*, William FItzosborn'e, and William
de Warenne, who were the first justiciaries, were men' of
historical renown ; they assisted William in his great military
enterprise ; they afterwards took an active part In imposing
the y(^e on the conquered, and they gpverned the realm as
viceroys when he occasionally visited his native dominions.
* He was William's uterine brother, and, though an ecclesiastic, he was a
distinguished military leader. In the famous Bayeux tapestry giving a pic
torial history of the Conquest, he makes the greatest figure next to William
and Harold. The other justiciaries of this reign were hardly less eminent.
D 4

40 CHANCELLORS PROM THE
CHAP. Till Thomas ^-Becket arose to fix the attention of his own
"¦ age and of posterity, the Chancellors were comparatively
obscure. They probably, however, were William's advisers In the
great changes which he made in the laws and institutions of
the country. English writers, with more nationality than
discrimination or candour, have attempted to show that he
was called Conqueror, because he obtained the crown
by election instead of hereditary descent.* In all history
there Is not a more striking Instance of subjugation. Not
only did almost all the land In the kingdom change hands —
the native English being reduced ^o be the thralls of the ¦
invaders — but legislative measures were brought forward,
either In the sole name of the Sovereign, or through the form
of a national council under his control, seeking to alter the
language, the jurisprudence, and the manners of the people, f
It would have been very interesting to have ascertained
distinctly by whose suggestion and instrumentality the
French was substituted for the English tongue in all schools
and courts of justice ; the intricate feudal law of Normandy
superseded the simplicity of Saxon tenures ; trial by battle
was Introduced in place of the joint judgment of the Bishop
and the Earl in the county court ; the separation was
brought about between ecclesiastical and civil jurisdictions ;
and the great survey of the kingdom was planned and ac
complished, of which we have the result In Domesday, "the
most valuable piece of antiquity possessed by any nation." \
But while there Is blazoned before us a roll of all the warlike
chiefs who accompanied William In his memorable expe
dition, and we have a minute account of the life and cha
racter of all those who took any prominent part in the
battles, sieges, and insurrections which marked his reign, we
are left to mere conjecture respecting the manner in which
* As in the law of Scotland property acquired by an individual is called his
conquest. t The vitality of the Anglo-Saxon language and institutions at last prevailed,
but there is hardly to be found such a striking instance of race tyrannising over
race, as m England during the reigns of the Conquerbr and his immediate
descendants. X Hume.

CONQUEST TO THE P,EIGN OP HENRY IL 41
justice was administered under him *, and the measures of his CHAP.
civil government were planned and executed, f

But I must now proceed to give the names of William's chancei-
ChanceUors, with such scanty notices of their history as can lorsofthe
be furnished from the imperfect materials which are preserved ""i"^™'-
to us.
In 1067, the year after the battle of Hastings, when he had Maukice,
obtained the submission of a considerable part of England,
although It was not till long after that he reduced the
northern and western counties to his rule, he appointed as
his fijst Chancellor, Maurice, a Norman ecclesiastic, who
had accompanied him as his chaplain when he sailed from
St. Vallery for the coast of England.
We know little with certainty of the acts of this func
tionary beyond his perusing and sealing a charter by which
the Conqueror, after the example of the Confessor, granted
large possessions to the abbot and monks of Westminster.^
Jn the usual course of promotion, Maurice, being Chan- Made
cellor, was made Bishop of London. Here we find him Lo„''do''n°
highly celebrated for his exertions to rebuild St. Paul's. The and resigns
year before his consecration the greatest part of the City of

* A very ample report of the cause cei^bre between Odo, as Earl of Kent
and Lanfranc, Archbishop of Canterbury, at Penenden Heath, before Chief
Justiciary Godfrey, has come down to us, but no notice of any other judicial
proceeding in this reign can be traced.
¦j- In classic antiquity lawgivers were honoured not less than conquerors, and
all the most celebrated laws of Rome bore the names of their authors ; but in
our own history (horresco referens) oblivion seems to await all those who
devote themselves to legal reform. We do not know with any certainty who
framed the Statutes of Westminster in the time of Edward I., the Statute of
Fines, the Statute of Uses, the Statute of Wills, or the Statute of Frauds,
although they ought to have been commemorated for conferring lasting benefit
on their country. — ' " Sed omnes illacrimabiles
Urguentur, ignotique longa
Nocte, carent quia vate sacro."
The Grenville Act for the trial of controverted elections was the first which-
confei*ed any eclat on the name of its author, and Fox's Libel Act is. almost the
only other down to our own times.
^ The charter is thus attested, " Ego, Mauritius Cancellarlus, favendo legi et
sigillavi." .4 Inst. 78. — Tlje words of the Conqueror's first charter are curious,
" Ego, Wlllielmus, Dei gratia, Rex Anglorum, Dux Normannorum, et Prin-
ceps Cenomannorum, hoc prEeceptum scribere prascepi, et scriptum hoc signo
Dominico sic confirmando + stabilivi, nostrseque imaginis sigillo insuper assi-
gnari curavi," &e.

42 CHANCELLORS PROM THE
CHAP. London, built of wood, had been consumed by fire, and the
^^' Cathedral where it now stands, on the site of an ancient

A. D. 1 100.

temple of Diana, had been almost entirely destroyed. But
by his pious exhortations, assisted by a royal grant. It rose
from its ashes with new magnificence.*
Maurice enjoyed the dignity of Chancellor on his first ap
pointment but for a short space of time, as it seems to have
been the policy of William never to allow his great seal to
remain long In the same hands. Spelman represents him as
having been again Chancellor in 1077 1, and there can be no
doubt that he continued a person of considerable influence
during the whole of this and the succeeding reign.
Conduct of We have, however, no distinct account of the part
toIIo't'mI which he again took in public affairs till Rufus was acci-
rice on the dentally killed by Sir Walter Tyrrel while hunting in the
William '^^'^ Forest. Henry, the king's younger brother, who
Rufus. was of the party, in violation of the superior claims of
Robert, then absent In Normandy, hastened to London to
claim the vacant throne. In those days anointment by
a prelate was supposed to give a divine right to kings,
and the commencement of a reign was calculated from
the day of the coronation, not from the death of the prede
cessor. The privilege of crowning the Kings of England
has always been considered to belong to the Archbishop of
Canterbury as Primate, but Anselm from his quarrel with
the late King was now In exile. Henry In this extremity
applied to Maurice, the Ex-chancellor, and overcame his
scruples respecting the law of primogeniture by a share of
the royal treasure, which he had secured to himself as he
passed through Winchester, and by which history records
his usurpation was accomplished. On the third day from
the tragical end of Rufus, Maurice placed the crown on the
head of the new sovereign in the abbey of Westminster.'
The Great Seal was now again within his reach, but
he preferred the quiet use of his riches, and the hope eagerly
cherished, though never realized, of succeeding to the primacy.
He died In 1107, still Bishop of London, having seen a
* W. Malmesb. De Gestis Pontificum, lib. ii.
t Gloss. Series Cancell. Angl.

Osmond.

CONQUEST TO THE REIGN OP HENRY II. 43
rapid succession of eight or nine Chancellors after his own chap.
resignation or dismissal. li-
The Conqueror's second Chancellor was Osmond. Dugdale
and Spelman leave the year of his appointment uncertain, and
we might never have been Informed of his having filled this
office, had it not been that In 1078 he was promoted to the
bishopric of Sarum, and we find some account of him in
the annals of that see. He was, of course, a Norman, for
now, and long after, no Saxon was promoted to any office,
civil, military, or ecclesiastical. Having come over with
William, and fought for him In the field, he was first made
Earl of Dorset, — and now being girt with a sword, while he
held the Great Seal in one hand, a crosier was put into the
other.* Of Osmond's conduct In his office of Chancellor few par- His charac-
ticulars are transmitted to us ; but he is said to have been ''"'¦
much In the confidence of the Conqueror, who consulted him
about all the most arduous and secret affairs of state, as
well as confiding to him the superintendence of the adminis
tration of justice. William of Malmesbury is his chief
panegyrist, celebrating his chastity, his disinterestedness, his
deep learning, and above all, his love of sacred music, — re
presenting as the only shade on his character his great seve
rity to penitents, which was caused by his own Immaculate
life. After his elevation to the episcopal dignity, he devoted
himself entirely to his sacerdotal duties.
He is the first Chancellor I have to mention as an author. His literary
His principal work was " A History of the Life and Miracles ^""^ "
of Alden, a Saxon Saint, the first Bishop of Sherborne." He
likewise composed the service "secundum usum Sarum,"
which remained In great repute, and was followed in the West
of England till the Reformation, f
From the testing clause of a charter to the Dean and AarAsius.
* Such a combination long continued very common, and the Reformation
even did not recognise the separation which now prevails between sacred and
secular employments. James I. had a bishop for Lord Keeper of the Great '
Seal ; Charles I. had a bishop for his Lord Treasurer ; Queen Anne, with the
loud approbation of Swift and the High Church party, had a bishop for her Lord
Privy Seal and one of her ambassadors to negotiate the treaty of Utrecht.
f De Gestis Pontificum, lib. i.

44

chancellors prom THE

CHAP. IL

Canon of St. Martin's, In the city of London, bearing
 date in the year 1073, we know that the Great Seal was then
held by Arpastus, who Is stated to have been Bishop of
Helmstadt, in Germany. He is supposed to have been one
of the ecclesiastical adventurers who ranged themselves under
the standard wliich the Pope had blessed when William pro
claimed his grand enterprise. As a reward for his services he
was in 1070 appointed Bishop of Elmham, in Norfolk, a see
established there as early as 673. In 1075 he removed the
see to Thetford, where he died In .1084.*
B-ALDKicK. Of his successor we know little but the name, there being
no description added to It to tell us from what country he
sprang, or what other office he ever filled; but a charter granted
at this time by the Conqueror to the monks of St. Florentlus
of Andover Is witnessed and authenticated by Baldrick as
King's Chancellor, t He was no doubt King's Chaplain, but
does not seem to have reached any higher ecclesiastical
dignity. Although the custody of the Great Seal was in those
days considered a certain step to a bishopric, premature death
or loss of power had disappointed the hopes of this aspirant. J
Next came Herman, with whose origin and history we
are well acquainted. He was a Norman by birth, and before
the coming In of William he had been promoted to the bishop
ric of Sherborne. It Is a curious consideration, that in the
reign of the Confessor there was the most familiar inter
course between England and Normandy; the French language
was spoken at his Court §, and many Normans were employed
by him. Of these Herman was one of the most favoured, and
he is supposed to have assisted in the artifices which his native

Heuman

* Vide Spelm. Gloss. 109., where he is stated to have been twice Chancellor.
The see was soon after removed to Norwich, where it has ever since remained.
Annal. Winton. Angl. Sac. I. 294. Weaver, 827. ,
t Inspex. Pat. Ed. 2. p. 2. MS. Lold. Chron. Ser. 1.
i It is said that the poetical name for a belt or girdle was taken from this
Chancellor, who is supposed to have worn one of uncommon magnificence.
¦' Athwart his breast a B-ildmck brave he ware
That shined like twinkling stars with stones most precious rare."
^ Spenser.
'• A radiant Baldrick o'er his shoulders tied
Sustain'd the sword that glitter'd at his side." Pope.
But this probably arose from the difficulty of finding any other etymology for
the word.
§ See Thiery's History of the Norman Conquest.

CONQUEST TO THE REIGN OP HENRY IL 45
prince resorted to for the purpose of being designated heir to chap.
the crown of England, In derogation of the rights of the true ^^'
representative of the line of Cerdic, and of the claims of
Harold who aspired to be the founder of a new Saxon
dynasty. Immediately after the battle of Hastings he sent
In his adhesion to William, and he steadily supported him In
the protracted struggle which took place before the Norman
yoke was Imposed upon the whole of England. For reasons
not explained to us, he wished to remove his episcopal see
from Sherborne to Old Sarum, which has been so often
talked of as a decayed borough, but which William of Malmes
bury describes as being at this time such a wretched place,
that " a miserable commerce was carried on there In water." *
He was gratified in this whim, and his services were farther
rewarded with the custody of the Great Seal.
He was succeeded by William Welson, who being ap- Welson.
pointed Bishop of Thetford soon gave up the office of Chan
cellor, and retired to the discharge of his spiritual duties, f
The Conqueror's last Chancellor was William Gipfard, w. Gif-
who, though promoted to the rich See of Winchester, eagerly ^"V'"' ..
retained the Great Seal. He was a very dexterous man, who under three
could accommodate himself to the various tastes of persons '^'S^s.
and times. Though once deprived of office by an unexpected
turn of affairs, and for a considerable interval baffled in his
schemes for recovering it, he at last contrived to be rein
stated ; and he was Chancellor under three successive sove
reigns. He was not Incapable of giving good advice, and of taking h!s charac-
the liberal side when it suited his Interest. Although he had *^'-
heartily concurred in the oppression of the Saxons in the
early part of WilHam's reign, and had declared that they were
to be considered aliens in their native land, and had assisted
In the measures for upsetting English law and extirpating
the English language, yet, when the two great Earls, Morcar
and Edwin, appeared still formidable, and discontent among
the natives had become so deep and general as to threaten a
dangerous revolt, the Chancellor joined with several other
* De Gest. Pont. lib. ii. t Spel. Gloss. 109.

46

CHANCELLORS PROM THE

CHAP. IL

A. D. 1087.

Conduct of
Gilfard on
death of
Conqueror.

Chancellor
to William
Rufus.

Dismissed.

A.D. 1088.
Bloet, Chancellor
to William
Rufus.

prelates In praying that the conquered people might be
emancipated from some of the galling disabilities which had
been Inflicted upon them, and he induced the Conqueror to
restore a few of the laws of the Confessor, which, though
seemingly of no great importance for the protection of general
liberty, gave extreme satisfaction by creating the hope of
farther concessions. He was associated with Godfrey, Bishop
of Constance, the grand Justiciar, in the government of the
country while the Conqueror was engaged in his last fatal
campaign against the French King.
When Rufus suddenly presented himself in England,
announcing his father's death and claiming the crown, Giffard
at first cordially supported him, and gained him the good
will of the native English by promises to them of good
treatment and of enjoying the licence of hunting In the
royal forests. As a reward for his services hei was con
firmed in the office of Chancellor. This, however, he did
not then long hold. It Is suspected that, thinking he dis
covered in the public mind a strong feeling for the rights of
primogeniture, and influenced by the promise of stUl higher
promotion from Prince Robert, he was engaged in the
abortive conspiracy among the Barons in favour of that un
fortunate prince. Whatever might be the cause, the Great
Seal was taken from him, and he was relegated to his see
during the remainder of this reign. We take leave of him
for the present.
He was succeeded by a man more unscrupulous than him
self, Robert Bloet, a Norman who, with several brothers,
had come over with the Conqueror.* He laughed at the
conciliatory policy which had been lately adopted, and keenly _
abetted the King In all the arbitrary proceedings now
resorted to for the purpose of brealdng the spirit of the
English. Although in high favour, he could not obtain a
mitre till he had been ChanceUor five years, and then he
owed his promotion to a dangerous Illness with which the King
was visited. The sees of Canterbury and Lincoln had been

* The family still subsists in Monmouthshire, the name beine now spelt
Bluet. , ^

CONQUEST TO THE REIGN OP HENRY II. 47
kept long vacant, that their rich temporalities might swell the chap.
royal revenue. The Keeper of the King's Conscience had in ^^'
vara pointed out to him the Impiety of this practice, till his '
arguments were enforced by a disease which left the royal
spoliator little hope of recovery. Now, for the good of his
soul, he bestowed the primacy on Anselm, who afterwards
became so famous a champion of the church, and Lincoln
was the prize of the Chancellor himself But there was still
much difficulty in getting possession of the see; for no
sooner did the penitent monarch become convalescent than
his appetite for ecclesiastical property returned in full force,
and It was only on the condition of large pecuniary con
tributions that he would accept the homage of the new
bishop.* The better to enable him to support these, Bloet
himself set up as a wholsale dealer in church preferment,
while he was guUty of great extortion in his office of Chan
cellor ; and he became famous above all his predecessors for
venality and oppression.
Authors differ as to the circumstances of his end. Some Death and
assert that for his crimes he was thrown into prison by the "''^racter
King, where he died; while others circumstantially state
that he contrived to keep the King in good humour by large
presents ; that riding together near Woodstock, the Chan
cellor fell from his horse In an apoplectic fit ; and that being
earned into the palace, he presently died, the King lament
ing over him. Lord Coke dryly observes of him, " that he
lived without love, and died without pity, save of those
who thought It pity he lived so long." Yet he is not v
without admirers ; he was of agreeable manners, and he
softened censure by an ostentatious disclaimer of principle, so
that the world, seeing that he was not so profligate as he
pretended to be, gave him credit for some portion of latent
honesty. By one writer he is characterised as " a handsome
* " Afterwards repenting himself of such liberality in that he had not kept it
longer in his hands towards the inriching of his coffers, he devised a shift how
to wipe the bishop's nose of some of his gold, which he performed after this
manner. He caused the bishop to be sued, quarelinglie charging him that he
had wrongfuUie usurped certeine possessions together with the citie of Lincoln,
which apperteined to the see of Yorke. Which although it was but a forged
cavillation and a shamefiiU untruth ; yet could not the bishop be delivered out
of that trouble till he had paid to the king 5000l."~-H. HoUinsh. ii. 34.

48

CHANCELLORS FROM THE

CHAP. IL
Flambard,

Oppres
sions of
Flambard.

man, well spoken, and of a serene mind.'' His death happened
In 1090.*
The odium which Bloet excited was much softened by his
successor. Chancellor Flambard, — a monster unredeemed
from his vices by any virtue or agreeable quality. His ori
ginal name was Ranulphus or Ralfe, but he afterwards ac
quired the nickname of Flambard or "devouring torch,"
which stuck to him, and by which he is known In history.
Of the lowest origin, he reached high station by extreme
subtlety and by a combination of all sorts of evil arts. I am
sorry to say he is the first practising advocate I read of who
was made Chancellor. Having begun his career as a common
Informer, he took to the practice of the law, and being " a
pleader never to be daunted, — as unrestrained In his words
as in his actions, and equally furious against the meek as
the turbulent I," he rose to great eminence both in the civil
and ecclesiastical courts. Of course he was a priest. J Bred
in Normandy, he was familiar with the language as well as
the law, now introduced Into England. He succeeded In
making himself useful to the Ex-chancellor Maurice, Bishop
of London, who employed him and Introduced him at Court.
There he was found a ready and efficient Instrument of
extortion and tyranny, and he was rapidly promoted. He
first acted as chaplain and private secretary to the King ; on
the disgrace or death of Bloet the Great Seal was delivered
to him. His ingenuity was now sedulously employed in
devising new methods of raising money for his rapacious em
ployer. The liberty of hunting was circumscribed by addi
tional penalties ; new offences were created to multiply fines ;
capital punishments were commuted by pecuniary mulcts,
and a fresh survey of the kingdom was ordered to raise the
renders to the Crown of those estates which were alleged to
have been underrated in the Record of Domesday, and to dis
cover ancient encroachments on the royal domains. § Though

* Anglia Sacra, vol. ii. 694. Hunt. De Contemptu Mundi, 698. Spel.
Gloss. 109. Or. Jur. 1. Turner's History of England, i. 406. Lives of Chan
cellors, i. 4, Parkes, 22,
t William of Malmesbury.
\ The true maxim was " nullus causidicus nisi clericus. "
§ Hie juvenera fraudulentis stimulationibus inquietavit Regcra, incitans ut

CONQUEST TO THE REIGN OP HENRY II. 49
a churchman, he openly advised the King to apply the re- chap,
venues of the church to his own use. So greatly was Rufus "'
delighted with these services, that he pronounced Chancel-
lor Flambard to be the only man who to please a master
was willing to brave the vengeance of all the rest of man
kind. *
In the midst of the ill-will and the envy which the Chan- piot
cellor excited, a plot was laid to get rid of him, — very different ^"'^'^
from the intrigues of modern times resorted to for the same
purpose. Gerold, a mariner who had formerly been in his
service, set on by rival courtiers, one day pretended to come
to him as a messenger from the Bishop of London, and pre
vailed on him to step into a boat on the margin of the
Thames, that he might visit this venerable Prelate, repre- '
sented to be lying at the point of death in a villa on the
opposite bank. When the Chancellor had reached the middle
of the river the boat was suddenly turned down the stream,
and he was soon forcibly taken from it, put on board a ship,
and carried out to sea. The intention was, that he should be
thrown overboard, but fortunately for him, • before this was
executed, a tremendous storm arose ; a superstitious dread
overtook some of those engaged to murder him; they
quarrelled among themselves ; Gerold, the chief conspirator,
was induced by entreatlest and promises to put him ashore ;
and on the third day, to the amazefaient and terror of his
enemies, he appeared at Court with the Great Seal In his
hand, as If nothing extraordinary had happened.
He was now made Bishop of Durham, in consideration of i^'^ pre-
a present of lOOOZ. extracted from him by the King, who had
been taught by him to keep ecclesiastical benefices long va
cant, and then to sell them to the highest bidder.
According to some authorities Flambard was farther ad
vanced to the offices of treasurer and justiciary, but at all
events he appears to have held the Great Seal along with his
*
totius Anglise reviseret descriptionem, Anglicaeque telluris comprobans iteraret-
partitionem, subditisque recidbrit, tam advenis quam indigenis quicquid invene-
retur ultra certam dimensionem. Ord. Vital. 678.
* Malmes. 69. 158.
VOL. T. E

50

CHANCELLORS PROM THE

CHAP. IL
Committed
to Tower.

Exile and
death of
Flambard. A.D. 1105.

A.D. 1100.
Giffard, Chancellor
the third
time.

other employments (whatever they were) till the end of this
reign. On Rufus coming to his untim^ely end, the indignation of
the people broke out against his obnoxious minister ; and to
satisfy the public clamour, Flambard was committed to the
Tower by the new govei-nment. Here he is said to have hved
sumptuously on the allowance which hci received from the
Exchequer, and presents which were sent him, tiU, having
lulled the vigilance of his keepers, he contrived to escape. In
the bottom of a pitcher of wine sent to solace him was con
cealed a coil of rope. He Invited the knights who guarded
him to dine with him and partake of the wine ; they remained
drinking till late in the evening, and when they had at last
reclined on the floor to sleep, the Ex-chancellor, with the aid
of this rope, let himself down from the window, and was
received by his friends, who conducted him to the sea-shore
and safely landed him in Normandy. He was there kindly
entertained by Duke Robert, and notwithstanding his many
misdeeds, and the many perils he had run, he peaceably ended
his days in his native land. But he is branded to all posterity
as " the plunderer of the rich, the exterminator of the poor,
and the confiscator of other men's inheritances." *
Henry I. was no sooner placed 'on the throne by the means
we have glanced at in the life of Lord Chancellor Maurice, now
Bishop of London t, than he restored the Great Seal to Wil
liam GiPPARD, Bishop of Winchester, who, from the infamous
conduct of the last two Chancellors, in spite of his inconsist
encies and want of steady principle, had come to be regarded
with some respect ; and the new Sovereign aimed at popu
larity by this appointment, as well as by the commitment
and threatened punishment of Flambard.
When Duke Robert returned from the taking of Jerusalem
and Invaded England, claiming the crown both as his birthright
and under the agreement with Rufus, It was generally felt that,
from his incapacity to govern, notwithstanding his personal
bravery, he had not for a moment any chance of success,
and Lord Chancellor Gifford adhered, steadily to the youngest

William of Malmesbury.

t Ant^, p. 42.

CONQUEST TO THE REIGN OP HENRY 11. 51
brother, to whom he had sworn allegiance. He continued to chap.
hold the Great Seal under him for six years, until, after the ^ ^'
conquest of Normandy and the Imprisonment of Robert, the
formidable dispute broke out with Anselm respecting inves
titures. Giffard's feelings as a churchman outweighed his
gratitude to the family of the Conqueror, and the leaning
which, as Chancellor, he must have had in favour of the
power of the Crown. He took a decided part with the Pri
mate, and re-echoed the words of Pascal, the Pope, " Priests
are called gods in Scripture, as being the vicars of God;
and will you, by your abominable pretensions to grant them
their investiture, assume the right of creating them." *
Henry dismissed him from the office of Chancellor, and a.d. 1107.
banished him the kingdom. After the compromise with Dismissal
. 11 1 1 • T ,1 ^""3 banish-
Anselm, he was allowed to return to his diocese, but he was ment of
never restored to favour. He lived some years in tran- ciiffard.
quiUity, and dying at Wiiichester was burled In the cathedral
there. He Is famed for having built the palace in South
wark, near London Bridge, in which, for many centuries,
the Bishops of Winchester resided when they visited the
metropolis, and the site of which still belongs to the see. He
likewise founded a convent for monks at Framley, and
another for nuns at Taunton, f
On the dismissal of Giffard, Henry would have been glad
to have appointed a layman for his ChanceUor, but persons
In orders only were then considered qualified to hold the
office. He selected one who, though a priest, had not yet
received much preferment, and who might be expected to be
submssive to the royal will. This was Roger, afterwards Roger,
Bishop of Sarum, who was of obscure origin and of defective gaUsbury,
education, but who, from his parts and his pliancy, made a Chancellor.
distinguished figure in this and the succeeding reign.
Roger began his career as a country parson, — the incum- His origin
bent of-' a small parish in the neighbourhood of Caen, in '^'
Normamdy. The story goes, that Prince Henry, then in the
employment of his brother Robert, accidentally entered with
some of his companions the little church In which Roger was
* Eadmer, p. 61.
t Or Jur. 1. Spel. Gloss. 109. De Gestis Pont. lib. i.
I! 2

52

CHANCELLORS PROM THE

CHAP. IL

Roger's
rise.

His con
duct as
Chancellor.

Made Chief Jus
ticiar.

saying mass. The priest recollecting that soldiers do not
generally like long prayers, and being more anxious for
favour on earth than in heaven, dispatched the service with
extraordinary rapidity. Whereat they were all so well
pleased that the Prince jestingly said to him, " Follow my
camp,'* — which he did; — and this was the first step in the
preferment of the man who was afterwards Lord Chancellor,
Bishop of Salisbury and Chief Justiciar, and who had great
influence in disposing of the Crown of England.
Henry at first employed him only as chaplain, but as he
kept up his reputation for short prayers and showed other
courtier-like qualities, though he was rather illiterate, he
was appointed private secretary, and gained the entire good
will of the Prince. Since the commencement of the present
reign he had been a sort of humble dependant at court, -^
generally liked, but not much respected, — and hardly con
sidered fit to be promoted to any high station. Henry, afraid
of clerical pride and obstinacy, — In his present difficulty to
find a pliant priest, conferred the Great Seal upon him, with
the title of Chancellor.
Roger's faculties always expanded with his good fortune.
He now showed great dexterity in business, and executed all
the duties of his office entirely to the satisfaction of the King,
and even of the public. Without seeming to desert the in
terest of his order, he supported the kingly prerogatives and
he was mainly Instrumental In bringing about the accommo
dation with Anselm which suspended to a future time the
collision between the crown and the mitre. Henry rewarded
him with the Bishopric of Salisbury, and grants of many
manors. When he had filled the office of Chancellor for some years,
he resigned It for the still higher one of Chief Justiciar*;
which he held till near the conclusion of this reign. He was
now really prime minister, although the title was not yet
known in any European monarchy, — and during the King's
residence in Normandy, sometimes for years together, he
governed England as Regent.

* H. Hunt. lib. vii. p. 219.

CONQUEST TO THE REIGN OP HENRY II. 53
He is much celebrated for his skill in conductins the ne- chap.
gotiations respecting the succession to the Crown after the
melancholy shipwreck in which the King's only son perished. ^^^ jjgo
Matilda, his daughter, married first to the Emperor Henry V., Roger's
and then to Geoffry, Count of Anjou, was the great object of set'tlement"
his affections; and his solicitude now was that she might sue- °f*«
ceed him in all his dominions. But the laws by which the
Crown was to descend were then by no means ascertained.
Although Queen Boadicea had ruled over the Britons, — among
the Anglo-Saxons no female had mounted the throne; the
Salic law was supposed to prevail in Normandy, and no one
could say whether with the Norman dynasty It was to be
considered as transferred Into England. Supposing females
to be excluded from the succession, It was doubtful whether
the exclusion would extend to a male deriving his descent
from the royal stock through a female. Roger, to suit his
present purpose, now laid it down ex cathedra as incontro
vertible doctrine, " that the Crown, like a private inheritance,
should descend to the daughter and heiress of the person last
seised ; " and he was greatly instrumental In obtaining from
the Barons of England as well as Normandy a recognition
of Matilda as successor to her father In both countries. He
even succeeded In prevailing upon them to swear fealty to her
— himself setting the example.
He continued in high favour with Henry for several years ; Diiinissat
but afterwards from some dispute, the nature of which has jj^. j^gg,
not been explained to us, he was dismissed from the office
of Chief- Justiciar, which was given to De Vere, Earl of
Oxford, No sooner did a demise of the Crown take place than *•"¦ ^'''^'
Roger, forgetting what he owed to the late King, and his supports
oath to Matilda, and listening to the offers of her rival "^"Jp^"'""
' => . of Stephen.
Stephen, the grandson of the Conqueror by his daughter,
married to the Count of Blois, — was active in persuading the
Archbishop of Canterbury to give the royal unction to the
usurper, and Influenced many- of the Barons to declare in
his favour on the new constitutional doctrine which he
propounded, " that males only could mount the throne of
England, but that a male might claim through a female." He
E 3

54 CHANCELLORS PROM THE
CHAP, defended his consistency, — asserting that circumstances only
had changed, and that he stlU remained true to his principles.
Stephen, getting possession of the government, Rc^er, the
Ex-chancellor, was rewarded for his bad law and his perfidy
by the office of Lord Treasurer. He was now in all things
highly favoured by the new king, and, under a licence from
him, erected at Devizes one of the largest and strongest castles
in England, where he appears to have displayed a sort of
sovereign state and independence.
Before long he quarrelled with Stephen, who had con-'
vened a council at Oxford, to which the Bishops were all
summoned. Roger refused to attend, and set at defiance all
Roger be- i\iq threats held out to induce him to submit. A strong
sieged ill , . 1 . 1 T^ .
his castle, forcc being sent against his castle at Devizes, he showed a
determination to hold out to the last extremity, and he would
probably have made a long defence, and might have been
rescued by the assistance of other turbulent and faithless
Barons if an expedient had not been resorted to which
Surrenders, strongly marks the barbarous manners of the times. The
Bishop had a natural son, to whom he was much attached.
The King having got possession of this youth, threatened to
hang him before the walls of the castle, in his father's sight,
unless the castle were immediately delivered up. The menace
had the desired effect, and the Bishop unconditionally sur
rendered. His sacred office protected him from personal
His death, violence, but he soon after fell ill of a quartan ague, and died
on the 4th of December, 1139.
His cmer We have the following graphic sketch of the career of this
by'wiiUam ChanccUor from William of Malmesbury. " On the 3d of
of Malmes- the Idcs of December, Roger Bishop of Salisbury, by the
kindness of death, escaped the quartan ague which had long
afflicted him. To me it appears that God exhibited him to
the wealthy as an example of the mutability of fortune^ that
they should not trust in uncertain riches. He first in
gratiated himself with Prince Henry by prudence In the
management of domestic matters, and by restraining the ex
cesses of his household. Roger had deserved so well of him
in his time of need, that, coming to the throne, he denied him
notHng; giving him estates, churches, prebends, and abbeys;

CONQUEST TO THE REIGN OP HENRY II. 55
committing the kingdom to his fidelity ; making him Chan- chap
cellor and Bishop of SaUsbury. Roger decided causes, had "'
the charge of the treasury, and regulated the expenditure of
the kingdom. Such were his occupations when the King
was in England ; such, without an associate or Inspector,
when the King resided in Normandy. And not only the
King, but the nobility — even those who were secretly stung
with envy by his good fortune, and more especially the in
ferior ministers and the debtors of the King — gave him
almost whatever he could fancy. Did he desire to add to
his domain any contiguous possession, he would soon lay hold
of it by entreaty, or purchase, or force. He erected splendid
mansions of unrivalled magnificence on aU his estates.
'His cathedral he dignified to the utmost with matchless
buildings and ornaments. In the beginning of Stephen's
reign his power was undiminished, the King repeating
often to his companions, ' By the birth of God, I would give
him half England, if he asked for It. Till the time be
ripe, he shall tire of asking before I tire of giving.' But
Fortune, who in former times had flattered him so long and
so transcendently, at last cruelly pierced him with scorpion
sting. The height of his calamity was, I think, a circum
stance which even I cannot help commiserating ; — that
ihough In his fall he exhibited to the world a picture of such
wretchedness, yet there were very few who pitied him ; . — so
much envy and hatred had his excessive prosperity drawn on
him from all classes, not excepting those very persons whom
he had advanced to honour."*
The precise time when Roger gave up the custody of the Other
Great Seal in exchiange for the office of Chief Justiciar Is not „/ h"™"™^
ascertained ; and there is great obscurity with respect to the
Chancellors after him during the remainder of the reign of
Henry I. Waldric, GoDPRtev Bishop of Bath, Herbert
Bishop of Norwich, Geoppkey Rupus Bishop of Durham,
Ran¥Lphus, or Arnulph, and Reginald Prior of
Montague, are enumerated In different lists of Chancellors,
and are casually noticed by different writers as having held

Gesta, Rey. Angl. \i. 637.
1 4

56

chancellors prom the

chap. IL

GeoffreyRufus.

Bought
office of
Chancellor.

Ranul
phus.

the Great Seal in this interval * ; but the superior splendour
of Roger of Salisbury threw them all into obscurity ; and
little is known respecting any of them, with the exception
of Geoffrey Rufus and Ranulphus, and it would have been
well for the memory of these two if they had been as little
known as all the rest.
Geoffrey Rupus is famous for being recorded as the
first that openly bought the office of Chancellor for money.
There was an ancient legal maxim, " Quod Cancellaria non
emenda estf," yet the Pipe Roll of 31 Henry I. states that
Geoffrey Rufus, Bishop of Durham, purchased the Chancery
from the King for 3006Z. 13s. Ad., a sum equivalent to
45,000?. of present money |; and he must, no doubt, have
been guilty of much extortion and oppression to indemnify
himself for so great an outlay. From the fractional sum which
the Great Seal then fetched, we might almost suppose that it
had been put up to auction and sold to the highest bidder.
In subsequent reigns we shall find other instances of its being
disposed of for money ; but we are never distinctly Informed
whether this was by public auction or private contract.§
Of Ranulphus Henry of Huntingdon relates, that from
the general hatred excited by his misdeeds, he was supposed
to have come to his end "by a special visitation of Divine
Providence. The King having kept his Christmas at Dunsta
ble, proceeded toBerkhamstead. " Here there was a manifesta
tion of God worthy of himself. Ranulphus, the King's Chan
cellor, had laboured under sickness for twenty years. Never-
* Or. Inst. 1. Spel. Gloss. 109.
(¦ This probably arose from the semi-sacred nature of the office, including
the care of the king's chapel and the keeping of his conscience, so that the
purchase of it might be considered to savour of simony.
:j: Et idem Cancellarlus, viz., " Gaufridus debet MMM et vi 1. et xiijs. et iiijd.
pro sigillo." "This is the most ancient roll in the series, and for many years was
supposed to belong to the 5th Stephen. But, first, Prynne discovered it had been
wrongly assignee^ and fixed it to the 18th Henry I. :— then Madox (though he
always quotes it as 5 Steph. in the body of his " Exchequer,") in a learned Latin
" Disceptatio," following the " Dialogus de Scaccario," at the end of liis work,
clearly shows that it belongs to Henry's reign, but leaves the precise year
uncertain: — lastly, Mr. Joseph Hunter, in his Preface to the Roll itself, pub
lished by the Record Commission, proves without the possibility of a doubt,
that the Roll is that of 31 Henry I.
§ The office of Common.lai»^ Judge was likewise venal. ' The same year
Richard Fitz-Alured fined in fifteen marks of silver that he might sit with
Ralph Basset at the King's Pleas, " Ricardus filius Aluredi dabat xxv. mareas
argenti ut sederet cum Radulfo Basset ad Placita Regis."  Mad, Ex. iv. 3.

conquest TO THE REIGN OP HENRY II. 57
theless, at court he was ever more eager than a young man chap.
after all manner of wickedness, oppressing the innocent and ^'^'
grasping many estates for his own use. It was his boast, that
while his body languished his mind was stiU vigorous. As
he was conducting the royal party to his castle, where the
King proposed to stay some time as his guest, and he had
reached the top of a hill from which the stately structure
might be descried, — while he was pointing to it with great
elation, he fell from his horse, and a monk rode over him.
In consequence, he was so bruised that he breathed his last
in a few days. LJcce quanta superbia quam vilissime, Deo
volente, deperiit." *
We shall not attempt giving any further details respecting
the Chancellors of Henry I. It is to be regretted that the
accounts of them which have descended to us are so very
scanty. From the character of this Sovereign, who was not
only a great warrior, but the brightest wit and most accom
plished scholar of his age, we may believe that those who
were selected by him to hold his great seal, and consequently
to be In constant familiar Intercourse with him, were dis
tinguished by their talents, acquirements, and agreeable
manners. We .should be particularly glad to. know which
of them was the author of the Code which passes under the
name of Henry I., but which must have been compiled by a
jurist under his orders, — a work so useful to instruct us in
the manners and customs of the times, and showing the great
distinction still made between the English and the Normans.
But though the names of these functionaries are preserved as
having filled the office of Chancellor, dark night envelops
their history and their character.
When, on the usurpation of Stephen, the Ex-chancellor Aiex-
Roger, Bishop of Salisbury, had by his treachery to the chancellor
family of Henry, his benefactor, acquired great Influence toTCing
with the new Sovereign and made himself Treasurer, he ob- ^I'^^'^l^^s.
tained for his nephew Alexander the office of Chancellor,
and made him Bishop of Lincoln.
It Is related that there was In the first year of this His con-
reign a convention of the estates held at Oxford, at which chancellor.
* Hen. Hunt. lib. vii. p. 382. The last reflection is too quaint for trans
lation.

58

CHANCELLORS FROM THE

CHAP. IL

Character
of Alex
ander.

Roger Pauper,Chancellor.

the Chancellor presided under the King, when a charter
was passed, confirming the liberties of the church, the
barons, and the people.* On this occasion the new Chan
cellor seems to have given considerable satisfaction; but
it is said that having been brought up in great' luxury
by his uncle, he had contracted an inordinate taste for
expence, which soon brought him into difficulty and dis
grace. Wishing to excel other chiefs by his splendour and
his largesses, he tried to supply the deficiency of his own
resources by preying upon others who were In Ms power-
Still his extravagance exceeded aU his means of supplying It.
His vanity was gratified by being called " the Magnificent "
at the Court of Rome. He went thither In. 1 142, and again in
1144, with a view to settle the disputes between the King and
the Ppoe, and he had the singular good luck in these negotia
tions to please both parties. With the approbation of the
King he was appointed legate by the Pope, with power to
convene a Synod, at which several useful canons were made
to repress the enormities of the times. He made a third
journey to the Pope, then in the south of France, where, in
the month of August, in the year 1147, growing sick, as was
supposed from the heat of the climate, he returned home and
died. During his career he had been more than once In arms
against his Sovereign. Besides founding convents, he built
three strong castles, Banbury, Sleford, and Newark. These
excited the jealousy of Stephen, who compeUed him to sur
render them, and, after he had got possession of Newark,
this capricious tyrant for some time detained him in prison.
However, he was speedily restored to favour, and at his death
was denominated " Flos et Cacumen Regni et Regis."!
His successor as Chancellor was the natural son^f his
uncle "Roger the Great," Bishop of Salisbury. This
promotion shows strongly the power and influence which the
family had attained; for the new Chancellor displayed no
personal good qualities to compensate for the stain on his
birth. He Is mentioned by the monkish historians under the
* Pari. Hi.st. 5.
t Hen. Hunt. lib. vii. p. 290. Guil. Neib. 1. i. t. 6.

CONQUEST TO THE REIGN OF HENRY II. 59
name of " Roger Pauper." He seems neither to have chap.
possessed the wealth nor the pliancy of his father. Taking ^^'
part with the Barons who held out their castles against the
IQng, he was made prisoner. He might have been set at
liberty If he would have changed sides ; but this he constantly
refused to do, even when threatened with the penalties of
treason. As a singular favour he was allowed to abjure the
realm, and he is supposed to have died in exile.*
We ought here to mention the Chancellors of Queen a.d. 1142.
Matilda. Though not enumerated by historians among the Quera
sovereigns of England, she was crowned Queen, and while FiTZGIL—
Stephen was her prisoner, — by the prowess and fidelity of bert her
her natural brother, Robert Earl of Gloucester, she was in Chancellor.
the enjoyment of supreme power throughout the greatest part
of the kingdom. Making the city of Gloucester her me
tropolis, she filled up all the great offices of state with her
adherents. She was the first English sovereign that ever in
trusted the Grest Seal to the keeping of a layman. For her
Chancellor she had William Fitzgilbert, a knight who
had gallantly fought for her ; and she granted the office In
reversion to Alberic de Vere, Earl of Oxford, to be held by
William de Vere his brother, when It should be rendered up
by William Fitzgilbert.
But Stephen was released from prison, and after a pro- a.d. fiso,
tracted struggle, being successful in the field, this grant was
nullified by the arrangement allowing him to reign during
his life, and the sceptre on his death to descend to the issue
of Matilda.
-' There are three other Chancellors of this reign whose other
names have been discovered by antiquaries, Philip, Robert ^J^^^f'
DE Gaut, and Reginald, Abbot of Waldenf; but every Stephen.
thing respecting them is left in impenetrable obscurity.
What part they took In the civil war, whether they mitigated
or aggravated its horrors, and whether they were steady to
their party or changed sides as interest prompted, must re
main for ever unknown. Of this disturbed period little can
be learned respecting the administration of justice or change
* Ord. Vit. pp. 919, 920. f Spel. Glos. 109.

60 CHANCELLORS FROM THE CONQUEST, ETC.
CHAP, of laws. The contending parties were both exclusively
^^" Norman; the descendants of the conquered were equally
oppressed by both, and no one had yet arisen to vindicate the
reputation or to defend the rights of the Anglo-Saxon race.
The darkest hour Is immediately before break of day, and the
next Chancellor we have to Introduce to the reader was of
Saxon origin ; he was one of the most distinguished men of
any race that this island has ever produced, and he Is now
Invoked as a Saint by all the votaries of the Romish church.
We have a full and minute biography of him by a contem
porary who was his kinsman, and the various events of his life,
which make a conspicuous figure in our national annals, are
as well known and authenticated as if he had flourished in the
eighteenth century.

THOMAS a BECKET. 61

CHAPTER III.

LIFE OF LORD CHANCELLOK THOMAS a BECKET.

King Stephen having died In the year 1154, he was sue- CHAP.
ceeded by the son of Matilda, the first of the Plantagenet
line, — a prince for vigour and ability equal to any that ever jj^j, g
filled the throne of England. From early youth he had a.d. 1154.
given presage of his discrimination and talents for govern
ment, and one of the first acts of his reign after his arrival
in England, was to appoint as his Chancellor the famous
Thomas k Becket.*
Gilbert Beck or Becket, the father of this most extraor- Parentage.
dinary man, was of Saxon descent, a merchant In London,
and though only of moderate wealth had served the office of
sheriff of that city. His mother, whose name was Matilda,
was certainly of the same race, and born in the same con
dition of life as her husband ; — although, after her son had story of
become chancellor and archbishop, a martyr and a saint, — a [jgj„g j,,g
romantic story was invented that she was the daughter of an daughter of
_^ , . ¦ , /-1 .11 1 f 1 . *" Emir.
Emir In Palestine ; that Gilbert, her tuture consort, having
joined a crusade and being taken prisoner by her father, she
fell in love with him ; that when he escaped and returned to
his native country, she followed him, knowing no words of
any western tongue except " London " and " Gilbert ; " that
by the use of these she at last found him in Cheapslde ; and
that being converted to Christianity and baptized, she became
his wlfe.f
• We are not informed in whose custody the Great Seal was between the
king's accession and the appointment of Becket.
t 'rtat monkish chroniclers and old ballad-mongers should have repeated and
credited this fable is not surprising; but I cannot conceal my astonishment to
find it gravely narrated for truth by two recent, most discriminating and truthful
historians, Sharon Turner and Thierry, who, while they were enlivening, one
would have thought must have had some suspicion that they were deluding their
readers. Becket himself, in an epistle in which he gives an account of his
origin, is entirely silent about his Syrian blood, and Fitzstephen, his secretary

62 reign op henry il
CHAP. Thomas, their only child, was born in London in the
"  year 1119, in the reign of Henry I. Being destined for the
Birth, 1119. Church, his education was begun at Merton Abbey in
Education. Surrey, and from thence he was transferred to the schools of
London, which (making ample allowance for exaggerated
praise) seem then to have been very flourishing,* He was
- afterwards sent to finish his studies at Paris, where he not
only became a proficient in philosophy and divinity, but like
wise in all military exercises and polite acquirements, and
was made an accomplished cavalier. One great object of his
residence in Paris was to get rid of his English accent, which
was then a mark of degradation and a bar to advancement.
When he returned, It might well have been supposed from
his conversation and manners, that his ancestor had fought at
Hastings under the banner ^of the Conqueror, and that his
family had since assisted It^ continuing the subjugation of the
conquered race.
says expressly that he was born of parents who were citizens of London. I
should much sooner expect to find the statement believed, that his mother when
with child of him dreamed that she carried Canterbury Cathedral in her womb,
or that the midwife, when she first received him into the world, exclaimed,
" Here comes an archbishop," — for which there is uncontradicted authority,
" Eum in lucem editum obstetrix in manibus tollens, ait, Archiepiscopum
quendam a terra elevavi." — Fitzst. 10. The story of the Emir's daughter
first appears in the compilation called Quadrilogus, not written till long after,
lib. i. c. 2.
* " In Lundonia tres principales ecclesiae scholas celebres habent de privilegio
et antiqua dignitate. Disputant scholares, quidam demonstrative, dialectice
alii ; hii rotant enthymemata ; hii perfectis melius utuntur syllogismis. Qui
dam ad ostentationem exercentur disputatione, qua3 est inter colluctantes ; alii
ad veritatem, quEe est perspectionis gratia. Oratores aliqui quandoque orationi-
bus rhetoricis aliquid dicunt apposite ad persuadendum, curantes artis prwcepta
servare et ex contingentibus nihil omittere. Pueri diversarum scholarum
versibus inter se conrixantur ; aut de principiis artis grammaticse, vel regulis
praeteritorum vel supinorum, coutendunt. Sunt alii qui in epigrammatibus,
rythmis et metris, utuntur vetere ilia trivial! dicacitate.; licentia Fescennina
socios, suppressis nominibus, liberius lacerant ; loedorias jaculantur et scom-
mata ; salibus Socraticis sociorum vel forte majorum, vitia tangunt ; vel mor-
dacius dente rodunt leonino audacibus dithyrambis. Auditores, multum ridere
parati, Ingeminant tremulos naso crispante cachinnos."
— Descriptio polullgnamce civitatis LundonitB, 4, Fitzstephen is equally eloquent
in describing the sports of the Londoners, " Plurimi civium delectantur,
ludentes in avibus coeli, nisis, accipitribus et hujusmodi, et in canibus mili-
tantibus in .sylvis. Habentque cives suum jus venandi in Middlesexia, Hert-
fordsira et tota Chiltra, et in Cantia usque ad aquam Crayaj, p. 9. But he
shakes our faith in all his narratives by asserting that, in the reign of Stephen,
London was capable of sending into the field 20,000 cavalry, and 60,000 in
fantry, p. 4.

THOMAS a BECKET. 63
Like Sir Thomas More, one of his most distinguished CHAP.
successors, he began his career of business by holding a. ^'^'
situation in the office of the Sheriff of London ; but this was jjoUls
not at all to his taste, and he soon contrived to Insinuate office under
himself into the good graces of a great baron of Norman blood London"
resident in the neighbourhood of the metropolis, with whom
he gaily spent his time in racing, hunting, and hawking, —
amusements forbidden to the Saxons.
His next patron was Theobald, Archbishop of Canterbury, Patronized
who finding him a youth of uncommon parts, and captivated !^^,J''!°',
with his graceful and winning address, made him take deacon's bishop of
orders, and conferred upon him the livings of St. Mary le Strand F''"'^'"
andOthford In Kent, with prebends in the cathedrals of London
and Lincoln. His ambition for high preferment was now
kindled; but he found himself deficient in a knowledge
of the civil and canon law, then the great means of advance
ment both in church and state, and he prevailed on his patron
to send him to Bologna, which had been for some time the
most famous university of the world for such studies. After
residing there a year, attending the lectures of the celebrated
Gratian, he went to Auxerre in Burgundy, where there was
likewise a flourishing juridical school, and he returned to
England fully qualified for any situation, however exalted,
to which fortune might raise him.
He was now promoted to the archdeaconry of Canterbury, Made
an office of considerable trust and profit. Displaying great ^/canter-"
talents for business, he gained the entire confidence of the bury.
primate, and was employed by him in two dehcate negotia
tions with the court of Rome. The first was to recover for
the see of Canterbury the legatine power which properly
belonged to the primacy, and of which it had been stript.
This point he carried, to the great delight of Theobald, who
attached the highest importance to it.
The next was a matter of more national Importance. Not- a.d. 1153.
withstanding the solemn treaty between Stephen the reigning
king, and Henry the son of Matilda, the right heir to the
crown. Intrigues were going on to defeat the succession of
the Angevin line, and a plan was in contemplation to have
Eustace, the son of Stephen, crowned King of England in his

64

REIGN OP HENRY II.

CHAP. IIL

Rome.

A.D. 1154.
Appointed Chancellor

father's lifetime. Theobald and the majority of the prelates
remaining true to their engagement, deputed Archdeacon
Becket to obtain from Pope Eugenlus a bull against any
bishop officiating at the coronation of the son of Stephen,
Missions to Xhls mission was attended with considerable difficulty, for
young Henry Plantagenet had already shown himself hostile
to the encroachments of the papal see, and there was an
apprehension of danger from the union of the crown of
England with his immense continental possessions, extending
from PIcardy tp the Pyrenees ; — and one of the cardinals
who favoured Eustace, observed to Becket, that "it would
be easier to hold a ram by the horns than a lion by the tail,"
But Becket's great abilities in negotiation proved successful,
the intended coronation was prevented, and on the death of
Stephen, Henry was peaceably proclaimed king.
The new Sovereign was then in Normandy. On his arrival
in England he was informed by Archbishop Theobald, who
crowned him, of the services of the Archdeacon of Canterbury,
and k Becket, then the handsomest and the most accomphshed
young man in the kingdom, was presented to him. Henry
was at once captivated by his appearance and his agreeable
acquirements, and soon admitted him to his familiarity and
confidence. The future Saint, at this stage of his career, has
incurred the suspicion of having forgotten what was due to
the priestly character and to the strict rules of morality, for
the purpose of securing an Influence over the dissipated'
Sovereign. He not only joined him In military exercises
and In the sports of the field, but In all sorts of court
festivities, and It is to be feared in revelries,' which could
only be palliated by the habitual licence of Norman manners;
although some of his biographers stand up for his immaculate!
purity in the midst of the most alluring temptations.
Archbishop Theobald was at first the King's chief favourite
and adviser, but his health and his influence declining, Becket
was found apt for business as well as amusement, and gra
dually became intrusted with the exercise of all the powers,
of the crown. He received the wardenship of the Tower of
London, the custody of the castle of Berkhampstead, and the
honour of Eye, with the service of' 140 knights^

Intimacy
. with Henry
II.

THOMAS a BECKET. 65
The exact time of his appointment as Chancellor has not chap.
been ascertained, the records of the transfer of the Great Seal ^^^'
not beginning till a subsequent reign, and old biographers "
being always quite careless about dates.* But he certainly —1157.
had this dignity soon after Henry's accession, and to him are
ascribedeby historians the restoration of the laws of Henry I.,
the resumption of the grants by. which Stephen had Im
poverished the crown, the restoration of the English exiles
who had fled to the Continent during the late troubles, and
the other wise and liberal measures which characterised the
commencement of this reign. While he continued Chancellor,
the office of Grand Justiciar does not seem = to have been
fllled up, and, except the King, he had no superior. Tall in
stature, with a placid, handsome, and commanding counte
nance, his figure pleased the eye ; while his subtle reasonings,
his polished elocution, and facetious gaiety, won the heart.
His loftiness of mind, that was proud and ceremonious with
rank and power, softened into affability, gentleness, and
liberality towards his inferiors and dependents. Popularity
being his passion, he studied to be attractive, and he knew
that the condescensions of greatness have still greater in
fluence than its power, f He was the first to give the office
of Chancellor the pre-eminence and splendour which have
since belonged to it.
We may imagine the joy of the Saxon race In witnessing
his elevation. For nearly a century they had been treated as
aliens and serfs in their own country ; no one of Saxon blood
had been promoted to any office of distinction, civil, military,
or ecclesiastical. The tradition was, that the Danish dynasty
established by Canute, had been overturned by too great
leniency being shown to the native English ; and William
and his descendants were resolved to avoid a similar error.
The Anglo-Saxon language was proscribed at court: the
Normans would at this time as little have condescended to
learn k as the language of the wild Irish whom they soon
after conquered ; and every opportunity was taken to show
* Spelman makes him ChanceUor in 1154, and Dugdale not till 1157.
•j- Gervase, 1668.
VOL. I. '^

66

REIGN OP HENRY IL

CHAP. IIL

His duties
as Chan
cellor.

Fitzste
phen's ac.
count of
his habits.

contempt for the dress, the habits, and the manners of the
subjugated descendants of Hengist and Horsa.
Becket had risen by acquiring the dialect and accomplish
ments of the dominant caste, but he was too noble-minded
now to be ashamed of his origin: he proclaimed his lineage,
and professed himself a protector of the rights and liberties of
all his countrymen.
It Is doubtful whether at this time the Chancellor had any
separate judicial duties ; but we know that Becket sat as a
member of the Supreme Court or Aula Regis ; that he sealed
all the King's grants with the Great Seal ; that he had the care
of the royal ehapel ; and that he acted as secretary to the
King in domestic affairs, and In all foreign negotiations.
Of his conduct, habits and demeanour, while he continued
Chancellor, we have a very graphic and trustworthy account
from his secretary ; — and instead of diluting it, after the
modern fashion. Into a mixture from which all its pun
gency and raciness would evaporate, I think I shall much
better convey an accurate notion of the character of the
individual, and of the manners of the times, by a literal trans
lation of a few of the most remarkable passages of this inte
resting work.
" The Chancellor's house and table were open to all of
every degree about the court who wished to partake of his
hospitahty, and who were, or appeared to be, respectable.
He hardly ever sat down to dinner without earls and barons
whom he had Invited. He ordered the rooms in which he
entertained company to be daily covered during winter with
clean straw and hay, and In summer with clean rushes and
boughs *, for the gentiefolks to lie down upon, who on account
of their numbers could not be accommodated at the tables, so
that their fine clothes might not be soiled by a dirty floor.
His house was splendidly furnished with gold and silver
vessels, and was plentifuUy supplied with the most costly
meats and wines.
" The prime nobility of England and the neighbouring king-

w^* ,V"f'«".7''>'!'* continued in England down to the time of Erasmus, and
which he describes in nearly the same words.

THOMAS k BECKET. 67
doms sent their sons to be servants to the Chancellor. He CHAP.
gave these young men handsome entertainment and a liberal ^^^"
education, and when he had seen them duly admitted into
the order of knighthood he returned them back to their fa
thers and relations. Some he retained near his own person.
The King himself intrusted his own son, the heir apparent of
the kingdom, to be brought up by him, and the Chancellor
maintained the prince with all suitable honour, together with
many sons of the nobility of the same age, and all their train,
instructors, and servants.
" Many nobles and knights paid homage to the Chan
cellor, which he received with a saving of their allegiance to
the King, and he then maintained and supported them as
their patron.
" When he was going beyond sea he had a fleet of six or
more vessels for his own use, and he carried over free of
expence all who wished to cross at the same time. When he
was landed he recompensed the masters of his ships and the
sailors to their hearts' content. Hardly a day passed in which
he did not give away magniflcent presents, such as horses,
hawks, apparel, gold or silver furniture, or sums of money.
He was an example of the sacred proverb : — Some bountifully
give away what belongs to them, and still always abound; while
others seize what does not belong to them, and are always in
want. So gracefully did the Chancellor confer his gifts, that
he was reckoned the charm and the delight of the whole
Latin world.
" The Chancellor was In high favour with the King, the
clergy, the army, and the people, on account of his eminent
virtues, his greatness of mind, and his good deeds, which
seemed to spring spontaneously from his heart. Serious
business being finished, the King and he consorted as young
comrades of the same station, — whether In the palace, in
church, in private society, or In excursions on horseback.
" Ofle cold wintry day they were riding together through ^tory of
the streets of London when they observed an old beggar-man \^^ ^^"^1
coming towards them, wearing a worn-out tattered garment. J^'^'"^'^^""!
Said the King to the Chancellor, ' Do you see that man ? '— ^^n. ^^^""
Chancellor. 'I see \^\m:—King. ' How poor! how wretched !
F 2

68 REIGN OF HENRY II.
CHAP, how naked he is ! Would It not be great charity to give him
^"- a thick warm cloak ? ' — Chdneellor, ' Great indeed ; and you,
 as King, ought to have a disposition and an eye for such
things.' Meanwhile the beggar comes up; the King stops,
and the Chancellor along with him. The King in a mild
tone addresses the beggar, and asks him ' if he would like to
have a good cloak?' The beggar, not knowing who they
were, thought It was all a joke. The King to the Chancellor.
— ' You indeed shall have the grace of this great charity ; '
and putting his hands on a very fine new cloak of scarlet and
ermine which the Chancellor then wore, he struggled to pull
It off, while the Chancellor did his best to retain it. A great
scuffle and tumult arising, the rich men and knights who
formed their train, in astonishment, hastened to find out what
sudden cause of contest had sprung up, but could gain no
information : both the contending parties were eagerly en
gaged with their hands, and seemed as if about to tumble to
the ground. After a certain resistance the Chaneellor aUowed
the King to be victorious, — to pull off his cloak, — and to
give it to the beggar. The King then told the whole story
to his attendants, who were all convulsed with laughter.
There was no want of offers from them of cloaks and coats to
the Chancellor. The old beggar-man walked off with the
Chancellor's valuable cloak, enriched beyond his hopes, re
joicing and giving thanks to God.*
" Sometimes the King took his meals in the dining-hall of
the xChancellor for the sake of amusement, and to" hear the
stories told at his table and in his hovise. While the Chan
cellor was sitting at table the King would be admitted Into
the hall on horseback, sometimes with a dart in his hand,
returning from the chase or riding to cover ; sometimes he
merely drank a cup of wine, and having saluted the Chan
cellor, retreated ; sometimes jumping over the table he sat
down and partook of the banquet. Never In any Christian
age were two men more familiar or friendly."
* It is impossible not to admire the finesse with which Fitzstephen tells this
story, particularly the courtly acquiescence of the Chancellor after a proper
resistance, and the profusion, of offers of coats and cloaks to the Chancellor, then
the favourite, and the distributor of the favours of the Crown.

THOMAS a BECKET. 69

Becket continued Chancellor till the year 1162, without chap.
any abatement In his favour with the King, or in the power ^^^'
which he possessed, or In the energy he displayed, or in the ^

lis con-

splendour of his career. He not only presided in the Aula "^ic* as
Regis and superintended the domestic administration of the ^'''""=®"°''-
kingdom, but, when the necessities of the state so required,
he himself went on foreign embassies, and led armies into the
field. The King's eldest son was still a boy and a pupil of the *¦"• ii58.
Chancellor, to whom it was thought that his education might tu^or to the
be better intrusted than to any other, both for hterature and ^""ce-
chivalry. According to the custom of that time, which con
tinued for centuries afterwards. It was usual to contract mar
riage between the children of sovereign princes long before
they reached the age of puberty, and Henry the son of a
Count, thought it would add to the splendour of his family
and to the stability of his throne, if his Infant heir were
affianced to a daughter of the King of France. To bring
about this alliance, which was opposed by the Emperor of
Germany, Henry proposed that the Chancellor should him
self proceed to the French court, and he at once accepted the
embassy. " He prepared," says Fitzstephen, " to exhibit and pour Becket's
out the opulence of English luxury, that among all persons p^^arcef
and in all things the Sovereign might be honoured in his
representative, and the representative in himself. He took
with him about two hundred mounted on horseback, of his
own family, knights, priests, standard bearers and squires,
— ¦ sons of noblemen, forming his body guard, and all com-
'pletely armed. All these, and all their followers, were fes
tively arrayed in new attire, each according to his degree.
He likewise took with him twenty-four changes of raiment,
almost all to be given away, and left among the foreigners he
was to visit. He carried along with him all kinds of dogs
and birds for field sports used by kings and rich men. In
his train he had eight waggons ; each waggon was drawn
by five horses equal to war horses, well matched, and with
uniform harness ; each horse was taken care of by a stout
young man dressed in a new tunic. Two waggons carried
r 3

70 REIGN OF HENRY IL
CHAP, nothing but ale made with water and malt*. In casks fastened
' with Iron, to be given to the Freneh. The furniture of the
Chancellor's chapel filled one waggon, his chamber another,
his kitchen another; others were loaded with eatables and
drink for the use of himself and his train. He had twelve
sumpter horses; eight carried the Chancellor's gold and silver
plate. Coffers and chests contained the Chancellor's money
in good store, sufficient for his daily expenses, and the
presents which he meditated, together with his clothes,
books, and articles of the like nature. One horse, which
preceded all the rest, carried the holy vessels of his chapel,
the holy books, and the ornaments of the altar.
" Likewise each waggon had chained to it, either above or
below, a large, strong, and fierce mastiff, which seemed able
to contend with a bear or a lion, and on the top of every
sumpter horse there was a monkey with a tail, or an ape,
mimicking the human countenance. On entering the French
towns and villages the procession was headed by about 250
^oung men on foot, in groups of six, or ten, or more, singing
some verses in their own tongue, after the manner of their
country. Then came at a little distance harriers and other
dogs coupled, together with their keepers and whippers-in.
Soon after the waggons, strengthened with Iron and covered
over with great skins of animals sewed together, rattled over
the stones of the streets ; at a short distance followed the
sumpter horses, rode by their grooms, who sat upon their
haunches. The Frenchmen running out from their houses
at all this noise, inquired whose family can this be ? Being
answered, ' Behold the Chancellor of the King of England
going on a mission to the King of France,' they exclaimed,
' How wonderful must be the King of England himself, whose
Chancellor travels in such state ! '
" After the sumpter horses followed esquires carrying the
shields of the knights and leading the saddle horses ; then
* I find no mention o(hops in the text, and I suspect that the beer so boasted
ot was only the ancient Scandinavian drink described by Tacitus as "a corrup
tion ot barley, and still manufactured in Flanders under the name of "bierre

THOMAS k BECKET. 71
came other knights, — then pages, — then those- who bore CHAP.
hawks, — then the standard bearers and the upper and lower
servants of the Chancellor's household, — then soldiers and
priests riding two and two ; — last of all came the Chancellor,
surrounded by some of his friends.
" As soon as the Chancellor landed In France, he sent
forward a messenger to Inform the French King of his
approach. The King appointed to meet him at Paris by a
certain day. It is the custom for the French Kings to purvey
for all persons coming to court and while they remain there ;
and the King now wishing to purvey for the Chancellor, by
an edict published by him at Paris, prohibited all persons
.from selling any thing to the Chancellor or his people. This
coming to the knowledge of the Chancellor, he sent on his
servants to St. Denis and the neighbouring towns, that,
changing their dress and conceaUng their names, they should
buy for him bread, flesh, flsh, wine, and aU eatables in
abundance, and when he entered the " Hotel du Tempte,"
which he was to occupy in Paris, they ran up and informed
him that he would flnd It supplied with provisions fully
sufficient for the use of a thousand men for three days.
" He gave away aU his gold and silver plate and changes
of raiment, — to one a robe, to another a furred cloak, to a
third a pelisse, — to this man a palfry, and to that a war
horse. Why should I enter into further particulars ? He
won favour above all men. He successfully completed his
embassy: he gained his object: whatever he solicited was
granted to him.
" In returning, he apprehended and lodged In prison Vedo
de la Val, an enemy of the King of England, and a notorious
public robber." *
That this union might not afterwards be broken off, and
might cement a good understanding between the two coun
tries, — according to the treaty which the Chancellor had
concluded, Margaret the infant princess was put under the
care of a Norman baron, who was to superintend her educa
tion; and her dower, c<mslstlng of a great domain in the
* Fitzstephen. F 4

72

REIGN OP HENKY IL

CHAP. IIL
A.D. 1159.
Origin of
scutage.

Becket's
military prowess.

Siege of
Toulouse.

Vexin, was placed In the hands of the Knights Templars.ftill
the celebration of the marriage.
It is said that the Chancellor continued zealously to cul
tivate peace ; but in spite of his efforts, war with France
became inevitable. The duchy of Toulouse had belonged to
the father of Eleanor, who had been married to the King of
France, and being divorced from him, was now Queen of
England. Henry claiming this territory In her right, — under
some pretence Louis insisted that he had a right to dispose
of it, and both parties prepared to settie the dispute by an
appeal to arms. The Chancellor, with his usual penetration,
saw, that Instead of the feudal militia, who were to fight with-.
out pay for forty days, it would be much better to commute
personal service for a pecuniary contribution, by which a
regular army might be equipt and maintained. He therefore
introduced the pecuniary aid called scutage, of 3Z. to be levied
on every knight's fee ; and the number of 60,000 knights' fees
established by the Conqueror still remaining, he thus col
lected 1 80,000?., and engaged a numerous force of mercenaries,
whose attendance in the field was to be extended to three
months. With them marched, from the love of glory, an
illustrious host, consisting of English Barons, and many from
Henry's continental dominions ; — a Prince of Wales, —
Malcolm King of Scotland, and Raymond King of Arragon,
to whose infant daughter had been affianced the King's son,
Richard, afterwards Coeur de Lion, then an infant In his
nurse's arms. But of all who composed this great army, the
bravest and the most active warrior was Lord Chancellor k.
Becket, who had enlisted a body of 700 knights at his own
expense, and, marching at their head, was the foremost in
every enterprise.
Louis was shut up with a small force in the city of Toulouse,
to which Henry laid siege. Becket represented that it might
easily be taken by assault, offering to lead on the storming
party himself, and it Is generally allowed that this blow might
at once have put a glorious termination to the war; but
Henry, when congratulated on the prospect of having in his
power such an illustrious captive, conceived conscientious
scruples against offering violence to his liege lord, whom he

THOMAS k BECKET. 73
had sworn to guard and protect. The Chancellor laid down chap.
for law that the King of France, by assuming the command '

there In person, had deliberately put himself in the situation
of an enemy on equal terms with his opponent. During this
discussion a great French army came to the rescue of their
King : the golden opportunity was lost, and Henry was obliged
to retreat with the bulk of his forces into Normandy. " The
-Chancellor, with his own followers and the single aid .of Henry
of Essex, the King's Constable, remained to preserve the
English authority in that quarter, all the other leaders having
refused to do so. Armed with helmet and coat of mail, he
afterwards, with his own brave band, took three very strong
castles which had been deemed impregnable. Nay, more, he
crossed the Garonne with a military force, attacked the enemy,
and having established the authority of the King in all that
province, he returned triumphant and honoured." *
In a subsequent campaign the Chancellor, besides 700
knights of his own family, had under his command 1200
cavalry, and 4000 infantry, whom he had taken into pay, for
the space of forty days. " Each soldier serving, on horseback
received from him three shillings a day to provide horses and
attendants, and was entertained at the Chancellor's table.
He himself, although a priest, encountered Engleran de Trie, Single
a valiant French knight; who, in fuU armour, rode furiously ^°^''e„.
against him, his lance in the rest : — the priest unhorsed the gleran de
knight, and made prize of his charger. Of the whole army
of the King of England, the soldiers of the Chancellor were
always the first, the most daring, and the most distinguished
for their exploits, he himself instructing them, encouraging
them, and leading them on." f
Peace being at last restored, the Chancellor unbuckled his a.d. iieo,
sword again, put on his robes at Westminster, and returned ciai' merits
to the discharge of his civil duties. His administration of
justice was vigorous ' and impartial, no favour being shown to
Saxon or Norman, to layman or ecclesiastic. Hitherto he
preferred the interests of the Crown to those of his own order.
During the late war the rich prelates and abbots of the
" Fitzst. t ^liid.

74 REIGN OP HENRY II.

CHAP. Norman race, whose military zeal had greatly subsided since
" they could no longer plunder a vanquished people, excused
themselves from yielding to the summons to serve in the field,
because, said they. Holy Church forbade them to shed blood;
and farther, on the same pretence, they refused to pay the
tax substituted for personal service, which, they said, was in
directly violating a divine precept. But the Chancellor over
ruled their scruples, and compelled them to pay up the
arrears. Upon this the heads of the Church uttered the most
violent Invectives against him. Foliot, Bishop of London,
publicly accused him of plunging a sword into the bosom of
his mother, the Church ; and Archbishop Theobald, his former
patron, threatened to excommunicate him. Becket still
showed an entire indifference to ecclesiastical censures, and
established Henry's right to personal service or scutage for
all the lands held by the Church. One day, at a meeting of
the clergy, some bishops affected to talk in high-flown terms
of their being independent of the royal authority ; but the
Chancellor, who was present, openly contradicted them, and,-
in a severe tone, reminded them that they were bound to the
King by the same oath as men of the sword, " to be true and
faithful to the King, and truth and faith to bear of life and
limb and earthly honour."
^d \m7Z ^°°^^ ^^^^ supposed that Becket all this time, while he held
tLs? ^°" *^^ office of Chancellor, was hypocritically acting a part to
secure Henry's favour, that he might be elevated to the
primacy, with the premeditated purpose of then quarrelhng
with the King, and taking part against him In the contro
versies which had been going on between the civil and eccle
siastical authorities. But notwithstanding his conversation
with the Abbot of Leicester, it is much more probable that
his change of sentiments and pohcy was brought about by
change of situation, and that hitherto he had served the King
with smcerity and zeal, although it was foreseen by those well
acquainted with his character, that he might become a very
dangerous subject If placed In a high situation Independent of
the Crown.
It would appear that he himself, while Chancellor and a
devoted friend and servant of Henry, had a presentiment

THOMAS a BECKET. 75
of his future destiny,and we may believe, an earnest desire chap.
to avoid it. The age and Infirmities of Theobald showing that ^^^'
the primacy must soon be vacant, the general expectation was
that the Chancellor would succeed to It, not only from his
extraordinary merits and success, but such being the usual
course of promotion.*
In this state of things, Becket, residing at St. Gervas, near
Rouen, fell dangerously ill ; and such interest did his con
dition excite, that he had a visit from the King of England
and the King of France on the same day. Afterwards, when
the danger was over and he was convalescent, he one day sat
playing at chess dressed In a cloak with sleeves, like a young
courtier. " Aschatlnlus, Prior of Leicester, coming from the Conversa-
King's Court, then In Gascony, entered to pay him a visit, PHorof
and addressing him with familiarity, on account of their long Leicester.
Intimacy, said, — ' How Is It that you wear a cloak with
sleeves ? This dress Is fitter for those who go a-hawking ; but
you are an ecclesiastical character, — one In individuality but
many in dignity — Archdeacon of Canterbury, — Dean of Hast
ings, — Provost of Beverley, — canon here and prebendary
there, — nay, the proxy of the Archbishop, and (as the report
goes at Court) archbishop soon to be.' To this speech the
Chancellor made answer, among other things : — ' Truly I
know three poor priests in England, any one of whom I
would rather wish to be promoted to the primacy than myself ;
for if by any chance I were appointed, knowing my Lord the
King previously so well, I should be driven either to lose his
favour, or (which Heaven forefend !) to sacrifice the service of
God.' Nevertheless this afterwards fell out as he foretold." f
In April, 1161, Archbishop Theobald died. Henry de- a.d. ii61.
clared that Becket should succeed,^ — no doubt counting upon Arch- "
his co-operation in carrying on the policy hitherto pursued in ^^"^°P^,j
checking the encroachments of the clergy and of the see of
Rome, and hoping that his obsequious minister, uniting
supreme and ecclesiastical dignity, the remainder of his
* Fitzstephen in describing the nature of the office of Chancellor, says, " All
ecclesiastical preferments are disposed of by his advice ; so that, by God's grace
and his own merits, he is almost sure to become an archbishop or bishop if he
pleases." •j- Fitzst.

76

REIGN OF HENRY IL

CHAP. IIL

Objection
to Becket's
appoint ment as
archbishop on the
ground of
his being
hostile to
the Church.

Foliot,Bishop of
Hereford,
rival of
Becket.

A.D. 1162.

reign would be characterised by Internal tranquillity and
harmony, so that he might turn his undivided attention, to
schemes of foreign aggrandisement.
The same opinion of Becket's probable . conduct was gene
rally entertained, and a cry was raised that "the Church
was in danger." The English bishops sent a representation
to Henry against the appointment, and the electors long
refused to obey his mandate, saying that " it was indecent
that a man who was rather a soldier than a priest, and who
had devoted himself to hunting and falconry Instead of the
study of the Holy Scriptures, should be placed In the chair
of St. Augustine."
Matilda, the King's mother, with more penetration into
character, interfered to prevent the election on another
ground, and warned her son that when once Becket was
independent of him, being consecrated archbishop, he would
turn out a rival and enemy, and would disturb the peace of
the kingdom. Henry's eagerness for the appointment was
only inflamed by opposition, and he resolved to carry it in
spite of all obstacles.
Becket himself still pretended Indifference or a.version,
occupied himself with the duties of Chancellor, and con
tinued his usual courtly life and secular habits. His rival,
Gilbert Foliot, Bishop of Hereford, a prelate from his youth
upwards, of rigid morals and severe demeanour, who was
himself looking to the primacy, had been in the habit of
asserting that the Chancellor was Impatiently watching the
demise of Theobald, and being in Normandy when he heard
of that event, Immediately hastened to England in the hope
of succeeding him. The ecclesiastics with whom the election
was, remaining obstinate, Becket with seeming unconcern
attended to business at Harfleur, or hunted in the forests
around Rouen.
At the end of a year the King, determined to be trifled
with no longer, communicated to the Chancellor at Falaise
that he must prepare for a voyage to England, and that in
a few days he should certainly be Archbishop of Canterbury.
It would be difficult to analyse the feelings of the future
Martyr at this announcement. He probably experienced

THOMAS k BECKET. 77
a glow of pleasure at the near prospect of greatness, and yet chap.
was so far his own dupe as Jo persuade himself that he was ^'^'
unwilling to have it thrust upon him. His biographer In- ~
forms us, that, casting a smile of Irony on his dress, he re
plied, — " that he had not much the appearance oi an arch
bishop, and that If the King was serious, he must still beg
leave to decline the preferment, because It would be im
possible for him to perform the duties of the situation and at
the same time retain the favour of his benefactor."
The legate, Henry of Pisa, happening to be present,
assisted in combating these scruples, and Becket, taking an
affectionate leave of the King, sailed for England, agreeing
to be consecrated as Primate if the election should fall upon
him. On the 3d of June, 1162, the prior and monks of Canter- Becket
bury, with the suffragan bishops, assembled at Westminster, ^^°^t
and now, with one exception, concurred, after many prayers bishop of
and masses. In electing Becket as Archbishop. The dis- j,^^ i^g^.
sentient was Foliot, who observed, when the ceremony was
over, that "the King had worked a miracle in having that
day turned a layman into an archbishop, and a soldier into a
saint." Many of the nobles who happened to be present
testified their approbation by loud applause, and Prince
Henry, under a commission from his father, gave the royal
assent to the election.
Down to this time Becket, notwithstanding his many Becket
ecclesiastical benefices, was only in deacon's orders, which ^"^^"^ ^
were then supposed to be consistent with most of the pursuits bishop.
and habits of a layman ; but he was now ordained priest by
the Bishop of Rochester, and, proceeding to Canterbury, he
was consecrated by the Bishop of Winchester, assisted by
many other bishops. He was enthroned with extraordinary
solemnity. The ceremony was almost as pompous as a
coronation, aU ranks being eiager to gratify the King, and to
pay eourt to the favourite.
The universal expectation was, that Becket would now
play the part so successfully performed by Cardinal Wolsey
In a succeeding age; that. Chancellor and Archbishop, he
would continue the minister and personal friend of the King;

78 REIGN OP HENRY IL
CHAP, that he would study to support and extend all the prero-
^^^- gatives of the Crown, which he himself was to exercise ; and
' " that in the palaces of which he was now master he would
live with increased magnificence and luxury. When we
judge of his character, we must ever bear In mind that all this
was easily within his reach, and that If he had been actuated
by love of pleasure or mere vulgar ambition, such would
have been his career.
Sudden Never was there so wonderful a transformation. Whether
alteration _ from a predetermined purpose, or from,' a sudden change of
cha'^rctf' IncUnation, he Immediately became in every respect an al^
and con- ^gjcd man. Instead of the stately and fastidious courtier,
was seen the humble and squalid penitent. Next his skin
he wore haircloth, populous with vermin ; he lived upon roots,
and his drink was water, rendered nauseous by an Infusion of
fennel. By way of further penance and mortification, he
fngquently inflicted stripes on his naked back. Daily on his
bended knees he washed the feet of thirteen beggars, re
freshed them with ample food, and gave each of them four
pieces of silver. He wandered alone in his cloister, shedding
many tears, from the thought of his past sins, and his great
6ccupation was to pray and read the Scriptures. He wore
the habit of a monk ; and the monks, astonished at the sanc
tity he displayed, already talked of his conversion as a most
evident miracle of Divine grace, poured out upon him at his
consecration.
He resigns The wondcr of mankind was still further excited by the
the Great next stcp, which he speedily took, without ever consultilig
the King, or any previous notice of his Intention ; he sent the
Great Seal to Henry, In Normandy, with this short message,
" I desire that you will provide yourself with another Chan
cellor, as I flnd myself hardly sufficient for the duties of one
office, and much less of two."
The fond patron, who had been so eager for his elevation,
was now grievously disappointed and alarmed. He knew
' Becket too well to believe that this resignation proceeded
from real humUity and dislike of temporal power ; he there
fore looked upon it as an Indication of a higher and more
dangerous ambition, behevlng that the Atohblshop would

THOMAS a BECKET. 79
have continued his Chancellor If he had not aspired to be- CHAP.

IIL

come his competitor, and to exalt the mitre above the crown.
He at once saw that he had been deceived in his choice, and
that the worst predictions of his ' mother were likely to be
speedily verified.
He resolved, however, to treat the Archbishop with pa
tience and forbearance, though with firmness, and that, while
he showed to the world that he would, be master in his own
dominions, he should not appear the aggressor in the con
troversy which he anticipated. He therefore still allowed
Prince Henry to remain under the tuition of the Arch
bishop. The two old friends first met at Southampton, on the i'he King
King's return from Normandy. Becket went thither to do ,„g^,t ^mj
homage for the temporalities of his see, and \vas received quarrel.
courteously, though coldly. Having intimated his incapa
city to fulfil the duties of two offices, he was required to
resign that of archdeacon of Canterbury, which was of great
value, and which he wished to retain. Here the King had ¦
clearly the law on his side, and he succeeded. But Becket
immediately resolved, by an appeal to the law, to be re
venged. On the ground of vindicating the rights of his see,
he demanded of the King the castle and town of Rochester
with other possessions ; — of the Earl of Clare, a favourite of
the Kiag, the castle of Tunbridge, — and of other noblemen
various other properties, which he alleged had once be
longed to the church of Canterbury, and to which no length
of time could ever confer a title as lay fee.
How far he might have been able to estabhsh these claims
may be doubtful, but before they could be brought to a legal
inquiry he set up others which he could not support, and the
King being determined to curb ecclesiastical encroachments
by new laws, which the Archbishop resolutely resisted, a
fatal rupture took place between them.
William de Eynsford, a military tenant of the Crown,
having ejected from a rectory in Kent, the advowson -of
which belonged to him, a priest presented to It by Becket,
was immediately excommunicated by him, contrary to a well
established law, which had been respected ever since the Con-

80 REIGN OP HENRY IL
CHAP, quest, that the tenants of the Crown should not bfe excom^
^^^' municated without the King's knowledge and consent.

Henry, by a messenger, sent him orders to absolve Eynsford>
but received for answer that It belonged not to the King to
inform him whom he should absolve and whom excom
municate. After many remonstrances and menaces, the royal
mandate was at last obeyed. Henry had at this time great
advantages In asserting the royal prerogative, for his reputa
tion was high from the success of his government both at
home and abroad; his barons all concurred in his policy;
and the power of the Church was weakened from there, being
two rival popes ; — each claiming to be the successor of
St. Peter ; — one under the title of Victor IV., residing at
Rome, and patronised by the Emperor ; and another under
the title of Alexander IIL, who kept his court in France,
protected by Louis VII. Henry had sent In his adhesion to
the latter, but with significant doubts of his title. Alexander,
who was only restrained by his peculiar situation from
parrying the pretensions of the triple crown as high as any
of his predecessors, looking on Becket as a great prop of his
power, had received him with high distinction at Tours, and
secretly abetted him In all his designs.
Struggle The grand struggle which the Church was then making
civil and was, that all churchmen should be entirely exempted from
ecclesias-" tjjg jurisdiction of the secular courts, whatever crime they
tical aulho- . , , ... . . . iirr , . , .
rity. migtit have committed. A priest in Worcestershire, having
about this time debauched a gentleman's daughter, had pro
ceeded to murder the father. On a demand that he should
be delivered up and brought to trial before the King's
judges, Becket Insisted on the privileges of the Church, —
confined the criminal in the bishop's prison lest he should be
seized by the King's officers, — passed upon him merely
sentence of degradation, and insisted that, when degraded, he
could not again be brought to trial for the same offence. .
Henry, thinking that he had a favourable opportunity for
the King bringing the dispute . to a crisis, summoned an assembly of
and«iepre- all the prelates at Westminster, and himself put to them
this plain question : " Whether they were wiUing to submit
to the ancient laws and customs of the kingdom ? " Their

Conference
between

THOMAS a BECKET. 81
reply, framed by Becket, was : " We are willing, saving our chap.
own order." There was only one dissenting bishop: he was '^^
wlUing to give an unqualified answer in the affirmative, but
Becket sorely upbraided him for his servility. The King,
seeing what was comprehended in the reservation, retired
with evident marks of displeasure, deprived Becket of the
government of Eye and Berkhamstead, and all the appoint
ments which he held at the pleasure of the Crown, and
uttered threats as to seizing the temporalities of all the
bishops, since they would not acknowledge their allegiance to
him as the, head of the state. The legate of Pope Alexander,
dreading a breach with so powerful a prince at so unseason
able a juncture, advised Becket to submit for the moment;
and he with his brethren, retracting the saving clause, abso
lutely promised '^to observe the laws and customs of the
kingdom." To avoid all future dispute, Henry resolved to follow a.d. ii64.
up his victory by having these laws and customs, as far as tions of"'
the Church was concerned, reduced Into a code, to be Clarendon.
sanctioned by the legislature, and to be specifically acknow
ledged by aU the bishops. This was the origin of the famous
" Constitutions of Clarendon."
We Protestants must approve of the whole of them, for
they in a great measure anticipate the measures which were
taken when the yoke of the Church of Rome was thrown off
at the Reformation; but, in justice to Becket, we must
acknowledge that they were In various particulars an Inno
vation upon the principles and practices which had long pre
vailed. Not only did they provide that clerks accused of any
crime should be tried in the King's courts; that all suits con
cerning advowsons and presentations should be determined
according to the course of the common law ; and that the
clergy should no longer pretend to the right of enforcing
payment of debts contracted by oath or promise, whereby
they .^ were drawing aU questions of contract and property
before their tribunals; but that all appeals in spiritual
causes should be carried from the archdeacon to the bishop,
from the bishop to the primate, and from the primate to the
king, without whose consent It should go no farther ; that no
VOL. I. G

82 CHAP. III.

Becket
swears to
Constitu
tions of
Clarendon

REIGN OP HENRY II-
clergyman should leave the realm without the King's licence ;
that, on a vacancy, the revenue of episcopal sees should
belong to the Crown; that the members of each chapter or
such of them as the King might please to summon, should sit
in the King's chapel tUl they made the new election with his
consent; and that the bishop elect should do homage to the
Under these constitutions, Henry would have disposed of
aU ecclesiastical dignities by his own authority, would have
prevented aU appeals to Rome, and would have been himself
" the Head of the Church." Being submitted to the great
councU called at Clarendon, they were unanimously and joy
fully carried by the barons. The prelates were then caUed
upon individually to set their seals to them, and to promise
to observe them. No one ventured to oppose the King's
will, except Becket. He for some time resolutely refused his
assent, though urged to compliance by prelates as weU as'
barons of the greatest authority in the kingdom.
What follows subjects him to the Imputation of occasional
weakness or duplicity, and disregard of the sacred obligation
of an oath. At a private meeting of the prelates, Richard de.
Hastings, Grand Prior of the Templars, throwing himself on
his knees before him, and with many tears entreating him
that if he paid any regard to his own safety or that of the
Church, he should yield. He exclaimed, " It is my master's
pleasure that I should forswear myself, which I resolve to do,
and to repent afterwards as I may." He then marched at
their head to the King, and took an oath, " with good faith
and without fraud or reserve, to observe the Constitutions,
They were immediately sent over to Pope Alexander, and
It was hoped he would^ ratify them, thinking only of his
recent obligations to the Sovereign of England ; but he

• One of the articles shows that the right of sitting in the House of Lords,
now belonging to bishops, and greatly prized by them, was originally forced
upon them at a time when they thought it an indignity to sit in any assembly
except by themselves, as a separate order. " That the archbishops, bishops,
and other spiritual dignitaries should be regarded as barons of the realm, should
possess the privileges and be subjected to the burthens belonging to that rank,
and should he bound to attend the king in his great councils, and assist at all trials,
till sentence either of death or loss of members be given against the criminak"

THOMAS a BECKET.

83

plainly seeing that they went to estabUsh the Independency chap.
of England on the papacy, condemned them In the strongest ^"•
terms, abrogated and annuUed ithem, absolved all who had ' '
taken an oath to submit to them, and threatened with excom
munication all who should presume to enforce them.
Becket, who had been overwhelmed with remorse from the a. d. ii64.
moment of his weakness, foUowed Henry to Woodstock —
some think with the intention of abdicating the primacy ;
but, not being able to obtain an Interview, and being en
couraged by the spirited conduct of the Pope, he resolved to
make ample atonement for the offence he had committed, and
from this time to his death showed a fortitude, perseverance,
and self-devotedness, which have never been surpassed. He
refused to exercise any part of his archiepiscopal functions
till he received the special pardon and absolution of the Pope,
and proportioning his discipline to the enormity of his sup
posed offence, he redoubled his austerities to punish himself
for his momentary consent.
Much less with a view to his own safety than In the hope
of more effectually embarrassing the King by his absence
from the realm, he twi6e attempted to cross the Channel ; but
was driven back by contrary winds, and being brought into
the royal presence, he was asked by Henry " if he thought
that one island could not hold them both ? "
A great council was called at Northampton, where Henry Great
planned to accomplish the utter destruction of his competitor, ^ouncil at
TT .1 -11 n -1 -I Northamp.
He was peremptorily summoned, and compelled to attend, ton.
When seated among the peers, various charges were brought
against him, of which several were alleged to amount to
high treason, and others sought to make him accountable for
larger sums of money than it was possible for him to repay.
This is the eariiest state trial of which there Is any account rp^j^, ^^
extant ; and we have a very minute and seemingly very ac- Becket.
curate report of It.* It lasted a good many days, the court
sitting on Sundays as well as week days. The judges were
English prelates, and Norman -as well as English barons.
The high treason consisted in the Archbishop not having ap-
¦ * State Tr. vol. i. p. 1.
a 2

84

.REIGN OP HENRY IL

CHAP. IIL
Found
guilty.

Further
proceed ingsagainst
him.

peared when summoned in one pf the King's courts, although
he had sent four knights to appear for him. He was found
guilty, and his person being admitted to be sacred, he was
sentenced to forfeit aU his goods and chattels, — a penalty
commuted for a fine of 500Z.
Judgment was then prayed against , him that he might
refund 300Z. of the rents which he had received as warden of
Eye and Berkhamstead. He coolly answered that he would
pay it ; for although he had expended a larger sum In repairs,
money should never prove a cause of dissension between him
and his Sovereign. The next Item was 500Z. alleged to have
been advanced to him when he was Chancellor, and lay
before Toulouse. He maintained that it was a gift, but he
was obliged to give sureties for the amount. Then foUowed
a demand which testified a total disregard of justice, and a
fixed determination to ruin him — 44,000 marks aUeged to
have been received from vacant bishoprics and abbeys during
his chancellorship. He pleaded that he had been pubhcly
released of aU such obligations under the King's authority,
by the Earl of Leicester and the Prince when he was con
secrated, and that It was well known that he had spent all
these sums In the public service. His plea was overruled.
The object was to force his resignation, and Foliot strongly
(not disinterestedly) advised him to yield; but he would
now sooner submit to martyrdom.
The following morning, having first celebrated the
mass of St. Stephen with the office beginning " Princes
sat and spake against me," he proceeded to Court, arrayed
In his pontifical robes, and bearing in his hand the archi
episcopal cross. The King, astonished at this parade,
retired with the barons Into an Inner apartment, and
was soon after followed by the bishops. Becket remained
alone with his attendants in calm and intrepid dignity.
Henry used the most violent language against him. In which
he was joined by his courtiers. Bloodshed being dreaded, the
bishops came to him in a body, and Hilary of Chichester said
to him in an upbraiding tone, " You were our primate, but
by opposing the royal customs you have broken your oath of
fealty to the King. A perjured archbishop has no right to

THOMAS k BECKET. g5
our obedience." " I have," was his only reply. The bishops chap.
seated themselves on the opposite side of the haU, and solemn '^^"
sUence long prevailed. At length the door opened, and the
Earl of Leicester, at the head of the barons, desired him to
listen to his sentence. " My sentence ! " interrupted the arch
bishop. " Son and Sir Earl, hear me first ; you know with
what fldelity I served the King, - — how reluctantly, to please
him, I accepted my present office, and in what manner I was
declared by him free from aU simUar claims. For what hap
pened before my consecration I ought not to answer, nor will
I. Know, moreover, that ye are my children in God ; neither
law nor reason allows you to judge your father. I therefore
decline your tribunal, and refer my quarrel to the decision'of
the Pope. To him I appeal ; and shall now, under the pro
tection of the Catholic Church and the apostolic see, depart."
As he slowly withdrew, some courtiers threw straw at him
which tney picked up from the floor, and the voice of one
whom he recognised called out to him, "Traitor!" A feel
ing of his ancient knightly prowess was for a moment excited,
and as soon suppressed. Turning round, he rejoined, " Were
It not that my order forbids me, that coward should repent
of his Insolence." At the gate the populace received him
with acclamations, and he was conducted in triumph to his
dwelling. He then asked permission to go beyond the seas, and being He" escapes
told that he should have his answer next morning, concluded '? *^ <^°"
that a plan had been laid to assassinate him in the night.
He pretended that he was going to seek sanctuary, and he had
a bed prepared for himself In a church ; but this was only to
further his escape, against which they had taken great pre
cautions. By the help of a disguise he eluded the vigilance
of the guards stationed at the north gate of the town, and
assuming the name of " Brother Christian," and travelling
as a pilgrim, — after many adventures and perils he reached
Sandwich, and was safely landed at Gravelines.
Forthwith he visited the King of France, who was de
lighted to receive and encourage him, as an instrument to
disturb the government of the King of England. He next
jproceeded to Sens, the court of Pope Alexander, whose

tinent.

86

REIGN OF HENRY II.

CHAP. IIL

Becket
takes re
fuge in the
Abbey of
Pontigny.

Measures
of the
King.

A.D. 1167.
Becketgoes to
Rome.

feelings were more divided, and who was obliged to act" with
more caution. The Pontiff, however, although he was un-
wilhng to Incur the direct hostility of Henry, behaved with
generosity to the Illustrious exile who had suffered so much
for the cause of the Church. Becket having resigned his
mitre, on the ground that there had been something un-
canonical in his original election, was immediately reinstated
by him with the archiepiscopal dignity, and a secure resi
dence was assigned to him In the convent of Pontigny. Here
he put on the habit of a Cistertlan monk, and for isome years
found an asylum ; but he lived in state, and received strangers
with great magnificence, having ample funds from the volun
tary contributions of his admirers. The persecution he had
undergone had made all his errors be forgotten, and he was
now high In the favour of mankind. With general applause
he compared himself to our blessed Saviour, who had been
condemned by a lay tribunal, and who, he said, " was crucified
anew in the present oppressions under which his Church
laboured." He still pretended to be the spiritual father of the
King and all the people of England ; propounded the doctrine
that kings reign solely by the authority of the Church, and
threatened to pronounce sentence of excommunication against
the King, whereby his subjects would be absolved from their
allegiance. Henry, on the other hand, sequestrated aU Becket's pro
perty in England ; banished his servants and dependants, to
the number of 400 ; suspended the payment of Peter's pence ;
made overtures for an aUiance with the Emperor Frederic
Barbarossa, the enemy of Alexander ; and Indicated an Inten
tion of recognising the Antlpope Pascal III. as the true
successor of St. Peter.
The exiled Archbishop, being forced from his retreat at
Pontigny, by a threat of Henry to confiscate the possessions
of aU the Cistertlan abbeys in England, took shelter some
time at Sens, and afterwards removed to the city of Rome,
of which Alexander had got possession on the death of Victor
the succeeding Antlpope. In this Interval he wrote many
letters, which are stIU extant, to support his cause, — some
addressed to the Pope, some to the EngUsh bishops, and

THOMAS a BECKET. 87
some to Henry himself, whose heart he attempted to touch by chap.
addressing him In a very different strain from that to which ^^^"
they had been accustomed when, as boon companions, they
had both rather laughed at sacred things.*
The EngUsh nation, and even the English clergy, took part a.d. lies.
with their sovereign, and treated the primate as a factious
and turbulent demagogue, who was looking only to gratify
his own vanity and to aggrandise his own power f ; but In the
continental dominions of England there was a strong dispo
sition to regard him as a martyr and a hero, and Henry
trembled for the consequences of being put under the ban of
the Church. Alexander now could afford to support Becket
more openly, and conferred legatine powers upon him, which
rendered him more formidable. Had England alone been
concerned, Henry might probably, like his successor of his
own name, have entirely thrown off the yoke of Rome ; but
he was obliged to temporise; for the Pope and Louis, of
whom he held his fair provinces In France as liege sovereign,
were stirring up a most formidable resistance to his authority.
The crisis was hastened by the offence taken on account ^-n- nfis
of the coronation of Henry, the King's son, by the Arch- of Kino^'s
bishop of York, in derogation of the rights of the see of ^°" ^y.
Canterbury, and in the teeth of a papal buU enjoining that no of York
English prelate except the primate should officiate at this ^^'"f',
ceremony. Henry saw with alarm that the thunder which he had so
long feared was about to burst upon him, and he was ready
* Speaking of Henry's supposed persecution of the Church, hg says, " the
Daughter of Zion — the Spouse of the great King — is held captive in your
hand." — Ep. Beck. lib. iv. ep. 63.
f This appears clearly from the letters addressed to him which are preserved.
Thus writes the Bishop of Lisieux : — " Some think that your struggle does not
proceed from virtue but from pride ; that still the Chancellor in spirit, you are
striving that none should resist your will ; that you seek to make the diadem
subordinate to the Church, and that you hope that having overcome royalty your
,, power will be without limit or control." L. i. ep. 85. So the clergy in an
addregfi to him, after ironically reciting his pretences to piety, they advise him
to continue in a course of humility and charity, and abstaining from injury and
menaces, to advance his cause by patience, meekness, and dependence on Heaven.
" Study with paternal care to feed the sheep committed to your charge, that they
may have life, peace, and security." Ibid. John of Salisbury wrote him a
private letter in a still severer strain, concluding with the words, "Take it as
you please," — "vos accipiatis ut placet," and was excommunicated for his
pains. Ep. 31. G 4

88

REIGN OP HENRY II.

CHAP, to resort to any expedient which should not permanently
" disable him from -future resistance, for the purpose of now
averting the storm. Negotiations were repeatedly attempted
without effect ; — the King In the terms proposed always in
sisting on a salvo to "his royal dignity," — and the Arch.bishop
on a salvo to " the honour of God," — each of wbich was in
dignantly rejected as a cloak for treachery. Henry tried to
gain over the King of France to his side, by an appeal to
their common interests as sovereigns, saying, " There have
been many Kings of England, some of greater, some of less
authority than myself; there have also been many Arch
bishops of Canterbury, holy and good men, and entitled to
every sort of respect. Let Becket but act towards me with
the same submission which the greatest of his predecessors
have paid to the least of mine, and there shall be no con
troversy between us." Louis, struck with this mode of
putting the case, professed to condemn the primate, but was
soon again carried away by a common feeling of animosity
to Henry.
At last it was agreed that the King of England and the
Archbishop of Canterbury should have a personal Interview
Hem-^'at"*^ In a spaclous meadow near the town of Fereitville, on the
Fereitville. borders of Touralne. Henry pretended to be desirous of a
cordial and permanent reconciliation, but still fostered secret
schemes of vengeance, and privately took an oath that he
would stop short pf giving the Archbishop " the kiss of
peace," which, like eating salt with an enemy among eastern
nations, would have for ever prevented him from executing
or being privy to any act of violence against him." *
However, they met with apparent cordiality. As soon as
Becket appeared, the King gaUoped up with his cap In his
hand, and respectfully saluted him ; and, as if there never

A. D. 1 170'
Interview
between

* We have a lively description from an eye-witness of the effect produced
upon Henry by receiving a dispatch disclosing a new machination of the arch
bishop, and we may conceive how much it must have cost him, even for a short
time, to affect moderation. " H« threw his cap from his head, unfastened his
belt, cloak, and vest, scattered them to a distance, with his own hand tore off
the silk covering from his bed, and began to gnaw pieces of straw." " Pileum
de capite projecit, — balteum discussit, pallium et vestes longius abjecit —
stratum sericeum quod erat supra ledum manu proprist reraovit — et coepit stra-
minis mastioare festucas." — L. i. ep. 44.

THOMAS a BECKET. 89
had been any difference between them, addressed him with chap.
the easy famiUarlty which had distinguished their former ^^^"
friendship. Henry, carrying his politeness to an excess
which might have excited the suspicion of the Archbishop,
exclaimed, " As for the men who have betrayed both you and
me, I will make them such return as the deserts of traitors
require." The Archbishop, probably Ukewise dissembling
his real feelings, — as if melted to submission and tenderness,
— alighted from his horse, and threw himself at the feet of his
Sovereign. But the King immediately raised him, and,
holding his stirrup. Insisted that he should remount, saying,
" In short, my Lord Archbishop, let us renew our ancient
affection for each other." Then returning to his attendants,
he observed, " I find the Archbishop In the best disposition
towards m'e ; were I otherwise towards him, I should be the
worst of men." The . articles agreed between the high con
tracting parties were, — That the King should restore to the
Archbishop, the possessions of the see of Canterbury, taking
him into his grace and favour, — and in mercy make amends
to that Church for the Injury It had sustained at the late
coronation of his son : — in return for which the King was
promised love, honour, and every service which an Archbishop
could render In the Lord to his earthly Sovereign ; — that
the Archbishop should return to England to resume th§
exercise of his sacred functions, and that the King should
furnish him with a sum of money to discharge his debts, and
defray the expenses of his journey.
Henry was then asked to seal the compact with " the kiss Peace of
of peace," but he declined, making this excuse : — "In my
own country I will kiss his face, hands, and feet, a hundred
times ; but now let it be postponed. To salute him in Eng
land will be thought an act of favour and affection ; it would
look like compulsion here."
The French King construed this refusal as a proof of Henry re-
unextinguished resentment, and counselled Becket not to gg^^gj
leave France ; but the Archbishop said that " duty called '^« *™
him to England, whatever perils he might encounter." After P^"''-
some interval, during which the kiss of peace was studiously
avoided by Henry, Becket took leave of him with a fore-

90

REIGN OP HENRY II.

CHAP. IIL

Henry
breaks his
engagement.

Becket
resolves on
vengeance.

boding mind, emphatically telling him he was afraid he
should see him no more. Henry exclaimed, " Do you take
me for a traitor ? " Becket added these pathetic words,
which, however he may have feigned on other occasions, he
probably spoke with sincerity : " Necessity obliges me, in the
lowly state to which I am reduced, to revisit my afflicted
Church. I go. Sir, with your permission, perhaps to perish
for its security, unless you protect me. But whether I live
or die, yours I am, and yours I shall ever be. In the Lordi
Whatever may befall me, may the blessing of God fall upon
you and your chUdren ! "
Henry promised to meet him at the sea-coast, to supply
him there with the stipulated pecuniary aid, and to accom
pany him to England ; but failed in all these promises, and
Becket was obliged to borrow 300Z. for the payment of his
debts and expenses, from the Archbishop of Rouen, and to
embark under the superintendence of John of Oxford, with
whom he had had a personal feud, and who was set over him
as a spy.
Finding the King still so hostile, he determined to make
the most vigorous use of the weapons now in his own power,
and to maintain his independence and ascendency to the last
extremity. The Pope, before he heard of the peace of
Fereitville, had issued letters of excommunication against the
Archbishop of York and the Bishops of London and SaUs
bury for officiating at the coronation of the King's son, con
trary to the papal bull. Becket having received these letters,
at first, for the sake of peace, had wisely resolved to suppress
them ; but in a fit of Irritation he now dispatched them to
England, before himself, by a trusty messenger, who had in
structions to elude the search for bulls from Rome, now
strictly made at all the outports, and who succeeded in pub
lishing them at Canterbury, so as to give effect to them
according to the canon law. The three excommunicated
prelates inveighed against the Archbishop's implacable hatred
of his opponents and unquenchable thirst for agitation ; they
denounced him to the young King as a person who was
coming to tear the crown from his head ; and they hastened
to Normandy to inflame the resentment and to invoke the
vengeance of Henry.

, THOMAS a BECKET. 91
Becket being Informed that It would be dangerous for him chap.
to land at Dover, where the castle was garrisoned by the ^'¦^¦
King's troops, directed his ship to Sandwich, then a port ^ ,
belonging to his see, where he was sure of a good reception turns to
from his tenants. After he had disembarked he experienced "^ ^" '
some rudeness from the sheriff of Kent, who hastened to the
spot with a band of soldiers, and without venturing to offer-
any violence to him, told him that he was entering the land
with fire and sword, that he had excommunicated the Arch
bishop of York and two other prelates for merely doing their
duty, and that unless he took better counsel it would be
safer for him to remain In foreign parts. The Archbishop
boldly asserted his right to punish the prelates for dis
obedience to their canonical superiors, and, denying all trea
sonable intentions, expressed his resolution to defend the
liberties of the Church.
His march to Canterbury was a triumphal procession. Reception
There, to honour his return, banquets of unexampled splen- tury!"'^"^"
dour were prepared ; the cathedral was hung with silks and
precious vestments, and as he walked up to take possession
of his throne, the notes of the organ were drowned by the
sound of trumpets, the ringing of beUs, and the shouts of the
multitude, thrown into aU the raptures of religious enthusiasm.
Encouraged by this expression of public feeUng, he made a Visit to
progress to London, Intimating that, under his archiepiscopal
and legatine powers, he there meant to begin his visitations
on those ecclesiastics whose conduct had been uncanonical in
his absence. The dignitaries of the church, who had taken
part against him, now under great apprehensions, expos
tulated with him for disturbing the public tranquUlity.
He answered, " that the peace of sinners was no peace ; that
the Pope had sent a mandate ordering evil peace to be
broken; that Jerusalem in her wealth and self-indulgence
might think she was at peace, but that the Divine vengeance
was hovering over her." He was every where greeted with
the loudest acclamations of the multitude, who beUeved that
he had been persecuted, and among whom a notion very
generaUy prevailed that he had quarreUed with the King In
standing up for the Saxon race. As he approached South-

92

REIGN OP HENRY IL

CHAP. IIL

Is ordered
back to
Canter
bury.

Excommu nicates the
tliree pre
lates.

Dec. 29.
1170.
Arrival at
Canterbury
of four
knightssworn to
assassinate Becket.

wark the metropolis was emptied of its inhabitants — the
clergy, the laity, men and women of all ranks and ages pour
ing forth to meet him, and celebrating with hymns of joy his
triumphant entrance.
He was very desirous of seeing Prince Henry, over whom,
as his pupil, he hoped to exercise great influence ; but the
King's ministers, who carried on the government in the
Prince's name, became alarmed, and sent a peremptory order
to the Archbishop immediately to return to Canterbury, and
not to march through any towns or castles on his way back.
He obeyed — travelling privately in company with a few
knights, to protect him from insult. When he arrived at
Canterbury, meeting with many indignities from those con
nected with the government, he had a presentiment of his
fate ; he told his clergy that the quarrel could not now end
without effusion of blood, and he wrote to the Pope that the
sword of death hung over him, but that he was ready to perish
in the cause which, however unworthy, he had been called by
Providence to support.
On Christmas day, celebrating high mass himself, and
preaching to the people, he took occasion to say that one of
their Archbishops had been a martyr, and that it was possible
they might have another, but he should never flinch from his
duty ; and he concluded the service of this sacred anniversary
with pronouncing the excommunication of the three prelates^
with all the energy and fierceness which could be engendered
by religious fanaticism and personal resentment.
On the fourth day afterwards, about two in the afternoon,
entered abruptly the Archbishop's apartment the four knights
whose names have become so famous in the martyrdom of
St. Thomas, Reginald Fitzurse, WiUiam Tracy, Hugh de
Morville, and Richard Brito. They had been present at the
court of Henry in Normandy when, on the arrival of the
three excommunicated prelates and their account of Becket's
insolent proceedings in England, the King had exclaimed : —
" Of the cowards who eat my bread, is there not one who will
free me from this turbulent priest ? " — Construing this ex
pression into a royal licence, or recommendation, or command,
they bound themselves by oath to return to England and

THOMAS a BECKET. 93
avenge their Sovereign. To avoid suspicion they travelled by chap.
separate routes, and they met at Saltwood, near Canterbury, ^^^'
the residence of Robert de Broc, a baron Included In the
excommunication, to arrange their operations. Henry was not
aware of their departure, and sent other messengers to arrest
Becket. The four knights, however, having collected a large
military force from the neighbourmg castles, entered the city
of Canterbury, and ordered the mayor to arm the citizens and
have them ready for the King's service. He hesitated, sus
pecting- their design, when he was commanded, as he valued
his own safety, to keep all quiet Avithin the walls whatever
might happen.
They were unarmed when they appeared before the Arch- They enter
bishop, and seating themselves without saluting him, they first senc'e!^"
tried to gain his submission by intimidations, and in the King's
name ordered him forthwith to absolve the excommunicated
prelates. With the greatest calmness and intrepidity he re
plied, that the Pope alone could decide the case of the Arch
bishop of York ; but that he himself would absolve the others,
on condition that they previously took the accustomed oath of
submitting to the determination of the Church. " From whom
had you your archbishopric ? " demanded Reginald. " Its
temporals from the. King," said Becket, " Its spirituals from
God and the Pope." The barons murmured, and gnashed
their teeth. Becket, " still undaunted, said to them, — " In
vain you menace me. If all the swords in England were
brandishing over my head, your terrors could not move me.
Foot to foot, you would find me flghting the battle of the
Lord." It so happened that three of them had been in his
service when he was Chancellor, and had sworn aUeglance to
him. AUuding to this circumstance, he added. In a tone of
tenderness, " Knowiog what has passed between you and me,
I wonder that you should threaten me in my own house."
" We wiU do more than threaten," cried Reginald, fiercely,
— and with his accomplices left the apartment. They then
rushed through the hall to the fore-court, where was stationed
the" band that had accompanied them, and called "to arms."
Reginald having put on.his maU, seized an axe, and began to
batter the gate which had been shut against them.

94

REIGN OP HENRY II.

chap. IIL

Calm and
courageous
conduct of
Becket.

Assassina
tion of
Becket.

The Archbishop's attendants were In an agony of alarm 5
but he, neither In look, tone, or gesture, betrayed the slightest
symptom of apprehension. In this moment of suspense, the
voices of the monks singing vespers In the adjoining choir were
heard, and It being suggested that the church offered the
best chance of safety, Becket agreed to join the worshippers
there, thinking that, at all events. If he was murdered before
the altar, his death would be more glorious, and his memory
would be held In greater veneration by after ages. He then
ordered the cross of Canterbury to be carried before him,
and slowly followed his friends through the cloister. He
entered the church by the north transept, and hearing the
gates barred behind him, he ordered them to be re-opened,
saying, that the temple of God was not to be fortified Uke a
castle. He was ascending the steps of the choir when the
four knights, with twelve companions, all in complete armour,
burst into the church, their leader calling out, " Hither, to
me, ye servants of the King."
As it was now dusk the Archbishop might have retreated
and concealed himself, for a time at least, among the crypts
and secret passages of the building, with which he was well
acquainted ; but, undismayed, he turned to meet the assassins,
followed by his cross-bearer, the only one of his attendants
who had not fled. A voice was heard — "Where is the
traitor ? " SUence for a moment prevaUed ; but when Fitz
urse demanded — " Where Is the Archbishop ? " he replied,
"Here I am; the Archbishop, but no traitor! Reginald,
I have granted thee many favours. What is thy object now ?
If you seek my life, let that suffice ; and I command you,
in the name of God, not to touch one of my people."
Being again told that he must instantly absolve the pre
lates, he answered, " TiU they make satisfaction I wUl not
absolve them." " Then die," said Tracy. The blow aimed
at his head only sUghtly wounded him, as It was warded off
by the faithful crosfe-bearer, whose arm was broken by its
force.^ ^ The Archbishop, feeling the blood trickle down his
face, joined his hands and bowed his head, saying, " In the
name of Christ, and for the defence of his Church, I am
ready to die." To mitigate the sacrilege, they wished to

THOMAS a, BECKET. 95
remove him from the church before they despatched him; chap.
but he declared he should there meet his fate, and retaining ^^^-
the same posture, desired them to execute their intentions or ~'
their orders, and, uttering his last words, he said, " I humbly
commend my spirit to God, who gave it." He had hardly
finished this prayer when a second stroke quickly threw him
on his knees, and a third laid him prostrate on the floor, at
the foot of the altar. There he received many blows from
each of the conspirators, and his brains were strewed upon
the pavement.
Thus perished. In the fifty-third year of his age, the man
who, of all English Chancellors since the foundation of the
monarchy, was of the loftiest ambition, of the greatest firm
ness of' purpose, and the most capable of making every
sacrifice to a sense of duty or for the acquisition of renown.
To the general historian It belongs to narrate the escape
of the conspirators and their subsequent destiny, — the in
dignation and horror of the whole Christian world when the
deed was made public, — the remorse of Henry, and the
humiliations to which he submitted by way of penance and
atonement, — together with the permanent ct^nsequences of
this memorable controversy upon religion and the state. I
must content myself with a short potice of subsequent occur
rences connected personially with Becket, and an attempt at
a fair estimation of his character.
The government tried to justify or palliate the murder. The Horror of
Archbishop of York likened Thomas a Becket to Pharaoh, *^^ P'"^'''-
who died by the Divine vengeance," as a punishment for his
hardness of heart ; and a proclamation was issued, forbidding
any one to speak of Thomas of Canterhury as a martyr: but
the feeUngs .of men were too strong to be checked by
authority; pieces of Unen which had been dipped in his
blood were preserved as relics ; from the time of his death
It was believed that miracles were worked at his tomb;
thither flocked hundreds of thousands, in spite of the most
violent threats of punishment ; at the end of two years be Becket
was canonised at Rome, and, tlU the breaking out of the '^"°^^ ¦
Reformation, St. Thomas of Canterbury, for pilgrimages and
prayers, was the most distinguished Saint in England.

96

REIGN OF HENRY II.

CHAP. IIL
Quo war
ranto by
Henry VIIL to
unsaint Becket.

Henry VIIL, when he wished to throw off the authority
of the Pope, thinking that as long as the name of St. Thomas
should remain in the calendar men would be stimulated by
his example to brave the ecclesiastical authority of the Sove
reign, instructed his Attorney-General to file a quo warranto
information against him for usurping the office of a saint, and
he was formally cited to appear In court to answer the
charge. Judgment of ouster would have passed against him
by default had not the King, to show his ImpartiaUty and
great regard for the due administration of justice, assigned '
him counsel at the pubUc expense. The cause being called,
and the Attorney-General and the advocate for the accused
being fully heard, with such proofs as were offered on both
sides, sentence was pronounced, that " Thomas, sometime
Archbishop of Canterbury, had been guilty of contumacy,
treason, and rebellion; that his bones should be publicly
burnt, to admonish the living of their duty by the punish
ment of the dead ; and that the offerings made at his shrine
should be forfeited to the Crown." A proclamation fol
lowed, stating, that " forasmuch as It now clearly appeared
that Thomas Becket had been killed in a riot excited by his
own obstinacy and intemperate language, and had been after
wards canonised by the .Bishop of Roniie as j the champion of
his usurped authority, the King's Majesty thought it expe
dient to declare to his loving subjects that he was no saint,
but rather a rebel and traitor to his Prince, and therefore
strictly charged and commanded that he should not be
esteemed or called a saint; that all images and pictures of
him should be destroyed, the festivals In his honour be
abolished, and his name and remembrance be erased out of
all books, under pain of his Majesty's indignation and im
prisonment at his Grace's pleasure." *
But the permanent reputation of Becket must depend on
the qualities he displayed, and the actions he performed in
his lifetime ; not on the decrees of popes or the proclamations
of kings since his death. In considering his merits and
defects. It Is, above all, requisite to guard against religious

• Walk. Cen. iii. 385. 841. Burn. Ref. 152.

THOMAS k BECKET. 97
prejudices, by which he has been elevated into a hero of chap.
almost spotless virtue, or degraded into a hypocrite, stained ^"•
with the crimes of ingratitude and perjury.
The early part of his career, so brilliant and so successful. Character
is not liable to any severe censure. His participation In the "^ I'^cket.
irregularities of his youthful Sovereign is denied, and when
repented of might be forgiven. All the functions of the office
of Chancellor he is allowed to have fulfilled most satisfactorily,
and the measures which he recommended as minister were
just and prudent. His military prowess and skill we cannot
read of without being dazzled; and, with the exception of
Ignatius Loyola, there is probably no such striking meta
morphosis of a soldier into a saint. The grand dispute re
specting his character and conduct begins from the time
when, being consecrated Archbishop, he resigned the Great
Seal. As he proved such a champion of the supremacy of
the Pope, It Is perhaps not surprising that In recent times
his vituperators are bigoted Protestants, and his unqualified
eulogists are intolerant Roman Catholics.
The former contend that Becket, being in reaUty Uttle iBy his
better than an Infidel, had nothing in view but his own "'"P^ra-
aggrandisement, which he thought he could most promote
by exalting the power of the Church ; — that he had long
aimed at the primacy, with the intention, as soon as he
had obtained it, to trample on the Crown, and that, to dis
arm the suspicion of the King, he pretended to conform to
all his notions respecting ecclesiastical as well as secular
affairs ; — • that from the moment of his elevation he threw off
the mask, and did every thing in his power to annoy and
injure his benefactor, as if animated by the most deadly ^pite
against him; — that he showed his want, of principle by
swearing to observe the Constitutions of Clarendon, and
immediately afterwards, regardless of his oath, infringing
them himself, and stirring up others to resist them ; —
that during his banishment, though he displayed firmness
worthy of a better cause, he continued, from selfish motives,
to refuse aU reasonable terms of accommodation, and to plot
against his Sovereign and his country ; — that when at last
restored, he broke the engagements into which he had entered,
VOL. I. H

REIGN OP HENRY IL

CHAP. IIL

By his
eulogists.

persecuted his opponents with Implacable resentment, and
showed that, according to his long-fostered design, he was stiU
determined to make priests In the West, Uke Brahmins in the
East, the dominant caste, for the purpose of himself, as their
leader, exercising absolute sway ; — that he provoked his tragi
cal end; — and that, although the deed of his assassins cannot
be strictly defended, there is reason to rejoice in it, as the
hazards and the evils of his daring enterprise were thus
shown to be greater than the advantages to be attained by
it, — ecclesiastical encroachment was effectually checked, —
and no more Odos, Dunstans, Anselms, or Beckets appear in
our annals.
On the other hand, say the undlscrlminating worshippers
of Papal supremacy, — Becket having had the primacy pressed
upon him by the King for the purpose of subverting the
authority of the Church, so necessary to the maintenance of
true religion, then, for the first time, thought seriously of the
duties and obligations of this new dignity, and his eyes were
at once opened to the necessity of a new course of life, both
for his own sake and for the good of others. Although, Uke
Wolsey in a subsequent age, he might have joined in his
own person all civil and spiritual power, enjoyed ease, wealth,
and pleasure, and reigned In the King's name, he saw that
such a course, however agreeable, would be sinful; — that
great sacrifices were required from him, and that he must
thenceforth exclusively dedicate himself to the discharge of his
spiritual duties. He therefore afforded the single instance
which has ever occurred of the ChanceUorshIp being volunta
rily resigned, either by layman or ecclesiastic. He meditated
nothing beyond what belonged properly to his sacred office,
when the King began the persecution against him, which only
ended with his murder. The Constitutions of Clarendon,
however consonant to the doctrines of WickUffe, afterwards
adopted by Luther, were inconsistent with the clear precepts
of the gospel, and the privUeges and Immunities conferred
upon the apostles and their successors, and, at all events, were
inconsistent with established law and custom. In a moment
of weakness Becket promised to observe them ; hut this was
to save himself from fatal violence which then threatened,

THOMAS a BECKET. 99
and at last overtook him. A forced promise is not binding, chap.
and from this promise he was formaUy absolved by the Vicar ¦^^^¦
of Christ. The unfounded charges brought against him at ' '
Northampton, and the unjust pecuniary demands then made
upon him, with the threats of personal outrage, rendered it
necessary for him to seek an asylum on the Continent, to ap
peal to foreign nations, and to put himself under the protection
of the common Father of Christians. While at Pontigny,
Sens, and at Rome, he was always wUling to make any per
sonal sacriflce for reconciliation, so that the cause of religion
was safe ; but the King, under pretence of guarding his royal
dignity, was still bent on prosecuting his scheme for annihilat
ing the influence of the clergy, which nothing but the heroic
courage of one man hindered him from accomplishing. The
conditions solemnly ratified at Fereitville the King was the
first to violate. The excommunication of the three prelates
was in strict accordance with the canon law, wluch was parcel
of the law of the land, and Becket's only chance, either of
personal safety or of preserving the liberties of the country,
was then to enforce the rights which clearly belonged to his
office and to his order. His martyrdom must be considered one
of the most splendid that has occurred since the propagation
of the gospel to edify Christians, for, not ignorant of what
was prepared for him, and being able at any time, by a slight
concession, to avert his fate, he braved the assassins whom he
could not withstand, and he received the deadly wounds they
Inflicted upon him with a constancy which could only have
proceeded from a fervent faith in the promises of revelation,
and the Immediate aid of its divine Author.
Setting aside exaggeration, and miracle, and religious pre- Just esti-
judice, I must confess I am Inclined to think that this last chartcter.'^
view of Becket Is not only the more merciful, but the
more just. I cannot doubt his sincerity, and almost all
will agree that he beUeved himself to be sincere. Let us
consider the sudden effect of the touch of the mitre on men
of honour in our own time. It must be remembered that
by the same ardour and enthusiasm he was led to put on a
coat of mail and engage in single combat with a stalwart
knight, and afterwards to wear a shirt of hair and to submit
H 2

100

REIGN OP HENRY II.

CHAP. IIL

Result.

Whether Becketchampion
of Saxon
race.

Becket's
letters.

to the discipline of the whip. If he bore Implacable resent
ment, he showed inflexible resolution in the support of what
he considered a good cause, wiUIngly submitting to poverty,
exile, and death itself.
Both sides concur in ascribing to him brilliant talents,
great acquirements, and delightful manners, which captivated
aUke king and commonalty.
Some have lately thought they discovered in Becket a
patriot who took up the cause of the Saxons, and quarrelled
with the Normans in trying to obtain justice for hjs country
men ; but although he is celebrated for his Impartiality to
both races while Chancellor, I can find nothing political In
his subsequent disputes, which appear to me to have been
purely between the civil and spiritual authorities, and not
between race and race.
We can best judge him by the large collection of his
letters which have come down to us. In these, although we
should in vain look for the classical style and delicate raillery
of Erasmus, we find a vigour, an earnestness, and a reach of
thought quite unexampled In the productions of the age in
which he lived. Making us familiar with him, they ex
plain to us the extraordinary ascendency which he acquired
over the minds of mankind.*

* See Fitzstephen, Hoveden, Quadrologus, Lord Lyttelton's History of
Henry XL, Thierry's History of the Norman Conquest, Epist. Sane. Thom.
It is said that many letters of a Becket never before published, have been lately
discovered in different repositories on the Continent, and are shortly to be given
to the world.

JOHN — RODOLPIIUS — WALTER, CHANCELLORS. 101

CHAPTER IV.
CHANCELLORS FROM THE KESIGNATION OP THOMAS a BECKET
TO THE DEATH OF HENRY II.
The history of the Great Seal during the reign of Henry II. CHAP.
Is left in a state of great uncertainty from the time when it "

was resigned in 1162 by Thomas a Becket till it was deli- Obscure
vered in 1181 to Geoffrey Plantagenet, the King's natural ^^^"^^^^
son. In this interval there were very powerful chief jus- Becket.
ticiarles, — Richard de Luci, and Robert Earl of Leicester ;
and they probably rendered the office of Chancellor for the
time of little consequence. However, we find the names of
several who are said to have held it.
First, "Joannes Cancellarlus*" occurs; but of this John Chancellor
we know not the surname, nor what other dignity he ever a.d. ii73.
attained. Next comes Rodolphus de WarnavIUa, of whom
we only know that when he was appointed he was arch
deacon of Rohan.f The third is Walter de Constantils, who
was made Bishop of Ely. Although the last is supposed to
have been at one time ChanceUor to the King, it would
appear that in the year 1175 he only held the Great Seal as
a deputy. If we may judge from the account given us by
Hoveden of an embassy to the Earl of Flanders, in which he
was joined with the famous Ranulphus de Glanvil, after
wards Chief Justiciary, and the earliest writer on the Law
of England. On this occaMon he is described as " Vice-Can-
cellarlus." $ What share any of these Chancellors had in the
stirring events of the time, — the framings of the Constitutions
of Clarendon, — the deadly controversy with Becket, — the
conquest of Ireland, — the war with Scotland, — the feudal

* Spel. Glos. 109. t lb- Or- Jy"-- 3.
J Et ad audiendum inde responsum comitis ( Flandrise) misit Walterum de
Constantiis, Vice-Cancellakium suum et Ranulphum de Glanvilla. Hoveden,
P. ii. p. 561. n. 10. H 3

102

REIGN OP HENRY II.

CHAP. IV.

GeoffreyPlanta
genet,
Chancellor.

His birth
and educa
tion.

A bishop.

His mili
tary ex
ploits.

subjection of that country on the capture of William the Scot
tish King, and the continued disputes and wars between
Henry and his sons, we shall never learn.
It is the fashion of historians down to a much later era, to
ascribe all the acts of government, even those connected with
legislation and domestic administration, to the autocracy of
the nominal chief of the state ; but the most active sovereign
could only In general have the merit of selecting good coun
sellors and taking good advice ; and if our sovereigns would
sometimes lose credit, they might as often be relieved from
obloquy, by a disclosure of the share which each minister
had In the measures of their reign.
We now come to another Chancellor, whose origin, career,
and character are well known to history. In the year 1181
Henry delivered the Great Seal to Geoffrey, his son by
the fair Rosamond.* Of all his progeny, legitimate or ille
gitimate, this was his favourite. The boy was tenderly reared
at Court, and as he displayed Uvely parts, great pains were
taken with his education. He could not have a regular
appanage, as if he had been a son of the Queen, but it was
thought that an ample provision might be made for him in
the Church. While yet a youth, he was appointed archdeacon
of Lincoln, and whUe In the 20th year of his age, by royal
mandate he was elected bishop of that see. For a consi
derable time, under favour of a papal dispensation, he enjoyed
the temporalities, without having been consecrated bishop,
or even admitted Into holy orders. A rebeUion breaking out
in 1174, he raised a large mUitary force, took several castles,
displayed great personal prowess, and was of essential service
in reducing the insurgent Barons to subjection.
When Henry was raising an army to repel an invasion of
the Scots, Geoffrey joined him, and brought, under his own
banner, 140 knights raised In his bishopric, with many more
men-at-arms, well mounted and accoutred. The King re
ceived him with much joy, and said in the hearing of a great
multitude of persons who were present at their meeting, —
" My other sons, by their conduct, have proved themselves

* Orig. Jur. 1. Spel. Gloss. 109.

GEOFFREY PLANTAGENET, CHANCELLOR. 103
bastards, but this alone has shown himself to be really my chap.
true and legitimate son." ^^-
Though as a soldier Geoffrey obtained great reputation, he
was very deficient in his duty as a churchman, and after being
seven years a bishop, he still refused to become a priest. At
last, in the year 1181, Pope Alexander III. sent a mandate
to Richard, Archbishop of Canterbury, requiring the Primate
to compel him by ecclesiastical censures no longer to defer
what could not without scandal be any longer dispensed with,
or to renounce his election to the bishopric of Lincoln.
The slender restraints then Imposed on ecclesiastical dig
nitaries weighed with him little, but to priestly tonsure and
tunics he would not submit ; and as in spite of all remonstrance
he persisted in sincerely saying, " Nolo episcoparl," — so the see
was declared vacant and bestowed on another. This was not
from any levity of character or love of idleness, for Geoffrey had
applied himself diligently to study, and had made considerable
progress in the civil and canon law. By w;ay of indemnity Receives
for his loss, the office of ChanceUor was conferred upon him. "^^ ^^ '
Even In those days such an appointment must have been His con-
considered a very glaring job, the young man, notwithstanding ^"hanrellor.
his talents and acquirements, being entirely without expe
rience, and the custody of the Great Seal having important
judicial duties annexed to it. Nevertheless, he is said to
have dedicated himself to business in a very exemplary
manner, and to have given considerable satisfaction to the
public. A doubt exists how long he remained in the office. Some
accounts represent him as holding it during the remaining
eight years of his father's reign*, whUe there are notices of
three others having during this interval been in possession of the
Great Seal,— Nigel, Bishop of Ely t, Walter de Bidun |,
and the before-mentioned Walter de Constantiis. Perhaps
the authorities may be reconcUed by supposing that these
merely assisted as Vice-chancellors, whUe Geoffrey remained
Chancellor, enjoying the dignity and emoluments of the office

* This opinion is espoused by Lord Lyttelton in his History of Henry II.
t Cart. 5 Ed. 3. m. 1. I Lei- Coll. vol. i. p. 38.
H 4

104 reign of HENRY II.
CHAP, till his father's death. Ranulphus de Glanvil was now Chief
Justiciary, and he must have thrown into the shade aU others
connected with the administration of the law. A skUful
military commander, he quelled a dangerous rebellion and
gained a great victory over the Scots, taking their King
prisoner ; he presided with distinguished lustre in the Aula
Regia ; and he wrote a book on the law and constitution of
England, which is now read by all who wish to acquire a
critical knowledge of them as they stood in the first century
after the Conquest, before they were modified by the great
charter of King John.*
His filial Whatever might be the qualifications of Geoffrey Plan-
piety. . . ,
tagenet for his office of ChanceUor, all authors are loud In his
praise for his steady fidelity and attachment to his father,
while his brothers were constantly thwarting and annoying
him, and were often In arms against him. In 1189, near the
close of this reign, the pious Chancellor fought valiantly by
his father's side In a hard-contested battle near Frenelles In
Normandy, and the English army being obliged to retreat in
some disorder, he offered to keep watch at an outpost, fa
tigued and spent as he was, while his father should enjoy
some repose ; but Henry would not suffer him to be his guard
with so much danger ^o himself.
Soon after, hearing of his father's dangerous Illness at
Chlnon, he hastened thither, and finding him so much op
pressed by fever that he could not sit up in his bed, he gently
raised his head and supported it on his own bosom. Henry
fetched a deep sigh, and turning his languid eyes upon him,
said : — " My dearest son, as you have In aU changes of
fortune behaved yourself most dutifuUy and affectionately to
me, doing aU that the best of sons could do, so wUl I, if the

» Glanvil not having been Chancellor, I do not feel myself at liberty to give
any detailed account of his life ; but I may be excused transcribing in a note a
character of him to be found in the preface to the eighth part of Lord Coke's
reports. " Et nota quod prasfatus Ranulph' de Glanvilla fuit vir prfflclarJssiraus
genere utpote de nobili sanguine, vir insuper strenuissimus corpore, qui provec-
tiori state ad Terram Sanctam properavit et ibidem contra inamicos crucis
Christi strenuissime usque ad necem dimicavit." Coke seems to envy the glBry
of the crusader ; for though he himself had " written learnedly and profoundly,"
his own exploits as ex-chief justice when sheriff of Buckinghamshire, could not
compare with those of ex-chief justice Glanvil.

GEOFFREY PLANTAGENET, CHANCELLOR. 105
mercy of God shall permit me to recover from this sickness, chap.
make such returns to you as the fondest of fathers can make, ^^'
and place you among the greatest and most powerful subjects
In aU my dominions. But if death should prevent my ful
fiUing this Intention, may God, to whom the recompence of
all goodness belongs, reward you for me."^ — "I have no soli
citude," replied Geoffrey, " but that you may recover and may
be happy."
The King with his last breath expressed a wish that this
pious son should be provided for by his successor, — a wish
that was held sacred by the penitent Richard.
Geoffrey, dutiful to the last, attended the corpse to the
nunnery of Fontevrault, — where blood running from its
mouth at the approach of Richard, that generous though
violent spirit. In a fit of remorse, reproached himself as the
murderer of his father.
During the latter part of the reign of Henry IL, while his State of
son GeoiSFrey was Chancellor, aU things being reduced to rXno""^
peace, our legal polity Is supposed to have made greater ad- Henry ii.
vances than it had done from the Conquest downwards. The
great regularity in the order of proceeding, and the refine
ment with which questions respecting property were treated,
show that if the age was barbarous. It produced Individuals
of enlarged minds and -well skiUed in the principles of juris
prudence.
' Very able men followed as ChanceUors In the succeeding
relgris, but from foreign war and domestic strife little im
provement was effected by any of them for near a century
afterwards. Although there be as yet no traces of the Chancellor
having a separate court of his own, either for common law
or equitable jurisdiction. It Is certain that In the time of
Henry II. he was looked up to as a high judicial authority,
and he occasionally went the circuit as a justice in eyre or of
assize.* * Mad. Ex. p. 61. See Lord Lyttelton's Hist. iii. 479. 4 Inst. 159.

106 REIGN OP RICHARD L

CHAPTER V.

CHANCELLORS DURING THE REIGN OF RICHAED I.

CHAP. Richard, as soon as he had attended his father's funeral,
was impatient to join the Crusade. From the arrangements

Richard. he had made for the government of the realm in his absence,
A.D. 1189. it was not convenient that Geoffrey should be continued in
the office of ChanceUor, but an offer was made to him of
madeArch ecclesiastical preferment which he could not resist. He was
bishop pf appointed Archbishop of York, and being now in France, he
"^ ¦ suffered himself to be consecrated to the holy office by the
Archbishop of Tours, metropolitan of Anjou. He agreed
not to take possession of his see for three years, during which
time he swore that he woiUd not set foot on English ground,
— an oath required of him by Richard, who had some sus
picions as to his fidelity. How he observed the oath we shall
see as we proceed with the life of his celebrated successor.
Long- Richard's ChanceUor was William Longchamp, Bishop
f HA.MP
Chancellor, of Ely*, one of the most eminent men who have ever held the
Great Seal. He was a native of Beauvais in France, and of
mean extraction, but he gave early proof of extraordinary
ability and address. He first came Into notice in the service
of the Chancellor Geoffrey, the son of Rosamond. Being
afterwards Introduced to Prince Richard, he contrived to
insinuate himself into his good graces without Incurring the
suspicion of the old King, and through successive promotions
in the Church he was made Bishop of Ely — always dis
playing great vigour of character and capacity for busiaess,
and hitherto concealing his inordinate ambition and rapacity.
Although he had now resided many years In England, he did
not understand one word of the EngUsh language ; but such
¦" Or. Jur. Hoved. 375. Spel. Gloss. 109.

LONGCHAMP, CHANCELLOR. 107
was StiU the depression of every thing Anglo-Saxon, that chap.
neither in parUament, nor in courts of justice, nor in the ^¦
society of the great, did he experience any inconvenience from '~~~~~'
this deficiency. The King, about to set off upon his memo- Richard i.
rable expedition to the Holy Land, not only conferred upon '^'^f ^°l^^^
him the office of Chancellor, but made him Grand Justiciary
and guardian of the realm jointly with Hugh, Bishop of
Durham * ; and that he might better insure the public tran-
quiUity, procured for him the authority of legate from the
Pope. Richard's great object was to deprive his brother
John of aU power and influence, — being apprehensive that
this Prince, who had early displayed his faithless character
and turbulent disposition, would, in his absence, according to
various prior examples in the Norman line, enter into cabals
with discontented Barons, and aim at the Crown. But he
fell into a mistake in appointing the Bishop of Durham as a
check on the power of Longchamp. The one would bear no
equal, and the other no superior.
No sooner had Richard left England on his voyage to the Long-
Mediterranean than their animosities burst forth, and threw prfs^ns Uie
the kingdom into combustion. Longchamp t, presumptuous Bishop of
in his nature, elated by the favour which he enjoyed with his
master, holding the Great Seal, and armed with the le
gatine commission, refused to share the executive power of
the state with his coUeague, treated him with contumely,
and, upon some show of resistance, went so far as to arrest
him, and, as the price of his liberty, extorted from him a
resignation of the earldom of Northumberland, and his other
dignities. The King, informed of these dissensions, ordered,
by letters from Marseilles, that the Bishop should be re-
Instated in his offices ; but the Chancellor had still the
boldness to refuse compliance, on pretence that he himself
was better acquainted with the King's secret intentions. He His ty-
proceeded to govern the kingdom by his sole authority, to ''*"°y-
• Hoved. 378. M. Par. in Anli. 1189.
f In the following account of the administration of Longchamp, his flight
and his subsequent career, I have chiefly followed " the History of the Norman
Conquest " by Thierry, who cites authorities, most of which I have examined,
and which fully support his statements. See vol. iv. 40—52. 64 — 75.

108 REIGN OP RICHARD I.
CHAP, treat all the nobility with arrogance, and to display his power
• and riches with the most invidious ostentation. A numerous
guard was stationed at his door. He never traveUed without
a body of 1500 foreign soldiers, notorious for their rapine and
Ucentiousness. Nobles and knights were proud" of being
admitted into his train. He sealed public acts with his own
seal instead of the Great Seal of England. His retinue wore
the aspect of royal magniflcence ; and when in his progress
through the kingdom he lodged In any monastery, his at
tendants. It is said, were sufficient to devour In one night the
revenue of several years. To drown the curses of the natives,
he brought over from France, at a great expence, singers and
jesters, who sang verses In places of public resort, declaring
that the Chancellor never had his equal in the world.
His rapa- Jq ^hc meanwhile he abused his power to enrich himself
and his family ; he placed his relations and friends of foreign
birth in all posts of profit or honour, and gave them the
government of castles and cities, of which, under various
pretexts, he deprived men of the pure Norman race, spoiUng
them and the descendants of the Saxon thanes with indis
criminate violence. Contemporary authors say, that " by
reason of his rapines a knight could not preserve his sUver
belt, nor a noble his gold ring, nor a lady her necklace, nor
a Jew his merchandise." He showed himself, besides, haughty
and Insolent, and he enforced submission to his will by the
severity and promptitude of his vengeance. The King, who
was obUged to winter In SIcUy, and was detained in Europe
longer than the Chancellor expected, being informed of the
arbitrary and tyrannical conduct of his minister, made a
fresh attempt to restrain his power, and sent orders ap
pointing Walter, Archbishop of Rouen, WiUiam Marshal,
Earl of Strigul, Geoffrey Fitz-Peter, WiUiam Briewere, and
Hugh Bardolf councUlors to Longchamp, and commanding
him to take no measure of Importance without their con
currence and approbation. But such general terror had he
created by his violent conduct, that for a long whUe they did
not venture to produce the King's mandate. When it was
produced the Chancellor insisted that It was a forgery, and he
stiU exercised an uncontroUed authority over the nation.

LONGCHAMP, CHANCELLOR. 109
Prince John, aware of the general discontent, and seeing CHAP.
with envy the usurpations of the Chancellor, at last took ^'
courage to make head against him ; and all those who were rTTigiT
smarting under his exactions, or who hoped to better their Prince
condition by change, actively engaged in the party formed arms
for his overthrow. An open rupture broke out between those ^g^'"^'
rivals for power, on the occasion of the Chancellor's attempt
to deprive Gerard de Camville, a Norman by race, of the
office of sheriff of the county of Lincoln, which the King
had made over to him for a sum of money. The Chancellor,
who wished to bestow this office on one of his friends,
summoned Camville to deliver up to him the keys of the
castle of Lincoln ; but he resisted the demand, saying that he
was a liege man to Prince John, and that he would not
surrender his fief tiU tried and condemned In the court of his
Uege lord. On this refusal the Chancellor came with an
army to besiege the castle of Lincoln, and took it. CamvUle
demanded justice from his superior and protector. By way
of reprisals, John took possession of the royal castles of
Nottingham and Tickhil — there raised his fiag, and stationed
his men, declaring, according to Hoveden, that If the Chan
cellor did not do speedy justice to CamvIUe his vassal, he
would visit him with a rod of Iron. The Chancellor quailed
under his threat, and entered Into a treaty, by which John
remained in possession of the two castles he had taken.
The next assault upon the authority of the Chancellor GeoH'rey,
proceeded from his predecessor in office, Geoffrey, now Arch- *® ^^'
bishop of York. Regardless of his oath not to enter the invades
realm of England for three years, and of a solemn warning England.
he received when about to embark, he resolved to take pos
session of his see, and to enjoy the benefit of any chances of
farther preferment which might open to him. The Chan
ceUor sent armed men to seize him upon his landing. He
escaped their pursuit in disguise, and gained a monastery in
the* city of Canterbury, where the monks hospitably received
him and concealed him. A report, however, getting abroad Geoffrey
that he had taken refuge there, the convent was surrounded and^tm^
by soldiers, and the Archbishop being seized In the church, prisoned.
when he was returning from celebrating mass, was shut up

110

REIGN OP RICHARD L

CHAP. V.

Combina
tion of the
noblesagainst Long
champ.

Saxon in
habitants of London
called in to
assist.

in the castle of the city under the keeping of the Constable de
Clare. The violent arrest and Imprisonment of an Archbishop
made a great noise all over England, and John, thinking this
a favourable occasion for extending his own power, openly
took the part of his captive brother. Although he had
hitherto regarded Geoffrey as an enemy, he now pretended
to feel for him the most tender affection, and with menaces
he insisted on the ChanceUor setting the Archbishop at
liberty. Longchamp, on account of the sacred character of
his prisoner, did not venture to resist. John then wrote to
all the Bishops and Barons to assemble at Reading ; while
the Chancellor, by other letters, forbade them to accept the
invitation of a prince whose object it was to disinherit his
Sovereign. The assembly, however, was held : John and
Geoffrey met, wept, and embraced, and the latter on his
knees besought his fellow-peers to avenge the Insult which
had been offered In his person to the immunities of the
Church and the right of sanctuary.
John, becoming bolder and bolder, repaired to London,
there convoked the great council of the Barons and Bishops,
and accused the Chancellor before them of having grossly
abused the authority with which the King had Intrusted
him. The accused had injured and offended so many of
those who were to decide his case, that the accuser was sure
of a favourable hearing.
• The ChanceUor was cited to appear before the Barons by
a certain day. He refused, and assembling a mUItary force,
marched from Windsor, where he kept his Court, upon
London, to anticipate the re-assembling of the body who
presumed to act as his judges. But John's men-at-arms
came upon him at the gates of the city, attacked and dis
persed his followers, and compelled him in great haste to
throw himself into the Tower of London, where he shut
himself up, while the Barons and Bishops assembled in Par
liament and deliberated on his fate.
The majority of them had resolved to strike a great blow,
and to depose by their authority the man who, holding the
royal commission, could not regularly be deprived of office

LONGCHAMP, CHANCELLOR. jjj
without the express order of the Sovereign. In this daring chap
enterprise, they being themselves Normans, were desirous of ^-
havlng the assistance of the Saxon inhabitants of London,
constituting the great mass of the population. In the
morning of the day appointed for their meeting, they caused
the great alarm-bell to be rung, and as the citizens Issued
forth from their houses, persons stationed for the purpose
directed them to repair to St. Paul's Cathedral. The
merchants and trades-people going thither to see what was
the matter, were surprised to find assembled the grandees of
the country, the descendants of those who had conquered at
Hastings, — with whom hitherto they had had no other re
lation than that of lord and vUlain. Contrary to custom,
the Barons and Prelates gave a gracious reception to the
citizens, and a temporary equality was established among all
present. The English guessed as weU as they could the
meaning of the speeches addressed to them in French, and
there was read and explained to them a pretended letter of
the King, Intimating that if the Chancellor should be guilty
of malversation in his office, he might be deposed. A vote
was then taken of the whole assembly, without distinction of
race, and the Norman heralds proclaimed "that It pleased
John, the King's brother, and all the Bishops, Earls and
Barons of the kingdom,: and the citizens of London, that the
Chancellor should be deposed."
It was at first thought that he would have stood a siege In Long-
the Tower, but he was without courage at the approach of rend^j/""^"
real danger, and he immediately offered to capitulate. He
was freely allowed to depart on condition of delivering up
the keys of all the King's castles. He was made to swear
that he would not leave England tiU he had done so, and
two of his brothers were detained as hostages for his good
faith. He withdrew to Canterbury, under pretence of fulfilling Long-
his oath ; but when he had remained there a few days, he in^^dis*!^
formed the resolution to fly, liking better to expose his g^'se of a
brothers to death than to deliver up the castles, by the pos- p^e'diar.
session of which he hoped to recover what he had lost. He
left the city on foot and in disguise, having over his own clothes

2^12 REIGN OP RICHARD I.
CHAP, a gown with great sleeves and a petticoat, — his face being
^- covered by a thick veil, — carrying under his arm a pack of
 ¦ linen, and in his hand an eU measure.* In this attire, which
was that of an EngUsh female pedlar of the tune, the Chan
ceUor made for the sea-shore, and was obUged to wait for the
ship in which he was to embark. He seated himself quietly
on a stone with his pack on his knees, and some flshermen's
wives, who were passing by, accosted him, asking him the
price of his wares ; but, not knowing a single word of En
gUsh, the Chancellor made no reply, and shook his head,— to
the great surprise of those who wished to become his cus
tomers. They walked on ; but other women coming up, and
examining the quality of the linen, made the same demand as
the flrst. The pretended female pedlar still preserved sUence,
and the women repeated their questions. At length, at his
wit's end, the ChanceUor raised a loud laugh, hoping so to
escape from his embarrassment. At this laugh without a
jest, they believed they saw before them a female out of her
mind, and raising her veU to ascertain who she was, dis
covered the face of a man, of a swarthy complexion, lately
shaved, t Their cries of surprise attracted the workmen of
by the mob. ^^^ po^'tj ^^o, glad to find an object of sport, seized hold of
the person in masquerade, drawing him by his garments J,
causing him to tumble on the ground, and making merry
with his vain efforts to escape from them and to make them
comprehend who he was. After dragging hini a long way
over stones and through mud, the sailors and fishermen con
cluded by shutting him up in a dark cellar. § Here he re
mained tiU he contrived to communicate his misadventure to
the agents of the government. He was then forced to deliver
up the keys of all the royal castles, according to his engage
ment, and was permitted freely to leave England.
• " Tunica foeminea virldi . . . cappam habens ejusdem coloris . . . mani-
catam . . . peplum in capite . . . pannum lineum in manu sinistra . . . virgam
venditoris in dextra." — Hoveden;
t " Viderunt faciem hominis nigram et noviter rasam," — Ibid.
^ " Et facta est statim multitudo virorum ac mulierum extrahentium de
capite peplum et trahentium eum prostratum in terram per manicas et capu-
cium." — Ibid.
§ " Pluribusque modis turpiter tractavit per totam villam et . . . in quodam
cellario tenebroso . . . inclusit." — Ibid.

LONGCHAMP, CHANCELLOR. 113
On arriving In France, he Immediately wrote to the King chap.
that Prince John, having got possession of his fortresses, was ^^'
about to usurp the throne, and pressing him Immediately to Arrives in
return from the Holy Land. He seems to have convinced F'^nce.
Richard that he himself had acted as a good, and loyal sub
ject, and that his struggle with the Barons was only in the
support of the royal authority. To his honour it is recorded Visits
thatj hearing of Richard's captivity in Germany, he repaired Cfsur de
j.i.-xt. 1 1 i • 1 . . •' . . . ¦' . ^ Lion in
thither, and obtained permission to visit, m prison, that captivity.
generous master, whom the universe seemed to have aban
doned.* Richard received him as a personal friend per
secuted In his service, and employed him In defending him
from the unfounded charge brought against him as a pretext
for his detention, and In conducting the negotiations for his
liberation. As soon as Longchamp had been subdued and exiled by Geoffrey
John and the Barons, "the office of Chancellor was restored ^'^°'^- .
n JXL -r»i n genet again
to Geonrey Plantagenet, now fuUy installed In his arch- Chancellor.
bishopric, and he held it till Richard's return to England,
when he was finally deprived of it. He experienced cle
mency to which he was not much entitled, considering his
perfidy and breach of oath, and he seems to have employed
himself in the discharge of his ecclesiastical duties during the
remainder of this reign.
It wiU be convenient that I should here relate what a.d. 1199.
further Is known of him as Ex-chancellor. After the death fate^o^"™
of Richard he was no longer suffered to live in tranquil- Geoffrey
llty. John seized all his goods and the profits of his arch- genet. '
bishopric, and Geoffrey raised a strong party against him.
A truce was established between them ; but this was of short
duration. John requiring for his wars, without the con
sent of the great council of the nation, the tenth shiUing of
what every body was worth, this tax was resisted as lUegal
* 'Thus the Chancellor is supposed to have serenaded the King ; —
" O Richard, O mon Roy,
L'univers t'abandonne,
Mais pour moy je garde ma foy,
Toujours fidele a ta personne."
VOL. L I

114

REIGN OP RICHARD I.

CHAP. V.

His exile,
and death.

Long
champ
again Chancellor.

Parlia
ment at
Notting
ham.

Long
champ
forgesletter from
" The Old
Man of the
Mountain"

by Geoffrey, who pronounced sentence of excommunication
on aU within his diocese who should pay It. John vowed a
bitter revenge, and was proceeding to such extremities against
him that he went into voluntary exUe, and died at a distance
from his native land before the memorable aera when the
Barons at Runnymede obtained security against unlawful
taxation, and the tyranny of John was effectually restrained.
But we must now return back to Longchamp. No sooner
was Richard again in possession of the royal authority, than,
disregarding aU the charges which were brought against his
vicegerent of abuse of authority, he re-Instated him In the
office of Chancellor, and restored to him aU his authority.
In 1194 a parliament was called at Nottingham. When
it was opened, Hubert, Archbishop of Canterbury, sat on
the King's right hand, and Geoffrey Archbishop of. York, on
his left. But Longchamp, the Chancellor, was present, and
although only ranking according to the precedence of his see,
he guided all their deliberations. The session was about the
usual length, viz. four days. On the first day sentence was
passed on several rebellious Barons and sheriffs, who were
deprived of their castles and jurisdictions. On the second
day the King pronounced judgment against his brother John,
who was absent, for having, contrary to his oath of fealty,
usurped his castles, and entered into a conspiracy with the
King of France against him — when he was ordered to appear
by a certain day under pain of banishment. On the third
day a supply of two shiUings on every ploughland was voted
to the King; and the last day was spent in hearing and
redressing grievances, and resolving that to nulUfy the King's
submission to the Emperor when In captivity, he should be
crowned again. This ceremony was actually performed at
Winchester. But Longchamp, the ChanceUor, had soon to extricate the
King from a new perplexity. A calumny was propagated,
and generally beUeved, that whUe in the East he had murdered
the Marquis of Montferrat.* This charge was Invented by

* See the tale of the "Talisman" by Sir Walter Scott. Sir Robert Comyn's
' History of the Western Empire," ii. 265.

LONGCHAMP, CHANCELLOR. 115
PhUIp, King of France, Richard's great rival, with whom he CHAP.
was now at open war, and much damped the zeal of his ^¦
supporters, both in England and on the Continent. All ^^^^^^
protestations and reasonable proofs of innocence being vain, Richard of
the Chancellor forged a supposed autograph letter, professing Marqu^is°of
to have been written by " The Old Man of the Mountain," Mo"*-
to the Duke of Austria, In Hebrew, Greek, and Latin cha
racters, — of which the following Is a translation: —
" To Leopold, Duke of Austria, and to all princes and
people of the Christian faith, greeting. Whereas many Kings
In countries beyond the seas Impute to Richard, King and
Lord of England, the death of the Marquis, I swear by the
God who reigns eternally, and by the law which we follow,
that King Richard had no participation in this murder.
Done at our castle of Messina, and sealed with our seal, Mid-
September, in the year 1503 after Alexander."
This extraordinary missive was formally communicated by
the Chancellor to foreign sovereigns, and he likewise sent
copies of It to the monks who were known to be employed in
compiUng the chronicles of the. time. Its manifest falsity was
not remarked in an age when criticism and a knowledge of
eastern manners had made little progress in the north of
Europe. It had a sensible effect in weakening the im
putations of the King of France among his own subjects,
and it greatly encouraged those of the King of England to
fight for a master whose character was thus proved to be
immaculate. Longchamp soon after resigned the Great Seal; but a. d. iige.
Richard made as much use of his councU as ever to the day Q^'fj"^^^,^
of his death. He was in 1197, together with the Bishop of
Durham, sent on an embassy to the Pope, and while stiU in
the public employment, he died at Poictiers in the beginning jj;^ ^^^^^
of the following year. He certainly was a man of great a.j,. iigs.
energy and abUity, and, tried by the standard of honour and
morality which prevaUed in the 12th century, he probably Is
not to be very severely condemned either as a ChanceUor or
a Bishop.* * See Pari. Hist. 7.
I 2

116

REIGN OP RICHARD I.

CHAP. V.
Eustace,
Bishop of
Ely, Chan-
cellor.

Origin of
Vice-chan
cellors.

Vice-chan
cellors John de
Alen^-.on
and Mal
chien.

Richard appointed as his successor, Eustace, Bishop of
Ely*, who had previously been Vice-chancellor.
In this reign we have the earliest distinct evidence of the
existence of the officer connected with the Great Seal, caUed
indifferently " Custos SlgiUi," " SigUlifer," and « Vice-can-
cellarlus ; " but in all probabUity the office was long before
well known. It has been usual to consider the Great Seal
as inseparable from the person of an existing Chancellor,
and that the Keeper of the Great Seal, from the remotest
antiquity, exercised all the functions of the ChanceUor under
another title ; but, as we shall see, for many ages to come
there were often concurrently a Chancellor and Keeper of
the Great Seal. When the King went abroad, sometimes
the Chancellor accompanied him with the Great Seal, another
seal being deUvered to a Vice-chanceUor, to be used for the
sealing of writs and despatch of ordinary business. At other
times the Chancellor remained at home, with the custody of
the Great Seal, and a Vice-chancellor attended the King
with another seal while he was abroad, and acted as Secretary
of State. While the King remained in England, if the
Chancellor went abroad, a Vice-chancellor was always ap
pointed to hold the Seal in his absence ; and while the King
and the ChanceUor were both in England, it often happened
that, from the sickness of the ChanceUor, or his absence from
Court On public or private business, or from his being ig
norant of law or absorbed in politics, a Vice-chancellor was
appointed, who, as deputy, transacted aU affairs connected
with the Great Seal, the patronage and profits still belong
ing to the ChanceUor.
Longchamp, whUe he held the office of ChanceUor, always
had Vice-chancellors acting under him, who were Intrusted
with the custody of the Great Seal. The first of these was
John de Alen9on, Archdeacon of Lisieux. Then came Roger
Mains Catulus, or Malchien. Hovedeii relates, that while
Longchamp, the ChanceUor, remained in England to admi-

* According to Spelman, Eustace was made Chancellor in 1190, Gloss. 100..
and according to Dugdale, in 1198. Or. Jur. 5.

VICE-CHANCELLORS. 117
nister the government, Malchien, as Vice-chancellor, at- chap.
tended Richard in Sicily, on his way to Palestine, and was ^'
afterwards drowned near Cyprus, having the Great Seal
suspended round his neck.* It Is said that the King, on his
return, ordered aU charters that had been sealed with It to be
resealed with another seal, bearing a different impression,
made to replace it, — upon the suggestion that the lost seal
might have been misapplied, and therefore would not properly
authenticate the royal grants, — this being in reality a device
to draw money to his exhausted exchequer.
Subsequently, one " Master Bennet " was Vice-chancellor ; Vice chan-
but he must have been appointed in England by John and ^^j"
the rebellious Barons, or by their Chancellor, for we find
him anathematised by Longchamp, who, as Bishop of Ely
and Pope's legate, could call In the censures of the Church
to aid his temporal authority. In a list of those excom
municated for disobedience to the Chancellor, who repre
sented the King, we find " Etiam denunciamus excommu-
nicatum Magistrum Benedictum, qui sigillum Domini Regis
contra statuta Regis et Regni, et contra prohlbitionem nos-
tram, ferre prsesumpslt." t
When Longchamp was again Chancellori he had for his
Vice-chancellor one Eustace, styled " Sigillifer," Dean of
Salisbury, who succeeded him as Chancellor, and as Bishop
of Ely. Eustace likewise had a Vice-chancellor, Warlne,
Prior of Loches.
Eustace and Warlne remained In their respective offices Death of
without any thing memorable occurring to them, till the Lion-
hearted Richard, who had gained such renown by his pro
digies of valour in the East, feU Ingloriously before the little
castle of Chalos; and, as might have been expected, they
were immediately dismissed by his successor, who had been
at constant enmity with him during his life, and even
hated his memory.
We have one remarkable iuridlcal monument of this Laws of
Oleron.
* This occurrence induced Lord Coke to say, that the form of conferring the
office of Chancellor was by suspending the Great Seal round the neck of the
person appointed. 4 Inst. 87.
t Hoved. P. ii. p. 707. n. 30.

118 REIGN OP RICHARD I.
CHAP, reign — the Laws of Oleron, the foundation of the maritime
_ jurisprudence of modern Europe, and cited as authority at
the present day on both sides of the Atlantic. The work is
said to have been written by Richard himself while on his
travels, but of course must have been the production of
Vice-Chancellor Malchien, or some lawyer who had accom
panied him.

WALTER HUBERT, CHAJSCELLOR. 119
CHAPTER VL
OP THE CHANCELLORS DURING THE EEIGN OE KING JOHN.
We have now materials for an exact history of the Great chap.
Seal. From the beginning of the reign of King John to ^^•
the present time, it has seldom been placed in the custody of ^
any person, even for a single day, without a memorandum of
the transfer being entered in records still extant.
This, the most worthless of English sovereigns, having Accession
usurped the throne In derogation of the rights of Arthur,
the unfortunate son of Geoffrey his elder brother, was Arch-
anxious to prop up his defective title by the support of the ^^^°P of
Church ; and, with that view, he appointed as his Chan- bury,
cellor Walter Hubert, Archbishop of Canterbury, who ^'"'•"'^•lo''-
had been for a short time Chief Justiciary, during the
stormy period of the preceding reign.*. While he held this
office, the monks of Canterbury had complained to the Pope
that, contrary to the canons of the church, their archbishop,
as Justiciary, was a judge In causes of blood, and that, being
involved In secular aflfe,irs, he neglected his ecclesiastical
duties. The Pope, therefore, sent a paternal remonstrance
to the King, requiring him to remove the Archbishop from
all lay employments, and, for the future, not to admit him, .
or any priest. Into any secular office.
Hubert, however, without hesitation, accepted the offer of
the Chancellorship from John, and was In the habit of boast
ing of Its power and emoluments. It Is related that, when
he was stating how much this office was to be preferred to
any other, he was thus rebuked by Hugh Bardolfe, an un
lettered baron, — " My Lord, with your good leave, if you
would weU consider the great power and dignity of your
spiritual function, you would not undertake the yoke of
lay servitude, "t The office was too lucrative to be aban
doned for such a gibe, and the Archbishop, on the contrary,
* Spel. Gloss. 100. Or. Jur. 5. f Hoveden, 451.
I 4

120 REIGN OF KING JOHN.
CHAP. Immediately obtained a charter from the King which, under
^^' pretence of regulating, increased the fees to be taken by him
and his officers.*
* The reader may be amused by a translation of this curious document.
" Ordinance of the King concerning the Fees of the Great Seal of England.
" John, by the grace of God King of England, Lord of Ireland, Duke of
Normandy, Aquitain, and Earl of Anjou, to his archbishops, bishops, abbots,
earls, barons, justiciaries, sheriffs, provosts, and all bailiffs and faithful people,
greeting. Forasmuch as divine mercy has called us to the government of the
kingdom of England, which belongs to us of hereditary right, and, under the
unanimous assent and favour of the clergy and people, has most mercifully
exalted us to be king ; we desire with great desire, as indeed we ought, to
provide fully for the liberty and freedom of the clergy and people ; and for the
honour of God and the holy church, and the peace and tranquillity of the clergy
and people, to entirely abolish bad and wicked customs which have arisen either
from covetousness, bad counsel, or evil disposition of the mind.
" And forasmuch as the Seal of Richard, our illustrious brother, formerly
King of England, of good memory, in his days had fallen into that state, that
for certain acts pertaining to the Seal some things were received out of the usual
ancient course, more from inclination than reason, to the prejudice of the regal
dignity and the liberty of the kingdom ; to wit, for letters patent of protection
eighteen shillings and fourpence were given, for which only two shillings ought
to have been given, and for simple conflrmations in which nothing new is
inserted, twelve marks and five shillings were given, for which only eighteen
shillings and fourpence ought to hav« been given ; we, for the health of the
souls of ourself, of Henry, formerly king of England, our father, of happy
memory, and of the said King Richard, our brother, and all our ancestors and
successors, will and grant, and at the instance of the venerable father Hubert,
Archbishop of Canterbury, our Chancellor, do ordain that in future times
nothing shall be received by the Seal of us or our successors, for acts, beyond
what was anciently ordained to be received for the Seal of the Kings of England,
and which was received for the Seal of Henry, our father, formerly King of
England, of good memory, to wit, for a charter of new infeoffinent of lands,
tenements, or liberties, shall be taken one mark of gold or ten marks of silver far
ihe use of the ChanceUor, and one mark of silver for the use of the Vice-chan
cellor, and one mark of silver for the use of the prothonotary, five shillings for
wax. Por a simple confirmation, in which nothing new is added, shall be given
one mark of silver for the use of the ChanceUor, one besant for the use of the Vice-
chancellor, and one besant for the use of the prothonotary, and twelve pence for
wax. For a simple protection two shillings shall be given.
" If any one shall presume to act contrary to this our ordinance, he shall
incur the anger of Almighty God, and of us, and every curse by which an
anointed and consecrated king can curse. Moreover, the aforesaid Archbishop
of Canterbury, our Chancellor, and all bishops who at our consecration laid
hands on us, have with our consent promulgated sentence of general excommu
nication against all who shall presume to act contrary to this our ordinance.
To this our ordinance which we have made concerning our Seal, we have put
that Seal in witness and perpetual confirmation. Wituess, &c.
" Given under the hand of Hubert, Archbishop of Canterbury, our Chan
cellor, at Northampton, on the 7th day of June, in the first year of our reigd."
— Feed. 75. Beyond these fees, it appears in an ancient memorial concerning
the constitution of the king's house, registered in the Red Book of the Exche
quer by Alexander de Swereford, that the Chancellor at this time had five
-shillings a day, besides an allowance of Simnel's bread, salt, wine, candles, &c.
Lib. Rab. fol. xxx. col. 2. The Chancellor had also in the next reign "ad
sustentationem suam et clericorum Cancellaria Regis D. marcarum per an
num."

WALTER HUBERT, CHANCELLOR. 121
Hubert retained the office of Chancellor tUl his death, In chap.
1205, but does not seem to have attended much to Its "^^•
duties, as he constantly had the assistance of VIce-chan- 
cellors; first of Simon FItz-Robert, Archdeacon of Wells, Lor*"*'
and John de Gray, Archdeacon of Cleveland, jointly ; then '^''^"''^•l'"'-
of John de Brancestre, Archdeacon of Worcester ; next of
Hugh Wallys, Bishop of Lincoln ; and, lastiy, of Josaline de
Wells, a layman.
This is the most disgraceful period in the annals of Eng- 27th May,
land. Arthur, the right heir to the throne, was murdered "''''•
by the King, and the English were expelled from Normandy,
and almost the whole of the possessions in France which had
been united to the Crown since the accession of the house of
Anjou. John, upon his return after these disasters, attempted to
throw the blame of them upon the ChanceUor and his other
ministers in England, whom he accused of remissness in not
sending him proper supplies ; and, under pretence of a new
expedition to recover his Continental dominions, he, in the
most arbitrary manner, extorted taxes from his subjects,
which he wasted In wanton prodigality.
On the death of Hubert, the Archbishop, the office of Oct. 3.
ChanceUor came into the King's hands *, and then the ^^°^'
Great Seal remained some time in the custody of John de
Brancestre, who had before acted as Vice-chancellor,
while the King considered how he should dispose of It. To
raise money for his necessities, he at last put it up for sale.
The purchaser was one Walter de Gray, who paid down Great Seal
5000 merks (eqiial to 61,245/. of present money) for It Wameb de
during the term of his natural life, and the grant was made Gray.
out to him In due form. Under this he actually held the
Chancellorship, without Interruption or dispute,.for six years.
He began by doing the duties of the office himself f, but he
afterwards had for Keepers of the Seal, or Vice-chancellors,
* Hie devenit Cancellaria in manum Domini Regis post mortem H. Canta-
rueiisis Archiepiscopi. — Chart. 7 John, m. 8.
t Hie recepit Dominus W. de Gray Cancellariam. And of the first charter
next following it is said, " Data per manum Walteri de Gray, iij die Octobris,
anno vii." — Chart. 7. J. n. 51,

122 REIGN OP KING JOHN.
CHAP. Hugh WaUys, and Richard de Marisco, Archdeacon of Rlch-
^^' mond, who afterwards was himself Chancellor.
jjis eon- Walter de Gray, having become, by purchase, " Keeper of
duct. the King's Conscience," appears to have been much in his
confidence, and to have abetted him in those fatal measures
which brought the crown of England under feudal subjection
to the see of Rome. But Hugh Wallys, the Vice-chancellor,
who had expressed great zeal on the King's side, went over
to the opposite faction on receiving a favour which was
Intended as a reward for his fidelity.
vice-chan- The grand dispute had arisen respecting the appointment to
lys.*"^ ^ ' the tee of Canterbury, the Pope having consecrated Langton
archbishop, without the King's authority or privity. Langton
was not allowed to take possession of his archiepiscopal throne,
and was obliged to reside abroad. In the mean time the see
of Lincoln became vacant, and Wallys was elected to It, by
the King's recommendation, on the condition that he should
not recognise Langton as archbishop. The Bishop elect de
sired leave to go abroad in order to receive consecration from
the Archbishop of Rouen ; but he no sooner reached France
than he hastened to Pontigny, where Langton then resided,
and paid homage to him as his primate.* It has happened In
all ages of the church that ecclesiastics, on reaching the dig
nity of the mitre, have preferred the interest of their order to
the ties of gratitude or the reputation of consistency, and
have speedily forgotten the express or impUed undertaking
which was the condition of their elevation. The pliant
Archdeacon, become Bishop of Lincoln, showed himself a
rigid supporter of papal supremacy, and received consecration
from Langton, whom John still disowned. By way of
punishment for his contumacy, he was for five years deprived
of the temporalities of his bishopric. He afterwards took
an active part In obtaining Magna Charta, acting, it Is to be
feared, rather from revenge than from patriotism.
A. D. i.'Bi.". Walter de Gray was still Chancellor when the most igno
minious charter passed to which the Great Seal of England
* Hume calls this person " Hugh Wells," and describes him as " Chan
cellor," but Wallys was his true name, and he never held the Great Seal as
Chancellor. Vol. ii. 60.

WALTER DE GRAY, CHANCELLOR. 123
has ever been appended. Pandulph, the Pope's legate, not chap.
being satisfied with John's promise that he would acknow

ledge Langton for primate, — that he would restore aU the Surrender
exUed clergy and laity who had been banished on account of "^ England
the contest, — that he would make them full restitution of Pope.
their goods and compensation for all damages, — and that every
one outlawed or Imprisoned for his adherence to the Pope
should immediately be received into favour, — required John
to resign his kingdom to the Church, — to put himself under
the immediate protection of the Apostolic See, — to acknow
ledge the Pope as his liege lord, and to authenticate the act
by an instrument under the Great Seal, which should be
confirmed by the national council. Accordingly, with the
King's concurrence, a charter was framed in his name. In
which he declared that, " not constrained by fear, but of his
own free will, and by the common consent and advice of his
barons, he had, for the remission of his own sins and those
of his family, resigned England and Ireland to God, to St.
Peter and St, Paul, and to Pope Innocent and his successors
in the apostolic chair ; he agreed to hold these states, as feu
datory of the church of Rome, by the annual payment of
1000 marks — 700 for England, 300 for Ireland; and he
stipulated, that if he or his successors should ever presume to
revoke or Infringe this charter, they should Instantly, except
upon admonition they repented of their offence, forfeit all
right to their dominions."
To the honour of the memory of Walter de Gray and his
deputies, and to the credit of the nation, there Is reason to
believe that the King could not find a subject in his domi
nions sufficiently base to put the Great Seal to this charter,
although, owing to the presence of a French army, and the
deplorable condition to which public affairs had been reduced,
it could not be successfully resisted. From an entry in the
Patent RoU It appears that about this time the Great Seal
was In the King's own keeping, and we may reasonably sup
pose that he affixed it to the charter with his own hand.*
* English historians, when they would infer the feudal dependence of Scot
land on England from the homage done by William while a prisoner of war to

124

REIGN OP KING JOHN.

CHAP. VL
De Gray,
Bishop of
Worcester
and Arch
bishop of
York.

His igno
rance.

His death
and cha
racter.

A.D. 1212.
RlCHAItD
DE Ma-
KISCO, Chancellor.

Lord ChanceUor de Gray now bartered his office for prefer
ment in the Church. He was first elected Bishop of Lichfield
and Coventry, but some obstacle arising about his consecration,
he never was in possession of this see. In 1214, however,
he became Bishop of Worcester, He finally reached the dig
nity of Archbishop of York, — not without difficulty, for the
Chapter long refused to elect him on the ground that he was
" minus sufficiens in literatura," notwithstanding that he had
studied at the University of Oxford, and for some years
filled the office of Lord Chancellor. His election being at
last carried, he could not for some time obtain consecration
from the Pope, who again urged the objection of " crassa
ignorantia." This was hardly denied; but the topic relied
upon In answer was his virgin chastity amidst the general
profligacy of churchmen. Still the scruples of His Holiness
could not be overcome without an exacted present of 10,000Z.
sterling. This Is said to have compelled the Archbishop to
lead, for some time, a very mean and penurious life, and
unjustly to incur the censure of covetousness ; but having
reached extreme old age, and been Archbishop forty years,
he not only contributed much to the ornamenting of the
cathedral, but he annexed the manor of Thorpe, in York
shire, to the archiepiscopal see, and bought York Place, in
Westminister, of the Dominicans, which remained the town
residence of his successors till It was made over, by Cardinal
Wolsey, to Henry VIIL
The next Chancellor after Walter de Gray, was RiCHARD
DE Marisco*, Dean of Salisbury, Archdeacon of North
umberland, and afterwards Bishop of Durham, who twice held
the office. His first Chancellorship ceased in about a year,
when the King going into Poltou, Peter de Rupibus, Bishop

Henry 1 1., notwithstanding the release of Richard I. of any such claim, utterly
forget that, according to their reasoning, there is much more ground for contend
ing that England is now subject to the Pope of Rome as superior ; for this
superiority was solemnly yielded by the king and the legislature ; not only King
John, but King Henry III. did homage to the pope as liege lord ; the stipulated
triljute or render as the badge of dependence was paid for ages, even by such a
prince as Edward I., —and there has never at any time been a renunciation of
the claim by the court of Rome.
* Rot. Cart. 1 6 John, m. 7.

OFFICE OP CHANCELLOR IN ABEYANCE. 125
of Winchester, was appointed Chief Justiciary and Regent, chap.
and the Great Seal was delivered to be held under him to 
Ralph de Neville.* ^ _ 29th Dec.
The King soon returned to England, and continuing his 121s.
tyrannical and oppressive measures, the insurrection of the
Barons took place, which ended in their obtaining Magna J""« 19-
Charta. No one witnesses it as Chancellor, and it does not Magna
clearly appear in whose keeping the Great Seal then was, Charta.
there being no farther entry in the records on the subject
during the rest of this reign ; but there is great reason to
believe that it remained In the hands of Ralph de Neville, — ¦
the Nevilles, already a powerful family, taking part with the
king, and Hugh de NeviUe being mentioned among the
barons who appeared on his side at Runnymede.-j"
Whoever might then be Chancellor or Keeper of the Great
Seal, he had nothing to do with the framing of Magna
Charta. There was no negotiation as to terms. Archbishop
Langton and the insurgent barons dictated whatever clauses
they deemed desirable ; and it is considered a great proof of
their moderation and wisdom, that they merely guarded
against abuses, and Introduced useful reforms, without touch
ing on the essential prerogatives of the Crown. The Bishop
of Winchester and the Bishop of Worcester, who had been
the King's Chief Justiciary and Chancellor, certainly were
with him at Runnymede, and one of them might have acted
as Chancellor on this occasion. At all events, the Great
Seal was In due form affixed either by the King personally,
or by some one under his authority, not only to the original,
but to various copies of the Great Charter, as well as of the
Charta de Foresta (hardly of less consequence to the com
munity), and these were sent to archbishops, bishops, and
priors, to be safely kept in perpetuam rei memoriam. 1
From this time tiU his death, John could scarcely have
* Nono die Octobris anno regni Domini Regis quinto decimo liberavit
Magister Ricardus de Marisco, Archidiaconus Richemundias et Northumbriae
Domino Regi sigillum apud Ospreng. Vicesimo secundo die Decembris
liberatum fuit sigillum apud Windlesor Radulpho de Nevill sub Domino Win-
toniensi Episcopo deferendum. — Pat. 15 J m. 8. n. 28. m. 6. n. 18.
t This was after the famous fine paid by his wife to the king, of 200 hens,
that she might be allowed to sleep with Ralph one night.— iWadd. Exch. 326.
\ 4 Inst, Proeme. Some of them are still extant.

126

REIGN OF KING JOHN.

1216.

CHAP, had any counsellors near him, and he seems merely to have
acted according to the impulses of his own capricious mind ;
Death of ^^^ regular government must have been at an end, and the
King John, administration of justice entirely s.uspended. We may, there
fore, consider the office of Chancellor as In abeyance tlU the
autumn of the following year, when John, after a long agony
of body and spirit, closed his wicked and disgraceful career.
The ChanceUors during this reign did nothing to be entitled
to the gratitude of posterity, and were not unworthy of the
master whom they served. The guardians of law were the
feudal barons, assisted by some enlightened churchmen, and
by their efforts the doctrine of resistance to lawless tyranny
was fully established In England, and the rights of all classes
of the people were defined and consolidated.
We here reach a remarkable sera in our constitutional
history. National councils had met from the most remote
times ; but to the end of this reign their acts not being pre
served are supposed to form a part of the lex non scripta, or
common law. Now begins the distinction between common
and statute law, and henceforth we can distinctly trace the
changes which our juridical system has undergone. These
changes were generally introduced by the Chancellor for the
time being; and I shall hereafter consider It my duty to
notice them In each successive reign.

iieginning
of statute
law.

RICHARD DE MARISCO, CHANCELLOR. 127

CHAPTER vn.
CHANCELLORS DURING THE REIGN OP HENRY UI. TILL THE AP
POINTMENT OF QUEEN ELEANOR AS LADY KEEPER OP THE
GREAT SEAL.
Henry III. on his accession, being still a child, the valiant chap.
Earl of Pembroke, who had held the office of Mareschal at '
the conclusion of the late reign, was elected Protector with ^^^^ g
royal authority, and he appointed Richard de Marisco Marisco.
Chancellor.* The conduct of these two men was wise and
conciliatory. They immediately summoned a parliament, in 5°"''T!?"
which the Great Charter, with a few alterations, was con- Great
firmed in the name of the Infant sovereign. Charter.
In the third year of his reign, an act was passed that no
charter or letters patent of confirmation, alienation, sale or
grant of any thing in perpetuity, should be sealed with the
King's Great Seal until his full age ; and that if any such
were sealed with that seal they should be void. In the ninth
year of his reign the Great Charter was again confirmed, as
It now appears at the head of the statute law of England.
De Marisco had for his Vice-chancellor Ralph de Neville, Ralph de
an ambitious and unprincipled man, who was constantly In- vic"-cban-
triguing against him, and finally supplanted him. cellor.
In the year 1226 a national council was held at Oxford,
at which, contrary to the advice of the ChanceUor, and by the
instigation of Hubert de Burgh and De NevUle, the King,
after declaring himself resolved to take the management of
pubUc affairs Into his own hands, cancelled and annulled the
Great Charter, and the Charter of the Forest, which he had
previously confirmed and directed to be observed throughout
the kingdom, — now aUeging that they were invalid, having
been granted during his minority, when there was no power
» Pat. Rol. 3 H. 3. m. 14. Spel. Gloss. 100. Or. Jur. 8.

128

REIGN OF HENRY III.

CHAP. VII.

Miscon-
conduct of
Vice-chan
cellor De
Neville.

Letter of
remon
strance from the
Chancellor
to the Vice-
chancellor.

in his own person or his seal to infringe the prerogatives of
the Crown.
This was foUowed up by another arbitrary act, with a view
to fill the treasury, for which a precedent in Richard's reign
was cited. All persons enjoying liberties and privileges were
required to take a fresh grant under the Great Seal, the King
being now of age, and they were compelled to pay for these
renewals according to the extortionate discretion of the Jus
ticiary and the Vice-chancellor, who were the authors of the
measure. The Insolence of Vice-chancellor Neville, backed by
Hubert de Burgh, who was now rising rapidly to the uncon
troUed power he afterwards possessed, grew to such a pitch,
that he entirely superseded De Marisco in all his functions,
and In writing to him styled him merely " Bishop of Durham,"
without deigning to give him his title of " Chancellor."
This conduct drew forth the foUowing reprimand : —
" Richard, by the grace of God Bishop of Durham, Chan
cellor of our Lord the King, to his beloved Ralph de Neville,
Dean of Lichfield, greeting. It is marvellous in our eyes,
and it must be a subject of general astonishment, that in your
letters you have omitted to address us by the title of " Chan
cellor," since you must be well aware that we were solemnly
appointed to that office, and that by God's grace we are still
resolved to enjoy Itg powers and pre-eminence, the attempts
of our enemies recoiling upon themselves, and in no respect
shaking our constancy. However much they may strive to
partition me, I am resolved to remain entire.
" Know, that In letters with which I have been lately
favoured from our lord the Pope and several of his cardinals,
they have all saluted me by the title which you suppress, and
you are bound to follow, or rather to worship their footsteps.
" Be advised then by me for the future to act a discreeter
part, and having a proper respect for others when you write
to them, give them the appellations of honour to wliich they
are entitled. Reverence for the law requires that every one
should be called by the name of his dignity. Accius the

DE NEVILLE, CHANCELLOR. 129
poet, being addressed at supper by his own proper name, chap.
brought his action of damages.* '^^¦'•
" We might consider this suppression of our title by you ~
as a premeditated injury, and act accordingly; but we are
contented with this remonstrance for the present. In the hope
of your amendment. Farewell." f
If any such hope was really entertained it was disappointed.
De Neville not only did all the duties of Chancellor, but took
every opportunity of Insulting his superior, and refused to
give him any account of fees received. De Marisco, finding
that he could obtain no redress, sent in the long-wished re
signation, and retired to his diocese, where he soon after
died.t The title of Chancellor was conferred on De Neville, who a. „. 1227.
De Ne-
had for some time enjoyed the powers and the profits of the ^ille,
office. § Chancellor.
* See " Rhetoricorum ad Herennium,"lib. i. 14.,where the case being put that
" the fact is admitted and the law is disputed," Cicero, or whoever the author
maybe, gives this illustration: " Mimus quidam nominatim Accium poetam com-
pellavit in scena : cum eo Accius injuriam agit : hie nihil aliud defendit, nisi
licere nominari eum, cujus nomine scripta dentiw agenda." The ChanceUor has
changed " scena " into " coenaculo." — The familiarity of the Mediaeval writers,
from Bede downwards, with the Latin classics is often very striking.
t " Ricardus Dei gratia Dunelmensis Episcopus Domini Regis Cancellarlus
dilecto suo Radulpho de Neville Decano Lichefeldensi Salutem. Mirabile fuit
in oculis nostris et satis admirari dignum vos nomen Cancellarii in Uteris vestris
nobis destinatis suppressisse; cum experientiam vestram non lateat nee consci-
entiam vestram latere debeat, nos dict« dignitatis ofScio fuisse et esse sollemp-
niter assignatos, ejusdem prasrogativa; preeminentia gratia Dei ulterius gavisuros,
oblatrantium morsibus in se ipsos redeuntibus, et nostri constantiam in nullo
contaminantibus. Quia quid me dimidiant integer esse volo. Dominus autem
Papa, et Cardinales sui quamplures, nos pridie literarum suarnm beneficiis
memorata? dignitatis appellatione minus suppressa gratia sui visitarunt, et vos
eorum non solum sequi .sed potius adorare vestigia tenemini. Et de consilio
nostro de cajtero non intercepto discretiori judicio teneamini, reverencia locum
suum decenter etiam sortita inter csetera attributa persona de jure, et ratione
convenieutia nequaquam in Uteris vestiis exterminata. Legis enim reverencia
est quemvis nomine dignitatis nuncupare, et Accium Poetam in coenaculo
proprio nomine compellatum injuriarum egisse. Et nos sepedictas suppressionis
occasione licet condigna et consimili ratione injuriarum agere possimus in pra;-
sentiam dignum duximus sub expectatione melioris subticere. Valete." — Ex
Orig. in Turr. Lond.
j: He was interred in his own cathedral, where a monument was erected to
his memory with the following curious epitaph : —

Culminis qui cupi
Et sedata si
Qui populos regi
Quod mors immi
Vobis praeposi
Quod sum vos eri
Rot. Cart. 11 Hen. 3.
VOL. I. K

"laudes pompasque sui
si me pensare veli
memore super omnia si
non parcit honore poti
similis fueram bene sci
ad me currendo veni

130

REIGN OP HENRY III.

CHAP. VIL

A.D. 1231.
Grant to
him of
oflice of
Chancellor
lor life.

A.D. 1233.
He is like
wise made
Chancellor
of Ireland.

This ambitious man was now also Bishop of Chichester,
and was bent upon engrossing the highest civil and ecclesias
tical dignities. That he might be secure In the office of
Chancellor against such acts as he himself had practised, he
obtained a charter from the King, dated the 12th of February,
in the 11th year of the reign, "granting and confirming to
him the King's Chancery, to hold during his whole life, with
all the issues, Uberties, and other things thereto belonging, as
freely, quietly, entirely and honourably as the ChanceUors
of former Kings, his predecessors, held the same."
Four years after he received a renewal and confirmation of
this grant, " with power that he might bear and keep the
Seal, either by himself in person as long as he pleased, or by
some other discreet, sufficient, and fit assignee; which assignee
should be sworn to the King for his faithful service for the
true and faithful keeping of the said Seal, In the room of the
said Ralph, before receiving it Into his custody ; and if such
assignee died, or became professed in reUgion, or should be
put out for any reasonable cause, either by the King or the
ChanceUor, or if the assignee refused to keep the Seal any
longer, then the Chancellor, In the room of such assignee, was
to substitute somp other discreet, sufficient, and fit person, who
should be sworn to the King for his faithful service, in like
manner as the first assignee was before he received the Seal
into his keeping." * For some reason, which we do not under
stand, this grant was twice renewed, nearly in the same
words. According to Matthew Paris, these grants were con
firmed in Parliament, so that the ChanceUor was not to be
deposed from the custody of the Seal unless it were so ordained
by the consent and advice of the whole realm, f
De NevlUe's cupidity was not yet satisfied, and in the
eighteenth year of the reign, the King " granted and con
firmed for himself and his heirs to Ralph Bishop of Chichester,
then his Chancellor of England, the Chancellorship of Ireland,
to hold during the life of the ChanceUor, with all the appur-

* This is an exact translation of the clause giving a power to appoint a
deputy, which shows that the multiplication of words in legal instruments is
not a very modern invention.
•|- Itaque scilicet ut non deponeretur ab ejus sigilli custodia nisi totius regni
ordinante consensu et concilio.

PE NEVILLE, CHANCELLOR. 131
tenances, Uberties, and free customs to the said Chancellor- chap.
ship of Ireland belonging. And the King sent a writ patent, ^^^'
dated at Gloucester the 21st May, in the eighteenth year of
his reign, to Maurice Fitzgerald, his Justiciar of Ireland,
reciting the said grant of the Chancellorship of Ireland, and
ordering " that G. de TurvIUe, Archdeacon of DubUn, should
be admitted Vice-chancellor, the Chancellor having deputed
him thereto." * This, I believe, Is the only instance of the
office of ChanceUor of England and Chancellor of Ireland
being held at the same time by the same individual.
Neville for a while enjoyed the additional dignity of a. r. isso.
Guardian of the realm. The King, going into Gascony with ^""^ '^"'"[;'
Hubert de Burgh, and taking the Great Seal with him, realm.
appointed the Chancellor and Stephen de Segrave to govern
the kingdom during his absence, directing all writs and
grants to be sealed with another seal, which he gave into the
Chancellor's keeping, f
This insatiable lover of preferment still longed for higher Disap-
eccleslastlcal dignity, and had nearly reached the summit of P°^"*':<1 °*
his ambition, for, upon a vacancy in the see of Canterbury, he macy.
was elected Archbishop; but the Pope thought him too much
attached to the Crown by his civil offices, and assumed to him
self the power of annulling the election. In the hope of better
success by bribery another time, the Chancellor went on
amassing immense wealth by the plunder of England and
Ireland. Hubert de Burgh was no check on his rapacity, for the Chief
Justiciary had obtained a similar grant for life of his own office,
although it had hitherto been always heldduring pleasure. His
grant likewise was confirmed in parliament ; and, to support
these corrupt jobs, the plausible maxim was relied upon, that
judges ought to be Independent of the Crown.
But little respect was paid to charters or acts of parliament Triumph of
making judges for life when the opposite faction prevailed, j^^'^Jj^^g
and Peter de Rupibus or des Roches, Bishop of Winchester,
at the head of it, succeeded to absolute power in the name of
the feeble Henry.
As soon as this revolution was accomplished, an attempt *•"• '235.
• Rot. Cart. 17 Hen. 3. m. 8. t Pa'- 14 Hen. 3. m. 3. .
K 2

132 REIGN OP HENRY III.
CHAP, was made to remove de NevUle from his office, and the Great
^^^' Seal was demanded from him In the King's name ; but he
refused to deliver It up, alleging, that as he had received It
from the common council of the realm, he could not resign
it without their authority.*
Some time after this the ChanceUor was elected by the
monks of Winchester bishop of that see, in preference to the
King's half-brother, who was a candidate for it on the court
interest. Hereupon, the King's Indignation being beyond
control, he bitterly reproached both the ChanceUor and the
De Neville monks ; he banished the Chancellor from court, ,and forcibly
^ Great taking posscsslou of the Great Seal, delivered It Into the
Seal. custody of Geoffrey, a Templar, and John de Lexing-
TON.f De NevlUe, residing in his diocese, retained the title
of ChanceUor, and the emoluments of the office.
He was then summoned to return to court and to perform
his official duties ; but he refused, as his enemies had a com
plete ascendency there, and he felt that, although he might as
a priest be safe from personal violence, he must be exposed to
perpetual mortification and Insult. For this contumacy he
was superseded.
"Simon THE He was "¦ Succeeded, If not by a very learned or able, by a
ChaMeUor. '^^^7 honest man, " Simon the Norman," who is cele
brated among the few who have lost the office of Chancellor
by refusing to comply with the royal will, and to do an
unconstitutional act. He was a great favourite at court, and
seemed likely to have a long official career, but Is said to
have incurred the King's displeasure (more probably 'Queen
Eleanor's) because he would not put the Great Seal to a
grant of fourpence on every sack of wool to the Earl of
Dismissed pianders, the Queen's uncle. He was too good for the
tor honesty. - ^ o
* M. Par. 294. 319.
¦f " Cum autem videret Rex, iterum instantiam precum suarum effectu
caruisse, justse postulationi monachorum adversando, multa convitia congessit in
eundem Episcopum ; dicens eum impetuosum, iracundum, perversum ; vocans
omnes fatuos, qui eum in Episcopum postularunt. Insuper sigillum suum
quod idem Episcopus universitatem regni receperat custodiendum Rex violenter
abstulit et fratri Galfrido Templarlo, et Johanni de Lexirsbuna commisit baju-
landum ; emolumentis tainen ad Cancellariam spectantibus Episcopo quasi
Cancellario redditis et assignatis." — M. Paris, 320.

DE NEVILLE, CHANCELLOR. 133
times in which he lived, and we hear no more of him, except CHAP.
that he was " expelled from court." *
The Great Seal was then sent Into the temporary keeping ^ „ 1242.
of Richard Abbott of Evesham: but before a new Chan
cellor was appointed a sudden counter-revolution took place
at court. Hubert de Burgh, who, on his disgrace, had been
obliged to take sanctuary In a church, and, being dragged
thence by the king's orders, had been confined in the castle
of Devizes, ^ — contrived to make his escape, — immediately
found himself at the head of a great confederation, — put all
his enemies to flight, and was once more lord of the as
cendant, — although he declined to resume his own office,
thinking that he could irregularly enjoy more power without
it. By his Influence, the Great Seal was restored to De Neville, De Neville
who continued in the undisturbed possession of ther office of [he'office*of
Chancellor till his death. Notwithstanding Increasing In- Chancellor.
firmlties, he was afraid to employ a Vice-chancellor, lest he
should be the victim of the same policy which he had prac
tised against his predecessor De Marisco. He expired In His death.
November, 1244.
Notwithstanding the unscrupulous means he employed to His charac-
advance himself, and the rapacity of which he was guUty, he
Is said to have made a good judge. Matthew Paris, in re
lating the manner In which the Great Seal was forcibly taken
from him, speaks of him as one " who long irreproachably
discharged the duties of his office f," and afterwards warmly
praises him for his speedy and impartial administration of
justice to all ranks, and more especially to the poor. %
Under the presidency of De Neville, in the twentieth year Statute of
of the King's reign, was held the famous parliament at Mer- *'^'°""
ton Abbey, In Surrey, where he was overruled upon a pro
posal brought forward, " that chUdren born out of wedlock
should be rendered legitimate by the subsequent marriage of
their parents." All the prelates present were in support of
the measure ; but all the earls and barons with one voice an-
* Spel. Gloss. 100. M. Par. 320.
t " Qui irreprehensibiliter officium diu ante administraverat." — M. Par. 328.
t " Ranulphus de Neville qui erat Regis fidelissimus Cancellarlus et incon-
cussa columna veritatis, singulis sua jura, precipue pauperibus, singulis juste
reddens et indilate." — M. Par. p. 312.

134 REIGN OF HENRY HI.
CHAP, swered, " We wUl not change the laws of England hitherto
used and approved." *

Attempt Shortly before De Neville's death, a national assembly had
by parlia- i^gen Summoned to meet at Westminster for the purpose of
acquire obtaining a pecuniary aid. But the bishops and the barons
right of ap- j.qq]j ^j^^g ^q consider, and the result of their deliberations
pointing . „ . 1 . , .n
Chancellor, was to givc to the King a statement ot grievances, which if
he would redress, the aid required should be granted to him.
The chief grievance was, that by the King's interference
with the Great Seal the course of justice had been inter
rupted, and they therefore desired that both the Chancellor
and Justices should be elected "per solemnem et universalem
omnium convocationem et liberum assensum," and that. If upon
any occasion the King should take his Seal away from the
Chancellor, whatever might be sealed with It should be con
sidered void and of none effect till it should be re-delivered
to the Chancellor.
The King negatived the petition, and would go no further
than to promise that he would amend any thing he inight find
amiss. This refusal raised such a storm, that, to quiet it, he was
obliged to grant a charter, by which he agreed that the Chan
ceUor should be elected by the common consent of the great
council. But this was soon disregarded ; for popular election
was found quite as bad as appointment by court favour or
corruption, and the complaints against the venality and ex
tortion of the Chancery Were louder than before, f
A rapid succession of Chancellors followed during the
remainder of this reign, few of them much distinguished for
learning or ability; and the personal contests In which

* We have not a list of the lords spiritual and temporal at this parliament, to
ascertain their comparative numbers ; but we have such a list of those sum
moned to and present at various subsequent parliaments, sliowing that the
spiritual peers sometimes considerably outnumbered the temporal; and the
difficulty arises, why, upon matters respecting the church and churchmen, on
which they always acted together, the prelates did not succeed in carrying
whatever measures they wished. But I suspect that although the two bodies
sat in the same chamber, they were long considered as separate orders, the
consent of each being necessary to the making of laws, so that although the
bishops and mitred abbots might be more numerous, they could not carry a law
against the will of the earls and barons.
t M. Par. 564. Mad. Ex. 43.

RANULPH BRITON, CHANCELLOR. 135
they were engaged were of no permanent interest. We chap.
shall therefore do little more than enumerate their names. ^ '
" History," says Hume, " being a collection of facts which
are multiplying without end, is obliged to adopt arts of
abridgement, — to retain the more material events, and to
drop all the minute circumstances which are only interest
ing during the time, or to the persons engaged In the
transactions. This truth Is no where more evident than
with regard to the reign of Henry III. What mortal could
have patience to write or read a long detail of such frivolous
events as those with which it is filled, or attend to a tedious
narrative which would follow, through a series of fifty-six
years, tBb caprices and weaknesses of so mean a prince?"
We must be consoled by the reflection that we are now '
approaching the period when our representative constitution
was formed, and the administration of justice was estabhshed
on the basis upon which they remained through nearly six
centuries to our own time.
The next ChanceUor was Ranulph Briton, Bishop of ranulph
Bath and Wells, of whom we know little, except that almost chancellor
Immediately after he received the Great Seal, he Is said to
have died of apoplexy, — without any insinuation that his days
were shortened by remorse at having deserted his party In
agreeing to accept It. He is represented Ukewise as having
been ChanceUor to the Queen, an office I do not find men
tioned elsewhere, the Queen Consort being considered suffi
ciently protected by being privileged as a feme sole, and
having a right to sue by her attorney-general.*
He was succeeded by Silvester de EvERDONf, who *,d. 1244.
had been the King's chaplain and Vice-chancellor, and who
very soon retired from state affairs against the wishes of the
King, being elected Bishop of Carlisle, and choosing to devote
himself to the superintendence of this remote see.
Next came John Maunsel J, who held the office of Lord

* " Ranulfus Brito Regi et Reginaj Cancellarlus lethali apoplexia corruit."
M. Paris, p. 719. n. 40. Spelman doubts whether he was more than Keeper
of the Great Seal under De Neville. Gloss. 110.
t Rot. Pat. 29 Hen. 3. m. 20. t '^°^- !"**¦ ^1 Hen. 3. m. 2.
K 4

136

REIGN OF HENRY III.

CHAP. VII.
A. D. 1246.
John Maunsel, Chancellor.

Origin of
the dis
pensingpower in
England.

This Chan
cellor the
greatest
pluralist on
record.

John de
Lexing
ton, Chan
cellor. A.D. 1249,

Chancellor for nearly two years. He had gained some dis-.
tinction as an ecclesiastical judge while Chancellor to the
Bishop of London. While he held the Great Seal, he was
promoted to be provost of Beverley ; but he does not seem
to have obtained any farther preferment. This could not
have arisen from the want of courtly compliance; for it was
In his time that the dispensing power was first practised by
a King of England since the Conquest, and he Introduced
the non obstante clause Into grants and patents. The Chan
ceUor might have urged by way of extenuation, that till this
reign the prerogative could hardly be said to be under the
restraint of law. The novelty being objected to, the defence
actually made was, "that the Pope exercised a dtipensing
power, and why might not the King Imitate his example ? " —
which made Thurkesley, one of the King's justices, exclaim,
*'Alas, what times are we fallen into? Behol/i, the civil
Court is corrupted in Imitation of the ecclesiastical, and the
river is poisoned from that fountain." These irregularities
becoming more grievous, they were made the subject of
solemn remonstrance to the King -by the great men assembled
in Parliament, who, complaining of the conduct of the Chan
cellor, desired " that such a Chancellor might be chosen as
should fix the state of the kingdom on its old basis." The
King promised "that he would amend what he had heard
was amiss," but did not farther attend to the remonstrance.
If Maunsel did not reach the mitre, he was a considerable
pluralist, as he Is computed to have held at once 700 eccle
siastical livings, having, I presume, presented himself to all
that fell vacant and were in the gift of the Crown while he
was Chancellor. Matthew Paris observes of him, that " it
may be doubted whether he was either a wise or a good man
who could burthen his conscience with the care of so many
souls." *
John de Lexington, who had been intrusted with the
custody of the Great Seal during his absence on an em
bassy, succeeded him as Chancellor f, and continued In the

* M. Paris, 856.

t Rot. Claus, 33 Hen. 3. m. 2.

JOHN DE LEXINGTON, CHAJICELLOR. 137
office four years, having for his keepers of the Seal Peter de chap.
RivaUis and WiUiam de KUkenny, Archdeacon of Co- ^¦'^¦
ventry. Great disputes now arose respecting the King's partiality Complaint
to foreigners, and the national discontents were loud and '" ^TIu\
*^ ment that
deep. Yet the Chancellor at first was not blamed as author Chancellor '
of the bad measures of the government ; and, on the contrary, "onsurted.
regret was expressed that he was not more consulted. In an
answer by the Parliament to a demand of the King for sup
plies, they complained, among many other grievances, " that
he had neither ChanceUor, Chief Justiciary, nor Treasurer in
his council, as he ought to have, and as his most noble pre
decessors had before him." — " The King, when he heard all
this, was much confounded within himself, and ashamed," says
M. Paris', "because he knew it all to be very true."
The Parliament obtaining no redress, afterwards petitioned Petition to
for the removal of the present Chancellor, Chief Justiciary, [,;™°^''
and Treasurer, and the appointment of others deserving to
be employed and trusted.
This roused the indignation of the King, who said, " The King's
servant Is not above his lord, nor the disciple above his ™^"''^''-
master ; and what is your King more than your servant, if
he is to obey your commands ? Therefore my resolution is
neither to remove the Chancellor, Justiciary, nor the Trea
surer at your pleasure, nor will I appoint any other." The
Barons unanimously replied, that their petition being refused,
they would no longer impoverish themselves to enrich fo
reigners, and the Parliament being dissolved without any
supply, the King was obliged to raise money by the sale of
his plate and jewels.*
Lexington continued Chancellor till he was succeeded by
a Lady Keeper. » 1 Pari. Hist. 23. 25.

138

RfilGlS- OF HENRY IIL

CHAPTER VIIL

LIFE OP QUEEN ELEANOR, LADY KEEPER OP THE GREAT SEAL.

CHAP.. VIII.

A. n. 1253.
QueenEleanor,LadyKeeper.

Her pa
rentage. Wit and
beauty.

In the summer of the year 1253 King Henry, being about
to lead an expedition into Gascony to quell an insurrection
in that province, appointed Queen Eleanor Lady Keeper
of the Great Seal during his absence, with this declaration —
" that if any thing which might turn to the detriment of the
Crown or realm was sealed In the King's name whilst he
continued out of the realm with any other seal. It should be
utterly void." The Queen was to act with the advice of
Richard Earl of Cornwall, the King's brother, and others of
his council.*
She accordingly held the office nearly a whole year, per
forming all its duties, as well judicial as ministerial. I am
thus bound to Include her in the list of " Chancellors and
Keepers of the Great Seal," whose lives I have undertaken
to delineate.
Eleanor was the second daughter of Berenger, Count of
Provence, and his wife Beatrice of Savoy. From infancy
she was celebrated for her wit and her beauty. While only
thirteen years old she had written an heroic poem In the
Provencal tongue, and it was sung by troubadours, who
added verses of their own, praising the unparalleled charms of
" Alienora la bella."
In the year 1235 Henry III. had agreed to marry Joanna,
a daughter of the Count de Ponthieu, but broke off the

* The commission to her as " Lady Keeper" is extant, and curious. " De
Magno Sigillo commissio. Rex omnibus, &o., salutem. Noverit universitas
vestra quod nos in Vasconiam proficiscentes dimisimus Magnum Sigillum nos
trum in custodia dilectffi Regina: nostrie sub sigillo nostro privato et sigillis
dilecti fratris et fidelis nostri Ricardi Comitis Cornubia; et quorundam aliorum
de consilio nostro ; tali conditione adjecta quod si aliquid signatum fuerit
nomine nostro, dum extra regnum Angliee fuerimus, alio sigillo quam illo, quod
vergere poterit in coronse nostras vel regni nostri detrimentum vel diminutionem,
nullius sit momenti et viribus careat omnlno. " — T. &c. pat. 37 H. 3. m. 8.

LADY KEEPER QUEEN ELEANOR. 139
match on hearing so much of the attractions of Eleanor of CHAP.
Provence, and sent an embassy to solicit her to share his ^^^^'
throne. He would trust no layman on such a delicate
mission, but chose for his ambassadors four sober priests —
the Bishops of Ely and Lincoln, the master of the Temple,
and the Prior of Harle. After some difficulties about dower
had been surmounted, the contract was joyfully signed,
although Henry was more than double the age of the
" Infanta ;" — and she was deUvered, with aU due solemnity,
to the very reverend plenipotentiaries.
The royal bride began her journey to England, attended Marriage
by all the chivalry and beauty of the south of France, " and Henry.
followed by a stately train of nobles, demoiselles, minstrels,
and jongleurs." Having been feasted with great distinction
by Theobald King of Navarre, himself a poet, and welcomed,
on crossing the French frontier, by her elder sister. Queen of
St. Louis, she landed safely at Dover, and, on the 4th of
January, 1236, she was united to Henry, by the Archbishop
of Canterbury, before she had completed her fourteenth
year.* We have the following description of her from Piers of
Langtoft : —
" plenry owre Kynge at Westmonster tuke to wyfe
Th' Earle's daughter of Provence the fayrest Maye in lyfe,
Her name Elinore of gentle nurture
Beyonde the sea there was no suche creature.''
The contemporary chronicles are filled with accounts of the
festivities with which she was received In the City of London,
and the jewels and rich dresses which she wore at her coro
nation — particularly of the wedding present of her sister,
the Queen of France — a large silver peacock, whose train
was set with sapphires and pearls, and other precious stones,
wrought with silver and gold, used as a reservoir for sweet
waters, which were forced out of Its beak into a chased silver
basin for the use of the guests at the banquet.
Although Eleanor conducted herself with great personal
propriety at the English court, her popularity was short-lived,
• Matthew of Westminster, p. 295.

140

REIGN OF HENRY III.

CHAP. VIIL
Her unpo
pularity.

Quarrels
with the
citizens of
London.

Unfortunately she was accompanied by an immense number
of relations and countrymen, — and the King's half-brothers,
sprung from his mother's second marriage with the Count de
la Marche, coming over soon after and obtaining great pre
ferment, it was said that " no one could prosper in England
but a Provencal or a Poictevien."
She enriched one uncle, Peter of Savoy, by a large grant
of land between London and Westminster, a part of which
still bears his name; and for Boniface, another uncle, she
obtained the Archbishopric of Canterbury by writing, with
her own hand, a very elegant epistle In his behalf, " taking
upon herself," Indignantly says Matthew of Westminster,
" for no other reason than his being of kin to her, to urge
the suit of this unfit candidate in the warmest manner ; and
so my lord the Pope named to the primacy this man, who
had been chosen by a woman ! "
She likewise soon commenced an unextlngulshable feud
with the citizens of London, by requiring that all vessels
freighted with corn, wool, or any valuable cargo navigating
the Thames, should unlade at her hithe or quay called
" Queenhlthe, " where she levied an excessive tax upon
them, which she claimed to be due to the Queen-consort of
England. In spite of such extortions, so poor were she and her
husband by their largesses to foreigners *, that they ceased
to put on their royal robes, and unable to bear the expence
of keeping a table, they daily invited themselves, with a
chosen number of their kindred or favourites, to dine with
the rich merchants of the city of London, or the great men
of the Court, and manifested much discontent unless presented
with costly gifts at their departure, which they took, not as
obUgatlons and proofs of loyal affection to their persons, but
as matters of right.
Eleanor never made any attempt to acquire the slightest
knowledge of English, the use of which was stiU confined to the

* Her finances had likewise been very much deranged by a large bribe she
had found it necessary to give to the Pope for his decree declaring null the
precontract of Henry with Joanna of Ponthieu, on account of which the validity
of her own marriage had been questioned.

LADY KEEPER QUEEN ELEANOR. 141
lowest ranks, — Norman-French or Proven9al being spoken chap.
at Court*, — and Latin being the language of the church. ^I^^-
There were great reioicings when she gave birth to an heir ,
June 1239.
to the throne, afterwards Edward I., one of the bravest Birth of
and wisest of our sovereigns; and we ought to honour her ^^'^- ^•
memory for the skilful manner In which she conducted his
education, notwithstanding the indiscreet Interference of her
Imbecile husband.
But while Henry was generally liked, her manners were
so haughty and overbearing, that she quarrelled with Hubert
de Burgh, Peter des Roches, Simon Montfort, and the leaders
of all parties, — as well as being odious to the populace from
her lU-concealed contempt for English barbarism. She
acquired, however, a great ascendant over the mind of the
King, who had sufficient sense to value her superior under
standing and accomplishments.
In the prospect of his going Into Gascony In 1253, having She re-
intrusted her with the custody of the Great Seal, on the 6th gj,™^ g'®
of August he sailed from Portsmouth for Bourdeaux to take 6th August,
the command in person of an army there assembled, and the
Queen was left In the full exercise of her authority as Lady
Keeper. The sealing of writs and common instruments was left. Her con-
under her direction, to Kilkenny, Archdeacon of Coventry ; j"^'''^
but the more important duties of the office she executed in Keeper.
person. She sat as judge in the Aula Regia, beginning her
sittings on the morrow of the nativity of the blessed Virgin
Mary, t
These sittings were Interrupted by the accouchement of the Her ac-
judge. The Lady Keeper had been left by her husband In a ^^^^^'
state of pregnancy, and on the 25th of November, 1253, she
was deUvered of a princess, to whom the Archbishop of
Canterbury, her uncle, stood godfather, and baptized by the
name of Catherine, being born on St. Catherine's day. |
* Proclamations to preserve the peace were read in three languages, French,
Latin, and Saxon. We still have the commencement in the first Oyez ! Oyez !
Oyez I corrupted into O yes ! O yes ! O yes ! . . ^
t " Placita coram Domina Regina et consilio Domini Regis in Crastino
Nativitatis Beat. Mariee. " — Rot. Thes. 37 Hen. 3.
t " Et nomen aptante et baptizante infantulam Archiepiscopo, vocata est

142

REIGN OF HENRY IIL

CHAP. VIIL
Her ex
action of
" queen
gold."

A parlia
ment.

She resigns
the Great

Seal.

The Lady Keeper had a favourable recovery; and being
churched*, resumed her place in the Aula Regia.
She now availed herself of the King's absence, not only to
enforce rigorously her dues at Queenhlthe, but by demanding
from the city of London a large sum which she Insisted they
owed her for " aurum reglnse " or " queen gold," — being a
claim by the Queens of England on every tenth mark paid
to the King on the renewal of leases on crown lands or the
granting of charters, — matters of grace supposed to be ob
tained from the powerful intercession of the Queen.f Eleanor
in this Instance demanded her "' queen gold " on various
enormous fines that had been unrighteously extorted by the
King from the plundered citizens. For the non-payment of
this unjust demand, the Lady Keeper, In a very summary
manner, committed the Sheriffs of London, Richard Picard
and John de Northampton, to the Marshalsea Prison, and she
soon after sent Richard Hardell, the Lord Mayor, to keep
them company there, for the arrears of an aid unlawfully
Imposed towards the war In Gascony.
These arbitrary proceedings caused the greatest alarm and
consternation ; for the city of London had hitherto been a sort
of free repubUc in a despotic kingdom, and Its privUeges had
been respected in times of general oppression.
In the beginning of 1254 a parliament was caUed, and the
Queen being present and making a speech, pressed for a
supply ; but, on account of her great unpopularity, it was
peremptorily refused.
A new arrangement was then made for carrying on the
government; the Great Seal was transferred into other
hands, and on the 15th of May she saUed from Portsmouth
with a courtly retinue of ladies, nobles, and knights, and
joined the King at Bourdeaux. They then visited Paris^
where Queen Eleanor had the happiness of meeting her four

Catherina, eo quod die Sanctaj Catherinas nata, aera hauserat primitivum."
— M. Paris.
* One of the grandest scenes ever seen in England was the queen's churching
after the birth of her eldest son, all the great ladies of the land being summoned
to attend the queen to church ; but the ceremony on this occasion was conducted
very privately.
t 1 Bl. Com. 221.

LADY KEEPER QUEEN ELEANOR. 143
sisters, aU splendidly married, and where a banquet was given, chap.
much celebrated by the chroniclers, at which the kings of ^"^¦
France, of England, and of Navarre, with aU their prime
nobiUty, were present, trying to outvy each other In courtesy
as well as splendour.
Eleanor and her husband landed at Dover on the 5th of
January, 1255, and on the 27th of the same month made
their public entry into London with extraordinary pomp ; but
notwithstanding the display of banners and tapestry by the
different companies. It was evident that hatred of the Queen
was still rankling in the hearts of the citizens.
She disdained to take any step to mitigate their re
sentment. All the violations of Magna Charta were imputed
to her, and she was charged with instUIing her own political
opinions into her eldest son.
The following is a specimen of the ballads pubUshed upon Ballads
Jjgj. .  upon her.
" The queen went beyond the sea, the king's brethren also.
And ever they strove the charter to undo ;
They purchased that the pope should assoil I wis
Of the oath and the charter, and the king and all his.
" It was ever the queen's thought, as much as she could think.
To break the charter by some woman's wrencke ;*
And though Sir .Edwardf was proved a hardy knight and good,
Yet the same charter was little to his mood."|
In the following year, while residing in the Tower, she was I'el'ed i>y
threatened with violent treatment by the citizens of London, mob.
and she resolved for safety to proceed by water to the Castle
of Windsor ; but as she approached London Bridge the po
pulace assembled to insult her. The cry ran, "Drown the
Witch," and besides abusing herewith the most opprobrious
language, and pelting her with dirt and rotten eggs, they
had prepared great stones to sink her barge when she should
attempt to shoot the principal arch. She was so frightened
that she returned to the Tower. Not considering herself
safe in this fortress, she took sanctuary at night In the Bishop
of London's palace, within the precIncts«of St. Paul's. She
* Wrenching or perverting the meaning of the charter.
t Prince Edward. :f Robert of Gloucester.

144

REIGN OP HENRY III.

CHAP. VIIL

4th Aug.
1265. She flies
abroad. Returns to
England,

Takes the
veil.

Her death.

Her cha
racter.

was thence privately removed to Windsor Castle, where
Prince Edward was at the head of a military force. He
never forgave the Londoners the insult they had offered to his
mother. In the civil wars that took place at the close of her hus
band's reign, Eleanor often showed great determination and
courage, and after repeated disasters still made head against
the impetuous Earl of Leicester. At last, when the con
federated barons were triumphant and Henry was made a
prisoner, she took refuge with her younger children In France ;
but after the battle of Evesham she returned to England and
had her revenge upon the citizens of London, who for their
ill behaviour to her were fined 20,000 marks to her use. She
continued to act a conspicuous part during the remainder of
this reign.
Soon after the accession of her son to the crown, she
renounced the world and retired to the monastery of Am-
bresbury, where, In the year 1284, she actually took the veil.
She had the satisfaction of hearing of the brilliant career of
her son, and she died In 1292, when he was at the height of
his glory, having subdued Wales, pacified Ireland, reduced
Scotland to feudal subjection, and made England more pros
perous and happy than at any former period.
Although the temper and haughty demeanour of Eleanor
were very freely censured in her own time, I believe no im
putation was cast upon her virtue till the usurper Henry IV.,
assuming to be the right heir of Edmund her second son,
found it convenient to question the legitimacy of Edward her
first-born, and to represent him as the fruit of an adulterous
intercourse between her |ind the Earl Marshal. Then was
written the popular ballad representing her as confessing her
frailty to the King her husband, who. In the garb of a friar
of France, has come to shrive her In her sicknessi accompanied
by the Earl Marshal In the same disguise.
" Oh, do you see yon fair-haired boy *
Thatis playing with the ball ?
He is, he is the Earl Marshal's son,
And I love him the best of all.

* Prince Edward.

LADY KEEPER QUEEN ELEANOR. 145
" Oh, do you see yon pale-faced boy" CHAP.
That's catching at the ball ? VIII
He is King Henry's only son, 
And I love him the least of all." ""
But she was a very different person from her successor,
Isabella of France, Queen of Edward IL, and there is no
reason to doubt that she was ever a faithful wife and a loving
mother to all her children.
Although none of her judicial decisions, while she held the
Great Seal, have been transmitted to us, we have very full and
accurate Information respecting her person, her career, and
her character, for which we are chiefly Indebted to Matthew
Paris, who often dined at table with her and her husband, and
conaposed his history, of those times with their privity and
assistance, f
* Prince Edmund.
f Mat. Par. 562. 654. 719. 799. 884. 989. 1172. 1200. 1202.

VOL. I.

146

reign op HENRY III.

CHAPTER IX.

CHAP. IX.
William
de Kil
kenny,
Chancellor.
Jl. D. 1254.

Rieprimand
to the
clergy.

Kilkenny's
resignation.

LORD CHANCELLORS PROM THE RESIGNATION OP LADT KEEPER
QUEEN ELEANOR TILL THE DEATH OF HENRT IH.
On Queen Eleanor's resignation of the office of Lady Keeper,
William de Kilkenny, who had been employed by her to
seal writs while she held the Great Seal *, was promoted to
the office of Chancellor.
He did not continue in It long, and In his time nothing
memorable occurred, except the representation from the clergy
respecting alleged encroachments by the Crown upon their
order. A deputation, consisting of the Primate and the
Bishops of Winchester, Salisbury, and Carlisle, came to the
King with an address on the frequent violation of their pri
vileges, the oppressions with which he had loaded them and
aU his subjects, and the uncanonical and forced elections which
were made to vacant ecclesiastical dignities. Lord Chancellor
Kilkenny is said to have written the King's celebrated answer,
— " It is true I have been faulty in this particular : I ob
truded you, my Lord of Canterbury, on your see : I was
obUged to employ both entreaties and menaces, my Lord of
Winchester, to have you elected. My proceedings, I confess,
were very Irregular, my Lords of Salisbury and Carlisle, when
I raised you from the lowest stations to your present dig
nities. I am determined henceforth to correct these abuses ;
and it wUl also become you, in order to make a thorough re
formation, to resign your present benefices, and try again to
become successors of the Apostles in a more regular and
canonical manner." f
On St. Edward's day. In the year 1255, WilUam de Kil-
* Rex dilectas consorti suse A, eadem gratia Regins salutem. Mandamus
vobis quod cum delectus clericus noster W. de Kilkenni, Archidiaconus Coven-
trensis ad vos venerit, liberatis ei sigillum scaccarii nostri bajulandum et custo
diendum usque ad reditum nostrum de partibus Wasconije, &c. — Pat. 37.
H. 3. m. 5.
t Mat. Par. i». u. 1253.

HENRY DE WBNGHAM, CHANCELLOR. 147
kenny* resigned his office of Chancellor, but he was stiU In CHAP.
such favour, that, though suspected of having misappUed ^^"
funds that came officially into his hands, the King granted
him letters patent, whereby he declared that WilUam, having
long served him diUgently and acceptably, should be quit of
all reckonings and demands for the whole time that he had
been Keeper of the King's Seal In England. He was after- Embassy
wards sent on an embassy to Spain, where he died on the '° ^^^^"'
21st of September, 1256. He is said to have been a very •°^**'^-
handsome person, eloquent, prudent, and well skilled in the
municipal laws of the realm, as well as in the civil and canon
law. On the day of his resignation, the Great Seal was delivered Henry de
to Henry de Wengham, afterwards Bishop of London, — Wengham,
A. J) 1255
and, with Walter de Merton for his deputy, he remained
ChanceUor till he was removed by the mutinous Barons who
for some time established an oligarchy In England, f
The ill-humour of the nation was manifested at a General
Council called to meet in London at Easter, 1255, when the
attempt was renewed that the Chancellor and other great
officers should be appointed by the Prelates and Barons, as
was said anciently to have been the custom, and that those
officers might not be removed, except upon notorious faults,
without the common assent. The King refusing these
demands, a resolution was carried to postpone the further
consideration of supply till Michaelmas. $
Simon de Montfort was now taking advantage of the
unpopularity of the government for his own aggrandisement,
and attempting successfuUy to wrest the sceptre from the
feeble hand which held it. In June, 1258, met "the Mad Mad Par-
Parliament," where, notwithstanding the resistance of the
Chancellor and the King's other ministers, were passed the
famous " Provisions of Oxford," by which twenty-four Barons « Provi-
were appointed, with unlimited power, to reform the Common- ^ions of ^^
wealthy and annually to choose the ChanceUor and other
great officers of state. § The King for the time submitted,
» Rot. Pat. 39 Hen. 3. m. 16. t 1 Pari. Hist. 29.
^ M. Paris, 904. 1 Pari. Hist. 27. § Rot. Pat. 39 H. 3. m. 16.
1. 2

148

REIGN OF HENRY IIL

CHAP. IX.

Oct. 18.
1260.Nicholas
DE- Ely
made Chancellor
by the
Barons.

King re
covers his
authority.

A parlia
ment.

and even Prince Edward was obliged to take an oath to obey
their authority.
De Wengham was for some- time permitted by them to
retain the office of Chancellor, having made oath that he
would duly keep the King's Seal under their control.*
However, to give a full proof of their prerogative, they sub
sequently removed him, and elected in his place Nicholas
DE Ely, Archdeacon of Ely f, a mere creature of their own.
The old Great Seal, surrendered up by De Wengham, was
broken in pieces, and a new one was delivered to the Chan
cellor of the Barons. We have a very circumstantial account
of this ceremony, showing that the King was present as a mere
puppet of the twenty-four. After relating the oath of the
new Chancellor, and that he forthwith sealed with the
new seal, it says that '^the King deUvered the pieces of the
old broken seal to Robprt Wallerand, to be presented to
some poor religious house of the king's gift." J
But the nation was soon disgusted by the arbitrary and
capricious acts of Montfort and his associates : there was a
strong reaction in favour of the King, and for a time he
recovered his authority. Before proceeding to resume the
full exercise of his royal functions, he applied to Rome for a
dispensation from " the Provisions of Oxford," which he had
very solemnly sworn to observe. This was readily promised
him ; but, unluckily, Alexander the Pope died before the
dispensation was sealed, and considerable delay was likely to
arise before a successor could be elected.
Henry or his advisers, to take advantage of the present
favourable state of the public mind, called a Parliament to
meet in the castle of Winchester. There he openly declared

* The oath made by the Chancellor was to this effect: — " That he would not
seal writs without the command of the King and his Council, and in the presencfe
of some of them, nor seal the grant of any great wardship, great marriage, or
escheat, without the assent of the Council or the major part of it, nor would seal
any thing contrary to the ordinances made or to be made by the twenty-four, or
the greater part of them, nor would take any reward but only such as other
Chancellors have formerly received ; and if he should appoint a deputy, it should
be only according to the power to be provided by the council." — Annal,
Burton, 413.
t Rot. Pat. 44 H. 3. m. 2.
{ Pat. 44 H. 3. n. 2. Claus. Rol. 44 H. 3. n.2.

WALTER DE MERTON, CHANCELLOR. 14g
that he ^ would no longer be bound by "the Provisions of chap.
Oxford," which had rendered him more a slave than a King. ^^•
He then called before him the Chancellor and Justiciary " 
appointed by the Barons, and demanded from them the seals
and the roUs of their respective offices. They answered that
they could not lawfully obey him, without the consent of the
CouncU of twenty-four. The baronial officers were, however,
in his power : they were obliged to submit, and the Great
Seal was deUvered up to Henry.
He appointed Walter de Merton as Chancellor.* At Walter be
the same time, to put on an appearance of moderation, MERToif,
the foUowing Letters Patent were passed under the Great ^''^"''"'"¦¦
Seal, in compliment to the Ex-chanceUor thus forcibly disr
placed. " The King to all whom, &c. Know ye that our beloved
clerk. Master Nicholas, Archdeacon of Ely, did, on the day
of St. Luke the Evangelist, in the 44th year of our reign,
receive from us our Great Seal to be kept, which said Seal we
received from him on Tuesday next after the Feast of the
Translation of St. Thomas the Martyr, in the 45th year of
our reign. We have therefore speciaUy to recommend him
for his good services to us. In witness, &c. Witness the
King, at the Tower of London, on the 14th day of July." f
De Wengham would probably have been restored to the
office ; but he had fallen into bad health, and he died soon
after. De Merton's appointment was by patent, with an
express declaration that it was "without the consent of the
Barons." At the same time a grant was made to him of 400
marks a year for support of himself and the Chancery, so long
as he should remain in office. $
* Rot. Pat. 45 Hen. 3. m. 8.
+ Pat. 45 H. 3. m. 7. Liberata 45 Hen. 3. m. 3. Pat. 49 Hen. 3. m. 18,
^ This sum would be equal to about 4000/. of present money. An addition
of 100 marks was made to the salary of his successor. Out of this the Chan
cellor had to pay the Chancery clerks or Masters in Chancery, and to defray
other expenses of the Chancery, but he had besides, as we have seen, high fees
on grants from the Crown, and he generally held large ecclesiastical benefices,
so that he must have had a revenue and maintained a state equal to the great
hereditary Barons. In the reign of Henry IL the Chancellor was allowed " five
shillings a day, two demean and seasoned simnels, one sextary of clear wine, one
sextary of vinum expansabile, one pound of wax and forty pieces of candle." The
five shillings per diem would have been then equal to about 1400Z. per annum,
L 3

150 REIGN OP HENRY IIL
CHAP. Walter de Merton is the most considerable man wehave
^^- found In the office during the present reign. He gained great
^^[T^^T"^ distinction as a student at Oxford, where he afterwards
DeMerton. founded Mertpn College. He had been appointed to act as
Vice-chancellor from his knowledge of law and capacity for
business. He was twice Lord ChanceUor, and, being ap
pointed to the see of Rochester, he was distinguished as a
prelate for his sanctity and good works.
Keepers of In 1262 the King went abroad, and was accompanied by
^^*^" John de Mansel, his secretary, appointed Keeper of the Seal,
while Walter de Merton, remaining at home, was continued
in the office of Chancellor.* Henry returned to England in
a few months, and Walter de Merton continued for some -
time to act as his minister, under the title of Chancellor,
employing Keepers of the Seal to do the laborious duties of
the office. Of these the only distinguished man was John
de Chishull, who was afterwards Chancellor.
Public Not only" the Provisions of Oxford," but the Great
confusion. Qi^artcr, and the Charter of the Forest, were now dis
regarded, and the doctrine was promulgated, which had abet
tors among lawyers down to the revolution of 1688, that no
royal grants or acts of the legislature are binding on the
Sovereign if they Infringe his essential prerogatives, the nature
and extent of which are to be judged of by him and his
ministers. The bold and artful Montfort, in exile, hearing of the
discontents occasioned by these arbitrary measures, came over
secretly from France, again collected the forces of his party,
and commenced an open rebellion. He seized and Imprisoned
John de Mansel, the Ex-keeper of the Great Seal, because
he had published the bull at last obtained from Rome, absolv
ing the King and kingdom from their oaths to observe " the
but it is impossible to estimate the value of the other items. From a schedule
found in the chamber of accounts at Paris, it appears that Philippe d'Antoigni,
Chancellor to St. Louis, a contemporary sovereign, received for himself and his
horses seven shillings a day, and another schedule states that the same Chan
cellor received seven shillings a day for himself, his horses, his grooms (valets a
cheval), and for all others except his clerk and his valet-de-chambre, who sat at
the king's tables.
* Rot. Claus. 47 Hen. 3. m. 6. The Chancellor, during the king's absence,
was only to seal instruments attested by H. le Despenser, the Justiciar.

NICHOLAS DE ELY, LORD CHANCELLOR. 151
Provisions of Oxford ; " and he threatened the utmost vengeance chap.
against WiUiam de Merton, and the other adherents of the ^^'
King, as soon as they should fall into his power. Deserted
by all ranks, they found it prudent to set on foot a treaty of
peace, and to make an accommodation with him on terms the
most disadvantageous. " The Provisions of Oxford " were
confirmed,- — even those which entirely annihilated the royal a d. 1263.
authority, and the Barons were again reinstated In the sove
reignty of the kingdom. Their first step was to remove
William de Merton from the office of ChanceUor, and to
restore It to their partisan, Nicholas de Ely.*
He continued to hold the Great Seal as Chancellor till Writs for
the faijQous parUament assembled by Simon Montfort, In ?J™°f ^^,
the 49th of Henry IIL, which was summoned by writs in parlia-
the form now used, — which was attended by representatives "g^Hgn s
from counties, cities, and boroughs, and which was the model ^, j,. 1265.
.of all succeeding parliaments in England.
Under this last settlement an Interval of quiet arose,
during which Henry crossed the Channel, to confer with the
French monarch, who was then holding a meeting of his
states at Boulogne. The Great Seal remained in the custody
of Archdeacon Nicholas, who, during the King's absence, put
it only to instruments of course.f
Henry returned to celebrate the feast of the Translation Reference
of St. Edward, and to hold a ParUament at Westminster. *° ^^"8 °^
^ ^ r ranee.
Here a party sprung up for the King, and an attempt was
made to repeal " the Provisions of Oxford," and to restore to
the Crown the power of appointing the Chancellor ; but the
Earl of Leicester still had a majority of spiritual and lay
Peers. Several treaties were attempted between the mo-

* The entries in the close roll are still worded as if the government had been
regularly proceeding under the royal authority. " Here W. de Merton departed
from court, and on Thursday next before the feast of St. Margaret the Virgin,
in the presence of Simon de Montfort, Earl of Leicester, and of the other nobles
of Eagland, Master Nicholas, Archdeacon of Ely, took at Westminster the
custody of the King's Seal, and he immediately sealed with it." Rot. CI. 47 H. S.
t Memorandum, that on the I 8th of September the Lord the King departed
from Westminster towards foreign parts, and the King's Great Seal remained in
the custody of Nicholas, Archdeacon of Ely, who acted during the King's stay
beyond the sea. He however sealed nothing but writs which were attested
by H. le Despenser, Justiciar of England, &c. Pat. 47 Hen. 3. m. 1.

152

REIGN OP HENRY III.

CPIAP. IX.

Jan. 1264.
His award.

May, 1264.
Battle of
Lewes.

Meeting of
Simon de
Montfort's
parliament.

derate men of both parties, and, according to the custom of
the age, it was at last agreed to refer " the Provisions of
Oxford," and aU other matters in difference, to the arbitration
of the French King.
" The royal arbitrator, having taken upon himself the burthen
of the reference, and having patiently heard both sides in fuU
assembly of his nobility, gave judgment In favour of the,
King of England, by declaring " the Provisions of Oxford "
nuU and void, and adjudging that the King might nominate
his ChanceUor, and the other great officers of the kingdom,
according to his own pleasure.
The King was proceeding to act upon the award ; but the
Barons refused to be bound by it, alleging that It was con->
tradlctory on the face of It, and that the arbitrator had ex^
ceeded his authority.
Both parties again flew to arms, and soon after was fought
the "MIse" or "battle of Lewes," which ended in the,
captivity of Henry, of his brother the King of the Romans,
of Prince Edward his son, and of Coniyn, Bruce, and all the
chief opponents of Montfort who survived the perils of that
bloody field.
The parliament was called in the King's name, the King
being apparently on the throne, the Lords spiritual and tem
poral attending, and the commonalty of the realm fuUy re
presented by the knights, citizens, and burgesses who had been
elected under the new-fashioned writs which Montfort or his
Chancellor had framed. This assembly, however, had merely
to register the decrees of the usurper. An Act was passed;
(the first professing to have the sanction of the third estate),
according to the following tenour : — " This Is the form of the
peace unanimously approved of by our Lord the King, and
the Lord Edward his son, and all the Prelates, and Barons,
together with the whole community of the kingdom of England"
— the leading enactment being, that, for the reformation of the
state of the kingdom, there should be chosen three discreet
and faithful men who should have power and authority from
the King of choosing nine counsellors, out of whom three at the
least, by turns, should always be present at Coijrt, and the.
King, by the advice of those nine, should make his Justiciary,

NICHOLAS. DE ELY, LORD CHANCELLOR. 153
Chancellor, Treasurer, and aU the other great and small officers chap.
connected with the government of the kingdom.* ¦^^-
For some reason not explained, Nicholas de Ely was re
moved by De Montfort from the office of Chancellor. He
was probably suspected of having temporised between the
two parties, and of having countenanced the reference to the
King of France. He Is to be had In remembrance as the
first Chancellor who ever sealed writs for the election of
knights, citizens, and burgesses to Parliament, f Whether he. Origin of
as a native of England, suggested the measure — foreseeing the commonl
benefits It might confer upon his country — or De Montfort,
who had been born and educated abroad, introduced It from
some country in which the third estate was admitted to grant
supplies and have a share In legislation, — or whether the two
thought of nothing but a present expedient for enlarging and
confirming their power, by taking advantage of the popularity
they then enjoyed with the classes on whom the elective fran^
chlse was bestowed, without looking to precedent or regarding
distant consequences, it would now be vain to conjecture.
Although there was much of accident with respect to the
time when the institution first appeared among us, yet It could
not have continued to flourish if It had not been suited to the
state of society and the wants of the nation. In spite of
violence and oppression, in spite of continued foreign or
domestic war, commerce made advances, wealth increased
among the middling orders, the feudal system began graduaUy
to decline, and both the King and the people favoured a new
power which was more submissive than the Barons to the
regular authority of the Crown, and at the same time afforded
protection against their Insolence to the Inferior classes of the
community. Nicholas de Ely seems, after Montfort's fall, to have re-
* 1 Pari. Hist. 31,
f Some writers have attempted to give a much earlier date to the popular
repre^ntation in England, but 1 think without success; for not only are there
no earlier writs for the election of representatives extant, but there is no trace of
the existence of such a body in accounts of parliamentary proceedings, where, if
it had existed, it must have been mentioned, — as the trial of Thomas a Becket,
which is as minutely reported as the impeachment of Warren Haslings. The
great council of the nation hitherto consisted of the prelates and barons, assisted
by the ofiicers of state and the judges.

154

REIGN OP HENRY III.

CHAP. IX.

Thomas de
Canti
lupe,
Chancellor.

conciled himself to the Court, for though he did not again
ho]d any civil office, he was made Bishop of Worcester In
1268, and before the end of that year translated to the see of
Winchester, which he held tUl his death in 1280.
The new ChanceUor appointed by the twenty-four Barons
now vested with supreme power, was Thomas de Can
tilupe.* He was of noble extraction, being son of WiUiam
Baron de Cantilupe, of an illustrious Norman family. Being
destined for the Church, he studied at Oxford, where he
made great proficiency in the Canon Law : he took the degree
of Doctor of Laws, and became Chancellor of that University,
then an annual office; but he had not yet reached any
higher ecclesiastical dignity than that of Archdeacon of
Stafford.
His salary. Lord Chancellor Cantilupe had a grant of 500 marks a-year,
payable at the Exchequer at four terms In the year, for the
support of himself and the clerks of the King's Chancery f,
so long as he should continue Archdeacon of Stafford.
He had a very short and troubled possession of his new
office. Prince Edward had escaped from Imprisonment, and
was again In the field at the head of a numerous and well
appointed army, Cantilupe's services were wanted to assist
In opposing him at a distance from London, and the Great

* The entry on the record, however, shows that the government was still
decently carried on in the King's name. " On Wednesday next after the feast
of St. Peter in cathedra, Master John de Chishull, Archdeacon of London (who
had been sigillifer), restored to the King his Seal, and he on the same day com
mitted the custody of it to Master Thomas de Cantilupe, who immediately
sealed with it." — Claus. 49 Hen. 3. m. 9.
f This document is still extant, and is curious as recognising the election of
the Chancellor by parliament, and showing the form observed when a grant was
to pass under the Great Seal in favour of the Chancellor himself. " Rex
omnibus, &o., salutem. Cum dilectus nobis in Christo Magister Thomas de
Cantilupo, per nos et magnates nostros qui sunt de Concilio nostro, electus sit
in Cancellariam Regni nostri, et nos ipsum ad officium illud gratanter admisen-
mus, nos sustentationi sua3 et clericorum Cancellariae nostras providere volentes,
concessimus ei quingentas mareas, singulis annis percipiendas ad Scaccarium
nostrum, &c., ad sustentationem suam et Clericorum Cancellariam nostrse pre-
dictse quamdiu steterit in officio. In cujus, &c. Teste Rege apud Westmon.
xxvj° die Marcii. Et sciendum quod Dominus Rex manu sua propria plicavit
istud breve et in presentia sua fecit consignari, presentibus similiter H. le
Despenser, Justiciario Anglise," &o. — Pat. 49 H. 3. m. 18. This grant was
continued to his successors, as we several times find credit given to sheriffs for
payments made to the Chancellor by the King's order in discharge of the allow
ance of 500 marks for the sustentation of himself and the clerks of the Chancery.
Mag. Rot. 52 H. 3. 50 H. 3.

THOMAS DE CANTILUPE, LORD CHANCELLOR. 155
Seal was temporarily transferred to Ralph de Sandwich, chap.
Keeper of the Wardrobe, to be kept by him tiU Thomas de ^^¦
Cantilupe should return, under the superintendence, and to """""""
be used with the concurrence, of Peter de Montfort, Roger
St. John, and Giles de Argentine.* Ralph de Sandwich
was probably a personal attendant on the King in whom no
confidence was reposed. The three superintendents were
devoted adherents of the party, who now kept the King pri
soner, and ruled in his name.
Before Thomas de Cantilupe did return the battle of Aug. 4.
Evesham was fought, — Simon de Montfort was slain, and SMleot
his party was for ever extinguished. Evesham.
Prince Edward is celebrated for the merciful disposition he
now displayed. No blood was shed on the scaffold, and all
who submitted were pardoned. Cantilupe, though removed
from his office, was afterwards taken Into favour, made Bishop
of Hereford, and employed in an embassy to Italy, where he
died in 1282. Notwithstanding the political factions In which Death of
he was engaged, he acquired a character for extraordinary """ "^^'
sanctity ; miracles were said to be wrought by his dead body.
He was canonised by Pope John XXII. ; and all his succes
sors, the Bishops of Hereford, out of respect to his me
mory, have used his family arms as the heraldic bearings of
their see.
The victory of Evesham having fully re-established the Walter
royal authority during the remainder of this reign, Walter chancellor.
GiPPARD, who had always steadily adhered to the court party,
was appointed to the office of Chancellor. |
* The following memoranCum of this transfer is to be found in the Patent
Roll : — " That on Thursday next after St. John Port Latin Master Thomas de
Cantilupe, the King's Chancellor, delivered the King's Seal to Ralph de Sand
wich, the keeper of the wardrobe, in the presence of the King and of Hugh le
Despenser, Justiciar of England, and Peter de Montfort, to be kept by him
until Thomas should return; — to be used in this manner — Ralph to keep it in
the wardrobe under the seal of Peter de Montfort, Roger de St. John, and
Giles de Argentein, or one of them — when taken out, Ralph to seal the writs
of course in the presence of the person under whose seal it had been then
inclosed, or in his absence if he was not minded to be there, but mandatory
writs only in the presence of such person and with his assent ; and when the
writs either of course or mandatory were sealed, then the King's Seal was to be
sealed up under the seal of one of the three persons above named, and to be
carried by Ralph into the wardrobe, to be there kept in form aforesaid, until
Thomas de Cantilupe should return." Rot. Pat. 49 H. 3. m. 16.
t Rot. Pat. 49 H. 3. m. 10.

156

REIGN OP HENRY IIL

CHAP. IX.

Resigns,
being made
Arch
bishop of
York.

GodfreyGiffard,Chancellor.

Removed
for incom
petency.

He was of a good famUy, and of great abilities. Having
mastered all that was to be learned in England, he completed
his education In Italy, where he was ordained priest and made
private chaplain to the Pope. On his return to his own coun
try, mixing In secular affairs, he rose to be Lord Treasurer, an
office which he lost by a sudden revolution In the state. In
1264 he reached the secure elevation of the prelacy, being
made Bishop of Bath and WeUs. This dignity he held when
he received the Great Seal. In about a year after, the Arch-»
bishopric of York falling vacant, he aspired to It, and had the
court Interest ; but William de Langton, Dean of York, was
elected by the Chapter. Both parties appealed to the Pope,
and, after a keen struggle, Giffard succeeded through his
superior Interest. As soon as he was installed Archbishop;
he voluntarily resigned the Great Seal, and devoted himself
to the government of his new see, which he held above ten
years. He left behind him the reputation of great learning,
as well as of integrity and piety.
He was succeeded in the office of Chancellor by Godfrey
Giffard, Archdeacon of Wells*, another member of- the
same family, who, through his mother, was related to the
King, and seems to have owed his promotion entirely to,
court favour. He was removed from the office after he had
held it a very short time, without any turn in politics, and
without any advancement In the church, — whence it is in
ferred that he was found wholly incompetent , for the duties,
of any secular office. Nevertheless he was afterwards con
sidered sufficiently qualified for high ecclesiastical preferment,
and in 1269 he was appointed to the see of Worcester, which
he held without reproach for 24 years. While he was Chan
ceUor, in the 52d year of the King's reign, a parliament
assembled at Marlbrldge, where many useful laws were
passed for restraining the abuse of Distresses, regulating the
incidents of tenure, and improving civil and criminal pro
cedure. Several of these display great discrimination, and
an acquaintance with the general principles of Jurisprudence

¦* Rot. Pat. 51 Hen. 3. m 22. 52 Hen. 3. m. 30.
m. 10.

Rot. Claus. 52 Hen. 3.

RICHARD DE MIDDLETON, LORD CHANCELLOR. 157
greatly above the comprehension of the ChanceUor ; and if he chap,
introduced them, they must have been framed by superior ^^¦
men whom he had the wit to employ.* '
The next Chancellor was a man of much renown In his John de
day, John de Chishull, Dean of St. Paul's, He had risen n^'^T'
J, , . . _ , . i.'iiancellor,
trom an obscure origin by his own powers, a'nd being well
fikilled in the civil and common law, with a great readiness for
business, he had been found very useful to Lord ChanceUor de
Merton, who made him his VIce-chanceUor. f Having always
taken the royalist side, he was persecuted by the Barons ; but
they being now crushed, his fidelity was rewarded with the
office of ChanceUor, which he filled with great applause till
the year 1270, when he exchanged it for that of Treasurer.
In 1274 he was made Bishop of London, and he spent the
remainder of his days In works of charity, and In seeking to
expiate the sins he had committed in his political career.
His successor in the office of Chancellor was Richard de Rkhaed
Middleton, of whom so littie is known that it has been To^f Ch"n!"
questioned whether he was a layman or an ecclesiastic ; but "'''"°'^-
there can be little doubt that he was one of the active aspir
ing priests who. In those troublous times, were employed
as secretaries to the King, and were intrusted with the Great
Seal as a step to high promotion in the church. While he
was Chancellor he certainly provided for the expenses of the
King's chapel out of the profits of his office, and no doubt
officiated In it as chaplain, f He died while ChanceUor, on
¦* See Stat. Marlb. 52 Hen. 3.
-f There is an entry in the Charter Roll, 49 Hen. 3., which has induced
some to suppose that Chishull was Chancellor before Cantilupe, but though he
delivered the Great Seal to the King, he had not before held it as Chancellor,
t In the fifty-fifth year of King Henry IIL, John le Fauconer, receiver of the
fees of the Great Seal, rendered to De Middleton his account, which is still
extant, and in which he is allowed certain disbursements for the King's chapel,
among other expenses to be defrayed by the Chancellor. " Coropotus Johannis
le Fauconer Receptoris denariorum proveniencium de exitibus Sigilli Regis, a
festo Apostolorum Simonis et Judee, anno Liiij usq ; ad idem festum anno Lvj
incipiente, videlicet per duos annos. — Summa suinmarum, DCCCCLxxiij 1.
xvj s. In thesauro nichil." Among the credits, " Et Johanni Partejoye custodi
summarum Regis Cancellarii pro vadiis suis per CCCxxx dies vj 1. iij s. ix d.
per idem breve [Regis]. Et in percameno ad opus clericorum Cancellariae
predictEB, et aliis minutis expensis ejusdem Cancellariae et Capellae Regis xiij 1.
jj s. vi d. per idem breve." Mag. Rot. 55 H. 3. Rot. 1. a. in Rot. Compotor.
The amount of these fees is considerable, regard being had to the value of money
in those times.

158

REIGN OF HENRY III.

GHAP. IX.

PrinceEdward in
the Holy
Land.

John de
Kirby, Keeper of
Great Seal.

John de
Kirby,Keeper
of the
Great Seal.

Sunday before the Feast of St. Lawrence, in the year 1272,
before any other provision had been made for him *, and the
Great Seal was deposited In the King's wardrobe to abide the
disposal of the council who now governed the kingdom.
Prince Edward, having crushed De Montfort and the as
sociated Barons, — seduced by his avidity for glory, and by
the passion of the age for crusades, had undertaken an expe
dition, in conjunction with St. Louis, to recover the Holy
Sepulchre, and, after the death of that pious and romantic
sovereign, was now sIgnaUsing himself by acts of valour In
Palestine, and reviving the splendour of the EngUsh name
among the nations of the East. King Henry, overcome by
the cares of government and the infirmities of age, was
visibly declining, and could no longer even appear to take a
part in the government. Letters were written in his name
to the Prince, urging his immediate return, and pointing out
the dangers to which the state was exposed from the mu
tinous Barons, who were again commencing their machi
nations and disorders. In the mean time the Council did
not venture to appoint a new Chancellor, but delivered the
Great Seal to John de Kirby, with the title of Vice-chan
cellor, that he might seal writs with It, and do what was
requisite for the ordinary routine of government till the
Prince's arrival.
Kirby was a churchman, eager for promotion; — as yet only
Dean of Winburn and Archdeacon of Coventry, but active,
cunning, and unscrupulous. His conduct In this emergency
gave such satisfaction, that In the ensuing reign he was made
Bishop of Ely and Lord Treasurer. But he is accused by
contemporary writers of having neglected his spiritual for his
temporal duties, and of having taken but little notice of the
flocks committed to his charge, except when he was to shear
them. He held the Great Seal from the 7th of 'August, 1272, to
the 16th of November following, the day that closed the In
glorious reign of Henry III. The moment that the King had

* Die Dominica proxima ante festum Sancti Laurentii obilt Ricardus de
Middleton quondam Cancellarlus Regis et Sigillum Regis liberatum fuit in
Garderobam Regis. Chart. 56 H. 3. m. 2,

STATE OP THE LAAV. 159
breathed his last, Kirby surrendered it to Walter Archbishop cha p.
of York and the rest of the Council assembled to take mea- ^^
sures for securing the accession of the new Sovereign. *
During this reign there were sixteen Chancellors, and
many Keepers f of the Great Seal besides ; but none of
them of much historical importance. Learning was very
low, and was confined entirely to the clergy. Not only
were the Chancellors of this order, but many dignitaries of
the Church were Justices in the Courts at Westminster and
In the Eyre. Nay, the advocates in the secular courts were
ecclesiastics, and from them only could any competent Judges
be selected. There was a canon pubUshed about this time,
" Nee advocati sint clerici, vel sacerdotes. In foro secularl,
nisi vel proprias causas vel miserabilium prosequantur," The
exception excused their appearance in Westminster Hall,
and their violation of the rule was, from necessity, con
nived at. X
After the Great Charter and the Charter of the Forest had Character
been confirmed, the King's ministers were too much occu- °ors duHnV
pied in counteracting the plots and resisting the violence of feign of
the mutinous Barons to have much leisure for legal reform,
and the only attempts at it by legislation were the statutes of
Merton § and Marlbridge. | Several provincial and legatine
constitutions were passed by convocations of the clergy, at
the Instigation or with the concurrence of clerical Chan
cellors, for exempting ecclesiastics from all secular jurisdic
tion, and effecting those objects which had been defeated by
the constitutions of Clarendon and the vigorous adminis
tration of Henry II.
It Is curious that, in the most disturbed period of this tur- Bracton,
bulent reign, when Ignorance seemed to be thickening and
the human Intellect to decline, there was written and given

merits of.

* Rot, Claus. and Pat, 57 H. 3. m. 1,
-f In the longer reign of George III, there were only eight,
\ ^ut the inns of court for education in the common law were about this
time established, and a separate order of laymen learned in the common law
sprung up and flourished,
§ 20 Hen. 3,, the chief enactment of which was to encourage the inclosure of
waste land,
II 52 Hen, 3., for regulating the right of distress.

160

REIGN OP HENRY IIL

CHAP. IX.

Abolition
of office of
Chief Jus
ticiary.

to the world the best treatise upon law of which England
could boast till the publication of Blackstone's Commen
taries, In the middle of the eighteenth century.* It would
have been very gratifying to me if this work could have been
ascribed, with certainty, to any of the ChanceUors whose
lives have been noticed. The author, usually styled Henry .
de Bracton, has gone by the names of Brycton, Britton, Bri
ton, Breton, and Brets ; and some have doubted whether all
these names are not imaginary. From the elegance of his
style and the familiar knowledge he displays of the Roman
law, I cannot doubt that he was an ecclesiastic who had ad
dicted himself to the study of jurisprudence ; and as he was
likely to gain advancement from his extraordinary profi
ciency, he may have been one of those whom I have commemo
rated, although T must confess that he rather speaks the
language likely to come from a disappointed practitioner than
of a ChanceUor who had been himself In the habit of making
Judges.f For comprehensiveness, for lucid arrangement, for
logical precision, this author was unrlvaUed during many ages.
Littleton's work on Tenures, which illustrated the reign of
Edward IV., approaches Bracton; but how barbarous, in
comparison, are the Commentaries of Lord Coke, and the
Law treatises of Hale and of Hawkins ! {
Towards the end of this reign the office of Chief Jus
ticiary, which had often been found so dangerous to the
Crown, feU Into disuse. Hugh le Despenser, in the 49th of
Henry IIL, was the last who bore the title, § The hearing
of common actions being fixed at Westminster by Magna
* The book must have been written between the years 1262 and 1267, for it
cites a case decided in the 47th of Hen. 3., and takes no notice whatever of the
Statute of Marlbridge, which passed in the 52d of Hen. 3.
t Describing the judges of his time he calls them, " Insipientes et minus
docti, qui cathedram judicandi ascendunt antequam leges dedicerint."
t It must be admitted that juridical writing is a department of literature in
which the English have been very defective, and in which they are greatly
excelled by the French, the Germans, and even by the Scotch. The present
state of the common law may now probably be best learned from " the notes of
Patteson and Williams on Serjeant Williams's notes on Saunders's Reports of
Cases decided in the reign of Charles IL," and written in Norman- French. '
§ Dugdale, in his Chronica Series, when he comes to 55 Hen. 3., A. n, 1271,
changes the heading of his column of justices from « Justiciariorura Angliee" to
" Justic, ad Plac. coram Rege."

STATE OP THE LAW. 161
Charta, the Aula Regia was gradually subdivided, and CHAP.
certain Judges were assigned to hear criminal cases before the ^^'
King himself, wheresoever he might be. In England. These duJ!Z^
formed the Court of King's Bench. They were called tion of
" Justitiarii ad placita coram Rege," and the one who was to " ° "^"''
preside " Capitalis Justlclarlus." He was inferior in rank to
the Chancellor, and had a salary of only 100 marks a year*,
while the Chancellor had generally 500. Henceforth the Chancellor
ChanceUor, in rank, power, and emolument, was the first "f)"^^^'^
magistrate under the Crown, and looked up to as the great
head of the profession of the law.
There are some cases decided in this reign which are still
quoted as authority in Legal Digests ; — the writs and sum
monses to Simon de Montfort's parliament are now given In
evidence on questions of peerage, — and the England in which
we Uve might be descried.
* Dugd. Or. Jur. p. 104. The puisnes had only forty pounds a year. The
chief justice of Common Pleas had one hundred marks, the chief baron forty
marks, and the pu,isne barons twenty. 2 Reeve's Hist, of Law, 91. This is
certainly poor pay, and I am afraid may have induced the judges to be guilty of
the corrupt conduct for which they were punished in the following reign.
The. work was however very light till the times when salaries were so much
increased. In the reign of Henry VI, the judges never sat more than three
hours a day, from eight in the morning till eleven, employing the rest of their
time in refection, reading, and contemplation, while the councillors and Serjeants
went to the parvise at Paul's to meet their clients, — Fort, de Laud.

VOL. I. M

162 REIGN OF EDWARD I.

CHAPTER X.
CHANCELLORS AND KEEPEES OF THE GKEAT SEAL DURING THE
EEIGN OP EDWAED 1. TILL THE DEATH OF LOED CHANCELLOK
BURNEL.
CHAP. Edward being proclaimed King, while stiU absent from
^- England, the CouncU, as an act of power authorised by the
urgency of the case, resolved to appoint a ChanceUor. After

1272. ' nine days' deUberation they selected Walter de Merton,
Merton ""^ ^^<^ ^»^ ^^^^^ *^® ^^'^^ ^" ^^^ preceding reign, and who.
Chancellor, having always been a zealous royalist, they had every reason
to beUeve would be agreeable to the new Sovereign.
The letters addressed to the Prince requiring his presence
had produced the desired effect, and he had reached Sicily on
his return from the Holy Land, when he received inteUigence
of the death of his father. Learning the quiet settlement of
the kingdom, he was in no hurry to take possession of the
throne ; but from France he wrote a letter dated the 9th of
August, in the first year of his reign — " To his beloved
Clerk and Chancellor, Walter de Merton," confirming his
appointment, and requesting him to continue to discharge the
duties of the Chancellorship.*
* " EnwARn, by the grace of God King of England, Lord of Ireland, and
Duke of Aquitaine, to his beloved Clerk and Chancellor, Walter de Merton,
greeting. " We give you special thanks for the diligence you have applied to our affairs
and those of our kingdom, beseeching that what you have so laudably begun
you will happily take care to continue, causing justice to be done to every one
in matters which belong to your office, inducing others also to do the same, not
sparing the condition or rank of any person, so that the rigour of justice may
control those whom the sense of equity cannot restrain from injuries. Those
things which you shall have rightly dcme in this matter we, God willing, will
cause to be fully confirmed.
" Given at Mellune on Seine, 9th of August, in the first year of onr reign."
This letter shows that the king clearly conceived he had a right to remove the
Chancellor if he had thought fit, though he had been appointed by the council.
This appointment is adduced by Prynne in his " Opening of the Great Seal,"
as a proof that the Chancellor was the officer of the parliament, not. of the king ;
but the appointment of De Merton was an act of power exercised in the king's
name, and demanded by necessity, as at the decease of Henry III. there was no

LORD chancellor BURNEL. 163
The nobles assembled at the " New Temple" in London* chap.
had ordered a new Great Seal to be made, having the name ''^¦
and style of Edward Inscribed upon It, and in the attestation
of public documents by the guardians of the realm during
the King's absence the words occur, — " In cujus, &c., has
llteras sIgiUo Domini Regis quo utimur in agendis, eodem
absente, feclmus consignari." — De Merton displayed extra- His con-
ordinary ability as Chancellor, and materially contributed to character.
the auspicious commencement of the new reign.
To the great joy of the people the King at last arrived, a. «. 1274.
was crowned, and took the Government into his own hands.
He ordered another Great Seal, under which he confirmed the
grants made in his absence, by " Inspeximus " — according to
the following form : — " Is erat tenor prasdictarum literarum
quas praedicto sigillo nostro feclmus quo prsedicti locum
nostrum tenentes utebantur, quod quia postmodum mutatum
est, tenorem literarum prtedictarum acceptantes prajsenti
sigillo nostro feclmus consignari.'' f
De Merton was now removed from the office, — not because
his conduct was at all censured, but the King wished to
promote to It a personal friend who had followed him In all
his fortunes, and for whose abilities and character he had the
highest respect. The bishopric of Rochester was bestowed
on the Ex-chancellor, and he employed his time in building,
endowing, and making statutes for Merton College, Oxford,
where his memory is still revered. He died in 1277. f
On the day of St. Matthew the Apostle §, 1274, the office Sept. 21.
of Chancellor was conferred on Robert Burnel, and he rJb*'^.,
continued to hold it with great applause for eighteen years, Burnei.,Chancellor.
Chancellor, and the Seal was deposited in the wardrobe. Unless some one had
been appointed Chancellor, writs could not have been sealed, and the govern
ment of the country could not have been conducted till the king should return
or manifest his pleasure upon the subject.
* Mat. West. 401. t P^'- I'-'"- ^ Ed. 1.
t In the reign of Queen Elizabeth, his tomb being much dilapidated, it was
repaired by the Warden and Scholars of Merton, who supplied an epitaph giving
a minute account of the life and dignities of their Pounder, and concluding with
these lines : " Magne senex titulis Musarum sede sacrata,
Major Mertonidum maxime progenie.
Ha?c tibi gratantes pos^ecula sera nepotes,
Et votiva locant Marmora, Sancte Parens."
§ Sept. 21.

164

REIGN OP EDWARD I.

CHAP X.

Birth and
education.

Accom
panies Prince Ed
ward to
the Holy
Land,

during all which time he enjoyed the favour and confidence
of Edward, and was his chief adviser in all his measures. He
is a striking example of the unequal measure with which his
torical fame has been meted out to English statesmen.
Although intimately connected with the conquest and settle
ment of Wales ; — although he conducted Edward's claim to
the superiority over Scotland, and pronounced the sentence
by which the crown of that country was disposed of to be
held under an English liege Lord; — although he devised a
system for the government of Ireland upon liberal and en
lightened principles ; — although he .took the chief part In the
greatest reforms of the law of England recorded In her
annals, — and there can be no doubt that he occupied a con
siderable space In the public eye during his own age, — his
name has since been known only to a few dry antiquaries
incapable of appreciating his merits.*
Robert Burnel was the younger son of Robert de Burnel,
of a powerful family settled from time Immemorial at Acton
Burnel, in the county of Salop.f Here the future Chancellor
was born $ ; here, he afterwards, by the King's licence, erected
a fortfied castle ; apd here, to illustrate his native place, he
prevaUed on the King to hold a parUament at which was
passed the famous law, " De Mercatoribus," caUed " the
Statute of Acton Burnel."
As his elder brother, Hugh, was to inherit the paternal
estate, and was, of course, to do military service as a knight
and baron, Robert was destined to rise in the state by civU
and ecclesiastical employments, which were then generally
combined. He early distinguished himself by his proficiency
not only in the civil and canon law, but In the common law
of England ; and there Is reason to think that after he had
taken holy orders, he practised as an advocate In the Courts
at Westminster. During the Barons' wars, while stUl a
young man, he was introduced to Prince Edward, who was
* In Hume's very superficial history of the reign of Edward I„ Lord Chan
cellor Burnel is not once named or alluded to,
t The little village of Acton Burnel, picturesquely placed near the foot of
the northernmost Caer Caradoc in Shropshire, and contiguous to a Roman road
originally connecting Wroxeter with Chu«h Stretton, is remarkable both for its
early history and its architectural remains  Hartshorne.
\ Rot. Pat. 12 Ed. 1. m. 7. m. IS.

LORD CHANCELLOR BURNEL. 165
about his own age, and was much pleased with his address CHAP.
and social qualities, as well as his learning and ability. He ^'
became chaplain and private secretary to the heir apparent,
suggested to him the counsels which enabled him to triumph
over Simon de Montford, and attended him in his expedition
to the Holy Land.*
•When appointed Chancellor he had reached no higher
ecclesiastical dignity than that of Archdeacon of York. He
was soon after raised to the see of Bath and WeUs, — with
which he remained contented, devoting the whole of his
energies to affairs of state.
He presided at the Parliament which met in May 1275, May, 1275,
and passed " the Statute op Westminster the First," l'^^ '^'
deserving the name of a Code rather than an Act of Par- Statute of
liament. From this chiefly, Edward I. has obtained the ^I'l^™"'"
V STER. Tll£»
name of "the EngUsh Justinian" — absurdly enough, as the Fir-st.
Roman Emperor merely caused a compilation to be made of
existing laws, — whereas the object now was to correct abuses,
to supply defects, and to remodel the administration of
justice. Edward deserves Infinite praise for the sanction he
gave to the undertaking ; and from the_ observations he had
made in France, Sicily, and the East, he may, like Napoleon,
have been personally useful In the consultations for the
formation of the new Code, — but the execution of the plan
must have been left to others professionally sklUed In juris
prudence, and the chief merit of It may safely be ascribed to
Lord Chancellor Burnel, who brought it forward In parUament.
The statute Is methodlcaUy divided into fifty-one chapters. Provisions
Without extending the exemption of churchmen from civil "^ 'J'*
jurisdiction, it protects the property of the Church from the
violence and spoUatlon of the King and the nobles, to which
it had been exposed. It provides for freedom of popular
elections then a matter of much moment, as sheriffs, coroners,
and conservators of the peace were still chosen by the free
holders In the county court, and attempts had been made
unduly to Influence the election of knights of the shire,
almost from the time when the order was Instituted. It
contains a strong declaraljpn to enforce the enactment of
* Rot. Claus. 2 Ed. 1. m. 4, Rot, Pat. 50 Hen. 3. m.
M 3

166

REIGN OF EDWARD I.

chap. X.

Its omis
sions.

A.D. 1281.
Conquest of
Wales.

Magna Charta against excessive fines which might operate
as perpetual imprisonment. It enumerates and corrects the
great abuses of tenures, — particularly with regard to the
marriage of wards. It regulates the levying of toUs, which
were imposed In an arbitrary manner, not only by the Barons,
but by cities and boroughs. It corrects and restrains the
powers of the King's escheator and other officers under tBe
Crown. It amends the criminal law, putting the crime of
rape on the footing to which it has been lately restored, as a
most grievous but not a capital offence. Ii! embraces the
subject of " Procedure " both in civil and criminal matters,
Introducing many regulations with a view to render It cheaper,
more simple, and more expeditious.
Having gone so far, we are astonished that it did not go
farther. It does not abolish trial by battle in civil suits, —
only releasing the demandant's champion from the oath
(which was always false) that he had seen seizin given of
the land, or that his father, when dying, had exhorted him to
defend the title to it. But if total and immediate abolition
of this absurd and impious practice had been proposed, there
would have been sincere and respectable men who would
have stood up for ancestral wisdom, — asserting that England
owed all her glory and prosperity to trial by battle in cIvU
suits, and that to abolish it would be impiously Interfering
with the prerogative of Heaven to award victory to the just
cause. Lord Chancellor Burnel was soon to appear in a very diffe
rent capacity. LleweUyn, Prince of Wales, had given great
assistance to the Montfort faction, and though he was in
cluded in the general amnesty pubUshed after the battle of
Evesham, there was a lurking resentment against him for his
past misdeeds, and a strong desire to curb and curtaU his
power, that he might be less dangerous in future. By the
Chancellor's advice he was summoned to this parliament to
do homageforhis prIncIpaUty, which he admitted that beheld
of the British Crown. The Welsh Prince neglected the
summons, and sent for excuse, — " that the King, having
shown on many occasions an extreme animosity against him,

LORD CHANCELLOR BURNEL. 167
he would not trust his person with his declared enemy." chap.
Nevertheless, he offered to come, provided Edward would give ¦^•
him his eldest son in hostage, with the Earl of Gloucester '
and the Lord Chancellor. We may believe that Burnel,
known to be very unfriendly to the Welsh, would not have
been very wUUng to trust himself among these savage men in
the recesses of Snowdon.
The Prince was peremptorily summoned to appear at a par- judgment
liament held in 1276, — and, making default, — after a solemn t^"'"^*
1 . c ^ .1.1 Llewellyn.
hearing of the matter in his absence, he was adjudged by the
mouth of the Chancellor to be guilty of felony, and war was
Immediately proclaimed against him. Llewellyn being soon a. „, i282,
after slain in battle, the principality of Wales was completely
subjugated, and Burnel was employed to devise measures for
its pacification and future government. He was stationed Lord Chan-
at Bristol, where he held courts of justice for the southern pioyed'^i^'
counties, and gave general directions for the introduction of govem-
English institutions among the natives, who, notwithstanding Principa-
their boast of ancient independence and love of poetry, had 'i'y-
made very little advance in civilisation or the common arts of
Ufe. He then prepared a Code under which Wales was
governed tiU the reign of Henry VIIL, when it was allowed
to send members to parliament, and was fully included
within the pale of the English constitution. This was first,
in the form of a charter, to which the Great Seal was affixed,
but being confirmed in a parliament held at Ruthlan Castle,
it is generally called " Statutum Wallise," or " the Statute
of Rutland*;" reciting that Wales, with its inhabitants,
had hitherto been subject to the King Jwre feudali, but had
now by divine providence fallen in proprietatis dominum, — It
Introduces the English law of inheritance,— regulates the juris
diction of the " Justiciarius de Snaudon,"— estabUshes sheriffs
and coroners, — and provides for the administration of cIvU and
criminal justice. Seconded by the immense castles erected
by Edward, which now give us such a notion of his wealth
as weU as of his wisdom, this Code had the effect of preserving
* 10 Ed, 1,
M 4

168

REIGN OF EDWARD I.

CHAP. X,
A.D, 1283,
Parliament
held in
Chancel
lor's Castle
at Acton
Burnel,

tranquUUty, and graduaUy preparing the way for greater
improvements. In May, 1282, the King paid his ChanceUor a visit of three
days at Acton Burnel, and the following year spent six weeks-
with bun there, from the 29th of September to the 12th of
November, during the trial of Prince David for high treason
before the ParUament at Shrewsbury, from which, as an affair of
blood, aU prelates were absent. -After the disgraceful sentence
there passed on the last of a princely Une, — that for bravely
defending his own rights and the independence of his country,
he should be dragged at horses' heels through the streets of
Shrewsbury, hanged, beheaded, and divided into four quarters,
to be distributed through the four chief towns of England * ;
the King, to gratify his host, adjourned the parUament to
Acton Burnel, and it Is said that the prelates, barons, knights,
citizens, and burgesses assembled In the great hall of the
strong castle which, by royal licence, the Chancellor had built
in his native place.:j: Here was passed the most admirable
statute, " De Mercatoribus J," for the recovery of debts, —
showing that this subject was fuUy as well understood in the
time of Chancellor Burnel as in the time of ChanceUor Eldon
or Chancellor Lyndhurst. The grievance (which is pecuUar
to England) of being obUged to bring an action and have a

* There was a keen controversy between York and Winchester far his right
shoulder, which was_awarded to the capital of Wessex.
f Pro Roberto Burnel Bathon' et Well'l Rex omnibus ad quosetc. salutem.
Episcopo de manso Kernellando. J Sciatis quod concessimus pro nobis
et heredibus nostris venerabili patri Roberto Burnel Bathoniensi et Wellensi
Episcopo Cancellario nostro quod ipse et heredes sui mansum suum de Acton
Burnel muro de petra et calce firmare et Carnellare possint quandocumque
voluerint, et mansum illud sic firmatum et carnellatum tenere sibi et heredibus
suis in perpetuum ; sine occasione vel impedimento nostri et heredum nostrorum
Justiciariorum et ministrorum nostrorum quorumcunque. In cujus etc. T. R,
apud Lincolniam, xxviii die Januarii, Pat. 12, E. 1,
The remains of the castle still attract the curious in mediaeval architecture.
It is a quadrangular structure, enclosing an area of 70 feet by 47, with
engaged square towers at each angle. The interior has been much disturbed,
and is now so choked up with modern erections, that the dimensions and uses
of the original chambers can no longer be ascertained. However, there had
certainly been a spacious hall on the first floor, lighted by three large windows
to the south, in which, probably, the parliament assembled. There seems to be
no doubt that the three estates of the realm were not then separated as has been
supposed into two chambers, but deliberated together, and formed one legislative
assembly. — See Rymer, vol. ii. 247,, and preamble of statute, Hartshorne on
Ancient Parliament, and Castle of Acton Burnel.
t 11 Ed. 1.

LORD CHANCELLOR BURNEL. IQQ
debt estabhshed by the judgment of a court of law before chap.
enforcing payment of it, where there Is not the smaUest ^-
doubt of the validity of the Instrument by which It Is con- " '
stituted, has always been a reproach to the administration of
justice in this country. To mitigate the evil, the statute of
Acton Burnel enacts, that where a debt has been acknow
ledged before the Mayor of a town, — Immediately after default
of payment, there shaU be execution upon It, and that by an
application to the ChanceUor the creditor may obtain satis
faction by sale of the debtor's goods and alienable lands in
any part of England.*
As long as Burnel continued in office the improvement of
the law rapidly advanced, — there having been passed in the
sixth year of the King's reign the " Statute of Gloucester ;"
in the seventh year of the King's reign the " Statute of Mort
main ;" In the thirteenth year of the King's reign the " Statute
of Westminster the Second," the " Statute of Winchester,"
and the " Statute of CIrcumspecte agatis ;" and in the eigh
teenth year of the King's reign the "Statute of Quo Warranto,"
and the " Statute of Quia Em,ptores." With the exception of
the establlshment^of estates tail, which proved such an obstacle
to the alienation of land till defeated by the fiction of Fines
and Common Recoveries, — these laws were in a spirit of
enlightened legislation, and admirably accommodated the law
to the changed circumstances of the social system, — which
ought to be the object of every wise legislator. The provisions
for checking the accumulation of property In the possession of
ecclesiastical corporations, for defining the jurisdiction of the
ecclesiastical courts, for preventing subinfeudation by enact
ing that on every transfer of land it shall be held of the
chief lord of the fee, and for the appointment of the circuits
pf the judges, such as we now have them, deserve particular
commendation. But we must not conclude the brief notice
of the legislation of this period, under the auspices of the
ChanceUor, without mentioning the "Ordlnatio pro Statu
* I have repeatedly, but ineffectually, attempted to extend the principle of
this measure to modern securities,-^ bonds, and bills of exchange, — and to assi
milate our law in this respect to that of Scotland, and France, and every other
civilised country.

•170

REIGN OF EDWARD I.

CHAP. X.
His plan
for govern
ment of
Ireland.
Vice-chan
cellor Kirby,

A,D, 1279,

A, D, 1290.

HIbernlse *," for effectuaUy introducing the EngUsh law Into
Ireland, and for the protection of the natives from the
rapacity and oppression of the King's officers ; — a statute
framed In the spirit of justice and wisdom, which, if steadily
enforced, would have saved Ireland from much suffering, and
England from much disgrace.
The Chancellor, being so much engaged in state affairs,
was often unable to attend to his judicial duties, and he was
obliged from time to time to Intrust the Great Seal to the
custody of a Keeper, who acted under him. This was gene
rally John de Kirby, who had been in possession of the
Great Seal, as Keeper, without any ChanceUor over him, at
the conclusion of the last reign. In 1278 there Is an entry
that, on the Chancellor going abroad, he delivered the King's
Seal into the King's wardrobe, to be kept under the seal of
Kirby, whom the ChanceUor had appointed to expedite the
business of the Chancery. f There is an original letter extant
in the Tower, written In the following year by the King
to Kirby, In which he is desired to come to the King, and to
leave the Seal, sealed up under his own seal, in the cus
tody of Thomas Bek. From the 25th of May to the 19th of
June the Chancellor was with the King In France. During
this time the Seal was in the joint keeping of Kirby and
Bek, and it was restored to Burnel on his return. | There
are likewise several entries of the Seal being delivered to
Kirby when the Chancellor was about to visit his diocese/
or to retire to his country house (ad partes proprias).^
Kirby, for his good services, was in 1287 made Bishop of
Ely. The subsequent Keepers of the Seal, under Burnel,
were Hugh de Hendal, Walter de OdUiam ||, and WUUam de
Marchla. However, the Chancellor himself, as head of the law,

t Rot. Claus. 6 Ed. 1. ra. 12.
Rot. Claus. 7 Ed. 1. m. 6, Rot. Pat, 7 Ed, 1,

* 17 Ed, 1,
t Rot, Vase, 7 Ed, 1,
m, 15,
§ Rot. Pat, 4 Ed. 1. m. 16. Rot, Pat, 10 Ed, 1, m, 18. m. 14. Rot.
Claus. 10 Ed. 1. m, 6. 11 Ed. 1. m. 8, Rot. Pat. 12 Ed. 1. m. 7, 18, Madd.
Exch. 49. Rot. Claus. 12 Ed. 1. m. 4.
II He on one occasion delivered the seal to these two as early as 1284 at
Aberconway, when he was going to Acton Burnel. Rot. Claus. 12 Ed. 1.
m. 47.

LORD CHANCELLOR BURNEL. 171
exercised a -vigilant superintendence over the administration chap.
of justice, and in the parUament held at Westminster, In the ^'

beginning of the year 1290, brought forward very serious Prosecu-
charges against the Judges for taking bribes and altering the tion by
records, — upon which they were all con-victed except two, of the
whose names ought to be held in honourable remembrance — Judges for
John de Matingham and Ellas de Beklngham. Sir T. Way- corruption.
land. Chief Justice of the Common Pleas, being found the
greatest delinquent, had all his goods and estate confiscated
to the King, and was banished for life out of the kingdom.
Sir A. de Stratton, Chief Baron of the Exchequer, was fined
34,000 marks. Sir R. de Hengham, Chief Justice of the
King's Bench, was let off with a fine of 7000 marks, for
although he had Improperly altered a record. It was not
supposed to have been from corrupt motives. The taint had
spread Into the Court of Chancery, and R. LIthebury,
Master of the RoUs, was fined 1000 marks. These sen
tences, pronounced in parUament by the Chancellor, had
upon the whole a very salutary effect, but are supposed, for
some ages, to have induced the Judges to adhere too rigor
ously to forms and the letter of the law.
The Chancellor was now engaged In assisting the King In a. n. 1290.
the most memorable transaction of his reign, the settlement
of the dispute respecting the succession to the Crown of
Scotland, which arose on the death of Alexander III. The Dispute
ambitious scheme of getting possession of Scotland by a gg";*^"^"
claim of feudal superiority when the hope of accomplishing crown of
the object by marriage had failed, is, no doubt, to be ascribed
to Edward himself; but the manner in which it was con
ducted was chiefly de-nsed by Burnel. He accompanied the ^*5" '^^^¦
King to Norham, and there addressed the Scottish Parliament,
assisted by Roger de Braban9on, the Chief Justice.
It is remarkable that the English ChanceUor spoke to the Chancellor
Scotch parliament in French*; but this was then the court theiscottish
language, not only of England, but of Scotland, where almost p°gjfgj,"^
* Rymer, vol. ii. 543. It is hardly possible that, Uke Chancellor Longchamp,
he knew no other language than French, — the vernacular tongue, springing from
the Anglo-Saxon, being now generally spoken in England and in the lowlands of
Scotland.

172 REIGN OP EDWARD I.
CHAP, the whole of the nobility were of Norman extraction, —
^' superior knowledge and address having established the illus
trious descendants of RoUo In the northern part of the island,
as superior bravery had in the southern.
Hisdex- Nothing can exceed the dexterity with which the com-
terity, petltors for the crown were induced to submit themselves to
the arbitrament of Edward, and the whole Scottish nation to
put themselves in his power. These results were chiefiy
ascribed to the management of the Chancellor. The Prelates,
Barons and Knights of Scotland, representing the whole
community of that kingdom, having met In a green plain on
the left bank of the Tweed, directly opposite to the castle of
Norham, In pursuance of the leave given them to deliberate
in their own country, — Burnel went to them in his master's
name, and asked them " whether they would say any thing
that could or ought to exclude the King of England from
the right and exercise of the superiority and direct dominion
over the kingdom of Scotland which belonged to him, and
that they would there and then exhibit It if they believed
It was expedient for them ; — protesting that he would fa
vourably hear them, — allow what was just, — or report what
was said to the King and his council, that what justice re
quired might be done." Upon repeated demands, the Scots
answered nothing; whereupon the Chancellor recapitulated
aU that had been said at the last meeting relative to the
King's claim ; and a public notary being present, the right of
deciding the controversy between the several competitors for
the crown of Scotland was entered In form for the King of
England. After which the Chancellor, beginning with
Robert Bruce, Lord of Annandale, asked him In the presence
of all the Bishops, Earls, Barons, &c., " whether. In demand
ing his right, he would answer and receive justice from the
King of England as superior and direct Lord over the king
dom of Scotland ?" Bruce, in the presence of them all, and
of the public notary, none contradicting or gainsaying,
answered « that he did acknowledge the King of England
superior and direct Lord of the kingdom of Scotiand, and
that he would before him, as such, demand answer and receive
'ustice. The same question was successively put to all the

LORD CHANCELLOR BURNEL. 173
other competitors, who returned the like response. Not con- CHAP,
tented with this, Burnel required that they should sign and ^"
seal a solemn instrument to the same effect, ^ — which they ^~~~~^
accordingly did, — quickened by hints thrown out that the
candidate who was the most complying would have the best
chance of success. *
Eighty commissioners were appointed from both nations to
assist in taking evidence, and hearing the arguments of all
who were Interested. Their meetings were held at Berwick,
and the English Chancellor presided over their deliberations.
Edward being obliged to return to the south to attend the Chancellor
funeral of his mother. Queen Eleanor (Ex-Lady-Keeper of ment in ^"
the Great Seal), left Burnel behind at Berwick to watch over favour of
the grand controversy, which was now drawing to a close.
The claims of all the competitors, except, two, were speedily
disposed of; and as between these the doctrine of representa
tion prevailed over proximity of blood. The judgment was
accordingly in favour of Baliol, the grandson of the elder
sister, against Bruce, the son of the younger, — the judge
being probably influenced as much by a consideration of the
personal qualities of the competitors as by the opinion of the
great jurists in different parts of Europe who were consulted.
- Baliol had already exhibited that mixture of subserviency and
obstinacy, of rashness and Irresoluteness, which made him
such a desirable vassal for a Lord, resolved by all expedients,
as soon as a show of decency would permit, to get the feud,
by pretended forfeiture. Into his own hands.
Lord ChanceUor Burnel died at Berwick on the 25th day Death oi
of October, 1292, and was buried In his own cathedral at ^"'¦"«'-
WeUs. He surely well deserves a niche in a gallery of British
statesmen. He was censured for the great wealth he amassed f ; but he His cha-
employed It nobly, for he not only erected for his family the "^^ ^'''
castellated dwelling In which he received the King and par-
* 1 Pari. Hist. 40.
t It appears from the inquisition held in the year after his death (21 Ed. I.),
that the extent of his temporal possessions was commensurate with his dignities,
as be held more than thirty manors, besides other vast estates in nineteen dif
ferent counties. — Cal, Lug, p, m. I. p. 115.

174 REIGN OP EDWARD I.
CHAP. Uament, but likewise a splendid episcopal palace at WeUs,
^- long the boast of his successors. Nepotism was another charge
' against him, from his having done so much to push forward
two brothers and other kindred. This however must be re^
garded as, a venial faiUng in churchmen, whose memory could
not be preserved in their own posterity.* If he was rather
remiss in the discharge of his episcopal duties, he is to be
honoured for the rational and moderate system he pursued in
ecclesiastical affairs, — neither encroaching on the rights of the
clergy, nor trying to exalt them above the control of the law.
As a statesman and a legislator, he is worthy of the highest
commendation. He ably seconded the ambitious project of
reducing the whole of the British Isles to subjection under
the crown of England. With respect to Wales he succeeded,
and Scotland retained her independence only by the unrlvaUed
gallantry of her poor and scattered population. His measures
for the Improvement of Ireland were frustrated by the Incu
rable pride and prejudices of his countrymen. But England

* The whole of the family possessions centred in the Chancellor's nephew,
Philip, who was summoned to parliament as a Baron by writ in 1311. The
male line of the family soon after failed ; but in the reign of Edward HI. the
Chancellor was represented, through a female, by Nicholas Lord Burnel, who
gained great renown in the French wars, and had a keen controversy respecting
the Burnel arms with the renowned warrior Robert de Morley. It happened
that they both were at the siege of Calais, under Edward IIL, in 1346, arrayed
in the same arms. Nicholas Lord Burnel challenged the shield as belonging to
the Burnels only, he having at that time under his command 100 men, on
whose banners were his proper arms. Sir Peter Corbet, then in his retinue,
offered to combat with Robert de Morley in support of the right which his
master had to the arms, but the duel never took place, probably because the
king denied his assent. The suit was then referred to the court of chivalry,
held on the sands at Calais, before William Bohun, Earl of Northampton, high
constable of England, and Thomas Beauchamp, Earl of Warwick, earl marshal.
The trial lasted several days, when Robert, apprehending that the cause would
go against him, took an opportunity, in presence of the king, to swear by God's
flesh, that if the arms in question were adjudged from him, he never more
would arm himself in the king's service. On this the king, out of personal re
gard for the signal services he had performed in those arms, aud considering the
right of Nicholas Lord Burnel, was desirous to put an end to the contest with as
little offence as possible. He, therefore, sent the Earl of Lancaster, and other
lords, to Nicholas, to request that he would permit Robert de Morley to bear
the arms in dispute for the term of his life only, to which Nicholas, out of
respect to the king, assented. The king then directed the high constable, and
earl marshal, to give judgment accordingly. This they performed in the church
of St. Peter near Calais, and their sentence was immediately proclaimed by a
herald in the presence of the whole army there assembled. — Pennant's North
Wales.

LORD CHANCELLOR BURNEL. 175
continued to enjoy the highest prosperity under the wise laws chap.

which he Introduced.*
* Edward I., returning from the Holy Land, at Bologna engaged in his
service Franciscus Accursii, a very learned civilian, whom he employed as his
ambassador to France and to Pope Nicholas IIL, — but, as far as I can trace, —
not in his law reforms, or in any part of his domestic administration. \ A hall at
Oxford was appropriated to the use of this Italian, — from which some have
supposed that he there gave lectures on the civil law. When he left England in
1281, he received from the king 400 marcs, and the promise of an annuity of 40
marcs. — See Palg. on Council, note L. p. 134. Duck. xxii.

X.

176

REIGN OP EDWARD I.

CHAPTER XI.

CHAP. XL
Oct. 25.
1292.
JoHX DE
Langton, Chancellor.Dec. 17.
1292.His origin.

CHANCELLOES AND KEEPEES OF THE GEEAT SEAL FEOM THE DEATH
OF LOED CHANCELLOE BUENEL DUEING THE EEMAINDEE OF THE
EEIGN OF EDWAED I.
On the death of Burnel the Great Seal was, for a short
time. In the keeping of WUUam de Hamilton *, a man of
business and of moderate abUitles, who subsequently became
Chancellor. But if he expected to succeed to the envied
office on this occasion, he was disappointed ; for soon after the
King heard of the loss he had sustained, he named as the
new Chancellor John de Langton, a person who, though
much Inferior to his predecessor, acted a consldefable part in
this and the succeeding reign. He was of an ancient famUy
in Lincolnshire, which produced Cardinal Stephen Langton,
Archbishop of Canterbury, so Illustriously connected with
Magna Charta, and of which Bennet Langton, the friend of
Dr. Johnson, was the representative in the reign of George
III. He early distinguished himself by his talents and in
dustry, and rendered himself useful to Lord ChanceUor Burnel.
Being introduced Into the Chancery as a clerk, he rose to be
Master of the Rolls, and showed qualities fitting him for the
highest offices in the state, t

* There is an entry in the Close Roll, 20 Ed. 1., stating that the Great
Seal was in the keeping of Walter de Langton, keeper of the wardrobe, under
the seal of William de Hamilton ; but it is certain that Hamilton sealed the
writs and'did the business of the Great Seal, which was probably ordered to
be kept in the King's wardrobe under the superintendence of the keeper of the
wardrobe, f The following is a true copy of a letter of congratulation to him on his
appointment as Chancellor, lately discovered in the Tower : —
" Domino 'suo reverendo suus devotus in omnibus si quid melius sit salutem
Immensa Dei dementia quae suse virtutis gratia gratis interdum occurrit homini
non quacsita vos ad regni gubernaculum in regiae Cancellariae officio feliciter
promovit non est diu. Super quo Ei regratior a quo fons emanat indeficiens
totius sapientiie salutaris. Sed ecce Domiue vos qui in parochia de Langeton
originem duxistis sicut placuit Altissimo et ibidem refocillati fuistis maternis
sinibus nutritivis. Q.uee immenso gaudio vos post doloris aculeos pariendi
refocillavit ad honorem Dei et regni gubernaculum quo prseestis in quo ipse
placeat qui vos ad culmen honoris hujusmodi evocare dignatus est ut ei prime

JOHN DE LANGTON, LORD CHANCELLOR. 177
He continued ChanceUor for ten years to the entire satis- chap.
faction of his royal master, who required no ordinary zeal

5con-

and activity In his ministers. Hj^^
Immediately upon his appointment he published an ordi- 'J"<='-
nance in the King's name for the more regular despatch of Ordinance
business, " that In aU future parliaments all petitions shall p^a'tch of
be carefully examined, and those which concern the chancery business.
shaU be put in one bundle, and those which concern the ex
chequer in another, and those which concern the justices In
another, and those which are to be before the King and his
council In another, and those which are to be answered In
another." *
A parliament was called at Westminster soon after, when a.d. 1293.
the new ChanceUor had to begin the session with disposing of ^^'J f
a very novel appeal, which was entered by the Earl of Fife Fife B.King
against Baliol King of Scotland as vassal of Edward King ° "" ^
of England ; — and the question arose, whether the appeal lay ?
This was immediately decided by Lord Chancellor Langton,
with the unanimous concurrence of the Lords, in the affirm
ative ; and the respondent Avas ordered to appear. Formerly
In the English parUaments there had always been placed on
the right hand of the throne, and on the same level with It,
a chair for the King of Scotland, who came to do homage
for Cumberland and hi§ other possessions In England,— as
the Kings, of England did homage to the Kings of France
for Normandy and Guienne. Baliol now claimed the place
and precedence of his royal predecessors ; but the ChanceUor,
in the name of the House, announced the resolution of their
Lordships, " that he should stand at the bar as a private
person amenable to their jurisdiction, and that having been
guilty by his contumacy of a breach of feudal allegiance,
secundario domino Regi et populo complacere possitis ad honorem Jesu Christi,
ut autem ei fiducialius obsequSmini qui vos sic promovit de gratia sua special!
ut ei visceralius obsequamini cum vacare poteritis affectione pleniori portitorium
quoddam non extra septa portarum portantem vobis mitto rogans quatenus
exilitalem tanti munusculi exemplo Catonis placide admittentes servitium
divinum in eodem exercere et discere vobis placeat in honorem illius' qui omnia
creavit ex nichilo et retribntor est universalis bonitatis." — Royal and other
Letters, temp. Edward I. 65. xx. S,
* Claus, 21 Ed, 1. m. 7. This shows the Aula Regia to have become
familiar. '
VOL. I. N

178 REIGN OP EDWARD L
CHAP, three of his principal castles should be seized into the King's
" hands till he gave satisfaction."*

Baliol, seeing the degradation to which he had reduced
himself and his Country, soon after renounced his allegiance
as unlawfully extorted from him, and in the vain hope of
effectual assistance from France set Edward at defiance.
" And now," says Daniel, " began the contests between the
two nations which spilt more Christian blood, did more mis
chief, and continued longer, than any wars that we read of
between any two people In the world, j
Parliament Lord Chancellor Langton had the proud satisfaction of pre-
at Berwick, siding at a parliament held at Berwick in 1296, after Edward
had overrun, and for the time subjugated, Scotland. There he
administered the oaths of allegiance to all the Scottish no
bility, who were reduced to the sad necessity of swearing
fealty to the haughty conqueror, and of binding themselves
to come to his (assistance at any time and place he might
prescribe. But Wallace soon arose ; — Robert Bruce was to
foUow; — and amid the general gloom the Highland seers
could descry In the distant horizon shadows of the glories of
Bannoekburn. We must confine ourselves to events in which Lord Chan
cellor Langton was more immediately concerned. The fol
lowing year Edward, thinking that he had conquered Scot
land, determined to carry on war against France, that he
might take vengeance for the perfidy of the monarch of
that country, by which he asserted he had been tricked out
King goes of Gulenne. Having assembled his fleet and army at Win-
abroad, chelsea, then the great port of embarkation for the Continent,
he hastened thither himself to meet them, accompanied by the
Chancellor, who on board the ship " Edward " delivered the
Great Seal into his own hand as he was setting saU for^ Flan
ders. | The King carried It abroad with him, having appointed «
John de Burstide, who attended him as his secretary, to keep
it. But Langton stUl remained Chancellor, and on his way
back to London, at Tonbridge Castle, another seal was de-

* 1 Pari. Hist. 41.. f Dan. Hist. p. HI.
i Rot. Pat. 25 Ed. 1. ... 2. m. 7. Rot. Claus. m, 7.

*. u. 1297,

JOHN DE LANGTON, LORD CHANCELLOR. 179
livered to him by Prince Edward, appointed guardian of the chap.
realm In the King's absence. ^^'
A parliament was soon after held while the King remained jj. j,. 1297.
abroad, nominally under the young Prince, but actually Parliament
under Langton. Here broke out a spirit of liberty which minster."
could not be repressed, and the ChanceUor was obliged to
aUow the statute to pass both Houses, called " The Confirm- " Confirm
ation of the Charters," whereby not only Magna Charta ^f ™e
and Charta de Foresta were confirmed; but It was Charters."
enacted that any judgment contrary to them should be void ;
that copies of them should be sent to the cathedral churches
throughout the realm, and read before the people twice every
year * ; that sentence of excommunication should be pronoun eed
on all who should Infringe them f ; and that no aids should be
taken without the consent of parliament. |
The statute was In the form of a charter, but the Chan
cellor conceived that he had no power to give the royal
assent by putting the seal to it, and it was sent to Flanders
by messengers from both Houses, to be submitted to Edward
himself. After much evasion and reluctance, he ordered de
Burstide to seal it with the Great Seal which he had brought
along with him.
The King, baffled In his military operations against France,
and alarmed by the news of an Insurrection In Scotland
under Wallace, found it prudent to return to his own domi
nions, and (according to the close Roll), on Friday, the Mth
of March, 1298, he landed at Sandwich from Flanders, and
the next day, about one o'clock, John de Langton, the Chan
cellor, came to the King's bed-chamber at Sandwich, and
there, in the presence of divers noble persons, by the King's
bed-side, he delivered up to the King the seal that had been
used in England during his absence, and the King imme-
• diately after, with his own hand, delivered to the ChanceUor
the Great Seal which he had taken with him to Flanders. §
Edward, having obtained (it is to be feared by the advice t:^^\?^^^[
of the Keeper of his conscience) a dispensation from the Pope super
from the observance of " the confirmation of the Charters" to Chartas."
• 25 Ed. 1. c. 2. t f^- 3- + ^- *• '^- ^- ""'' ®' ^ ^"^'- •'^^¦
K Rot, Pat, 26 Ed. I. mm. 23. 12. in dorso. 26 Ed. 1. Rot. a. a.
^ N 2

180

REIGN OP EDWARD I.

CHAP. XL

Chancellor
elected Bishop of
Ely.

Goes to
Rome.

which he had given his assent when out of the realm, the
Parliament the following year passed the statute of "Articuli
super Chartas *, " which Introduced the new enactment, "that
the commonalty should choose three persone in every county
to be authorised by the King's letters patent under the
Great Seal, to hear and determine such complaints as should
be made of those who offended in any point against the
Charters, as well the King's officers as others, and to punish
them by imprisonment, ransom, or amercement, according to
the trespass." To this statute the King gave his royal assent
in person from the throne, " the ChanceUor and the Judges
sitting on the woolsacks," and from this time no sovereign of
England has denied that the Charters are law, however In
practice they may have been vlolated-f
The Chancellor was now involved in a dispute In which he
was personally interested, and which caused him great trouble
and anxiety for some years. He had not had the good luck
to be promoted to the episcopal bench, — when the see of Ely
becoming vacant, he thought he was secure of It. But whUe
some of the monks voted for him according to the wishes of
the government, others gave their voices for their own Prior,
who; they said, would have much more leisure to attend to
the duties of a faithful overseer of the church of Christ.-
The Court was then at York, the ChanceUor, as usual,
attending the King. He posted off to Lambeth to consult
the Archbishop of Canterbury, leaving the Seal with three
persons, John de Crancombe, John de Caen, and WUUam de
Birlay, to be kept by them in their joint custody on the
King's behalf untU he should return.+ The Archbishop
advised him to proceed in person to Rome, the Prior of Ely
having already appealed to the Pope. Langton, without
resigning his office of Chancellor, had leave of absence to
prosecute his suit, and on the 14th of February, 1299, dell- -
vered up the Great Seal, to be held during his stay abroad,
by John de Burstide as Keeper. He landed at Dover on his
return, on the 1 1 th of June following, and on the 16th of the
same month the Seal was re-delivered to him by the King.§
* 28 Ed, 1, stat, 3, f i Pari. Hist. 43.
J Rot. Pat. 26 Ed. 1. m. 27., and Rot. Claus. 26 Ed. 1. m. 10.
§ Rot. CI. 27 Ed. l.m. n.

tion of
Langton.

JOHN DE .LANGTON, LORD CHANCELLOR. 181
He had not succeeded at the Vatican, notwithstanding aU the CHAP.
Influence exerted In his favour. The Holy Father, taking ^^'
this opportunity to show the plenitude of his power, entirely
set aside the election of the monks, consecrated the Bishop
of Norwich to the see of Ely, bestowed Norwich on the
Prior of Ely, and, by way of consolation to the English
Chancellor, made him Archdeacon of Canterbury.
On the 12th day of August 1302, Langton resigned his Resigna-
office of ChanceUor for some reason not explained to us. This
occurrence certainly did not proceed from a desire to sacrifice
him to a rival, for the King was much perplexed in the ap
pointment of a successor. The Clos6 Roll gives a very cir
cumstantial account of the ceremony of the resignation : —
""Be it remembered that In the SOth year of King Edward,
on Monday after the Assumption of the Blessed Virgin,
about the hour of vespers, in the chamber wherein the King
then lodged, in the Hostel of the Archbishop of York, near
Westminster, immediately after the King rose from Council,
Lord John de Langton, the Chancellor of England, restored
to the King his Great Seal, and the King in the presence of
Amadio Earl of Savoy, John de Bretagne, and divers others
of his council, delivered the same to the Lord John de Dra-
kensford, then Keeper of his wardrobe, to be kept there."*
After a lapse of ten days, the King had not yet made up Adam de
his mind who should be Chancellor, but there being a ne- Keeper of '
cesslty that the judicial business connected with the office ^''^** ^^^'•
should proceed, the Great Seal was given under certain re
strictions into the keeping of Adam de Osgodebey, Master
of the Rolls, of which we have the following entry : — " On
the 23d of August, in the 30th year of the King, in the
King's chamber at Kensington, in the presence of Otho de
Grandison, Amadio Earl of Savoy, John de Bretagne, and
others of the King's Council, the King's Great Seal was de
Uvered by the King's order by the hand of Lord John de
Drakensford, Keeper of the wardrobe, to Lord Adam de Os
godebey, Keeper of the Rolls of the Chancery, who was
enjoined to keep It under the seal of Master John de Caen,

•¦ Cl. Rol. 30 Ed. 1. m. 8.
N 3

182

REIGN OP EDWARD I.

CHAP. XL

A.D. 1302.
WilliamDE GRENE
FIELD;

and the Lords WilUam de Birlay and Robert de BardeUey,
until the King should provide himself with a Chancellor.*
The Seal being so disposed of, the King set forward on his
journey to Dover by the way of Chichester,"
At last, on the SOth of September foUowing, a new Chan
cellor was declared in the person of William de Grene
field, Dean of Chichester. The reader may be gratified
Chancellor. ^,y ^be record of the appointment and InstaUatlon : — "On
Sunday the morrow of St. Michael, In the same year. In the
King's Chapel, at St. Redegund, immediately after mass, in
the presence of Lord John de Drakensford and others, chap
lains and clerks of the said chapel of the King, Lord Adam
de Osgodebey delivered the Great Seal to our Lord the
King, who then received It Into his own proper hands, and
straightway delivered it to Master William de Grenefield,
Dean of Chichester, whom he had chosen for his Chan-
•eellor, to keep, and the said ChanceUor delivered the said
Seal again to the said Adam, to be carried with him the
.said Chancellor to Dover ; and on the same day at Dover,
the Chancellor received It back from the said Adam, and the
next day sealed writs with it in the House of God there."!
Langton, the Ex-chancellor, remained some years without
any promotion ; but In 1305 he was made Bishop of Chi
chester, and he obtained quiet possession of that see, which
he continued to govern with great credit till he was again
restored to the office of Chancellor In the succeeding reign.
William de Grenefield (sometimes caUed Grenevill), now
his successor, was descended from an ancient family In the
West of England, represented by the present Duke of Buck-
inghaiji. He entered the Church when very young, and was
a Canon of York before he was Dean of Chichester. He
frequented the court of Edward I., and had shown qualities
which induced the belief that he would make a useful servant
to the Crown. When raised to his new dignity he Is said to
have been " eminent In counsel, and very eloquent."
He g,nd Edward's other ministers were excessively un-

His family.

* — quousque Dominus Rex sibi de Cancellario providisset. Cl. 30 Ed. 1.
m. 6.
t Cl. Rol. 30 Ed. 1. m, 5.

DE GRENEFIELD, CHANCELLOR. 183
popular. Insomuch that at a parUament called soon after his chap.
appointment, an attempt was made to carry a favourite ^^'
scheme several times brought forward in weak reigns about ,„„„
this period of English History, but which we should not have Attempt in
expected to find proposed to him who had conquered Wales, fo '^'Xe^"*
and led his victorious armies to the extremity of Scotland, — office of
" that the ChanceUor, Chief Justice, and Treasurer should elective. "'
be chosen or appointed by the community of the kingdom."
The King, by the Chancellor's advice, returned for answer, —
"I perceive you would at your pleasure make your King
truckle to you and bring him under subjection. Why have
you not asked the Crown of me also? whilst at the same
time you look upon that as very fit and necessary for your
selves which you grudge me that am your King; for it is
lawful for every one of you, as master of his own family, to
take in or turn out what servants he pleases ; but if I may
not appoint my Chancellor, Chief Justice, and Treasurer, I
wiU be no longer your King : yet If they or any other officers
shall do you any wrong or Injustice, and complaint be made
of It to me, you shall then have some reason to grumble if
you are not righted." This firmness had such an effect, that
the Barons humbly begged the King's pardon for their
presumption.* The only other public matter in which Lord Chancellor Letter to
Grenefield was concerned, was in framing an answer to a letter ""^ ^°P*
^ ^ ^ respecting
which the Pope had written to Edward, remonstrating with indepen-
hlm upon bis invasion of Scotland, and claiming that kingdom g^tf^nd.
as a riofht belonging to the see of Rome ; but his Holiness
was gravely assured that " ever since the coming of Brute
and his Trojans into this Island, Scotland had been under
feudal subjection to the Kings of England, who had fre
quently made gift of It to one of their subjects, and resumed
the gift at their pleasure." The Barons of England, to the
number of 1 12, unanimously concurred In " an address to
the .Pope, devoutly kissing his blessed feet," in which they
told him " that he had no right to interfere In the affairs of
Scotland, which belonged exclusively to the Crown of
* 1 Pari. Hist. 48, 49,
V 4

184

REIGN OP EDWARD L

CHAP. XL

Resigna
tion of De
Grenefield.

His jour
ney to
Rome.

His death.

England." It is curious that although this address was
voted In Parliament and appears on the Parliament RoU, sub
scribed by all the Barons, it is not subscribed by the Chan'-
eellor or any spiritual Peer.
De Grenefield had great reason to avoid appearing too
openly in this controversy, and notwithstanding his caution,
he seems to have given offence to the Roman Pontiff. On
the 4th of December, 1303, he was elected Archbishop of
York, and on the 24th of the same month the royal assent
Was given to his election ; but although he was not liable to
any reasonable objection, the Pope refused to allow his con
secration. Letters and proxies being Ineffectual, the Arch
bishop elect resolved to go in person to Rome ; and, to show
his devotedness to his spiritual duties, he absolutely resigned
the office of Chancellor before his departure.
The journey of the Ex-chanceUor to Rome must have been
very rapid, and the energy of his personal application extra
ordinary, for having delivered up the Great Seal at West
minster on the 29th of December, 1304, he was consecrated
on the 30th of January following, — his representations on
the equity of his case being fortified by a present to the Pope
of 9500 marks. He was admitted to the temporalities of the
see on the 31st of March, 1305 ; but he is said to have been
reduced to such poverty by the exactions of the Court of
Rome, that he was twice forced to have recourse to the clergy
of his diocese for subsistence, first by way of " benevolence,"
and the second time of " subsidy." He is celebrated for his
support of the Knights Templars, then persecuted by the Pope
and PhUip of France. In the year 1311 he sat in the council
of Vienna, called to quiet the disputes whieh then agitated
the church, and representing the clergy of England he was
allowed precedence next after the Prince, ¦ Archbishop of
Treves. He died In 1315.*
During a temporary absence of De Grenefield, when he
had been sent on an embassy, Osgodebey, the Master of the

* While he was Chancellor, the practice was established of members of the
House of Commons being allowed their wages. At the end of the session, writs
out of Chancery under the Great Seal were delivered to them, certifying their
attendance, and requiring the sheriff by assessment to raise the necessary sum
for paying them. — Rolls of Parliament, 33 Edward I.

DE HAMILTON, CHANCELLOR. 185
RoUs, had acted as Keeper of the Seal ; but on his resignation chap.
a new ChanceUor was appointed,— William de Hamilton, ^^- '
Dean of York.*

At the time of his nomination, being absent from court, DeHamil-
the Great Seal was delivered into the King's wardrobe to be '""'' ^^''"¦
kept by John de Burstide; and on the 16th of January fol- "^ °'''
lowing It was delivered to the new Chancellor, who continued
to hold it above two years. Soon after he was appointed
there was an admonition given to him by the King in fuU
parUament (probably in consequence of a petition from the
Commons) against granting letters of protection from suits to
persons absent in Ireland, f
In 1306 the Chancellor put the Great Seal to the famous statute
statute " De TaUagio non concedendo J," framed in the form " ^« 1"^'-
of a charter, which had become necessary from the King, of conc°e-"°"
his own authority, having taken a talliage of all cities, bo- •^e'"*"-"
roughs, and towns, and which finally put an end to the direct
claim of the kings of England to impose any tax, and drove
those who, in future, wished to rule without a parliament, to
resort to such subterfuges as " benevolences," and " ship- '
money." Any credit which De Hamilton might have had in inducing Conviction
the King to agree to this concession was outweighed by the ti^n o^g""
disgrace which he allowed to be brought upon the King and William
* Rot. Claus. 33 Ed. 1. m. 22. " Master William de Grenefield, Canon of
York and the king's Chancellor, being elected Archbishop of York, did in the
king's chamber at Lincoln, on Tuesday next after the feast of the Lord's
nativity, to wit, on the feast of St, Thomas the Martyr, in the thirty-third year
of the king's reign, say to the king before his council, that it behoved him to go
to Rome on the Thursday following relative to the business of the said election,
and begged the king to ordain what was to be done with the Great Seal ; and
the king then nominated and elected William de Hamilton, Dean of York,
Chancellor and Keeper of the Seal, and commanded the Archbishop elect to
deliver the Seal the next day into the wardrobe to Sir John de Burstide, to
remain there under the seals of Sir Adam de Osgodeley, &c., until the arrival
of the new Chancellor ; and the archbishop elect the next day, at the sealing
time, delivered the Seal to the king in bed." On the 16th of January following,
by virtue of a writ of privy seal the Great Seal was delivered to Sir William de
Harpilton, so chosen Chancellor, and the same day after dinner he sealed a writ
for Master William de Grenefield, elect of York, the Ex-chanceUor, — Rot,
Pat, 33 Ed. l.p. I. m.29.*
+ Rot. Pari. 38 Ed. 1. Memorandum quod vj die April, a. 33. Dominus Rex
in pleno parliamento suo apud Westm. inhibuit Wilhilmo de Hamelton, Can
cellario suo ne de cetero concedat alicui literas Regis de protectione in Hibri.
I 34 Ed. 1. 2 Inst. 531. Its genuineness has been questioned, — without
sufficient reason.

186

REIGN OP EDWARD I.

CHAP. XL
Wallace
for treason,
Aug. 1305.

Death of
the Chan
cellor.

April 21.
1307.

Ralph de
Baldock,Chancellor.

the nation from the mock trial and murder of Sir WUliam
Wallace, who, owing no allegiance to the King of England, -
was tried at Westminster under a commission sealed by an
English ChanceUor, and was executed on Tower Hill as a
traitor, for having defended, against a public and oppressive
enemy, the liberties of his native land with signal conduct,
intrepidity and perseverance, entitling him to be placed in the
highest class of heroes and patriots.
De Hamilton did not live to see the effect of this barbarous
policy in the rising of the Scottish nation, headed by Robert
Bruce, — all ready again to brave every danger in the hope of
freedom and vengeance. He died In possession of the office
of ChanceUor on the 20th of April, 1307, while in attendance
on the King near the Scottish border,' — not having reached
any higher dignity In the church than that of Dean of York.
The Great Seal was found in a purse sealed up under the
private seal of the deceased Chancellor. The King Imme
diately declared his resolution to bestow the vacant office on
Ralph De Baldock, Bishop of London, then in the South, and
the following day, as the Great Seal could not be personaUy
delivered to him, his appointment was made out in the follow
ing form : —
" Edward, by the grace of God King of England, Lord of
Ireland, and Duke of Aquitaine, to the Treasurer or his
deputy, and to the Barons of our Exchequer, health. For
asmuch as William de HamUton who was our Chancellor is
now with God, we command and ordain that the Bishop of
London be our ChanceUor, and that he come without delay
to London to our said Exchequer to receive in your presence
our Great Seal, which we now send thither by our dear clerks
Adam de Osgodebey, Master John de Caen, and Robert de
BardeUey. We command you that you cause the said Seal
to be delivered to the said Bishop, and that you receive from
him the oath of office belonging to the said office. Given
under our Privy Seal at CornhUl the 21st day of April, In
the 55th year of our reign."*
" Hereupon on the vigil of the Ascension next following,

» Pas. Commun. 35 Ed. 1. Rot, 46,

DE BALDOCK, CHANCELLOR. 187
Ralph de Baldock, in the Court of Exchequer at West- chap.
minster, before WUliam de Carleton, Baron of the Exchequer,  •'''•
Deputy of the Bishop of Lichfield and Coventry, the King's
Treasurer, then with the King in the Marches of Scotland,
before the other Barons, and also Roger de Braban9on, the
King's Justiciary for Pleas before the King himself, and
Ralph de Hingham, Justiciary of the Bench, took the oath
well and faithfully to demean himself in the office of Chan
cellor, and the impressions of the private seals with which
the purse containing the Great Seal was guarded, being
broken. It was taken therefrom and delivered to the said
Ralph de Baldock, to be kept by him as Chancellor."*
De Baldock, by Industry and ability, had reached his His educa-
present high station from an obscure origin. He studied at ^j^g
Merton College, Ox;ford, and made himself master of all the
learning of the times. He wrote in Latin " Annals of the
English Nation," a work which was praised in his lifetime,
although it has not come down to us. When appointed
Bishop of London, he gained great fame by the splendid
repair of St. Paul's Cathedral at his cost, and It was on this
occasion that the Immense coUectlon of ox skulls were dug
up, which fortified the tradition that here had stood a great
temple of Diana.
Having received the Great Seal he remained stationary. Death of
devoting himself to his official duties, till news reached ^^"^^^ ^¦
London of the death of the King. Edward, at the head of a
mighty army, was marching for Scotland to take vengeance
for the defeat which his General, Aymer de Valence, had
sustained from Robert Bruce, and (as he hoped) finally to
subjugate the Scottish nation ; but he sickened and died at
Burgh on Sands, near Carlisle, on the 7th of July 1307, in July 7.
. . 1307.
the 69th year of his age, and the 35th of his reign.
In the present day such an event as the demise of the
Crown would be known in a few hours all over the kingdom ;
but for a period of eighteen days the news of the death of
Edward I. did not reach the Chancellor in London, who,
down to the 25th of July, continued to seal writs as usual,
* Rot. Fin. 35 Ed. 1. m. 1. Rot. Pat. 35 Ed. 1. m. I.

188

REIGN OP EDWARD I.

CHAP. XL
Accession
of Edward
IL Removal of
de Baldock,

His death.
Jurisdic
tion of
Chancellor
in the reign
of Edw, I,

Improve
ments in
law.'

Gratitude
to law re
formers.

unconscious that a new reign had commenced. Letters of
Privy Seal were then received from the new King, ordering
that his fether's seal should be sent to him under the seal of
the Chancellor, and accordingly he received it Into his own
hands at Carlisle, on the 2d of August.*
His eagerness to change the Chancellor in whom his father
had confided, showed that the influence of personal favourites
was already felt, and was a prelude to his own misfortunes and
the disgrace which he brought upon the country.
De Baldock, freed from the cares of office, spent the re
mainder of his days In the pursuit of literature and the ser
vices of religion. He died on the 24th of July, 1313.
Although we have no trace of the decisions of the Chan
ceUors of Edward I., we know, from recent discoveries In the
Tower of London, that they exercised important judicial
functions both in the King's council and in their own court,
where they sometimes had the assistance of others, and some
times sat alone. No case of importance was teard in the
Council when the Chancellor was absent ; and cases were
referred by the council for his consideration In Chancery,
either by himself, or with the advice of specified persons
whom he was to summon to assist him. Sometimes the sub
ject of these suits was such as would now only be taken cog
nisance of In courts of common law, — as disturbance of right
of pasture; — but others were of a nature that would now be
properly considered in a court of equity, — as assignment of
dower, a discovery of facts by the examination of the defend
ant, and the exercise of the visitatorial power of the Chan
cellor representing the Sovereign.
All writers who have touched upon our juridical history
have highly extolled the legal improvements which distin
guished the reign of Edward I., without giving the slightest
credit for them to any one except the King himself; but if
he Is to be denominated the English Justinian, It should be
made known who were the Tribonians who were employed
by him : and the English nation owes a debt of gratitude to
the Chancellors, who must have framed and revised the sta-

* Rot. Fin. 1 Ed. 2. m. 11.

STATE OP THE" LAW. 189
tutes which are the foundation of our judicial system, — who CHAP.
must, by explanation and argument, have obtained for them ^^'
the sanction of Parliament, — and who must have watched
over their construction and operation when they first passed
Into law. I shall rejoice If I succeed In doing tardy justice
to the memory of Robert Burnel, decidedly the first in this
class, and if I attract notice to his successors, who walked In
his footsteps. To them, too, we are probably indebted for Law books.
the treatises entitled "Fleta*" and "Britton f," which are
said to have been written at the request of the King, and
which, though inferior In style and arrangement to Bracton,
are wonderful performances for such an age, and make the
practitioners of the present day, who are bewildered in the
midst of an immense legal library, envy the good fortune of
their predecessors, who. In a few manuscript volumes, copied
by their own hand, and constantly accompanying them, could
speedily and clearly discover all that was known on every
point that might arise.
We now approach a period when civil strife and national
misfortune suspended all Improvement, and when a career of
faction and violence terminated in the deposition and murder
of the Sovereign. |
* Fleta must have been written after the thirteenth year of the King, and
not much later ; for it frequently quotes the statute of Westminster the second,
without referring to the later statutes of the reign. The title is taken from
its having been written in the Fleet Prison.
f Britton has been attributed to John Breton, Bishop of Hereford ; but this
cannot be correct, for he died in the third year of the King, and the Treatise
quotes the statutes of the thirteenth. It set the example of writing law books
in French, which was followed for four centuries.
^ By the kindness of my friend Mr. T. Duffus Hardy, I am enabled to
present to the reader the following curious specimens from the records in the
Tower, not hitherto made public, of petitions to the Council, and the answers
indorsed upon them in the reign of Edward I.
6 Ed. 1. The Abbot and Convent of Bardney pray the King to have his
Letters Patent of Protection.
Resp. " Veniat ad Cancellariam, ut fiat ei quod graeiose fieri poterit."
6 Ed, 1, Petitions of Edmund, the King's brother,
Resp. " Secunda petitio de Foresta ponatur in respectum usque adventum
« Domini Cancellarii."
6 Ed. 1. Petition of Edmund de Evale.
Resp, " Expectet adventum Cancellarii,"
6 Ed. 1. Petition of the Earl of Oxford.
Resp, " Audiatur in Cancellarii, ut fiat ei justicia."

190 REIGN OP EDWARD I.
CHAP. 18 Ed. 1. Convents of London pray the King to appoint a skilfiil Custos
^j_ over them.
_ Resp. " Preceptum est Cancellario quod provideat de idoneo Custode,"
18 Ed. 1. The King's tenants of Aulton complain that Adam Gordon ejected
them from their pasture, contrary to the tenor of the King's writ.
Resp. " Veniant partes coram Cancellar. et ostendat ei Adam quare
ipsos ejecit, et fiat eis justitia."
18 Ed. 1. The men of Grendon complain to the King, &c.
Resp, " Cancellar. vocat justic, provideat eis remedium, et. aliis in hoc casu
perpetuo duratur,"
33 Ed. I. Petition concerning concealment of Dower.
Resp.  "veniant coram Cancellario et respondeant Regi de concela-
mento et ibi fiat remedium tam pro Rege quam pro Petente,"
S3 Ed. 1 . Petition of the Clerks and Canons of the Free Chapel in the Castle
of Hastings, disputing the claim of Ordinary Jurisdiction by the Archbishop
of Canterbury.
Resp. " Ita responsum est. Vocetur coram Cancellario et audiatur ille qui
sequitur pro Rege."
35 Ed. 1 . Petition of Henry Gare and others,
" Ita responsum est. Quia testatum est per Cancellar. et Clericos Can-
cellar, quod quando, &c."
In the 5 Ed. 1. there is a writ of Privy Seal directed to the Chancellor and
the Master of the Rolls, enclosing a petition, and requiring them to give such
remedy as to them should appear to be consonant to honesty. — Disc, on Jud.
Auth. of M. R. 28.
The ordinance 8 Ed. 1 . requiring that petitions of grace and favour should
first be brought before the King and Council by the Chancellor, shows that he
was still considered as having only a delegated authority in such matters ; but
the statute of Acton Burnel, 1 1 Ed. 1., distinctly recognises the Chancery as a
separate court.

JOHN DE LANGTON, CHANCELLOR. 191

CHAPTER XII.
CHANCELLOBS DUETNG THE EEIGN OF EDWARD 11.
It Is not certainly known from records or otherwise, how the CHAP.
young King disposed of the Great Seal from the time when

he received it at Carlisle tiU his return to London In the juiys.
autumn of the year 1307. He probably carried it with him iso7.
Into Scotland In the short and inglorious campaign which of Ed-
he then made In that country, — forgetting alike what the ¦"*''' ^^¦
exigencies of justice required in his own dominions, and the
dying Injunctions of his father to lead on the expedition with
the utmost energy, and never to desist till he had reduced
the Scottish nation to complete subjection. From the hour
of his accession to the throne, he betrayed an utter Incapacity
for government, and an unconquerable aversion to all serious
business. He seems for a long time to have appointed neither
ChanceUor nor Keeper of the Seal. He retreated without
striking a blow, — disbanded his army, and thought of nothing
but conferring power and places on his favourite. Piers
Gaveston.* Whilst the Barons, from the beginning, showed the utmost •'"'i" de
indignation at the advancement of this upstart, John de chanceUor
Lane'ton, Bishop of Chichester, who had been ChanceUor In *^'= second
_ - ... .,,. ,. time.
the late reign, formed a coalition with him, and in re
compence was restored to his former office. It was thought,
even by the Gascon youth himself, that It would have been
too great an outrage at once to have made him ChanceUor,
although, as we shaU see, he was ere long iatrusted with
the Seal as Keeper.
The two years during which John de Langton was now
"* A charge was afterwards brought against Gaveston of having about this
time put the Great Seal to blank charters, which he filled up according to his
fancy.

192

REIGN OP EDWARD II.

CHAP. XIL

King
abroad.

King goes
to Bou
logne.

King him
self uses
the Great
Seal.

Chancellor, were chiefly occupied with the disputes between
the King and the Barons on account of the preference shown
to the foreign favourite.
Edward continued occasionally to find a respite beyond
sea from the factious proceedings of his native subjects. In
the beginning of 1308, going to Aquitaine, he left the Chan
ceUor guardian of the realm, and deUvered to him a new
seal to be used for certain necessary purposes. The Great
Seal was intrusted to the keeping of WiUiam Melton, the
King's secretary, who accompanied him. On Edward's
return, the Chancellor delivered to him the Seal which had
been In use during his absence, and the King delivered back
to the ChanceUor the Great Seal which he had carried with
him abroad.*
Soon after, the King paid a short visit to Boulogne, when
the Chancellor seems to have accompanied him, for Piers
Gaveston was left with a seal to be used for the sealing of
writs and other necqssary business. In the Close RoU we
have a very circumstantial account of the manner in which
this seal was dealt with In the Court of Exchequer on the
King's return, f
Edward was In the habit of occasionally taking the Seal
into his own custody, and using it without any responsible
adviser. Thus, on the 13th of June, 1308, at the New
Temple in London, the Bishop elect of Worcester, the Trea
surer, ordered the ChanceUor, pursuant, he said, to the verbal
commands he had received from the King, to send the Great
Seal to Windsor by Adam de Osgodebey, — which was ac-

* Rot. Cl. 1 Ed. 2. m. 7.
¦j- " Whereupon William de Melton, controller of the King's wardrobe, came
and brought into the Exchequer the King's Seal used in England at the time
when the King was in foreign parts ; which Seal was used for sealing the writ
that issued out of-the King's Chancery in England, at that time under the teste
of Peter de Gaveston, Earl of Cornwall, then the King's lieutenant in England;
and the said Seal being in a bag or purse of white leather, sealed with the Privy
Seal of John de Langton, Bishop of Chichester, Chancellor of England, was by
him delivered in at the Exchequer in the presence of the Chancellor of the same
Exchequer, and the Barons and the Remembrancer. And straightway the said
Seal, being in the purse so sealed up, was delivered to the Chamberlain of the
Exchequer to be kept in the King's treasury," &c, — 'Hii. Com, 1 Ed. 2. Rot.
40. b. Madd. Exch. 51, 52,

JOHN DE LANGTON, CHANCELLOR. 193
cordlngly done, — and it remained with the King tiU the 20th CHAP,
of the same month, when it was again restored to the Chan- ^^^"

cellor In London. In this Interval, by the personal command
of the King, was sealed the patent appointing Gaveston
Lieutenant of Ireland, contrary to the sentence pronounced
against him In Parliament.*
In May, 1310, John de Langton was obUged to yield to Revolution
the storm raging against him and the favourite. A petition vernment.
was presented In Parliament, which, being backed by an
armed force, was equivalent to a command, praying that
Edward would dismiss bis ministers, and devolve on a junto
the whole authority of the Crown, with power, for a Umited
time, to enact ordinances for the government of the kingdom
and the regulation of the royal household.
Gaveston was banished, and Langton, resigning the Great The Chan-
Seal, retired to his bishopric, f He did not again mix with ".'^''o'" >e-
the factious disputes which long continued to convulse the
kingdom. He seems to have been a man unscrupulous as to ^^^ **-
the means by which he reached power, but, as far as he
thought consistent with the safety of his tenure of it, dis
posed to promote beneficial measures, and to restrain Irregu
larities and excesses In the government. Having assisted the
zeal of the first Edward for the public good, he continued,
while he remained in office, to a certain degree, to mitigate
the son's evil propensities, which produced consequences so
tragical. For some time after Langton's resignation of the Great office of
Seal there was great difficulty as to the disposal of it. As j^''^™" ^"'"'
the person holding it necessarUy came so much into the royal ance.
presence, even the Barons felt a delicacy in putting It into
the bands of any one personaUy obnoxious to the King.
For about two months it remained in the custody of In-
gelard de Warlegh J, with power merely to seal writs with it
In the presence and with the concurrence of three persons
* See Mem. in Cl. R. 1 Ed. 2., which the Chancellor is supposed to have
entered to show that he was not to be considered answerable for Gaveston's
appointment. t May 11. 1310. t I^-ot- Cl. 4 Ed. 2. m. 6.
VOL. T. O

194

REIGN OP EDWARD II.

CHAP. XIL

A.D. 1310.
Walter Revkolds,Chancellor.

Tutor to
Edward IL

His con
duct as
Chancellor.

His resig
nation.

Execution
of Gave
ston, June 12,
1312.

specified ; and then Osgodebey, the Master of the Rolls, held
it for a short time under similar restrictions.*
At last, on the 6th of July, a compromise took place, and
Walter Reynolds was declared Chancellor f, he having on
the occasion advanced 1000/., said to have been lent to the
King, but probably divided between the King and the
Barons. Reynolds, by his parts and address, had gained the favour
of that discerning prince, Edward I., who made him tutor to
his son, a Privy Councillor, and Bishop of Worcester. He
cannot be held accountable for the defective character or
conduct of his royal pupil, who, though he might have been
expected to have inherited great talents from both his
parents, was by nature of an understanding narrow, frivolous,
and Incapable of cultivation or correction. Edward was
nevertheless attached to his preceptor, in spite of profiting so
little by his tuition, and was much gratified by the forbear
ance of the Barons In allowing one he loved to hold the office
which was substantially In their gift.
Reynolds continued Chancellor till the 28th of September,
1311, having twice during that time given the Seal to be
kept by Osgodebey, the Master of the RoUs; — once when he
attended the King to Berwick-upon-Tweed, and the second
time when he went to assist at a general councU of the
western church held at Vienne, in Dauphlny. Soon after his
return he resigned the office of ChanceUor, or, more properly,
he was driven from it by the disputes between the King and
the Barons, which now raged with more violence than ever.
Edward had the indiscretion to recall Gaveston, and again
to load him with favours at court. This proceeding excited
such general disgust, that he was compelled to agree to an
act, to confer permanently upon a committee of Parliament
the power of appointing to all the great offices of state ; —
and Gaveston being taken prisoner,' his head was struck off by
the hand of the executioner.
While these things were going on, the Barons, for expe
diting judicial business, arranged that the Great Seal should

Rot. Cl. 4 Ed. 2. m. 26.

t Ibid.

WALTER REYNOLDS, CHANCELLOR. 195
remain with the Master of the Rolls. Twice the Kins eot chap. XTT
possession of it ; but he was obliged to return it to the same
custody. The unpopular favourite being put to death, the Barons
became more moderate, and there was a reaction In the
nation against a parliamentary commission for carrying on
the government, which, in experience, had always been found
to aggravate the confusion whence It had arisen.
A settlement accordingly took place, upon the under- Reynolds
standing that there should not, for the present, be a Chan- '^^^^I'l^^
cellor, but that the King should appoint a Keeper to do all made
the duties of the office, under the superintendence of three ti,e^Great
persons, to be named by the Barons. Seal.
Walter Reynolds was the new Keeper*, and he is a
singular instance of a person holding the Great Seal with
this title after having held it as " Chancellor," while there
are very many instances of a person holding it as " Chan
cellor" after having held it as "Keeper."
Reynolds was translated from Worcester to the see of
Canterbury, by Papal permission, on the 1st of October,
1313 1; but he had a keen controversy for this dignity with
Thomas Cobham, Dean of Salisbury. He at last prevailed,
and, in April, 1314, he was installed in the archbishopric
with extraordinary magnificence. He still continued Keeper,
with the same restrictions ; the Great Seal being deposited in
a purse, under the seals of the superintendents, and, after
each day's sealing, restored to the purse in their presence.
Intestine feuds now ceased for a time, that the nation a. o. 1314.
might take vengeance on the Scots, who not only had recon- g^"^^ °|[_
quered their own country, but, under Robert Bruce, had made bum.
successful inroads into England, enriching themselves by the
plunder of the northern counties. The Barons, forgetting their
paltry differences about the appointment of the ChanceUor,
rallied round Edward, and he marched to the frontier with
a well-equipped army, amounting to a hundred thousand
* Rot. Cl. 6 Ed. 2. m. 26.
t In December, 1313, Edward went on a pUgrimage to a statue of Our Lady
at Boulogne, still famous. During his absence, the Great Seal remained in the
custody of the Archbishop elect. — B. Cl. 7 Ed. 2.
o 2

196

REIGN OF EDWARD II.

CHAP. XIL

June 18.
1314.Council at
York.

Resigna
tion of
Reynolds.
His sub
sequent career.

His death.

Chancellor
still chief of
Chapel Royal.

men. It Is well known that this expedition ended in the
fatal battle of Bannoekburn, the greatest defeat which Eng
land has sustained since the Norman conquest.
No one had attended the King to the North as Chancellor
or Keeper. Reynolds had remained, with the Great Seal, in
London, but he went to York to be present at the Parlia
ment, or rather Council of the prelates and nobility, which
Edward called on his arrival there, after his precipitate fiight.
However, the nation was in such consternation from their
late calamity, that no business was conducted- at this as
sembly except the exchange of the wife of Robert Bruce
against some English prisoners of war.
Reynolds did not long retain the Great Seal after his
return to the South, having finaUy resigned it on the 26th of
September, 1314.
He Is much blamed for his subsequent conduct. He now
took part with the Court of Rome in Its encroachments on
the prerogatives of the Crown, and he obtained no fewer than
eight bulls from the Pope, conferring upon himself privileges
and jurisdictions of a novel and Invidious nature. But what
was much worse, he took part against the King, his former
pupil, who had treated him with so much personal kindness,
and had exalted him to his present height of greatness. By
abetting the profligate Queen and her associates, he was sup
posed to have hurried the unhappy Edward to his prison and
his grave.
The Ex-chanceUor became more superstitious as he became
more unprincipled, and he Is said to have died of fear, because
the Pope bad threatened him with spiritual censures for
having somewhat irregularly consecrated Berkeley, Bishop of
Exeter, with a view to please the Queen and her favourite.
While he was Chancellor there was published an ordinance
by the King, relating, to the Chapel at Windsor, which shows
that the Chancellor for the time being was still considered
chief of the Chapel Royal, and bound to see that It was pro
vided with proper ornaments,*

* " Et le Chaunceler de Roy, qui quil soit, pur coe quil est chef de la Chapele
nostre Seigneur le Roy face, chescun an un tour illoeges sil puit, pur congie de

JOHN DE SANDALE, CHANCELLOR. 197
On his resignation of the Great Seal he was succeeded by CHAP.
John de Sandale, then Treasurer of the Exchequer, who ^"•
was declared ChanceUor*, and held the office near four vears. 7"'
XT I, J 1 111 John de
Jrie had the good luck to be speedily promoted to the Sandale,
Bishopric of Winchester. Chancellor.
He was present at the parUament held at Lincoln on the
28th of January, 1315, and superintended the judicial business
there transacted— when the Justices of both Benches brought
in briefs of such matters as were properly determinable in
parliament t; but the King himself declared the cause of the
summons to be for advice and assistance against the Scots.
During almost the whole time he was Chancellor, there Keepers of
were concurrently Keepers of the Great Seal, whether to Current"'
assist or control him, may be doubtful. In the entries in the
Rolls, a reason is generally assigned for the appointment of
these Keepers, — as that the Chancellor was going to the Earl
of Lancaster at KenUworth on the King's business, — or was
absent from Court about his election to his diocese, — or was
employed on a foreign mission for the King.
De Sandale at last Incurred the displeasure of Hugh le De Sandale
Despenser, the new favourite, and was removed from the '¦^""'^«<J-
office of Chancellor on the 11th of June, 1318. He lived in
obscurity about two years, and fortunately died before the
transactions occurred which brought such a reproach on the
memory of his predecessor.
Little is to be found respecting his character, conduct or
nostre Seignour le Roy pur veer que la dite Chapele (i. e. de Wyndesor) soit
servie des ornementz," &c. — Ryl. Append, ad Plac. P. p. 535. Anno 6 Ed. 2.
* Rot. Cl. 7 Ed. 2. m. 7.
f An order was made by the Lords that the Chancellor and the other judges
should lay before parliament the cases pending in their courts, which they
cannot decide without parliament  Rolls, i, 350, By another order made at
this parliament, we have great light thrown upon the history of proxies in the
House of Lords. " Et injunctum fuit J obi, de Sandale, Cancellar. quod ipse
reciperet procuratoria et excusationes Prelatorum et aliorum summonitorum ad
dictum parliamentum et non venientium et quod ipse ac alii quos Dns. Rex
sibi assooiaret, ea examinaret et excusationes sufficientes allocarent, dum tamen,
excusantes Procuratores herent sufficientes: et quod nomina non venientium
nee se excusantium nee procuratores destinantium Dno. Regi referrent, ita quod
ipse inde posset pciperer quod deberet." — Rolls, v. 2. p. 350. Other entries
show that the attendance of peers in early times was very strictly enforced, and
that all who were absent without the King's licence were fined. But the King
gave such as he favoured leave to attend by a proxy, who was at first. a stranger,
and afterwards another peer. o 3

198

REIGN OF EDWARD IL

CHAP. XIL
Epicurism
of Lord
Chancellor De San
dale.

John de
Hotham,Chancellor.

Ascen
dency of
Earl of
Lancaster, Oct. 1319.

tastes, except that he appears to have been somewhat of an
epicure. In the 10th year of the King's reign (1316), he
sent two famous poulterers, Adam Fitz Rupert and Thomas
de Duston, into divers parts of the realm to purchase delicate
poultry for his table, and he fortified them with letters patent
of Intendance and safe conduct under the Great Seal, for
which he obtained a warrant under the King's sign-manual*
His successor was John de Hotham, who rose to the
dignity of Chancellor by the successive steps of King's
chaplain. Provost of Queen's College, Oxford, Chancellor of
that University, ChanceUor of the Exchequer, and Bishop
of Ely. He Is said to have been a prudent and pious man,
but of no learning ; yet he now held the office of Chancellor
tlU the beginning of the year 1320, and he was restored to it
at the commencement of the succeeding reign.
During his first Chancellorship he nominally presided at a
parliament held at York, where the Earl of Lancaster, at
the head of a military force, dictated all the laws that were
passed. One of these was, " that the ChanceUor should make
a charter under the Great Seal, absolute and without con
dition, pardoning the Earl of Lancaster himself, and all such
as he should by his letters name to the Chancellor, of all
treasons against the King, and other crimes of which they
might at any time hitherto have been guilty." Here likewise
a parliamentary sanction was given to an indenture which the
King had been forced to sign, providing that two Bishops,
one Earl, one Baron, named by parUament, and one Baron or
Banneret of the family of the Earl of Lancaster acting In his
name, should be present and remain with the King, to de
liberate with and advise him in due manner, ^ — and it was
ordered that this Indenture should be carried by the Chan
ceUor to the Chancery, and enrolled there.f

» Adam filius Roberti et Thomas de Duston, Prelatarii venerabilis Patris
J. Wyntoniensis Episcopi Cancellarii Regis, quos idem Cancellarlus ad prele-
triam pro sustentatione ipsius Cancellarii et Clericorum Regis de eadem Cancel
laria pro denariis ipsius Cancellarii emendam et providendam ad diversas partes
regni mittat, habent literas Regis omnibus ballivis et fidelibus suis, quod eisdem
preletariis in praemissis intendentes sint et respondentes quooiens et quando, &c.,
per unum annum duraturas. T. R. apud Westm, primo die Junii, — Pat,
10 Ed, 2. part ii. m. 10.
t 1 Pari. Hist, 65.

JOHN DE SALMON, CHANCELLOR. 199
WhUe de Hotham continued Chancellor, it Is difficult to CHAP.
say whether he was to be considered the minister of the King ^^^'
or of the Earl of Lancaster. There are three different entries
in the Close Roll of his going from court, being sent by the
King to the Earl of Lancaster, and of the appointment of Keep
ers of the Great Seal in his absence ; but the object of these
missions must have been to receive the commands of the
haughty Baron, who was now master of the kingdom.
A new parUament was held in the beginning of 1320, the P-esigna-
Earl of Lancaster still maintaining his ascendency, — when chancellor.
De Hotham, disgusted with the irksomeness of his position, or
frightened by the perils that were thickening round all who
were connected with the Court, resigned his office of Chan
ceUor*, and withdrew from secular affairs till Edward III.
was placed on the throne.
The new Chancellor was John de Salmon, Bishop of John de
Norwich |, who is stated in the Close RoU to have been chancellor.
"made in full parliament," meaning, I presume, by the body
of the Barons, on the recommendation of the Earl of Lan
caster, — the authority of the committee, which he ruled
by his proxy, being suspended while parliament was sitting,
— although In ordinary times a creation In "fuU parliament"
only means an exercise of the royal prerogative in the pre
sence of the three estates of the realm, for the sake of greater
solemnity, and to do honour to the object of the royal favour.
There was now an interval of tranquillity in England, and a.d. 1320.
the Chancellor went to France with the King, who was gog™"^ "^
summoned to do homage for the Duchy of Aquitaine. The Ffance
Great Seal was not carried abroad with the King as had been ''" '"^"
usual, but was ordered to be kept close in some secure place
during his absence, and the little seal which had been before

* 23d Jan. 1320. ^^. ,
t Rot. Claus. 13 Ed. 2. m. 9. It is there stated that the King had com
manded Hotham not to execute any mandate under the Great Seal, in conse
quence of the messages of any person of whatever rank who might come to him
in his Majesty's name, unless he had verbally, or under the Privy Seal, declared
to him his pleasure thereupon; that on the 23d of January, 1320, the Chancellor
delivered the Great Seal to the King at York, who with his own hands placed
it at the head of his bed, but subsequently intrusted it to three clerks in Chan
cery, and on the following day the Bishop of Norwich, who had been appomted
Chancellor, in fidl parliament received it from the King.
o 4

200

REIGN OP EDWARD II.

CHAP. XIL

Surrender
of Great
Seal by
De Salmon.

July, 1321.
Great Seal
in custody
of Queen
Isabella.

Isabella not
" Lady
Keeper."

used when the King was absent in France, was to be again
used in England while he remained abroad. The Chancellor
sealed up the Great Seal and deUvered It to the King, and
gave the little seal to the Master of the Rolls, to be assisted
by Robert de Bardeley and William de Clyff. He returned
to England in about two months, when the Great Seal was
restored to bim.
He was soon after absent from court visiting his diocese,
and he made a journey to the marches oJ^ Scotland on a
public embassy, on which occasions, by his appointment, the
Master of the Rolls held the Great Seal and acted for him ;
but In the end of July, 1321, being grievously indisposed, he
surrendered the Great Seal to the King, that his majesty
might dispose of it as to him should seem good. The King
forthwith sent it by Richard Camel, his Chamberlain, to the
Queen, with directions that it should remain In her custody,
and that she should deliver it daily to the Master of the Rolls, ^
who should return it to her after each day's sealing. Im
mediately on the Queen's receiving it she delivered it to the
Lady Elizabeth de Montibus, lady of her bed-chamber, to be
enclosed In a casket, and every day on which the seal was re
quired for use, the Master of the Rolls had it from the hands
of the Queen, or the Lady Elizabeth, and returned It to them
to be placed in the casket when the sealing was finished.* But
I cannot fairly include Queen Isabella more than the Lady
Elizabeth de Montibus In my list of " Keepers," whose lives
are to be written, as, unlike Queen Eleanor's, her functions
were merely ministerial ; she had no commission, and she was
not intrusted with any portion of judicial power. I am not
permitted, therefore, to attempt to enliven my tedious nar
rative by entering into the details of her character or her
.actions — her spirit, her enterprise, her deadly antipathies, her
guUty loves, her share In her husband's murder, or her punish
ment by her heroic son.
On the 5th of November the Queen restored the Great
Seal to the King, and It remained a considerable time in his
own keeping ; his majesty Intrusting it daily to persons who

¦* Cl. Rol. 15 Ed. 2.

JOHN DE SALMON, CHANCELLOR. 201
were to use it, and receiving it back from them after each CHAP.
day's seaUng. At the end of some months De Salmon, who ^^'"

mon

March 22.
1322.

was stUl considered Chancellor, having recovered bis health, r)e Sai
returned to Court and resumed the discharge of his duties. ^s^'" ^^^'^
He now took a decided part against the Earl of Lancaster, cellor.
who, become generally odious by his violent and arbitrary Chancellor
conduct, had raised the standard of revolt. The King, acting '^^,']^li
by the Chancellor's advice, displayed more energy and conduct Lancaster.
at this juncturg'than during any other part of his reign. Sud- ¦'^.''""*'°"
denly collecting an army, he marched against the rebels, took Lancaster,
their castles, dispersed their forces, got possession of the person
of Lancaster, tried him by a court-martial, and ordered him
to be led to instant execution.
But the Chancellor in vain attempted to prevail on Edward Edward's
to begin a new plan of government, on the principle of an jo^g'^f ^
impartial administration of justice to all his subjects. The favourites.
banished Spensers were recalled and loaded with new favours.
Not only were the forfeitures of the Lancastrian party be
stowed upon them, but to enrich them, royalist barons were
stripped of manors Inherited from a long line of ancestors,
and the Insolence of the younger Spenser was enflamed by
success to a pitch Insupportable to all who approached him.
The Chancellor, although he had not opposed the recall of Resigna-
the Spensers, whose banishment had taken place under an chancellor
arbitrary ordinance of the Barons, In which neither the Pre
lates nor the Commons bad concurred, strenuously resisted
the Influence they were now acquiring, and their illegal acts
in the King's name. Finding his resistance ineffectual, he
resolved to retire from political life, and his resignation was
hastened by a severe recurrence of his former malady. He
finally resigned the Great Seal on the 5th of June, 1323.*
He died on the 6th of July, 1325, without having violated
his purpose to spend the rest of his days In retirement. He
is chiefly celebrated by his biographers for having built the
hall and chapel of the episcopal palace at Norwich, an.l for
having settled a maintenance for four priests there to pray for
the pardon of his sins. * Rot. Cl. 17 Ed. 2. m. 39.

202

REIGN OP EDWARD II.

CHAP. XIL

A.D. 1323.
ItOEEii'r DE
Baldock, Chancellor.

#

Civil '

A.D. 1326.
Landing of
Queen.

The Spensers now for a time carried every thing their own
way without the slightest check to their authority, and they
appointed for Chancellor one on whose fidelity, pliancy, and
zeal they entirely relied, Robert de Baldock, Archdeacon
of Middlesex.
Dreadful storms were impending, but such tranquillity pre
vailed for a brief space as allowed the usual amusements of
the King to proceed. It Is related that the Court being at
Windsor, and field sports going on in which Ae new Chan
ceUor did not take much delight, he obtained leave from the
King to return home for more suitable recreation. Impatient
to escape, he delivered the Great Seal to the King, whUe his
Majesty was engaged In hunting ; and when the chase was
over it was placed iu the custody of William de Ayremynne,
then keeper of the Privy Seal.* From the 16th of No
vember till the 12th December the Chancellor was absent .
on a journey to York to treat with the Scots, during which
time the Great Seal was In the keeping of Richard de Ay-
.xemynne, who had succeeded his brother WiUiam as Master
of the Rolls, t
Soon after his return the troubles began which terminated
fatally for him as well as his royal master. Those troubles
were mainly caused by the misconduct of Lord ChanceUor
Baldock, who seems to have been a very profligate man,
and to have been unscrupulous in perverting the rules of
justice, regardless of public opinion, and reckless as to con
sequences, so long as he gratified the royal favourites. It
was his maladministration which made the nation blind to the
enormity of the conduct of the Queen, now combined with
Mortimer, her paramour, against the King her husband.
When she landed in Suffolk with her smaU army from
Holland, three prInceS' of the blood, the Earls of Kent, Nor
folk, and Leicester, joined her, with all their foUowers.
Three Prelates, the Bishops of Ely, Lincoln, and Hereford,
brought her both the force of their vassals, and the authority
of their character. She raUIed all ranks round her standard
by the declaration " that the sole purpose of her enterprise
was to free the King and kingdom from the tyranny of the

» Rot. Cl. 18 Ed. 2. m. 38.

t Rot. Cl. 18 Ed. 2. m. 26.

ROBERT DE BALDOCK, CHANCELLOR. 203
Spensers, and above all of their creature Lord ChanceUor chap.
Baldock!" ^^^•

Edward, after ineffectually trying to rouse the citizens of oct. is26.
London to some sense of duty, having departed for the West, The Bishop
where he vainly hoped to meet with a better reception, the beheaded
rage of the populace broke out without control against him ^y *^^ "'°^-
and his ministers. H aving seized the Bishop of Exeter, a loyal
prelate, as he was passing through the streets, — beheaded him,
and thrown his body into the river Thames, — they made
themselves masters of the Tower, in the hope of there finding
the ChanceUor, whom they threatened with a similar fate ;
but he had fled to the King, carrying the Great Seal along
with him.
Before long Edward was a prisoner In KenUworth Castle, Dec. 1326.
and the two Spensers and Lord Chancellor Baldock fell into
the hands of the insurgents. Spenser, the father, without form F^te of the
of trial, was immediately condemned to death by the re
bellious Barons and hanged on a gibbet, his head being *»
afterwards set on a pole, and exposed to the insults of the,
populace. The younger Spenser, the great favourite of the
King and patron of Baldock, was arraigned before Sir Wil
liam Trussel, a Justiciary, and, without witness or proof of
any sort, sentence of death was instantly pronounced upon
him. The learned Judge's address to this prisoner is equally
bitter against the Chancellor, and shows how he would have
been dealt with had he been a layman : —
"Hugh, your father, Robert Baldock, and other false Sentence
traitors your adherents, taking upon you royal power, you SpensCT^'
caused the King to withdraw himself, and carried him out of
the realm, to the danger of his body and dishonour to him
and his people, feloniously taking with you the treasure of
the realm, contrary to the Great Charter. Hugh, all the
good people of the kingdom, great and small, rich and poor,
by common assent do award that you are found as a thief,
and therefore shall be hanged, and are found as a traitor, and
therefore shall be drawn and quartered ; and for that you
have been outlawed by the King and by common assent, and
returned to the Court without warrant, you shall be be
headed; and for that you abetted and procured discord

204

REIGN OF EDWARD II.

CHAP. XII.

ChancellorBaldock
seized by
the mob,
and thrown
into New
gate.

Dies of his
wounds.

Prince Ed
wardchosen Cus
tos of the
kingdom.

Imprison
ment of
Edward II.

between King and Queen, and others of the realm, you shall
be embowelled and your bowels burnt ; and so go to your
judgment, attainted, wicked traitor ! " *
Baldock being a priest, he could not with safety be so
suddenly despatched ; but he was sent to the Bishop of Here
ford's palace in London, and the populace were informed of
his arrival, and reminded of his misdeeds. As his relentless
enemies foresaw, the palace was broken open by a riotous
mob, — he was seized, and, after many indignities, thrown into
Newgate, — where he soon after expired from the cruel usage
he had sustained. There seems a considerable resemblance
between his fate and that of his successor. Lord Chancellor
Jeffreys, at a distance of 360 years; but, though not
chargeable with the same degree of cruelty, his systematic
perversion of justice had excited a still greater degree of
resentment against him, or the rage of the people would have
given way to their reverence for the sacerdotal character.
He had reached no higher dignity In the Church than Arch
deacon of Middlesex. When he received the Great Seal a
few months before, he no doubt confidently expected that he
should long hold it, and that it would lead to the primacy.
On the 20th of October, 1326, the -King having gone
away with Hugh le Despenser to Ireland, and left the realm
without any government, the prelates, earls, barons, and
knights assembled at Bristol, and chose Edward, the King's
son, Custos of the kingdom whilst his father continued ab
sent. On the same day the Prince assumed the government,
and issued the necessary legal proceedings under his privy
seal, " because he had no other seal for the purpose."
When the King returned from Ireland he found himself
already dethroned. The Queen was now In the enjoyment of
supreme power. She kept her husband In close confinement,
hypocritically pretending to lament his misfortunes. She pre
tended to associate the Prince her son with herself in the
government ; and she contrived to get the Great Seal into
her possession, — which considerably facilitated her proceed
ings, for less respect was paid by the multitude to the privy
seal, which she had hitherto used.

* 1 St. Tr. 36.

EDWARD II. DEPOSED. 205
The Bishop of Hereford was sent to the King, at Kenil- chap.
worth, with a deceitful message, to request that he would "
give such directions respecting the Great Seal as were King sends
necessary for the conservation of the peace, and the due '^''^.* ^^^
1 • • • n • • mi T7-. • 1 o . -, 1 '° Queen.
administration ot justice, ihe King, without iriend or ad
viser, said he would send the Seal to his Queen and son,
not only for these purposes, but likewise for matters of grace.
He then handed the Great Seal to Sir WiUiam le Blount,
who, on the 30th of November, delivered it to the Queen
and the Prince ; but the Queen had the uncontrolled domi
nion over It. She pretended to hand It over to Ayremynne,
the Master ¦ of the Rolls, as Keeper, and she employed it to
summon a parliament at Westminster, In her husband's name,
for the purpose of deposing him. According to the tenour of
the writs under the Great Seal, the parliament was to be
held before the King, if he should be present ; and if not,
before Isabel, the Queen- consort, and Edward, the King's
son. The sympathies of the people beginning to be excited in Queen's
favour of the King, and her scandalous commerce with Mor- at\an.
timer being published to the world, she was under some ap
prehension of a counter-revolution; but she uttered a pro
clamation, setting forth the misgovernment of the Spensers
and the late Lord Chancellor Baldock, to the great Injury of
Holy Church and the dishonour of the King and his heirs,
and she gathered a strong army round her to overawe the
metropolis. At the parliament which met on the 7th of January, 1327, Edward IL
no Chancellor was present. Adam de Orleton, Bishop of ^^°^^ '
Hereford, acted as Prolocutor, and put the memorable ques
tion to the assembled Lords and Commons, — "Whether
King Edward the father, or his son Edward, should reign
over them ? "
The articles against the King contained no specific charge
of misrule to give any colour to the proposed deposition, and
no proof was adduced In support of them. Nevertheless, no
one ventured to raise a voice In his behalf; and a deputation
sent to KenUworth extorted from him a resignation of the
Crown. .Then Sir WiUiam Trussel, of whose oratory we

206

REIGN OF EDWARD II.

CHAP. XIL

Murder of
Edward II,

Adam de
Orleton
acts as
Chancellor.
His equi
vocal line
respecting the murder
of the
King.

Origin of
office of
Master of
thc Rolls.

have had a specimen, in the name of the whole ParUament,
renounced their aUegiance in the following form : — "I,
WiUiam Trussel, procurator of the prelates, earls, and barons,
and other people in my procuracy named, having for this full
and sufficient power, do surrender and deUver up to you,
Edward, heretofore King of England, the homage and fealty
of the persons in my procuracy named, 8sc. ; and do make
this protestation in the name of all those that will not, for
the future, be In your fealty or aUeglance, nor claim to hold
any thing of you as King, but account you as a private
person, without any manner of royal dignity."
On the 20th of January, 1327, the deposition of Ed
ward II. being completed, Edward IIL, then a youth of
fourteen years of age, was proclaimed King, and was sup
posed to begin his reign, although It was not till the 21st of
September foUowing that, in Berkeley Castle, were heard the
agonising shrieks caused by the horrid deed of Gournay and
Montravers. Without any formal appointment as Chancellor, after the
death of Baldock, Adam de Orleton, Bishop of Hereford,
must be considered as having acted in that capacity under
the Queen. He Is famous not only for having conducted the
proceedings in parUament on the deposition of Edward, but
for being supposed to have counselled his murder by the
equivocal line which he composed and sent to his keepers,
" Edwardum occidere nolite timere; — bonum est,"
although he contended that his words, by a proper punc
tuation or pause, conveyed a strong injunction against
regicide.* No important change was Introduced Into the law during
the reign of Edward IL, but the institutions of his father
were steadily maintained by his successive ChanceUors, and
having stood the shock of such convulsions, might now be
considered permanently established for the administration of
justice in England. It has been suggested that the office of
Master of the Rolls, so nearly connected with that of Chan
ceUor, was now created, and that William de Ayremynne was

* Edwardum occidere nolite ; — timere bonum est.

ADAM DE ORLETON, CHANCELLOR. 207
the first who bore that title*; but John de Langton had CHAP.
been called " Custos Rotulorum Cancellarias Domini Regis." f ^^^'
Adam de Osgodebey is expressly stated to have filled the
office in the same reign, and as there were clerks in the
Chancery from the most remote antiquity to assist the Chan
cellor, who were afterwards denominated Masters In Chan
cery, I have little doubt that the senior or chief of them had
for ages before had the particular care of the records of the
Court, and being so often intrusted with the custody of the
Seal in the Chancellor's absence, had gradually been permitted
to act as his deputy.
Towards the conclusion of this reign, under Lord Chan- Complaints
cellor Baldock, there were heavy complaints in parUament of J^ent'of'the
the delays of justice, and that when petitions for redress were Court of
presented to parliament, they were sometimes referred to the '^^ ^'
King and sometimes to the ChanceUor, without any thing
being ever done upon them. J
From petitions and answers lately discovered, it appears jurisdic-
that during; this reisn the iurlsdictlon of the Court of Chan- *'"" °^.^^^
, *" -^ ^-^ court m
eery was considerably extended, and the " Consuetudo Can- reign of
cellarise" is often familiarly mentioned. We find petitions '""*'
referred to the Chancellor in his Court, either separately or
in conjunction with the King's Justices or the King's Ser
jeants — on disputes respecting the wardship of Infants,, par
tition, dower, rent-charges, tithes, and goods of felons. The
ChanceUor was In full possession of his jurisdiction over
charities, and be superintended the conduct of coroners.
Mere wrongs, such as malicious prosecutions and trespasses to
personal property, are sometimes the subject of proceedings
before him; but I apprehend that those were cases where,
from powerful combinations and confederacies, redress could
not be obtained In the courts of common law.
There was now and during some succeeding reigns the
exercise of a prerogative of the Crown vested In the Court of
*
* Reeve's Hist, of the Law, vol. ii. p. 362.
t See Discourse on Office of M. R.
{ Et auxint Sire firent vos liges gentz que par la ou ils out bote leur avant
lour petitions au diverses parliamentz des diverses grievances et les unes sont
ajournes devant le Roi, et les autres devant le Chancellier dount nul issue n'est
fait q'il plaise a vautre haute seignurie comander remedie. Resp. II plest au
Roi.— Par, Rol. 19 Ed, 2, i. 430.

208

REIGN OP EDWARD II.

CHAP. XII.
Letters of
marque and
reprisals
granted by
Chancellor,

Year Books-

Chancery, which we should have expected to find reserved
for the King's executive government, viz. the power of
granting letters of marque and reprisals against the subjects
of a foreign state that refused to render justice to the subjects
of the Crown of England.* Thus, in 2 Edward IL, certain
English merchants plundered by Flemish pirates, not ob
taining redress from the Earl of Flanders, they petitioned
the King, and they were referred by him to the Court of Chan
cery, there to pursue their remedy as was accustomed In
similar cases, f Again, in the 8th year of this reign, Adam
le Clerk, having complained that his ship and merchandise
had been captured and carried into the town of Perth In
Scotland, It is ordered that he should apply to the Chaneellor,
and that justice should be done to him according to the
custom of the Chancery. J
Now begins the series of reports of cases decided In the
superior courts, the grand repertory of law in England ; but
the Year Books are now rather curious for their antiquity
than valuable for their contents, being chiefly the notes
taken by the reporters in Court, without being properly di
gested or revised.
In the 9th year of the King, while Sandale was Chancellor,
was passed a statute, still acted upon, by which it was enacted
that Sheriffs Avho were formally, chosen by the freeholders,
should be assigned by the Chancellor and Judges, and the
power of appointing them was vested In the Crown. §
At the close of the reign, at the Parliament held under
Lord Chancellor Baldock, the statute " De Prerogatlva Regis"
was passed, giving to theljing the profits of the lands of
idiots II, the probable foundation of the Lord ChanceUor's
jurisdiction in lunacy under the royal sign-manual,
The only law book imputed to this reign is the "Mirror of

'* It appears from Grotius and Puffendorf, that down to their time letters of
reprisal were considered rather in the nature of a private remedy, and did not
by any means amount to war between two nations. The capture was rather in'
the nature of a security to obtain justice. ^
t Resp. " Adeant Cancellariam et perquirant remedium sicut consuevit fieri
in consimilibus casibus, secundum formam petitionis."
J Resp. " Sequatur in Cancel!, et ostendat processum inde habitum et literas
testimon. si quas habeat de defen. exhibitionis justitise et tunc sequatur secun
dum processum, &c., et fiat ei justitia secundum consuetudinem CancellariEC. "
§ 9 Ed. 2. stat. 2. ' || 17 Ed. 2. c, 9,

STATE OF THE LAW, 209

Justices," which, though often quoted by Lord Coke, Is a chap.
wretched compilation, and shows an increasing degeneracy ^^^"
among English juridical writers. '
The Chancellors were still aU churchmen, as from this Establish

ment of
Inns of

order only good lawyers were selected ; but . there was now
rising up a class of laymen who, devoting themselves to the Court.
study of the municipal law of England, and educated at the
Hostels or Inns of Court (of which Lincoln's Inn then was,
and ever has continued to be, the most eminent*,) were
attracting public consideration and confidence, and from
among whom. In the succeeding reign. Chancellors were
selected, to the great satisfaction of the nation, f
* The Society of Lincoln's Inn was founded in the commencement of this
reign, under the patronage of William Earl of Lincoln, who, for the accommo
dation of the members, gave up to them his hostel, which he held under the
Bishops of Chixshester.
t The recent searches in the Tower of London of that most learned antiquary,
Mr. Duffus Hardy, enable me to present to the public, for the first time, the
following entries, which throw great light upon the proceedings in Chancery
during the reign of Edward II.
8 Ed. 2. i. 293.'' Commonalty of Suffijlk complain to the Council of false
indictments and presentments at Leets.
Respon. " Si aliquis sequi voluerit versus falsos indictatores et procuratores
de falsis indictamentis, sequatur in Cane, et habebit remediium com-
petens.'"
8 Ed. 2. The heirs of Barth de Redham, petition, &c.
Responsum est per consilium. " Veniant querentes in Cane, et habeant
Breve ibidem executoribus Regine ; et mittatur petitio in brevi ; et man-
detur eisdem executoribus, quod ipsis informatis super contentis in
petitione veniant in Cane, et ibidem examinetur negotium : Et si inve-
niatur quod Regina t«ietur in arreragiis contentis, referatur Regi, et R.
fac. justitiam."
8 Ed. 2. i, 315." Henry de Lancaster petitions the Council that the inqui
sitions in Chancery be searched, and that justice be done to him.
Responsum est sic per concilium. ' '' Pi'osequatur in Cancellaria, et vide-
antur Inquisitiones, et ulterius ibi fiat ei justitia prout secundum consue
tudinem Cancellar. fuerit faciend."
8 Ed. 2. i. 325." Idonia de Traynez petitions to recover the wardship of the
son of John Traynez, and of his lands, &c.
Responsum est per concilium. " Liberetur in Cancellaria et in presentia
Cane, Clericorum de Cancellaria et aliquorum justic. ad hoc vocan-
dorum, vocentur et audiantur partes, et fiat eis ibidem justitia," &c.
" 8 Ed. 2. i. 325.'' Robert de Montalt prays a pourparty as one of the heirs of
H. Daubeny, formerly Earl of Arundel.
Responsum est. " Liberetur in Cancellaria petitio, et premuniantur per
Breve de Cane, illi quos negotium tangit, quod sint in Cane, ad certum
diem, et tunc ibi fiat justitia pfato Robert' super contentis in petitione,
secundum consuetudinem Cancellariae."
VOL. I. P

210 REIGN OP EDWARD II.
CHAP. 8 Ed. 2. i. 327." John Gaskirke and other merchants of Barton upon Humber,
XII. complain that their victualling ship for the supply of Berwick upon Tweed,
^____^^ is detained by the constable of Bamburgh Castle.
Responsum est per eoncTilium. " Mandetur Rogero de Horsele nuper
Constabulario, quod sit coram Rege in Cancell. a die Pasch. in tres
septimanas ad respondendum super contentis in petitione. Et mandetur
nunc constabulario quod bona p, pdum, Rogerum sic arestata salvo et
absque distructione, et quousque Rex aliud inde prseceperit, fac. cus-
todiri."
8 & 9 Ed. 2. 1. 339.'' Peter le Surgieh petitions the ChanceUor.
Resp. " Fiat Breve de supersedendo, juxta formam petitionis."
8 & 9 Ed. 2. i. 340." Writ of Dower not available at Common Law,
" Sequatur in Cancell. ubi extenta returnantur, et vocato Edmo, Darel,
visisq. Uteris de concessione illarum decern librarum ; et Jiat sibi ibidem
Justitia, quia non potest juvari per Communem Legem per breve de Dote. "
14 Ed. 2. i. 373." The Chancellor and University of Oxford pray to be
allowed, in default of the Mayor and BaUilT, to assign a place to Merchants
alien for the sale of their wares.
Ita responsum est : " Quia processus super contentis in petitione incoatur
in Cancellar., ponatur ista petitio in eadem placea, et ibi teneatur inde
processus usque decisionem negocii," &c.
They also complain that the Burgesses and Bailiff of Oxford frequently indict
the scholars.
Responsum est, " Si quis se senserit lesum sequatur in Cancellar, quia
remedium ordinatur ibi sufficiens in hoc casu,"
14 Ed. 2. i. 375.'' John de Middleton prays restitution of a rent charge,
Ita responsum est, " Si Ten' non sint in manu dni. Regis, adeat Can-
cellar,, et impetret sibi secundum com. legem,"
14Ed.2. i. 380. Thomas de Mourceaux complains against being compelled
to do service in the court at Barewe, Inquisition oriiei' to be made and sent
into Chancery,
" Issint que resone soit fait."
14 Ed, 2,-i. 380.'' Peter de LuflTenbam pursues a petition touching the King's
right in St. Bartholemew's Hospital, near Oxford.
" Ita responsum est. Sequatur in Cancellar., coram Cancellar, qui racione
officii sui habet se intromittere de statu Hospitalium."'
14 Ed, 2. i. 382. Margaret Merlawe complains that Roger le Chandeler
detains from her an annual rent of two marks,
Responsum est. " Sequatur in Cane, ad com. legem."
14 Ed. 2. Simon de Abingdon and others complain that two vessels, &c., taken
as reprisal, had been unduly restored.
Ita responsum est. " Seit veu en Chancel, les lettres queles le Roi de
France envoya dreyn sur eel matir au Roi, et le Respounds que le Roy
lui fist a celes letres ; et si le temps de respit soit passe, adonq. face le
ChanceUer as Merchants ceo que reson ei ley voillent. "
IS & 16 Ed, 2, i. 391. The Prior of the Trinity, Canterbury, complains of an
infringement of his charter-right to the goods of his under-tenants convicted
of felony,
" Mostre sa chartre en Chancelerie, et le Chanc, apele a lui Conseil s'avise
ceo q. soit mens a fere de ceste besoigne."

PROCEEDINGS IN CHANCERY. 211
15 & 16 Ed. 2. i. 392. !> The Archbishop of York states that all spiritual and rVf AV
religious persons ought to be quit of toll, &c., but the King's bailiifs of Pon- y tt '
tehurgh ( Boroughbridge) demands toll of them. •
" Qui se sentiat esse gravatum adeat Cancell. et heat, ibi remedium con-
suetum." See F. N. B.519. F.&520. note".
15 & 16 Ed. 2. i. 394." Thomas de Corbrigz, parson of the church of Kypax,
complains that certain of his horses and sheep were carried to the Isle of
Haxinholm, and seized there by the bailiflTs of the Earl of Arundel.
" Habeat remedium in Cancel, versus eos qui cepunt, scdm. legem terre, si
voluerit."
15 & 16 Ed. 2. i. 398," Amicia, widow of Richard Fitz Simon, claims the
Manor of Great Dunraow,
" Veniant Recordum et processus Assie. in Cane, et Cane, vocato concilio
habeat avisamentum. "
15 & 16 Ed. 2.fi. 398." Richard de Cave prays restitution of his land.
" Seit le Roy certifie sur la cause, etc. en Chanc, et illoeq. fait dveit."
15 & 16 Ed. 2. i. 399. John de Calewyth gardein Roger Weler.
" Prosequat. in Cancel., et heat, ibi remedium scdm. legem terras."
15 & 16 Ed. 2. i. 402." William Ryggewey prays payment for certain lead
taken up by the Constable of Tykyll Castle.
" Mandet. custod. castri quod certificet in Cane, super causa capcois, &c.
et returnata causa, ulterius fiat justicia eidem in Cane,"
15 & 16 Ed. 2. i. 405." Richard de Bokeland.
" Monstrent fins au Cane, et soit enquis la vite et out. fait ceo q. reson
vult."
15 & 16 Ed. 2. i. 406." Henry de Glastingbury.
" Mostre ceo q'il ad pur ly, et le Roi li fra droit en Chauncelerie. "
15 & 16 Ed. 2. i. 413, Adam Hunteman,
" Sequat, coram. Cancel."
15 & 16 Ed. 2. i. 414. Commonalty of Norfolk and Sniiblk.
" Qui se sentiat esse gravatum prosequat in Cane, et habeat ibi remediimi
ad com. legem."
18 Ed. 2. i. 418." Robert de Haliwell being unable to continue his services
as a Clerk in the Chancery, he prays the King to direct the Chancellor to
give him a vacant benefice.
'¦ Soit bailie au ChanceUer et q'il en cyt regard, et face outre ceo qe il veit
qe face a fere," &c.
18 Ed. 2. i. 419, 420. Robert de Thorp prays the recovery of the moiety of
the Manor of Cawbes.
" Seit ceste peticion bailie au ChanceUer, et appele devant ly ceux du
.Conseil qe veit qe face appeler, et les Sergeantz le Roy, face sur ceste
besoigne ceo qe fait a fere de ley e de reson. "
18 Ed. 2. i. 424. " Commonalty of Nottinghamshire pray that enquiry may be
made into incroachments and exactions on the King's highway between Kelm
and Newin.
" Assignentur certi fideles cum Vicecomite ad inquirend. super contentis
in petitione ; et certificent inde Regem in Cancellar., et ibi fiat qd.
justum fuerit." p 2

212 REIGN OF EDAVARD II.
C HAP, 1 8 Ed, 2. i. 425." Prior of Bridelyngton complains of the Constable of Knares-
XIL borough Castle distraining him for rent of the said manor held in free alms,
^— — — " Assignentur fideles in Cane, ad inquirend. in prsesentia Constabularii
super contentis in petitione veritatem, et retornetur inquis. in Cane,
quia retornata, si comperiatur quod petitio supponit, fiat ulterius justicia
in Cancellar."
18 Ed. 2. i. 428." John de Shirdwell prays against people being continued in
the office of Coroner who have been convicted of perjury.
" Sequatur in Cancellar., et ibi heat, quod justicia," &c.
19 Ed. 2. i. 430." Commons seek redress against the infringements of the
Charters of Forests, and excesses of the officers.
" II plest au Roi, qe les Justices de la Foreste, d'une part et d'autre, et lour
Ministres, soient appellez devant I'evesq. de Loundres, le Chancellier,
Sire Geffroi le Scrof, et Sire Wm. de Herle, et ceux qe se vodront pleindre
de purpris de terre ou de bojs faite en centre reson, et dreit soient oies, et
les justices et lour Ministres soient auxint oyis en lour defense, et droit
soit fait au Roi, et as autres."
19 Ed. 2. i. 430. Commons complain that several persons have been im
prisoned, and their lands seized by accusation, but with due process of law.
" Ceux qi sont pris par tele acusement veignent en Chancellerie, et averont
dreyt. Et desoremes le Roi ne voet pas qe nul home soit pris centre la
leye de sa terre, et si nul sort, sue, et droit lui serra fait.
19 Ed. 2. i. 432. Archbishop of York, Burgesses of Hull trespass on his
rights in the port of Hull. He cftes them in the Court Christian and ex
communicates them. A prohibition to him to take off the said excommuni
cation. Petitions that his rights may be secured, and the said prohibition
repealed. " Veigne en Chancellerie et mestre sa Chartre ; et le Chancellier, apele a
luy conseile, face ceo qe face a faire."
19 Ed. 2. i. 433." Prior and Convent of Hatfield, Broad Oak, pray an inquest
whether the Park is situated within the parish of Hatfield, and whether tithes
of animals depastured therein used to be paid.
" Assignentur fideles, &c.
" Et retornata Inquis in Cane si quis concordet peticioni, fiat ulterius
ibidem justicia.^'
19 Ed. 2. i. 433." Thomas Rente prays redress for the seizure of his ship
laden with coals, by the men of Yarmouth.
Resp. " Videtur concilio, quod executio hujus petitionis spectat ad officium
Cancellarii: Ideo tradatur Cancellario."
19 Ed. 2. i. 435, 436. John de Vaux prays restitution of wardship of Kinfare
Forest, which he had in exchange for the hundred of Bradford, and which
was seized upon his being accused of murder, but was acquitted,
" Veigne en Chauncelerie, et mustre illoges les Chartres q'il ad du Roi de
les eschaunges fetes, &c., et ensement vewe illoges la manere de sa
deliveraunce lui, soit fait droit."
19 Ed. 2. i. 437, Edmund de Grymesby, parson of Preston, complains of six
acres of land free alms of the said church.
" Soict mis en Chauncelerie, et illogees soit droit lait.
1 9 Ed. 2. i. 438 " Walter de Londres.
" Veigne en Chauncellerie, et monstre ses chartres et ceo q'il " pur luy
et droit seit feit."

HENRY DE BURGHERSH, CHANCELLOR. 213

CHAPTER XIII.
CHANCELLOES AND KEEPERS OF THE GEEAT SEAL FEOM THE
COMMENCEMENT OP THE EEIGN OP EDWAED IH. TILL THE AP
POINTMENT OP SIE EICHAED BOUECHIEE, THE PIEST LAT LOED
CHANCELLOE.
The Parliament which continued irregularly to sit under njj^p
writs issued in the name of Edward IL, commenced the new XIII.
reign, by the appointment of a council of regency, consisting
of twelve persons — five prelates and seven temporal peers —

Jan, 25,
1327,
with the Earl of Lancaster as President or Protector; — and John de
Hotham
again

John de Hotham, Bishop of Ely, was called from his retreat
to be made ChanceUor. But he only consented to hold the Chancellor.
office tiU a settlement of the kingdom should take place ; and
he finally resigned it on the 1st of March following.
In this interval acts of parliament were passed Indemni
fying the Queen and her partisans for all they had done, and
enabling them to carry on the government In the name of the
young King. As yet all went smoothly, for he was not of
competent age to understand the wrongs done to his father,
his mother's shame, or the usurpation in his own rights ; and
for some time a good understanding continued between the
Earl of Lancaster and the Queen and her favourite.
Hotham joyfuUy returned to his diocese, where he occu- His death
pied himself In repairing and ornamenting the cathedral, till ^"(.jg^*"^
he was struck with the palsy. After being bed-ridden two
years, he died in 1336. He Is said to have been pious, and
naturally shrewd, though of little knowledge acquired from
books. He is gratefully remembered by his successors in
the see of Ely for the princely munificence with which he
enriched It.
TUl the 12th of May the Great Seal remained in the Henry
keeping of Henry de Clyff, Master of the Rolls ; and on that "= Burg-
p 3

214 REIGN OP EDWARD III.
CHAP, day it was delivered to Henry de Burghersh, or BuR^
^^^^- WASH, as ChanceUor.* He was of noble birth, and nephew
of Bartholemew de BadisUmer, Baron of Leeds, a man of
ChanceUor, great power and fame in the reign of Edward II. Having
been educated at Oxford, —In 1320, whUe yet a young man,
he obtained, through bis uncle's Interest, the rich bishopric of
Lincoln. He soon after quarrelled with the King, and the
temporalities of his see were sequestered. They were re
stored in 1324, and he was again taken into favour at court.
But he subsequently took the Queen's part against her hus
band, and was active in bringing about the ruin of this
unhappy prince. Along with the other chief conspirators, he
was promoted at the commencement of the new reign, and
enjoyed power tiU the young King discovered their plots and
avenged the memory of his father.
New Great The Great Seal of Edward IL, which had likewise been
^^^^ that of Edward I., continued to be used till the 5th day of
October, 1327, when a new Great Seal, with the effigies
and style of Edward IIL, was put into the hands of the
Chancellor, f
The business of the parliament being finished, he accom
panied the Queen mother to Berwick. During his absence
the Seal was left with the Master of the Rolls, and it was
restored to him on his return to court. He went abroad with
the King on the 26th of May, 1329, and returned on the
11th of June following, still confident of continuing pros
perity.
Temporary But the termination of his official career was at hand.
omor-""''' Mortimer, the paramour of Isabella, had quarreUed with the
timer. Earl of Lancaster and the Princes of the blood, and had
made a victim of the Earl of Kent, the King's uncle. For a
short time Mortimer enjoyed a sort of dictatorship. He
threw the Earl of Lancaster into prison, and prosecuted
many of the prelates and nobility. The immense fortunes
of the Spensers and their adherents were mostly converted
to his own use- He affected a state and dignity not Inferior
to the royal. His power became formidable to every one,
? Rot. Cl. 2 Ed. 3. m. 26. f I^*"- CL 1 Ed. 3. m. ! 1.

JOHN DE STRATFORD, CHANCELLOR. 215
and all parties, forgetting past animosities, conspired In a chap.
wish for his overthrow. XIIL

Edward, now In his 18th year, feeling himself capable of Ed^^j^
governing, repined at his insignificance, and resolved to free HI- seizes
himself from the fetters of this insolent minister. By an ex- govern-
traordinary combination of courage and dexterity on the part '"^'"•
of Mortimer's enemies, the minion was seized In the castle of
Nottingham, in an apartment adjoining the Queen-dowager's,
at a moment when he thought himself absolute and perma
nent master of the kingdom.
A parliament was Immediately summoned, before which Nov, 1320,
he was accused of having procured the death of the late j„g^" "''
King, and of various other crimes, and upon the supposed
notoriety of the facts, without trial or hearing his answer, or
examining a witness, he was convicted and executed.
Instead of the Chancellor, the young King himself is said King's
to have made a speech at the opening of this parliament,
complaining much of the conduct of the Queen and Mor
timer, and intimating that, with the consent of his subjects, he
designed to take the reins of government Into his own hands.*
Burghersh, being an ecclesiastic, was safe from corporal Burghersh
punishment, but he was deprived of the Great Seal f, and on
the day before Mortimer's execution It was intrusted to John
DE Stratford |, Bishop of Winchester, by whose advice the
young King had acted In bringing about this revolution.
The Ex-chanceUor died In exile at Ghent about ten years His exile
after. It is said that " he was a covetous man, and easily death.
abused his power to the oppressing of his neighbours." §
The new Chancellor was a native of Stratford in Essex, John de,
from which place he took his name according to the custom '^'^^'^'
i ^ , o FORD,
of the age. He and his brother Robert, of whom we shall Chancellor.
* 1 Pari, Hist. 83.
f One of the charges against him was the abuse of his ecclesiastical patronage.
It seems the livings in the Chancellor's gift were intended as a provision for the
clerks of the different courts of justice who were then all in orders, and that
Burghersh had been iu the habit of selling them or giving them to favourites ;
whereupon an order was made by parliament, that " the Chancellor should give
the livings in his gift rated at twenty marks and under, to the King's clerks in
Chancery, the Exchequer and the two Benches, according to usage, and to
none others." — Rolls 4 Ed. 3., vol ii. 136.
t Rot. Cl. 4 Ed. 3. ra. 20. § See L. C. 26.
p 4

216

REIGN OP EDWARD III.

CHAP, have to speak very soon, were Instances then not uncommon
 ]^_ of persons of talents, enterprise, and perseverance, raising

themselves from obscurity to the highest offices In the state.
and edM^ He studied at O-xford, and there acquired great reputation
tion. for his proficiency In the civil and canon law. It is curious
to observe that the law in those times, not less than in the
present, was the great avenue for new men to political ad
vancement. In the struggle for power which was ever going
on, those who were distinguished for their learning and their
subtlety were found useful to the crown, to the barons and
to the great ecclesiastics — were confidentially employed by
them on occasions of difficulty, and were rewarded with eccle
siastical and temporal offices in which they had often more
influence than the great hereditary nobles.* John de Strat
ford was early promoted to the deanery of Lincoln, and
giving earnest of the talents whieh he afterwards displayed,
he was promoted to the judicial office of Dean of the Arches,
which has continued down to our own times to be filled by
men of the greatest learning and ability. Here he showed
such knowledge of the laws, and such judgment and prudence
in deciding causes, that he was made a Privy CounciUor to
Edward IL, and was admitted to an important share in the
government of the kingdom.
Ambas- In 1323 he was sent ambassador to the Pope, then es-
Popl ° tabUshed at Avignon, to settle various points of controversy
of great delicacy, which had arisen between the Crown of
England and his Holiness. It happened that at that time
the Bishop of "Winchester died, and the Pope, at the earnest
request of the Archbishop of Canterbury, without the sanction
of the King, somewhat Irregularly consecrated his ExceUency
the English minister Bishop of the vacant see.
Baldock, then Lord Chancellor, having Intended this pre
ferment for himself, was mortally offended, and took violent
steps to prevent the new Bishop from deriving any benefit
from the elevation. A very severe proclamation was issued
against Stratford In the name of the King, "so that none
» The two Stratfords, who successively held the office of Lord Chancellor in
the 14th century, may aptly be compared to the two Scotts, Lord Eldon and
Lord Stowell, in the 19th.

JOHN DE STRATFORD, CHANCELLOR. 217
shoiUd harbour or relieve him," and the fruits of the Bishopric CHAP.
were confiscated to the Crown. The Pope and the Arch-  '
bishop, however, still befriended him, and Baldock's influence
declining, he was again taken into favour and employed In
several important embassies. In the last year of Edward II. His rise
he was made Lord Treasurer, and he adhered with great pointed
constancy and zeal to his unhappy master. Probably this Chancellor.
was the reason why, when the regicides were punished
and the youthful Sovereign took upon himself the govern
ment of the realm, Stratford was appointed to the office of
Chancellor. Under his advice the Queen-mother was confined to her Punish-
own house at Castle Rising ; and to prevent her from again Queen
forming a party which might be formidable to the Sovereign, Isabella.
her revenue was reduced to 4000/. a-year, so that she was
never able to reinstate herself in any credit or authority.
Effective measures were taken to restore order and tran- Measures
quilllty throughout the realm. Writs under the Great Seal internal
were directed to the Judges, enjoining them to administer tranquil-
justice without paying any regard to the arbitrary orders
they might receive from any great men •or officers of state.
As robbers, thieves, murderers, and criminals of all kinds, had
during the late convulsions multiplied to an enormous degree,
and they sometimes enjoyed high protection, a promise was
exacted from the Peers in parliament that they would break
off all connection with such malefactors ; and the ministers of
justice were urged to employ the utmost diligence In dis
covering, pursuing, and punishing them.
There was likewise Introduced about this time a great im- Court of
provement in the administration of justice, by rendering the becomes'^
Court of Chancery stationary at Westminster. The ancient stationary.
kings of England were constantly migrating, — one principal
reason for which was, that the same part of the country, even
with the aid of purveyance and pre-emption, could not long
support the Court and all the royal retainers, and the render
in kind due to the King could be best consumed on the spot.
Therefore, if he kept Christmas at Westminster, he would
keep Easter at Winchester, and Pentecost at Gloucester,
visiting his many palaces and manors in rotation. The

218

REIGN OF EDWARD III.

CHAP. XIIL

Blarble
chair and
table in
Court of
Chancery.

Aula Regis, and afterwards the courts into which It was
partitioned, were ambulatory along with him — to the grestt
vexation of the suitors. This grievance was partly corrected
by Magna Charta, which enacted that the Court of
Common Pleas should be. held "in a certain place,"- — ^a
corner of Westminster Hall being fixed upon for that purpose.
In point of law, the Court of King's Bench and the Court of
Chancery may stUl be held in any county of England, —
" wheresoever in England the King or the Chancellor may
be." Down to the commencement of the reign of Edward III.,
the King's Bench and the Chancery actually had continued
to follow the King's person, the ChanceUor and his officers
being entitled to part of the purveyance made for the royal
household. By 28 Edw. I. c. 5., the Lord Chancellor and the
Justices of the King's Bench were ordered to follow the King,
so that he might have at all times near him sages of the law
able to order all matters which should come to the Court.
But the two Courts were now by the King's command fixed
In the places where, unless on a few extraordinary occasions,
they continued to be held down to our own times, at the
upper end of Westminster Hall, the King's Bench on the left
hand, and the Chancery on the right, both remaining open to
the Hall, and a bar being erected to keep off the multitude
from pressing on the Judges.
The Chancellor, on account of his superior dignity, had
placed for him a great marble table, to which there was an
ascent by five or six steps, with a marble chair by the side of
it. On this table writs and letters patent were sealed in the
presence of the Chancellor sitting In the marble chair. Here
he received and examined the petitions addressed to him.
On the appointment of a new Chancellor, he was inaugurated
by being placed in this chair.*
* The marble table and chair are said to have been displaced when the Court
was covered in from the Hall. But till the Courts were finally removed out
of Westminster Hall, there were easy means of communication between the
Chancery and King's Bench, which enabled Sir Thomas More to ask his father's
blessing in the one Court before he took his seat in the other; and I myself
remember, when a student of law, that if the Chancellor rose while the King's
Bench was sitting, a curtain was drawn and the Judges saluted him. — Orig.
Jurid. tit. " Chancery," In the " Lives of Lord Clarendon, &c.," published in
171'-', it is said, " This marble table is now covered with the Courts there
erected, to which there are four or five steps to go up."

JOHN DE STRATFORD, CHANCELLOR. 219
John de Stratford continued Chancellor under his first CHAP.
appointment nearly four years, during which time he appears ^^'^¦
to have been almost constantly absorbed in political business,
and to have hardly ever attended personally to the judicial
duties of his office. From the 4th to the 20th of AprU, 1331,
he was In Normandy with the King.
In the year 1331, a parliament met at Westminster, the A parlia-
day after Michaelmas day. The .Chancellor declared the '"^"*"
cause of the summons, and applied himself to the prelates,
earls, and barons for their advice, whether they thought it put to par-
best for the King to proceed by war or by an amicable treaty !j^™p?* ^^
with the King of Erance for the restitution of Aquitaine?* cellor.
The parliament agreed to the latter as the least dangerous
process, and the Chancellor, accompanied by the Bishops of
Worcester and Norwich, and others, went on an embassy to
the court of France for this purpose. They set sail on the,
21st of November, and succeeded in preserving for a time the
relations of amity between the two nations.
The Chancellor's return is not recorded, but It must have Chancellor
been before the 12th of March in the following year, for on fro^ em-
that day a new parliament was opened at Westminster by a bassy.
speech from him. In which he Intimated that the King wished a. d. 1332.
for the advice of the parUament " whether he should comply
with a request from the King of France and many other
kings and princes, to accompany them to the Holy Land
against the common enemy of Christendom ? " f A subject of
greater urgency on which the advice of parliament was asked
was, " whether the King might go over to the French court
to settle in person the differences between the two crowns ? "
Edward had begun to talk of his preposterous claim to the
throne of France through his mother Isabella, and PhlUp de
Valois had threatened to declare forfeited all the fiefs which
Edward held in France, as Edward, questioning his title, had
declined to do homage to him as his liege lord. It is remark
able that after the Chancellor's oration. Sir Jeffrey Scroop,
by the King's command and m his presence, harangued the
* 1 Pari. Hist. 88. t 1 Pa^'- Hist. 89.

220

REIGN OP EDWARD III.

CHAP. XIIL
Separation
of Lords
and Com
mons.
A. u. 1331.

Great in
fluence of
parliament under Planta
genets.

Chancel
lors' speech
on meeting
of new par
liament.

parliament, and enforced the topics on which the ChanceUor
had dwelt.
The Lords and Commons objected to the expedition to the
Holy Land ; but consented to the proposed meeting with the
French King. It is remarkable that the knights, citizens,
and burgesses withdrew to a separate chamber to deliberate,
and that this is the first instance of their doing so. There
seemed then a probability, that there might have been three
houses of parliament, one for each of the three estates of the
realm, as there always had been in France till the memorable
meeting of the States General at Versailles in 1789, for the
Lords spiritual likewise on this occasion retired to a separate
chamber, and came in the first Instance to a separate vote,
although all the branches of the legislature were finally
unanimous In the advice they gave.*
We may remark as we pass, that notwithstanding the great
jealousy afterwards displayed by the Tudor sovereigns of
parliament ever interfering with the functions of the excQu-
tive government. In the time of the Plantagenets nothing
was more common than for the King expressly and specifically
to consult parliament on questions of peace and war, and
even as to the manner in which war was to be carried on.
It was probably found that lOths and 15ths were more
readily voted from this seeming cordiaUty and confidence,
and privilege had not yet acquired any Independent sway by
which it seemed likely ever to become formidable to pre
rogative. Edward called another parliament to meet on the 9th of
September, 1332, where Lord Chancellor Stratford declared,
"that the cause of their meeting was about the affairs of
France and the King's expedition thither, and to put an end
to the success his enemies gained in those parts." f The
Lords and Commons did each by their several petitions advise
the King not then to go Into France, but to use aU his efforts
to bring to a conclusion the war that had broke out with
Scotland after the death of Robert Bruce, and the attempt of
Edward BaUol on the Scottish crown. This war lasted till

» Pari Hist. 91.

t Ibid.

RICHARD DE BURY, CHANCELLOR. 221
after the termination of John de Stratford's first chancellor- chap. ¦V TTT
ship. Such satisfaction had he given to the King up to this  '
time, that in the beginning of 1334 he was raised to the
metropolitan see of Canterbury.
Being so much occupied with political and ecclesiastical Keepers of
. Great Seal
affairs while he retained the office of Chancellor, he intrusted appointed
the custody of the Great Seal successively to Robert de ^y *''^
Stratford his brother, to Henry de Clyff, M. R., to William
de Melton, Archbishop of York, and for a short time jointly
to Henry de Edenstowe, Thomas de Baumburgh, and John
de St. Paul, probably masters In Chancery, and these persons
sealed writs and charters, and despatched the other business
of the court. The fees of the office, as was usual when the
custody of the Great Seal was thus deputed, were brought to
the credit of the absent Chancellor.*
On the 28th of September, 1334, Archbishop Stratford Rich.^rd
ceased to be Chancellor (whether from any quarrel with the chMcellor
King we are not informed), and the office was conferred on
Richard de Bury, Bishop of Durham f, one of the most
eminent scholars and wits who cast a lustre on the reign of
Edward IIL, and made It distinguished for literature as well
as for military glory. From a most interesting book written
by this estimable man, which is a sort of autobiography, his
" Philobiblon," we are made familiarly acquainted with His famUy.
his history, his habits, and his character. He was born In
the year 1287, In the house of his father, near Bury St.
Edmunds.:^ Although the son of Sir Richard de AngravIUe,
of an ancient knightly family, he, according to the custom of
the age, took his name from the place of his birth. Having
lost his father when very young, he was educated by his

* Among these was a very liberal supply of wine from the King's vineyards
in Gascony. In the Close Roll, 3 Ed. 3. we find the following memorandum
respecting what was to be done by the customer of Southampton : — " Quod de
vino banco Regis liberan. sex dolia et quatuor pipa." The few bottles of
Constantia, till very lately given by the Crown to the Chancellor and the other
great officers of state, may be considered the last remnant of such gratuities.
While Stratford was Chancellor, it was resolved in parliament " that the
Chancellor is the Ordinary of the free chapels of the King, and that it belongs
to him to visit them by virtue of his office." — Rolls, 8 Ed. 3. vol. ii, p. 77.
t Rot. Cl. 8 Ed. 3. m. 10.
I " In quadam villula." Angl. Sac. vol ii. p. 765,

222

REIGN OF EDWAfiD III.

CHAP. XIIL
Education.

His college
Ufe.

Tutor to
EdwardIII. when
prince.

maternal uncle, a priest, descended from the noble house of
WlUoughby. He studied at Oxford, where he gained great
•distinction from his proficiency both in phUosophy and di
vinity, and was eminent at once for the brilliancy of his
conversation and the sanctity of his life.
In the work referred to, which was the amusement of his
old age, he gives a deUghtful picture of his college days,
showing the enthusiasm with which he had sought improve
ment.* " From an early age we attached ourselves with
most exquisite solicitude to the society of masters, scholars,
and professors of various arts, whom wit and learning had
rendered most conspicuous ; — encouraged by whose agreeable
conversation, we were most deliciously nourished, sometimes
with explanatory examination of arguments, at others with
recitations of treatises on the progress of physics — as it were
with multiplied and successive dishes of learning. Such
were the comrades we chose In our boyhood ; such we enter
tained as the inmates of our chambers and the companions of
our journies ; such the messmates of our board, and such our
associates in ..all our fortunes, "f
Being considered a very accomphshed scholar, he was
selected as tutor for Edward III. when Prince of Wales,
and to him may be traced the love for literature and the
arts displayed by his pupil when on the throne. He was
rewarded with the lucrative appointment of treasurer of
Gascony. When the civil disturbances arose towards the end of the
reign of Edward IL, he took part with the Queen, and sup
plied her with nioney out of the royal revenue, which she
made use of to the prejudice of her husband. He was ques
tioned for this during the ascendancy of the opposite faction,
and having fled to Paris, and being demanded from the French
government, it Is said that he was glad to hide himself for
several days in the belfry of a church there.

* It is written in very indifferent Latin. I have chiefly followed an English
translation published anonymously in the year 1832; printed for that very
learned and worthy bookseller, my friend, " Thomas Rodd, Great Newport
Street." t Phil. ch. viii.

RICHARD DE BURY, CHANCELLOR. 223
When his royal pupil wore the crown, he was rapidly pro- chap.
moted both in the state and the church, being first appointed ^^^^'
cofferer to the King, then treasurer of the wardrobe, and soon Z^- '¦
f. , His rise on
after keeper of the Privy Seal. This office he held five years, accession of
during which time he twice visited Italy, made the acquaint- in^*'^'*
ance of Petrarch, and was treated with great honour and
distinction by the Supreme Pontiff, John XXIL, who nomi
nated, him chaplain to his principal chapel, and took upon
himself to appoint him, by a special bull, to the first see which
should become vacant In England.
From the offices and preferments he already enjoyed, he His splen-
was enabled to display great magnificence and splendour; ^""j^tof
and when he appeared In the presence of the Pope or Car- Rome,
dinals, he was attended by twenty Clerks and thirty-six
Esquires, attired in the most expensive and sumptuous gar
ments.* Soon after, the see of Durham became vacant, and the Bishop of
Prior and Chapter elected as bishop, Robert de Greystones, Durham.
a monk and subprior of Durham, who was actually conse
crated by the Archbishop of York. But at the request of
the King the election was set aside by the Pope, de Bury
was substituted, and on the 19th of December, 1333, the
ceremony of his consecration was performed by the Arch
bishop of Canterbury. The following year he was personally
installed at Durham. On this occasion he gave a magnificent
entertainment to the King and Queen, her mother, and the
King of Scotland, at which were present two archbishops,
five bishops, seven earls and their countesses, and all the
nobility north of Trent, besides a great number of knights
and esquires, and also many abbots and other ecclesiastics.
Soon after this he was raised to the dignity of Chancellor. Sept, 28,
We have no account of his procession to Westminster, or of
the festivities on his being seated in the marble chair at the
upper end of the. hall, but we need not doubt that they were
distinguished by their taste and sumptuousness.
De Burt filled the office of Chancellor only from the 28th
of September, 1334, to the 5th June, 1335, when he ex-
* His last journey to Rome is said to have cost him 5000 marks.

A,D. 1334,

224

REIGN OP EDWARD III.

CHAP. XIIL
His con
duct as
Chancellor,
A parlia
ment.

Ambas
sador to
Paris,

His retire
ment.

changed it for that of Treasurer. During this Interval he
held the Great Seal himself, and did all the duties belonging
to it, without the assistance of any Vice-chancellor, and he
seems to have given satisfaction to the public.
A parliament met at Whitsuntide, and he presided at it ;
but we cannot celebrate him as a legislator, for at this par
liament only one act passed, which was "to regulate the
herring fishery at Yarmouth ; " and the time was occupied
In obtaining a supply to enable the King to carry on war
against the Scots. Edward having gained the battle of
HalUdown HiU, In which Douglas the Scottish leader fell,
was sanguine in the hope of being able to reduce the whole
of Scotland to subjection ; but he was soon driven back by
the sjririt which had baffied all the efforts of his father and
grandfather, and he came to the conclusion that he must look
out for an easier field in which he might gain distinction as a
conqueror. De Bury went thrice to Paris as ambassador from Edward
to the King of France respecting his claim to the crown of
that country, and afterwards visited Antwerp and Brabant,
with a view of forming aUIances for the coming contest.
.But before the French war had made much progress he
resigned the Great Seal, and retired from public life.
He now shut himself up In his palace at Bishops Auck
land among his books, which he preferred to all other human
enjoyments. He employed himself ardently in the extension
of his Ubrary, which, whether out of compliment to him, or
as a satire on his brother ecclesiastics, was said to " contain
more volumes than those of all the other bishops in the king
dom put together." By the favour of Edward he gained
access to the Ubrarles of all the great monasteries, where he
shook off the dust from volumes preserved in chests and
presses, which had not been opened for many ages. Not
satisfied with this privilege, he extended his researches by
employing stationers and booksellers, not only in England,
but also in France, Germany, and Italy, regardless both of
expense and labour.*

Pecuniam lato corde dispersimus, nee eos (sc. librarios et stationarios)

RICHARD DE BURY, CHANCELLOR. 225
To solace his declining years, he wrote the "Philobiblon," chap.
in praise of books ; a treatise which may now be perused

with great pleasure, as it shows that the author had a most PhUobi-
Intlmate ~acqualntenance with the classics, and not only a i>ion.
passion for books exceeding that of any modern collector,
but a rich vein of native humour which must have made
him a most delightful companion.
An extract from chapter vIII., entitled " Of the numerous
Opportunities of the Author of collecting Books from all
Quarters," may bring some suspicion upon his judicial
purity; but the open avowal of the manner in which his
library was accumulated proves that he had done nothing
that would not be sanctioned by the public opinion of
the age.
" While we performed the duties of Chancellor of the most ^'^ i"'"' of
•11 1 -n 1 • T^- p HI 1 1 books, and
invincible and ever magnificently triumphant King of England, mode of
Edward IIL, (whose days may the Most High long and j,""^''''"^
tranquilly deign to preserve !) after first inquiring into the
things that concerned his Court, and then the public affairs
of his kingdom, an easy opening was afforded us, under the
countenance of royal favour, for freely searching the hiding-
places of books. For the flying fame of our love had already
spread in all directions, and it was reported not only that we
had a longing desire for books, and especially for old ones, but
that any body could more easily obtain our favour by quartos
than by money. Wherefore, when supported by the bounty
of the aforesaid Prince of worthy memory, we were enabled
to oppose or advance, to appoint or discharge ; crazy quartos
and tottering folios, precious however in our sight as weU as
in our affections, flowed In most rapidly from the great and
the small, instead of new-year's gifts and remunerations, and
instead of presents and jewels. Then the cabinets of the
most noble monasteries were opened ; cases were unlocked ;
caskets were unclasped ; and astonished volumes which had
slumbered for long ages In their sepulchres were roused up,
and those that lay hid in dark places were overwhelmed with
ullatenus impedivit distantia, neque furor maris absterruit, nee eis aut ses pro
expenso deficit, quin ad nos optatos libros transmitterent vel afferrent. Sciebant
enim pro certo, quod spes eorum in sinu nostro reposita defraudari non poterat,
sed restabat apud nos copiosa redemptis cum usuris.
VOL. I. Q

226 REIGN OP EDWARD III.
CHAP, the rays of a new light. Books heretofore most delicate, now
 '__ become corrupted and nauseous, lay lifeless, covered Indeed
with the excrements of mice, and pierced through with the
gnawing of worms; and those that were formerly clothed
with purple and fine linen, were now seen reposing In dust
and ashes, given over to oblivion, the abodes of moths.
Amongst these nevertheless, as time served, we sat down
more voluptuously than the delicate physician could do amidst
his stores of aromatlcs ; and where we found an object of love,
we found also full enjoyment. Thus the sacred vessels of
science came Into our power — some being given, some sold,
and not a few lent for a time.*
" Without doubt, many who perceived us to be contented
with gifts of this kind, studied to contribute those things
freely to our use. We took care, however, to conduct the
business of such so favourably, that the profit might accrue
to them : justice therefore suffered no detriment.
" Moreover, if we would have amassed cups of gold and
silver, exceUent horses, or no mean sums of money, we could
In those days have laid up abundance of wealth for ourselves ;
but indeed we wished for books, not bags; we delighted
more in folios than florins, and preferred paltry pamphlets to
pampered palfreys.
" In addition to this, we were charged with the frequent
embassies of the said Prince, of everlasting memory, and,
owing to the multiplicity of state affairs, were sent first to
the Roman Chair, then to the Court of France, then to
various other kingdoms of the world, on tedious embassies
and In perilous times, carrying about with us, however, that
fondness for books which many waters could not extinguish,
for this, like a certain drug, sweetened the wormwood of
peregrination ; this, after the perplexing intricacies, scru-
* A modern deceased Lord Chancellor was said to have collected a very
complete law library by borrowing books from the bar which he forgot to
return. If so, he only acted on the maxims of his predecessor De Bury :
" Quisquis theologus, quisquis legista peritus
Vis fieri ; multos semper habeto libros,
Non in mente manet quicquid non vidimus ipsi,
Quisque sibi libros vendicet ergo. Vale," — p, 151.

-lilCHARD DE BURY, CHANCELLOR. 227
pulous circumlocutions of debate, and almost Inextricable chap,
labyrinths of public business, left an opening for a little  '
while to breathe the temperature of a milder atmosphere,
O blessed God of gods in Sion ! what a rush of the flood of
pleasure rejoiced our heart as often as we visited Paris, the
paradise of the world ! There we longed to remain, where,
on account of the greatness of our love, the days ever ap
peared to us to be few. In that city are delightful libraries
In cells redolent of aromatlcs; there flourishing green-houses
of all sorts of volumes ; there academic meads trembling with
the earthquake of Athenian peripatetics pacing up and down ;
there the promontories of Parnassus, and the porticos of the
Stoics. There, in very deed, with an open treasury and
untied purse-strings, we scattered money with a light heart,
and redeemed Inestimable books from dirt and dust.
" Again. We will add a most compendious way by which
a great multitude of books, as well old as new, came into our
hands. Never indeed having disdained the poverty of re
ligious devotees, assumed for Christ, we never held them in
abhorrence, but admitted them from aU parts of the world
into the kind embraces of our compassion ; we allured them
with most familiar affability into a devotion, to our person,
and, having allured, cherished them for the love of God with
munificent liberality, as if we were the commoq, benefactor of
them all, but nevertheless with a certain propriety of patron
age, that we might not appear to have given preference to
any, — • to these under all circumstances we became a refuge ;
to these we never closed the bosom of our favour. Where
fore we deserved to have those as the most peculiar and
zealous promoters of our wishes, as weU by their personal as
their mental labours, who, going about by sea and land, sur
veying the whole compass of the earth, and also inquiring
Into the general studies of. the Universities of the various
provinces, were anxious to administer to our wants, under a
most certam hope of reward.
" Amongst so many of the keenest hunters, what leveret
could lie hid ? What fry could evade the hook, the net, or
the trawl of these men? From the body of divine law,
« 2

228

EEIGN OP EDWAED III.

CHAP. XIIL

His en
couragement to the
study of
Greek.

His de
scriptionof the bad
usage of
books.

down to the latest controversial tract of the day, nothing
could escape the notice of these scrutlnlsers. If a devout
sermon resounded at the fount of Christian faith, the most
holy Roman court, or if an extraneous question were to be
sifted on account of some new pretext; if the dulness of
Paris, which now attends more to studying antiquities than
to subtly producing truth; if English perspicacity overspread
with ancient lights, always emitted new rays of truth —
whatsoever It promulgated, either for the increase of know
ledge or in declaration of the faith — this, whUe recent, was
poured into our ears, not mystified by imperfect nar
ration nor corrupted by absurdity, but from the press of the
purest presser it passed, dregless. Into the vat of our me
mory."* He does not himself seem to have been much acquainted
with Grecian lore, but he was fuUy convinced of its value,
and he says, that " ignorance of the Greek language is at
this day highly injurious to the study of Latin authors ; with
out it, neither Gentile nor Christian writings can be fully
comprehended. Wherefore, we have taken care to provide
for our scholars a Greek as weU as a Hebrew grammar, with
certain adjuncts, by the help of which, studious readers may
be instructed in writing, reading, and understanding those
languages, although hearing them spoken can alone give a
perfect knowledge of their Idiom."
He Is nowhere more entertaining than in describing and
reprobating the ill-usage to which the clasped books of his
time were liable : " You wUl perhaps see a stiff-necked youth,
lounging sluggishly In his study : while the frost pinches him
in winter time, oppressed with cold, his watery nose drops, —
nor does he take the trouble to wipe it with his handkerchief
till it has moistened the book beneath It with its vUe dew.
For such a one I would substitute a cobbler's apron in the
place of his book. He has a nail like a giant's, perfumed
with stinking ordure, with which he points out the place of
any jjleasant subject. He distributes innumerable straws in

Pp. 50—56.

RICHARD DE BURY, CHANCELLOR. 229
various places, with the ends in sight, that he may recall by chap.
the mark what his- memory cannot retain. These straws, Xlil.
which the stomach of the book never digests, and which no
body takes out, at first distend the book from its accustomed
closure, and being carelessly left to oblivion, at last become
putrid. He is not ashamed to eat fruit and cheese over an
open book, and to transfer his empty cup from side to side
upon it : and because he has not his alms-bag at hand, he
leaves the rest of the fragments in his books. He never ceases
to chatter with eternal garrulity to his companions ; and while
he adduces a multitude of reasons void of physical meaning,
he waters the book, spread out upon his lap, with the sputter
ing of his saliva. What is worse, he next recUnes with his
elbows on the book, and by a short study invites a long nap ;
and by way of repairing the wrinkles, he twists back the
margins of the leaves, to the no small detriment of the volume.
He goes out in the rain, and returns, and now flowers make
their appearance upon our soil. Then the scholar we are
describing, the neglecter rather than the inspector of books,
stuffs his volume with firstling violets, roses, and quadrifoUs.
He wUl next apply his wet hands, oozing with sweat, to
turning over the volumes, then beat the white parchment all
over with his dusty gloves, or hunt over the page, line by
line, with his fore-finger covered with dirty leather. Then,
as the flea bites, the holy book is thrown aside, which, how->
ever. Is scarcely closed once In a month, and is so sweUed
with the dust that has fallen into It, that It wUl not yield ta
the efforts of the closer."*
I can only venture on one other extract, which goes to g^^gg; -^^
show why the ChanceUors in those days were ecclesiastics, ranee of
and exposes the gross ignorance which prevailed among day- ' ^ ^"y-
men, who, being unable to read, did not know how to
hold a book, and are coupled with " dirty sculUons." " Far-
thermore, laymen, to whom it matters not whether they
look at a book turned wrong side upwards or spread
before them In its natural order, are' altogether unworthy of
any communion with books. Let the clerk also take order
* Pp. 97, 98.
a 3

230

REIGN OF EDWARD HI.

CHAP. XIIL
Scriptural
authorities
for taking
great care
of books.

Death
burial of
Richard de
Bury.

His merit.

that the dirty scullion, stinking from the pots, do not touch
the leaves of books, unwashed." *
Like a Bishop and an Ex-chanceUor, he properly concludes
by supporting his doctrine with the highest authorities.
" The most meek Moses instructs us about making cases
for books In the neatest manner, wherein they may be safely
preserved from all damage. Take this book, says he, and put
it in the side of the ark of the covenant of the Lord your Ood.
O befitting place, made of imperishable Shittim wood, and
covered all over. Inside and out, with gold ! But our Saviour
also, by his own example, precludes all unseemly negligence
In the treatment of books, as may be read In Luke iv. For
when he had read over the scriptural prophecy written about
himself, in a book delivered to him, he did not return it till
he had first closed it with his most holy hands ; by which
act students are most clearly taught that they ought not. In
the smallest degree whatever, to be negligent about the cus
tody of books." t He might well say of himself — " ecstatico
quodam librorum amore potenter se abreptum." %
He died at Bishops Auckland on the 14th of April 1345,
full of years and of honours. Fourteen days after his death
he was buried " quodammodo honorifice, non tamen cum
honore satis congruo," says Chambre, before the altar of
the blessed Mary Magdalene, in his own cathedral. But
the exalted situation he occupied in the opinion and es
teem of Petrarch and other eminent literary men of the
fourteenth century, shed brighter lustre on his memory than
it could have derived from funeral processions, or from monu
ments and epitaphs. "What can be more delightful to a

* P. 100.
t P. 101. Luke, iv. 20. " And he closed the book, and he gave it again to
the minister, and sat down."
\ As it was said that Garth did not write his own " Dispensary," the
Philobiblon has been attributed to Holcot, a Dominican friar, who was [the
author's amanuensis', — but without any reason, for it bears the strongest
internal evidence of being the composition of the Chancellor De Bury himself;
it was attributed to him by his contemporaries, and a notice on an early copy
of it says; — " Quod opus (Philobiblon) Auclandiae in habitatione su^ com-
plevit 24 di^ Januarii, anno a communis salutis origine 1344, astatis sua; 58,
et 11 sui pontificatus,"

See " Bibliographical and Retrospective Miscellany," Art. De Bury.

JOHN DE STRATFORD, CHANCELLOR. 231
lover of his country's intellectual reputation, than to chap.
find such a character as De Bury in such an age of war  '
and bloodshed, uniting the calm and mild conduct of a le
gislator with the sagacity of a philosopher and the elegant
mind of a scholar ? " *
On De Bury's resignation of the Great Seal In 1335, It Junee.
was restored to Archbishop Stratford, whose second Chan- ^,.j,],_
cellorshlp extended to 1337. f bishopjohn
Now, from the groundless claim set up by the Plan- chancellor
tagenets to the crown of France against the house of ^¦^'^ second
Valois, began the bloody wars which lasted above a century, ^^j^j^ ^^
and which laid the foundation of that jealousy and hostile Edw. III.
rivalry between the two nations, which unfortunately has ^^^^^ of
never since entirely subsided. While the great bulk of the France.
people of England eagerly supported the warlike measures of
the King, It ought to be recorded to the immortal honour of
this Chancellor, that he dissuaded the enterprise In its com
mencement, and always strove for the restoration of peace at
the hazard of offending the King, and with the certainty of
Incurring public odium by combating the popular delusion.
It must be confessed, that on this occasion we not only
were the aggressors, but that there was not even any plausible
or colourable pretence for going to war. No national griev
ance could be urged, for the French had merely assisted the
Scotch In fulfilment of ancient treaties. Then, as to the
famUy dispute, — by the Salic law which had regulated
the descent of the crown of France from the foundation
of the monarchy, no female could wear the crown, so that
no claim to the crown could be made through a female, and
the title of PhUip de Valois, which Edward himself had,
though reluctantly, recognised by doing homage to him
as his liege Lord, was unquestionable, both by hereditary
right and the general consent of the French people. But
the glaring absurdity in the claim was, that if the Salic law
were entirely disregarded, and female descent were admitted
* Dibdin, Bibliomania, p. 247. — I am rather surprised that a " De Bury
Club" has not yet been established by PhUobiblists, as he was undoubtedly the
founder of the order in England.
f Rot, Cl. 9 Ed. 3, m, 28, u 4

232 EEIGN OP EDWAED III.
CHAP. In France as In England, there were females in exlstenccj
^^' and males descended through females, whose title was clearly
Resigna- preferable to that of Edward.*
tion of Archbishop Stratford resigned the Great Seal the second
Str^atford. time just before Edward assumed the title of King of France
with the armorial bearings of that crown, and set out. on his
first expedition to support his title. There is great reason to
think that it was the Chancellor's pacific policy which led to
his retreat. StiU, however, he was on good terms with the
King, and his brother was appointed to succeed him.t
A. D. 1337. Robert de Stratford appears to have been almost as
.SmTxVorn, much distinguished for ability, and to have had a career
Chancellor, almost as brilliant, as John, and they exhibit the single
instance of two brothers holding successively the office of
Lord Chancellor. He, too, had studied at Oxford, and had
gained the highest honours of the University. When the
Great Seal was delivered to him his rank in the Church was
only that of Archdeacon of Canterbury, but he was soon
after raised to the see of Chichester; and he was elected
ChanceUor of the University of Oxford, probably as much
from hopes excited by his present power as from the recol
lection of his academical proficiency. He had several times
previously been intrusted with the custody of the Great Seal
as Vice-chancellor, and he must have been familiar with the
duties of the office ; but, on account of his many avocations,
soon after his elevation he delivered the Great Seal Into the
keeping of St. Paul, the Master of the Rolls, who was to act
as his deputy. J
He continued Chancellor till the 6th of July, 1338, when
Chancellor, he retired for a time, and was succeeded by Richard de
Bynteworth, or Bentworth, or Wentworth §, Bishop
* This was the sensible view of the question taken by the Chancellor, who
gave very different advice to Edward III. from that which, according to
Shakspeare, was given by Archbishop Chicheley to Henry V.
K. Hen. — " May I with right and conscience make this claim ? "
Archb. — " The sin upon my head, dread Sovereign."
t Rot. Cl. 11 Ed. 3. m. 29.
t Rot. Cl. 11 Ed. 3.
§ Rot. Cl, 12 Ed. 3. This is an instance of B. and W. being interchangeable,
of which we have another in the Bicestre at I'aris, buUt by the Bishop of Win
chester, Vincester — Bincester, Bicestre. So in some parts of England walnuts

Bynte
WORTH.

EICHAED DE BYNTEWOETH, CHANCELLOE. 233
elect of London. What was the reason of this change I chap.

¦y TTT
have not been able to discover. The Stratfords do not seem  '
then to have lost the favour of the King, and while he was
engaged in preparing to prosecute the French war they still
assisted him with their counsels, however much they might
disapprove of his measures.
I find little respecting the history of the new ChanceUor, ^^'^ '"^"
except that he had been a prebendary of St. Paul's. He
enjoyed for a very short time his new dignities. Having
received the Great Seal and been sworn in as Chancellor at
Walton, he immediately returned the Seal to the King,
being obliged to go to London to be consecrated. It was
then given In charge to St. Paul and Baumburgh, to keep
until the Chancellor should be returned to court. The King
left England for France on the 11th of July, having sent
them a new Great Seal, which he wished to be used in
England during his absence, he taking abroad with him the
Great Seal before In use. The temporary Seal was delivered
to the Chancellor on the 19th of July following*, and con
tinued In his possession tiU the 7th of December In the fol- a.d. 1339.
lowing year, — when he suddenly died.
The Seal was delivered the next morning, by two of the
officers of the deceased Chancellor to the Archbishop of
Canterbury, who immediately sent it to the councU appointed
by the King to administer the government In his absence.
They handed It over to three persons to be used for sealing
necessary writs, and on the 16th of February following It
was placed in the sole custody of the Master of the Rolls, by
virtue of a letter of Prince Edward, Guardian of the realm.
The King having returned to England in about a fortnight
after, he delivered to the Master of the RoUs a new Seal
with the fleur-de-lys engraved upon it, which he had brought
with him from France, — Impressions of which were sent into
every county In England for the purpose of making It gene
raUy known.f
On the 28th of April, 1340, John de Stratford, Arch-
are called bdlnuts or bannets. In the Spanish language every v is convertible
into 6. Hence the felicitous pun : — " Beat! quibus uivere est Mbere."
* Rot, Cl. 12 Ed. 3, m, 22. | Rot. Cl, 14 Ed, 3. m, 42.

His death.

234

REIGN OF EDWARD III.

CHAP. XIIL
John de
Stratford, Chancellor
the third
time.

A. „. 1.340.
A parlia
ment.

Resigna
tion of
John de
Stratford,
and re
appoint ment of
Robert.Adminis
tration of
the Strat
fords. Their fall.
Embarrass
ments of
the King.

bishop of Canterbury, was made Lord Chancellor for the
third time. The King was again to pass beyond the seas^
and he placed this old public servant at the head of the
councU to govern In his absence. In the belief that he was the
fittest man that could be selected to obtain suppUes from
Parliament, to levy the subsidies that might be voted, and to
raise men for the war now carrying on to win the crown of
France. While Edward lay at the siege of Tournay a parliament
Avas held by commission at Westminster, and the Chancellor,
on the 7th of July, the first day of the session, declared that
It had been summoned "to consult what farther course was
best for the King and his allies to take against France." *
Liberal supplies In money and provisions were voted, and
notwithstanding the charge of treachery or remissness after
wards brought against the Archbishop, he seems to have
exerted himself to the utmost to render them available to
the public service.
On accourit of his Infirmity of body he again resigned the
office of ChanceUor, and the King again appointed Robert
Stratford, Bishop of Chichester, as his successor.f
The two brothers continued jointly to manage the King's
affairs In England without the slightest suspicion of any
change In his sentiments towards them tUl his sudden and
wrathful return, when they were dismissed from their em
ployments, and, but for their sacred character as ecclesiastics,
would have been in great danger of losing their heads.
Edward had derived no fruits from the great naval victory
he had lately gained on the coast of Flanders, and though he
had commanded a more numerous army than ever before or
since served under the banner of an English sovereign, he
had been able to make no progress In his romantic enterprise.
He had Incurred immense debts with the Flemings, for

* 1 Pari. Hist. 99.
t Rot. Cl. 14 Ed. 3. m, 13, Upon this occasion the Great Seal was broken
on account of a change in the King's armorial bearings, and another Seal, with
an improved emblazonment of the fleur-de-lys, was delivered by the King, when
embarking for France, to St, Paul, the Master of the Rolls, to be carried to the
new Chancellor,

ROBERT DE STRATFORD, CHANCELLOR. 235
which he had even pawned his own person. The remittances chap.
from England came in much slower than he expected, and he Xlii.
found it convenient to throw the blame on those he had left '
in authority at home.
He escaped from his creditors, and after encountering a h is sudden
violent tempest, arrived at the Tower of London in the return,
middle of the night of the 30th of November. He began by
committing to prison and treating with unusual rigour the
constable and others who had charge of the Tower, on pre
tence that it was negligently guarded. His . vengeance then imprison-
fell on the Lord Chancellor, whom next day he deprived of J^^'^i^^d
his office, and ventured for some time to detain In prison. Chancellor.
Nay more, he inveighed against the whole order of the Edward's
priesthood as unfit for any secular employment, and he as- ^^^? ,
tonished the kingdom by the bold Innovation of appointing a priesthood.
layman as Chancellor. Considering how ecclesiastics In Advan-
those ages had entrenched themselves In privileges and Im- j^f^j/' .
munltles, so that no civil penalty could regularly .be inflicted tages of
upon them for any public malversation, and that they were eccle-" '"^
so much In the habit, when once elevated to high station by siastics to
royal favour, of preferring the extension of priestly domi- chancellor.
nation to gratitude or respect for temporal authority, it seems
at first sight wonderful that the great offices of state were
ever bestowed upon them. On the other hand, there were
peculiar causes which favoured their promotion. Being the
only educated class, they were best qualified for civil em
ployments requiring knowledge and address ; when raised to
the prelacy they enjoyed equal dignity with the greatest
barons, and gave weight by their personal authority to the
official powers intrusted to them, while at the same time
they did not excite the envy, jealousy, and factious combi
nations which always arose when laymen of obscure birth
were elevated to power. They did not endanger the Crown by
accumulating wealth or influence in their families, and they
were restrained by the decency of their character from that
open rapine and violence so often practised by the nobles.*
» Hume's Hist. vol. ii. p. 409.

236 REIGN OF EDWARD III.
CHAP. These motives had hitherto Induced Edward to foUow th&
 ¦ example of his predecessors, and to employ ecclesiastics as
his ministers, at the risk of their turning against him and
setting him at defiance. But, finding that by the Cle
mentine Constitutions he was obUged immediately to re
lease the dismissed ChanceUor from prison, and that the
Archbishop, whom he likewise wished to call to account,
fulminated an excommunication against him, he resolved in
future to -employ only men whom he could control and
punish.

SIR ROBERT BOURCHIER, CHANCELLOE. 237

CHAPTER XIV.
CHANCELLORS AND KEEPEES OF THE GREAT SEAL, FROM THE
APPOINTMENT OF SIR EOBERT BOUECHIEE TILL THE APPOINT
MENT OP WILLIAM DE WICKHAM.
The first lay Lord Chancellor appointed by an EngUsh king '^^^¦
was Sir Robert Bourchier, Knight*, — a distinguished

soldier. Dec. 14.
He was the eldest son of Sir John Bourchier, a Judge of g^^ Ro„j.^.r
the Court of Common Pleas, ^ — the representative of a family Boua-
long seated at Halstead, In Essex. His education was very c'lia^^eUo,
slender, being engaged In military adventures from early hjs i,irth
youth ; but he showed great capacity as well as courage in ^"<^ "i''-
the held, and was a particular favourite of King Edward 111.,
whom he accompanied in all his campaigns. In 1337 he
was at the battle of Cadsant, and had lately before Tournay
witnessed the discomfiture of all Edward's mighty prepar
ations for the conquest of France. He joined in the loud
complaints against the ministers who had been appointed to
superintend the supplies and levies at home, and In the ad
vice that the Stratfords should be punished for their supposed
misconduct. The resolution being taken to put down the ascendency of
ecclesiastics, — from the shrewdness and energy of this stout
knight, he was thought a fit instrument to cany it into
effect, and not only was the Great Seal delivered to him, but
he was regarded as the King's chief councillor.
After Robert de Stratford, the late ChanceUor, had been Retirement
released from prison, he made submission, and It was agreed of Ex-'
to take no farther steps against him. He appears now to ^iiancelior
have retired from politics, and we read no more of him except Stratford.
that he acquired great applause for the prudence with which
he suppressed a mighty sedition in the University of Oxford,
arising from the opposite factions of the northern and southern
scholars, — the former, by reason of the many grievances they
• Rot. Cl. 14 Ed. 3. m. 10.

238

reign op EDWARD IIL

CHAP. XIV.

. Prosecu
tion of Ex-
chancellorJohn de
Stratford.

A parlia
ment.

Writ of
summons
refused to
the Arch
bishop, His remon
strance.

complained of, having retired for a time to Stamford in
Lincolnshire. He afterwards resided entirely in his diocese.
His life was prolonged to the 9th of AprU, 1392,
But it was determined to take ample vengeance on Ex-
chanceUor John de Stratford, to whose mismanagement was
imputed the bad success of the war, and who continued to
defy the power of the Crown.
First came a proclamation under the Great Seal, framed
by Lord Chancellor Bourchier, and ordered to be read in all
churches and chapels, — charging the Ex-chanceUor with
having Intercepted the suppUes granted to the King, and
either with having appropriated them to himself, or having
diverted them from their legitimate objects. To this Strat
ford opposed a pastoral letter, victoriously refuting the ac
cusation. But a parliament was always considered the ready engine
of vengeance in the hands of the dominant party, and one was
summoned to meet at Westminster, in April, 1341. StiU
some apprehensions were entertained from the sacred cha
racter of the party to be accused, and from his eloquence
and influence If he were regularly heard in his own defence.
The King and his military Chancellor therefore resorted to
the unconstitutional step of withholding from him a writ of
summons, thinking that he might thus be prevented from
appearing in the Upper House. The Ex-chanceUor, nothing
appaUed, sent a remonstrance to the King, stating (among
other things), " that there were two powers by which the
world was governed, the holy, pontifical, apostolic dignity,
and the royal subordinate authority ; that of these two powers
the clerical was evidently the supreme, since priests were to
answer at the tribunal of the Divine judgment for the
conduct of Kings themselves ; thaJt the clergy were the
spiritual fathers of all the faithful, and therefore of Kings and
Princes, and were entitled by a heavenly charter to direct
their wills and actions, and to censure their transgressions ;
and that Prelates had heretofore cited Emperors before their
tribunal, had sat In judgment on their life and behaviour,
and had anathematised them for their obstinate offences."*

* 1 St. Tr. 57.

SIR ROBERT BOURCHIER, CHANCELLOR. 239
On the day when parUament met the Archbishop showed chap.
himself before the gates of Westminster Hall, — arrayed in

his pontifical robes, — holding the crosier in his hand, and Hisap-
attended by a pompous train of priests. This ceremony pearance
being finished, he was proceeding to the chamber where Yard.
the Peers were assembled, but he was forbid by the captain
of the guard to enter. While demanding admittance, he Informa-
was seized by officers and carried to the bar of the Court of inm in
Exchequer, where he was called upon to plead to an inform- Exche-
ation which had been filed against him by the Attorney-
General, and which treated him as a great pecuniary
defaulter to the Crown. He then stationed himself in Palace
Yard, and solemnly protested that he would not stir from
that place tUl the King gave him leave to come into par
liament, or a sufficient reason why he should not. Standing
there In this manner, with the emblems of his holy office,
some that were by began to revile him, saying to him,
" Thou art a traitor: thou hast deceived the King and be
trayed the realm." He answered them, " The curse of Al
mighty God and of his blessed Mother, and of St. Thomas,
and mine also, be upon the heads of them that Inform the
King so, Amen, amen."
During two days the King rejected his application; but Triumphs
he petitioned the Peers against the injury thus offered to the King.
first Peer in the realm, and the House took it up as a matter
of privilege. The King agreed to a personal conference with
him in the Painted Chamber, and, after some discussion, con
sented to his taking his seat in the House, but his Majesty
then abruptly withdrew, and employed Sir John Darcy and
Sir WUUam KlUesby to accuse him before the citizens of
London and the House of Commons.
The Lords, alarmed for the rights and honour of their Spirited
body, prayed the King to acknowledge, that when a Peer was House^of ^
impeached by the Crown for high crimes and misdemeanours, Peers,
he could not be compelled to plead before any other tribunal
than the House of Peers ; and when Edward objected that
such an acknowledgment would be prejudicial to the public
Interests, and derogatory to the royal prerogatives, they re
quested his permission to refer the matter to a committee of

240

REIGN OP EDWARD HI.

CHAP. XIV,

King
submits.

His death
and cha
racter.

Conduct of
Lord Chan
cellor Bourchier,

four prelates, four earls, and four barons. The committee
reported, as an undeniable principle, " that no Peer could be
arraigned or brought to judgment, except in parUament and
by his peers." This was unanimously approved of by the
House, and embodied In an address to the King.*
The apprehension of serious consequences from this rup
ture, and the necessity of procuring a supply. Induced
Edward to declare that he was wilUng that the charge should
drop, t The triumph of the Primate was complete, for he now
desired that, " whereas he had been publicly defamed through
the realm, he might be arraigned In open parliament before
his peers ; " but the King adjourned the matter to the next
parliament, and then he ordered all the proceedings against
him to be annulled and vacated. In truth, the Ex-chan-
ceUor's crime consisted in expostulating with the King about
his profuseness, and In persuading him to make peace with
France. He lived seven years afterwards, universally honoured and
beloved ; and at his death, after founding and endowing a
college at his native place, he left all his estate to his ser
vants and domestics. He Is said to have been "a man of a
mild and gentle nature, more inclinable to pardon the guilty
than to punish them with sisverity, and very charitable to
the poor." |
Bourchier, during his short Chancellorship, was entirely
occupied with the King's political business, particularly in the
management of his diplomacy, — the duties of foreign secre-

* ] St. Tr. 65.
f They further insisted that no Peer who had been employed in the great
offices of the Crown should, in respect of hTs office, be called before any other
court of justice, and that in such a case he ought not to be arraigned at the
prosecution of the King, nor lose his temporalities, lands, tenements, goods, or
chattels, nor be arrested, imprisoned, or outlawed, nor plead nor receive judg
ment, except in full parliament and before his peers, although they admitted
that a Peer in receipt of the King's monies ought to account in the Exchequer,
and also that a Peer if he pleased might plead before another court, but without
prejudice to the rights of the peerage, as far as regarded others or himself, on
future occasions. This early case of privilege by no means settled the law ori
the subject, for it is only in cases of treason and felony that a Peer is entitled to
be tried by his peers, and this immunity is restricted to Peers noble by blood, so
that the prelates are triable in all cases by a jury. — Sec 1 St. T. 57.
i See 1 Pari. Hist. 101.

self uses
the Seal.

SIE EOBERT BOURCHIER, CHANCELLOR. 241
tary of state, which were transacted by the Chancellor, being chap.
at this time very onerous. He transferred the Great Seal
almost always Into the custody of the Master of the Rolls or
the King's Chamberlain, Avho sealed writs, and ordinarily sat
in the Court of Chancery, — although, on great occasions, the
Lord Chancellor himself, notwithstanding his inexperience,
attended in person, and decided according to his own notions
of law and equity.
The King sometimes took the Seal into his own keep- King him-
Ing, without meaning to make any change In the office of
Chancellor. On the 7th of August in this year, Bourchier
having experienced no loss of favour, and not meaning to
resign his office, under an order he received to that effect,
sent the Seal to the palace by Ralph Lord Stafford and
Philip de Weston. The King kept It In his own possession
till the next day, and having sealed some grants with It, he
returned It to the Chancellor.*
If there had been complaints of ecclesiastical Chancellors, Complaints
this experiment of conferring the office on an Illiterate lay- ^S^""'
man, who neglected its duties, caused unprecedented dis- Chancellor
satisfaction ; and there was an agitation in favour of the plan ^°"''<''>i«'"-
for restraining the prerogative of the Crown In the appoint
ment of its officers, which had distracted the weak reigns of
Henry III. and Edward II.
The matter was taken up by the legislature, and the Com- Attempts
mons, by petition to the King, prayed (tantamount to pass- ^" parlia-
ing a bill) "that the Chancellor, together with the other great regulate
officers, might be chosen in open parliament, and that, at the *''! "P"
° 111 pouitment
same time, they should be openly sworn to obey the laws of of Chan-
the land and Magna Charta." '=""°"-
The ferment in the public mind was so great, and such
was the necessity for soothing the Commons with a view to
a supply, that the King did not venture to put a direct veto
upon this proposal, and he yielded thus much, " that if any
such office, by the death or other failure of the incumbent,
become void, the choice to remain solely with the King, he
*• Rot. Cl. IS Ed, 3. m. 34.
VOL, I. R

242

REIGN OF EDWARD IIL

CHAP. XIV.

Statute for
periodical resumption of office of
Chancellor.

Oath to
observe the statute.

Edward's
perfidious violation of
the statute.

taking therein the assent of his council, but that every such
officer shall be sworn at the next parUament, according to the
petition ; and that every parUament following, the King shall
resume into his hands aU such offices, so as the said officers
shall be left Uable to answer all objections."'*
The Commons expressed themselves satisfied with this
concession, and the Prelates and Barons approving of the
arrangement for the periodical resumption of offices, with a
view to facilitate charges against those who had filled them,
the three estates made a request to the King, that the pe
tition and answer might be reduced into the form of a
statute. This being done, the statute was read aloud In the
King's presence, and he publicly assented to It, having se
cretly entered a protest against It.
His officers who were present were then called upon to
swear to observe the statute ; and to render the oath more
binding, it was required to be taken on the cross of Canter
bury, then in attendance on the Archbishop. Several took
the oath without hesitation ; but when it came to the turn of
Lord Chancellor Bourchier he refused it, as contrary to his
former oath of aUeglance and to the laws of the realm. Never
theless, he exemplified the statute under the Great Seal, and
delivered it to the Lords and Commons, f This was only to
delude them ; for no sooner was parliament dissolved than,
by his advice, the King attempted to revoke the concession
by a proceeding more extraordinary than that by which he
had submitted to It. An order In council was made abro
gating the obnoxious statute, — on the ground that the King
by force had suffered It to pass Into law ; and special writs
were directed to all the peers and to aU sheriffs of England,
declaring it to be null and void, and ordering proclamation to
be made to that effect. The preamble of these writs (no
doubt the composition of the gallant Lord Chancellor) must
be allowed to be very simple and plain-spoken. " Whereas
some time since, in our parUament at Westminster, there was
a certain petition made contrary to the laws and customs of

* Rot. Pari. IS Ed. 3.
t 1 Pari. Hist. 104.

See also stat. 15 Ed, 5. H. 1. cc. 3. & 4.

SIR ROBERT BOUECHIEE, CHANCELLOR. 243
England, 'and not only very prejudicial but reproachful also CHAP.
to our royal dignity, which. If we had not permitted to be ^^^-
drawn Into a statute, the said parliament had been without
success, and dissolved in discord, and so our wars with France
and Scotland had very Ukely (which God forbid) been in
ruin ; and we, to avoid such dangers, permitting protest
ations of revoking those things, when we could conveniently,
that had been so extorted from us against our will, yet per
mitted them to be sealed with our seal at that time, and
afterwards, by the advice and assent of certain earls, barons,
and other wise men " (meaning the privy council), "for lawful
causes, because we never consented to the making of the
statute, but, as it then behoved us, we dissembled In the
premises, we have declared It null, and that It ought not to
have the name and force of a statute, we wUling, &c."
The Ex-chanceUor John Stratford showed great zeal on the Renewed
opposite side, and considering that an oath had been taken on betweeen^^
his cross of Canterbury to observe the statute, he summoned *^ ^'"S
a provincial council for the purpose of hurling excommuni- chancellor
cation against all who should dare to Infringe it. st'"'f'^!i
Lord Chancellor Bourchier then sent him a writ of prohi
bition under the Great Seal in the King's name. In these
words. " We understand you have summoned a provincial
council to meet at London on the morrow of St. Luke next
coming. In which you Intend to excite the bishops of your
province against us, and to ordain and declare some things
prejudicial to us about confirming the said pretended statute,
and for the enervation, depression, and diminution of our
royal jurisdiction, rights, and prerogatives for the preserv
ation whereof we are bound by oath ; and that you Intend to
promulge grievous censures concerning these things; we,
wilUng to prevent so great mischief, do strictly forbid that In
that council you dare to propound, or any way attempt, or
cause to be attempted, any thing In derogation or dimi
nution of our royal dignity, power, or rights, or of the laws
and customs of our kingdom, or In confirmation of the pre
tended statute, or otherwise in contumely of our name and
honour, or to the grievance or disadvantage of our counsellors
or servants : and know ye, that if ye do these things, we wUl

244

REIGN OF EDWARD IIL

CHAP. XIV.
King re
solves to sa ¦
crifice the
Chancellor
to public
discontent.

Dismissal
of Bour
chier.

Death of
Ex-chan
cellor John
de Strat
ford. Disadvan
tages of
Lord Chancellor
Bourchier.

prosecute you as our enemy and violator of our rights with as
much severity as lawfully we may."
A violent crisis seemed now at hand, and men speculated
differently upon the probable triumph of the mitre or the
crown ; but Edward dexterously avoided the danger by sacri
ficing the Chancellor whose unpopularity and imprudence
had Involved him In such difficulties, and by appointing a
successor who must unite the suffrages of the whole kingdom
In his favour.
On the 28th of October, 1341, Bourchier was dismissed
from the office of Chancellor, and on the foUowing day, to the
great joy of the people, it was conferred on a man who had
been regularly bred to the bar*, who had already fiUed
judicial offices with great credit, and who enjoyed the highest
reputation for integrity as well as for learning and ability.
This excellent appointment operated instantly to allay the
storm. I All discontents were appeased; the Archbishop's
power was gone, and the obnoxious statute was no more
thought of tUl two years afterwards, when it was in due
form repealed by the parliament, then in good humqu/'from
the admirable conduct of the new ChanceUor. ^
John de Stratford died soon after. He must have had
extraordinary talents and tact to raise himself from low de
gree first to be the favourite and friend, and then the rival
for sway in England, of the hero of Cressy.
We need not wonder that the elevation of Bourchier
had been so unfortunate, notwithstanding his prior reputa
tion. Most of his predecessors had been regularly trained In
the cIvU and canon law, and had risen in the gradual pro
gress of official advancement, while he was taken from camps
in which he had spent his life to be placed in the marble
chair in Chancery, and on the wool-sack in the House of
Lords. In this assembly likewise he was under a great dis
advantage, as he sat there without being, like the Prelates

* Rot. Cl. Ifi Ed. 3. m. 19.
t  "

Simul alba nautis
Stella refulsit,

Deftuit saxis agitatus humor."
t Cott. Abr. 38, 39.

SIR ROBERT PARNYNGE, CHANCELLOR. 245
who had preceded him, a member of the House, — and being chap.
merely permitted to put the question as prolocutor, — so that '

the office which he filled was shorn of its dignity and in
fluence. Being restored to his proper sphere he soon recovered and Bourchier's
Increased his reputation. He was with Edward the Black career^"^"'
Prince in the heat of the battle of Cressy, and was afterwards
one of the ambassadors to treat with France for a peace. As a
reward for his services he was summoned as a Peer to parlia
ment, and his family thus ennobled was long very flourishing,
and became allied to the Crown. He died of the plague in
the year 1349, leaving as his heir and successor in the peer
age, John his son, by his wife Margaret, daughter and heir
of Sir Thomas de Preyers.
He obtained from Edward IIL, in 1330, a grant of free
warren in his twenty-one lordships in Essex, — In 1336, a
licence to Impark his woods at Halstead, — and In 1341, while
he was Chancellor, a warrant to convert his house there Into
a battlemented castle.
Sir Robert Parnynge, who now held the Great Seal, was sir Robert
the first regularly bred common lawyer who was ever ap- PAaNYNOE,
pointed to the office of Chancellor In England. I do not
find any account of his parentage or early education. He
was probably of obscure origin, owing his rise to his talents
and his Industry. Having distinguished himself greatly for
his proficiency In the study of the common law as a member
of the Inns of court, and as an utter barrister, he took the
decree of the coif In the 8th of Edward III., and was soon a.d. isss.
. . H*" 1 1
made a King's Serjeant.* " For his profound and excellent g^u^igf''
knowledge of the laws," he was. In Trinity term, 14 Ed. 3.
created Chief Justice of England. On the 15th of De
cember following he was made Lord Treasurer of England,
and he remained In that office till he was constituted Lord
Chancellor.! a.d. 1341.
• The equitable jurisdiction of chancery had gradually ex- when
tended itself, and to the duties of his own Court the new Chancellor,
' • ne con-
ChanceUor sedulously devoted himself. But he thought, as did tinues to
Lord Eldon and the most celebrated of his successors, that the common"law.
* Orig. Jur. f 4 Inst. 79.
R 3

246

REIGN OF EDWARD IIL

CHAP. XIV.

Use of the
Great Seal.

King
abroad.

April 23,
1343, Commons
pray that

best qualification for an Equity Judge Is not the mere drudgery
of drawing biUs and answers, -but a scientific knowledge of the
common law; and he further thought It essential that his
knowledge of the common law should be steadily kept up by
him when Chancellor. " This man," says Lord Coke, " know
ing that he that knew not the common law, could never well
judge in Equity (which Is a just correction of law in some
cases), did usually sit in the Court of Common Pleas (which
court is the lock and key of the Common Law), and heard
matters In law there debated, and many times would argue
himself as in the Report-, 17 Ed. 3., It appears."*
It was only once, and for a very short time, that the
Great Seal was out of his own custody while he was Chan
cellor. On the 16th of May, 1342, it was delivered to two
great Barons, Henry de Lancaster, Earl of Derby, and
WiUiam de Bohun, Earl of Northampton, not, as may well
be supposed, for any judicial purpose, but to give effect to a
proceeding which the ChanceUor probably condemned and
resisted. The Close Roll, 16 Ed. 3., states, that "Imme
diately after the Earls above named had obtained possession
of the Seal, they caused divers letters of pardon, ' sectce pads
regis,' for homicide to be sealed, and ordered the same
charters to be InroUed in Chancery without the payment of
any fee, and afterwards the King re-delivered the Seal to the
ChanceUor." On the 4th of October, 1342, when the King was on board
the George, at Sandwich, bound for Brittany, Lord Chan
cellor Parnynge delivered the Great Seal into his Majesty's
hands, and another seal was delivered to him to be used in
England during the King's absence, f On the 4th of March
following, the King being returned, delivered to the Chan
ceUor the Great Seal which he had taken with him Into
Brittany, and at the same time received back the seal which
had been used in the interval. J
There was only one parliament held while Parnynge was
Chancellor, in which he presic^ed with dignity, although the
Inconvenience was still felt of the Speaker not being a member

• 4 Inst, 79,

t Rot. Cl. 16 Ed. 3. m. 32,

I Ibid,

SIR ROBERT PARNYNGE, CHANCELLOE. 247
of the House of Peers. The Commons, not from any dIssa- chap,
tisfactlon with him, but rather, I presume, with a view that ¦^^^¦
he might be raised to the peerage, petitioned the King " that ~ ~~
the ChanceUor may be a peer of the realm, and that no may be a
stranger be appointed thereunto, and that he attend not to P^^"""
any other office." Edward, much nettled, chose to consider
this a wanton Interference with his prerogative, and returned
for answer : " Le Roi poet faire ses ministres come lui plaira,
et come lui et ses ancestres ont fait en tut temps passez.-"*
However, with the exception of this little breeze, there
was great tranquillity during the session, and the ChanceUor,
by order of the House, having examined before them some of
the King's officers respecting the war and the negotiation with
France, the three estates concurred in advising the King to
adhere to the truce which had been concluded with PhUip,
and to try to convert it into a permanent peace, though, if
this should be unattainable, they would maintain his quarrel
with all their power, f
Parnynge's last appearance In public was in the august
ceremony of the King creating his eldest son Prince of Wales
In full parliament, investing him with a coronet, a gold ring,
and a silver rod.
It was now generally expected that he himself would be Sudden
made a peer; but on the 26th of August, 1343, he suddenly lot^ °
died whUe enjoying the full favour of his Prince and the Chancellor
entire confidence of his fellow-subjects. " '
I cannot find any trace of his decisions while Chancellor ; See Y, B,
but we know that he is to be honoured as the first person
who held the office with the requisite qualifications for the
proper discharge of Its important duties, and he must have
laid the foundation-stone of that temple to justice, afterwards
reared In such fair proportions by an EUesmere, a Notting
ham, and a Hardwicke.
The Great Seal was now for a short time (according to
modern phraseology) "in commission," that is to say, — with
out the appointment of a Chancellor, It was intrusted to the
Master of the RoUs and two others, jointly, for the despatch
' 1 Pari. Hist, 105. Rol, P, vol, ii, 140.''
t 1 Pari. Hist. 106. It 4

17 Ed. 3.

248 REIGN OF EDWARD III.
CHAP, of aU business connected with It*, and they held it tlU
^^^- Michaehnas-day following. On that day the Earl of Warwick,
Robert de ^J t^'^ King's Command, sealed five charters of pardon with
Sadyng- it, and it was then deUvered by the King to Robert de
ceUor. ^"' Sadyngton as Chancellor.f
His de- He was descended from a family of great eminence in the
scent. Yg^^^ the members of which had been successively Justices in
Eyre to Henry IIL, Edward I., and Edward II. I do not
find any account of his early career, except that he studied at
the Inns of court, and was regularly bred to the bar. He
was appointed Chief Baron of the Exchequer 20th of March,
11 Edward III., Vice-treasurer of England 25th of June,
13 Edward IIL, and Lord Treasurer 2d of May, 14 Ed
ward III.
Bad equity Jjc sccms to havc tumed out a very indifferent equity
^" ° judge, and to have disappointed pubUc expectation. Lord
Coke, eager to praise Chancellors taken from the common
law, while he celebrates the merits of Parnynge and Knyvet,
the contemporaries of Lord Chancellor Sadyngton, has not a
word to say in his praise ; and he performed so indifferently
as to reconcile the nation to the old practice of making eccle
siastical Chancellors.
A parlia. He presided at a parUament which met on the 7th of
ment. June, 1344, and, in the presence of the King and the Prince
of Wales, declared the cause of this summons to be " con
cerning the late truce with France, and the breach of It by
the French King, of which he gave seven particular in
stances; and he desired the three estates of the realm to
consider of those things, and that they would give him such
advice and assistance as was necessary for the saving of his
and their own rights and honours." | They answered, by

* The entry of this commission on the Close Roll is curious, as almost the
only one not in Latin. " Le Roi a ses chers Clercs Maistre de Thoresby, Johan
de St. Paul, et Thomas de Brayton, salutz. Come Mons, Robert Parnyng
votre ChanceUer soit a Dieu, mandez nous assurantz de vos sens et loialtez ;
nous mandons que vous receivez notre Grant Seal en la presence de notre con
seil a Londres, et facez ceo que a I'office du dit Seal appeint come gardeins
dicel tanque nous eut eoms autremont ordeinez. Done souz notre secre seal a
West, le xxvj. jour d'Augst, I'an de notre regne d'Engleterre disseptisme et de
France quartrieine."— 17 Ed. 3. m. 24.
t Rot. Cl. 17 Ed. 3. m. 20. | 1 Pari. Hist. 109.

ROBERT DE SADYNGTON, CHANCELLOE. 249
the mouth of the ChanceUor, that they " prayed him to make CHAP
a speedy end of the war, either by battle or a proper peace. If

such might be had ; and that when he had embarked to cross
the seas he should not, for the letters or command of the
Pope, or any other, lay aside his voyage until he had made
an end one way or another."
While Sadyngton was Chancellor, the King several times
took the Great Seal from him for the purpose of seaUng a
charter of pardon (which seems to have been considered as
the direct act of the Sovereign), and then restored it to him.
When the King was sailing on his expedition to France,
Sadyngton delivered the Great Seal to him at Sandwich, and
received it back on Edward's return to England. The entry juiy 30.
on the record of this ceremony Is curious, as showing that ^^'^'^'
the Chancellor now regularly sat in his court In West
minster Hall, surrounded by the Masters in Chancery as his
assessors.* Sadyngton was soon after obUged to give up the Great Lord
Seal altogether, having been found inefficient both in parlia- sadyngto"n
ment and in the court of chancery, and the complaints against dismissed.
him becoming so loud that the King was afraid the Commons
might renew their efforts to wrest from the Crown the ap
pointment to the office of Chancellor. But a job was done
for the Ex-chanceUor, who had exerted himself to please his
party. Chief Baron Stenford being Induced to resign, Sa
dyngton was reinstated as head of the Court of Exchequer,
where he continued to preside till his death.|
The last experiment of a legal Chancellor had succeeded Return to
so Indifferently that the King resolved, for his next choice, to ticirchan-
return to the Church. There had been murmurs from the ceUors.
prelates, who considered the office of Chancellor as belonging
to their order ; and it was perhaps thought that the causes
of summoning a parliament, and the topics for a liberal supply
* " Quod quidem sigUlum idem Dominus Rex a Roberto de Sadyngton
Cancellario suo super passagio suo versus diotas partes.,FlandrisE prius recessit
eidemque Cancellario in quadam bursa inclusum in Magna Aula Regis apud
Westmonasterium in loco ubi idem Cancellarius communiter sedet inter Clericos
CancellarisB pro officio suo exercendo in prsesentia eorundem clericorum libera
vit,"— Rot. Cl, 19 Ed. S, p, 2,
t Or. Jur. 47.

250

REIGN OF EDWARD III.

CHAP. XIV.

John de
Offord,
Dean of
Lincoln, Chancellor.

Battle of
Cressy.

Complaints
in parlia
ment against Court of
Chancery.

would come with more effect from the holy Ups of a mitred
occupant of the ' woolsack than from a profane lawyei^,
known to have practised as a retained advocate In West
minster Hall.
On the 26th of October, 1345, In the room called " the
Cage Chamber," in the palace at Westminster, the King
delivered the Great Seal to John de Offord, Dean of
Lincoln, to be held by him as Chancellor, and, having taken
the oaths, on the foUowing day he sealed writs and letters
patent with it In the Court of Chancery In Westminster
HaU.* He was of noble extraction, being a younger son of Robert
Earl of Suffolk. He was early dedicated to the church, and,
as usual with those who hoped to rise In It, applying himself
diligently to the study of the civil and canon law, he took the
degree of Doctor utroque jure. From family interest, as weU
as personal merit, he soon got preferment, and being Dean of
Lincoln, while still a young man he had a promise of the
next vacant bishopric.
He held the office of Chancellor, with great credit for five
years, and would probably have been continued In It much
longer, but for his untimely death.
At the parliament held In the beginning of the year 1347
he had the satisfaction of announcing the victory of Cressy,
and of obtaining supplies larger than ever before voted, to
enable the King to push on the siege of Calais, f
The Commons, finding no fault with him as an equity
judge, made an effort to reduce the fees payable upon writs
out of Chancery, which were represented to be contrary to
the words of Magna Charta, " NullI vendeinus ]u.at\tva,m ; " but
these constituted a branch of the royal revenue, which the
King would not suffer to be touched, and he returned for
answer, " Unto the poor It shall be given /or God's sake, and
it Is reasonable that those who can afford to pay should pay,
as they have been accustomed." |
Offord remained In great favour with the King, and In
September, 1348, while ChanceUor, he was promoted to the

* Rot. Cl. m. 10.
\ Rot. Pari. 21 Ed. 3.

f 1 Pari. Hist, 111.

JOHN DE OFFORD, CHANCELLOE. 251
see of Canterbury. He had both the royal commendation chap.
and the Papal provision for his elevation ; but he died before ^^^"
his consecration, and in all proceedings during the latter part
of his time, he is designated " Archbishop of Canterbury
elect, and Chancellor."*
Lord Chancellor Offord seems to have had the Great Seal
always in his own keeping, unless when he parted with it for
some temporary purpose. On the 28th of October 1348, he
delivered it to the Master of the Rolls to take to the King
at Sandwich, then about to sail for the Continent. As soon
, as the King received It, he ordered certain commissions to be
sealed with it, and then gave It to Andrew de Offord to
carry to his brother the Chancellor f, who did not after
wards part with It.
He had got possession of the temporaUtles of his see,
and was making great preparations for his Inauguration, when
* One of the most curious of these is a writ which he sent in the King's
name to the sheriffs of London, commanding them to make proclamation to
different classes of suitors how respectively they were to obtain justice, and is
supposed to show that the distinction between common law and equity was
then fully established, and that the latter was not exclusively administered by
the Chancellor, but by him or the Keeper of the Privy Seal, subject to the
control of the King in CouncU. " Rex Vicecomit. London, salutem. Quia
circa diversa negotia nos et statum regni nostri Angl. concernantia sumus in
dies multipliciter occupati, volumus quod qua^libet negotia tam communem
legem regni nostri Angl. quam gratiam nostram specialem concernantia penes
nosmetipsos hah' prosequend' eadem negotia, videlicet negotia ad commu
nem legem penes venerab' virum elect' Cantuar' eonfirmat' Caneellarium nos
trum per ipsum expediend. et alia negotia de gratia nostra concedenda penes
eundem Caneellarium seu dilectum clericum nostrum Custodem sigilli nostri
privati prosequantur. Ita quod ipsi vel unus eorum petitiones, negotiorum
quae per eos nobis inconsultis expediri non poterunt, una cum advisamentis suis
inde ad nos transmittant vel transmittat, absque alia prosecutione penes nos
inde faciend' ut his inspectis ulterius prfefato Cancellario, seu Custod inde
significamus velle nostrum, et quod nullus alius hujusmodi negotia penes nos
metipsos de CBEtero prosequantur, vobis prsecipimus quod statim visis prssentibus
praemissa omnia et singula in civitate preedicta in locis ubi expediri videritis
publice proclamari faciatis in forma prsedicta et hoc nullatenus omittatis.
Teste Rege apud Langley, 13 die Januar, Anno regni 22 Ed. 3. Claus.
p. 2. m, 2, in dorso per ipsum Regem." — .Where it is said that common law
business was to be prosecuted before the Chancellor, I presume this can only
mean that application should be made for original writs out of Chancery. Or
may " matters concerning the common law '' mean disputes between subject and
subject, to be decided judicially by the Chancellor, and " matters concerning our
special grace cognisable before us" mean grants and matters of favour depending
on the pleasure of the Crown?
t The learned and accurate Hardy represents Andrew de Offord to have
been a Keeper of the Great Seal ; but, with great deference, he was not intrusted
to use it, and was merely a messenger to convey it to London. — Hardy's Chan
cellors.. 78. Rot, Cl. 22 Ed. 3, m. 8,

252

REIGN OF EDWAED III.

CHAP. XIV.
Death of
Chancellor
de Offord.
John de
Thoresbv, Chancellor.

His writ
ings.

Statute of
Treasons.

he was suddenly struck with a disease of which he died on
the 26th of August, 1348.
He was more a statesman than a lawyer or a divine ; but
he left behind him a considerable reputation for assiduity
and discretion In the discharge of his official duties.
On his death, the Great Seal remained in the custody of
the Master of the Rolls and three others for about a month,
whUe the King deliberated about a successor, and things
having gone on so smoothly under a clerical ChanceUor, he
at last appointed to the office John de Thoresby, Bishop
of St. David's*, who held it for seven years.
This man, very eminent In his own time, had studied at
Oxford, where he not only became a deep divine, but very
knowing in the civil and canon law. While stUl young, he
wrote many tracts both in Latin and in English, now be
ginning to be cultivated by men of learning. His most
popular work was " A Commentary on the Lord's Prayer,
the Decalogue, and the Creed ;" but none of them were con
sidered to be of sufficient value to be preserved and printed.
He early took orders, , and was made a master in Chancery.
On the 2 1st of February, 1 5 Ed. IIL, he was appointed Master
of the Rolls. He rose into high favour with the King, and,
showing an aptitude for state affairs, was intrusted with the
custody of the Privy Seal, and sworn a member of council, f
He was elected Bishop of St. David's in September, 1347, and
was translated to Worcester in November, 1349.
Although considered the most learned man of his time, he
was very deficient as an orator, and while he held the Great
Seal, as often as parUament met the causes of the summons
were declared by the Chief Justice of the King's Bench, sup
ported by the King's Chamberlain or some other courtier.
The most memorable proceeding in parliament while he
presided there, was the passing of the famous Statute of
Treasons. | For the first time in any European monarchy,
the law gave a definition of the acts against the state -which

* Rot, Cl, 22 Ed, 3, m, 8.
t In the Rolls, in which he is mentioned about this time, he is sometimes
styled " Magister," and sometimes " Dominus," but the one title seems to have
been considered quite as high as the other.
t 2S Ed. 3. c. 2.

JOHN DE THORESBY, CHANCELLOE.

253

CHAP. XIV.

should amount to lese-majesty and subject the offender to
the high penalties which must be enacted against those who
aim at the Ufe of the Sovereign, or who attempt by violence
to bring about a revolution In the established government of
the country. This statute, which did more for the liberties
of England than Magna Charta Itself, continues In force to
the present day. It has been considerably extended by
judicial construction beyond its original terms. Where the
King's life is not directly aimed at, — no act short of levying
war against the King In his realm being expressly declared
to be treason, the judges have been driven to decide that
any revolutionary movement or plot is constructively a com
passing of the King's death. It would have been better If
the deficiency had been supplied by the legislature; but it
would be too late now to resort to a strict interpretation of
the statute, although the judges of the present day would
hardly hold with some of their predecessors, that an insur
rection to destroy all dissenting meeting-houses, or all in
closures, or all brothels, would be a compassing of the death
of our Lady the Queen.
Lord Chancellor Thoresby, If he did not bring forward,
must have acquiesced in the passing of this memorable re-
fonn of the law, for which we owe some respect to his
memory ; for he has had successors who not only originated
no good measure, but have zealously supported every legal
abuse. While Thoresby was Chancellor, the Commons renewed
their attempt to reduce the fees payable on writs out of
Chancery, — the King returning to their petition this soft
and evasive answer : " It pleases the King, that the Chan
cellor shall be as moderate as he can touching fees on writs,
having regard to the condition of the persons who purchase
them." The Commons then made an attack on the equitable juris- Attack in
diction of the Council and the Chancellor, but in such ge- on equita-
neral terms that their petition could not be negatived. Citing We pu"s-
Magna Charta, that "no man shall be prejudged of his chanceUor,
freehold or franchises save by the law of the land," they ^•»- issi.
prayed that no one might be put to answer for such matters

254

REIGN OF EDWARD III.

CHAP. XIV.

Thoresby
being made
Arch
bishop of
York, re
signs the '
Great Seal.

His death.

William
DE Eding
ton, Chan
cellor,

but by due process at the common law, and that any thing
to the contrary should be held null and void. The answer
was, "it pleases our Lord the King that the petition be
granted." *
He appears to have Interfered very little with the judicial
duties of the office, for during almost the whole of his time the
Great Seal was in the hands of Keepers, — ¦ either of several
jointly, or of one under the seals of two others, — in whose
presence alone it could be used. The necessity for the Chan
cellor's attendance in his diocese is several times the reason
assigned in the Close Roll for the King giving him leave of
absence from London and the appointment of Keepers till
his return.
In November, 1356, Thoresby being promoted to the
Archiepiscopal see of York, resigned the Great Seal. We
have many Instances of Archbishops of Canterbury holding
the office of ChanceUor, as they had only to cross the Thames
In their state barge from Lambeth to Westminster Hall ; but
the duties of the Northern metropolitan were generally con
sidered incompatible with a continued residence In London,
although Wolsey, and a few others, unscrupulously sacrificed
them to gain their ambitious ends.
Thoresby died on the 6th of November, 1373, leavin^e-
hind him a great reputation for piety and charity as well as
learning. While he was Archbishop of York, the precedency
of the two archbishops which hitherto had been contested
was settled, and the title of " Primate of all England," since
borne by the Archbishop of Canterbury, was invented.
On Archbishop Thoresby's resignation, the Great Seal was
delivered to William de Edington, Bishop of Winchester,
as Chancellor, and he held it above six years.
This individual, highly distinguished in his own time though
so little known in ours, took his name from the place of his
birth, Edington, In Wiltshire, where he afterwards founded the
priory of " Bons Hommes." He studied at Oxford, and there
acquired great reputation for his skill in law and divinity.
* " II plest a nre. Seigr. le Roi, q. la petition soit ottroie." — Rot. Pari.
25 Ed. 8, " Ottroyer" or " Octroyer" was the proper French word to
designate a royal grant. Hence the " Octroi" or municipal tax granted by
the King.

WILLIAM DE edington, CHANCELLOR. 255
He was warmly patronised by Adam de Orleton, Bishop chap.
of Winchester, who presented him to the living of Cheriton,  '
In Hampshire, and Introduced him at Court. Gaining the
goodwill of Edward IIL, he was appointed to the see of
Winchester on the death of his patron, and was the first of
four Prelates, who, being all Chancellors, successively held it
for near 150 years.*
While Edington remained Chancellor, he himself did all
the duties of the office without the assistance of any Keeper
or Vice- chanceUor. According to the accustomed form. It
was twice surrendered up by him ,to the King on his going
beyond seas, and on his Majesty's return exchanged for the
seal used during his absence.
In his time England was at the height of military glory. Peace of
the Black Prince having gained the battle of Poictiers, and ^^ '^"''
John King of France, and David King of Scots, being
feUow prisoners In London. Nevertheless he had to set the
Great Seal to the treaty of Bretigni In 1360, by which Ed- May 8.
ward, after all his victories, renounced his claim to the Crown
of France, In consideration of being allowed to hold certain
provinces in that kingdom In full sovereignty.
There was now an Interval of repose for domestic Improve- Statute for
ment, and In 1362 the ChanceUor carried through parliament gUshian-'
the famous statute, whereby It was enacted that all pleadings g"age-
and judgments in the Courts of Westminster should for the
, future be in English f, whereas they had been in French
ever since the Conquest ; — and that all schoolmasters should
teach their scholars to construe in EngUsh, and not in French
as they had hitherto been accustomed. Although the French
, language no longer enjoyed any legal sanction. It had such a
hold of legal practitioners, that It continued to be voluntarily
used by them down to the middle of the eighteenth century.
Their reports, and treatises, and abridgements are in French,
and if we would find any thing in Chief Baron Comyn's
Digest composed in the reign of George II. about " Hlgh-

* Edington, Wm. of Wickham, Cardinal Beaufort, and Waynflete.
t 36 Ed. 3. c. 15.

256

REIGN OP EDWAED IIL

CHAP. XIV.
Refuses the
primacy.

Resigna
tion of
Lord Chancellor
Edington.

ways," " Tithes," or " Husband and Wife," we must look to
the titles " Chemin," " DIsmes," and " Baron & Feme."*
Edington might have been raised to the primacy If he had
pleased, — but he refused the preferment, saying, " That in
deed the rack of Canterbury was higher, but the manger oj
Winchester was larger."
When Lord Treasurer, In 1350, he had Incurred great
odium by debasing the coin ; but he seems to have passed
through the office of Chancellor without reproach. He con
curred In passing several very salutary statutes for correcting
the oppressive abuses of purveyance, whereby It was enacted,
that " If any man that feeleth himself aggrieved contrary to
any thing contained In these statutes will come into the
Chancery, and thereof make his complaint, he shaU there
have remedy." The process, no doubt, was by petition, on
which the ChanceUor, In a summary manner. Inquired and
gave judgment.
He resigned the Great Seal in February 1363, and died at
Winchester on the 8th of October, 1366. He acquired great
* The law, having spoken French in her infancy, had great difficulty in
changing her dialect. It is curious that acts of parliament long continued to
be framed in French, and that French is still employed by the different branches
of the legislature in their intercourse with each other. Not only is the royal
assent given to bills by the words " La Reigne le voet," but when either House
passes a bill there is an indorsement written upon it, " Soit bail6 aux Seigneurs,"
or " aux Communes ; " and at the beginning of every parliament the Lords make
an entry in their Journals, in French, of the appointment of the Receivers and
Triers of petitions, not only for England, but for Gascony. E. g. : Extract from
Lords' Journals, 24th August, 1841 : —
" Les Recevours des Petitions de Gascoigne et des autres terres et pays de
par la mer et des isles.
" Le Baron Abinger,' Chief Baron de I'Exchequer de la Reyne.
" Messire James Parke, Chevalier.
" Messire John Edmund Dowdeswell, Ecuyer.
" Et ceux qui veulent delivre leur Petitions les baillent dedans six jours
procheinment ensuivant.
" Les Triours des Petitions de Gascoigne et des autres terres et pays de par
la mer et des isles.
" Le Due de Somerset.
" Le Marquis d' Anglesey.
" Le Count de Tankerville.
" Le Viscount Torrington.
" Le Baron Campbell.
" Tout eux ensemble, ou quatre des seigneurs avant-ditz, appellant aut eux
les Serjeants de la Reyne, quant sera besoigne, tiendront leur place en la chambre
du Chambellan.
" Recevours et Triours des Petitions de la Grande Bretagne et d'Ireland,"
were appointed the same day.

SIMON DE LANGHAM, CHANCELLOE. 257
reputation for piety by the monastic institution which he CHAP.
founded in bis native place; but perhaps his best claim to
the gratitude of posterity was, his patronage of William of
Wickham, — the architect of Windsor Castle, — his successor
in the see of Winchester, — twice Lord Chancellor, ^ — and
founder of Winchester School and New College, Oxford.
The next Chancellor was Simon de Langham, Bishop of Feb. 19.
Ely.* I cannot find out the origin of this ambitious and ]?^^'
•' ^ ° _ Simon de
unamiable man. He first appears as a monk in the Abbey of Langham,
Westminster; but under his cowl he concealed unbounded fi.om"being'
ambition and very considerable talents. He is one of the a monk.
few Instances of the regular clergy attaining to great eminence
in England. He was always rising In the world. From a
great reputation for piety he was much resorted to as a Con
fessor, and he acquired much influence over his penitents,
which he turned skilfully to his own account. He could
adapt his manners to all classes and characters, and the monk
who recommended himself to some by fasting and penance His rise.
gained the favour of Edward III. by his courtly manners,
and the aptitude he displayed for civil business. Though
generally somewhat stern, and rather unpopular with those
who depended upon him, he courted his superiors so assidu
ously and so successfully, that he was successively Treasurer
of Wells, Archdeacon of Taunton, Prior and Abbot of West
minster, Bishop of Ely, and Treasurer of England. He had
been elected Bishop of London ; but Ely falling vacant before
his consecration, he preferred it as being richer, though in
ferior in rank.
Being now Chancellor he was, in 1366, translated to the Translated
see of Canterbury, uniting in his own person the two offices ^.^^^
of highest civil and ecclesiastical dignity. But If we may
credit a waggish distich which was then penned upon him,
this translation caused equal joy In one quarter and con
sternation in another : —
" Lsetantur coeli, — quia Simon transit ab Ely,
Cujus in adventum — flent in Kent millia centum."
Among those with whom he quarreUed at Canterbury was
* Rot. Cl. 37 Ed. 3. m. 39.
VOL. I. S

258 reign op EDWARD III.
CHAP, the famous John Wickllff, then a student at the CoUege there
 ' erected by Islip his predecessor. This ardent youth being
Quarrels unjustly expelled, and finding no redress for the wrong he
with Wick- suffered, turned his mind to clerical usurpation and oppression,
and prepared the way for that reformation in reUgion which
blessed an after age.
Langham was InstaUed in his office of Chancellor with
extraordinary pomp and magnificence. Being appointed on
Sunday, 19th February, the record says that on Tuesday next
following, taking the Great Seal with him to Westminster,
"et in sede marmorea, ubi CanceUarll sedere sunt assueti,
sedens, &c., literas patentes, &c., consignari fecit."*
Custom of j^^ the parliaments called in his time were opened by an
opening oratlon from him. We may give as a specimen bis perform-
wTthX"* ^^^^ °^ *^® 4*^ of December, 1364. He set the example,
course from long foUowcd OU such occaslons, of beginning with a text
sTrip'ture from the Holy Scriptures as a theme. He now took the say
ing of the Royal Prophet — " Faithful judgment doth adorn
the King's seat ; " whence he took occasion to extol the great
valour of the King, his master, and the many victories which,
by God's assistance, he had gained In his youth ; not forget
ting the constant and dutiful goodwill and ready concurrence
of the King's loyal subjects towards the furtherance of those
his important undertakings. "For all which, as the King
did now by him return them his hearty thanks, so he let them
know that for his part he was resolved to seek the common
peace and tranquillity of all his people, especially by enforcing
a due observance of all good and wholesome laws, and amend
ing such of them as should be thought defective ; as also by
establishing new ones as necessity should require."
Langham Notwithstanding these smooth words, there were heavv
aims at the , ¦ ^ r^^ ii p • • .
Popedom. Complaints against the Chancellor for increasing the fines In
Chancery payable to the King, and the Commons prayed that
these fines should not be higher than they were in the time of
the King's father, or at the King's first coronation. It would
appear that the new practice was agreeable as well as profit-
* Rot. Cl. 37 Ed. 3. m. 39. See Dugd. Or. Jur. 37. He adds that the
marble chair remained to his day, being fixed in the wall over against the
middle of the marble table.

, SIMON DE langham, CHANCELLOR. 259
able to the King, who was determined to continue it by chap.
returning this answer : — " The King wiUs that fines be ^^^'
reasonable to the ease and quiet of his people."
In the beginning of 1367 Langham's ambition was further He retires
gratified, as he was made a Cardinal by Pope Urban V. ; and '" ^^'- <
there being nothing further in England which he could covet,
he aspired to the triple crown itself. It was probably with
this view, that he soon after resigned the office of Chancellor,
and went to Avignon to intrigue among the Cardinals. There
he lived eight years in great credit and splendour. In 1371
he came to London as a legate from the Pope to negotiate a
peace between France and England. But while speculating
at Avignon about a vacancy in the papacy, aU his ambitious
schemes were for ever terminated by an attack of palsy, of
which he Immediately died. He Is celebrated more for his His death,
liberality to the abbey and monks of Westminster, than for
his just administration of the law ^or any improvements in
, legislation.

s 2

260

EEIGN OP EDWARD III.

CHAPTER XV.

CHANCELLORS AND KEEPEES OF THE GEEAT SEAL FEOM THE
APPOINTMENT OF WILLIAM OF WICKHAM TILL THE DEATH OF
EDWAED IIL

CHAP. XV.

Sept.. 17.
1^67.
William
OF Wick
ham.
His origin'

Education.

The successor of Langham was a man whose memory Is stIU
regarded with high respect by the English nation, the famous
William op Wickham.
This distinguished man, who was twice Lord ChanceUor,
was born in the year 1324, at the village In Hampshire from
which he took his name, — of poor but honest parents, being
the son of John Long and Sibyl his wife.* He probably
never would have been known to the world had he not, when
almost quite a child, attracted the notice of Nicholas Uvedale,
Lord of the Manor of Wickham, and governor of Winchester,
who put him to school In that city. He is likewise said to
have been sent to study at Oxford ; but there is great reason
to doubt whether he ever was at any university, and his
splendid foundations for the education of youth probably
proceeded less from gratitude, than from a desire to rescue
others from the disadvantages under which he had himself
laboured, for he never possessed scholastic learning, and he
owed his advancement to the native fervour of his genius and
the energy which enabled him to surmount all difficulties,
While stiU a youth, he became private secretary to his

* It has been lately asserted that Wickham, or Wykeham, was his family
name, because it is said to have belonged to several relations born elsewhere ;
but all the earliest accounts of him concur in the statement I have adopted.
For example : —
" Qua capit australes comitatu Hamptona Britannos,
Wichamia est vicus, nee nisi parvus ager.
Vixit lohannes illic cognomine Longus,
Cui fuit in casti parte Sibylla thori.
Hanc habuit patriam Gui-ielmus et hosce parentes
Wichamus, augurio nee tamen absque bono ;
Namque loci ut nomen, sic vim matrisque patrisque
Haud dubie in vitam transtulit ille suam,
Longus enim ut longo duraret tempore, caute
Et bene prospiceret cuncta, SibyUa dedit. "
Ortus et Vita Gul. de Wicham. '

WILLIAM OP WICKHAM, CHANCELLOR. 261
patron, and was lodged in a high turret in Winchester CHAP.
Castle, of which Uvedale was Constable, Here he imbibed '
that enthusiastic admiration of Gothic architecture which was
the foundation of his fortune. Ere long there was no ca
thedral, ancient church, baronial hall or Norman castle many
miles round that he had not visited and studied ; and he set to
work to consider scientifically how such stately structures
were erected, and to figure in his imagination others grander
and of finer proportions, He was first noticed by Edington,
the Bishop of Winchester, then Lord Chancellor, — little
thinking that he was himself to be Bishop of Winchester and
Lord Chancellor. But from him he had only fair words and
good cheer.
Uvedale afterwards happened to mention to the King the Introduced
remarkable young man he had for his secretary, and Edward, '°
ever ready to avail himself of efficient service and to en
courage merit in every department, desired that he might be
presented to him. He was accordingly brought to Court,
and Instantly made a most favourable impression by his
modest and Insinuating manners, and his great knowledge of
the subject to which he had devoted himself. He was first
made " Clerk of all the King's works in his manors of
Henle and Yelhampsted *," and then " Surveyor of the
King's works in the castle and park of Windsor." f
Edward, after his great victories, now meditated the Builds
erection of a palace where, according to the taste of the age, castle.
he might entertain the flower of European chivalry of which
he was the acknowledged head, — affording his brother knights
a fuU opportunity to display their prowess in the tournament,
and to lead the dance with their lady-loves in the brilliant
hall at night. Windsor, the destined site, had been occa
sionally the residence of our sovereigns since the Conquest ;
but what was then called " the Castle," consisted of a few
irregular buildings, with pepper-boxes at the corners of
them. Wickham furnished the designs for the new Castle such
nearly as we now behold it — suitable to Its noble position,
* Patent, dated 10th May, 1356. f Patent, SOth Oct. 1356.
s 3

262

REIGN OF EDWARD III.

CHAP. XV.

A. n. 1349.
Order of
the Garter.

Inscription
on Castle.

Wickham
takes holy
orders.

and for simplicity and grandeur superior to any royal re
sidence in the world. He showed corresponding vigour In
carrying the plan into execution. By a stretch of pre
rogative every county In England was obliged to send a con
tingent of masons and other workmen, and In a surprisingly
short period the structure was completed.
The King, to celebrate the event, founded the illustrious
order of the Garter, which now adds to the patronage of the
Prime Minister, and furnishes the object of highest ambition
to our greatest nobles.
It is said that the architect gave deep offence to his royal
master by placing on one of the gates the Inscription, " This
made Wichem," which was construed into an arrogant appro
priation to himself of all the glory of the edifice. But he
insisted that the words were to be read as a translation of
" Wichamum fecit hoc * " — not of " Hoc fecit Wichamus,"
— that according to the usual idiom of the EngUsh language,
" Wichem " was here the accusative case, instead of the
nominative, — and that he only wished posterity t& know that
his superintendence of the work had gained him the royal
favour, and thus had raised him from low degree to exalted
fortune. Edward was appeased, and ever afterwards delighted
to honour him.
Except the common law, the only road to wealth and
power open to a non-combatant In those days — was the church.
It was now too late for William to begin the study of
Bracton, Fleta, and the Year Books, and to try to obtain
practice In Westminster Hall ; but he was prevailed upon to
take orders, and ecclesiastical preferments were showered
upon him. It has been supposed that he had early taken
•deacon's orders, because in ] 352 he was styled " clericus " or
clerk, but this designation was given to men In civil employ
ments t, although not in the church ; and hitherto he had no
* This use of " facere," to make a man, rather strengthens the presumption
that he did not study at Oxford. I suppose his translation of his own motto
would have been " Hominem facit mores. "
t Thus in the contemporary poem of the " Wife of Bath's Prologue" by
Chaucer, " My fifthe husbande, God his soule blesse
Which that I toke for love and no richesse.
He sometime was a Clerk of Oxenforde, ,
And had left scole and went at home at borde." Of

WILLIAM OF WICKHAM, CHANCELLOR. 263:
ecclesiastical ftmctlon or benefice. On the 5th of December, chap.
1361, he was admitted to the order of "acolyte;" — he was
ordained subdeacon on the 12th of March, 1362, and priest
on the 12th of June following. He was now inducted into
the rectory of Palham In Norfolk, — he was presented to a
prebend in the cathedral at Lichfield, and he received the
King's grant of the deanery of the royal free chapel or col
legiate church of St. Martln's-le-Grand, London, — with other
pluralities. His secular preferment likewise stiU proceeded. His prefer-
as , he was appointed " chief warden and surveyor of the
King's castles of Old and New Windsor, and sundry others,
with the parks belonging to them," for which he had, besides
many fees and perquisites, an assignment of 20s. a day out of
the Exchequer.
He now Ukewise entered the field of politics ; on the 1 1th Engages
of May, 1364, he was made Keeper of the Privy Seal, and '" P"'"'"'-
soon after he Is styled " secretary to the King,'' performing
the functions of the officer afterwards designated " Principal
Secretary of State." In May, 1365, he was commissioned
along with others to treat of the ransom of David II. King
of Scotland, taken prisoner at NevlUe's Cross, and the pro
longing of the truce with the Scots.
Under the bull of Pope Urban Y. against pluralities, he His in-
was reluctantly compelled to make a return of his ecclesias
tical benefices, in which he calls himself " Sir WiUiam of
Wykeham, clerk. Archdeacon of Lincoln, and secretary of
our lord the Ulustrious King of England, and keeper of his
Privy Seal," — and in which he reduces the total produce to
873Z. 6s. Bd.
He did not attend much to his spiritual duties, but he
showed great dexterity In cIvU business, and a natural apti
tude for every situation in which he was placed, — so that he
escaped the envy that might have been expected to attend his
elevation, and was a general favourite. Conscious how much
he owed to his delicate attention to the feelings of others,
when he had from the Heralds a grant of arms, he took for
his motto, " Manners makyth man."
Of coure the derk had not taken orders, or he could not have entered into this
matrimonial alliance. s 4

264

EEIGN OF EDWAED III.

chap. XV.
Made
Bishop of
Winches -
ter.

Sept. 1367.
Receives
the Great
Seal.

Impro
priety of
the ap
pointment.

At last, on the death of Ex-chanceUor Edington, Bishop
of Winchester, in 1366, at the earnest recommendation of the
King, he was elected by the prior and convent to succeed
him In that see. This promotion in his native county must
have been particularly gratifying to him, and as he was only
in his forty- second year, we may hope that his parents were
stIU alive, and walked from the village of Wickham to Win
chester to see him enthroned.
The resignation of the Great Seal by Archbishop Langham
in pursuit of the triple crown, threw the King Into consider
able perplexity, there being neither lawyer nor churchman
whom he considered perfectly well qualified for the office of
Chancellor. He yielded to personal inclination and appointed
to it his favourite, William of Wickham, whose installation
he graced by delivering to him a new Great Seal with the
lUIes engraved upon It, In consequence of a resolution of
parliament that he should resume the title of King of
France. *
This appointment, in spite of William's abilities and popu
larity, must have been generally condemned, and shows that
while the King was all-powerful from the success of his
arms abroad, he disregarded pubUc opinion In the acts of his
domestic government. The jurisdiction of the Court of
Chancery had been greatly extended during the last forty
years, and Pyrning while presiding there must have given
something like system to Its practice. The result soon
showed that no one who was an entire stranger to legfal
pursuits and habits, could decently discharge the duties even
of an equity judge, discretionary as they were then deemed
to be. t

* Rot. Cl. 43 Ed. 3. m. 18.
t His promotion to be a judge was ascribed to his skill as an arohiteol,
" Windesora fuit pagus celeberrimus, illic
Rex statuit castri mcenia magna sui,
Wicamus huic operi praeponitur : inde probatum est
Ingenio quantum polluit, arte, fide.
Ergo fit Edwardo charus Custosciue Sigilli
Non ita post multos incipit esse dies." Ort. et Vit. Gul. de Wick.
The analogous case would be, if Mr. Barry, as a recompence for his excellent
plan for the new houses of parliament, were now to be made Lord Chancellor,

SIR ROBERT THORPE, CHANCELLOR. 265
The Chancellor no doubt invited those who practised in chap,
his court to sumptuous banquets at his palace in Southwark ;

— made himself very agreeable in society ; — availed himself wickham
discreetly of the talents ^nd experience of those around him ; an incom-
— and, that he might not give unnecessary trouble to himself judge,
nor offence to others, affirmed in all cases brought before him
on appeal ; — but the suitors complained bitterly of his delays
and inefficiency, and, as their wrongs graduaUy excited the
sympathy of the public, at last parliament interfered. In Complaints
1371, when William had been Chancellor four years, the in parlia-
" Earls, Barons, and Commons of England," (the Lords ™^"'-
spiritual, as might have been expected, not joining In the
vote,) petitioned the King, " that thenceforth none but lay
men should be appointed Chancellor or other great officer
or governor of the realm, for the state had been too long
governed by churchmen queux ne sont mye justiciables en
touz cas."*
The altered posture of the King's affairs rendered it im- a.d. 1371.
. . . , He is re ¦
possible for him to stand out against the wishes of parlia- moved
ment and the people. All the efforts of his younger son to *'°"" oflSce.
gain the Crown of CastlUe had failed ; and the treaty of
Bretigni being broken, new expeditions against France were
to be undertaken, and fresh supplies were indispensable. Ac
cordingly, on the 24th of March, the Great Seal was taken
from William of Wickham, and two days after, it was delivered •^ 1
to the man universally considered the best qualified to perform
the duties belonging to It, . — Sir Robert Thorpe, who had Sir Robert
been regularly bred to the bar, and for some time had, with chancellor,
great applause, filled the office of Chief Justice of the Com
mon Pleas.
He was of obscure origin, and took his name from Thorpe, His birth
in Norfolk, the place of his birth. He was bred at Pem- t;o„
broke Hall, Cambridge, then lately founded, of which he
became the second master. He laid the foundation of the
'divinity schools at Cambridge, with the chapel over them,
which were afterwards completed by his brother Sir Wil
liam. Instead of going into orders, he transferred himself to the
* Rot. Pari. 45 Ed. 3,

266

REIGN OP EDWAED III.

CHAP, XV.

His pro
motions in
the law.

Popularity
of Chan
cellor.

His death.

J His learn
ing and
ability.

inns of court, and became a very diUgent student of the com
mon law. We do not exactly know when he began to prac
tise at the bar, but as early as 1330 we find him employed as
a Justice Itinerant.* In 1344 he was appointed a King's
Serjeant, and he was summoned with the judges to attend in
the House of Lords. For ten years he continued at the
head of the bar In Westminster HaU, taking precedence of
the Attorney and Solicitor General, and having the chief
practice in aU the courts. On the 27th of June, 30 Ed. III.,
he was raised to the office of Chief Justice of the Common
Pleas, which he held with the highest character for learning,
industry, and integrity, tiU, to gratify the Commons who had
petitioned that none but a layman should be ChanceUor, and
to soothe the growing discontents of the people, the Great
Seal was deUvered to him.
His elevation was universally hailed with joy, and even
WilUam of Wickham, his predecessor, gracefully assisted not
only at the ceremony of his being sworn in before the King,
but at his public Installation In Westminster Hall, f Thorpe,
as ChanceUor, fully equaUed public expectation, and intro
duced some very useful reforms into the Court of Chancery ;
but, unfortunately, when he had held the office little more
than a year, he feU into a mortal distemper, and he died on
the 29th of June, 1372.
There Is not preserved any report of his equitable de
cisions, and no parliament met during the short time he held
the office of ChanceUor ; but from his addresses to the Lords
and Commons, while Chief Justice during the Chancellorship
of Bishop Thoresby, he seems to have been eloquent, and
Lord Coke pronounces him " a man of singular judgment in
the laws of this realm," and dwells with great complacency

' * Rot. Cl. 4 Ed. 3. m. 32.
t In Magna Aula Westmonasterii ubi Placea Cancellariae habetur preesen-
tibus prsfato Episcopo Wyntoniensi Clericos Cancellaria: dictam bursam ape-
rire," &c. — Rot. Cl. 45 Ed. 3. ni. 35. There is a curious entry on the 28th
of March, intimating that on that day the late ChanceUor, in the presence of
ChanceUor Thorpe, surrendered up to the King two other Great Seals and two
Privy Seals lately in use, which the King had placed in the Bishop's custody,
and which were then delivered to the Lord Treasurer. — Ibid.

SIR JOHN KNYVET, CHANCELLOE. 267
on hia elevation to the woolsack, evidently much sympathising chap,
with " the complaint of the Lords and Commons, that the "
realme had bin of long time governed by men of the Church
in disherison of the Crown."* It is to be deeply deplored
that of a virtuous magistrate, like Thorpe, such slender
memorials remain, as It is so much more agreeable to relate
what is honourable than what is disgraceful to human nature
— to praise rather than to condemn; but I find from my ^,
laborious researches, that while a ChanceUor is going on in
the equal and satisfactory discharge of his duty, Uttle notice
is taken of him, and that he Is only made prominent by
biographers and historians when he takes bribes, perverts the
law, violates the constitution, oppresses the innocent, and
brings ruin on his country : —
" The evil that men do lives after them ;
The good is oft interred with their bones,"
Thorpe, approaching his end, while he lay in the palace of
the Bishop of Sarum, In Fleet Street, " languens In extremis,
videns se circa ea quae ad officium Cancellarii pertinent,
ulterius laborare non posse prout moris est," says the Close
RoU, — enclosed the Great Seal in a bag under his own
private seal and that of Chief Justice Knyvet. There it was
found when he expired, and the following day it was delivered
by his servants to Sir William Latymer the Chamberlain, Sir
Richard le Scrope the Treasurer, and Sir Nicholas de Carew,
Keeper of the Privy Purse, who carried it to the King at
Westminster, and on the 5 th of July following he sent it by
his son, John of Gaunt, then styled " King of CastlUe and
Leon, and Duke of Lancaster," to Chief Justice Knyvet, sir John
as Chancellor, with power to administer the oaths to him — Chancellor.
a ceremony which was performed with great solemnity in the ^"}y ^•
King's Chapel.t
Sir John Knyvet seems to have been the first important His origin,
member of his family. Camden, speaking of it in a sub
sequent generation, calls It " an ancient house ever since
Sir John Knyvet was Lord Chancellor under Edward III."

4 Inst. " Chancery." f Rot. Cl. 46 Ed. 3. m. 20.

268

REIGN OF EDWARD III.

CHAP. XV.

An excel
lent judge.

A parlia
ment.

In 1357 he was called to the degree of Sergeant-at-law; he
was soon after appointed a Justice of the Common Pleas,
and he so continued till 1357, when he was advanced to the
Chief Justiceship of the King's Bench, which he held with
high credit.
Lord Coke caUs him " a man famous in his profession,"
and during four years and a half he presided In the Court of
Chancery to the general contentment of the people. Lord
Coke, speaking of him and his predecessor, says with honest
pride: — " In perusing, the rolls of parliament In the times of
these Lord Chancellors, we find no complaint at all of any
proceeding before them. But soon after, when a Chancellor
was no professor of the law, we find a grievous complaint by
the whole body of the realm, and a petition that the most
wise and able men within the realm might be chosen Chan
cellors, and that the King seek to redress'the enormities of
the Chancery."*
In November, after Knyvet's appointment, a parUament
was held at Westminster, but for some reason not explained
to us the Chancellor did not preside at the opening of it, and
by the King's command the causes of the summons were
declared by Sir Henry Bryan, one of the King's council, f
No business of importance was transacted except the grant
of a supply, and this being done, the Lords and Commons
met the King in the White Chamber, when the Chancellor
declared to the Kiag, — "how kind the parliament had been
to him in granting him such a supply,'' and " the King very
humbly thanked them for their great aid." The petitions of
the Commons were then read and answered according to
custom. A proceeding then occurred, which shows that the
House of Commons had not yet with any certainty taken Its
place in the constitution with defined powers and privileges.
The Knights of shires had leave to depart, and writs for their
wages and expenses were made out for them by the Chan
cellor's order ; but he commanded the citizens and burgesses
to stay, and they, being again assembled before the Prince,
Prelates, and Lords, granted for the safe conveying of their

* 4 Inst. 78.

t 1 Pari. Hist. 136.

SIR JOHN KNYVET, CHANCELLOR. 269
ships and goods, 2s. on every tun of wine Imported or exported chap.
out of the kingdom, and 6d. in the pound on aU their goods ^^'
and merchandise for one year.*
Another parliament was summoned to' meet at West
minster in November, 1 373. It Is amusing to observe the
required qualifications of the members to be returned to the
House of Commons by the new-fangled writs which the
ChanceUor framed. The sheriff of every county was ordered
" to cause to be chosen two dubbed knights, or the most
honest, worthy, and discreet esquires of that county, the most
expert in feats of arms, and no others, and of every city two
citizens, and of every borough two burgesses, discreet and
sufficient, and such as had the greatest sklU in shipping and
merchandising." f There was no express exclusion of lawyers
any more than of non-combatant country gentlemen, but no
individual of either class could well be brought within either
category In the writ.
The Lords and Commons being assembled in. the Painted chancel-
Chamber, Lord Chancellor Knyvet, in the presence of the '"f's speech.
King, declared the causes of the summons. Being a layman,
he did not take a text of Scripture as the theme of his dis
course, but he spoke with great eloquence of the negotiations
with France, — of the mUItary exploits of the King's son,
John of Gaunt, whom he calls " King of Castile and Leon,"
— and of the duty of refreshing and comforting with force
and aid the lords and others who had ventured their lives and
fortunes to defend the nation from their enemies. " Where
fore the King charged and besought them, considering the
dangers that might happen to the kingdom for these causes,
that they would speedily consult on the matter, and give the
King such advice as might be for the safety of him, the
nation, and themselves." $
The required supply was granted, a favourable answer was
returned to the petitions of the Commons, and all separated
in good humour.
But a very different scene was presented at the next parlia- The "Good
Parlia
ment."
* Rot. Pari. 46 Ed. 3. f 1 Pari. Hist. 137.
f 1 Pari. Hist. 138.

270

EEIGN OP EDWARD III.

CHAP. XV.

AlicePierce.

Chancel
lor's speech
to the par
liament.

Vote of
" want of
confidence."

ment, which met In April, 1376, and was long known among
the people by the name of " the Good ParUament."
The King's fair fortune had begun to fail, and, no longer
surrounded by the splendour of victory, those who had for
merly cheerfully yielded to his wishes and liberaUy supplied
his wants, now ^arply criticised the measures of his govern
ment, blamed his ministers, and for every grant of money
wrung from him some new concession. Great scandal had
likewise been excited by the ascendency of Alice Pierce, the
King's mistress, who, though said to be of great wit as well
as beauty, had been so indiscreet as openly to Interfere in the
disposal of all offices civil and ecclesiastical, and even to
appear and sit in the courts of justice, and publicly to favour
those suitors who had bribed her for her support. On one
occasion, at a tournament In Cheapslde, to the great con
sternation of the citizens of London, she came among them
on a white palfrey, In splendid attire, as "lady of the sun,
and sovereign of the day."
The ChanceUor escaping personally any suspicion of being
Influenced by her, was well aware of the deep discontent which
now universally prevailed. Nevertheless, he opened the ses
sion in a speech framed as if nothing were to be expected
but submission and gratitude. In declaring the causes of
the summons, he said, " the first and principal was to advise
about the good government and peace of the realm ; — for the
defence and safety of the King, as well by sea as land ; — to
take order for the maintenance of the war with France and
elsewhere; — and how and in what manner It might be done
for the best profit, quickest despatch, and greatest honour of
the King and kingdom." He then expressly told them, that
what the King had hitherto done was always with their
advice and assistance, for which his Majesty entirely thanked
them, and desired that they would diUgently consult about
these matters, — the Prelates and Lords by themselves, and
the Commons by themselves, — and give in their answers as
soon as they conveniently could.
The Commons, in answer to the Chancellor's' harangue,
after they had voted a supply, not contented, in the modern
courtly style, to praise all the ministerial measures of the

SIR JOHN KNYVET, CHANCELLOR. 271
session, enumerated the plentiful aids which the King had chap.
obtained from his people, and asserted their firm conviction, "
that if the royal revenue had been faithfnUy administered,
there could have been no necessity for laying additional
burdens on the nation. They intimated a want of con
fidence in the King's present ministers ; they Impeached
several of his favourites of extortion, of selling Illegal grants,
and raising loans for their own profit ; and they requested
that ten or twelve new members might be added to the
councU.* It was admitted that the conduct of the ChanceUor was Prosecu-
wlthout reproach ; but a charge was brought against an Ex- wiiiiam of
chancellor, William of Wickham, who, being strongly sus- Wickham.
pected of being protected by Alice Pierce, was accused of
several misdemeanours in his office of Chancellor. Contrary
to the claim of privilege so lately asserted, he was handed
over to common-law process, and, without being heard, was
condemned to forfeit his temporalities, and to keep himself
at-the distance of twenty miles from the King's person.
Knyvet, the ChanceUor, attempted In vain to allay the
storm. Lord Neville, Lord Latimer, and several other of his
colleagues were dismissed, and the Commons insisted on an
ordinance, or act, being passed " forbidding women to pursue
causes and actions in the King's Courts, by way of main
tenance, for hire and reward, and particularly Alice Pierce,
under the penalty of forfeiting all that she can forfeit, and of
being banished out of the realm." This ordinance, to which
the Chancellor Intimated the royal assent, runs in the King's
name, and, considering the relation which subsisted between
him and the object of it, must be considered a very curious
specimen of the legislation of the age.
During all these storms Knyvet continued in his high Resigna-
office, but his health was so severely Injured by his appli- ^g^th of
cation to business that he was obliged to retire, carrying with '^°^^
Him the respect of all classes of the community. He re- Knyvet.
signed the Great Seal into the King's hands on the 1 1th of
January, 1377, and died soon after, f
* 1 Pari, Hist. 140. t R"'- Cl. SO Ed. 3. m. 7.

272 REIGN OP EDWARD III.
CHAP. As he and his predecessor, taken from the common-law
-^Z'__ courts, had given such satisfaction, we may, wonder that the
Great Seal should ever have been delivered to men of any
other class ; yet the next regularly bred lawyer appointed
ChanceUor was Sir Thomas More, in the middle of the reign
of Henry VIIL, an Interval of above 150 years.
England had been advancing with unexampled celerity in
wealth and refinement, but a long period of adversity was at
hand. All the glories of the third Edward's long reign had
passed away, and it was concluding in misfortune and sor
row. " The sable warrior was fled ; " the foreign conquests
which had so much gratified the national pride were lost;
and great discontents and misery prevailed at home. Alice
Pierce, the King's mistress, as soon as " the Good ParUa
ment " was dissolved, again had the chief disposal of places
and preferment, and through her interest a clerical Chan
cellor was now announced,, to the great disgust of the public.
This was Adam de Houghton, Bishop of St. David's.*
Adam de Qnc fcels little disappointment In not being able to trace
Houghton, , .. _ .„...,,,-, ,, ,.
Chancellor, the Origin or education ot this individual, although he acci-
f ^"'^^ ^' dentally filled the office of Chancellor during two reigns, for
he was neither eminent for his virtues nor his vices, and he
must have been promoted for his mediocrity, to exclude abler
men whose superiority might have created jealousy and
alarm. He was educated at Oxford, where he took the' degree of
doctor of laws. By Papal mandate he was placed in the
see of St. David in 1361, and the purchased patronage of
Alice Pierce is the only solution of the mystery, that he
who for sixteen years had been a Welsh bishop suddenly
became Lord Chancellor of England.
A parlia- j^ parliament was held at Westminster on the 27th of
January, 1377, which was opened by Lord ChanceUor Hough
ton with a speech from this text, " Ye suffer fools gladly,
seeing that you yourselves are wise." The application of his
subject was, "that they, being wise, desired to hear him who
was the contrary." From thence he took occasion to argue, that
* Rot. Cl. 51 Ed. 3. m. 7.

1377.

ment.

ADAM DE HOUGHTON, CHANCELLOR. 273
God loved the King and the realm ; — the King because " quos chap.
diligit castigat ;" — "Uxor tua sicut vitis abundans in late-
rihus" "ut videas filios filiorum," — which the King now had
the pleasure to see. That God loved the realm, he proved
from the recovery of so renowned a prince, the said recovery
happening in the fiftieth year of his reign.*
The Commons now made another attempt to abolish fines
to the King on writs out of Chancery, as a sale of justice
contrary to Magna Charta ; but the answer was, "Let It be
In this case in the discretion of the Chancellor for the time
being, as it has been hitherto used." f
The Chancellor soon after went abroad on an embassy to
France, and Burstall, the Master of the Rolls, and two others,
were constituted Keepers of the Great Seal till his return. |
While the Chancellor was stUl abroad, Edward expired on Death of
the 21st of June, 1377, In the sixty-fifth year of his age, ^dw. IIL
and the fifty-first of his reign.
Hume observes, that " the domestic government of this His do-
prince is really more admirable than his foreign victories," go^vern-
and be certainly deserves to be celebrated for his vigorous ment.
and impartial administration of justice. While he wisely
adhered to the laws and system of tribunals framed by his
grandfather, he conferred an unspeakable benefit on the
suitors by making the Chancery and the King's Bench sta
tionary at Westminster, instead of following the person of
the Sovereign " wheresoever In England," as they had before
practically done §, and are still by fiction of law supposed to
• I Pari. Hist. 142. ' t R"'- P". 51 Ed. 3.
\ Rot. Cl. 51 Ed. 3. m. 7.
§ The officers of the Chancery lived or lodged together in an inn or hospitium,
which, when the King resided at Westminster, was near the palace, and from
very early times the marble table at the upper end of the great hall of the palace
was appropriated for the sealing of writs and letters patent. When the King
travelled, he was followed by the ChanceUor, masters, clerks, and records. On
these occasions it was usual to require a strong horse, able to carry the rolls,
from some religious house bound to furnish the animal, and at the towns where
the King stopped during his progress, an hospitium was assigned to the Chan
cery. In the 20 Ed, 1. the Abbot of Kingswood paid forty shillings to buy a
horse to carry the rolls of Chancery, but the money, by order of the Chancellor,
was paid over to William le Marchant, of Dover, in part discharge of certain
debts due to him from the King.' In 3 Ed. 2. the Abbot of Beaulieu was

' " Memorandum quod decimo octavo die mensis Januarii, quadraginta
solidi, quos Abbas de Kingeswode liberavit in Cancellaria in subvencionem
VOL. I. T

274

REIGN OF EDWARD III.

CHAP. XV.
Jurisdiction of
Court of
Chancery.

Character
of the
Chancel
lors of
Edw. IIL

do, —and his appointment of Chancellors, upon the whole,
did great credit to his good intentions and his discernment.
The jurisdiction of the Court of Chancery was now es
tabhshed in all matters where Its own officers were con
cerned*, on petitions of right, where an Injury was alleged
to be done to a subject by the King or his officers f. In
reUeving against judgments of the courts of law J, and gene
rally In cases of fraud, accident, and- trust.
The qualifictitlons of the ChanceUor now became of great
Importance to the due administration of justice,, not only
commanded to provide a strong pack horse to carry the rolls of Chancery to
Stamford, where the parliament was about to assemble, the King stating in the
mandate that he was in great need of such an animal. '
* 18 Ed. 3. ii. 154. The Clerks in Chancery petition the King and CouncU,
that whereas the Chancellor and Keepers of the Great Seal for the time being .
ought to have the cognisance of all pleas of trespass done by the said Clerks or
their servants, in cities, towns, or elsewhere where the Chancery is ; yet not
withstanding the sheriffs of London had attached Gilbert de Chishull, one of
the clerks of the said Chancery, at the suit of Thomas de Theslingbury, a draper,
upon a bill of trespass, whereupon Gilbert brought a supersedeas of privUege to
the sheriffs, but which they would not allow, and drove him to find sureties.
The clerks therefore pray remedy and Inaintenance of their liberties.
This petition was answered with the assent of the parUament. The claim was
allowed, and writs were ordered to be sent to the mayor of London to attach the
sheriffs and others, who were parties and maintainers of the quarrel, to appear
before the King in Chancery at a day certain, to answer as well to the contempt
of the process as to the breach of the liberty and damage of the party.
t Thomas de Berkelei petitions the King that he may have a writ to the
Abbey of St. Austin, Bristol, to have deliverance of his monuments, &c., which
were arrested by Richard Lovel and others of the King's officers.
Let a writ be issued out of Chancery to those who have arrested the things
mentioned in the petition, and let them certify in Chancery the cause of the
arrest, and upon their certificate let right be done. — Temp. Ed. 3. ii. 385.
:|: Margaret de .lonehill complains of a judgment in the Court of Common
Pleas. Let this petition be referred to the Chancery, and let the Chancellor
cause to be summoned before him the counsel of Madame to appear in Chan
cery on a certain day, and also the king's Serjeants and some of the justices, and
if nothing be shown or said which may reasonably disturb the judgment, or if
the counsel of Madame do not choose to appear, then let a writ issue to the
justices where the plea was depending before judgment, to proceed according to
the law and usages of the land. — 21 & 22 Ed. 3. ii. 206,
Geoffrey de Lacer complains of a judgment at law.
Let the petition be referred to the Chancery, and there let the evidence
which the said Geoffrey says he hath to manifest the loss of the aforesaid com
modities be received, and that justice was not done him in his suit for recovery
of losses in these parts, and therefore let speedy remedy be ordained him accord
ing to the law used in such cases. — Temp. Ed. 3. ii. 437.

cujusdam equi emendi ad portandum rotulos Cancellarise, liberati fuerunt per
pra;ceptum Cancellarii, per manus Domini Johannis de Langeton, Willielmo le
Marchaunt de Dovorr', in partem soluciopis debitorum in quibus Rex ei tene-
tur."— Rot, Claus. 21 Ed, 1, m, 11, a,
' Par, Writs, II. part i. p. 20. No. 2, 3,

STATE OF THE LAW. 275
from the Increase of his separate jurisdiction, but from the chap.
practice for the common-law judges, when any question of ¦^^¦
difficulty arose before them in their several courts, to take
the advice of Parliament upon it before giving judgment.
In a case which occurred in the King's Bench, in the 39th of
Edward IIL, Thorpe, the Chief Justice, says, " Go to the
Parliament, and as they will have us do we wiU, and other
wise not." The foUowing year Thorpe himself, accompanied
by Sir Hugh Green, a brother judge, went to the House of
Lords, where there were assembled twenty-four bishops, earls,
and barons, and asked them, as they had lately passed a statute
of jeofails, what they intended thereby. Such questions, which
were frequent in this reign, must have been answered by the
Chancellor. *
In the forty-second year of this reign, whUe WiUiam of Origin of
Wickham was Chancellor, occurred the first instance of a ^entarv
parliamentary Impeachment. Criminal jurisdiction had been impeach-
before exercised by the Lords, but not on the prosecution of
the Commons. Sir John Lee was now impeached by the
Lower House for malpractices while steward of the household,
and the punishment not extending to life or member, the
ChanceUor, though a priest, was not disqualified from pre
siding. Before th^ close of the reign the Commons preferred
impeachments against many delinquents for political and
other offences, and the practice of Impeachment, according to
the present forms of proceeding, was fuUy established.
In this reign the Chancellor acquired that most important Justices of
and delicate function of appointing Justices of the Peace, —
a magistracy peculiar to the British Isles, the judges having
a most extensive criminal jurisdiction, being generaUy with
out legal education, and serving without any remuneration
except the power and consequence which they derive from
their office.
The ChanceUors In the latter part of this reign, following
the' example of the distinguished philobibllst De Bury, prided
themselves on their attainments In literature, and their pro-
* Y. B. 39 Ed. 3. Y. B. 40 Ed. 3. If the Lords were stiU liable to be so
interrogated, they would not unfrequently be puzzled, — and the revival of the
practice might be a check to hasty legislation. T 2

276 REIGN OP EDWARD III.
CHAP, tection of literary men, and they must have had a powerful
" influence in directing the pursuits and developing the genius
of Chaucer and Gower. They encouraged the use of the
English language, not only by the statute against the use of
French in the courts of law, but by their own example on
the most public occasions. In the 36 Edward III. we find
the earliest record of the use of EngUsh In any parliamentary
proceeding. The roll of that year is found In French, as
usual, but it expressly states that the causes of summoning
parliament were declared " en Englois." * The precedent
then set by Lord Chancellor Edington was followed in the
two succeeding years by Lord Chancellor Langham f, and
from this time viva voce proceedings In parliament were ge
nerally In English, with the exception of giving the royal
assent to bUls, although the entry of some of these pro
ceedings In the reign of Queen Victoria Is still in Norman
French. J
* Rot. Pari. 36 Ed. 3.
j- Rot. Pari. 37 Ed. 3. 38 Ed. 3. J Ante, p. 256.

ADAM DE HOUGHTON, CHANCELLOR. ^77

CHAPTER XVL
CHANCELLORS AND KEEPEES OP THE GBEAT SEAL FROM THE
COMMENCEMENT OP THE REIGN OF RICHARD II, TILL THE SECOND
CHANCBLLOESHIP OF WILLIAM OP WICKHAM.
Richard was a boy, only eleven years old, when, on the CHAP.
death of his grandfather, he was proclaimed King. The '
Keepers of the Great Seal, who had been appointed during june 22.
the absence of the Chancellor abroad, nevertheless surren- i377,
dered it into the royal stripling's own hand when he was
seated on the throne, and surrounded by his nobility and
great officers of state. The Duke of Lancaster, acting as
Regent, although formaUy no Regent or Protector had been
appointed, then took It from him, and handed it to Nicholas
Bonde, a knight of the King's chamber, for safe custody.
De Houghton, the Bishop of St. David's, returned to England De
in a few days after, and on his arrival at Westminster the continues
King, by his uncle's direction, deUvered the Great Seal to Chancellor.
him, and he again took the oath of office as Chancellor. *
There was no intention of continuing him In the office beyond
the time when a satisfactory arrangement could be made for
the appointment of a successor.
Richard being crowned on the 4th of August, writs were His speech
issued for the calUng of a parliament to meet fifteen days j^^^" '*"
after the feast of St. Michael. On the appointed day, the
cause of summons was declared by the ChanceUor In a speech
founded on the text, "Rex tuus venit tibi." The language
Introduced at the Conquest was still used on all public occa
sions, and he thus began : " Seigneurs et Sires, ces paroles
que j'ay dit, sont tant a dire en Franceys, Vostre Roy vient a
toy." t He then divided the subject into three parts, showing
the causes of joy for the King's accession, with his usual
quaintness. But he raised a great laugh by an unlucky
quotation from scripture — observing that "a man's heart
leaps for joy when he hears good tidings, like EUzabeth,
* Rot. Cl. 1 Ric. 2. ra. 46. t ^°^^^ °^ ^^''l- "'• 3-
T 3

278 reign OF RICHARD II.
CHAP, the mother of John the Baptist: — Et exultavit infans in
XVI. , ¦ !) *
 utero ejus, *
This harangue does not seem to have given perfect satis
faction ; for the next day Sir Richard Scrope, steward of the
King's household, who was rising Into great favour, made
another speech on behalf of the King, asking the Commons
"to advise him which way his and the kingdom's enemies
might be resisted, and how the expences of such resistance
were to be borne with the greatest ease to the people, and
profit and honour to the kingdom ? "
Proceed- The Commous having, for the first time, chosen a Speaker,
Com ®®* about reforming the abuses of the state in good earnest,
and tried to provide for the proper conduct of the govern
ment during the King's minority. They obtained the banish
ment of Alice Pierce, and the removal of the late King's
evil councillors. They then proposed, " that, till the King
was of age, the Chancellor, High Treasurer, Chief Jus
tice of one bench, and the other the Chief Baron of the
Exchequer, and other officers, might be made by parliament."
This the Lords modified to their own aggrandisement by an
amendment, " that while the King was under age, the
Councillors, Chancellor, Steward of the Household, and
Chamberlain, should be chosen by the Upper House, and
that the King should make the other officers with the assent
of his council." The Commons acquiesced in this arrange
ment.!
Parl,a. At the parliament which met 'in the Abbey of Gloucester
ment at qu the 20th of Octobcr, 1378, the young King being seated
on the throne, attended by his three uncles, Lancaster, Cam
bridge, and Buckingham, — the Lord ChanceUor de Hough
ton, in a long speech, explained to the Lords and Commons
the causes of their being summoned, entering with some pro
lixity Into the subsisting relations of England with France
and Scotland. But he gave no satisfaction ; and Sir Richard
le Scrope the next morning again addressed the two Houses
on the same topics, and by way of urging a supply, pointed
out the enormous expence which the crown Incurred in keep
ing up garrisons In Brest, Cherbourg, Calais, Bourdeaux,
t 1 Pari. Hist. 158. .J Ibid. 162.

RICHARD LE SCROPE, CHANCELLOR. 279
and Bayonne. While the parliament sat, which was only a chap.

XVL

few days. Sir Richard le Scrope seems to have taken the
entire lead, and by his good management the desired subsidy
was voted.*
On the 28th of October, as a reward for his services, he sir Rich-
was actuaUy made Lord ChanceUor on the resignation of the t"" ^^
Bishop of St. David's, who seems to have been much hurt at ChanceUor.
the disrespectful treatment he had experienced.! The Ex- Death of
chanceUor retired to his see, and there peaceably ended his Houghton.
days at a distance from the strife which marked this unhappy
reign. He survived till April 1389.
Richard le Scrope, the new Chancellor, was the third Rise of
son of Sir Henry le Scrope, Chief Justice of the King's Bench, g^^^^l^
and Chief Baron of the Exchequer in the reign of Edward II.
and Edward III., and was born in the year 1328. Instead
of being trained In the university, the inns of court, and
Westminster Hall, he was a soldier from his early youth,
and served during the whole course of the late wars In
France. He was at the battle of Cressy In 1346, and serving
under Lord Percy, he was knighted on the field for his gal
lantry In the battle of Durham, fought the same year, where
the Scots were signaUy defeated. In the foUowing year he
served at the siege of Calais, where he was obliged to main
tain bis right to his crest — a crab Issuing from a ducal coronet.
He was in the memorable sea-fight- off Winch elsea in August,
] 350, when Edward III. and the Black Prince defeated a
greatly superior fieet under Don Carlos de la Cerda. He
was with Edward III. at the rescue of Berwick in 1356. In
October, 1359, he served under John of Gaunt In the army
which Invaded France, and in the April following approached
close to the walls of Paris, where he was engaged against the
fatally of Grosvenor in another heraldic dispute about his
right to certain bearings in his shield. In the parliament
which met In 1364, he was elected representative for the ^
county of York. In 1366, he accompanied the Duke of
Lancaster Into Spain, and the following year was In the de-
* The Close Roll contains a very minute account of this transfer of the Great
Seal in the house of the Abbot of Gloucester, — 2 R, 2, m, 25,
t 1 Pari. Hist, 163, T 4

280 EEIGN OP RICHARD II.
CHAP, cislve battle of Najarre In that country, where the Black
XVL Prince commanded in person.
On the renewal of the war with France, in 1369, he again
went to France with the Duke of Lancaster, and continued
in that country till near the conclusion of the reign of Ed
ward III. In 1371 he was appointed Treasurer of the
King's Exchequer. On the accession of Richard II. he was
promoted to be Steward of the King's household, and it was
in this capacity that he was employed to address the two
Houses, and that he so much distinguished himself In the last
two parliaments. Although with little book-learning, he had
so much natural talent, and had seen so much of the world,
and had such a quick insight into character, that he was
reckoned a consummate practical statesman, as weU as a dis
tinguished military commander ; and his appointment to the
office of ChanceUor, If it astonished, did not much offend, the
public.
Made a The Closc Roll tells us that the foUowing day he held a seal
¦^®®''" in the church of St. Mary le Crypt at Gloucester, and I read
no more of his judicial exploits.* That he might more
effectuaUy assist the government In the House of Lords, he
was raised to the peerage by the title of Baron Scrope of
Bolton, In the county of York. Here he had a large do
main, and, under a licence from the Crown, he erected a
strong castle, which stood -several sieges, and was afterwards
more Ulustrated by being one of the prisons of Mary Queen
of Scots.
A parlia- In the parUament which met at Westminster on the Mth
of January, 1379, he very ably expounded the causes of the
summons, was much applauded for his eloquence, and ob
tained a large supply for the King. The Commons prayed
that there might not be another parliament till a year after
that time, and that the Chancellor, the Treasurer, Keeper of
the Privy Seal, Chief Chamberlain, and Steward of the
household might not be changed in the meanwhile.! At
the same time they made a complaint of the Interference of
the Court of Chancery and of the Council with the course of
* Rot, Cl, 2 Ric. 2, m,2S. f 1 Pari. Hist. 169,170.

ment.

SIMON DE SUDBURY, CHANCELLOR. 281
the common law. The answer was, " that parties should be CHAP,
sent to the proper court to answer according to due course of ^^^'
law ; provided always, that where the King and his council
should be credibly informed that by maintenance. Oppression,
and other outrages, the common law could not have due
course, the council in such case might send for the party
against whom the complaint is made, and put him to answer
for the misprision.*
We are not Informed of the particulars of the Intrigue Removal
which, on the 2d of July, 1379, put an end to the first Chan- scropef and
cellorshlp of Lord Scrope; and we only know, from the appoint-
Close RoU, that on that day he surrendered the Great Seal, simon de
and that on the 4th of July the King delivered it to Simon de Sudedrv
Sudbury, Archbishop of Canterbury, — who, having taken cellor,
the oaths, was the day following InstaUed as Chancellor in ¦*¦¦"¦ ^^'^^¦
Westminster HaU.!
Simon de Sudbury assumed that name from the town in His origin
Suffolk where he happened to be born. Yet was he of noble tbn.^^""*"
extraction, being the son of Nigel Theobald, of a baronial
family whose founder had come over with the Conqueror.
Having been carefully educated in England, he was sent
by his father beyond sea to study the civil law, of which he
became a Doctor after disputations in several Continental
universities. Such was his fame as a wrangler, that he was
admitted of the Council to Innocent VI. and Auditor of the
Rota In the court of Rome. On the recommendation of the Made
Pope, he had great promotion when he returned home to his ^"^CanT'l"''
own country, being made Chancellor of Sarum, then Bishop bury.
of London, and, in 1375, translated to the see of Canterbury.
He called forth some censure by accepting the Great Seal ; Lord
for, though there were many precedents of a ChanceUor ^^'^"''^"o''-
becoming Archbishop of Canterbury, it was not thought
consistent with the dignity of the church that an Archbishop
of Canterbury should become Chancellor. It would have been
Well if he had confined himself to the discharge of his eccle
siastical duties, as, by engaging In politics, he was brought to
an untimely and violent end.
He opened the parliament, which met at Northampton, at
* Rot, Pari. 2 Ric. 2. ! Rot. Cl. 3 Ric. 2. m. 22.

282

EEIGN OF EICHAED II.

CHAP. XVL
He pro
poses the
poll tax,
A. n. 1 380.

Wat Ty
ler's rebel
lion.

Chancellor
seized in
the Tower.

the feast of All Saints, 1380, and, after much difficulty and
management, prevailed upon the Commons to grant the fatal
" capitation tax," which was to be " three groats of every
person of the kingdom, male or female, of the age of fifteen,
of what state or condition soever." This was denounced
as " a new and strange subsidy," and HoUIngshead writes,
that " great grudging and many a bitter curse followed on
the levying of this money, and that much mischief rose thereof,
as after did appear." If the insult had not been offered by
the tax-gatherer to the daughter of Wat Tyler, some other
accidental spark would probably have thrown the whole
country into a flame.
The Chancellor being the author of the abhorred tax, in
the rebellion which it excited, he was the first victim. John
Ball, the famous seditious preacher. Inveighed bitterly against
him by name, and, in reference to his aristocratic birth, the
often-quoted lines were made which, Hume says, "In spite
of prejudice, we cannot but regard with some degree of ap
probation." " When Adam delv'd and Eve span.
Where was then the gentlemen ? "
The army, or rather mob, 100,000 strong, under Tyler
and Straw, having taken post at Blackheath, and threatening
general destruction^ — more especiaUy to lawyers *, and all
who were supposed to have been instrumental In Imposing
the tax, or who resisted the demands for its repeal, the
Chancellor took refuge In the Tower of London. They
pursued him thither, attacked this fortress, and It being
feebly defended, they soon stormed it. They Instantly

* Walsingham, in his interesting relation of Wat Tyler's rebellion, says : —
" Voluit namque ad alia commissionem pro se et suis obtinuisse, ad decollandum
omnes juridicos et universes qui vel in lege docti fuere vel cum jure ratione
officii communicavere. Mente nempe conceperat, doctis in lege necatis, universa
juxta communis plebis scitum de cetero ordinari, et nullam omnino legem fore
futuram vel si futura foret, esse pro suorum arbitrio statuenda." — Walsingham,
p. 361. So in Cade's rebellion, Temp. Hen. 6. : —
" Dick. The first thing we do, let's kill all the lawyers.
Cade. Nay, that I mean to do." ( And proceeds to give his reasons. )
— Shak. Second Part Hen. VI. a. iv. s. 2.
In the riots of 1780, a similar spirit was displayed, and siege was laid to the
inns of court, with the intention of exterminating the whole race of lawyers, that
" the skin of an innocent lamb might no longer be converted into an indictment."

WILLIAM COURTENAY, CHANCELLOR. 283
seizea him, and dragged him to Tower Hill, with the de- CHAP.
clared intention of executing him there as a traitor. ^^J.

In this extremity he displayed great courage and con- Beheaded
stancy, and addressing the multitude, reminded them of his 1 4th June,
sacred character,' and tried to rouse them to some sense of
justice and humanity.* All these appeals were ineffectual ;
after many blows his head was struck off, and his dead body
was treated with barbarous indignity.
But It was believed that miracles were worked to punish Miracles
his murderers, and to show that he had been received In erased
heaven as a Saint. It Is gravely related, that the executioner ChanceUor.
who had committed the horrid sacrilege went mad, and was
struck with blindness ; that a man, blind for many years, on
praying to be cured for his sake, was immediately restored to
sight ; and (as we may weU beUeve) that a woman who had
been long In difficult labour, having prayed for his interces
sion, was the same day deUvered of three fine boys, — ^aU
received into the church by baptism. ! The same historian,
who was his contemporary, and speaks from personal know
ledge, gives him the character of being "very eloquent,
and incomparably wise above all the great men of the
kingdom." The rebellion having been quelled by the gallantry of Sir Wilham
WiUiam Walworth and the presence of mind and address of ji'^^y chan-
the youthful King, which raised a disappointed expectation cellor,
of his qualifications for government, — the Great Seal was
given Into the temporary custody, first, of Richard Earl of
Arundel, and then of Hugh de Segrave " till the King could
conveniently provide a Chancellor." :j: On the 10th of Au
gust, Segrave restored the Seal to the King, who imme
diately delivered It with the title of Chancellor to William
CouETENAY, Blshop of London. J
* " Quid est charissimi filii, quid est quod proponitis facere ? Quod est pec-
cafum meum quod in vos commisi, propter quod me vultis occidere ? Caven-
dum est ne me interfecto, qui pastor, praelatus et archiepiscopus vester sum,
veniat super vos indignatio justi vindicis, vel certe pro tali facto, tota supponatur
Anglia interdicto." — Wals. 262.
t " Mulier qusedam quae impregnata fuerat et parere nullo modo poterat,
postulato ejus auxUio, eodem die deliberata est de tribus puerulis, qui omnes
baptizati sunt." — p. 263.
I Rot. Cl, 5 Ric, 2, m, 25.

1284

EEIGN OP RICHARD IL

CHAP. XVL
A.D. 1381,
His illus
trious de
scent.

Disputes
with John
of Gaunt.

His beha
viour as
judge.

Removal
on address
of Com
mons,
A, n, 1381,

Lord le
Scrope
again Chancel
lor,

The office of ChanceUor appears, in this age, to have' been
an object of ambition to men of the most illustrious descent.
WiUiam was the son of Hugh Courtenay, Earl of Devon,
having In his veins the blood of French kings and -of Em
perors of the East. While yet a youth, he had made great
proficiency In the civil and canon law, and taking orders,
he rose rapidly In the church from personal merit and family
Interest. After holding almost innumerable prebends and livings, he
was made Bishop of Hereford, and then translated to London.
He was very popular with the Londoners, who stood by him
In a dispute with John of Gaunt, and could hardly be re
strained by him from pulling down the Duke's house. He
was made a Cardinal, and he succeeded De Sudbury as
Archbishop of Canterbury as well as Lord Chancellor.
He sat in Chancery himself, without the assistance of the
Master of the Rolls, or any other Keeper ; but he appears to
have excited great dissatisfaction as a judge, and the cry
against delays and corruption In his court soon became very
loud and general.
A parliament met in September, and it was opened by the
Chancellor In a speech from this text, " Rex convenire fecit
concilium." * He declared the chief cause of the summons to
be to punish the authors of the late horrible tumults, and to
do away with the charters of liberty and manumission which
the King had been forced to grant to bond-tenants and vil
lains under the Great Seal of England. ! But the parliament
immediately proceeded to inquire Into the abuses In the
government of the country, and the Commons petitioned
for the appointment of a new Chancellor and other judges.
In consequence of these proceedings. Archbishop Courtenay
was removed from the office of Chancellor, and Lord le Scrope,

* In the Parliament Roll the Chancellor is said to have made un bone coUacion
en Engleys. — Rot. Pari. 5 Ric. 2. Although the formal written proceedings
in parliament were, and are still, in French, I conceive that from the time when
representatives from cities and boroughs were admitted, a liberty must have
been allowed to speak in English, and the use of the French in debate must
have been gradually laid aside.
t It appears by the Close Roll that the Great Seal had been a short time in
the King's own keeping, and I presume these charters were then sealed with his
own hand.

RICHARD LE SCROPE, CHANCELLOR. 285.
who had been leader of the opposition, was placed in it the chap.
second time. The Ex-chanceUor devoted the rest of his days ^^^'
to his ecclesiastical duties. He held a celebrated synod at ^^ jggj
London, in which the doctrines of Wickliffe were solemnly Death of
condemned. A little before his death he obtained a grant by eeiior
a papal bull of the sixtieth part of the Income of all the clergy Courtenay.
within his province; but the Bishop of Lincoln refusing to
pay, and appealing to the Pope, the Archbishop died while
the matter was depending, July 31. 1396.
During this last transfer of the Great Seal the King had
It a short time in his own possession, and himself sealed
a commission by which he appointed John de Holland, his
brother by the mother's side, Jqhn de Montague, Steward
. of his household, and Simon de Burle, his Chamberlain, to
proceed to Germany, there to receive the Lady Ann, the sister
of the Emperor, as his future Queen, and to conduct her to
his presence. This might be excusable, as matter personaUy
relating to himself, but he at the same time sealed several other
commissions and important charters with his own hand, which
gave him a taste for acting without any responsible adviser,
and contrary to the opinion expressed by his ministers.
The Commons now made another effort to abolish all fines
on writs out of Chancery, as contrary to the Great Charter ;
but the King answered, " that such fines had always been
received In Chancery as well since as before the Great Charter,
by all his noble progenitors. Kings of England." *
As soon as parliament was dissolved, the King quarrelled King
with Lord le Scrope, the new Chancellor, who resisted the ^"t^Lord
gross job of conferring upon some worthless favourites the le Scrope,
lands which, on the death of the Earl of March, had fallen to missed.
the Crown. Richard became incensed at his behaviour, and
at the instigation of the disappointed parties, sent messenger
after messenger to demand the Great Seal from him ; but he
refused to deliver it except to the King himself. At length
the King got possession of it on the 11th of July, and gave a.d. 1332.
it Into the keeping of Hugh de Segrave and others, to be
used by them for the sealing of writs and charters till a new
ChanceUor should be found. !
* Rot, Par, 5 Ric. 2. f Rot. Cl. 6 Ric. 2. m. 24.

286

REIGN OF RICHARD II.

CHAP. XVL
a. d. 1382.
Robert de
Bray
broke, Chancellor,

Parlia
ment.

Wickliffe.

Michael
DE la
Pole,ChanceUor,
A.D. 1383,

On the 20th of September, Robert de Braybroke was
made ChanceUor. He was of a noble family, the Braybrokes,
of Braybroke Castle, In the county of Northampton. Having
studied at Cambridge, and becoming a Ucentlate in laws, he
entered the, church, was made canon of Lichfield, and in
1381, was consecrated Bishop of London. At this time he
was high in favour with John of Gaunt, who was the means
of his being made Chancellor from the capacity for political
Intrigue which he was supposed to have displayed. He was
not created in the usual manner by the Kjng delivering the
Seal to him, but by writ, addressed to those who had It In
their keeping. *
During his short tenure of office, two parliaments were
called and opened by speeches from the Chancellor; but they
were chiefly occupied with measures to put down the heresy
of Wickliffe, and no civil business of any Importance was
transacted at them.t
Robert de Vere, Earl of Oxford, the favourite of Richard
IL, being raised to the title of Duke of Ireland, was now
engrossing all power into his own hands, and he resolved to
Intrust the Great Seal to a layman who, if from his education
unfit for Its judicial duties, was eminent for talents, address,
and suppleness — qualities sometimes as much considered in
fiUIng up the office of Chancellor.
On the 13th of March, 1383, the Great Seal was taken from
Robert de Braybroke, and given to Michael de la Pole.
The Close RoU says, that the Bishop earnestly desired to be
relieved from the office of Chancellor J ; but there can be no
doubt that he parted with it very unwiUIngly, and thought
himself very ill used in being deprived of It. He lived more
than twenty years afterwards, but never had more than this

* " De par le Roy,
" Treschers et foialx, nous avons ordinez et volons que le Reverent Pere en
Dieu, et notre trescher Cosin, levesque de Londres, serra notre Chancellor
Denglitere, pur le grand affiance que nous avons en luy. Si vous mandons et
chargeons que veues cestes, vouz facez delivrer a luy notre Grand Seal esteant
ore en votre garde, over le trouble de son cherge et toutes autres a ly appurtie-
nantz come a notre Chancellej:, Et cette lettre vous ent serra garrant, Donnez,
&c."— Rot, Cl, 6 R. 2.
t 1 Pari, Hist, 176,
^ " Desiderans cum magna instantia de officio Cancellarii exonerari," — Rot,
Cl, 6 Ric, 2,

MICHAEL DE LA POLE, CHANCELLOR. 287
taste of political power. He died in 1404, having seen the chap.
House of Lancaster seated on the throne. -'^^^•
Michael de la Pole was the son of a London merchant. ~~~
A.i>. 1383.
He had served Edward III. both as a civilian and a soldier,
and had acquired the friendship of that monarch. In the
growing troubles of the present reign his support was coveted
by both parties, and he was esteemed the person of greatest
experience and capacity among those who were attached to
the Duke of Ireland. He was sworn in Chancellor on the
13th of March, 1383.*
He did not at first resort to the expedient of handing over His con-
the Seal to a legal Keeper to act as his judicial deputy ; and -^^^^
as he is said to have performed well in the Court of Chancery,
he must have been like some of the military Chancellors in
our West India Islands, who, by discretion, natural good
sense, taking hints from the clerks In court, and giving no
reasons for their decrees !, have very creditably performed the
duties of their office.
On the 1st of November In the same year, he made his in parlia-
first appearance on the Woolsack, when he had to open par- ™™*-
liament by an oration In the presence of the King and both
Houses. { He began with great modesty, excusing his own
unfitness for the place he held, and declaring that he was
forced to accept it, though he had pleaded his incapacity. He
then presented a very able exposition of the King's wars with
Scotland and with France, and pressed for a subsidy, which
was readUy granted. §
* Rot, Cl, 6 Ric, 2. m. 12,
f According to the advice of Lord Mansfield to a military man going to sit
as Chancellor of Jamaica: " Your decision may be right, but your reasons
must be wrong,"
I 1 Pari, Hist. 176.
§ I give a specimen from the rolls of parliament of this modest oration ; —
" Mons. Michel de la Pole, Chivaler, ChanceUer d'Engleterre, par commande-
ment nre, Sr, le Roi avoit les paroles de la pronunciation des causes de la
somonce de cest present parliment, y dist, Vous Mess. Prelatz et Seignrs,
Temporalx, et vous mes compaignons les chivalers et autres de la noble Coe,
d'Engleterre cy presentz, deinez entendre, Qe combn, q. je ne sole digne, mes
insufficient de seu de tout autre Cre., toutes voies pleust a nre. Sr, le Roi nal-
gairs de moy creer son ChanceUer, et sur ce ore moy ad commandez, q'ore en
vos honorables presences je vous sole de par luy exposer les causes de la somonce
de son present Parlement, Et partant purra clerement apparoir q. si haute
busoigne come ce est de pier si chargeante matire devant tantes et tielles si
nobles et sages persones q. vous estez, je ne ferroie mye par presumption ou sur

288

REIGN OP RICHARD IL.

CHAP, XVL

A, D. 1384.

Chancellor
made an
Earl,
A.D, 1386.

Altercation
in the
House of
Lords be
tween the
Chancellor
and the
Bishop of
Ely.

While this parUament sat, an unjust charge was brought
against him of taking a bribe. He was acquitted, and John
Cavendish, his accuser, was fined 1000 marks for defamation.
At the parUament held In November In the foUowing year,
he was considerably bolder, and he ventured to give good advice
to the two chambers, telling them, " there were four ways
or means which would greatly speed their consultations.
First, to be early in the house ; next, to repel all melancholy
passions; the third, to begin always on the most needful
inquiries, and to proceed without mlxtilre of any orders ; and,
lastly, to avoid all maintaining and partaking." *
The Commons made a complaint to the King for commis
sions issued by the Chancellor, but they could not obtain a
more favourable answer than that " those who felt themselves
aggrieved should show their special grievance to the Chan-^
cellor who would provide a remedy." !
On the 6th of August, 1386, he was created Earl of Suf
folk, the first Instance of a Lord ChanceUor, while in office,
being raised to this rank In the peerage. He had, at the same
time, a grant of 1000 marks a year from the pubUc revenue
to support his new dignity.
A parliament was held soon after. We have an account
from Speed, of a debate which took place in the House of
Lords at the opening of the session, — the earliest which
I find reported, and giving us a Uvely picture of the elo
quence and manners of the age. The Bishop of Norwich,
the famous " Fighting Prelate," had led an army Into Flan
ders : being obliged to return with discomfiture, he had been
guiderie de moy mesmes, einz soulement par deux enchesons resonable. L'une
est q, longement et coement, ad este accustumee deinz mesme le Roialme q.
les Chancellers d'Angleterre devant moy si ont fait chescun en son temps, pro
nunciation de par le Roy de semblables parlimentz devaunt ore tenuz ; et ne
vorroie, si pleust a Dieu q. en mon temps defaute de mon dit office, si avaunt
come je le purroie meintenir en tout bien et honour. La seconde cause est
purquoy je assume de present si grant charge sur moy devant touz les autres
sages cypresentez ; gar le Roy nre. Sr. lige ycy present m' ad commandez de
I'faire, a qi me faut a fyn force en ce et en touz autres ses commandementz q.
purroient tournir au pfit. de lui et de son roialme obeire. Et issint ne ferroie
ceste chargeante busoigne en aucun manere, sinon coustreint par reson de mon
office, et commandement de mon Sr. lige come dist est." — RoU. Pari, 7 Ric. 2-
vol. iii. 149.
* 1 Pari. Dist, 180, "Maintenance and champerty," — the corruption of
those days, when " rail-road shares " were unknown,
! 1 Pari. Hist, 185,

MICHAEL DE LA POLE, CHANCELLOE. 289
charged with breach of the conditions on which a sum of money CHAP,
was granted to him, and the temporalities of his see were se- ^^^'
questered. A motion was now made by Thomas de Arundel,
Bishop of Ely, then rapidly rising Into notice, and afterwards
five times Lord Chancellor, that the temporalities should be
restored to him, which he said — " would be a small matter for
the King." This was warmly opposed by the new Earl of
Suffolk, Lord Chancellor, who rose up, and thus addressed
the Bishop of Ely, " What Is that, my Lord, which you
ask of the King ? Seems It to you a small matter for him to
part with that Bishop's temporalities, when they yield to his
coffers above 1000?. a year ? Little need hath the King of such
councillors, or such friends as advise him to acts so greatly
to his disadvantage." To which the Bishop of Ely replied,
" What says your lordship, my Lord Michael ? Know that
I ask not from the King what Is his own, but that which he,
drawn thereunto by you, or such as you are, withholds from
other men, upon none of the justest titles, — which, as I
think, will never do him any good. As for yourself. If the
King's advantage be the thing you drive at, why did you so
greedily accept of 1000 marks a year at the time he created
you Earl of Suffolk ? " " The Chancellor," adds our authority,
"was hit so home by this round retort, that he offered no
farther to cross the restitution of the Bishop's temporali
ties." *
This year the Earl of Suffolk went abroad upon an em- a.d. is86.
bassy, and the Great Seal was given Into the custody of
John de Waltham, Master of the Rolls !, celebrated for
his Invention of the writ of subpoena, on which the equitable
jurisdiction of the Court of Chancery has been supposed to
be founded. The faction of the favourite De Vere had now
become very odious, and 'there were loud complaints among
the people against misgovernment. What was more formid
able, there was a strong combination among the Barons, who
were resolved upon a change. The King's necessities, how- A parlia-
ever, required the summoning of a new parUament. The two
* Speed in Ann. 1386. t Rot- Cl. 9 Ric. 2. m. 12.
VOL. I. U

ment.

290 REIGN OF RICHARD II.
CHAP. Houses met on the first of October, 1386.* The session was
X VT
 '__ opened as usual by a speech from the Lord ChanceUor, in

which he said that the principal cause of calling them together
at that time was " to acquaint them that It had been deter
mined the King should cross the seas in person with an army
royal, and that they were to debate In what manner and how
Proceed- It was to be douc." But the Commons, Instea,d of intimating
''/s^^g*'"'^* any intention of granting a supply, expressed in the royal
cellor. presence their resolution to Impeach the Lord Chancellor
for divers crimes and misdemeanours. We are Informed
that the King thereupon retired, lest he might seem to coun
tenance their proceedings. He went to his palace at Eltham,
' where he spent his time in vain amusements, while transac
tions were going on which before long led to his dethronement.
Both Houses, with joint consent, thought proper to send
this message to him : " That the ChanceUor and Treasurer
ought to be rempved from their offices, because those men
were not for the advantage of himself and kingdom." Adding,
"that they had matters to treat of relating to the Lord
Michael de la Pole, which could not be safely done while he
remained in the office of Chancellor." The King admonished
them to proceed forthwith to the business for which they
were summoned, and told them " that he would not for them,
or at their instance, remove the meanest sculUonin his kitchen."
The Lords and Commons were not to be so daunted, and
they returned their joint answer to the King, " That they
neither could, nor by any means would, proceed in any busi
ness of parUament, or despatch so much as the least article of
it, till the King should come and show himself among them,
and remove the said Michael de la Pole from his office."
Remonstrances and refusals of redress being some time con
tinued, the King threatened to call in the advice of the King
of France, to whom he would sooner submit than truckle to
his own subjects. In their address in answer, the two Houses
said, " We have an ancient constitution, and it was not many
ages experimented ! (it grieves us that we must mention it),
that If the King, through any evil council, or weak obstinacy,
* 1 Pari. Hist. 185.
t Referring to the deposition of Edward II.

MICHAEL DE LA POLE, CHANCELLOR. 291
or contempt of his people, or out of a perverse and froward chap.
wilfulness, or by any other irregular courses, shall alienate  '
himself from his people, and refuse to govern by the laws
and statutes of the realm, but will throw himself headlong
into wild designs, and stubbornly exercise his own singular
arbitrary will, ¦ — ^from that time It shall be lawful for his
people, by their fuU and free assent and consent, to depose
that King from his throne, and In his stead to establish some
other of the royal race upon the same." *
Richard was obliged to yield ; and laying aside his passion. The Earl
he promised that after three days he would come to the par- °^ Suffolk
1. 1 • 1 1 • removed
liament, and with mature advice willingly acquiesce m their from the
petitions. Accordingly he came at the time appointed, and c*hanceU
consented to an entire change of ministers. The Earl of Oct. 24.
Suffolk was removed, and his enemy Thomas de Arundel, ^'
Bishop of Ely, made ChanceUor In his stead. Arundel
Not contented with his dismissal, the Commons prayed ''PPoi"'ed.
that all manner of charters and letters made in the time of
the late Chancellor, contrary to law, be annulled and repealed
in the present parliament, to which the answer was, "Le
Roi le voet par advys de son conseil." !
They then proceeded to Impeach him ; but his official In- impeach-
tegrlty was established by the frivolous nature of the offences e^"V°„""' ,
which his enemies, In the present plenitude of their power, cellor.
thought proper to object against him. !
This Is the first instance of the impeachment of a
Chancellor, and it created great interest from the elevated
rank and distinguished personal character of the accused.
The bill of impeachment was divided into seven heads,
charging the Earl, while Chancellor, with having enriched
mhlself by defrauding the Crown, and with having put the
Great Seal to illegal charters and pardons. He had intrusted
his defence to his brother-in-law. Lord le Scrope, likewise an
Ex-chanceUor ; but the Lords observed that it would be more
to his honour if he should conduct it himself. He thereupon His de-
went through the different charges in order, contending that '
* 1 Pari. Hist. 1 86. f Rot. Par. 10 Ric. 2.
f 1 Pari, Hist, 189.

292

REIGN OF RICHARD II.

CHAP, XVI.

Death of
the Earl
of Suffolk.

A.D. 1388.

those which were fit ground of impeachment were unfounded
in fact, and that the others did not amount to any legal
offence. " As to his deserts he would be silent, but hoped that
what he had suffered for the King would not be forgotten."
Here Scrope was allowed to interpose. " The individual
now accused of misconduct as ChanceUor," he remarked,
" had served in war thirty years as a knight banneret with
out disgrace or reproof, had thrice been a captive in the hands
of the enemy, and had been Governor of Calais, Admiral of
the fleet, and oftentimes Ambassador from the King to foreign
states, — In all which capacities he had conducted himself
with the purest honour as well as with the highest ability."
The managers for the Commons were heard in reply, and
chiefly dwelt upon the charge, that, being Chancellor, and
obliged by his oath to consult the King's profit, he had pur
chased lands from the King below their true value. He
proved that he had made no purchase from the Crown while
he was Chancellor, and that all the bargains referred to had
been concluded before he was raised to that office. Never
theless he was found guilty of having defrauded the Crown,
and adjudged to forfeit several large sums of money, and to
be imprisoned during the King's pleasure. He was accord
ingly committed to the custody of the Lord High Constable,
and sent close prisoner to Windsor Castle, where he remained
till this parliament was dissolved, — when he was taken into
favour, and was able again to make head against his enemies.
This prosecution Is memorable a^ it confirmed to the
Commons their new claim of impeaching the ministers of the
Crown, and showed how the power might be abused to the
purposes of faction.
De la Pole, the Ex-chanceUor, was actively engaged in the
struggle which soon arose from the attempt to subject Richard,
like Henry III. and Edward IL, to a council of Barons,
armed with the powers of royalty. Upon the defeat of the
party who resisted these proceedings he was obUged to go
Into exile. He was kindly received by the King of France,
but died soon after of a broken heart, said to have been pro
duced less by his private misfortunes than by the calamities
he saw Impending over his country. That he was fit for the

THOMAS ARUNDEL, CHANCELLOR. 293
office of Chancellor, which had been held by Parnyng and chap,
Knyvet, it is impossible to assert ; but he seems to have filled  '
it with unspotted Integrity, and he certainly displayed high Hischa-
qualltles as a statesman as well as a soldier. His descendants racter.
were nearly allied to the throne, and several of them are
among the most distinguished characters In English history.
The new Chancellor, Thomas Arundel, was of illustrious Thomas
descent, being the son of Robert Earl of Arundel and Warren, ch^ii^j
He very early displayed great talents, and he had a respect- jjj^ famUy,
able share of the learning of the times. Taking orders, he Education,
was made Archdeacon of Taunton when scarce twenty-two
years of age, and it was not long before he entered parUament
as a Prelate, where we have seen he was the antagonist of
De la Pole, the Chancellor, with whom he had a long-con
tinued rivalry. - Supported by Gloucester, the King's uncle,
he was now completely In the ascendant ; for the two houses
were willingly ruled by him, and the King could make no
resistance. He used his power with no moderation ; for, not
contented with crushing his predecessor, he attempted per
manently to make himself master of the King and the kingdom.
An Act was passed, to which the royal assent was nominally
given, appointing a council of fourteen persons, to whom the
sovereign power was transferred for a twelvemonth, — and
the King was In reality dethroned. The Chancellor was the
first named in this commission.
But although Richard had taken an oath never to infringe Miscon-
rl t f
It, at the end of the session he publicly entered a protest that Rigij^rd II
the prerogatives of the Crown, notwithstanding his late con
cession, should still be deemed entire and unimpaired. The
Commissioners, without regarding this declaration, took pos
session of the government, but they were not long allowed
to exercise their authority without disturbance. Richard
was sensible of the contempt Into which he had fallen, and,
instigated by the Earl of Suffolk, whom he restored to liberty,
he made a bold effort to recover his authority. He assembled
TressIUan, the Chief Justice of England, and the other
Judges, at Nottingham, and obtained an opinion from them
that those who procured the late commission, or advised the
King to consent to It, were punishable with death, and that
u 3

294 REIGN OF RICHARD II.
chap, those who should persevere in maintaining it were guilty of
^^^' treason ; and that the House of Commons cannot, without the
King's consent, impeach any of bis Ministers or Judges.
Civil war. Glouccstcr and the Chancellor flew to arms as soon as they
heard of this consultation, and met Richard near Highgate
with a force which he and his adherents could not resist. They
accused the Earl of Suffolk, the Duke of Ireland, Sir Robert
TressIUan, and others who impugned the commission, as public
and dangerous enemies to the state.
A parlia- A ncw parliament was caUed in February, 1388 *, which
was opened by a speech from the Bishop of Ely, the Chan
cellor, inveighing against the opposite faction. An appeal of
treason, consisting of many articles, was preferred against the
discomfited leaders of it, and, as a matter of course, they
were found guilty. TressUIan, the Chief Justice, being dis
covered In an apothecary's shop In Palace Yard, where he
had some time lain concealed, was hanged at Tyburn, and
his fate seems to have excited little compassion, for he had
shown himself ready to mete out like injustice to others, and
he had extra-judlcIaUy pronounced opinions which, If acted
upon, would have been for ever fatal to public liberty.
It seemed as If those now in power never could be deprived
of It. Thomas of Arundel, the Chancellor, had been made
Arehbishop of York, and he no doubt expected to hold the
Arundel Great Seal without interruption for many years. But In the
l!^n"'i389. beginning of May, 1389, Richard unexpectedly and peaceably
recovered his authority, and all those who had been concerned
in the late plots against him were dismissed from their employ
ments. This change seems to have been brought about merely
by a reaction in public opinion, and a dislike in the English
nation to power remaining long in the same hands.
Richard, on this occasion, conducted himself with great
moderation, and he confirmed by proclamation the general
pardon which the parliament had passed for all offences.
* 1 Pari. Hist, 196, 1 St, Tr, 89,

AVILLIAM OP wickham, CHANCELLOR, 295

CHAPTER XVII.
CHANCELLORS AND KEEPERS OF THE GREAT SEAL PROM THE
SECOND CHANCELLORSHIP OF WILLIAM OE WICKHAM TILL THE
END OF THE EEIGN OP RICHARD II.
William op Wickham, Bishop of Winchester, after a chap,
retirement from office of eighteen years, was again made
Chancellor, as a person likely to be generally acceptable. May 4.
After his resignation of the Great Seal in 1371, he had '^sg.
employed himself in repairing the twelve castles, or manorial wickham
residences, belonging to him as Bishop, on which he spent ^'''"
20,000 marks ; — in rebuilding the cathedral at Winchester ; jjj^ histor
— and in reforming abuses in the monasteries and religious between his
houses within his diocese, particularly the ancient hospital of cruorsMps.
St. Cross, founded by the famous Bishop Henry de Blois,
brother of King Stephen.* Having been appointed by " the
Good Parliament," which met In 1376, one of the council
established to superintend the conduct of public affairs, he
had the misfortune to Incur the displeasure of the Duke of
Lancaster, who then wished to engross all power Into his own
hands. By his contrivance, eight Informations were filed
against the Bishop in the beginning of the next Michaelmas
term, charging him with various acts of pecuniary defalcation,
oppression, and perversion of the law while he was Keeper of
the Privy Seal and Lord Chancellor. The cause was tried
before a partial commission of Bishops, Peers, and Privy
CounciUors, and although convicted, only on one charge,
which amounted at most to an irregularity, he was heavily
fined, an order was issued for sequestering the revenues of
his bishopric, and he was forbidden to come within twenty
miles of the Court. When, on the petition of the Commons
the general pardon was issued by the King in consideration of
Its being the year of his jubilee, the Bishop of Winchester
alone was exempted from its benefit. His enemies contrived
* Under a regulation then made, every traveller who visits thc hospital is now
presented with a cup of ale and a small loaf, ut gustavi.
u 4

296

reign op RICHARD II.

CHAP. XVIL

A parlia
ment,
A. JJ. 1390.

The Chan
cellor lays
down h^s
office in
parliament, and is re
appointed.

to throw an Imputation upon him that he was patronised by
Alice Pierce, and that he Instigated her to withstand the
parUament. In spite of this scandal, his brethren of the
clergy now assembled in convocation, manfully took up his
cause, and his temporalities were restored to him on condition
of his fitting out three ships of war for the defence of the
kingdom. The mulct was remitted on the accession of
Richard II. ; but the prosecution subjected him to a loss of
10,000 marks.
During the minority of Richard the Ex-chanceUor had not
interfered with politics, except that after the suppression of
Wat Tyler's rebellion he was one of the seventeen persons
appointed by the Commons to confer with them on the con
dition of the kingdom, and that in 1386 he was one of the
fourteen appointed by the parUament, at the instigation of the
King's uncle, the Duke of Gloucester, to be a councU to
the King for one year, and to exercise all the powers of
government. In this capacity he conducted-hlmself with so
much mildness and moderation, that when Richard recovered
his authority he still wished to have him near his person.
His restoration to the office of Chancellor under the pre
sent circumstances was generally approved of ; for if his
judicial qualifications for it were slender, the people were
pleased to see it once more filled by a man of moderate opi
nions and unsullied integrity.
In January, 1390, a parliament met, which he opened with
a speech, " declaring the King to be of full age, and that he
Intended to govern his people in peace and quiet, and to do
justice and right to all men." *
The Chancellor then, to gain popularity, went through a
ceremony prescribed by a repealed statute of Edward III. ; —
he surrendered the Great Seal to the King before both houses
of parliament ; — the Bishop of St. David's, the Lord Treasurer,
at the same time delivered up the keys of the Exchequer ;
and they prayed that they might be discharged,—:-" complaining
of the great labour and costs to which they were continually
put In their said offices, and praying that other good and suf-

* 1 Pari. Hist. 216.

WILLIAM OF AVICKHAM, CHANCELLOR. 297
ficient persons might be appointed In their stead." After this chap.
resignation. It was openly proclaimed In full parliament, " that
if any. person could justly complain of any illegal action, or
any thing done amiss by them in their several offices, he should
come forth and he should be heard, for they now stood upon
their deliverance." Both the Lords and Commons answered
" that they knew nothing amiss against them, and that they
had behaved themselves well in their respective offices."
Whereupon the King re-Instated the Bishop of Winchester In
the office of Chancellor, and re-delivered to him the Great Seal,
and the Bishop of St. David's In the office of Treasurer, and
re-dell vered to him the keys of the Treasury.
Nevertheless the Commons showed great suspicion and
jealousy of the future proceedings of the Chancellor, for they
prayed the King " that neither the Chancellor nor the King's
Council, after the parliament Is ended, may make any ordi
nance against the common law nor the ancient customs of the
land, nor against the statutes heretofore passed in the present
parliament, and that no judgment rendered be annulled with
out due process of law." An evasive answer being given, the
Commons returned to the attack, and prayed " that if the
Chancellor should compel the King's lieges to appear before
him to answer any thing that may be recovered at common
law, he shall be liable to a penalty of lOOZ. ; " but the answer
still was — " The King willeth, as his progenitors have done,
saving his regality." *
William of Wickham remained Chancellor, the second Resigna-
time, till the 27th of September, 1391, — when he was sue- wiUiam of
ceeded by Thomas Arundel, Archbishop of York, who had Wickham.
been his Immediate predecessor.! This change took place
without any convulsion, and seems to have been the result of
an amicable compromise between the contending parties.
The Duke of Gloucester was restored to his place in the
council, and, for a short time, there was a prospect of public
tfanquIlUty. Here we must take leave of Lord Chancellor Wickham. His retire-
Froni this date he seems to have Interfered Uttle In pub]*c''uft
» Rot. Par. 13 Ric. 2. f Rot. Cl. 15 Ric. 2. m. 34.

298

REIGN OF RICHARD II.

CHAP. XVIL

His death.

His merits.

September,1391. Thomas de
Arundel's
second Chancel
lorship.

pubUc affairs. He was In some danger in 1397, when the
Duke of Gloucester was put to death and several of his
associates were attainted for their former resistance to the
royal authority ; but, at the intercession of the Commons,
it was declared by the King, from the throne, that the Bishop
of Winchester had not been implicated In what his fellow-
commissioners had then done. He was present in the parlia
ment held the 30th of September, 1399, when Richard was
deposed, and in the first parliament of Henry IV., sum
moned a few days after; but this was the last which he
attended. He now devoted himself to his episcopal duties,
and the superintendence of his two noble foundations at
Winchester and Oxford, which have contributed so much
to the cause of sound education in England, and have ren
dered his name so iUustrlous.*
He expired on the 27th of September, 1404, in the eighty-
first year of his age, having presided over the see of Win
chester above thirty-eight years..
None of his decisions as Chancellor have come down to us,
but he left a greater name to posterity than many of his sue-'
cessors of much higher juridical authority. We are to ad
mire in him not only his unrivalled skill in one of the fine
arts, but his extraordiaary aptitude for all civil business, his
equal and benevolent temper, his enlightened munificence,
and his devoted love of learning.!
We are now in the tranquil period of Richard's reign, in
which he was permitted to give free scope to his love of indo
lence, low pleasures, and frivolous company. Thomas de
Arundel's second Chancellorship lasted about five years,
without being marked by any striking events tUl the close of

* The bull of Pope Urbanus VI. for founding Winchester school, was granted
1st June, 1378. The building of the college at Oxford, which he called " St.
Mary CoUege of Winchester, at Oxford," afterwards " New College," was begun
in 1380 and finished in 1386; the papal bull confirming its statutes is dated
19th July, 1398. I have a great kindness for the memory of William of Wick
ham, when I think of his having produced such Wickhamists as my friends
Baron Rolfe and Professor Empson. •
" Hactenus ire libet, tu major laudibus istis
Suscipe conatus, Wicame Dive, meos."
t See Hist. Descrip. Gul. Wick. Life by Lowth.

THOMAS ARUNDEL, CHANCELLOR.

299

It. Parties continued pretty equally balanced, and what has
since been called a juste milieu government prevailed.
During this time the jurisdiction of the Court of Chancery
was greatly extended, and the famous writ of subpoena came
into use as Invented or improved by John de Waltham, who
was Master of the Rolls, and several times Intrusted with the
custody of the Great Seal as deputy to the Chancellor,
though he never held It in his own right.*

CHAP. XVIL

'* Blackstone is entirely mistaken in asserting that John de Waltham was History of
Chancellor to Richard II.', and as he never was ChanceUor, nor held the Great John de
Seal as Keeper in his own right, he does not properly come into the list of those Waltham.
whose lives I have undertaken to write. Yet, as his name is so distinguished
in the history of the equitable jurisdiction of the Court of Chancery, the reader
may be desirous of being informed of what is known concerning him.
His birth and place of education have not been traced. He was an eccle
siastic who devoted himself to the study of the civil and canon law, in which he
made great proficiency. He was early introduced as a clerk in Chancery, and
soon rose to be a Master. Rendering himself useful to Lord ChanceUor Cour
tenay, he was by bis interest appointed one of the Receivers of Petitions for
England, Ireland, Wales, and Scotland, in the parliament which met in
5 Ric. 2., and in the same year was created Master of the Rolls. 2 The fol
lowing year, under Lord Chancellor Scrope, he was a Keeper of the Great Seal
along with Hugh de Segrave, the Treasurer of England, and William de Digh-
ton. Keeper of the Privy Seal, and fjf was a joint Keeper of the Great Seal ^
likewise, under the two succeeding Chancellors. But in April, 1386, he was
appointed sole Keeper of the Great Seal under Lord Chancellor de la Pole*,
and again in September, 1394, under Lord Chancellor Arundel.* He was after
wards consecrated Bishop of SaUsbury, and finally was made Lord Treasurer of
England. °
But the great disgrace or glory imputed to him, was the invention of the writ His inven-
of SUBPCENA in Chancery, and some have represented him by the sale of his new tion of
writ, and his extension of the jurisdiction of the Chancellor, in derogation of the writ of
common law, to merit the denunciation, subpcina.
" Vendidit hie auro patriam, dominumque potentem
Imposuit, fixit leges pretio atque refixit;"
while others would inscribe his name among those
" Inventas — qui vitam excoluere per artes,
Quique sui memores alios fecere merendo."
In censuring and extolling him there has been much exaggeration. While
obscurity veils the honour due to. the first happy discoverers of the latitat and
quo minus, the indignant complaint of the Commons " that the subpoena in
Chancery had never been known before the time of Sir John de Waltham," has
fixed upon him the responsibility of being the author of this writ. In reality,
he first framed it in its present form, wXtea a clerk in Chancery, in the latter
end of the reign of Edward III. ; but the invention consisted in merely adding
to the old clause Quibusdam certis de causis, the words " Et hoc sub poena cen-
tdm librarum nullatenus omittas';" and I am at a loss to conceive how such

' Bl. Com. iii. 52.
' Rot. Pat. 5 Ric. 2, m. 22.
' Rot. Cl. 6 Ric. 2, m, 12.
* Rot, Cl, 9 Ric. 2. m. 5.
« 14 Ric. 2. Or. Jur, 54,
' See Rot. Pat, 38 Ed, 3, p. i. m. 15.

Rot. Pari, 3 Hen. 5. m. 2.
Rot. Cl. 9 Ric. 2. = Rot. Cl. 18 Ric. 2. m. 31.

Rot. Claus. 20 Ed. 3. p. ii. m. 4. d.

300

REIGN OP RICHARD II.

CHAP. XVIL

Proceed
ings in par
liamentagainst the
Court of
Chancery.

Chancellor
goes with
King to
Ireland.

These innovations were highly unpopular, and jjjorous
attempts were made to check them ; but nothing m^^Tcould
be effected In this reign than passing stat. 17 Rich, II. c. 6.,
entitled, " Upon an untrue suggestion in the Chancerj,
Damages may be awarded," whereby, after reciting " that
forasmuch as people be compelled to come before the King's
counsel or in the Chancery by writs grounded on untrue sugr
gestions," it Is enacted, "that the Chancellor for the time
being, presently after that such suggestions be duly found and
proved untrue, shall have power to ordain and award da
mages, according to his discretion, to him which is so
troubled unduly, as aforesaid."
This remedy, which was referred to the discretion of the
Chancellor himself, whose jurisdiction was to be controlled,
proved, as might have been expected, wholly ineffectual, but
It was used as a parliamentary recognition of his jurisdiction,
and a pretence for refusing to establish/ any other check
to It.
In the month of September, 1394, the Chancellor attended
the King Into Ireland, when the Great Seal was committed
to the custody of John de Waltham, who had now risen to
the dignity of Bishop of Salisbury and Treasurer of England;
but when he likewise went to Ireland, it was handed over
to John Searle, who had succeeded him as Master of the
RoUs. It was thrice again in the keeping of the same person
before the next revolution of the government, on occasions
when the Chancellor, now translated to the see of Canter
bury, was too much occupied with his other avocations to
attend to his judicial duties.*
The Duke of Gloucester, to whose party Arundel had
attached himself, now made a struggle to grasp the whole
power of the state, and, 'according to Frolssart, aimed at the

His death.

importance was attached to it, or how it was supposed to have broun-ht about so
complete a revolution in equitable proceedings ; for the penalty never was
enforced, and if the party faUed to appear, his default was treated (according to
the practice prevaUing to our own time) as a contempt of court, and made the
foundation of compulsory process.
John de Waltham continued to hold the office of Lord Treasurer till his death
in September, 1395. By the command of Richard II. he was buried in the
chapel royal of Westminster Abbey, among the Kings of England.
* Rot. Cl. 19 Ric. 21, m. 12. 20 Ric, 2, m. 28.

THOMAS ARUNDEL, CHANCELLOR, 301
crowiwtself, although Richard had declared in parliament CHAP.
that, i^^fise of his decease without Issue, the house of March, 

descended from the Duke of Clarence, the second son of Ed
ward III., were his true heirs.
Richard for a short time showed some energy In defence of Removal
his rights. Arundel, the Chancellor, was removed from his Kov. 23.
office, and replaced by Edmund Stafford, Bishop of Exeter, ^^s^-
who had sided with Gloucester's enemies, and Gloucester srAFro"D
himself was arrested and sent over to Calais as a state pri- Chancellor.
soner. The Dukes of Lancaster and York, the King's other
uncles, concurred In these measures, and all who had opposed
them were now at the mercy of the ruling faction.
As usual on such occasions, a parliament was called to
register decrees of vengeance, and acted with the expected
vigour and unanimity. Some objection might safely be made
to a particular measure which did not excite the passions of
men as It passed through either House ; but a regular par
liamentary opposition was unknown, and no division ever took
place on a bill of attainder or forfeiture, — for this plain reason,
that the names of the minority would have been Immediately
Introduced into the bill, and they would forthwith have found
themselves entering through the Traitor's Gate Into the Tower,
shortly to tread the scaffold on Tower HIU, If not assassinated
before the day fixed for their execution.
Lord Chancellor Stafford opened the session with a speech chancel-
from the words of Ezekiel, " Rex unus erit omnibus." He '"''s speech
Till • 1 . o" opening
prepared men for a little wholesome severity, by saying, parliament. '
" That laws ought to be executed, appears by the common
example of a good father who uses to strike as well as stroke
his child ; for the better execution of them, the King has
appointed new judges and officers through the realm." *
The first step of the Cpmmons was to Impeach the Ex- Ex-chan-
chancellor Arundel, for treason. In respect of what he had ^"°'' ,
done when Bishop of Ely, in procuring the Commission In the impeached
tenth year of the King's reign. Knowing that defence was ricted™'
useless, and that being a churchman his life was safe, he con
fessed the charge. Upon this, the King and the Lords
* 1 Pari. Hist. 221.

302

REIGN OF RICHARD II.

CHAP. XVIL

Family of
the Staf-_
fords.

A.D, 1399.

temporal, and (strange to say) the Prelates, by a lay commoner
who held their proxy, " adjudged and declared the said
article which the Archbishop had confessed to be treason, and
that It touched the King himself; for which they also ad
judged and declared him a traitor, and It was awarded that he
should be banished out of the kingdom, have his temporalities
seized, and forfeit all his lands and goods to the King."
However, he had six weeks allowed him to pass by the port
of Dover into France.*
The Earl of Arundel, his brother, to the same charge
pleaded the pardon granted by act of parliament as well as by
proclamation ; but the plea was overruled, and he was con
victed and executed.
The new ChanceUor, the Bishop of Exeter, who presided
over these atrocities, was of Illustrious descent, being of the
family of the StaffordS, which from the Conquest till the
reign of Henry VIII. flourished at thc head of the English
nobility. He was a younger brother of the present Earl. The
men 6f obscure origin, however great their talents, generally
worked their way slowly up to the high ecclesiastical dig
nities, which were often bestowed on youths of high birth,
almost before they were of canonical age to take orders.
Edmund Stafford was consecrated Bishop of Exeter, pos
sessing little theological learning, and was now made Lord
Chancellor without any knowledge of the law. But he was
a daring and reckless politician.
It Is to be hoped that he did not counsel the murder of the
Duke of Gloucester at Calais, although Hume rather justifies
this coup d'etat, on the ground that a person of such Influence
could not have been safely brought to trial In England!, but
the Chancellor openly sanctioned the banishment of Henry
of Bolingbroke and the Duke of Norfolk, together with the
other hasty and tyrannical measures which were precipitating
the fate of the unhappy Richard.
On the death of John of Gaunt, Duke of Lancaster, the
King, with the concurrence of the Chancellor, seized all the
possessions and jurisdictions of this powerful family as for-

» 1 St. Tr. 123.

t Vol. iii. 32.

JOHN SEARLE, CHANCELLOR. 303
felted to the Crown, although the sentence against Henry of chap,
Bolingbroke had only been banishment for ten years, and
it had been expressly stipulated that he should be entitled by
his attorney to enter into possession of any succession that
might fall to him in the mean time. This act of injustice
made Henry desperate, and led to his Invasion of England
and his claim of the crown.
Edmund Stafford, the ChanceUor, did not accompany Henry of
Richard in his Ul-judged expedition to Ireland, and he seems broke^'
to have remained In possession of the Great Seal in London claims the
till after Henry had landed at Ravenspurg, — had been joined
by the Duke of York at St. Alban's, — had taken Bristol, —
had put to death the Earl of Wiltshire and others of the
King's ministers whom he found there, — had got possession
of Richard's person on his return from Ireland, — and was de
facto the master of the kingdom.
As might be expected, the records at the conclusion of this John
reign are very defective, and historians and antiquaries have chancellor.
been much puzzled respecting the manner In which the office
of Chancellor was then disposed of. There is no entry to be
found of any transfer of the Great Seal under Richard from
the time when Stafford, Bishop of Exeter, was first sworn
in ; but from Privy Seal bUls still extant, it is certain that
before Richard's formal deposition, and the elevation of Henry
to the throne, Thomas de Arundel, Archbishop of Canter
bury, and John Searle, who had been made Master of the
Rolls in 1394, were successively Invested with the office of
Chancellor. The transfer of the Seal to Arundel must have been be- •*•"• isgg.
tween the 15th of July and the 23d of August, the former
being the last date of the Privy Seal bills addressed to the
Bishop of Exeter, and the other the earliest date of those ad
dressed to the Archbishop of Canterbury ; and on the like
evidence Searle's appointment must have been between the
3d and .5th of September.
The learned and acute Mr. Duffus Hardy conjectures that
Richard had recalled the Archbishop from banishment, and
again made him Chancellor * ; but, with the greatest respect
* Hardy's Chancellors, 46.

304

REIGN OP RICHARD II.

CHAP. XVIL

Ex-chan
cellor Arundel
accompanies Henry.

A. u. 1399.

for this high authority, I think It certain that the change was
made, though In Richard's name, yet without his privity, and
by those who were about to dethrone him.
When Bolingbroke and the Duke of Norfolk were banished,
It was prescribed that they should have no Intercourse with
Archbishop Arundel, then in exile, and considered a very
dangerous man ; but as soon as Bolingbroke had renounced
all thoughts of reconciliation with Richard, he entered into a
close alliance with the Archbishop, and they jointly planned
the invasion of England during Richard's absence in Ireland.
The Archbishop, with his nephew the young Earl of Arundel,
embarked with Henry at Nantes, landed with him in York
shire, advised and supported him in all his proceedings, and
actually placed the crown upon his head. From the time
when Richard surrendered himself to the Earl of Northum
berland at Conway, which was on the 18th of August, he
was a prisoner, and having been forced to Issue writs for the
calling of a parliament to depose hira, he was carried to
London, and kept In close custody in the Tower. We may
conjecture that an order was extorted at the same time for
delivering the Seal to the Archbishop, and that by him the
writs were sealed.
It seems at first sight more difficult to account for
Arundel's parting with the office so suddenly ; for Searle was
certainly Chancellor by the 5th of September, and Richard's
reign nominally continued till the 30th of the same month,
when parliament met, and his deposition was pronounced.
Searle was in the interest of Henry, and was continued by him
In office.
The probability Is, that the Archbishop, who caf5t all the
parts in the drama of the revolution, intending that he himself,
as Metropolitan and first in precedence In the realm, should
lead Henry to the vacant throne in Westminster Hall, and
crown him in Westminster Abbey, conceived that it would
have a better effect if he should appear only in his sacred
character, and the civil office of Chancellor should for the
time be filled by another. He, therefore, may have handed it
over to Searle, his creature. In the belief that he should be
able to resume it at pleasure.

JOHN SEARLE, CHANCELLOR. 305
I do not find Searle's name mentioned as taking anv active CHAP, XVII
part In the parUamentary proceedings on this change of 

dynasty, and he was probably only permitted to sit on the
wool- sack in the House of Lords, and to put the question as
Speaker. On MIchaelmas-day, the Archbishop accompanied Henry Deposition
to the Tower, Richard, whUe a prisoner there, having said °^i'"^''^'''i
that " he was willing to resign as 'he had promised, but that
he desired to have some discourse with his cousin the Duke of
Lancaster and the Archbishop of Canterbury before he ful
filled such his promise." The record of the deposition on the
Parliament Roll relates that " the King, having had discourse
with the said Duke and Arehbishop, exhibiting a merry
countenance as appeared to those that stood round about,
holding the schedule of renunciation In his hand, very wil
lingly read the same and subscribed it, and absolved all his
subjects from their allegiance to him." When this Instru
ment, supposed to have been so freely and cheerfuUy executed,
was read in parliament next day, " It was demanded by the
Chancellor of the estates and people then present, — to wit,
first, the Archbishop of Canterbury, to whom, by reason of
the dignity and prerogative of his metropolitan church it be
longs in this behalf to have the first voice amongst the rest of
the prelates and nobles of the realm, whether for their interest,
and the utility of the kingdom, they ivould be willing to admit
such renunciation and cession ? " This being carried with great
applause, the Archbishop thought It would be well to have
another string to his bow, lest hereafter the free agency of the
act of resignation should be doubted by some suspicious per
sons, and he caused articles to be exhibited against Richard
for misgovernment, and a solemn sentence of deiDOsItlon to be
pronounced against him.*
The throne thus being declared vacant, Henry of Boling
broke, who had taken his seat at the head of the temporal
lords, rose and made his memorable claim, " in the name of
Fader, Son, and Holy Ghost," having humbly fortified hlm-
* 1 St. Tr. 135, 1 Pari, Hist. 242.
VOL. I. X

306

REIGN OP RICHARD II.

CHAP. XVII.
Henry
raised to
the throne.

New par
liament.

Celebrated
speech for
Richard by
Bishop of
Carlisle.

self with the sign of the cross on his forehead and on his
breast. The states, with the whole people, having consented that the
said Duke should reign over them, the Archbishop, taking him
by the right hand, led him to the royal chair of state, which
had been placed at the upper end of the hall ; and when
the new King, kneeling down before it, had prayed a little
while, the Archbishop caused him to sit In the royal seat, and
delivered an oration from the text, Vir dominahitur populo,
" A man shall reign over my people," 1 Sam. Ix. 17.; in which
he pointed out the evils of the rule of children, and the abuses
of the late reign, and the blessings to be expected from the
mature wisdom of him who was now to wield the sceptre ;
concluding with these words — " And so. In the stead of a
child wantoning In foolish stubborn humours, a man shaU
reign — and such a man, that it shall be said .of him, A king .
shall reign in wisdom, and he shall execute judgment and do
justice in the earth." *
On the 6th of October following, a new parliament met
under writs of summons issued under Henry's Great Seal, to
ratify these proceedings.
Lord Chancellor Searle was still silent, and the session was
opened by a speech from the Archbishop, who took for his
text these words out of Maccabees, " Incumbit nobis ordinare
pro regno," — propounding the constitutional doctrine, ".that a
King is not to rule by his own will or humour, but to be
governed by the honourable, discreet, and sage men of the
realm." !
His motion for confirming what had been done In the depo
sition of Richard and the elevation of Henry, was passed with
the dissentient voice of one, who strenuously resisted it, and
earned the bright testimony " that he was the only honest
man in this parliament, scorning life and fortune In respect to
his Sovereign's right and his own aUeglance." The noble
speech of the Bishop of Carlisle on this occasion, as given by
Sir John Hayward, greatiy exceeds, not only in boldness,
but In lucid arrangement, close reasoning, and touching elo-

* 1 Pari. Hist. 249.

t Ibid. 285.

STATE OF THE LAW. 307
quence, any thing that could be expected from that age.* chap.
The oration was listened to ; but as soon as the orator had XVIL
concluded It, he was attached of high treason, and sent pri- ~
soner to the Abbey of St. Alban's. Though his life was safe,
he was deprived of his bishopric. The Pope, as a testimony
to his Integrity, made him titular Bishop of Samos.
The Archbishop then moved that the King should be
prayed to create his eldest son Prince of Wales, Duke of
Cornwall, and Earl of Chester, which was carried unani
mously ; and thereupon the King, sitting In his royal seat In
full parliament, put a coronet on the head of Prince Henry,
and a ring of gold on his finger, and gave him a golden rod
in his hand, and kissed him. !
, The Archbishop had next to manage a very delicate matter Fate of
• — "the disposal of Richard's person in order to his keeping
in safe custody, for the King would have his life saved."
Twenty-two spiritual and thirty-six lay lords being all who
were present, were severally asked their opinion, and they all
assented to the resolution, " that he should be put under a
safe and secret guard, and that no person who had been
familiar with him should be about his person, and that it
should be done in the most secret manner that could be
devised." I
We must not enter into the controversy how the unhappy
Richard came to his end, — whether by violence or famine ; —
and before passing on to the Chancellors of his successor, we
can only make a few observations on the equitable jurisdiction
of the Court of Chancery during his reign.
The practice of referring matters by parliament to the Equitable
lunsdiction
Chancellor still occasionally prevailed. Thus In 15 Rich. II. ,,£ the
two petitions were addressed to the King and the Peers, and ^°^^'^°^
the answer to each was the same, — " that the petition be sent i,, reign of
to the Chancery,— the ChanceUor to hear both parties,— Richard 1 1.
and further let there be done by authority of parliament that
which right and reason and good faith and good conscience
demand." §
* 1 Pari, Hist. 274. See a beautiful abstract of it at the conclusion of
Hume's History of Ric. 2. vol. iii. 43., and see Shak. Ric. 2. act iv. scene 1,
t 1 Pari. Hist. 273. t ^^id. 274. § Rot. Pari. vol. iii, 297.
X 2

308

REIGN OP RICHARD II.

CHAP, XVIL

Complaint
ag.ainst Masters in
Chancery.

But the circuity of a petition to parUament or to the
councU was now seldom resorted to. I 'have shown the
opinion to be unfounded, that the equitable jurisdiction of the
Court of Chancery was not of earUer date ; but there can be
no doubt that, about this time, It was very much extended.
The petitions of the Commons In the 13th of Richard II.,"that
the Chancellor might make no order against the common law,
and that no one should appear before the Chancellor where
recovery was given by the common law," carry in them
an admission that a power of judicature did reside In the
Chancellor, so long as he did not determine against the
common law, nor interpose where the common law fur
nished a remedy. The King's answer, " that it should con
tinue as the usage had been heretofore," clearly demonstrates
that such an authority, restrained within due bounds, was re
cognised by the constitution of the country.
The use of the writ of subpoena to compel an appearance
by the defendant, gave new vigour to the process of the
Court, and the necessity for previously filing a written state
ment of the grievance alleged to require relief In equity, Intro
duced the formal proceeding by " Bill and Answer," Instead of
a mere loose petition to be beard In a summary way, ore tenus.
In fact, the practice of addressing bills directly to the Chan
cellor had become quite common, and many of them are still
extant. The greatest indignation broke forth In this reign against
the Masters In Chancery, who were considered overgrown
and oppressive sinecurists. In 5 R. II. a complaint was exhi
bited against them In parliament, " that they were over fatt
both In boddie and purse, and over well furred in their bene
fices, and put the KInge to veiry great cost more than need
ed*," — -yet nothing effectual was done to reform them'.
The execution of TressUIan, and the punishment of the
other common-law judges under Lord Chancellor Arundel, was
attended with much violence, but had a powerful influence in
creating a respect for parliamentary privilege, which they had
attempted utterly to subvert.

* Harg. Law Tracts, 314.

STATE OP THE LAW. 309
Upon the whole, down to the accession of the House of chap.
Lancaster, our juridical Institutions, including the Court of ^
Chancery, had gone on with a steady Improvement, but they
remained nearly stationary from this time till the union of the
Roses In the reign of Henry VIL*
• It may be worth while to give a specimen of the cases which during this
reign came before the Chancellor.
Tregoys v. Earl of Warwick. Plaintiff having been imprisoned by defendant
as his villain regardant to his manor of Carnanton, and discharged on bail to
try the question of his free estate, prays the Chancellor to ordain a remedy in
discharge of his bail and for the preservation of his estate.
Briddicole v. Foster. Plaintiff prays a remedy against defendant, by whom
he had been grievously assaulted and conveyed to the Compter on a false plea
of debt of 1000?,
Joan Scaldewell v. Stormesworth. Plaintiff complains of a violent outrage
and robbery committed on the person of her husband by the defendant and
others, for which they are indicted, and prays that the indictments may be
removed into the King's Bench, and that defendant come before the Chancellor
to give security of the peace.
Browning v. Warde. Plaintiff complains of an assault made upon him while
in the execution of his office as one of the chief constables of the county of
Gloucester, before the justices of the peace at their session. See Cooper on
Public Records, u. pp. 359, 360. 377.

X 3

310

REIGN OP HENRY IV.

CHAPTER XVIII.

CHANCELLOES AND KEEPEES OF THE GEEAT SEAL DUEING THE
EEIGN OF HENET IV.

CHAP.
XVIIL
Sept. 30.
1399.
John Searle,
nominally Chancellor.

A parlia
ment.

Chancellor
not aUowed
to address
the two
Houses.

Resigns.

John Searle, who had nominaUy been Chancellor to
Richard II., and presided on the wool-sack as a tool of Arch
bishop Arundel, was for a short time continued In the office
by the new Sovereign.
Little Is known respecting his origin or prior history. He
is supposed to have been a m«re clerk in the Chancery
brought forward for a temporary purpose to play the part of
ChanceUor. Having strutted and fretted his hour upon
the stage, he was heard of no more. It proved convenient
for the Staffords, the Beauforts, and the Arundels, that he
should be thus suddenly elevated and depressed. . ' .,
Henry began his reign by summoning a parliament to
meet at Westminster on the 21st of January, 1401. On
that day the knights and burgesses were called into the Court
of Chancery in Westminster Hall before the Chancellor, and
by the King's authority he put off the meeting of the parliament
till the morrow.* The Lords and Commons then met the
King In the Painted Chamber, but on account of Incapacity
for public speaking the Chancellor was sUent, and the speech
explaining the causes of calling parliament, was, by the
King's command, delivered by Sir William Thyrning, Chief
Justice of the King's Bench.
On the 9th of March following Lord Chancellor Searle sur
rendered the Great Seal to the King in full parliament, and
his Majesty immediately delivered it to Edmund Stafford,
Bishop of Exeter,- who had held It towards the end of the
preceding reign, and had been a special favourite of Richard,
but had joined in the vote for deposing him.

» 1 Pari. Hist. 285.

EDMUND STAFFORD, CHANCELLOR. 311
We are left entirely Ignorant as to the fate of Ex-chan- chap.
cellor Searle. Had he been a prelate we should have traced ^^^^l-
him In the chronicles of his diocese, but we have no means jJiiTob^
of discovering the retreat of a layman, unconnected with any scurity.
considerable family, and of no personal eminence. He was
probably fed in the buttery of some of the great barons
whom he had served, hardly distinguished while he lived or
when he died from their other idle retainers. He may enjoy /
the celebrity of being the most inconsiderable man who ever /
held the office of Chancellor in England. "¦ --'
Edmund Stafford, restored to the office of Chancellor, Edmund
now found his situation very irksome, and very different restored.
from what It had been under the feeble Richard. Henry
looked with jealousy and distrust even on those who had
helped him to the crown, and confined all whom he employed
strictly to their official duties. The Chancellor's disgust was
increased by an .attack which the Commons now made on
the jurisdiction of his Court. They complained by petition
to the King of the new writ of subpoena, and prayed " that
people might be only treated according to the right laws of
the land anciently used ; " but the King's answer tended to
confirm the jurisdiction complained of : " Such writs ought
not to Issue except In necessary cases, and then by the dis
cretion of the Chancellor or King's council for the time
being." A considerable Improvement, however, was effected In the issues of
T n -,. 1 . • • 1 i fact arising
mode 01 proceeding when issues were joined upon contro- ;„ coy^t of
verted facts In the Court of Chancery. Th^ custom seems Chancery
to have been for the Chancellor himself to try them, calling ;„ a court
in common-law judges to his assistance ; but the Commons
now prayed " that because great mischiefs happen In the
Court of Chancery by the discussion of all pleas in matters
traversed in the said Court, and by the judges of the two
benches being taken out of their Courts to assist In the dis
cussion of such matters, to the great delay of the law and to
the damage of the people, the King would ordain that tra
verses In the Court of Chancery be sent and returned either
Into the King's Bench or Common Pleas, and there discussed

of common
law.

312

REIGN OF HENRY IV.

CHAP.
XVIIL

The Chan
ceUor re
signs.

His retreat
and death.

Feb. 1403.
March 10.
1403, Cardinal
Beaufort, Chancellor, His origin
and early
career.

and determined according to law." The King's answer was,
" The ChanceUor, by virtue of his office, may grant the same,
and let it be, as It has been before -these times, at the dis
cretion of the Chancellor for the time being."* Ever since,
when an Issue of fact is joined on the common-law side of
the Court, the Chancellor hands it over to be tried In the
Court of King's Bench, and controverted facts In equity
proceedings he directs to be tried by a jury In any of the
common-law Courts at his discretion.
Stafford held the Great Seal only tUl the end of February,
1403. The office stript of its power had lost its attraction
for him, and he, who differed very little from the warlike
baron his elder brother, had no inclination to sit day by day
as a judge in the Court of Chancery, for which he felt him
self so unfit, — under the vigilant superintendence of the un
mannerly Commons. He therefore wiUingly resigned the
Great Seal Into the King's hands, and retired to his diocese
to exercise baronial hospitality, and to enjoy hunting and
the other sports of the field, in the vain hope that some
revolution in politics would again enable him to mix In the
factious strife which still more delighted him. But he con
tinued to languish in tranquillity, and before the war of the
Roses began, which would so much have suited his taste,
he was gathered to his fathers.
Upon this vacancy the Great Seal was given to the King's
half-brother, Henry Beaufort !, who was four times Lord
Chancellor, who was created a Cardinal, and who made a dis
tinguished figure as a statesman during three reigns.
He was the second son of John of Gaunt, by his mistress
Catherine Swinford, afterwards his wife, and with the other
Issue of this connection, he had been legitimated by act of par
liament In the 20th of Richard II. , under the condition of not
being entitled to succeed to the Crown. He studied both at
Oxford, at Cambridge, and at AIx la Chapelle. Taking
orders, he rose rapidly in the church, and while stiU a young
man, he was, in 1397, made Bishop of Lincoln by his royal

• Rot, Par, 2 Hen, 4,

! Privy Seal BUls, 4 Hen, 4,

CARDINAL BEAUFORT, CHANCELLOR. 313
cousin. He gained great celebrity by assisting at the Council chap,
of Constance, and by making a pilgrimage to Jerusalem, ^^lll.
When he first obtained the Great Seal he still remained
Bishop of Lincoln.
The following year he was translated to Winchester, where
he succeeded the famous WiUiam of Wickham, and he con
tinued till his death to hold this see, then considered the best
in England to accumulate wealth, — which was through life his
ruling passion, great as was his love of power.
During this reign, the King was his own minister, and His con-
neither the present nor any of his other Chancellors had much chMcellor
influence In the affairs of government. They were in the ^
habit of delivering a speech at the opening of every parlia
ment ; but it was rather considered the speech of the King,
which could not be censured without disloyalty.
Three parliaments met in Henry Beaufort's first Chancel- Attempt of
lorshlp, at which nothing very memorable was effected ; but J? °"^ "'^
at the last of them an attempt was made by the Commons to seize
(probably at the instigation of the King), which, if it had sue- ^^"plrty.
ceeded, would have greatly altered both the ecclesiastical and
civil history of the country. All who are friendly to a well-
endowed church ought to exclaim, " Thank God we have had a
House of Lords." The Chancellor, in a speech from the text,
" Rex vocavit seniores terras," having pressed most urgently
for supplies, the Commons came in a body, and the King being
on the throne proposed, " That without burthening his people,
he might supply his occasions by seizing on the revenues of the
clergy ; that the clergy possessed a third part of the riches of
the realm, which evidently made them negligent in their duty ;
and that the lessening of their excessive Incomes would be a
double advantage both to the church and the state."
Archbishop Arundel, being now free from the trammels of
office, said to the King, who seems to have been addressed as
the president of the assembly, " That though the ecclesiastics
served him not in person. It could not be inferred that they
were unserviceable ; that the stripping the clergy of their
estates would put a stop to then: prayers night and day for the
welfare of the state ; and there was no expecting God's pro-

314

REIGN OF HENRY IV.

CHAP,
XVIIL

" Lack-
learning parliament."

tection of the kingdom If the prayers of the church were so
little valued." The Speaker of the Commons standing at the
bar, smiled, and said openly, " that he thought the prayers of
the church a very slender supply." To which the Archbishop
answered, with some emotion, " that if the prayers of the church
were so slighted, it would be found difficult to deprive them
of their estates without exposing the kingdom to great danger ;
and so long as he were Archbishop of Canterbury, he would
oppose the injustice to the utmost in his power." Then sud
denly falling on his knees before the King, "he strongly
pressed him in point of conscience, and endeavoured to make
him sensible that of all the crimes a Prince could commit,
none was so heinous as an invasion of the church's patrimony."
The King, seeing the Impression made upon the Peers, de
clared " that he had made a firm resolution to support the
church with all his power, and hoped by God's assistance to
leave her in a better state than he found her." The Arch
bishop, construing this as a peremptory veto on the proposal
of the Commons, turned to them and made them a most in
sulting speech, telling them their demand was built wholly on
irreligion and avarice ; " and verily," added he, "I will sooner
have my head cut off than that the church should be de
prived of the least right pertaining to It." Such a scene Is
very inconsistent with our notions of parliamentary decorum.
The Commons not convinced, — on their return to their
own chamber passed a bill to carry their scheme Into effect ;
but the solicitations of the Archbishop and the other Pre
lates were so powerful with the Lords that they threw
it out.* The recklessness of the Commons may have arisen from
their not having had a single lawyer among them. Lord
ChancellorBeaufortjinframing the writs of summons, illegally
inserted a prohibition, " that no apprentice or other ^man
of the law should be elected," — grounded on a most un
constitutional ordinance of the Lords in the 46th of Edward
IIL, to which the Commons had never assented, and which

* 1 Pari. Hist. 294.

THOMAS LONGLEY, CHANCELLOR. 315
had not been acted upon. In return for such a slight, our CHAP.
law books and historians have branded this parliament with ^^m-
the name of " parliamentum Indoctum," or " the lack-learning
parliament ; " and Sir Edward Coke observes with some
spleen, that " there never was a good law made thereat : " —
adding that as these writs were against law, lawyers ever
since (for the great and good service op THE com
monwealth) have been eligible.*
At the end of two years Henry Beaufort appears to have Feb. 27.
lost his royal brother's favour, for he was removed from his cardinal
office, and he did not recover It during the remainder of this Beaufort
reign. '"^°""^-
He was now succeeded by an ecclesiastic, Thomas Long- Thomas
LEY, who then having high church preferment, was likewise chancellor.
Keeper of the Privy Seal, — was soon raised to the See of
Durham!, — was afterwards made a Cardinal J, — and had
the fortune to be Chancellor under three successive Sove
reigns. I have not been able to discover any trace of his origin,
and must consider him one of the many aspiring men who
through the church rose from obscurity to high offices In
Church and State. The earliest notice of him Is In 1401,
when he was admitted a canon of York. He then recom
mended himself to Cardinal Beaufort, by whose interest he
was made Keeper of the Privy Seal.
Longley's first Chancellorship lasted little more than a year. Feb. is.
During that time he presided at a parliament called by the ^*°®'
King, chiefly for the purpose of introducing the Salic law ;ntro™uce°
into England, whereby, although the Crown had come to the Saiic law
house of Plantagenet through a female, it was to descend only ]and.
to males, — with a view of superseding the claim of the
descendants of the daughter of Lionel, Duke of Clarence.
One of these, Richard Plantagenet, Duke of York, according
to the doctrine of legitimacy, was now entitled to occupy the
throne. The Chancellor, to prepare the minds of the members
of both Houses of ParUament for this measure, opened the ses-

* 1 Bl. Com. 177. 4 Inst. 48, Some writers say that the prohibition was
contained in letters written by the King himself to the Sheriffs.
f May, 1406. I By Pope John XXIIL in 1411.

316

REIGN OF HENRY IV.

CHAP.
XVIIL

Proceed
ings in
parliamentrespectingthe Court
of Chan
cery.
A. D. 1405.

sion with a A^ery learned and conciliatory speech from the text,
" Multorum conslUa requlruntur In magnis," and he compared
the King to Ahashuerus, Qui interrogavit sapientes et illorum
cauta faciebat consilia.
An act was accordingly passed in due form for entailing
the Crown on the present King and the heirs male of his body,
tacitly excluding females ; but this act was so much disliked
by the nation, who during the wars for fifty years arising out
of the claim of Edward III. to the Crown of France, had
fought for the contrary doctrine, and who dreaded future
civil wars from any change in the law of succession, that it
was almost Immediately after repealed, and the Crown was
settled upon the King and his descendants according to the
ancient rules of inheritance.*
The House of Commons took the opportunity to enquire
diUgently into all abuses, particularly in the administration of
justice, and complained of the encroachments and delays in
the Court of Chancery, which was denounced as a great public
grievance. There had been heavy complaints of abuses both
with respect to the Great and Privy Seal, and " it was
agreed by the King and parliament, that for the preservation
of the laws of the kingdom the ChanceUor and the Keeper of
the Privy Seal should not allow any warrant, grant by
patent, judgment, or any other thing to pass under the seals
in their custody, which by law and right ought not to pass,
and that they should not unduly delay such as ought to
pass.! The Commons then presented articles to the King, " That
worthy councillors and officers be appointed, and not to be
removed without good proof of their ill-management. That
two certain days in the week be appointed for all suitors to
present their petitions to the King. That none of the conn-'
oil hold pleas of matters determinable at common law, and
that all the King's great officers of every Court shall maintain
the common law." There is added an article which seems to
us a strange mode of preserving the independence and purity
of the judges : " That no judicial officer In any of the Courts

1 Pari, Hist, 298,

t Rot. Pari, vol, iii, p. 586.

THOMAS ARUNDEL, CHANCELLOR. 317
enjoy any office but at will." This was probably aimed at CHAP.
the sale of these offices, whereby it was thought, by reason of
a supposed vested right in the purchaser, they were placed
beyond the control of parUament. The King, who on ac
count of the Infirmity of his title, was obliged to court popu
larity, not only agreed to all these articles himself, but after
a stout resistance from the Upper House, prevailed on the
Archbishop of Canterbury, and all the Lords spiritual and
temporal, to swear to observe them, " whereby they became
statutes binding In law and conscience." *
Archbishop Arundel's compliance was quickened by the Arehbishop
prospect of recovering the Great Seal, and in the beginning ^estOTed to
of 1407 he became Chancellor the fourth time.! o^Sce of
The first proceeding before him 'was the trial of WU- ja,,. 30.
liam Thorpe, a priest, for heresy, of which we have a very '^°"-
interesting report by the defendant himself. He says :
" Being brought before Thomas Arundel, Archebyshope of
Canterbury and Chancellor of Ingland, when that I came to
hym he stoode In a great chamber and moche people aboute
hym ; and when that he sawe me he went faste Into a closett,
bydding all secular men that followed hym to go forth from
hym." There is then a long account of the heresies Imputed
to the defendant, with his answers, fiUing many pages, in which
- he gives himself greatly the advantage over his judge. At last,
allusion being made to the Archbishop's banishment, his Grace
said, " I shall assaye If I can make thee as sorrowfuU, as It was
tolde me thou waste gladde, of my laste going out of Ingland ;
by Seynt Thomas I shall tourne thy joye into sorrowe." The
narrative continues — " And I sayde, ' There can no body prone
lawfully that I ioyed ever of the manner of your goynge out
of this land. But, Sir, to say the sothe, I was joyfuU when ye
were gone.' — The Archeblshoppe said to me, ' Be this thinge
well known to the, that God (as I wot well) hath caUed me
agayne, and brought me Into this lande for to destroye the,
and the false secte that thou arte of, as, by God, I shall per-
sue you so narroulye that I shall not leave a steppe of you
in thys lande.' — And I saide to the Archeblshoppe, « Sir, the
* 1 Pari, Hist. 290. t ^°^- d- S Hen. 4. m. 23,

31&

REIGN OF HENRY IV.

CHAP.XVIIL

jVlarch 10.
1409.

Chancellor
dismis&ed.

Great Seal
in custody
of Master
of Rolls.
Ex-chan
cellor Beaufort
addresses the two
Houses.

holy prophete Jeremy saide to the false prophete Anany,
' Whan the worde that is the prophecye of a prophete is knowen
or fulfilled, than it shall be knowen that the Lorde sente the
prophete in treuth !' — And the Archeblshoppe, as if he hadde
not been pleased with my saylnge, turned him awaye ward
hyther and thyther, and sayde, ' By God, I shall sette upon
thy shynnes a pair of perils, that thou shalt be gladde to
chaunge thy voice.' " * This keen encounter ended In Thorpe
being " led forth and brought into a foul unhonest prison," —
where he Is supposed to have died; for he was. no more
heard of!
The Chancellor now remained in high favour with the
King for three years. On one occasion during this period,
His Majesty bestowed his bounty upon him in a manner that
at first caused him much alarm. The Great Seal was abruptly
demanded from him ; the King kept it only a few hours,
while he caused a charter to be sealed granting the lordship
of Queenbury to the Chancellor for life, and Immediately
after the Seal was restored to hlm.|
However, it was taken from him In good earnest on the
21st of December, 1409 §, when he must have had some
serious difference with the King about the business to be
brought forward at the parliament then about to assemble.
Henry kept it In his own hands till the 19th of January fol
lowing, during which time several charters, letters patent,
and writs were sealed by himself. It was then delivered to
John Wakering, Master of the Rolls, as Keeper, for the
despatch of judicial business. ||
In the mean time the parliament met, and, there being no
Chancellor, the session was opened by a speech from Ex-
chanceUor Henry Beaufort, the King's brother, from the text
" Decet nos Implere omnem justitiam," In which he reminded
the parliament of Aristotle's answer to Alexander when asked

* It appears also by the report of Lord Cobham's trial, that his Grace was
much given to swearing, even when acting judicially in a capital case. His
favourite oath on that occasion was, " By our Lady." — 2 St. Tr. 219.
t 2 St. Tr. 175. % Rot. Cl. 10 Hen. 4. m. 18.
§ Rot. Cl. 11 Hen. 4. m. 8. || Rot. Cl, 11 Hen, 4. m, 8.

SIR THOMAS BEAUFORT, CHANCELLOR. 319
the best mode of defending a city— "that the strongest walls chap.
were the hearty goodwill of his subjects ; " but gave them a
strong hint that a supply was expected, by reminding them
that benevolence was due from subjects to a Sovereign as well
as reverence. *
The Commons now eagerly pressed their expedient of church in
seizing the property of the church, which they estimated at """ser.
485,000 marks a year, and which they proposed to divide
among 15 earls, 1500 knights, 6000 esquires, and 100 hos
pitals, besides 20,00UZ. a year which the King might take for
his own use ; and they insisted that the clerical functions
would be better performed than at present by 15,000 parish
priests paid at the rate of 7 marks a piece of yearly stipend.
The King was violently suspected of secretly favouring
this project; but finding that it could notbe carried, he threw
aU the blame upon the poor Lollards, and, to satisfy the
church, ordered a Lollard to be burnt while the parliament
was still sitting. !
We have now a lay Chancellor, but not a lawyer, — another Sir Thomas
half-brother of the King, Sir Thomas Beaufort, who ffterwa?"s'
could not have been very fit for the office, but who reached Duke of
the highest dignity in the peerage of any man who ever held chancellor.
the Great Seal. He was bred a soldier, and In the reign of
Richard II. had gained considerable credit by opposing his
bad councils. He was created successively Earl of Somerset,
Marquis of Dorset, and Duke of Exeter.
He continued Chancellor two years, during which time he His history
must often have sat in the marble chair on the marble table ; ^."'^ '^°"'
but he seems to have been much engaged In political business. Chancellor.
and he occasionally had the assistance of Sir John Wakering,
the Master of the Rolls.
After his removal from the office of Chancellor, he remained His subse-
inactive for the remainder of this reign ; but he afterwards J!",™ j. g^^
made a most distinguished figure In the wars of Henry V., death.
and upon the untimely death of that Sovereign he was con-
* 1 Pari. Hist. 312.
f 1 Pari. Hist. 308 This was the beginning of burning heretics in England,
a practice which became more common till after the violent struggle excited by
the Reformation had subsided.

320

REIGN OP HENRY IV.

CHAP. XVIIL

ArchbishopArundel, Chancellor
the fifth
time.

Illness of
Henry IV.

Character
of Chan
cellors of
Henry IV.

stituted guardian of the person of his Infant successor, then
crowned King of France as well as of England. Although
he comes in the list of Chancellors, he had little to do with
the duties of the office or the profession of the law, and I
should not be justified in narrating his campaigns or entering
more circumstantially Into his history. He died at Greenwich
in 1425, without Issue, leaving his immense wealth to his
royal ward.
We have no certain explanation of the reason why he ceased
to be Chancellor any more than why he was first appointed.
Henry, though now only forty-five years of age, had fallen
Into a mortal distemper, and felt serious compunction for the
manner in which he had acquired the Crown, as weU as for
some of his acts In the exercise of his royal authority. Per
haps, as his strength declined, he wished to have a spiritual
" keeper of his conscience " who had been his chief councillor
and accomplice, and who might be expected to be a lenient
and absolving confessor.
On the 5th of January, 1412, the Great Seal was trans
ferred to the aged Archbishop Arundel*, who became Chan
cellor for the fifth time. While Henry languished under his
malady, nothing memorable occurred. He had long expected
death, and in one of his fits was supposed to be dead. At
last, on the 20th of March, 1413, he expired, in the Jerusa
lem Chamber, at Westminster, having been taught to believe
that he had made a full atonement for aUthis transgressions,
by vowing that, If he recovered, he would l«ad an army to the
East and reconquer the Holy Land, and that his death under
these circumstances was tantamount to a fulfilment of his vow.
He had appointed all his Chancellors merely from political
convenience, without any regard to their fitness for the judi
cial duties of the office, and our jurisprudence is under no
obligation to them. They showed great vigour, however, in
enforcing the due administration of justice. While Cardinal
Beaufort was Chancellor, the Archbishop of York had been
guilty of an overt act of high treason, by joining In open
rebellion and levying war against the King. Being taken

* Rot. Cl, 13 Hen, 4, m. 1,

THOMAS ARUNDEL, CHANCELLOR, 321
prisoner, he claimed to be set at liberty on account of his chap.
sacerdotal character, but the government ordered him to be ^^^^l-
brought to trial. Sir William Gascoigne, Chief Justice of conviction
the King's Bench, who had courage to commit the Prince of a"d execu-
Wales to prison for a contempt, was afraid to try an arch- a'°chbishop,
bishop. Thereupon, a commission passed the Great Seal for
his trial before another judge. Sir WiUiam Falthorpe, and he
was convicted and executed, to the great horror of all church
men and many of the laity, although clerical exemptions and
privUeges were now regarded with much less respect than
, at any prior sera.*
The Chaucellors at this time successfully resisted an attempt
by the Commons to participate in the appellate jurisdiction of
parliament, and obliged them to be contented with a resolu
tion that their consent was necessary to all legislative acts. !
* As civilisation advanced, it was desirable that the power and exclusive
privileges of the clergy should be curtailed ; but their ascendency during the
darker ages had been highly beneficial to the community. Not only were they
the sole depositaries of learning, but they were often the protectors of the
people against the tyranny of the King and the nobles. The enlightened re
formers at Runnymede therefore made it the first article of Magna Charta,
" quod Ecclesia Anglicana libera sit, et habeat omnia jura sua Integra, et liber-
tates suas illesas."
t See Hale's Jurisd. House of Lords. There is a curious entry in the Parlia
ment Roll, showing the hours when the two Houses now met for the despatch
of business. At the parUament which assembled in 1406, after the choice of
the speaker had been confirmed, " Et sur ceo le ChanceUer d'Engleterre dona
en charge de par le Roi as ditz Communes, q. pur I'esploit du dit parlement Us
soient assemblez en lour maison accoustemez deinz I'Abbeie de Wgstm' Ehescun
jour durant le parlement a sept del clocke ; et semblable charge il dona as
seignrs. du parlement, qu'ils de lour partie pur mesme I'esploit se assemblent
en lour lieu accustume a noef del clocke." — Roll. Par. iii. 568.

VOL. I.

322

REIGN OP HENRY V,

CHAPTER XIX.

CHANCELLOES DUEING THE EEIGN OF HENEY V.

CHAP. XIX.
March 21.
1413.
Accession
of Hen. V.
Great Seal
taken from
Arch
bishop Arundel,
and re
stored to
Cardinal
Beaufort.

Subsequent
career of
Ex-chan
cellor Arundel.

We now come to a reign for military exploits, one of the
most brilliant In our annals, but by no means distinguished
for juridical improvement, although dm-Ing the course of It
the office of Chancellor was filled by very eminent men.
Henry V. being proclaimed King, to the great joy of the
people, the first act of his reign was to take the Great Seal
from Archbishop Arundel, and deliver it to his uncle Henry
Beaufort, Bishop of Winchester, the Cardinal, who now
entered on his second Chancellorship. The young King was
not actuated by any desire to change his father's ministers.
Contrary to the expectations of his dissolute companions, and
of the nation generally, his plan was to continue In their offices
all who had faithfully served the Crown.* Perhaps he was
Induced to make an exception In the case of the Archbishop,
on account of the active part which this Prelate had taken in
the dethronement of Richard II. Henry expressed the
deepest sorrow for the fate of that unhappy Prince, did justice
to his good qualities, performed "his funeral obsequies with
pomp and solemnity, and cherished all those who had dis
tinguished themselves by their loyalty and attachment to
him. The Archbishop, while In exUe, and on his return to
England, had devised and prosecuted the plans which led
Richard to his grave, and he might now be an object of
personal dislike to the new King, who did not go so far as to
resign his Crown to the true heir, but affected much to favour
the doctrine of legitimacy.
We must now take final leave of Ex-chanceUor Arundel.
Relieved from official duties, he occupied himself In carrying
on a violent prosecution against the Lollards, whom the King
* We might have expected to see the Great Seal now delivered to Sir John
Falstaff, that he might play the part of " Chancellor," as he had done that of
" King;" but instead of this, the stern order was given : —
" Go, carry Sir John Falstaff to the Fleet :
Take all his company along with him."

CARDINAL BEAUFORT, CHANCELLOR. 323
was rather disposed to screen, and he presided on the trial CHAP.
and condemnation of Sir John Oldcastle, Lord Cobham, their

sen-

leader, who had incurred the peculiar hatred of the clergy, jjg
by actively supporting the proposal to encroach on the tencesLord
revenues of the church. This intriguing Prelate and Chan- be burnt.
cellor, does not fill so great a space in the eye of history as
might have been expected, from the important part he acted
in the revolutions of his age ; but such was his reputation for
abiUty with his contemporaries, that when impeached for
high treason in 1397, the Commons having finished their
case, — as he began to answer for himself. Sir John Busby,
the Speaker, entreated the King that this might not be
aUowed him, "lest he might, by his subtlety and great wit,
bring persons over to believe him innocent," — so that he was
forced to remain silent." * Of his judicial character no author
makes mention. He died In January, 1314.
Cardinal Beaufort, two days after his appointment, sealed ^sd March,
writs for a new parliament to meet at Easter ; and when the Renewed
time came, opened the session with a speech from the text, ^"^™P* °^
" Ante omne actum consilium stablUre. " ! The Commons mons to
made an attempt to reform the Ecclesiastical Courts and *®'^® *'?'' »
^ ^ property ot
other abuses, but exhausted themselves In attacks on the the church.
Lollards. These were renewed in a parliament which met
the following year, when laws were passed, at the suggestion a.d. i4i4.
of the ChanceUor and other Prelates, against reading Wick-
liffe's translation of the Bible, and against other such enor
mities.! Silt the church was alarmed by the Commons again
urgently pressing that the revenues of the clergy should be
appUed to the purposes of the State, and passing a bill which,
says HaU, "made the fat abbots to sweat, the proud priors to
frown, the poor monks to curse, the siUy nuns to weep, and
Indeed all to fear that Babel would fall down."
It Is said by some historians, that it was to divert this King
storm from the church, that Chicheley, the new Archbishop of crown of
Canterbury, strongly advised the King to claim the crown France.
of France, and to lead an army across the seas in support of
* 1 St. Tr. 226. t 1 Pari. Hist, 319.
I 1 Pari, Hist. 324. y 2

324

REIGN OF HENRY V.

^3ax^' ^^^ pretended right. Certainly there is extant a long and
 very extraordinary speech of his, addressed to the King in the
House of Lords, making out the title of Edward IIL, not
withstanding the Salic law, and insisting that whatever title'
that Sovereign had was now vested in his present Majesty.
He thus concluded, " Consider the just title you have to this
Crown, devolved on you by Queen IsabeUa your great-grand-
uiother, sister and heir to three successive kings of France,
who died withottt children, and take up noble arms to assist
so just a cause. Advance your standard Into France, and
with assured hopes of victory march to conquer those do
minions which are your own by Inheritance. There Is no
true Englishman but is ready to devote his life and fortune
to so glorious a service of his King. And In full persuasion
of the justness of the war, we the clergy have given such a
sum of money to maintain it as was never granted to any of
your predecessors, and will join aU our prayers for the success
of your arms." His Grace found It convenient to forget not
only the objections to the claim of Edward IIL, but the
awkgvard fact, that, supposing this monarch to have been en
titled to the crown of France, — if the succession to it was
not regulated by the Salic law, the true heir was the Earl of
March, descended from his second son the Duke of Clarence,
and not Henry V. descended from his third son, the Duke of
Lancaster ; — and if the parliament of England could change
the descent of the English crown, transferring it to a younger
branch of the royal family, it could have no such power
over the crown of another country, which could not be con
sidered, like the Isle of Man, as appurtenant to the crown of
England.* But he was warmly supported by the Ex-chan-
ceUor Thomas Beaufort, then Earl of Dorset, afterwards Duke
of Exeter, and his arguments prevaUed with the King and the
royal brothers, who, being young and thirsting for glory, were
impatient to signalise their courage against the old enemies
of their native land. The same gaUant spirit diffusing itself
* After the revolution of 1688, William III. and our constitutional kings
of the House of Hanover called themselves kings of France, and bore the lilies
in their shield till the year 1806; but to make out their title would have re
quired the eloquence of the Archbishop.

CARDINAL BEAUFORT, CHANCELLOR. 325
through the minds of the other nobles, they all declared for CHAP.
a war with France. The Ecclesiastical Revenues Bill was ^^^'
aUowed to drop, and as soon as a supply was voted, the par
liament was prorogued. The successive ecclesiastical Chan
cellors who presided in the House of Lords from this time
till the quarrel with Rome in the reign of Henry VIIL, con
trived to prevent the subject being again brought forward Jn
parUament. But the clamours against the abuses of the Court of Chan
cery could not be silenced. Cardinal Beaufort was now ex
tending Its jurisdiction In a manner that greatly alarmed the
common lawyers, and caused the most Uvely remonstrances
from the House of Commons. As soon as the King returned a.d. 1415.
to England, after his glorious campaign, commenced by the ior^"s™ch
capture of Harfleur, and crowned by the battle of Agin- attheoran-
court, — a parUament was called, and the Chancellor, In his ]ia,,,,,,j .'
speech with which the session was opened, tried to divert
attention from aU domestic grievances, by a glowing descrip
tion of the martial glory the nation had won. He strongly
urged them to be content with nothing less than the conquest
of France, endeavouring to demonstrate " that a thing well
begun, and continued with diligence, must have a prosperous
event, according to the saying, Dimidium facti qui bene coepit
habet."* There were, of course, warm congratulations on account of Petition
the splendid success of the royal arms ; but the first real court of
business was a petition from the Commons to the King (the Chancery.
usual mode of legislating In that age) against the recent en
croachment of Courts of Equity, — praying that no causes
should be drawn thither which might be determined in the
Courts of common law. The petition is curious, as contain
ing a full exposition of the opinion of the great body of the
nation upon the subject of equitable jurisdiction.!

¦* 1 Pari. Hist. 331.
f Also the Commons pray, that inasmuch as many persons of your king
dom feel themselves greatly aggrieved in this, that your writs, called writs of
subpoena and certiorari, are made and sued out of your Chancery and Exche
quer for matters determinable by your common law, which never were granted
or used before the time of the late King Richard ; when John Waltham, here-
Y 3

326

REIGN OP HENRY V.

CHAP. XIX.
Petition
negatived.

The royal veto was put upon the measure, the response
being, " Le Roy s'avisera."* The chief grievance now com-
tofore Bishop of SaUsbury, of his craft, invented, made, and commenced such
innovations against the form of the common law of your realm, as well as to the
great loss and hinderance of the profits which ought to arise to you, Sovereign
Lord, in your courts, as in the fees and profits of your seals, fines, issues, and
amerciaments, — and divers other profits, coming to your other Courts, in causes
in which the matters might be sued and determined by the common law, be
cause no profit arises to you from such writs, except only 6d. for the seal : And
whereas, by reason that your Justices of either Bench, when they ought to
attend in their places, to enter pleas and to take inquests for the deliverance of
your people, are occupied upon examination's upon such writs, to the great
vexation, loss, and costs of your liege subjects, who are long time delayed in the
sealing of their writs, sued in your Chancery, by reason of the great occupation
upon the said examinations, which things are not profitable to you, most Sovereign
Lord, nor to your liege subjects, on which examinations there is great clamour
and noise by divers persons not aware of the law, without any record thereupon
entered in your said places : And in which pleas they cannot make fine but by
examination and oath of the parties, according to the form of the civil law, and
the law of Holy Church, in subversion of your common law: And in causes
which the said parties cannot be convicted by their examination there, they are
sent to find sureties for your peace, which they are not able to fin3 in their
counties without coming to your said courts ; or otherwise they are encouraged
to treat and agree with their adversaries who sue such writs, or otherwise to
abide elsewhere, in ward or on bail, until they shall so do : That it please our
most Sovereign Lord to ordain, in this present parliament, that every person
who shall sue such writs shall put all the cause and matter of his suit in the
said writs, and that all such writs, in the Courts out of which they shall issue,
shall be ^enrolled in the said Courts, and made patent, and shall remain for the
defend^ts therein, without being returned in the said Courts. And in cases
in which any one shall feel himself aggrieved or vexed by such manner of writs,
for any matter determinable by the common law, then the person so aggrieved
or vexed shall have an action of debt for 401 against him, wherefore he sued the
said writs, upon which writ the cause of the action by how much he was vexed
by such writ, of the matter which was determinable by the common law. And
in cases which appear to the Court in such writ for which the debt is sued and
the matter contained in such writ was determinable by the common law, which
they maintained in pursuance of such writ, shall be condemned towards such
person, being so vexed, in the said sum of 401. And moreover to ordain by
authority of the said parliament, that in writs called informations, which are
issued out of your Exchequer, the names of those on whose suggestion or inform
ation such writs issued shall be sent in the said writs. And that all such writs
so issuing at your suit, or at the suit of the party, shall be enrolled and made
patent, and shall remain for the defendant therein, without being returned into
your Exchequer, and in like manner to declare concerning writs called subpoena
and certiorari. And in cases which after those who are made to come into your
Exchequer, by force of such writs, may be sufficiently excused, acquitted, or
discharged, of the suggestions and matters on them so surmised, upon such
writs, then they shall have an action of debt for 40/. against the said suggestors
and informers, declaring against them upon the said writs the cause of their •
action, by so much as 'the said suggestions or informations are of record not
proved true. And if it may appear by the record to the Court, on such writs,
they shall be sued for the debt which the plaintiffs in the said writs were ac
quitted, excused, or discharged, of the matters and suggestions having been by
them surmised, that then the said informers and suggestors shall be condemned

» Rot. Pari. 3 Hen. 5.

CARDINAL BEAUFORT, CHANCELLOR. 327
plained of was afterwards remedied in practice, by the plaintiff CHAP,
being obUged to put upon the file of the Court a bill specify-  '
ing his cause of suit before the subpcena issued.
In the following year, the Commons renewed the complaint ^ "• ^^^®-
against arbitrary proceedings contrary to the course of the com- ceedings of
mon law, although the Chancellor had tried to tranquillise them ^°"n™°"*
by an opening speech from the text, " Operam detis ut quieti Court of
sitis."* There had, as we have seen, been an early practice
of presenting petitions to parliament complaining of private
grievances. After the separation of the two Houses, these
were reserved for the consideration of the Lords, and were
first submitted to the triers of petitions, who were appointed
at the commencement of every session. Such of them as dis
closed matters only fit for the ordinary tribunals of the country,
were In regular manner referred to those tribunals, and some
were not improperly allotted to the ChanceUor, or the Privy
Council. But this course was resorted to chiefly by suitors
who knew they had no chance of success in the Courts of
common law ; — and, as an expedient for securing themselves
a hearing before those by whom the rules of the common law
were disregarded, they presented petitions to parliament, and
themselves Indorsed upon them a supposed reference to the
CouncU or the Chancellor, — ^ which was considered as giving
the Council or Chancellor jurisdiction, although the subject
matter was properly cognizable at common law.
The House of Commons now prayed the King "that If
any man shall indorse his bill or petition with these words
by authority of parliament, let this bill or petition be sent to the
Council of the King, or to the Chancellor of England, to exe
cute and determine what is contained therein, by which the said
bill or petition be not by the Commons of the parliament
inquired Into, affirmed, or assented unto, (which no one can
to the prosecutor of the said writs of debt, in the said sum of 40Z. And fur
thermore that as well the pain contained in such writs, as all the process there
upon, shall be void and holden for nothing. And if any such writs, called sub
poena and certiorari, and informations, shall be sued out of your said Courts,
against this ordinance, in time to come, that the said writs, and all the proceed
ings depending thereupon, shall be wholly void and holden for nothing.'"
* 1 Pari, Hist, 333.
' Rot. Par. 3 Hen. 5. part ii. vol. iv, p. 84.
V 4

328

REIGN OF HENRY V.

CHAP XIX.

Chancellor
lendsmoney to
the King,'
taking the
Crown in
pawn.

Act against
the Irish.

indorse on any such bill or petition, without the assent and
request of the Commons of parhament,) let him be sent to
answer for disobeying the laws of the kingdom of England."
The King's answer still was, " Le Roy s'avisera,"* which
I can only account for from the parenthetical claim of privi
lege set up by the Commons, that they were to join in hear
ing and disposing of petitions to parliament respecting the
administration of justice, and that, without their concurrence,
the Lords could neither themselves determine the matter nor
refer It to another tribunal. The simple condemnation and
prohibition of the unauthorised practice of individuals so in
dorsing their petitions without the sanction of either House,
could not have been refused ; but a great jealousy has always
been manifested of an encroachment by the Commons on the
judicial powers of the Upper House.
The Chancellor had now a very delicate matter to ne
gotiate ; and he had to encounter a very formidable struggle
between his avarice and his love of power. The King was
reduced to the greatest necessity for money to carry on the
war with France. Tenths and fifteenths were voted to him,
but a long time was required to coUect them ; and cash to
pay the mutinous troops was indispensable. A sum was
raised upon the personal responsibility of the Dukes of
Clarence, Bedford, and Gloucester, who made themselves
liable if the King should die ; but this was quite insufficient
for the present exigency, and there was no hope except in
the Lord Chancellor. He had amassed immense riches from
the profits of his see and of his office; but he refused to
make any gift, and even to lend on the security with which
others had been satisfied. At last the King offered to pawn
to him the Crown Itself Thereupon, taking the pledge Into
his custody, the Chancellor advanced a very large loan, and
the war was vigorously prosecuted.
At the last parliament^ over which Cardinal Beaufort pre
sided during the present reign, an act was passed with his
concurrence, and probably with the great applause of the
English nation, — who for many centuries hated, and despised.

Rol. Par, 4 Hen. 5,

CARDINAL BEAUFORT, CHANCELLOR. 329
and oppressed their Irish feUow subjects, — "That none of chap.
the Irish nation should be elected an Archbishop, Bishop,  '__
Abbot, or Prior ; and that whoever promoted such to those
ecclesiastical preferments, or brought any such Irish rebels
to parUaments, councils, or other assemblies among the
English, should have all their temporal estates seized into
the King's hands till they had paid the fines due for such
offences." On the last day of the session, the King, sitting on his
throne In full parliament, created Thomas Beaufort, who
was Earl of Dorset and Ex-chanceUor, Duke of Exeter, with a
pension of 1000?. a year. The Lords, with a proper respect
for Ex-chancellors, so much approved of the King's liberality,
that they said no objection could be made, but only that It
was too little, and not proportionable to the merits and ser
vices of that noble person. *
Cardinal Beaufort, In this ChanceUorshIp, never parted J"°"='^i
with the custody of the Great Seal, except from the 5th of Cardinal
September to the 12th of October, 1416, during which time B«^"f°''*-
he was absent with the King In France, and the Great Seal
was Intrusted by him to the keeping of Simon Gaunstede,
Master of the Rolls, to be re-delivered to him on his return. !
We have slender means of knowing how he performed his
judicial duties ; but we may, from his general disposition, not
uncharitably believe that he was assiduous In business, and
encouraged suitors that he might multiply fees. He re
sembled the fallen angel, whose
 " looks and thoughts
Were always downward bent, admiring more
The riches of Heaven's pavement, trodden gold,
Than aught divine or holy. "
His avarice, however, was now to receive a heavy and Great Seal
unexpected blow. From the hard bargain he made when he cardinal
advanced money for the public service, or his Importunity to Beaufort.
be repaid, he disgusted the King. The Close RoU, 5 Hen. V.,
records, that, " On the 23d of July, 1417, Henry Beaufort,
Bishop of Winchester, delivered up the Great Seal of gold to
the King, on which day It was given to Thomas Longley,
* Pari, Rol. 4 & 5 Hen. 5, I Pari, Hist. 335.
t Rot, Cl. 4 Hen. 5. m. 13.

330 CHAP. XIX.

Longley, Chancellor
the second
time.

A parlia
ment.

A. D. 1421,
Treaty of
Troyes,

REIGN OP HENRY V.
Bishop of Durham, who became Chancellor the second
time *," but no writer gives us the particulars of the Intrigue
which brought about this change.
The Ex-chanceUor now visited the council of Basil, and
contrived to get himself named by Pope Martin V. Cardinal
and Apostolic Legate in England and Ireland ; but, upon the
remonstrance of Archbishop Chicheley, the King forbade him
to accept these dignities, and he was not gratified with wear
ing the red hat till after he had finally resigned the Great
Seal in the succeeding reign.
A parUament was soon after called, which was opened by
the new ChanceUor with a speech from the text, Com-
fortamini et viriliter agite et gloriosi eritis. ! The most re
markable transaction during this parliament, — throwing par
ticular discredit on the ChanceUor, — was the order by the
Lords that Sir John Oldcastle, Lord Cobham, should be
burnt under the sentence passed against him as a heretic.
He was the first English peer who ever suffered death for
religion.:!: About the same time the Ex-chanceUor Beaufort, Bishop
of Winchester, managed to get a private bill of his smuggled
through both Houses, that a security given to him for a
loan on the customs of Southampton, should be confirmed by
parliament. §
Nothing memorable connected with the office of Chan
cellor occurred tiU 142 1, when Henry's victories having led
to the treaty of Troyes, by which he was to marry the Prin
cess Catherine, and was declared regent of France and heir to
that kingdom, he called a parliament to ratify the treaty. ||
This parliament was opened by a speech from the King's own
mouth, the first instance I have found of the Sovereign
himself declaring the causes of summoning his great council.
Henry represented to them the state of affairs, — " what con
quests he had made in France, and what supplies were ne
cessary to continue the war; — assuring them that the Dau
phin and his party, who maintained some cities and pro-

¦* Rot. Cl. 5 Hen. 5. m. 15.
\ 1 Pari. Hist. 337. § Ibid.

! 1 Pari. Hist. 335.
II Ibid. 339,

THOMAS LONGLEY, CHANCELLOR. 331
vinces, bejng subdued, that kingdom might be entirely united CHAP,
to the English crown." ^^^¦

The Lord Chancellor, by order of the King, read the "~~~~~~
articles of the treaty of Troyes, which had been sworn to by
the two Kings of England and France, and ratified also by the
three estates of France ; whereupon both Houses of Parliament
avowed that they approved and accepted it as most conducive
to the good of both nations, and of all Christendom ; and
every one promised for himself, his heirs, and succeesors,
that they would inviolably observe it.* It is marvellous
that such men as Longley and the spiritual Peeirs, whose
blood was not heated by being personaUy engaged in the
conflict, should have sanctioned a treaty which nothing
but the power of the sword could carry into execution, and
which, If it had taken effect, must have proved equally per
nicious to England and to France.
At this parliament the Commons made another unsuccessful
attempt to put an entire stop to the writ of subpcena
in Chancery, as weU as to Privy Seals bringing matters of
private right before the council ; but they had a limited and
temporary triumph by carrying an act to endure until the
next parliament, "that the exception how that the partie
hath sufficient remedy at the common law, shall discharge
any matter In Chancery." ! The act was never renewed, so
that the concurrent jurisdiction of the Courts of equity
and Courts of common law in partition, dower, account, and
many such matters, has continued.
Henry, leaving the government in the hands of his brother Death of
the Duke of Bedford, and of the ChanceUor, returned to Augl^'si.
France, — espoused Catherine, — got possession of Paris, — 1422,
had his infant son proclaimed heir of both kingdoms, and
died at VIncennes in the thirty-fourth year of his age.
His last parliament had been held in his absence, the
ChanceUor opening the session with a formal speech. After
voting a supply, the chief business was regulating the coinage,
which had fallen into great disorder from the short-sighted
fraud of adulteration, first begun, In the reign of Edward III. ;
» 1 Pari. Hist. 339. t Rol. Pari. 9 Hen. 5.

332

STATE OF THE LAW.

CHAP. XIX.
Dec. 1.
1421.
Adminis
tration of
justice dut 'np; his

and it was enacted " that the Chancellor of England should
deliver to those who would have them good and just weights
of the noble, half noble, and farthing of gold, to prevent the
people being abused by such as were counterfeit." *
During this reign the equity jurisdiction of the Chancellor
was so actively enforced, that some have ascribed its origin
to the ChanceUorshIp of Cardinal Beaufort. He first exercised
a control over the marriage of infants, and along with uses
and trusts he took cognisance of many miscellaneous matters,
which would now be referred to courts of common law either
civil or criminal.!
It may be remarked, that at this period of our history
there was an unusual ferment in men's minds, and the Com
mons showed a strong spirit of Innovation both In church and
state, so that there seemed agreat probability that important
changes would be introduced with respect to the maintenance
of the clergy and the administration of justice ; but the
absorbing foreign war In which the country was engaged
preserved aU our Institutions untouched by legislation during
the whole reign of Henry V.

* 1 Pari. Hist. 340.

t See 2 Cooper on Records, 361,

REIGN OF HENRY VI. 333

CHAPTER XX.

CHANCELLORS FEOM THE COMMENCEMENT OP THE EEIGN OV
HENEY VI. TILL THE DEATH OP CAEDINAL BEAUEOET.

Henry VI. was, at his father's death, an Infant of nine chap.
months old. The Duke of Gloucester, his uncle, having been

named Regent of England by the late King, was at first sept. i.
allowed to assume the government under that title. At the 1*22.
end of a month a council was held at Windsor, at which the chancellor
baby monarch in his nurse's arms was present, and was sup- Longley
posed to preside. Longley, Lord Chancellor to the late Great Seal
King, put the Great Seal into the royal lap, and placed upon ^.'"''^"t
it the hands of the child, who was too young even to be
amused with It as a toy. The Regent then. In the King's
name, delivered It to Simon Gaunstede, the Master of the
Rolls, for the despatch of necessary business.*
But the Regent soon found that he could not exercise his
authority without the sanction of the legislature, and a com
mission passed the Great Seal for a new parliament to be
held before him.
The session was opened, by his command, with a speech Nov. 1422.
from Chicheley, Archbishop of Canterbury. Business being ment!
begun, it is stated in the Parliamentary History, that the
two bishops of Durham and London, the former having been
Chancellor of England in the late reign, and the other
Chancellor of the Duchy of Normandy, who had both
delivered up the several seals of their offices, prayed to be
discharged by act of parliament, and that the same might be
enrolled, — which was granted. It was then also enacted,
that the King's style and titles should be changed, and that
* " Praefatus Dominus Rex nunc sigillum illud per manus prasfati Ducis
praedicto Simoni liberavit custodiendum," &o. Rot. Cl. 1 Hen. 6. m. 15.

334 REIGN OP HENRY VI.
CHAP, upon aU his seals should be engraven, " Henricus Rex Franclae
^^- et AngUffi, et Dominus HIbernlse." At the request of the
Longley Commons, the Duke of Gloucester declared that the King
reappointed j^ad appointed the Bishop of Durham to be his Chancellor,
^hlch appointment was confirmed by parliament.*
In reality, the whole administration was arranged by the
Lords and Commons, who had been gradually extending their
influence during the reigns of the Lancastrian Princes. Dis
regarding the will of the late King, they declined altogether
the name of " Regent " for England. They appointed the
Duke of Bedford " Protector" of that kingdom, a title which
Duke of they thought implied less authority ; they invested the Duke
ProtecTor?' of Gloucester with the same dignity during the absence of
his elder brother — with a council of nine, by whose advice
he must act ; and the guardianship of the person of the Infant
King was given to the two Ex-chancellors, the Bishop of
Winchester and the Duke of Exeter, with whom It was
' thought he must be safe, as, from the stain on their birth,
they themselves could never aspire to the crown.!
Proceed- In this parliament, a vigorous effort was made to limit the
u^ent^"' jurisdiction of the Court of Chancery. The Commons pre-
against the gented a petition to the King, which, if agreed to, would very
Chancery, effectually havc preserved the supremacy of the common law,
but would have deprived the country of many benefits derived
from equitable Interference. They proposed, that to prevent
persons being called upon to answer in Chancery for any
matter for which there is remedy provided by the common
law, no one should be aUowed to sue any process before the
Chancellor till the complainant had sent a biU, containing
aU the matter of his plaint or grievance, to be approved of
by two judges of the King's Bench, or Common Pleas, and
they should have certified that for such matter he could not
have any action or remedy by the common law. But the
* 1 Pari. Hist. 345. Rol. Pari. Hen. 6."vol. xv. 170.
! In Nov. 1422, a new Great Seal was made, because the King's style In the
inscription on the former seals was not suited to the reigning monarch. The
order in council recited, that " great peril might ensue to the King if the said
seals were not immediately altered," and required the keepers of all the King's
seals to cause them to be altered forthwith, — Rot. Pari, ) Hen. 6.

CARDINAL BE-4.UPORT, CHANCELLOR. 335
answer returned in the King's name, by the advice of the chap.
council of Regency, was, " Let the statute on this subject, ^^'
made in the 17th year of the reign of King Richard IL, be "
observed and put In due execution," * which was, in fact, a
veto, and left the Chancellor without control to determine the
limits of his own jurisdiction.
Lord ChanceUor Longley opened another parUament in Lord
October, 1423, with a speech from the text, " Deum timete, lor^p^ge^b
Regem honorificate," showing that peculiar honour ought to on opening
be rendered to the present King, notwithstanding his tender ^^^ '^'"^" '
years, since now this realm had attained their wish, which
was that the King of England might also be King of France,
and that the love due to the father was due to the son, for
omnis qui diligit eum qui genuit diligit eum qui genitus est. !
The petition or bill against the Court of Chancery, which
had for some time been nearly annual, was now dropped ; and
nothing more memorable was transacted at this parUament
than passing an act, " to secure those persons who had only
the late King's jewels In pawn, and that the Bishop of Win
chester, who had lent the King 20,000 marks on the crown,
should have letters patent to receive the said sum out of the
customs." !
The great struggle for power between Humphry, Duke of a. d. 1424.
Gloucester, the protector, and the Bishop of Winchester, his ^^^^'^l^
uncle, which produced such calamities, and which ended so Duke of
fatally to both, was now begun, and the Bishop, from his and'car-^'^
superior shrewdness and vigour, was gaining the ascendant, dinal Beau-
although his rival, as Protector, claimed to exercise all the
prerogatives of the crown.
Beaufort by Intriguing with the council, contrived to re- Longley
sume the office of Chancellor, which added both to his wealth e^e"t Sea°^
and his authority. On the 6th of July, 1424, the Great cardinal
Seal' was delivered to hini for the fourth time. § Beaufort Chancellor
the fourth ^
time,
* Rol, Par, 1 Hen, 6. f 1 Pari. Hist. 347, ^ Ibid. 348.
§ The Close Roll states with much gravity that the Bishop of Durham
surrendered the Great Seal into the hands of the King (not then two years old),
and that the King delivered it to the Bishop of Winchester " cujus sacramentum
de officio Cancellarii bene et fideliter faciendo prsefatus Dominus Rex recepit."
We are told that the Bishop then took it with him to his hospitium of St. Mary
Overey, in Southwark, and on the following Monday sat for the despatch of

336

REIGN OP HENRY VI.

CHAP. XX.
Death and
characterof Ex-
chancellor Longley.

April,1425.

Henry VL,
in mother's
arms, opens
parliament.

Lord Chancellor
Beaufort's
speech.

Longley, who was then forced to resign it, retired to the
duties of his diocese, which he fulfilled very reputably tUl
1437, when he died. He was buried in that beautiful struc
ture at the west end of Durham Cathedral, called the GaUlee,
on the restoration of which he had expended a large sum
of money. As an ecclesiastic, he is said to have possessed a
love of learning, which he testified by princely donations
of books to both the universities, and by legacies to es
tablish public Ubrarles in Durham, Leicester, and Man
chester ; but he never gave much proof of ability for cl"?il
affairs, and his promotion, like that of many others, was
probably owing to his mediocrity and his pliancy.
The Bishop of Winchester, as Chancellor, opened a new
parliament in the spring of the following year, under very
extraordinary circumstances. With a view probably of
throwing Into the shade the lustre of the office of Protector,
— on this occasion he produced the King himself, a child of
three years old, as ruler of the realm. On the day of meet
ing, the royal infant was carried on a great horse from the
Tower of London through the city to Westminster. Having
taken some pap at the palace, he was from thence conducted to
the House of Lords, and sat on his mother's knee on the throne.
" It was a strange sight," says Speed, " and the first time It
ever was seen In England, an infant sitting In his mother's
lap, and before it could tell what English meant, to exercise
the place of sovereign direction In open parliament."
The ChanceUor took for his text, " Gloria, honor, et pax,
omnI operanti bonum." He slyly threw out various sarcasms
on his opponents In the council, under pretence of inculcating
the duty of the people to obey those who are set over them,
although not good in themselves. " But a real good coun
cillor" (meaning himself) "he compared to an elephant for
three properties ; the one in that he wanted a gall, the second
that he was infiexible and could not bow, and the third that
he was of a most sound and perfect memory." *

business "in domo capitulari Fratrum Predicatorum infra Ludgate Londoniie.'
— Rot. Cl. 2 Hen. 6. m. 2.
* 1 Pari. Hist. 351.

CARDINAL BEAUFORT, CHANCELLOR. 337
The following day the King was again placed on the chap,
throne, when the Commons presented Sir Thomas Nanton as "
their elected Speaker, who, as usual, disqualified himself.
But the Chancellor,, in the King's name, would not allow of
his objections, confirmed the choice of the Commons, and
granted to them all their ancient privileges.
At this parliament an act was passed throwing upon the Chancellor
Chancellor a duty very aliene to his judicial functions. The n" fnce's for
exportation of butter and cheese being generally prohibited, exportation
— " for the encouragement of husbandry the Chancellor of a„j ghees.
England was empowered, at his discretion, to grant licences
to such persons as should desire to vend the said articles In
foreign parts, as well as at the great staple at Calais." *
While it was acted upon, it must have considerably increased
the fees and emoluments of the office, and must have been
highly agreeable to the present Chancellor.
The rivalry between him and the Protector now became
dangerous to the public tranquillity, and each mustering his
adherents and dependents, a civil war was apprehended. The
former had added to his power and insolence by obtaining
the appointment of legate to the Pope in England, and on
many occasions he asserted his superiority to the Protector,
who, though vested with that high title, he contended had no
authoiity beyond others of the council. The Protector, on the
contrary, affected royal pomp, assumed much on his prospect
of succeeding to the crown, and insisted that during the
minority of his nephew, he was entitled to exercise all the
royal prerogatives under the control of parUament.
The citizens of London were of the party of the Protector. Oct. 1425.
To overawe them, the Chancellor strengthened the garrison London
of the Tower, which had been intrusted to a creature of his "paused by
_.,--, „,,... 1 ¦ p Chancellor
own. The Protector was refused admission into this lortress, and Pro-
and the gates of the city were shut against the Chancellor.
The next morning, the retainers of the Chancellor attempted
to force the gate at London Bridge. The citizens flew to
arms, and bloodshed was with difficulty averted by the Arch
bishop of Canterbury and the Prince of Portugal, who, it Is
* 1 Pari. Hist. SSS.
VOL. I. Z

tector.

338

REIGN OP HENRY VI.

CHAP, said, were obliged to make eight journeys In one day between
 ' Lambeth and the City of London to act as peace-makers. By
their Interposition, the rival parties were prevailed upon to
suspend their feuds till the arrival of the Duke of Bedford,
the Regent of France, who was coming over In the hope of
establishing a reconciliation between them. There is extant
a letter then written by the Chancellor to the Duke, for the
purpose of unfairly gaining his favour.
lor's letter " ^ recommend me unto you with all my heart ; and as
to Duke of you dcslre the welfare of the King our Sovereign Lord, and
of his realm^of England and France, and your own health
and ours also, so haste you hither ; for, by my troth, if you
tarry, we shall put this land in a jeopardy with a field —
such a brother you have here. God make him a good man.
For your wisdom knoweth that the profit of France standeth
in the welfare of England. Written in great haste on All-
hallow even, by your true servant to my lives end.
Hen. Winton."
Bedford hastened over from Paris, and called an assembly
of the chief nobility at St. Alban's ; but the time was spent
In hot contests between the hostile factions, and nothing was
concluded. The assembly was adjourned to Northampton,
but to as little purpose ; — till at last the resolution was formed
to refer the whole matter to a full parliament, to meet at
Leicester on the 18th of February.*
Much care was taken to prevent tumults between the
great trains of the Protector and the Chancellor, by strictly
prohibiting any person whatever to come thither with swords
or any ether warlike weapon. The order was literally obeyed ;
but the Lords and their attendants came armed with bats or
great clubs on their shoulders, from which this meeting got
the name of " The Parliament of Bats."
These weapons, as soon as they were observed, were for
bidden also ; and the Lords and Commons, being peaceably
seated In the great hall of the Castle of Leicester, the young
King, now in his fifth year, was placed upon the throne. " His

A.D. 1420.
" Parlia.
ment of
Bats."

* 1 Pari. Hist. 354.

CARDINAL BEAUFORT, CHANCELLOR. 339
Majesty, from a little previous drIUing, having graciously chap
returned the salute of the Lords and Commons, was deco- ¦^¦'^•
rously quiet, and the Lord Chancellor declared the cause of
the summons in a very short manner." * It had been pro
bably stipulated that, on this occasion, he should abstain from
aU party and personal reflections. His text was, " Sic facite
ut salvi sitis ; " and without any particular allusion to the
existing differences, he recommended the protection of the
church, the giving of good counsel, and the granting of
needful subsidies.
But as soon as a speaker had been chosen, and business Impeach-
had begun, articles were regularly exhibited by the Pro- chanc°eUor
tector against the Chancellor, which were answered with
recrimination. We may take as a specimen the manner in
which a charge of the crime of assassination was bandied
between them. Article II. " That the Chancellor laid wait
for the Protector by placing armed men at the end of London
Bridge, and In the windows of the chambers and cellars In
Southwark, to have killed him If he had passed that way."
Answer. — " True, Indeed, it Is, that he did provide a certain
number of armed men, and set them at the foot of London
Bridge and other places, without any Intention to do any
bodily harm to the Duke of Gloucester, but merely for his
own safety and defence, being Informed by several creditable
persons that the Duke had proposed bodily harm to him, and
gathered together a company of citizens for that end." !
The Commons having expressed their " much dislike" to chancelK r
the dissensions between these great men, and moved for their ^""^ ^f"-
reconcilement, the farther examination of the charges and cmciled. ,
answers was devolved by the two Houses upon a select com
mittee of peers and bishops,- — both parties having agreed, by
formal instruments, to submit to what should be awarded.
The Duke of Bedford, who presided in the court of arbitra
tion, reported in open parliament " that the Chancellor was
innocent of the charge alleged agamst him, of having pro
cured a person to murder the late King when he was Prince,
and having advised the Prince to depose Henry IV., his
* 1 Pari. Hist. 355. t Tbid. 357.

340

REIGN OF HENRY VI.

CHAP. XX.

Cardinal
Beaufort
resigns Great Seal.

A.D, 1426,

His sub
sequent
history.

father; but pronounced judgment, that In respect of the
incIvUItles that had passed between them, he should, in a
submissive manner, ask pardon of the Duke of Gloucester ;
that the Duke of Gloucester should freely forgive him ; and,
in tdken of a thorough reconciliation, each should take the
other by the hand, so that they should be firm friends for
the future." They accordingly shook hands, and parted with
all outward signs of perfect love and concord, "which
yielded a mighty satisfaction to all people, both of the clergy
and laity ; " and, by the advice of the council, a magnificent
feast was given. In the name of the King, In honour of this
supposed reconciliation.
It is not stated by historians that It was part of this
arrangement that Beaufort should give up his office of Chan
cellor, the better to preserve the equilibrium between him
and his rival ; but it may be fairly presumed that he would
not have voluntarily parted with such a source, of power and
of profit. However this may be, we find him Immediately
after petitioning parliament to be discharged of the Great
Seal, which, by common consent, was granted.* He de
livered it to the Duke of Bedford,' — who himself sealed some
letters patent with it in the presence of the King's council,
but soon went through the form of putting it into the hands
of the Infant King, — and, on the 18th of March, it was given,
in full parliament, to John Kempe, Bishop of London, as
Lord Chancellor.!
Beaufort never resumed the Great Seal, and we can only
give a slight sketch of his subsequent history. On his re
signation he went abroad, and was declared Cardinal priest
of St. Euseblus. Then he was first regularly raised to the
purple; — although we have occasionally called him Cardinal,
the title by which he Is best known. At the same time
he was appointed by the Pope Captain-General of the Cru
saders, destined to oppose the Hussites, in Bohemia. On
his return to England, he obtained leave to raise an army of

* " The Bishop of Winton, for sundry causes, prayed to be discharged from
the office of the Great Seal, and he was consequently discharged," — Rot Par,
4 Hen, 6, Rot, Cl. 4 Hen. 6. m. 8.
t Rot. Cl, 4 Hen, 6, m, 8,

CARDINAL BEAUFORT, CHANCELLOR. 341
500 lancers and 5000 archers for the expedition; but for a CHAP.

XX.

bribe of 1000 marks, he consented that the men whom he had
raised for the crusade should be led against the King's ene
mies In France.
Hc was constantly on the watch for an opportunity to
regain his political Influence, and in 1429, he succeeded in
humbling Gloucester, by having the young King crowned,
and Inducing the parliament to declare on the occasion that
the office of Protector was at an end. Gloucester was thus
reduced to his rank as a peer, and the Cardinal from this
time to his death bore chief sway.
In 1431, he aoraln went abroad, and at Rouen he assisted Sits on trial
at the trial of Joan of Arc, the Maid of Orleans, and joined Orleans,
in the sentence that she should be burnt alive for heresy and
witchcraft. He was the only Englishman who was concerned
in this atrocity, and our neighbours the French, when they
so eagerly impute it to us as a national disgrace, should
remember that the Bishop of Beauvais and all her other
judges were Frenchmen ; and that she was brought to trial
under an arret of the parliament of Paris.
The Duke of Gloucester, though no longer Protector, was Fresh
still formidable, and from time to time seemed on the point of ^"(""^Duke
recovering bis authority. He accused the Cardinal of havino- of Glouces-
Incurred the penalties of a premunire, by accepting papal ^'''
bulls, — of having amassed immense wealth by dishonest
means, ^ — -of having usurped the functions of sovereignty by
appointing embassies and releasing prisoners of his own au
thority, — and of estranging all but his own creatures from the
person of the young King. The Cardinal caused an accusa
tion to be brought against the Duke's wife, to whom he was
much attached, that she was guilty of witchcraft, by melting.
In a magical manner, before a slow fire, a waxen figure of the
King, with the Intention of making the King's force and
vigour waste away by like Insensible degrees. The Duchess
Vas condemned to do public penance, and to suffer perpetual
imprisonment. But this proceeding was ascribed solely to
the malice of the Duke's enemies, and the people increased
their esteem and affection towards a Prince who was thus
exposed without protection to such piortal Injuries. The
z 3

342

REIGN OP HENRY VI.

CHAP. XX,

Feb, 1447.
Murder of
Duke of
Gloucester.

April, 1447.
Death of
Cardinal
Beaufort,

His cha
racter.

manifestation of these sentiments made the Cardinal sensible
that it was necessary to destroy a man whose popularity
might soon become dangerous, and from whose resentment
every thing was to be apprehended. If he should ever be in a
situation to gratify It.
To effect this purpose, a parliament was called to assemble,
— not at London, which was supposed to be too well affected
to the Duke, — but at Bury St. Edmund's, where it was sup
posed he would be helpless. As soon as he appeared, he was
thrown into prison on a charge of treason. He was soon after
found dead In his bed ; and though it was pretended that his
death was natural, no one doubted that he had fallen a victim
to the vengeance of his arch enemy.
The Cardinal himself died six weeks after the murder of
his nephew, which, it is said, gave him more remorse In his
last moments than could naturally have been expected to be
felt by a man hardened, during the course of a long life of vio
lence. In falsehood and in reUgious hypocrisy. His death-bed
is described in harrowing terms by our great dramatic bard : —
" Lord Cardinal, if thou think'st on Heaven's bliss,
Hold up thy hand, make signal of thy hope I
— He dies and makes no sign."
And the agony of his despair is. If possible, made more
dreadful by the lofty conception and successful execution of
the scene in the masterpiece of Reynolds.
But volumes have been written to prove that his life was
innocent and his end pious, by arguments which may carry
conviction to the mind of those Avho believe that Richard III.
was a remarkably straight and handsome man, with a very
tender heart. The Cardinal's enormous wealth was applied,
according to his will, in founding oratories for priests to pray
for bis soul, and these may account for the attempts which
have been made to vindicate his memory. *

• Cardinal Beaufort is not only a favourite with ignorant chroniclers, but
with the enlightened Dr. Lingard, who says that we owe to the imagination
of Shakspeare the fiction of his dying agonies. But it is well known that
Shakspeare, in his historical plays, most strictly foUowed history or tradition,
and embodied the belief of his time, Dr, Lingard himself quotes a passage from
Hall, stating " that the Cardinal lamented on his death-bed that money could
not purchase life, and that death should cut him off when he hoped, now his

CARDINAL BEAUFORT, CHANCELLOR. 343
nephew Gloucester was gone, to procure the purple tiara," — which the historian CHAP.
tries to discredit, merely on the ground of improbability, because the Cardinal XX.
was so old and infirm, and had his funeral rehearsed while he was yet alive. 
Dr. Lingard even denies his avarice, because he did not receive interest on his
loans to the crown, and only looked to be benefited by the forfeiture of the
pledges which he took by way of security, and being paid back in gold coin the
sums he seems to have advanced in silver. He thus demanded " that paement be
maad in golde of the coigne of England of just weighte, elles I not to be bounde
to delyver ayene the seide weddes (pledges), though the seide paiement were
offered to be maad in silver." A usurer stipulating for ten per cent, interest
would not show a more intense love of money  Acts of Coun. iv. 234. 248.
Ling. V. 124.

z 4

344

EEIGN OP HENRY VI

CHAPTER XXI.

CHANCELLORS DUEING THE EEIGN OF HENEY VI. FEOM THE
APPOINTMENT OF CARDINAL KEMPE TILL THE DEATH OF LOED
CHANCELLOE WAYNFLETE.

CHAP. XXI.
March 16.
1426.Obscure
origin of
.Lord ChancellorKemfe.

His rise.

His con
duct as
Chancellor.

We have had a succession of Chancellors of high birth, some
of them nearly allied, to the Crown. Cardinal Beaufort's suc
cessor was one of that other class who' have won their way In
this country to high distinction from an obscure origin. He
was born In Kent, of parents In a very low condition of Ufe,
and educated as a poor scholar at Merton College, in Oxford.
Here, amidst all the evils of penury, he applied himself with
ardour to study, and made particular proficiency In the civil
and canon law. In due time he took the degree of Doctor
in both faculties, after disputations which attracted the notice
of the whole university, and were talked of all over England.
After practising for some time as an advocate In the eccle
siastical courts, ^ — on account of his high reputation as a jurist
he was made Dean of the Arches and vicar-general to the
Archbishop of Canterbury. Rising rapidly in the church, he
was consecrated Bishop of Rochester ; from whence he was
translated to Chichester, and thence to London, the see he
filled when he was appointed Lord Chancellor ; finally, he was
promoted to the Archbishopric of York, and a cardinal's hat
was bestowed upon him.
Soon after his high civil appointment, he was called upon to
take a decisive part In checking the arrogance of the Duke
of Gloucester, who having for a time got rid of Cardinal
Beaufort, avowed his purpose to rule In an arbitrary manner,
although -the Duke of Bedford had not yet returned to
France, exclaiming, " Let my brother govern as him lusteth,
whiles he is in this land ; after his going over into France, I
woU govern as me seemeth good." The Chancellor and the
other members of the council made a representation on the
subject to the Duke of Bedford, and both brothers being

CARDINAL KEMPE, CHANCELLOE.

345

present, the Chancellor delivered an address, stating " that CHAP.
the young Prince was the rightful King of England, and 
entitled to the obedience of all his subjects, of whatever rank
they might be ; that, young as he was, he yet possessed by
law all the authority which would belong to him at a more
mature age ; that as, during his Infancy, he could not exercise
such authority, It was vested In the Lords spiritual and tem
poral assembled in parliament, or in the great council, and at
other times in the Lords appointed to form " tlie continual
council," and that this council, representing the King's person,
had a right to exercise the powers of government, " with-
outen that any one person may or ought to ascribe to himself the
said rule and government." *
Kempe's first chancellorship lasted six years. During this
time several parliaments were held, which he opened with
suitable speeches, except that held in January, 1431, when, on
account of his sickness, the Duke of Gloucester sitting in the
chair of state in the Painted Chamber, commanded William
Linewood, Doctor of Laws, to explain the cause of the
summons f, which was done with Infinite divisions and sub
divisions ; but the only important business transacted at these
parUaments, was passing the famous statute which regulates
county elections, and enacts that, no freeholder shall vote who
cannot spend from his freehold at least 40s. a year |, — all
freeholders having before voted for knights of the shire, as
they still may for coroners.
A change in the office of Chancellor now took place, the E-esigna-
reasons for which have not been explained to us, and all we Cardinal

Kempe.

* Rot. Par. V. 409. 411. Acts of Coun. iii. 231. 242.
¦[¦ There is a curious entry of this in the Parliament Roll, showing a great
anxiety to preserve the Chancellor's right to address the two Houses on the
opening of parliament. After stating the meeting of Lords and Commons
under the Duke of Gloucester, Custos Anglise, it proceeds, " Pro eo quod Ve
nerabilis Pater Johannes Archiepiscopus Ebor. Cancellarius Anglie, cui ratione
officii sui secundum consuetudinem laudabilem in Reg-no Anglie antiquitlis usitatam
pertinuit causam summonitionis parliartienti predicti pronunciare et dcclarare, tali et
tanta detenebatur infirmitate quod circa declarationem et pronurclationem
predictas adtunc intendere non valebat, Reverendus vir Magister Willielmus
Lynwoode, Legum Doctor, causam summonitionis ejusdem parliamenti de man
date prefati custodis egregie declaravit." — Vol. iv. 367. So in 31 & 32 Hen. 6.,
Bishop of Lincoln stated causes of summons. " Johanne Arch. Cant. Cancellario
Anglise tunc absente." — Roll. v. 227.
\ 10 Hen. 6.

346

REIGN OF HENRY VI.

CHAP. XXI.
March 4.
1432.
John Staf-
Foan, Chancellor,

His birth
and educa
tion.

His long
continuance in
office.

Act to re-
str'iin ex
cessive ju
risdictionassumed by
Court of
Chancery.

know of it we learn from the Close Roll, which records " that
the Lord Cardinal, Archbishop Kempe, on the 25th of Fe
bruary, 1432, deUvered up to the King the gold and silver
Seals, and the Duke of Gloucester immediately took them and
kept them tUl the 4th of March, on which day, he gave them
back to the King, and they were delivered by his Majesty
to John Stafford, Bishop of Bath and Wells, who took the
oath of office, and used the silver seal for the despatch of
business." *
The new Chancellor was of illustrious descent, being the
son of the Earl of Stafford, and was equally distinguished for
his learning and Industry. Having with great reputation
taken the degree of Doctor of Civil Law at Oxford^ he prac
tised for some time as an advocate In Doctors Commons, and
rose Into considerable business, when Chicheley, Archbishop
of Canterbury, elevated him to be Dean of the Arches, and
obtained for him the deanery of St. Martin, and a prebend In
Lincoln Cathedral. He then became a favourite of Henry Y.,
who made him successively Dean of Wells, Prebendary of
Sarum, Keeper of the Privy Seal, and Treasurer of England.
He attached himself to the party of Cardinal Beaufort, by
whose interest, in 1425, he was appointed Bishop of Bath
and Wells.
He filled the office of Chancellor tUl 1450, a longer period
than any one had before continuously held the Great Seal.
From the 22d of April to the 23d of May, 1433, he was
absent on an embassy to Calais, and the silver Seal was in
the custody of John French, Master of the Rolls, for the
sealing of writs and the despatch of necessary business, but
it was restored to the Chancellor on his return without any
re-appointment, or new oath of office, the Master of the Rolls,
as upon similar occasions, being merely considered as his
deputy. In 1436, an act was passed with the concurrence of the
Chancellor, to check the wanton filing of bills In Chancery In
disturbance of common law process. The Commons, after
reciting the prevailing grievance, prayed " that every person

• Rot. Cl. 10 Hen. 6. m. 8.

JOHN STAFFORD, CHANCELLOR. 347
from this time forward vexed in Chancery for matter deter- chap.
. • XXI
minable by the common law, have action against him that so

vexed him, and recover his damages." The King answered,
" that no writ of subpcena be granted hereafter till security
be found to satisfy the party so vexed and grieved for his
damages and expences, if It so be that the matter may not be
made good which is contained In the bill." *
We find few subsequent complaints against Lord Chancellor
Stafford, and he seems to have diligently and quietly applied
himself to the duties of office, not aiming at political as
cendency himself, and bending submissively to the varying
pressure of the times. In opening parliaments, and urging
supplies, he had no victories to announce ; but he had to tell
of the raising of the siege of Orleans by the sorceress Joan of
Arc, and of successive disasters rapidly succeeding each other,
till after the defection of the Duke of Burgundy, and thc
.death of the Duke of Bedford, the EngUsh were driven
from Paris ; — Guienne and Normandy were lost, and there *•»• 1449.
was not a remnant to the English of the conquests of
Henry V. In France.
The Parliament Roll and the contemporary chroniclers Lord
give us a very slender account of this Chancellor's harangues staBbrVs"
in parliament ; but from the specimen we have of them, they style of
seem to have been very dull and quaint. His maiden ex- * ""J"^""^"^'
hibition was on the 12th of March, 1432, when the Infant
King being on the throne, he took for his text, " Deum timete,
Regem honorificate : " on which words he remarked two
points : — 1. A general Counsel to Princes, that they might
learn knowledge : — 2. A Commandment to Subjects to learn
to obey and honour the Prince. Which points he learnedly
enlarged upon, and endeavoured to prove by many quotations,
examples, and similitudes, that the King and realm of England
might easily attain to the height of peace and prosperity, if
true fear of God, and honour to the Prince, were In the
heftrts of the subjects, f
He bad a more delicate task to perform the following day. a.d. 1432.

* From the petition and answer was framed stat. 15 Hen. 6, c. 4.
t 1 Pari. Hist. 365.

348 REIGN OF HENRY VI.
CHAP. The Duke of Gloucester rose In his place and declared, for
XXI ¦
the contentment of the Commons, who, he was Informed,

had expressed some uneasiness on the subject, that although
he was Chief President of the Council, yet he would act
nothing without the consent of the majority of them. This
declaration was communicated to the Commons by the Chan
cellor when they produced John Russell as their Speaker for
the King's approbation ; and it so much pleased them, that
they Immediately granted tonnage and poundage, with a new
subsidy on wools.*
May, 1433. The Chancellor's text the following year was Suscipiant
montes pacem populo et colles justiciam. " This subject he
divided," we are told, " Into three parts, according to the three
estates of the realm ; by mountains, he understood bishops,
lords, and magistrates ; by the lesser hills, he meant knights,
esquires, and nlerchants ; by i\\Q people, he meant husbandmen,
artificers, and labourers. To which three estates, he en
deavoured to prove, by many examples and authorities, that
a triple political virtue ought to belong ; to the first — unity,
peace, and concord, without dissimulations; 'to the second —
equity, consideration, and upright justice, without partiality ;
to the third — a due obedience to the King, his laws and
magistrates, without grudging." f
During the same session, he seems gracefully to have
expressed to the Duke of Bedford the confidence which
all felt in his gallantry and honour, notwithstanding the
reverses of the English arms In France. The Duke having
said " that he had come over to clear himself from some
slanders which were cast upon him, as that he had been
the occasion of the late great losses by his default and
negligence, and offered to take his trial for the same " — the
Chancellor, by the King's command, declared, " That his
Majesty took him for his true and faithful subject and most
dear uncle, and that for his coming at that time gave him
most hearty thanks." This was followed up by a vote of
thanks from the Commons, communicated In a way rather
different from our present forms. The Commons came before
* 1 P.arl. Hist. 366, f Ibid. 368.

JOHN STAFFORD, CHANCELLOK. 349
the King and Lords, and by their Speaker complimented the chap.
Duke of Bedford on his warlike behaviour and notable deeds  '
done in France, and particularly for his conduct in the battle
of Verneuil.*
In 1435, the King sitting in his chair in the Painted
Chamber, the Chancellor delivered a most violent Invective
against the defection of the Duke of Burgundy, his text being
" SolicitI sitis servare unitatem splrltus In vinculo pads ; "
This performance is plain, forcible, and eloquent. But he pro
bably piqued himself much more oh his speech the next year
from the words Corona Regni in manu Dei : " On which
he demonstrated that three sorts of men are crowned, viz.
all Christians in their baptism, in token whereof they are
anointed ; all clerks in their orders, In token whereof th^y
are shaven ; and all kings in their coronation, who in token
thereof wear a crown of gold set about with flowers and pre
cious stones. The erecting and standing of the flowers in
the upper part of the crown denoteth the King's pre-eml-
nency over his subjects, which ought to be garnished with four
cardinal virtues, that is to say, in the fore part ought to
be wisdom, adorned with three precious stones, viz. memory
of things past, circumspection of things present, and prudence
In things to come. On the right hand ought to be fortitude
— accompanied with courage in attempting, — patience In
suffering, — and perseverance in well meaning. On the left
side ought to be justice distributing her arms three ways, to
the best, mean, and lowest. On the hinder part ought to be
temperance, with her trinity, viz. restraint of sensuality in
fear, silence In speech, and mortification in will ; all which
proceeding from God fuUy proved that the crown of the
King was in the hand of God." f
In 1439, the Chancellor, being a friend to free trade, passed Repeal of
3.ct for
an act lessening his duties and his emoluments, — ¦" that cheese chanceUor
and butter might be exported to foreign parts without the
Chancellor's licence." ation.
After an interval of some years, in which we have no King's
account of any parliamentary proceeding, in February, 1445,
• 1 Pari. Hist. 369. f Ibid. 374.

to license
export-

marriage.

350

REIGN OF HENRY" VI.

CHAP, XXL

Disgraceful
treaty with
France.

Founda
tion of
Eton Col
lege.

Nationalindignation
on dis
coveringsecret arti
cle in
treaty with
Prance.

the parUament met which was to sanction the King's marriage
with Margaret of Anjou, daughter of the titular King of
Sicily and Jerusalem, and the ChanceUor put forth all his
strength in painting the felicity of this happy union, selecting
for his text, " Justitia et Pax osculatse sunt." *
But a great difficulty arose respecting the peace with
France, which had been negotiated at the same time with
the marriage, and the conditions of which were so humbUng
to England. An act had been passed In the late King's time
forbidding any treaty with the Dauphin of France, now
Charles VIL, without the assent of the three estates of both
realms, and the Chancellor was afraid that the peace being
unpopular, he might be impeached for an Infraction of this
statute. To evade the danger, — In the presence of the King
and the whole parliament, Stafford made a protestation,
" That the peace about to be made with France was merely '
of the King's own motion and will, and that he was not
instigated thereto by any one whatsoever." This protest was
InroUed, and thereupon the statute referred to was repealed,
and It was declared, " that no person whatsoever should be
Impeached at any time to come for giving counsel to bring
about this peace with France." f
It should be stated to the honour of the Chancellor, who
cordially seconded the liberal intentions of the King, that in
this parliament he proposed and carried an act to confirm the
foundation of Eton College, where ¦ —
" Grateful Science still adores
Her Henry's holy shade."
By concealing an article in the treaty with France, that
the province of Maine, which was still in the possession of
the English, should be delivered up, ministers contrived to
obtain a vote of thanks from both Houses for concluding the
treaty; and for some time the Chancellor's tenure of office
seemed more secure than ever. But after the murder of
Gloucester and the death of Cardinal Beaufort, when the
stipulated cession of Maine was made known, and France
Insisted on the strict performance of the treaty, there was a

* 1 Pari. Hist. 378.

t Ibid. 379.

JOHN STAFFORD, CHANCELLOK. 351
general burst of indignation throughout the country, and the chap.
greatest Impatience was testified to bring to punishment the
Duke of Suffolk, the Queen's favourite who had negotiated
the treaty, together with the Lord Chancellor, and all who
were concerned in it.
The assembling of a parliament was delayed as long as Aparlia-
possible. The Queen, who had gained a complete ascendant ""^'^ '
over her husband, apprehensive of danger to Suffolk, long-
prevented the writs from issuing, and, under pretence of the
plague, contrived to have the opening of the session several
times adjourned.
At length both Houses met in the beginning of the year
1450. Lord Chancellor Stafford, who had been lately made
Archbishop of Canterbury, appeared on the wool- sack, and
tried to brave the storm, but soon found himself obUged to
yield to It. Although he was the organ of announcing se
veral prorogations, he was not permitted to deliver the usual
address explaining the reasons of summoning parliament ; and
the two Houses seem to have Insisted, before beginning any
business, that he should be dismissed from his office.
On the 31st of January, 1450, the day that parliament met Lord
pursuant to the last adjournment, " the Archbishop of Canter- staffOTd'""^
bury was discharged from the office of Chancellor, and John dismissed.
Kempe, Cardinal and Archbishop of York, was put In his
place."* I conjecture that, to appease the two Houses, this
transfer actually took place in their presence. From the
entry in the Close Roll, It appears that there were three seals
delivered to the new Chancellor, all which, it is said, he took
with him. to his country house at Charing Cross.!
Ex-chanceUor Stafford was not further molested. He His de;.th
retired from politics, and died at Maidstone, In Kent, on the
6th of July, 1452. He was par negotiis neque supra, one of
those sensible, moderate, plodding, safe men, who are often
much relished by the leaders of political parties, as they can
fill "an office not discreditably, without any danger of gaining
too much 6clat, and with a certainty of continued sub
serviency. * 1 Pari. Hist. 386. t Rot. Cl. 28 Hen. 6. m. 7.

and cha
racter.

352

REIGN OF HENRY VI.

CHAP. XXL
Cardinal
Kempe
again Chancellor.

Banish
ment and
death of
Duke of
Suffolk.

A.I). 1450.
Jack Cade's
¦rebellion.

Cardinal Kempe succeeded him likewise as Archbishop of
Canterbury, and continued Chancellor till he died In the
office on the 2d of March, 1454. Any knowledge of the
law he had acquired when he before held the Great Seal had
utterly evaporated during his eighteen years' retirement from
the office, and he must no doubt have now been very unfit
for Its judicial duties ; but civil war was at hand, and the
Interests of justice were little regarded In the struggles of the
different factions who were preparing for hostilities.
He had first to preside on the impeachment of the Duke of
Suffolk, who, declaring " that he was as innocent as the
child still in the mother's womb," instead of claiming to be
tried by his peers, threw himself without reserve on the will
of his sovereign. Chancellor. — " Sir, since you do not put
yourself on your peerage for trial, the King will not hold you
either guilty or Innocent of the treasons with which you have
been charged, but as one to Avhose control you have volun
tarily submitted (not as a Judge advised by the Lords) : —
he commands you to quit this land before the 1st of May,
and forbids you ever. to set your foot during the five next
yeans on his dominions either In this kingdom or beyond the
It Is well known how the unfortunate Suffolk, who

sea.

the cunning man In calculating his nativity had prophesied
was to die by " Water," had his head struck off by " Walter "
Whitmore, as he was crossing the sea under this Illegal
sentence, f
Then broke out Jack Cade's rebellion, which was specially
aimed against the Chancellor and all concerned with the
profession of the law. The measures at first taken to sup
press it were most Inefficient, and the King and his court were
obliged to seek protection In KenUworth Castle, London
opening Its gates to the Insurgents. The Chancellor took
the chief management of affairs, and the rebels having re
ceived a repulse, he succeeded In dispersing them by offering
a general pardon and setting a price on Cade's head, which
was earned by Iden of Kent. J

* Rot. Far. vol. v, 182.
I Shaks. Part II. Hen. VL

t Shaks, Part IL Hen. VL act iv. sc. 1.

CARDINAL KEMPE, CHANCELLOR. 353
Many supposed that Cade had been set on to try the dis- chap,
position of the people towards the right heir to the crown.

He pretended to be a son of Mortimer, who had married the
daughter of the Duke of Clarence, elder brother of John of
Gaunt ; and in this belief thousands flocked to his standard.
The Duke of York, the real heir through a daughter of Mor
timer, at last openly set up his claim — for which there was
now a very favourable opportunity from the Intellectual
weakness of the King ; — from the extreme unpopularity of
the Queen, whose private character was open to great sus
picion, and who was considered a devoted partisan of France ;
— from the loss of the foreign possessions which had so much
flattered the pride of the. English nation ; — from the death
and discomfiture of the ablest supporters of the reigning dy
nasty ; — from the energy and popularity of the pretender him
self; — and from the courage, the talents, and the resources
of his numerous adherents.
The claims of the rival houses being debated in the Temple War of the
Gardens, the red and the white roses there plucked became the °^^^'
opposing emblems *, and men took different sides according to
their judgment, their prejudice, or their interest.
When the next parliament met at Reading In the spring of
1453, It was found that the Duke of York had a powerful party
In both Houses, although many who preferred his title were
very reluctant to take active measures to support it, on ac
count of the mild virtues of the reigning Sovereign. The
Chancellor being unable to attend, the session was opened by
a speech from the Bishop of Lincoln, who contented himself
with declaring " the cause of summoning the parliament to
be chiefly for the good government of the realm and safe
defence of the same ; to which end he bid the Commons
choose their Speaker and present him at the bar." f The
* " Plantagenet. Let him that is a true born gentleman
. And stands upon the honour of his birth.
If he suppose that I have pleaded truth,
From off this brier pluck a white rose with me.
" Somerset. Let him that is no coward nor no flatterer
But dare maintain the party of the truth.
Pluck a red rose from off this thorn with me,"
¦\ 1 Pari. Hist. 391.
VOL. I. A A

354

REIGN OF HENRY VI.

CHAP. XXL
A.D. 1453.

Death and
character
of Lord
ChanceUorKempe.

Speaker chosen was Thomas Thorpe, Chief Baron of the
Exchequer, whose Imprisonment gave rise to the famous case
of parliamentary privUege, in which the judges declared that
such questions did not belong to them to consider. On the
22d of July the Chancellor prorogued the parUament to the
7th of November, to meet at Reading, and it was farther
prorogued to the 11th of February foUowing, to meet at
Westminster. Before this day arrived, public affairs had faUen Into
a state of the greatest confusion. The King had been
attacked by an illness which affected his mind and made
him unfit for business, and his ministers seem to have been
wholly at a loss what course they should adopt. The
Duke of York did not yet venture formaUy to claim the
crown; but he contrived to get almost all the power of
the executive government into his own hands. A commis
sion under the Great Seal was produced, appointing him to
hold the parliament in the King's absence. Thorpe the
Speaker being of the opposite party, and being Imprisoned for
damages recovered against him by thd Duke of York, the
Commons were prevailed upon to choose another Speaker,
and the Chancellor announced to them the royal approbation
of the choice.
This was the last act of Lord ChanceUor Kempe ; while
still in possession of his office he suddenly sickened, and died
on the 2d of March, 1454. He had showed himself always
ready to go with the ruling power, and recently, even to join
the Yorkists if necessary, a disposition which may account
for the continued stream of promotion w^hich 'flowed upon
him through life. Besides being twice Lord Chancellor, he
had held three bishoprics and two archbishoprics. He was
first created cardinal by the title of St. Albinus, which after
wards, when he came to be Archbishop of Canterbury, he
changed by the authority of the Pope for that of iS'^. Rufinus.
A barbarous line has been handed down to us describing his
ecclesiastical preferments —

' Bis primas, ter prseses, et bis cardinale functus."

CARDINAL KEMPE, CHANCELLOR. 355
Amidst the difficulties which arose In carrying on the CHAP.
government on the Chancellor's death, a committee of the  |^

Lords was appointed to go to the King lying sick at Windsor, j^. j,. 1454
to learn his pleasure touching. two articles ; the first, to know Kmg's iU-
who should be Archbishop of Canterbury, and who Chancellor
of England In the place of John Kempe, by whose death they
lay in the King's disposal * ; the second, to know whether
certain Lords there named to be of the Privy Council were
agreeable to him or not. On the 25th of March, the said
committee reported to the whole House " that they had been
to wait upon the King at Windsor, and after three several
repairs thither, and earnest solicitations to speak with the
King, they could by no means have answer, or token of
answer, being only told the King was sick. Two days after
wards the Lords appointed the Duke of York Protector of
the realm, so long as the same shall please the King. The
Duke, still hesitating about the assertion of his own right,
and with a view, to the pains of treason to which he might
afterwards be subjected, obtained a declaration of the House,
that he took upon him the said office by the particular ap
pointment of the Lords, and not of his own seeking or desire.
Letters patent, to which the Duke must himself have affixed
the Great Seal, were read In the House, appointing him Pro
tector during the King's pleasure, or until such time as
Edward the Prince, then an infant a few weeks old, should '
come to the age of discretion. The, Duke, In full parliament,
took upon him to perform the duties of his high office, f
* The entry in the Parliament Roll affords a curious specimen of the English
language in the middle of the fifteenth century.
" Memorand' that on the xxiii day of Marche, forasmuche as God hath called
to his mercy and shewed his will upon Maister John Kempe, late Cardinall
Archebishop of Caunterbury, and Chaunceler of Englond, whoos soule God
assoile, and by whoos deth th' office of Chaunceler of Englond stondeth now
voide, the which office, of force and necessite for the ease of the people and
processe of the lawe, must be occupied ; it was advised, ordeigned, assented,
and tburrougbly agreed by the Duke of York, the Kinges lieutenaunt in this
present parlement, and all the Lordes spiritualx and temporalx assembled in the
parlement chambre at Westr., that certain Lordes, that is to seie, &c., shoulde
ride to Wyndesore to the Kynges high presence, to shewe and declare to his
Highnesse the seid materes," &c. The instructions are then set out, and there
is a long account of the whole transaction.— v. 244.
t 1 Pari. Hist. 393

356

REIGN OF HENRY VI.

CHAP. XXT.

The Earl
of Salis
bury ap
pointed Chancellor
by the
Duke of
York.

Peb. 2,
1461,

King's re
covery.

His first judicial appointment must have caused consider
able astonishment in Westminster Hall. The Close Roll of
this year informs us, that " on the 2d of AprU the King's
three Great Seals, one of gold and two of silver, were brought
Into parllam.ent ; and the Duke of York, Lieutenant of the
kingdom, delivered them to Richard Neville, Earl of
Salisbury, as Chancellor."*
He was the most powerful Peer who has ever been
Chancellor of England ; and If military prowess were the
great requisite for the office, none could be better qualified
to fill It. He was one of the chiefs of the family of Neville,
" which," says Hume, " was perhaps at this time the most
potent, both from their opulent possessions, and from the
characters of the men, that has ever appeared In England."
This Earl of Salisbury was the son of the Earl of West
moreland, and inherited by his wife, daughter and heir of
Montacute Earl of Salisbury, killed before Orleans, the
estates and title of that great house. In the 1 1th of Hen. VI.
he was made warden both of the • east and west marches,
and gained great distinction in repressing Incursions of the
Scotch. He then served with gallantry in France, having
under his own penant 7 knights, 49 men at arms, and
1046 archers. He early espoused the interest of Richard
Duke of York, Having contributed his assistance to make
him Protector, he was now rewarded with the office of Lord
Chancellor, and seemed in the possession of permanent power
and felicity, though actually destined to finish his career by
the hands of the common executioner, — his head being
stuck upon a pole erected over one of the gates of the city of
York. He retained the office exactly one year. During this time
the King so far recovered from his distemper as to be able to
carry the appearance of exercising the royal prerogative ; and
the Duke of York, not having boldly seized the Crown as his
right, Margaret, In her husband's name, resumed the royal
• Another account states, that on the second of April the coffer containing
the Seals was brought into the parliament chamber, placed on the bench where
the Duke of York sat as Lieutenant, and after an interval opened by the Earl of
Salisbury himself, who took possession of them, and assumed the office of Chan
cellor  Rymer, t, ii, p. 344.

CARDINAL BOURCHIER, CHANCELLOR. 357
authority, annuUed the protectorship, released the Duke of CHAP.
Somerset, the principal leader of the Lancastrians, from the ^^I-
Tower, and committed the administration Into the hands of '
that nobleman. The Duke of York, and his Chancellor, saw
that if they submitted to this revolution, they would soon be
brought to trial for treason. They flew to arms, and em
ployed themselves in levying forces In the counties where
they were most potent.
On the 7th of March, 1455, Thomas Bourchier, Arch- Cardinal
bishop of Canterbury, was made Lord Chancellor by the made'^™^"'
Queen's new government. There is an entry in the Close cfflfacellor
Roll of the surrender of the Seals*; but, in reality, the same Queen
seals were not used by the different Chancellors of the oppos- March 7.
ing parties, and it was objected to the Earl of Salisbury that
the true Great Seal had never been In his custody. :¦,
The new Chancellor holds a distinguished place in English ' Great- \
history, having been Archbishop of Canterbury under five P^'^fc^'j
successive reigns, and having exercised a considerable influ- III- ^
ence upon the events of his time. He was of high lineage,
being descended from Lord ChanceUor Bourchier, and son of
WlUIam Bourchier, Count of Eu in Normandy, and Earl of
Essex in England, by Anne, daughter of Thomas of Wood
stock, sixth son of Edward III. He early discovered that His good
love of letters for which he was noted through Ufe, and ^"^"'^^¦
which Induced him to take an active part In Introducing the
art of printing Into England. In 1434, while he was still a
young man, he was elected Chancellor of the University of
Oxford, where he had been educated. He filled successively
the sees of Worcester and Ely. In April, 1454, on the His rise-
death of Cardinal Kempe, he was promoted to the Arch
bishopric of Canterbury ; and in December following he
received the red hat from Rome, being created Cardinal-
priest of St. Cyriacus in Thermis.
Soon after his appointment as Chancellor was fought the s.*'^],°^,
great battle at St. Alban's, in which his predecessor had a May 22.
leading command, and in which the Yorkists were superior, '^'^^^¦

* Rot. Cl. 33 Hen. 6. m. 9.
A A 3

358

REIGN OF HENRY VI.

^^xF having, without any material loss on their part, slain 5000 of
 '__ their enemies. Among these were the Duke of Somerset and
several other of the most distinguished Lancastrian leaders,
so that Margaret's party seemed almost annihilated.
The Duke of York still thought it the most politic course
to exercise power In the name of the King, who had been
taken prisoner, and for whom all outward respect was tes
tified. As a proof of moderation, the Archlshop of Canter
bury was aUowed to retain the office of Chancellor, and a
July, 1455. parliament, which met In July at Westminster, was opened
by a speech from him. There was not perfect confidence,
however, as to what he might say if left to himself to declare
the causes of the summons, and his speech was settled at a
conference between the two parties. It is related that " the
Chancellor caused certain articles to be read before the
Houses containing the causes of the summons, which were
divided as follows — to take order for the expenses of the
King's household ; for the due payment of th^ garrison at
Calais ; for keeping the seas against any Invasion of the
French ; to guard against the Scots, who had besieged Ber
wick ; to procure a perfect accord and unity among the
Lords," &c.*
The Earl of Salisbury, the late Chancellor, was present at
this parliament, and produced a charter of pardon, under the
Great Seal, to himself and his confederates for having taken
arms and fought at St. Alban's, and all other acts which
could be construed into treason. This charter was confirmed
by both Houses, but was found a very feeble protection when
the opposite party regained their superiority.
On the 31st of July the Archbishop of Canterbury, as
Chancellor, In the King's presence and in his name, pro
rogued the parliament to the 12th of November.
In the interval he seems to have been entirely gained over
by the Yorkists ; for, when the parliament again met, he con
curred with them In measures for utterly subverting the royal
authority. A deputation from the Commons prayed the Lords
that a Protector might be again appointed. The Lords con-

Duke of
York, Pro
tector.

*¦ 1 Pari. Hist. 395.

CARDINAL BOURCHIER, CHANCELLOR. 359
sequently held a consultation, when It was resolved that the CHAP,
Duke of York was the most worthy for the office, and a '^^^^
request was made to him by the whole House, that he would
assume the protectorship. The Duke excused himself, and
desired time to consider of It. The deputation from the
Commons expressed some Impatience ; to which the Lord
Chancellor answered, that the King, with the assent of the
Lords, had requested the Duke of York to be Protector.
At the proper moment the Duke relented, but he accepted
the office with the Uke protestation as on a former occasion —
that It had been forced upon him by the King and the two
Houses.* This farce must have been rather disgusting to the people,
who probably would have been better pleased had the right
heir boldly seated himself on the throne under the title of
Richard III. The Queen watched her opportunity ; and,
thinking that the Yorkists had Incurred some unpopularity,
availed herself of the Duke's absence from London, produced r
her husband before the House of Lords, and made him declare
his Intention of resuming the government, and putting an end
to the Protectorship. The manoeuvre, being unexpected, was
not resisted by the opposite party, and the House of Lords,
who had unanimously appointed the Protector, unanimously
assented to the immediate termination of his authority.
Bourchier the ChanceUor rejoined his old friends, and a writ chancellor
under the Great Seal was addressed to Richard Duke of seals wnt
to super-
York, In the King's name, superseding him as Protector, and sede Duke
at the same time the King, by proclamation, committed the ° °^
w^ole estate and governance of the realm to the Lords of his
council — meaning the Lancastrian leaders with whom the
ChanceUor co-operated. To their great joy the Queen had
lately been delivered of a son, who was now created Prince of
Wales, with a splendid provision for his ipalntenance during
his minority, t
¦* 1 Pari, Hist. 398,
t Historians have been much at a loss to account for Richard's reluctance to
throw off his allegiance, even when his party had all the power of the state iu
their hands. The reason may be, that while the King was childless he would
not run the risk of civil war, as he hoped that his family would succeed to the
throne without any dispute, on failure of the line of Hen. IV. The war of the
A A 4

360

REIGN OP HEJNRY VI.

CHAP. XXL
Seal taken
from Arch
bishop Bourchier.

Oct. 11.
1456.

WilliamWaynflete, Bishop of
Winches
ter, Chan
cellor,

The ParUament was prorogued by Archbishop Bourchier,
which seems to have been the last act which he did as Chan
cellor.* He rather affected neutrality in the struggle that
was going forward, and was always desirous of preserving
peace between the contending parties. Maintaining his aUe
giance to the King, he refused to enter into the plots that
were laid for the destruction of the Yorkists. The Great
Seal was therefore now taken from him, and transferred to
William Waynflete f, Bishop of Winchester, a most
determined and uncompromising Lancastrian.
The Record states that the Court being at Coventry, in
the Priory there, on the 11th of October, the Lord Chan
cellor Bourchier, In the presence of the Duke of York^ who,
with the Earls of Salisbury and Warwick, had been invited
to attend, and of many Lords spiritual and temporal, produced
to the King In his chamber the three royal seals which had
been Intrusted to him, two of gold and one of silver, in three
leather bags under his own seal, and caused them to be
opened; that the King received them from his hands, and
immediately delivered them to the Bishop of Winchester
whom he declared Chancellor, and that Waynflete, after
taking the oath of office and settLag the silver seal to a
pardon to the late Chancellor for all offences which could be
alleged against him, ordered the seals to be replaced, and the
bags to be sealed with his own signet by a clerk In Chancery,
and was thus fully InstaUed In his new dignity. J
Waynflete was the son of Richard Patten §, a gentleman of

Roses may perhaps be ascribed to the birth of the Prince of Wales, which was
considered so auspicious. There can be no doubt that had it not been for the
birth of another Prince of Wales, the son of James IL, William and Mary
would have waited to claim the crown by right of blood. There is another
prince whose birth may yet cause civil strife — the Duke of Bourdeaux. If he
had not appeared, the Orleans family, effect being given to the renunciation by
the Spanisli branch of the Bourbons, would have beeri entitled lo the crown of
France on the principles of legitimacy. But it may be better that they should
be obliged to rely on their title by the national will, and that they should be
reminded of this by the existence of a pretender.
* 1 Pari. Hist, 399,
f Dugdale calls him Wickham ; but this is a mistake, as he certainly always
went by the name of Waynflete, although he may be considered as spiritually a
son of WiUiam of Wickham. — Rot. Cl. 35 Hen. 6. m. 10.
t Rot. Cl. 35 Hen. 6. m. 10.
§ His father was sometimes called Bardon. At this time the surnames of
families were very uncertain.

His(

rigin.

WILLIAM WAYNFLETE, CHANCELLOR. 361
respectable family residing at Waynflete, in Lincolnshire. CHAP.
His biographers are at great pains to refute an imputation ^'^^^
upon him that he was a foundling, and relate with much
exultation that not only was his father " worshipfuUy de
scended," but that his mother, Margery Brenton, was the
daughter of a renowned military leader, who for his gallantry
in the French wars had been made governor of Caen. Young
Patten was educated in the noble seminaries established by
William of Wickham, — first at Winchester, and then at
Oxford, and acquired very great reputation for his proficiency
in classical learning.
He was ordained priest at an early age, and according to a
very usual custom, even with those of good birth, he then
exchanged his family name for that of the place where he
was born. In 1429 he was made head master of Winchester
school. Here he acquired great fame as a teacher, and In con
sequence gained the favour of Cardinal Beaufort, then bishop
of the diocese, who Introduced him to the King. "Holy a.d. 1441.
Henry" was now employed in founding his Illustrious es- Provostrf
tabllshment for education at Eton, and prevailed on Waynflete El""-
to consent to be named in the charter one of the original
Fellows for three years; he was promoted to the office of
Provost, and he not only superintended the studies of the
place with unwearied Industry, but largely contributed to the
expense of the buildings from his private means.
. On the death of Cardinal Beaufort, by the unanimous
election of the Chapter and the royal consent, he was ap
pointed Bishop of Winchester. In compliance with the
fashion of the times he protested often, and with tears, against
the appointment, tlU he was found about sunset In the church
of St. Mary, — when he consented, saying, he would no longer
resist the divine will. He repeated often that verse of the
Magnificat, " Qui potens est fecit pro me magna ; et sanc
tum nomen ejus * ; " which also he added to his arms as his
Aotto. He showed great energy in assisting in the suppression of His con
ference
* St. Luke, i. 49.

362

REIGN OF HENRY VI.

CHAP. XXI.
with Jack
Cade.
The Chan
cellor sup
ports the
Lancas
trians.

Hisjudicial
conduct.

Cade's rebeUion. He had a personal conference with Cade,
and advised the pubUcation of the general pardon, which
drew off many of his followers.
The war of the Roses beginning, he took a most decided
part In favour of the Lancastrians. The two armies being
first arrayed against each other on Blackheath, the King sent
Waynflete to the Duke of York to inquire the cause -of the
commotion; and the Lancastrians being indifferently pre
pared, a temporary reconciliation was brought about by his
efforts. He was selected to baptize the young Prince, who, to the
great joy of the Lancastrian party, was born on St. Edward's
day, 1453 ; and he so won the King's heart, by framing
statutes for Eton, and King's College, Cambridge, that his
Majesty added a clause with his own hand, ordaining that
both colleges should yearly, within twelve days preceding
the Feast of the Nativity, for ever after Waynflete's decease,
celebrate solemn obsequies for his soul, "with commendations
and a morrow mass ; " a distinction not conferred on any
other person besides Henry V. and Queen Katherine, the
father and mother of the founder ; and Queen Margaret, his
own wife, for whom yearly obits are decreed, with one quar
terly for the founder himself.
The prudence of the Bishop was now to be "made eminent,
in warilie wielding the weight of his office * " of Lord Chan
cellor. For its judicial duties he must have been very unfit;
and as he had not the assistance of a Vice-chancellor, the
defective administration of justice must have given great
cause of complaint ; but in such troublous times, these con
siderations were little attended to. His first act was to bring
to trial, on a charge for publishing Lolardlsm, Peacock,
Bishop of Chichester, Inclined to Yorkism, if not to hetero
doxy, — who was sentenced to sit In his pontificals, and to see
his books delivered to the flames in St. Paul's churchyard,
and then to retire to an abbey on a pension.
While the Yorkists renewed their efforts to shake the

* Hollinsh. vol. ii. p. 628,

WILLIAM WAYNFLETE, CHANCELLOR. 363
Lancastrian power, and the two parties continued to display CHAP.
mutual animosity, the peaceful King found consolation In his ^xi.
Chancellor. Ha sometimes. It Is related, would bid the other
Lords attend the council, but detain him to be the companion
of his private devotion; to offer up with him In his closet
prayers for the common weal.* However, the Chancellor,
in reality, exerted himself to the utmost to depress the Yorkist
party, although he was sometimes obliged to dissemble, and
to make the King assume a tone of moderation, and almost
of neutrality, f
By the mediation of Archbishop Bourchier, a seeming March 24,
reconciliation was brought about, and a formal treaty con- Apparent
eluded, consisting of eight articles, to which the new Chan- pacifica-
cellor, with no very sincere intentions, affixed the Great
Seal. In order to notify this accord to the whole people, a
solemn procession to St. Paul's was appointed, where the
Duke of York led Queen Margaret, and the chiefs of the
opposite parties marched hand in hand. ChanceUor Wayn-
fiete, I presume, had for his partner Ex-chanceUor the Earl
of Salisbury. The less that real cordiality prevailed, the more
were the' exterior demonstrations of amity redoubled on both
sides, t
Had the Intention of the leaders been ever so amicable. Hostilities
they would have found it impossible to restrain the animosity ''''^"™ed,
of their foUowers ; and a trifling quarrel between one of the
royal retinue and a retainer of the Earl of Warwick, the son
of the Earl of Salisbury, and soon famous under the title of
" the King-maker," renewed the flames of civil war. The Battle of
battle of Blore Heath was fought, in which the Earl of Sails- ^°\
bury acquired the most briUiant renown for his generalship ;
but this was soon foUowed by a heavy disaster to the
Yorkists, arising from the sudden desertion of a body of
veterans the night before an expected engagement, so that

* " S^pius ob eximiam sanctimoniam in penetrale regium adhibitus, csete-
roque senatu super arduis regni negotiis consilium inituro, Quin abite (inquit
Princeps) Ego interim et Cancellarius meus pro salute reipuhlica vota Deo nuncu-
pabimus." — Budden, p. 86.
f Chandler's Life of Waynflete, c. iv. v. |: 1 Pari. Hist. 401.

364

REIGN OP HENRY VI.

CHAP, XXL
A parlia
ment.

Yorkists
attainted, 4,D, 1460.

Battle of
Northamp
ton,
July 10.
1460.

Waynflete
resigns Great Seal.

His subse
quent ca
reer.

they were obUged to disperse ; and the leaders flying beyond
sea, for a time abandoned the kingdom to their enemies.
The Queen, under the advice of the ChanceUor, took this
opportunity of holding a parliament to attaint the Duke of
York and his adherents. Both Houses met at Coventry on
the 20th of November, 1460. No temporal Peers were sum
moned, except staunch supporters of the House of Lancaster.
On the day of meeting, the King, sitting In his chair of state
In the Chapter House belonging to the Priory of our Lady
of Coventry, the Lords and Commons being present. It Is
said that " William, Bishop of Winchester, then ChanceUor,
made a notable declaration why this parliament was called."
But we have no account either of his text or his topics ; and
we are only told that he willed the Commons to choose their
Speaker, and present him the next day to the King. *
The attainders were quickly passed ; the members of both
Houses were sworn to support the measures taken to ex-.
tingulsh the Yorkists ; and the Chancellor, In the presence of
the King and of the three estates, and by his Majesty's com
mand, after giving thanks to the whole body, dissolved the
parliament, f
But In a short time the Yorkists again made head; and
the youthful Earl of March, afterwards Edward IV., gained
the battle of Northampton, In which above 10,000 of the
Queen's forces were slain ; the King was again taken prisoner,
and a Yorkist parliament was held at Westminster.
Preparatory to this, the Great Seal was demanded in the
King's name from Bishop Waynflete, and he resigned It on
the 7th of July, 1460, having held it three years and nine
months. I He took the precaution of carrying away with
him a pardon, under the Great Seal, which he might plead if
afterwards questioned for any part of his conduct. He like
wise Induced the King to write an autograph letter to the
Pope, to defend him from the calumnies now propagated
against him. §

¦* 1 Pari. Hist. 401. , + Ibid. 463.
t Rot. Cl. 38 Hen. 6. ra. 5.
§ This curious epistle is of considerable length, and I shaU content myself

WILLIAM WAYNFLETE, CHANCELLOR. 365
William, Bishop of Sidon, a monk of the order of St. chap.
Austin, had acted for him as his suffragan whUe he was ^^^'
Chancellor, but he now returned to the personal discharge of
his episcopal 'duties, and occupied himself for the rest of his
days in founding Magdalen CoUege, Oxford, that splendid
monument of his munificence.
Although always at heart an affectionate partisan of the Submits to
House of Lancaster, when Edward IV. had been firmly ^.„'''i4to,
established on the tlirone, he submitted to the new dynasty;
but he was allowed frequently to visit his ancient master, who,
while a prisoner In the Tower, being indulged in the freedom
of his devotions, hardly regretted the splendour of royalty.
During Henry's short restoration, Waynflete assisted In re-
crownlng him ; but after he and his son had been murdered,
and Edward was restored and re-crowned, the Ex-chanceUor
again submitted, swore allegiance to the young Prince, who a.d. 1472.
had been born In the sanctuary at Westminster, and accepted
the office of Prelate to the Order of the Garter.
He was famed for the hospitable reception he gave to Entertains
Richard III. in his new College. This Sovereign, who seems R'j'i'i'-'i
" ° . III. at the
not to have been by any means unpopular while on the College
throne, having intimated an intention of visiting the unl- ^Im "^^^ ^^
verslty of Oxford, Waynflete Invited him to lodge at Mag
dalen, and went thither to entertain him. On his approach
from Windsor on the 24th of July, 1483, he was honourably
received and conducted In procession Into the newly erected
College by the founder, the president, and scholars, and there
passed the night with his retinue, consisting of many prelates,
nobles, and officers of state. *

with extracting one sentence as a specimen. " Animo nobis est, vehementer et
cordi, clarissimo viro fortasse per emulos tracto in infamiam, nostro testimonio
quantum in nobis est omnem adimere culpam, huic presertim quem plurimum
carum habemus Reverendo in Christo patri Willelmo Winton Episcopo ; cujus
cum opera et obsequiis, in regni negotiis gerendis non parum usi sumus, in
nichilo tamen eum excessisse testamur quo juste denigrari possit aut debeat
tanti fama Prelati, quam hactenus omnium ore constat intemeratam extitisse."
— MS. C. C. C. Cambridge, Budden, p. 80.
* It puzzles us much to understand how not only the King and his court,
but the King and both Houses of Parliament, were anciently accommodated
when assembled in a small town ; but it appears that a great many truckle beds
were spread out in any apartment, and with a share of one of these a luxurious
baron was contented, — the less refined not aspiring above straw in a barn. Both

366

REIGN OF HENRY VI.

CHAP, Next day two solemn disputations were held by the King's
 |_ order in the CoUege hall, the first in moral philosophy, the
other In divinity, — the disputants receiving from the King a
buck, and a present In money. He bestowed likewise on the
president and scholars two bucks, with five marcs for wine.
Such good will was created by his condescension and gene
rosity, that the entry In the college register made under the
superintendence of Waynflete, ends witi^^V^ivat Rex In
eternum," ^^^
His death ^}^q Ex-chauceUor Uved to see the union of the Red and
and charac- . -i-,
ter. White Rose, and died on the 11th of August, I486.*
His character and conduct are not liable to any |^nslder-
able reproach, and his love of learning must ever make his
memory respected in England, f
Charles I. and Cromwell slept in the same bed with their officers. By Wayn
flete's statutes for Magdalen College, each chamber on the first floor in ordinary ^
times was to contain two truckle beds,
'*' It is remarked as a curious fact that three prelates in succession held the
bishopric of Winchester for 119 years, the time between the consecration of
William of Wickham and the death of Waynflete.
f Budden's Life of Waynflete. Chandler's Life of Waynflete.

GEORGE NEVILLE, CHANCELLOR. 367

CHAPTER XXII.
CHANCELLOES DURING THE EEIGN OF HENET VI. FEOM THE AP
POINTMENT OPGE^GE NEVILLK, BISHOP OF EXETEE, TILL THE
DEATH OF LOEaBRrANCELLOE FORTESCUE.
When the GrVtySeal was taken from Waynflete in 1460, CHAP.
from the 7th to^he 27th of July It was In the custody of 
ArchblSrop Bourchier, but only tlU It could be Intrusted to a.d. u60.
one In whom the Yorkists could place entire confidence. 9^'^'^^ ^^^^
. * 1111 1/. ii-vri. .'J^ custody
This prelate had lately much favoured the Yorkists, but still of Arch-
they recollected bis former vacillation. ^'*°P, .
•^ _ Bourchier.
» On the 25th of July a new ChanceUor was installed, about George
whose fidelity and zeal no doubt could be entertained ; — Neville,
George Neville, Bishop of Exeter, the son of the Earl of Exete?, "
SaUsbury, and brother of th^ Earl of- Warwick. * He had ChanceUor,
studied at Baliol CoUege, Oxford, and taking orders, had i46o.
such rapid preferment, that he was consecrated a bishop
before he was twenty-five, and he was made Lord Chancellor
before he had completed his thirtieth year.
The parliament met on the 7th of October. We are told a pariia-
that. In the presence of the King sitting In his chair of state
in the Painted Chamber at Westminster, and of the Lords
and Commons, George Bishop of Exeter, then Chancellor of
England, made a notable declaration, taking for his theme,
" Congregate populum et sanctificate eccleslam." But we are
not informed how he prepared the two Houses for the solemn
claim to the crown now to be made by his leader, to which
he was undoubtedly privy, f
The Duke of York, on his return from Ireland, having Duke of
eptered the House of Lords, he advanced towards the throne, ^la
and being asked by Archbishop Bourchier whether he had
yet paid his respects to the King, he repUed " he knew none to
* Rot. Cl. 38 Hen. 6. m. 7. t 1 Pari. Hist. 404.

ment.

jlaims

368

REIGN OP HENRY VI.

CHAP. XXIL

Right to
crown
argued at
bar of
Lords.

Judgmentfor Duke
of York
after death
of King
Henry,

whom he owed that title;" and addressing the Peers from the
step under the throne, he asserted bis right to sit there, giving
a long deduction of his pedigree, and exhorting them to return
into the right path by doing justice to the lineal successor.
It might have been expected that he would have concluded
the ceremony by taking his seat on the throne, which stood
empty behind him ; but he immediately left the House, and
the Peers took the matter into consideration with as much
tranquillity as if it had been a claim to ^ dormant barony.
They resolved that the Duke's title to the crown should be
argued by counsel at the bar, and they ordered that notice
should be given to the King that he likewise might be heard.
The King recommended that the Judges, the King's Serjeants,
and the Attorney General, should be called in and consulted.
They were summoned, and attended accordingly ; but the
question being propounded to them, they weU considering
the danger in meddling with this high affair, utterly refused
to be concerned in it.
Nevertheless counsel were heard at the bar for the Duke ;
the matter was debated several successive days, and an order
was made that every Peer might freely and Indifferently
speak his mind without dread of impeachment. Objections
to the claim were started by several Lords, founded on former
entails of the crown by parliament, and on the oaths of fealty
sworn to the House of Lancaster ; while answers were given
derived from the Indefeaslblllty of Hereditary right, and the
violence by which the House of Lancaster had obtained and
kept possession of the crown.*
The Chancellor, by order of the House, pronounced judg
ment, "that Richard Plantagenet had made out his claim,
and that his title was certain and Indefeasible ; but that In
consideration that Henry had enjoyed the crown without
dispute or controversy during the course of thirty-eight years,
he should continue to possess the title and dignity during the
remainder of his life ; that the administration of the govern
ment, meanwhile, should remain with Richard, and that he
should be acknowledged the true and lawful heir of the

* 1 Pari. Hist. 405.

GEORGE NEVILLE, CHANCELLOR. 369
monarchy." This sentence was, by order of the House, chap.
communicated to the King by the Chancellor, who explained

to him the Duke's pedigree and title ; and thereupon the
King acquiesced in the sentence.. All this was confirmed by
the full consent of parliament, and an act was published
declaring the Duke of York to be right heir on a demise of
the crown.*
But Margaret refused to be a party to this treaty, and was Battle of
again at the head of a formidable army. The battle of x)e^c!^3o. '
Wakefield was fought, in which Richard Plantagenet fell, i460.
without ever having been seated on that throne to which he Rid.ard
was entitled by his birth, and which had repeatedly seemed P'antage-
wlthln his reach. Here bravely fighting by the side of his of York.
leader was taken prisoner, overpowered by numbers, the Ex-
chanceUor, the Earl of Salisbury. He was immediately Execution
tried by martial law and beheaded. His head remained °i,a„ceiior
stuck over one of the gates of York till it was replaced by the Earl of
that of a Lancastrian leader after the battle of Mortimer's pei, g
Cross. For the dignity of the Great Seal I ought to give i^ei.
some account of the illustrious progeny of Lord Chancellor
Salisbury. His sons were Richard Earl of Warwick, " the
King-maker," John Marquis of Montagu, Sir Thomas, a great
military leader, and George, the Bishop, made Chancellor in
his father's Ufetime. His daughters were, Joan, married to
* The entry of this proceeding on the Parliament Roll is very curious.
" Memorand' that on the xvi day of Octobr', the ixth daye of this present
parlement, the counseill of the right high and mighty Prynce Richard Due
of York brought into the parlement chambre a wryting conteignyng the clayme
and title of the right that the said Doc pretended unto the corones of Englond
and of Fraunce, and lordship of Irelond, and the same wryting dtlyvered to the
Right Reverent Fader in God, George Bishop of Excestre, ChanceUer of
Englond, desiryng hym that the same wryting might be opened to the Lordes
spiritualx and temporalx assembled in this present parlement, and that the seid
Due myght have brief and expedient answere therof: Whereupon the seid
Chaunoeller opened and shewed the seid desire to the Lords spiritualx and
temporalx, askyng the question of theym, whither they wold the seid writyng
shuld be openly radde before theym or noo. To the which question it was
answered and agreed by all the seid Lords : Inasmuch as every persone high
and lowe suying to this high court of parlement, of right must be herd, and his
desire and petition understaude, that the seid writyng shuld be radde and herd,
not to be answered without the Kyng's commaundment, for so moche as the
matter is so high and of soo grete wyght and poyse. Which writyng there
than was radde the tenour whereof foloweth in these wordes," &c,
Ttien foUow all the proceedings down to the King's confirmation of the
Concord. VOL. I. B B

370

REIGN OP HENRY VI.

CHAP. XXIL
Children of
Ex-chan
ceUor Earl
of Arundel,

Feb. 1 7.
1461.
Qusere,
Whether Sir Johu
Fortescue
was ever
Chancellor
in Kng
land?

Supposed
to have
been only
CliancelJor
in partibus.

the Earl of Arundel ; CicUy, to Henry Beauchamp Earl of
Warwick ; Alice, to Henry Lord Fitzhugh of Ravenfroth ;
Eleanor, to Thomas Stanley, the first Earl of Derby of that
name; and Katherine, to John de Vere Earl of Oxford,
and afterwards to Lord Hastings, chamberlain to King
Edward IV.
There is no entry In the Records respecting the Great Seal
from the 25th of July, 1460, when George Neville was
created Chancellor nominally to Henry VL, but really under
the house of York, till the 10th of March, 1461, when he
took the oaths to the new King, and, according to Dugdale,
he continued Chancellor all the while ; but It Is Impossible
that he should have been allowed to exercise the duties of the
office during the whole of this stormy Interval, as for a
portion of It Margaret and the Lancastrians were In pos
session of the metropolis, and had a complete ascendency
over the kingdom, although it does not appear by the Rolls
or any contemporary writer that any other Chancellor was
appointed. If the celebrated Sir John Fortescue, author of the admi
rable treatise — " De Laudibus Legum Angliae," ever was
de facto Chancellor of England, and in the exercise of the
duties of the office. It must have been now, after the second
battle of St. Alban's, and at the very conclusion of the reign
of Henry VI.
Fortescue is generally by his biographers mentioned as
having been Chancellor to this Sovereign. In the Introduc
tion to his great work, after describing the Imprisonment of
Henry VI. , and the exile of Prince Edward his son, he
says, " Miles quidam grandsevus, PR..3EDICTI Regis AnglIjE
Cancellarius, qui etiam sub hac clade exulabat, principem
sic affatur ; " and throughout the dialogue he always de
nominates himself " Cancellarius."
I suspect that he only had the titular office of Chancellor
in partibus — when he accompanied the young Prince his pupil
as an exile to foreign climes, and that he never exercised
the duties of the office In England * ; but under these clr-

Spelman, in his list of Chief Justices, under head Jo. Fortescu, writes,

SIR JOHN FORTESCUE, CHANCELLOR. 371
cumstances I am caUed upon to offer a sketch of his history, — CHAP.
and it is deUghtful, amidst intriguing Churchmen and warlike ^^^ '
Barons who held the Great Seal In this age, to present to
the reader a lawyer, not only of deep professional learning,
but cultivated by the study of classical antiquity, and not
only of brUUant talents, but the ardent and enlightened lover
of liberty, — to whose explanation and praises of our free
constitution we are in no small degree Indebted for the re-
sistance to oppressive rule which has distinguished the people
of England,
Sir John Fortescue was of an ancient and distinguished His family,
family, being descended in the direct male line from Richard
Fortescue, who came over with the Conqueror. The family
was seated first at Winston, and then at Wear Giffard in
Devonshire, which still belongs to them.* He was educated
at Exeter College, Oxford, and called to the bar at Lincoln's
Inn. Unfortunately there is no further memorial of his
early career, and we are not Informed of the course of study
by which he acquired so much professional and general know
ledge, and reached such eminence.
In 1441 he was called to the degree of the coif, and was His rise at
made a King's Serjeant, and the year following he was raised *''® ^^'''
to the office of Chief Justice of the King's Bench, the duties Chief Jus-
of which he discharged with extraordinary ability. In the
struggle for the Crown he steadily adhered to the House of
Lancaster while any hope seemed to remain for that cause, —
being of opinion that Richard II. was properly dethroned for
his misgovernment; — that parliament then having the power
to confer the crown upon another branch of the royal family,
hereditary right was superseded by the will of the nation,
" Notior in ore omnium nomine Cancellarii quam Justiciarii, diu tamen functus
est hoc munere ; iUo vix aliquando, Coustitui enim videtur Cancellarius, non
nisi a victo et exulante apud Scotos Rege, Hen. 6., nee referri igitur in archiva
regia ejus institutio, sed cognosci maxime e libelli sui ipsius inscriptione." —
Glossarium Justiciarius. And under Spelman's Series Cancellariorum, he says,
" Jo. Fortescue Justiciarius Banci Regii exulante Hen. 6. in Scotia videtur
ejus con.stitui Cancellarius eoque usus titulo ; sed nuUa de eo mentio in Rott.
patentibus. Q.uiddm vero conteudunt eum non fuisse Caneellarium Regis sed
filii ejus primogeniti ; contrarium vero manifeste patet lib. suo de L. L. Ang,
in introductione, ubi sic de se ait, Quidem Miles grandaevus," &c,
* I have been favoured with a sight of the pedigree by Earl Fortescue, and
it is perfect in all its links, B B 2

372

REIGN OF HENRY VI.

CHAP. XXIL

WhUeChiefJusticefights in
battle of
Towton. March, 1461.

Attainted
by act of
parlia ment.

Goes into
exUe, A.-D. 1463.

Writes
" De Lau
dibus."

— and that the parliamentary title of the House of Lancaster
was to be preferred to the legitimist claim of the House of
York. Although advanced In years, and long clothed with the er
mine, he seems, according to the fashion of the age, to have
accompanied his party In their headlong campaigns, and to
have mixed in the moody fight. By the side of Morton, af
terwards Archbishop of Canterbury and Lord Chancellor, he
displayed undaunted valour at Towton, where a great part
of his associates were put to the sword, and the crown was
fixed on the brow of Edward IV. Still he refused to send
in his adhesion to the new Sovereign, and having vainly tried
to strike another blow In the county of Durham, he was at
tainted for treason by act of parliament with other Lancas
trian leaders.
After the fatal adventures which reduced the Queen and
her son to the society of robbers In a forest, he accompanied
the exiled family Into Scotland, where it Is said by some that
the title of Chancellor was conferred upon him. WhUe there
he wrote a treatise to support, on principles of constitutional
law, the claim of the House of Lancaster to the crown. Ed
ward being firmly seated on the throne, and King Henry a
prisoner In the Tower, he embarked with Margaret and
her son for Holland, and continued several years In exile
with them. Intrusted with the education of the young Prince.
He conceived that he was pursuing a judicious course for se
curing the future happiness of the English nation In forming
the character of the heir-apparent to the throne, and ac
quainting him with the duties of a patriot king — a task
which in later times even Hampden did not look upon as
derogatory to his talents or incompatible with his Indepen
dence.* With this view Fortescue now employed himself In the
composition of his book " De Laudibus," for the Instruction
of his royal pupil, in which he fully explains the principles
of the EngUsh constitution, and EngUsh jurisprudence, and

* Preface to Amos's translation of the " De Laudibus.'

SIR JOHN FORTESCUE, CHANCELLOR. 373
points out the amendments to be Introduced Into them by CHAP.
the Prince on recovering the throne.* ' ^^IJ^-
He afterwards accompanied the Queen back to England, submits to
but the cause of the House of Lancaster appearing at last ^dw, iv.
utterly desperate, and parliament and the nation having re
cognised the title of the new dynasty, he expressed his wil
lingness to submit himself to the reigning monarch.
Edward, with some malice, required that as a condition Writes in
of his pardon he must write another treatise upon the dis- tj'tk'of''
puted question of the succession. In support of the claim of House
the house of York against the house of Lancaster. The old
lawyer complied, showing that he eould support either side
with equal ability ; and afterwards. In a new petition, assured
the King " that he had so clearly disproved all the arguments
that had been made against his right and title, that now there
remained no colour or show of reason to the hurt thereof, and
that the same stood the more clear and open on occasion of
the writings hitherto made against them." f
The pardon was then agreed to, and expedited In due form. He is par-
As he had been attainted by act of parliament, It was neces- ^°^^^-
sary that the attainder should be reversed by the same autho
rity. He accordingly presented a petition for his restoration
in blood, to which the Commons, the Lords, and the King
assented, and which, according to the forms then prevailing,
thus became a statute, f

* So minute is he in his law reforms, that he even recommends new orna
ments for the robes of the judges. — - Ch. 51.
f Rot. Pari. vi. 26. 69. He tried to ride off on a point of fact. In his first
work he maintained that Pliilippa, daughter of Lionel Duke of Clarence,
through whom the House of York claimed, had never been acknowledged by
her father; in the second, that her legitimacy had been cleared up beyond all
controversy. — See Ling. v. 217. n.
^ By the favour of Earl Fortescue, his lineal representative, an exemplifica
tion of it under the Great Seal of Edward IV. now lies before me, and I
copy it for the curious in historical antiquities.
" Edwardus dei gra. Rex Anglie, Francis, et Dominus Hibnie Omlbz ad Exempli-
quos psentes Ire prvint, saltm. Inspeximz quandam petioem in parliamento nro "cation of
^ud We5tm. sexto die Octobr. Anno regni nri duodecimo sumonito et tento reversal of
et p. diusas progacoes vsqz ad et in sextum diem Octobr. Anno regni nri ^"f *'-
tciodecimo continuato et tunc tento nob. in eodem parliamento deo sexto die tainder of
Octobr. deo Anno regni nri triodecimo p. Johem Fortescu Militem exhibi- Lord
tam in hec vba : To the kyng oure soujeyne lord, In the moost humble wise Chancellor
sheweth vnto yoi^ most noble grace, your humble subget and true liegeman, Fortescue.
John Fortescue, knyght, which is and eid. shalbe duryng his lyf yof true and
B IS 3

374

REIGN OF HENRY VI.

CHAP. XXIL
Redres to
Ebrington.

He retired to Ebrington, In Gloucestershire, an estate
which he had purchased before his exile, and which now
gives the title of viscount to his descendants.
feithfull subget and liegeman, soureigne lord by the gee of God. Howe be
it the same John is not of power, ne hauoir to doo your highnes so goode suice
as his hert and wille wold doo, for so moche as in your parlement holden at
Westm. the iiijth day of Novembr, the first yere of your moost noble reigne,
it was ordeyned, demed, and declared by auctorite of the same parlement, that
the seid John, by the name of John Fortescu, knyght, among other psones
shuld stond and be conuicted and attaynted of high treason, and forfeit to you,
soureyn lord and your heires, all the castelles, manes, lordshippes, loodes,
teutes, rentes, suices, fees, advousons, hereditamentes, aud possessions, with
their appurtenances, which he had of estate of inheritance, or any other to his
vse had the xxx day of Decembr next afore the first yere of your moost noble
reigne, or into which he or any other psone or psones, feoffes to the vse or
behofe of the same John, had the same xxx day lawfuU cause of entre within
Englond, Irelond, Wales, or Cales, or the marche^ thereof, as more at large is
conteyned within the same acte or actes, pleas it your highnes, forasmoch as
your seid suppliauiit is as repentaunt and sorowfuU as any creature may be, of
all that which he hath doon and comitted to the displeasure of your highnes,
contrie to his duetie and liegeaunoe, and is and pseuantly shalbe to you,
soueigne lord, true, feithfull, and humble subget and liej;eman, in wille, worde,
and dede, of your moost habundant grce, by thaduis and assent of the lordes
spiell and temporell, and the coens in this your psent parlement assembled,
and by auctorite of the same, to enacte, ordeyne, and stablish that the seid acte
and all actes of atteyndre or forfeiture made ayen.st the same John and his feof
fes, to the vse of the same John, in your seid parlement holden at Westm. the
seid iiijth day of Novembr as ayenst them and euery of them, by what name or
names the same John be named or called in the same acte or actes, of, in, or by
reason of the pmisses, be viterly voide and of noon efifecte ne force : And that the
same John nor his heires in no wise be purdiced or hurte by the same acte or
actes made ayenst the same John : And that by the same auctorite your seid sup-
pliaunt and bis heires have possede, joy, and inherite all man' of possessions and
hereditamentes in like mani^ and fourme, and in as ample and large wise as the
seid John shuld haue done if the same acte or actes neu' had be made ayenst the
same John ; And that the seid John and his heires haue, hold, joy and inherit
all castelles, manes, lordshippes, loudes, tentes, rentes, suices, fees, advousons, and
all other hereditaments and possessions, with their appurtenances, which come or
ought to haue come to yo' handes by reason of the same acte or actes made
ayenst the same John and feoffes to his vse : And vnto theym and euy of theym
to entre, and theym to haue, joy, and possede in like man', fourme, and con-
dicion, as the same John shuld have had or doon if the same acte or actes neu'
had been made ayenst the seid John and his seid feoffes, to his vse, withoute
suying theym or any of theym oute of your handes by peticion, lync, or other
wise, by the course of your lawes. And that all Ires pattentes made by your
highnes to the seid John, or to any psone or psones of any of the pmisses be
voide and of noon effecte, sauing to euy persone such title, right, and lawfuU
entre as they or any of theym had at the tyme of the seid acte or actes made
ayenst the same John, or any tyme sith other then by means and vtue of oure
Ires patentes made sith the iiijth day of March, the first yere of your reigne, or
any tyme sith : And that no psone or psones be empeched nor hurt of or for
takyng of any issues or pfittes, nor of any offenses doon in or of any of the
pmisses afore the iijth of the moneth of Aprill, the xiij yere of your reigne, or
at any tyme sith the seid iiijth day of Marche by the seid John or any feoffes
to his vse by wey of accion or otherwise. Provided alway, that no psone nor
psones atteynted, nor their heires, take, haue, or enjoy any avauntage by this
psent acte, but oonly the seid John and his heires in the praises. And also the

SIR JOHN PORTESCUE, CHANCELLOR.
Here he quietly -spent the remainder of his days, and here
he died, leaving a great and venerable name to his posterity
and his country.
He was burled In the parish church at Ebrington, where a
monument, with the foUowing Inscription, was erected to his
memory : — " In felicem et immortalera memoriam
Clarissimi viri Dni Johannis Fortiscuii militis grandaevi,
Angliffi Judicis primarii et processu temporis sub Henrico VI,
Rege et Edwardo principi summi Cancellarii Consiliarii Regis
Prudentissimi, Legum Anglias peritissimi, necnon earundem
Hyperaspistis fortissimi, qui corporis exuvias lactam
Resurrectionem expectantes hie deposuit,"
In 1677 this monument was repaired by Robert Fortescue,
Esq., the then representative of the family, who added to It
these quaint verses : —
" Angligenas intra cancellos Juris et Equi
Qui tenuit, cineres jam tenet uma viri.
Lux viva ille fuit patrise, lux splendida legis,
Forte bonis Scutum, sontibus et scutica.
Clarus erat titulis, clarus raajoribus, arte
Clarus, virtute ast clarior emicuit.
Jam micat in tenebris, veluti carbunculus orbis.
Nam virtus radios non dare tanta nequit.
Vivit adhuc Fortescutus laudatus in Eevum
Vivet et in legum laudibus ille suis,"*

375

CHAP. xxir.
Death.

Epitaph.

feoffes to the use of the seid John, oonly for and in the pmisses which the same
feoffes had to the vse of the seid John, the seid xxx day or any tyme sith. And
your seid suppliaunt shall pray to God for the pseruacion of your moost roiall
astate, consideryng soueigne lord that your seid suppliaunt louyth so and ten-
drith the goode of your moost noble estate, that he late by large and clere
writyng delyued vuto your highness hath so declared- all the mut'^ which were
writen in Scotland and elles where ayen your right or title, which writynges
haue in any wise coinen vnto his knowledge, or that he at any tyme hath be
pryue vnto theym ; And also hath so clerely disproved all the argumentes that haue
he made ayen the same right and title, that nowe there remayneth no colour or mat^
of argument to the hurt or infayme of the same right and title hy reason of avy such
writyng, hut the same right and title stonden nowe the more clere and open by that
any such writynges haue he made ayen hem. Inspeximus eciam quendam assensum
eidem peticoi p coitates regni nri Angl. in deo parliamento existen scm, et
in dca peticoe specificat. in hec verba a cest bille les coenz sont EssENiaz.
Inspeximus insup. quandam re.sponsionem eidem peticoi p nos de acusamento
et assessu dnoq. spualiu. et temporaliu. in deo parliamento similit, existen.
ac Coitates pdce necnon auctoritate eiusdem parliamenti ftam et indorso eius-
dem peticois insertam in- hec verba soit fait come il est desire. Nos autem
tenores peticois assensus et responsionis predic. ad requisicoem pfate Johis
duximus exemplificand. p psentes. In cuius rei testimoniu. has Iras nras fieri
fecimus patentes. Teste me ipo apud Westm. quartodecimo die Februaij
Anno regni nri quarto decimo. GuNTHOitp.
¦r, „ fJoHEM GUNTHORP, 1 ^^.
Ex^ p. i rr. r r Cticos,
^ \_ i HOM AM JVO. J
* I insert the following re-lease of the manor of Ebrington as a curious specl-
B B 4

376

REIGN OF HENRY VI.

CHAP. XXIL

His cele
bratedjudgment on parlia
mentary
privilege.

Thorpe's
case.

As a common-law judge he is highly extolled by Lord
Coke, and he seems to have been one of the most learned and
upright men who ever sat in the Court of King's Bench.
He laid the foundation of parUamentary privUege, to which
our liberties are mainly to be ascribed. He had the sagacity
to see, that if questions concerning the privileges of parliament
were to be determined by the common-law judges appointed
and removable by the Crown', these privileges must soon be
extinguished, and pure despotism must be established. He
perceived that the Houses of parliament alone were com
petent to decide upon their own privileges, and that this
power must be conceded to them, even in analogy to the
practice of the Court of Chancery and other inferior tribunals.
Accordingly, In Thorpe's case, he expressed an opinion which,
from the end of the reign of King Henry VI. till the com
mencement of the reign of Queen Victoria, was received with
profound deference and veneration.
Thorpe, a Baron of the Exchequer, and Speaker of the

men of conveyancing, and of the English language in the reign of Henry VI,
See 145 7.
Release of To alle men to whom this wrytyng shal come, Robt, Corbet, knyght, sende
Manor of gretyng in oure Lord. For asmuch as I have solde to Sir John Fortescu,
Ehringdon, knyght, in fee symple, the reuersion of the Manour of Ebryghton, in the Counte
of Gloiicestre, with the apptenaunces, to be had after the decesse of Joyes, late
the Wif of John Grevyle, Esquier, for Cli pounds, to be payed to me in certayn
fourme betweiie vs, accorded by reason of which sale I have by my dede enrolled
and subscribed with myne owne hande, graunted the same reuersion to the said
Sir John, and other named with hym, to his vse in fee by vertu of which the said
Joyes hath attourned to the said Sir John; and also I have delyuered to the
same Sir John alle the evydences whiche euer come to myne handes concernyng
the said Manour ; I wol and desire as welle the foresaid Joyes the abbot of
Wynchecombe, and alle other personnes in whos handes the said Sir John or his
heyres can wete or aspye any of the forsaid evydences to be kepte, to delyuer
the same evydences to ham, for the right and title of the reuersion of the said
Manour is now clerely, trewly, and lawefully in the said Sir John, his cofeoffees
and theyre heyres, and from me and myne heyres for euer moore, and the said
Manour, nor the reuersion therof, was neuer tayled to me, nor none of myne
Auncestres, but alway in vs bathe he possessed in fee symple, as far as euer I
coude knowe, by any evydence or by any manner, sayyng by my trouthe, Wher-
fore I charge Robt, my sone and myne heyre, his issue, and alle thos that shal be
myne heyres herafter, vppon my blessyng, that they neuer vexe, implcde, ne greve
the forsaid Sir John, his said cofeoffees, theyre heyres, nor assignees, for the for
said Manour; and if they do, knowyng this my prohibicion, I wote wel they shal
haue the curse of God, for theyre wronge and owr trouthe, and also they shal
haue my curse, Witnysyng this my wrytyng vnder my scale, and subscribed with
myne owne hande, Wreten the v day of decembr, the yere of the reigne of
Kyng Herry vi'° after the conqueste xxxv",
(L. S.) Sir RoBERD Corbet, Knyth.

SIR JOHN FORTESCUE, CHANCELLOR. 377
House of Commons, being a Lancastrian, had seized some chap.
harness and military accoutrements which belonged to the
Duke of York, who brought an action of trespass against
him In the Court of Exchequer to recover their value. The
plaintiff had a verdict, with large damages, for which the
defendant, during a recess of parliament, was arrested and
imprisoned In the Fleet. When parliament re-assembled, the
Commons were without a Speaker; and the question arose
whether Thorpe, as a member of the Lower House and
Speaker, was not now entitled to be discharged ?
The Commons had a conference on the subject with the
Lords, who called in the Judges, and asked their opinion.
" The said Lords, spiritual and temporal, not Intending to
impeach or hurt the liberties and privUeges of them that
were coming for the commerce of this land to this present
parliament, but legally after the course of law to administer
justice, and to have knowledge what the law will weigh In
that behalf, opened and declared to the Justices the premises,
and asked of them whether the said Thomas Thorpe ought to
be delivered from prison by, for, and in virtue of the privilege
of parliament or no ? " " To the whole question," says the
report, " the Chief Justice Fortescue, In the name of all the
Justices, after sad communication and mature deliberation
had amongst them, answered and said : that they ought not
to answer to that question ; for It hath not been used afore
time that the Justices should in anywise determine the privi
lege of this high court of parliament ; for it Is so high and
so mighty In its" nature, that it may make law ; and that that
is law. It may make no law ; and the determination and
knowledge of that privilege belongeth to the Lords of the
parliament and not to the Justices." *
In consequence of this decision the two Houses of parUa
ment were for many ages allowed to be the exclusive judges
of their own privileges; liberty of speech and freedom of
inquiry were vindicated by them ; the prerogatives of the
Crown were restrained and defined ; and England was saved
from sharing the fate of the monarchies on the Continent of
* Thorpe's Case, 31 Hen. 6. a. d. 1452. 13 Rep. 63. 1 HatseU, 29.
Lord Campbell's Speeches, 225.

378

REIGN OP HENRY VI.

CHAP. XXIL
Equity
lawyer.

His lite
rary merits.

His cha
racter.

His de
scendants.

Europe, In which popular assemblies were crushed by the un
resisted encroachments of the executive government.
What acquaintance Fortescue had with equity we have no
means of knowing ; but It Is clear that he was not a mere
technical lawyer, and that he was famlUar with the general
principles of jurisprudence.
As a writer, his style is not inelegant, though not free from
the barbarisms of the schools; and he displays sentiments
upon liberty and good government which are very remark
able, considering the fierce and lawless period when he
flourished. His principal treatise has been celebrated, not
only by lawyers, but such writers as Sir Walter Ealeigh, and
not only by Englishmen, but by foreign nations. " We
cannot," says ChanceUor Kent, In commenting upon it, " but
pause and admire a system of jurisprudence which In so un
cultivated a period of society cojatalned such singular and
invaluable provisions in favour of life, liberty, and property,
as those to which Fortescue referred. They were unpre
cedented in all Greek and Koman antiquity, and being pre
served in some tolerable degree of freshness and vigour amidst
the profound Ignorance and licentious spirit of the feudal ages,
they justly entitle the common law to a share of that constant
and usual eulogy which the English lawyers have always libe
rally bestowed upon their municipal Institutions." *
Notwithstanding his tardy submission to the House of
York, he Is to be praised for his consistency as a politician.
Unlike the Earl of Warwick and others, who were constantly
changing sides according to Interest or caprice, he steadily
adhered to the House of Lancaster till It had no true repre
sentative, and the national will had been strongly expressed
in favour of the legitimate heir. We must. Indeed, regret the
tyranny of Edward, who would not generously pardon him
on account of his fidelity to his former master ; but his com
pliance with the arbitrary condition imposed upon him should
be treated with lenity by those who have never been exposed
to such perils.
Lord Coke rejoiced that his descendants were flourishing In
the reign of Queen Elizabeth ; and I, rejoicing that they still

* Kent's Causes.

STATE OP THE. LAW. 379
flourish In the reign of Queen Victoria, may be permitted to chap.
express a confident hope that they will ever continue, as now,  '_
to support those liberal principles which, in the time of the
Plantagenets, were so powerfully inculcated by their illustri
ous ancestor.
We must here take a short review of the law under End of the
Henry VI.; for although, after languishing ten years as a Ij^^'S" "f
prisoner in the Tower, he was again, for a short time, placed
as a puppet on the throne, we must consider that his reign
really closed when, upon the military disasters of his party,
his queen and son went into exile, all his supporters were
either slain or submitted, and a rival sovereign was proclaimed
and recognised.
The Chancellors of this reign, particularly Cardinal Beau- Equitable '
fort, the Earl of Salisbury, Archbishop Bourchier, and Bishop oychan-"'^
Waynflete, were men of great note, and had much Influence eery during
upon the historical events of their age. Under them, assisted ]^'^" y j_
by John Frank, Master of the Rolls, the Court of Chancery
grew into new consideration. The doctrine of uses was
now established, and it was determined that they might be
enforced without going to parUament. So low down as
the 7th of Henry VI., this kind of property was so little re
garded, that we find it stated by one of the judges as " a thing
not allowed by law, and entirely void. If a man make a feoff
ment with a proviso that he himself should take the profits*; "
but In the 37th year of the same reign. In the time of
Lord Chancellor Waynflete, a feoffor " to such uses as he
should direct," having sold the land and directed the feoffees
to convey to the purchaser, it was agreed by all the judges in
the Exchequer, when consulted upon the subject, that the
Intention of the feoffor being declared in writing, the feoffees
were bound to fulfil it, and they Intimated an opinion, that
where a testator devised that his feoffees shoiUd make an estate
for life to one, remainder to another, the remainder-man
jshould have a remedy In Chancery, to compel a conveyance
to himself, even during the continuance of the life interest.f
Very soon after, the distinction between the legal and
» Y. B. 7 Hen. 6. 436. t Bro. Ab. Garde, 5.

380 . REIGN OF HENRY VL
CHAP, equitable estate was fully settled on the principles, and In the
¦^^^^' language which ever since have been appUed to it.*
Ruae state On other points, Equity remained rather In a rude plight.
of Equity. Por example, — In a subsequent case which came before Lord
Chancellor Waynflete, where the plaintiff having given a bond
In payment of certain debts which he had purchased, filed his
bill to be relieved from It, on the ground that there was no
consideration for the bond, as he could not maintain an action
to recover the debts in his own name. This case being ad
journed Into the Exchequer chamber, the Judges, instead of
suggesting that an action might be brought for the benefit of
the purchaser. In the name of the original creditor, held, that
the bond was without consideration, and advised a decree
that It should be cancelled, which the Chancellor pronounced.
An action was, nevertheless, brought upon the bond in the
Common Pleas, which prevailed, — that Court holding that the
only power the Chancellor had of enforcing his decrees, was
by inflicting Imprisonment on the contumacious party, who
might still prosecute his legal right in a court of law, notwith
standing the determination in Chancery, that the bond was
unconscionable, f To remedy this defect, Injunctions were
speedily introduced, raising a warfare between the two sides
of Westminster Hall, which was not allayed till after the
famous battle between Lord Coke and Lord EUesmere, in the
reign of James I. Bills were now filed for perpetuation of
testimony ; the examination was taken by commissioners, and
certified Into Chancery. Possession was quieted by the au
thority of the Court, and its jurisdiction was greatly extended
for the purpose of affording relief against fraud, deceit, and
force. X
* See Y. B. 4 Ed. 4. 3. t Y. B. 36 Hen. 6. 13.
^ Although there are few notices of Equity cases in the early reports, — from
the petitions and bills in Chancery extant in the Tower, we can form an adequate
notion of the subjects over which the jurisdiction was exercised. The reader
may be amused by a few specimens of these in the reign of Henry VL
Kymberley v. Goldsmith. Bill for refusing' to deliver to plaintiff a ton of
woad which defendant had sold him, and which had been paid for in wool.
[I presume the plaintiff prayed a specific performance of the contract.]
Midylton v. Cotyngham. Complaint, that defendant assaulted and attempted
to murder the plaintiff in church, and still lies in wait for him, so that he durst
not abide in the country. [Various instances occur of surety of the peace being
prayed.] Bridges v. Harvey. Bill praying the Chancellor to restrain the defendant by

STATE OF TIIE LAW. 381
oath from using the arts of witchcraft, whereby he has injured the plaintiff, from CHAP.
the latter having been attorney in a suit against the Prior of Bodmin, in whose XXII.
service the defendant is. [It would be curious to know on what affidavit the ^^^^___
application was made, and whether it was granted, and whether there was any
motion for a breach of the injunction.]
Sampson & Gage v. Creeve & Brearye. Complnint, that the defendants,
being officers of the sheriffs of London, forcibly took the plaintiffs out of the
sanctuary of St. Katherine, and confined them in the Poultry Compter. [One
would have supposed that the process of excommunication and interdict would
have been more effectual.]
Brown v. "Widow of James Lord Say. Bill to set aside the release of lands
made by duress of imprisonment to the Lord Say, who, just before he was put to
death by Jack Cade, confessed the wrong he had done, and desired his confessor
to urge his wife to make restitution. [If the suit succeeded on the evidence of
the confessor, this would be an authority for Mr. Justice BuUer hanging a
man upon a confession in extremis to his priest, whom he compelled to dis
close it.]
Piers Godard v. William Ridmynton. Bill addressed to the Master of the
RoUs, complaining that defendant had ravished his servant maid. [There is no
prayer of specific relief, nor any statement that the maid had been under the
care of the defendant, to make it a case of breach of trust.] See 1 Cooper on
Public Records, 362.
Appleton V. Aleyn and Others. Bill complaining that defendants had forcibly
taken away the daughter of the plaintiff and married her, whereby the plaintiff
lost the profit of her marriage.
Qwyncy v. Laudasdale & Hempstile. Bill complaining that defendants,.
late sheriffs of Norwich, had imprisoned and greatly oppressed the plaintiff, in
consequence of his making tallow candles with wicks of flax instead of cotton, by
desire of the poor people.
Hilton V. Pollard & Matthews. Complaint that plaintiff, at the time of Jack
Cade's rebellion, delivered certain plate for safe custody to his late servant John
Rich, who, on his death-bed, charged the defendants, his executors, to restora
the same to the plaintiff.

382

REIGN OF EDWARD IV.

CHAPTEE XXIII.

CHANCELLORS IN THE EEIGN OF EDWAED tV.

CHAP.
XXIIL
5 March,
1461, George
Neville
again Chancellor.

Nov. 1461,
A parlia
ment. Chancel
lor's speech
ou opening
session.

Edward IV. having been proclaimed king on the 5th of
March, 1461, on the 10th of the same month the Great Seal
was delivered, the second time, to George Neville, Bishop of
Exeter, who took the oaths as Chancellor.* He had been an
active leader in the tumultuary proceedings which took place
in the metropolis during the late crisis. Without calling a
parliament, first by a great public meeting In St. John's
Fields, and then by an assemblage of bishops, peers, and other
persons of distinction at Baynard's Castle, he had contrived
to give a semblance of national consent to the change of dy
nasty. The new King, after the decisive battle of Towton, in which
36,000 Englishmen were computed to have fallen, but whicii
firmly established his throne, having leisure to hold a parlia
ment. It met at Westminster In November, and was opened
In a notable oration by Lord Chancellor Neville, who took
for his theme " Bonas facite vias ; " but we are not informed
whether he exhorted them to make provision for the repair
of the highways, greatly neglected during the civil war, or to
find out ways and means to restore the dilapidated finances of
the country, or what other topics he dwelt upon. After a
Speaker had been chosen by the Commons, who, being
allowed, addressed the King, commending him for his ex
traordinary courage and conduct against his enemies, — the
Chancellor read a long declaration of the King's title to the
crown, — to which was added a recapitulation of the tyran
nous reign of Henry IV., and his heinous murdering of
Richard II. f
The required acts of attainder and restitution being passed

* Feed. xi. 473.

t 1 Pari. Hist. 419.

GEORGE NEVILj:.E, CHANCELLOR. 383
against Lancastrians and In favour of Yorkists, the King, CHAP,
according to modern fashion, closed the session with a ^^'
gracious speech, delivered by himself from the throne.*
After his Majesty had ended his speech, the record tells us
that " the Lord Chancellor stood up and declared, that since
the whole business of this parliament was not yet concluded,
and the approaching festival of Christmas would obstruct it,
he therefore, by the King's command, prorogued the parlia
ment to the 6th of May next ensuing. At the same time
he told them of certain proclamations which the King had
Issued against badges, liveries, robberies, and murders, and
which " the Bishops, Lords, and Commons promised to
obey." t
NevUle was made Archbishop of York, and continued to -^"^'.^
hold the office of Chancellor till the 8th of June, 1467,; but wearing
I do not find any transaction of much consequence in which P'ked shoes.
he was afterwards engaged. The parliaments called were
chiefly employed in reforming the extravagant fashion pre
vailing among the people of adorning their feet by wearing
pikes to their shoes, so long as to encumber them In their
walking, unless tied up to the knee with chains of gold,
silver, or silk. There was a great outcry against these enor
mities, and this appears to have operated as a diversion In
favour of the Court of Chancery, which now enjoyed a long
respite from parliamentary attack. Several statutes were
passed, regulating the length of pikes of shoes, under very
severe penalties ; but the fame of reformers is generally
short-lived, and I cannot affirm that the Lord Chancellor
gained any distinction by bringing forward or supporting
these measures.
In 1463 the pleasing and novel task was assigned to Lord
Chancellor Neville, of announcing to the Commons that, from
the flourishing state of the royal revenue, the King released
to them parcel of the grant of a former session.
* A little specimen of the language and style may be interesting. " James
Stranways and ye that be comyn for the common of this my lond, for the true
hertes and tender consideracions that ye have had unto the coronne of this
reame, the which from us have been long time withholde." 1 Pari. Hist. 419.
t 1 Pari. Hist. 422.

384

REIGN OF EDWARD IV.

CHAP.
XXIIL
Chancellor
abroad on
an embassy.

March, 1464.
Edward's
rupturewith Ne
villes.

Neville
dismissed
from office
of Chan
cellor.

For several months In the autumn of this year he was
abroad, on an embassy to remonstrate against the counte
nance given to Lancastrians at foreign courts ; and during
his absence the Great Seal was in the custody of Kirkham,
the Master of the EoUs.*
On the 10th of April, 1464, the Chancellor being about to
leave London for Newcastle on public business, the Great
Seal was again intrusted to the Master of the Rolls, who was
directed by writ of privy seal to keep it till the Mth of
May, and on that day to deUver It to Richard Fryston and
William Moreland, to be conveyed to the Chancellor. They
accordingly delivered It back to the Chancellor at York, on
his return to London.
Things went on very smoothly for several years, till the
quarrel of Edward IV. with the house of Neville, arising out
of his marriage with the fair widow, the Lady Grey, while the
Earl of Warwick, by his authority, was employed in nego
tiating an alliance between him and the Lady Bona of
Savoy. The rupture was soon widened by the new Queen,
who, regarding the Nevilles as her mortal enemies, was
eager to depress them, and to aggrandise her own kindred.
In consequence, George Neville was dismissed from the
office of Lord Chancellor. On the 8th of June, 1467, the
King abruptly demanded the Great Seal from him, and gave
It to John de Audley to carry to the palace. The next day
it was delivered to the Master of the Rolls, without any
Chancellor over him, but with a declaration, " that he was
not to use It except in the presence of the Earl of Essex,
Lord Hastings, Sir John Fagge, and Sir John Scotte, or of
one of them; and after each day's seaUng, it was to be put
into a bag, which was to be sealed with those who were present
at the sealing, and the Master of the Rolls was every day,
before night, to deliver the seal so enclosed to one of the
persons above mentioned, and to receive it again the next
morning, to be used in the manner here reclted.f

* Rot. Cl. 4 Ed. 4.
t Rot. Cl, 7 Ed. 4. ra. 12. It had not been unusual to impose such
restrictions on persons holding the seal without being Chancellor, but the Chan
cellor always had the unlimited use of it, upon his responsibility to the King
and to Parliament.

ROBERT STILLINGTON, CHANCELLOR. ,385
The ruUng party had not determined who should be the chap.
new Chancellor when Neville was dismissed, and an interval of ^^^^¦^-
ten days elapsed before the choice was made — employed no
doubt In Intrigues among the Queen's friends, from whom he
was to be selected. At last, on the 20th of June, it was June 20.
announced that Robert Stillington, Bishop of Bath and ^^^3^^^^
Wells, was appointed Chancellor, and the Great Seal was Stilling-
deUvered to him.* ceU;,?^'""
But before entering on his history, we must take a final
leave of Ex-chanceUor Neville. He now harboured the deep
est resentment against Edward, and entered into all the cabals
of his brother the " King-maker," who was secretly leagued
with Queen Margaret and the Lancastrians, and wished to
unmake the king he had made.
Both brothers, however, attempted to conceal their wishes Subsequent
and designs, and at times pretended great devotion for the ^^^^'^ °^
c\ • T 1 ^,C T-1 T T • . Ex-chan-
reignmg bovereign. In 1469, Edward, m a progress passing cellor
through York, was invited by the Archbishop, his Ex-chan- ^^""«'
cellor, to a great feast at the archiepiscopal palace. He
accepted the invitation ; but as he sat at table he perceived
symptoms which suddenly induced him to suspect that the
Archbishop's retainers Intended to seize his person, or to
murder him. He abruptly left the entertainment, called for
his guards, and retreated.
When in the following year the civil war was openly re- a. d. 1470.
newed, and the Earl of Warwick, by one of the most sudden
revolutions in history, was complete master of the kingdom,
it Is said that Edward was for a time in the custody of the
Archbishop, who, however, used him with great respect, not
restraining him from the diversions of hunting and walking
abroad, by which means Edward made his escape, and soon
after recovered his crown. Upon the counter-revolution, the a. d. 1471.
Archbishop was surprised in his palace at Whitehall, and sent
to the Tower ; but on account of his sacred character was
soon after set at liberty, although he had been repeatedly
guilty of high treason, by Imagining the King's death, and
levying war against him In his realm. Being detected in new a. d. 1472. ^
* Rot. Cl. 7 Ed. 4. m. 12.
VOL. I. C C

386

REIGN OF EDWARD IV.

CHAP.
XXIII.

His death.

Character
of Robert
Stillington.His origin.

A.D. 1467.
.His speech
at proroga
tion of par
liament.

His speech
on opening
next ses-

plots, about a year after his enlargement, the King again
caused him to be arrested on a charge of high treason, seized
his plate, money, and furniture, to the value of 20,000Z.,
and sent him over to Calais, then often used as a state prison.
There he was kept in strict confinement tlU the year 1476,
when on the score of his declining health he was liberated,
and he died soon after. During the seven years he held the
Great Seal, I do not find any charge against bim of partiality
or corruption ; and his sudden changes In politics, and the vio
lence with which he acted against his opponents, must be con
sidered rather as characteristic of the age In which he lived,
than bringing any great reproach upon his personal character.
Robert Stillington, his successor, had the rare merit
of being always true to the party which he originally es
poused. He appears to have been of humble origin, but he
gained a great name at Oxford, where with much applause
he took the degree of Doctor of Laws. He was a zealous
legitimist, and on the succession of Edward IV. he was a
special favourite with that Prince, who successively made
him Archdeacon of Taunton, Bishop of Bath and Wells,
Keeper of the Privy Seal, and finaUy Lord Chancellor. He
held this office for six years, with the exception of the few
months when Edward was obliged to fly the kingdom, and
the sceptre was again put into the feeble hand of Henry VI.
He had been appointed during a session of Parliament.
This was brought to a close on the 5th of July, when It is
stated, that having In the presence of the King, Lords, and
Commons, first answered certain petitions from the lower
House, he thanked them in the King's name for the Statute
of Resumption which they had passed, — told them that
the King had provided for Calais, and had taken care for
Ireland and Wales, — and assured them that his Majesty
desired there might be a due execution of the laws in all his
dominions. After which, in the King's name, he prorogued
the parliament.*
At the opening of the following session. In May, 1468, Lord
ChanceUor StIUington, departing from the custom of deli-

* 1 Pari, Hist, 426.

ROBERT STILLINGTON, CHANCELLOR. 387
vering a quaint discourse from a text of Scripture, with chap.
infinite divisions and subdivisions, delivered a very eloquent ^^^'^^-
and statesmanlike speech, which made a deep impression, if
we may judge from the liberal supplies which were voted.
After some observations In praise of the government of
England by King, Lords, and Commons, "he then put them
in mind In what poor estate the King found the crown;
despoUed of the due Inheritance ; wasted In Its treasures ; the
laws wrecked ; and the whole by the usurpation in a manner
subverted. Add to this the loss , of the crown of France ;
the- Duchies of Normandy, Gascolgny, and Gulenne, the
ancient patrimony of the crown of England, lost also ; and
further he found it involved in a war with Denmark, Spain,
Scotland, Brittany, and other parts, and even with their old
enemy of France. Then, descending, he told them that the
King had appeased all tumults within the realm, and planted
such Inward peace that law and justice might be extended.
That the King had made peace with Scotland ; that the Lord
Wenters was negotiating a league with Spain and Denmark,
so as to open a free commerce with those countries. But
what was still the greatest, he had allied himself to the
Dukes of Burgundy and Brittany, two most powerful princes
In such sort as they had given the King the strongest as
surance of acting vlgo'tously against France for the recovering
of that kingdom and other the King's patrimonies ; of which,
since they made little doubt, the King thought fit not to omit
such an opportunity, and such a ^|^fc never happened before.
And that his Majesty might see tms kingdom as glorious as
any of his predecessors did, he was ready to adventure his
own person in so just a cause. Lastly, he told them that the
King had called this parliament to make them acquainted with
these matters, and to desire their advice and assistance." *
The announcement of a French war was a certain mode of
opening the purse-strings of the nation ; a large subsidy of
two tenths and two fifteenths was immediately granted, and
a renewal of the glories of Cressy, Poictiers, and Agincourt
was confidently anticipated. » 1 Pari. Hist. 427.
c c 2

388 REIGN OF EDWARD IV.
CHAP. But these visions were soon dispelled by the landing of the
¦ Earl of Warwick, now the leader of the Lancastrians, with

Invasion *^® avowcd object of rcscuIng Henry from the Tower, where
by Earl of he himself had imprisoned him, and replacing him on the
¦ throne from which he had pulled him down as an usurper.
" The scene which ensues," says Hume, " resembles more the
fiction of a poem or romance than an event In true history.'-'
It may be compared to nothing more aptly than the return
Sept. 1470. of Napoleon from Elba. In eleven^days from Warwick's
restored. landing at Dartmouth, — without fighting a battle, Henry was
again set at liberty and proclaimed king, and Edward was
flying In disguise to find a refuge beyond the seas.
" The hun- The Lord Chancellor Stillington certainly did not submit
o^t^b*^^' to the new government;, but I cannot find whether he fol-
1470, lowed Edward into exile, or where he resided during " the
hundred days." Most of the leading Yorkists fled to the
Continent, or took to sanctuary, like the Queen — who, shut
up in Westminster Abbey, while assaUed by the cries of the
Lancastrians, was delivered of her son, afterwards Edward V.,
murdered by his inhuman uncle. StIUington probably relied
for safety on his sacred character, and retired to his see.
A new Chancellor must have been appointed, as a par
liament was caUed and the government was regularly con
ducted in Henry's name, this being now styled " the 49th
year" of his reign; but there is no trace of the name of any
one who was intrusted, with the Great Seal till after the
restoration of Edward Iflp^
It is chiefly on the publfc Records that we ought to rely for
the events of those times, and as soon as Edward was again on
the throne, the records of all the transactions which had taken
place during his exile were vacated and destroyed. " There
is no part of EngUsh history since the Conquest so uncertain,
so little authentic or consistent, as that of the wars between
the two Roses ; and It is remarkable that this profound dark
ness faUs upon us just on the eve of the restoration of letters,
and when the art of printing was already known in Europe.
All that we can distinguish with certainty through the deep
cloud which covers that period, Is a scene of horror and blood-

ROBERT STILLINGTON, CHANCELLOR. 389
shed, savage manners, arbitrary executions, and treacherous, chap,
dishonourable conduct in aU parties."* xxiil.
Thus we shaU never know who was the ChanceUor that Doubtful
stated the causes for caUing, in the name of Henry VL, the ^'^o was
parliament which met at Westminster on the 26th of Novem- on restora-
ber, 1470, — when Edward IV. was declared a traitor and ^°"°*'^,,
usurper of the Crown, — all his lands and goods were con
fiscated, — aU the statutes made by him were repealed, —
all his principal adherents were attainted, — and sentence of
death was passed on the accomplished Tiptoft, Earl of Wor
cester, though, struck with the first rays of true science, he
had been zealous by his exhortation and example to pro
pagate the love of polite learning among his unpolished coun
trymen, f The strong probabiUty Is, that George NevlUe,
King-maker Warwick's brother, at this time had the Great
Seal restored to him, and took the oaths as ChanceUor to
King Henry VI.
But Edward soon returned to recover his lost authority, a. d. 147L
and to wreak vengeance on his enemies ; the battles of Barnet jv.Te-
and Tewkesbury were fought; the Earl of Warwick feU; stored.
Edward the Prince of Wales was assassinated ; and the un
happy Henry, " after life's fitful fever slept well," — whether Death of
relieved from his sufferings by the pitying hand of nature, or ^^"^y ^^•
by the " weeping sword" of the Inhuman Gloucester.
When King Edward had gone through the ceremony of Stillington
being re-crowned, we find Stillington In possession of the afanceUor.
Seal as Chancellor. There is no entry In the records of Its
being again delivered to him, and he was probably considered
as holding it under his original appointment.
A parUament was soon afterwards called, which was opened
and prorogued by a speech from the ChanceUor, but at which
nothing memorable occurred. The late parliament held In
the name of Henry VI. was not then even recognised so far
as that Its acts were repealed, and the course was adopted as
preferable of obUterating all rolls recording its proceedings.
Had things so remained, it would have been difficult for
* Hume. t 1 I'arl. Hist, 428.
c c 3

390

REIGN OF EDWARD IV.

CHAP.
XXIIL
Illness and
resignation of Chan
cellor.

Ex-chan-
cellor goes
on an em
bassy.

Quaere,
Whether
he assisted
in usurpa
tion of
Richard
IIL?

Imprisoned
by Henry
VIL for

lawyers to determine whether a statute then passed Is now
law. I find nothing more related respecting StIUington while
he continued ChanceUor. He ceased to hold the office, not
from having lost the favour of his master, but from having
fallen into ill health, which incapacitated him from performing
Its duties. Being very unwell, on the 20th of September,
1472, John Alcoek, Bishop of Rochester, himself afterwards
Chancellor in the reign of Henry VIL, was appointed to
keep the Seal untU the ChanceUor should become conva
lescent ; and on the 8th of June, 1473, being stiU unable to
attend to business, he resigned his office. *
Leisure and freedom from anxiety soon restored his health.
He would not again resume judicial duties, but he was stUl
zealous to serve . his royal patron, and he went upon an em
bassy to the Duke of Brittany, to persuade that prince to give
up the Earl of Richmond, who was considered heir of the
Lancastrian family, and was afterwards King of England
under the title of Henry VII. StIUington left nothing
unessayed to accomplish his object, but was obliged to return
without success.
A stain has been cast upon his memory by the imputa
tion that he was privy to the crimes by which Richard III.
mounted the throne. To show the invalidity of his brother's
marriage with the Lady Jane Grey, Richard asserted that
Edward, before espousing her, had paid court to the Lady
Eleanor Talbot, daughter of the Earl of Shrewsbury, and
being repulsed by the virtue of that lady, he was obliged, be
fore he could gratify his passion, to consent to a private
marriage, which was celebrated by StIUington, Bishop of
Bath and Wells ; but the Bishop never confirmed this story,
and although he was one of the supporters of the usurper at
his coronation, there Is no proof that he assisted In bastardising
the issue of his benefactor, much less in their murder, f
Henry VII. being crowned king, StIUington showed his
never-dying enmity to the House of Lancaster, by taking

* Rot. Cl. 12 Ed. 4. m. 11.
f See Horace Walpole's Historic Doubts.

LAWRENCE BOOTH, CHANCELLOE. 391
up the cause of Lambert Simnel, the pretended heir of the chap.
House of York. Being detected in this conspiracy, the 
King, who had naturaUy a particular spite against him, re- taking part
solved to show him no mercy. The Ex-chanceUor endea- ^^'th Lam-
voured to conceal himself at Oxford, but the University nel.
agreed that he should be delivered up on an understanding
that his life should be spared. He was conducted to Windsor,
where he remained a prisoner till his death. In June, 1491. His death.
On StIUington's resignation of the Great Seal, it was a.d. 1473.
placed in the hands of the Master of the RoUs, who kept it ^^^^
tiU the 23d of June, on which day, by the King's command, chieb, Earl
he deUvered It to Henry Bourchier, Earl of Essex. This Keeperof
stout Earl was Lord Keeper only for one month, but as he Great Seal.
held the Great Seal during all Trinity Term in his own
right for all purposes, and must for a time, though short,
have transacted the business belonging to the office, judicial
as well as political, — according to the plan of this work
some account ought to be given of him.
He was a brother of Archbishop Bourchier, and so de- His family.
scended from the Earls of Eu, in Normandy, and of Essex,
In England, and nearly related to the royal family.
He had been bred a soldier, and like many others, he had Bred a
changed sides In the late wars as suited his Interest. He ^° '®''
was now high In the confidence of Edward IV. and at mortal
enmity with aU Lancastrians.
We have no Information respecting his performances as Hisresig-
Lord Keeper, but he must have found his seat In the marble
chair very uncomfortable, for, without any difference with
the King, he resigned it on the 27th of July, and was then Knight of
made a Knight of the Garter. He died in 1483. *^ <^"*«''-
On his resignation, the Great Seal was delivered to Law- Lawrence
rencb Booth, Bishop of Durham, with the title of Chan- Bishop of
cellor.* n^'^^"^;
• n • TT J- J Chancellor.
He had risen by merit from obscurity. He studied at
Cambridge, where he gained great distinction for his pro
ficiency in literature, law, and divinity. While stUl a young
man he was elected head of his house and Chancellor of that
* Rot. Cl. 13 Ed. 4.
c c 4

392

REIGN OF EDWARD IV.

CHAP. XXIIL
His rise.

His incom
petency.

He is dis
missed.

University. In 1457 he was made Bishop of Durham, while
Henry VI. was nominally King, but under the Influence of
the Yorkists, to whom he continued steadily attached. It
seems strange to us that an individual, who for sixteen years
had been occupied In superintending a remote diocese, should
In his old age be selected to fill the office of Lord ChanceUor,
now become one of great Importance in the administration of
justice ; but there were, no doubt, political reasons for the
appointment, and the interests of the suitors were not much
regarded. It Is possible that the Bishop might have been
thought capable of sUencing a noisy opponent In parliament,
or that he was of that moderate, decent, unalarming character,
which so often leads to promotion.
His appointment turned out a great faUure. He was
equally inefficient in the Court of Chancery and in parlia
ment. Except that he did not take bribes, he had every bad
quality of a judge, and heavy complaints arose from his va-
ciUation and delays. While he presided on the wool-sack In
the House of Lords, he never ventured to open his mouth,
unless In the formal addresses which he deUvered by the
King's command at the commencement and close of the
session, and these were so bad as to cause general dissatis
faction. On the 1st of February, 1474, he summoned the
Commons to the Upper House, and told them "that they
were then assembled to consult which way the King might
proceed In the wars ; but because his Majesty had yet heard
nothing from his brother, the Duke of Burgundy, relating
to that affair, whereon much depended. It was the King's
command that this parliament should be prorogued to the
9th of May ensuing."*
When the two Houses again met, his Incompetency became
more glaring, and it was found that he had not the requisite
skill, by eloquence or management, to carry the measures of
the Court, or to obtain the supplies. He was accordingly
dismissed from the office of Chancellor. To console him, he
was soon after translated from Durham to York. He died
after having quietly presided over this province between

* 1 Pari. Hist. 432.

THOMAS ROTHERAM, CHANCELLOR. 393
three and four years, during which time, abandoning politics, chap.
he exclusively confined himself to his spiritual duties. *

There is no record of the delivery of the Great Seal to rothebam,
Rotheram, his distinguished successor ; but we know from Pishop of
the Privy Seal Bills extant, that he was Chancellor In the Chancellor.
end of February, 1475.-1- Although he held the Great Seal
only for a short time on this occasion. It was afterwards re
stored to him, and he acted a most conspicuous part In the
troubles which ensued on the death of Edward IV.
He owed his elevation to his own merits. His famUy name
was Scot, unUlustrated in England at that time, and instead of
it, he assumed the name of the town in the West Riding of
Yorkshire In which he was born. J He studied at King's
College, Cambridge, and was one of the earliest fellows on
this royal foundation which has since produced so many dis
tinguished men. § He was afterwards Master of Pembroke
Hall, and Chancellor of this University. For his learning
and piety he was at an early age selected to be chaplain to
Vere, thirteenth Earl of Oxford, and he was then taken into
the service of Edward IV. Being a steady Yorkist, he was
made Bishop of Rochester In 1467, and translated to Lin
coln in 1471. To finish the notice of his ecclesiastical dig
nities, I may mention here that. In 1480, he became Arch
bishop of York, and that he received a red hat from the
Pope with the title of Cardinal Stm Cicili^. ||
Soon after his elevation to the office of Chancellor he was ^ parUa-
11 1 . p .. f. ¦ . ment, June
called to open a session of parUament after a prorogation, e. 1475.
and by holding out the prospect of a French war he con
trived to obtain suppUes of unexampled amount. In the
beginning of the following year he passed a great number of
• Privy Seal BiUs, 14 Ed. 4. t L. C. 56.
^ We are not to suppose from this that he was ashamed of his descent.
Edward I., to introduce surnames, still rare, and to give variety to them, had
directed that people might take as a name the place of their birth. Even
^princes of the blood were called by the place of their birth, as " Harry of Mon
mouth," " John of Gaunt," " Thomas of Woodstock," &c. Priests being mortui
sceculo, very frequently relinquished their family names on their ordination.
§ 'Three Chancellors, — Rotheram. Goodrich, and Camden, and many most
eminent lawyers, — as Chief Justice Sir James Mansfield, Chief Justice Sir
Vicary Gibbs, Mr, Justice Patteson, Mr, Justice Dampier, and his son, the
present Judge of the Stannary Court,
II Fuller's Worthies, 214, Godwin WUlis, 42. Wood's Ath. i. 147,

394 - REIGN OP EDWARD IV.
CHAP, bills of attainder and restitution, with a view to the perma-
^^^^^- nent depression of the Lancastrians. On the Mth of March,

A. D. 1476. ^J tlie King's command, he returned thanks to the three
estates, and dissolved the parliament, which had lasted near
Length of two years and a half * Since the beginning of parliaments
in earl^™ ^ no One had enjoyed an existence nearly so long. Formerly
times. there was a new parliament every session, and the session did
not last many days. But as the power of the House of
Commons increased, it was found of great importance to have
a majority attached to the ruling faction, and disposed to
grant liberal supplies. When such a House was elected there
was a reluctance to part with it, and prorogations were gra
dually substituted for dissolutions; but the keeping of the
same parliament in existence above a year was considered a
great Innovation. At common law, however, the demise of
the Crown was the only Umit to the duration of parliaments,
— which accounts for the first parliament of Charles II.
having lasted eighteen years, and there being sometimes no
dissolution of the Irish parUament during a long reign.
Characters The hlstory of Croyland points It out as something very
ChanceUors remarkable, that during this parliament of Edward IV. no
who pre- less than three several Lord Chancellors presided. " The
parliament, first," adds that authority, " was Robert StIUington, Bishop
of Bath, who did nothing but by the advice of bis disciple,
John Alcock, Bishop of Worcester ; the next was Lawrence
Booth, Bishop of Durham, who tired himself with doing just
nothing at all ; and the third was Thomas Rotheram, Bishop
of Lincoln, who did all, and brought every thing to a happy
conclusion."
John'Al- Although Rotheram had given such satisfaction as Chan-
Chanceiior cellor, — ^ on the 27th of April, 1476, John Alcock, who had
been formerly keeper of the Great Seal under Stillington,
was sworn In ChanceUor, and held the office till the 28th of
A. n. 1476. September following, when Rotheram was reinstated In It.f
restored. ^^ have no certain Information respecting the cause of this
discontinuance, or how he employed himself in the Interval ;
but there Is a strong probability that he accompanied the
• 1 Pari. Hist. 433. f Privy Seal BiUs, 15 Ed. 4.

a short
time.

THOMAS ROTHERAM, CHANCELLOR. 395
King In his inglorious expedition to claim the crown of CHAP.
France, which ended in the peace of Pecqulgnl, and that the ^^m-
negotiations with the Duke of Burgundy and Louis XI. were
chiefly Intrusted to him.
He continued ChanceUor and chief adviser of the CroAvn
during the remainder of this reign. Edward, Immersed in
pleasure and indulging in indolence, unless excited by some
great peril, when he could display signal energy as weU as
courage, — threw upon his minister all the common cares of
government. A parUament met at Westminster In January, 1477, when a. „. 1477.
Lord Chancellor Rotheram, In the presence of the King, Chancel-
lor s succcli
Lords and Commons, In the Painted Chamber, declared the to pariia-
cause of the summons from this text, " Dominus regit me et ™^"'"
nihil mihi deerit;" upon which he largely treated of the
obedience which subjects owe to their Prince, and showed,
by many examples out of the Old and New Testament, what
grievous plagues had 'happened to the rebellious and dis
obedient, particularly that saying of St. Paul, Non sine causa
Rex gladium portat. He added, that " the Majesty of the
King was upheld by the hand and counsel of God, by which
he was advanced to the throne of his ancestors." *
Lord Chancellor Rotheram now found It convenient to pass
an act repealing aU the statutes, and nullifying aU the pro
ceedings of the parliament which sat during the 100 days,
" aUeged to have been held In the 49th year of Hen. VL,
but which," It was said, " was truly the 9th of Ed. IV." He
then obtained great popularity by an act showing the dIsUke
to Irishmen, which stIU lingers in England, and whichijiwith statute
little mitigation, was long handed down from generation to j^^V"^*
generation, — " to oblige aU Irishmen born, or coming of Irish
parents, who reside in England, either to .repair to and remain
in Ireland, or else to pay yearly a certain sum there rated
for the defence of the same." We fear this was not meant
as an absentee tax for the benefit of Ireland, but was. In re
ality, an oppressive levy on obnoxious aliens, such as was
Imposed on the Jews tiU they were finaUy banished from the
realm. * 1 Pari. Hist 434.

396

REIGN OF EDWARD IV.

CHAP.
XXIIL
January, 1477. Dis
putes be
tween King
and Clar-

Feb. 1478.

" Statute
of Ker
queue. "f

A. n. 1483.
Death of
Edward IV.

Now began the fatal dissensions In the royal family which
led to the destruction of the House of York, and the extinc
tion of the name of Plantagenet. There is reason to think
that the Chancellor did aU that was possible to heal the dis
pute between the King and his brother, the Duke of Clarence.
When the trial for treason came on in the House of Lords,
the Duke of Buckingham presided as Lord Steward, and the
King appearing personaUy as accuser, the field was left to
the two brothers ; " no one charging Clarence but the King,
and no one answering the King but Clarence."* According
to the universal usage, the Bill of Attainder passed both
Houses unanimously; but the Chancellor, as a churchman,
could not vote in this affair of blood. We may suppose that
it was at the merciful suggestion of " the Keeper of his con
science," that the King was so far softened as to give his
brother the choice of the mode of dying, and consented to
his being drowned In a butt of his favourite malmsey.
On the 20th of January, 1482, the Chancellor opened
Edward's last parliament with a speech froin the text,
Dominus illuminatio mea et solus mea ; but we are not told
on what topics he enlarged ; and nothing was brought for
ward during the session except a code or consolidation of the
laws touching " excess of apparel," with a new enactment,
" that none under the degree of a Lord shaU wear any mantle,
unless it be of such a length that a man standing upright,
il lui voilera la queue f ;" — so that, instead of appearing In
flowing robes, and with a long train, the privilege of the no
bility now was to show the contour of their person to the
mul#ude. In " Cotton's Abridgement " Is to be found a list of the
peers summoned to attend another parliament at Westminster
in the beginning of the following year ; but there are no pro
ceedings of such a parliament on record, and, if summoned, it
was probably prevented from meeting by the last sickness
and death of the King, which happened on the 9th of April,
1483, in the forty-second year of his age and the twenty-
third of his reign.
* 1 Pari. Hist. 435.
f This word is of the same etymology as " kerchef," — head-covering.
J Translated in the statute book, " it shall cover his buttocks." 22 Ed. 4. c. 1.

THOMAS ROTHER.\M, CHANCELLOR. 397
There are to be found in the Year Books and Abridge- chap.
XXIll
ments various cases decided by the ChanceUors of Edward IV.,

showing that their equitable jurisdiction still required much Decision of
to be improved and strengthened. Lord ChanceUor Rotheram ^°''^ ^han-
. ° . ni' TxTi •! cellor Ro-
was considered the greatest equity lawyer of the age. While theram.
he held the Great Seal, a bill was filed by a person who had
entered into a statute merchant (that is, had acknowledged
before the mayor of a town that he owed a sum of money),
who had paid the debt without taking a written discharge,
and who was afterwards sued at law for the amount. The
question was, whether he should have relief? The Chan
cellor, having great doubt, called in the assistance of the
Judges In the Exchequer Chamb,er, — where, after much ar
gument, he pronounced that a statute merchant, being matter
of record, no relief could be given, though it would have
been otherwise in the case of a bond. And he decreed
accordingly.* But it is not to be wondered at that he proceeded warily. Attempts
and that he stood in awe of the common-law Judges ; for j^^ judges
they appear to have formed a combination against him. In agamst m-
1 • 1-111 1 • 1 1 1 1 1 junctions.
the same year in which the last case was decided, he had
granted an injunction after verdict in a case depending in
the Court of King's Bench, on the ground that the verdict
had been fraudulently obtained. Hussey, the Lord Chief
Justice, who had probably presided at the trial, was very in
dignant, and asked the counsel for the plaintiff if they would
pray judgment according to the verdict ; but they declared
their dread of Infringing the injunction. One of the puisne
Judges argued, that though the party himself against whom
the injunction was directed might be bound by it, his counsel
or attorney might pray judgment with safety. But this dis
tinction being over-ruled, the Lord Chief Justice said they
had talked over the matter among themselves, and they saw
no mischief that could ensue to the party if he prayed judg-
ftient, for the pecuniary penalty mentioned In the Injunction
was not leviable by law, so that there remained nothing but
* Y. B. 22 Ed. 4. 6.

398 REIGN OF EDWARD IV.
CHAP. Imprisonment; and as to that he said, "If the Chancellor
•^^^^^" commits any one to the Fleet, apply to us for a habeas

corpus, and upon the return to It we will discharge the pri
soner, and we wiU do all to assist you." To avoid the Im
pending collision, another puisne Judge said he would go to
the Chancellor, and ask him to dissolve the Injunction ; but
they all stoutly declared that if the Injunction were continued,
they would nothlngtheless give judgment and award execu
tion, — taking much credit to themselves for their moderation
In refusing damages for the loss occasioned by the proceedings
In Chancery.*
Jurisdic- Yet the equitable jurisdiction of the Court of Chancery
bUshedover ^^7 ^^ Considered as making its greatest advance in this
trusts. reign. The point was now settled, that there being a feoff
ment to uses, the cestui que use, or person beneficially en
titled, could maintain no action at law, the Judges saying
that he had neither jus in re nor jus ad rem, and that their
forms could not be moulded so as to afford him any effectual
relief, either as to the land or the profits. The Chancellors,
therefore, with general applause, declared that they would
proceed by subpcena against the feoffee to compel him to
perform a duty which In conscience was binding upon him,
and gradually extended the remedy against his heir and
against his alienee with notice of the trust, although they
held, as their successors have done, that the purchaser of the
legal estate for valuable consideration without notice might
retain the land for his own benefit.f They therefore now
freely made decrees requiring the trustee to convey accord
ing to the directions of the cestui que trust, or person bene
ficially interested; and the most important branch of the
equitable jurisdiction of the Court over trusts was firmly and
irrevocably established.
A written statement of the supposed grievance being re
quired to be filed before the issuing of the subpoena, with
security to pay damages and costs, — bUls now acquired form,
and the distinction arose between the proceeding by bill and
* Y. B. 22 Ed. 4. 37.
t See Bro. Feoff, al. Uses, pi. 45, Saunders on Uses, p. 20.

STATE OP THE LAW. 399
by petition. The same regularity was observed in the sub- CHAP.
sequent stages of the suit. Whereas formerly the defendant  '.

was generally examined viva voce when he appeared in obe
dience to the subpcena, the practice now was to put in a
written answer, commencing with a protestation against the
truth or sufficiency of the matters contained In the bill,
stating the facts relied upon by the defendant, and con
cluding with a prayer that he may be dismissed, with his
costs. There were likewise, for the purpose of introducing new Equity
facts, special repUcations and rejoinders, which continued till pleading.
the reign of Elizabeth, but which have been rendered unne
cessary by the more modern practice of amending the bill
and answer. Pleas and demurrers now appear. Although
the pleadings were In English, the decrees on the bill con
tinued to be in Latin down to the reign of Henry VIIL*
BiUs to perpetuate testimony, to set out metes and bounds,
and for Injunctions against proceedings at law, and to stay
waste, became frequent, f
The common-law judges at this time were very bold men,
having of their own authority repealed the statute De Donis,
passed in the reign of Edward I., which authorised the
perpetual entail of land, — by deciding, in Taltarum's case |,
that the entail might be barred through a fictitious proceed
ing In the Court of Common Pleas, called a " Common Reco
very ; " — the estate being adjudged to a sham claimant, — a
sham equivalent being given to those who ought to succeed to
it, — and the tenant In tail being enabled to dispose of It as he
pleases, in spite of the will of the donor. One of these
judges was Littleton, the author of the Treatise on Tenures,
a work of higher authority than any other In the law of
England. Fortescue is the only Individual In the list of
ChanceUors who wrote in this reign, and his Dialogue " De
Laudibus " was not published tUl long after. §
* They were now sometimes expressed to be " habita deliberatione cum jus-
tioiariis et aliis de dicti Domini Regis concilio peritis ad hoc evocatis et ibidem
tunc praesentibus."
t See Calendar, and Reports of Record Commissioners, Temp. Ed. 4.
j 12 Ed. 4.
§ The general principles on which the equity jurisdiction of the Court of
Chancery was exercised in the time of Edward IV., may be favourably judged

400

REIGN OF EDWARD IV.

xxin •"¦^ *^® ^^^ " Abridgements of the Law " there are various
"'_. decisions of Edward IV. 's Chancellors referred to under the
heads "Conscience," "Subpcena," and "Injunctions," — the
only prior ones being a few in the time of Henry VI. ; but
they show equity to have been still In the rudest state, with
out systematic rules or principles.
from the instructions to Kirkeham when made Master of the Rolls, " The
King willed and commanded there and thanne, that all manere maters, to be
examyned and discussed in the Court of Chauncery, should be directed and de
termined aocordyng to equite and conscience, and to the old cours and laudable
custume of the same Court, so that if in any such maters any difficultie or ques
tion of lawe happen to ryse, that he herein take th' advis and counsel of sume
of the Kynge's Justices ; so that right and justice may be duely ministered to
every man."' This document, which must have been framed under the directions
of Lord Chancellor Neville, shows that there was then a great anxiety to keep
equity in subjection to the common law ; that it was usual to call in the assist
ance of the common-law judges when any point of difficulty arose in the Court
of Chancery ; and that this privilege then belonged to the Master of the Rolls,
as well as to the Lord Chancellor himself.

' Cl. Rol. 7 Ed. 4,

JOHN RUSSELL, CHANCELLOK, 401

CHAPTER XXIV.

CHANCELLORS DURING THE KBIGNS OF EDWAED V. AND
RICHAED ni.

Before Edward IV. was laid In his grave, disputes began chap,
between the Queen's family and the Duke of Gloucester, her xxiv.
brother-in-law, who from the first claimed the office of Pro- TTT.
tector, and soon resolved at all hazards to seize the crown. 1483. Dis-
Lord Chancellor Rotheram sided with the Queen, and when F"*''^ ^f
^^ ^ tween the
with her daughters and her younger son she had taken Duke of
sanctuary within the precincts of the Abbey at Westminster, and'the^*^'^
where on a former distress during the short restoration of Queen.
Henry VI. she had been delivered of the Prince of Wales,
he interfered in his sacred character of Archbishop to prevent
her and the objects of her affection from being forcibly laid
hold of by Richard, who contended that the ecclesiastical
privilege of sanctuary did not apply to them, as It was ori
ginally Intended only to give protection to unhappy men
persecuted for their debts or crimes. A messenger came
from Richard to Rotheram, to assure him " that there was no
sort of danger to the Queen, the young King, or the royal
issue, and that all should be well " ; to which he replied, —
" Be it as well as it will, I assure him It will never be as Rotheram
weU as we have seen it." Being at a loss how to dispose of the^Great^
the Great Seal, which he no longer had a right to use, he Seal,
went to the Queen and unadvisedly delivered It up to her,
who certainly could have no right to receive it ; but re
penting his mistake, he soon sent for It back, and it was
restored to him.
Rotheram has escaped all suspicion of being knowingly
impUcated In the criminal projects of Richard ; but he was
unfortunately made the instrument of materially aiding them.
The Queen stUl resisted all the importunities and threats
VOL. I. D D

402 reign op EDWARD V.
CHAP, used to get possession from her of the infant Duke of York,
 '_ observing " that, by living in sanctuary, he was not only

secure himself, but gave security to his brother, the King,
whose life no one would dare to aim at, while his successor
and avenger remained in safety."
PrevaUs on Richard, with his usual art and deceit, appUed himself to
tiueen to ,, a i i • i t-> i ¦
part with Rotheram and another Ex-chanceUor, Archbishop Bourchier,
her younger ^^^ contrived to persuade them that his intentions were fair,
and that his only object in obtaining the release of the young
Prince was, that he might keep the King, his brother, com
pany, and walk at his coronation. These holy men at last
prevailed with the Queen to give a most reluctant assent.
Taking the child by the hand, and addressing Rotheram, she
said : — " My Lord Archbishop, here he is ; for my own part
I can never deliver him ; but If you will needs have him, take
him : I will require him at your hands." She was here struck
with a kind of presage of his future fate ; she tenderly em
braced him, she bedewed him with her tears, and bade him
an eternal adieu.
John Rus- Rothcram appears soon after to have surrendered the
SELL, Chan- Qj.gg^^ ggg^^ jjj^Q ^jjg jjg^^jjg ^f ^Yie Protector. There is no
cellor to
Edward V. record of the transfer or deUvery of it during the reign of
Edward V. But we know that while the young King still
lived and his name was used as sovereign, John Russell
was appointed to the office, and must have sworn fidelity to
that Sovereign. Sir Thomas More, after giving an account of
Richard taking upon hlmseUF the office of Protector, says : —
"At whiche counsayle also the Archebischoppe of York,
Chauncellore of Englande, whiche had delivered uppe the
Greate Scale to the Queene, was therefore greatly reproved,
and the Scale taken from hyme, and delivered to Doctour
RusseU, Byschoppe of LIncolne."* Moreover, there Is an
original letter extant In the Tower of London, addressed In
the name of Edward V. to " John Bishop of Lincoln, our
Chancellor," and dated " the seconde dale of Juyn, In the furste
yere of oure reigne." And Spelman f says, though without
* Sir T. More's Hist. Ric, 3. p. 46. t Glos. 111.

JOHN RUSSELL, CHANCELLOR, 403
citing his authority, — " Hie mortuo rege Edwardo IV. si- chap,
gillum tradldit (Thomas Rotheram) Reglnte Matrl, de qua 

receptum Io. Russell datur, vivente adhuc Edwardo V."
But before entering on the life of the new Chancellor, we Final his-
inust conclude our account of the two Archbishops, who for '"''^ °{F''^'
^ ^ chancellor
the rest of their days confined themselves to the discharge of Archbishop
their ecclesiastical functions. Bourchier performed the omcuer,
marriage ceremony between Henry VII. and Elizabeth of
York, by which the red and white roses were united ; but
his great glory is, that he was one of the chief persons by
whose means the art of printing was introduced into England,
and that he was a zealous and enlightened patron of reviving
learning. He died at his palace of Knowle, near Sevenoaks,
on the 30th of March, 1486, and was buried at Canterbury,
where his tomb still remains on the north side of the choir,
near the high altar.
Rotheram did not take any actlye part In the struggles and Ro-
which ensued, but he was so strongly suspected by Richard III.
that he was detained In prison till near the end of this reign,
when the Lady Anne had been made away with. He was
then liberated on account of his great Influence over the
Queen Dowager, that he might persuade her to agree to a
marriage between her daughter Elizabeth and the murderer
of her sons — which would have taken place If Richmond
had been repulsed. After the battle of Bosworth, the Ex-
chanceUor quietly submitted to the new government, but
he was looked upon with no favour by Henry VIL, who to
the last retained his Lancastrian prejudices, and was desirous
to depress all the partisans of the House of York. He died
of the plague, at Cawood, in the year 1500, aged 76, and
was buried in his own cathedral.* He was founder of
Lincoln College, Oxford, and showed his affection to the
place of his nativity by building a coUege there, with three
schools for grammar, writing, and music.
The Protector was wading through slaughter to a throne
* In 1735 his vault was opened, and a head of good sculpture in wood was
found, supposed to be a resemblance ofhim  WUI, York. 156, ISO,
D B 2

404

REIGN OP EDWARD V.

CHAP. XXIV.
Character
of Lord
Chancellor RusseU.

His origin
and rise.

His con
duct on the

when he appointed John Russell to the office of Chancellor
to the young King, whom he had doomed to destruction.
Yet this Prelate, though he did not altogether escape sus
picion, appears to have been unstained by the crimes of his
patron ; and he Is celebrated by most of the chroniclers of
that period for uncommon learning, piety, and wisdom. He
was probably selected by Richard as a man who, from his
mild disposition, would not be dangerous to him, and whose
character might bring some credit to his cause.
I do not find any distinct account of this John Russell's
parentage. He was most likely of lie Bedford family, who,
having held a respectable but not brilliant position in the
West of England since the Conquest, were now rising Into
eminence.* He was born in the parish of St. Peter, In the
suburbs of the city of Winchester, In the beginning of the
reign of Henry VI. f Having studied some years at the
school recently established by William of Wickham in the
place of his birth, he was removed to the University of
Oxford. Here he made particular proficiency In the canon
law, and took the degree of Doctor In this faculty. In 1449
he was elected a fellow of New College, and residing there
he still increased his academical reputation. ^ He was made
a pf ebendary of Salisbury, and Archdeacon of Berkshire, —
when he removed to Court, and was much noticed by
Edward IV. In 1476 he was consecrated Bishop of Rochester,
and in 1480 he was translated to the see of Lincoln. He
was a man of very bland manners, and as he rose In the
world, made himself still very acceptable to those above him,
and popular with all ranks. He was left by Edward IV.
one of his executors, and his appointment as Chancellor to
the Infant Sovereign was generally approved of.
We are not informed how the new Chancellor employed

* John Russell, a lineal ancestor of the present Duke, was Speaker of the
House of Commons in the second parliament of Hen. VI., which met in 1432.
Wiffen, in his " History of the House of Russell," does not mention the Chan
ceUor, — perhaps from a shyness to acknowledge him on account of his connec
tion with Richard IIL, and the suspicion under which he unjustly laboured of
having betrayed two sovereigns to whom he had sworn allegiance.
t Wood, Hist, et Ant. Oxon. 413. ^ Ibid. 413, 414.

.TOHN RUSSELL, CHANCELLOR. 405
himself in the short Interval during which the government chap.
was allowed to be carried on in the name of Edward V- ; hut
as he Is not mentioned In connection with the scenes of open usurpation
violence which ensued, and no serious charge of treachery °f Richard
was urged against him when the Lancastrians triumphed, we
are bound to believe that the usurpation was planned and
effected without his privity, though, like most others in
the kingdom, he was not unwilling to recognise the usurper.
We must remember that the revolution proceeded on the
ground that Richard was the right heir ; — that the two
young Princes, though set aside, still survived when he gave
In his adhesion ; — and that there Is great reason to think
that Edward actually walked at the coronation of his cruel
uncle. *
Two days after the ridiculous farce acted at GuUdhall, J""^ ^8.
1483.
under the management of Buckingham, which Shakspeare RusseU re-
has made so familiar to us, John Russell had the Great Seal *PP°™'«'i
_ ' _ Chancellor
again delivered to him, as Chancellor to Richard III., and by Richard
he swore allegiance to the new King. This ceremony took
place at Baynard's Castle, In Thames Street, the residence
of the Duchess of York, where the usurper first kept his
Court. The record tells us, "that the Chancellor having
there received the Great Seal from the King, carried It to
his Inn called the Old Temple, In the parish of St. Andrew,
Holborn, and that on the 20th of June foUowing he sat here,
assisted by Morton the Master of the Rolls, and three
Masters in Chancery." f We have no further account of the
exercise of his judicial functions.
Richard was soon obliged to take the field that he might
put down the Insurrection of the Duke of Buckingham. The
Chancellor was then confined to his bed In London by a
severe fit of sickness. When Richard reached Lincoln at
the head of his army, he sent to the Chancellor the fol
lowing letter, the original of which is still preserved in the
Tower : —
* So far Horace Walpole, I think, succeeds, although he fails egregiously in
making Richard both handsome and virtuous.
t Rot. Cl. I Ric. 3. n. 100. D D 3

406

REIGN OP RICHARD III.

C 11.4 P.
XXIV.

the Chan
cellor.

" By the King,
"Right Reverend Fadre in God, and right trusty and
Letter of well-bcloved. We grete you well, and in our hertlest wyse
Richard to thank you for the manyfold Presentes that your servantes in
your behalve have presented unto us at this oure being here :
which we assure you we toke and accepted with good herte :
and so we have cause. And whereas we, by Goddes grace,
intend briefly to avaunce us towards our rebel and traitor, the
Due of Buckingham, to resist and withstand his malicious
purpose, as lately by oure other letters We certlfyed you om-e
mynde more at large : For which cause It behoveth us to have
our Grete Sele here. We being enfourmed that for such in
firmities and diseases as ye susteyne ne may In your person to
your ease conveniently come unto us with the same : Where
fore we wil, and natheless charge you that forthwith upon the
sight of thies, ye saufly do the same oure Grete Sele to be sent
unto us ; and such of the office of our Chauncery as by your
wisedome shall be thought necessary, receiving these oure let
ters for youre sufficient discharge in that behalve. Geven
undre oure signet at oure cite of LIncolne the xii day of
Octobre." The letter, so far. Is In the handwriting of a secretary.
Then follows this most curious postscript In the handwriting
of Richard himself: — " We wolde most gladly ye came your
selff, yf that you may, and yf ye niay not, we pray you not
to fayle, but to accomplyshe in al dillygence our sayde com-
maundemente, to send oure Seale incontinent upon the syght
hereof as we truste you with such as ye truste and the officers
parteyning to attende with hyt ; praying you to ascerteyn us
of your News ther. Here, loved be God, is al wel and
trewly determyned, and for to resiste the malyse of him
that had best cause to be trew, the Due of Bokyngam, the
most untrew creature lyvynge. Whom, with God's grace,
we shall not be long til that we wyll be In that parties and
subdew his malys. Wee assure you there was never falsre
traitor purvayde for, as this Berrerr Gloucestre shall shew
you." *

Postscript.

* See Kennet, i. 532. n.

JOHN RUSSELL, CHANCELLOR. 407
The Great Seal was accordingly sent to the King, who re- CHAP.
tained It In his own custody tlU the 26th of November, when
having returned In triumph to London, he restored It to Lord
Chancellor RusseU.*
There had as yet been no parliament since the death of A parlia-
Edward IV., but one was now summoned by writs under the
Great Seal. The two Houses- met In January, 1484, and the
King being seated on the throne, the Lord Chancellor ad
dressed them, and as soon as a Speaker was chosen, proposed
a bill, whereby it was " declared, pronounced, decreed, con
firmed, and established, that our Lord Richard III. Is the
true and undoubted King of this rjealm, as well by right of
consanguinity and heritage, as by lawful election and coro
nation." The issue of Edward IV. being bastardised, and the Earl Excellent
of Richmond and aU the Lancastrian leaders attainted, the '^^* "°""
^ -PI 1 enacted.
parhament, at the suggestion ot the government, set to work
in good earnest to reform the law and to improve the in
stitutions of the country. This policy, prompted by the
King's consciousness of his bad title to the crown and his
desire to obtain popularity, was warmly promoted by the
ChanceUor. From the destruction and obliteration of records which
followed upon the change of dynasty, we have very imperfect
details of the proceedings of this parliament ; but looking to
the result of its deliberations as exhibited In the Statute
Book, we have no difficulty in pronouncing it the most me
ritorious national council for protecting the liberty of the
subject and putting down abuses in the administration of
justice, which had sat since the time of Edward I.
I will fondly believe, though I can produce no direct
evidence to prove the fact, that to " John Russell " the
nation was Indebted fot the Act entitled — " The Subjects of
this Realm not to be charged with Benevolence," the object
of which was to put down the practice Introduced In some
late reigns of levying taxes under the name of " benevolence,"
* Rot. Cl, 1 Ric, 3, n, 101.
I) D 4

408 REIGN OF RICHARD III.
CHAP, without the authority of parliament. The language employed
would not be unworthy of that great statesman bearing the

Act against Same name, who in our own time framed and introduced
" Benevo- BIUs " to aboUsh the Test Act," and " to reform the Repre-
sentatlon of the People In Parliament : "
" Remembering how the Commons, by new and unlawful
innovations against the laws of this realm, have been put to
great thraldom and exactions, and In especial by a new im
position called Benevolence, be it ordained that the Com
monalty of this realm from henceforth in no wise be charged
therewith, and that such exactions aforetime taken shall be
for no example to make the like hereafter, but shall be
damned and annulled for ever." *
Chancellor When the session of parliament was over, the Chancellor
treaty with was employed to negotiate a peace with Scotland. At Not-
Scotland, tlngham he met commissioners from the Scottish King, and It
was agreed that, that to consolidate the amity between the two
countries, Anne de la Pole, the niece of King , Richard and
sister of the Eai 1 of Lincoln, declared to be heir presumptive
to the crown, should be married to the eldest son of James III.
The parties were then Infants, and this marriage did not
take place ; but afterwards another English Princess, eldest
daughter of Henry VIL, did become the bride of James IV.,
and was the means of uniting the whole island under one
sovereign.!

* Stat. 1 Ric. 3. c. 2-
f Hall gives a detailed account of this negotiation ; " At which tyme came
thether for the Kynge of England, John, Byshop of Lincoln, Chauncellor of
England," &c. — Chro. p. 398.
We have a still more curious statement respecting it in Lesly's History of
Scotland, lately published by the Banatyne Club : — " Ther wes no peace kepit
on the bourdouris of Scotland and Ingland ; but divers incursionis and raides
wer made on ather syde, with greyt spoiles and prayes of guidis brocht furth of
Ingland all the nixt winter, sua that thair wes gr^it appeirance of weir to ensue
betwix thame. Innocentius Octavus, than Pope, baring thairof, send ane legat
callit James Bischop of Imola, to baith the Kinges for ane treaty of peace to be
maid amangis thame; at quhdk tyme Kinge Richard, considering his awin un
quiet state within his realme, be civU! sedicione attempted aganis him be his
nobles, thoucht it wes the neirast way to appease the same be contracting of
peace with the King of Scotland his nierast nychtbour ; and thairfoir be per-
suatione of the same legat, Commissionaris were appointit, wha met at Nutting-
hame, the sevint of September : Quha were for Scotland Coline Erie of Ar
gyle, Lord Campbell and Lome, the Lord Chancellar of Scotland, &c. : For

JOHN RUSSELL, CHANCELLOR. 409
The ChanceUor was next employed in a negotiation of a CHAP, XXIV
more difficult and deUcate nature. Jane Shore, celebrated  '
for her beauty, her frailties, and her amiable qualities, — after
the death of her lover, Edward IV., having tried to support
the title of his children to the throne, and having put her
self under the protection of Hastings — on the fall of that
nobleman, Richard was resolved to be revenged of her, and,
complaining that she had conspired against him, caused her
to be prosecuted in the ecclesiastical court for adultery and
witchcraft, — • her husband, the goldsmith of Lombard Street,
being induced to join In the prosecution and to sue for a
divorce. She had been found guilty, sentenced to penance,
and Imprisoned In Ludgate. While there she was considered
a state prisoner, and, according to a custom which was acted
upon In many succeeding reigns, the law officers of the
Crown were sent to interrogate her, with a view to obtain In
formation respecting the movements of the Lancastrians, with
whom she was now suspected to be In correspondence. It
so happened that Sir Thomas Lynom, the Solicitor General,
after two or three private Interviews, was so smitten with
her " pretty foot, cherry Up, bonny eye, and passing pleasing
tongue," that he actually offered her his hand. Richard
hearing of this extraordinary courtship, and thinking It In-

Ingland wer appointit Johne Bishop of Lincolne, Chancellar of Ingland, &c.
Thir Commissioneris did sex tymis meit, and efter lang debaitting, demanding,
and denying, in the end of September thay fully concludit, and maid a deter-
minacione, le the quhilkis there was ane perfytte amitye and inviolable peace
contractit betwix the realmes of Scotland and Ingland for thre yeiris, to begine
at the sone rysinge, the 29 day of September, 1484, and to indure to the sone
setting the 29 September, 1487, ' &c. — Les. Hist. p. 52. — In Rymer we find
the warrant addressed to Lord Chancellor Russell for a safe conduct under
Great Seal to the Scottish ambassadors . — " Memorandum quod vicesimo nono
Die Novembris anno Regn i Regis Ricardi Tertii primo, ista Billa liberata fuit
Domino Cancellario Angliie apud Westmonasterium exequenda :
" R. R.
" Rex universis et singulis Admirallis salutem. Sciatis, &c. The safe con
duct was to be under condition that the ambassadors should attempt nothing to
the prejudice of the King of England, and contained a declaration " quod ipse
sic attemptans pro eo juxta ejus demerita puniatur." — Rym. F. xu. 207. The
full powers to the Scottish ambassadors are also given, and show that the head
of my clan was then Chancellor of Scotland : " Confisi ad plenum de fidelitate
prudentia, legalitate, scientia, et probitate nobilis et potentis Domini Colini
Comitis de Ergile, Domini Campbell et Lome, Cancellarii nostri," &c. — Rym,
F. xxii. 234.

410 REIGN OF RICHARD III.
CHAP, decent that his Solicitor General should marry a woman
^^IV, ^}iQge immodesty had been made so notorious, wrote the
following letter to the Lord ChanceUor, for the purpose of
breaking off the match, yet (good naturedly, so as to
furnish an argument for Horace Walpole to prove that
the supposed bloody tyrant was a very worthy fellow)
— with the intention that. If Mr. Solicitor was Incurable, he
might be put in the way of making Mrs. Shore Lady Lynom
with as little discredit as possible :
" By the King.
" Right reverend fadre in God &c. Signifying unto you,
that It Is shewed unto us, that our servaunt and solUcitor,
Thomas Lynom, mervelUously blinded and abused with the
late (wife) of WUlIaim Shore, now living In Ludgate by oure
commandment, hath made contract of matrymony with hir
(as It Is said) and Intendlth, to our full grate merveile, to
proceed to th' effect of the same. We for many causes wold
be sory that bee soo shulde be disposed. Pray you therefore
to send for him, and In that ye goodly may, exhorte and
stirre hym to the contrarye. And If ye finde him utterly
set for to marye bur, and noon otherwise wiU be aduertised,
then if it stand with the law of the churche*. We be content
(the tyme of marriage deferred to our comyng next to
London) that upon sufficient suertle founde of hure good
abering, ye doo send for hure Keeper and discharge him of
our said commandment by warrant of these, committing bur
to the rule and guiding of hure fadre or any othre by your
discretion In the mene season. Geven, &c.
" To the right reverend fadre In God &c. the Bishop of
Lincoln our Chauncellour." f
The particulars of the conference between the two legal
dignitaries are no where mentioned ; but the ChanceUor
* The doubt was whether, notwithstanding the divorce, a second valid mar
riage could be contracted.
t Harl. MS. Brit. Mus. 433, fol, 340, b. Walpole's Hist, Doubts, 118.,
where there is a wrong reference to the King's letter, which I have corrected
after examining the MS.

JOHN RUSSELL, CHANCELLOR. 411
must have succeeded in persuading the Solicitor General of chap,
the Imprudence of a match which the world would censure 
and which might hurt his advancement ; for we know that
the unfortunate lady never was married again, and that she
died in the reign of Henry VIIL, still bearing the name of
Jane Shore. *
John Russell continued Chancellor till the 29th of July,
1485, having the Great Seal always in his own custody,
except from the 19th of October to the 26th of November,
1483, on the occasion I have referred to.
We have no Information as to the cause of the good Removed
Bishop's dismissal from the office of ChanceUor. There was g^^^ '^
no party crisis or change of measures at the time, and there
was no rival for the office who was to be preferred to him. It
is possible that Richard, marching to meet the Earl of
Richmond, acted as he had done In his expedition against
Buckingham, and desired to take the Great Seal Into the
field with him. Intending to restore It to the former keeper
of his conscience when he returned victorious ; but, on the
other hand. It has been supposed that Richard suspected
the Chancellor of being in correspondence with the Earl
of Richmond, and that he meditated a dreadful revenge upon
him when he had vanquished his enemy.
Ex-chanceUor Russell retired to his palace at Buckden, His subse-
where he heard of the Battle of Bosworth and the acces- <l"ent his
tory.
sion of Henry VII. He mixed no more in politics, and
spent the remainder of his days in the care of his diocese
and superintending the discipline of the University of Ox
ford. He is celebrated as the first perpetual ChanceUor of that First per-
learned body. Hitherto the office had been held only for a chancellor
year, and frequently by some resident member of no very of Oxford,
high rank. In 1483 when RusseU was appointed Chancellor
of England, — on account of the inconvenience arising from
* She was seen by Sir Thoiflis More, poor, decrepid, and shrivelled,, without
the least traces of that beauty which once commanded the admiration of a King
and all his court. The story of her dying of hunger in a ditch, supposed, after
her, to be called Shoreditch, is a fable.

412 REIGN OF RICHARD III.
CHAP, annual elections, and the great confidence reposed in him, he
 '__ was elected Chancellor of the University for life.

Tired of the dignity, he resigned It In 1487; but great
confusion being likely to arise from this step, " the Academi
cians earnestly desired him to take upon him the office again,
wliich he promising they proceeded to election. " * A keen
contest took place, Peter Courtenay, Bishop of Winchester,
being put up against him; but he was re-elected, and held
the office till his death, when he was succeeded by Lord
Chancellor Cardinal Morton. In 1488 he, published cer
tain " Aulary Statutes for the Government of the University,"
which were supposed to have made it a model for all uni
versities.
His death. He died January 30. 1494, and was buried in his cathedral,
at the upper end on the south side. In a chapel where he
had founded a chantry, under an altar tomb, with this in
scription : —
Tj- • " Qui sum qua; mihi Sors fuerat narrabo, Johannes
Jrlis epi- T^ 1 ,. . .
. , Russel sum dictus servans nomen genitoris.
' ' Urbs Ventana parit, studium fuit Oxoniense:
Doctorem juris, me Sarisburia donat
Archidiacono ; legatum mittit in orbem
Rex, et privatum mandat deferre Sigillum ;
Cancellarii Regni tunc denique functus
Officio, cupii dissolvi, vivere Christo.
Ecclesiasque duas suscepi Pontificales
Roffa Sacrum primo, Lincolnia condit in unum
Anno milleno ; C.quater quater atque vieeno
Bis septem junctis vitalia Lumina claudo."'|'
But the most valuable memorial to his fame is the character
given of him by Sir Thomas More, — "A wyse mane & a
good, & of much experyence, & one of the best learned
menne undoubtedly that Englande hadde in hys time." J
He left behind him considerable reputation as an author,
his two greatest works being " A Commentary on the Can
ticles," and a treatise " De Potestate summi Pontlficis et Im-
peratorls." Had they been written a few years later we

• Fast. Ox. 64.
t Willis's Cathedrals, Bishops of Lincoln, vol. iii. pp, 7, 59,
t Life of Ric, 3. p, 529.

state of TIIE LA^V, 413
should have been able to pass judgment upon them ; but CHAP.
they never were printed, and they have not come down to us. ^^i^.
He appears to have been a great encourager of reviving
learning *, but he is more loudly extolled for his " re-edifica
tion of the episcopal palace at Buckden." f
No other Chancellor was appointed by Richard during the
short remainder of his reign. The Invasion of the Earl of
Richmond was now Impending. The discontented were Disposal of
flocking to him, as a deliverer, from all parts of the kingdom : ^'¦^''' ^^^^
11 1 r. T 1 , , & ' at end of
and there was a general teeling among the people, that the reign of
man stained with so many crimes ought not longer to be per- ^'^^ard
mitted to occupy the throne which he had usurped. The
Great Seal was given by Richard Into the temporary keeping
of Thomas Barrowe, Master of the Rolls |, for the despatch
of necessary business, and It probably remained with him till
the conclusion of the reign, although some accounts represent
that Richard carried It with him when he marched against
Richmond, and had It In his tent at Bosworth Field, — ' in
which case it must at once have fallen into the hands of the
victor, and, next to the crown worn by Richard in the fight,
have been his earliest emblem of royalty. §
We do not find any equity decisions in these two short Legal pro-
reigns, although, amidst arms, the laws seem to have been "<'^^'"S^
° ° . during
regularly administered; and there have been handed down to reigns of
us Reports In the Year Books, beginning "De Termino and^R^chy'

ard III.

* On a manuscript of Mathew Paris (Royal MSS. 14. C. vii.) now in the
British Museum, there is an inscription in Latin, dated June 1. 1488, in the
handwriting and with the signature of John RusseU, Bishop of Lincoln, in which
whosoever shall obliterate or destroy the Bishop's memorandum respecting the
ownership of the volume is solemnly declared to be accursed. — Warton's Dis
sertation on Introduction of Learning into England, p. 1 1 1 . It appears from an
inscription in the author's own hand, to have been a presentation copy from
himself, probably to some church or monastery. — Sketches »f the History of
Literature and Learning in England, vol. ii. 168. Knight's Weekly Volume,
No. XVIIL
f God. de PrsBs. Line. Although Lord Chancellor Russell has considerable
historical interest, he is not mentioned by modern historians, and many of my
well-informed readers may never have heard of his existence. I consider him one
of the " Cancellarian mummies" I have dug up and exhibited to the public.
\ Rot. Cl. 3 Ric. 3. n. 1 . Rym. F. xii. 272.
§ See Nicholls' Lit. Aneo. vi. 47. Walpole's Hist. Doubts Antiq. Bish,
Rochester. Harl. MSS. No. 2578. Buck's Life of Richard IIL in Kennet,
vol. i.

XXIV.

414 STATE OF THE LAW.
CHAP. Trinitatis Anno primo EdwardI Quinti." Lord Chancellor
Russell appears to have been perplexed by the cases which
came before him respecting uses ; and, to obviate the necessity
for a Bill in Chancery, it was enacted that the person entitled
to direct the trustee to convey should himself be entitled to
execute a conveyance to carry the estate * ; but this new
expedient to remedy the Inconvenience of uses only produced
the additional confusion which must necessarily follow when
two persons have an equal legal right to dispose of the same
land, and the deduction of title, by tracing the legal estate,
on which the security of tenure in England depends, became
impossible. * 1 Ric. 3. c. 1. It is remarkable that this is the first statute in the English
language, the statutes hitherto having been all in Latin or French, and it was
taken as a precedent, for all statutes afterwards are in English. It is curious
that in this reign, which we regard with so much horror, not only were laws
given to the people of England, for the first time since the Conquest, in their
own. language, but acts of parliament were for the first time printed. — Mac-
pherson's Annals of Commerce, i. 704.

JOHN ALCOCK, CHANCELLOR. 415

CHAPTER XXV.
CHANCELLOES AND LOED KEEPEES FEOM THE ACCESSION OF
HENET vn. TILL THE APPOINTMENT OP AECHBISHOP WARHAM
AS LOED KEEPEE.
King Henry VIL, returning from Bosworth Field, appointed chap.
for his first Chancellor John Alcock, now Bishop of Wor- xxv.
cester *, who for a few months, whUe Bishop of Rochester,
had filled the office under Edward IV., and an account of Alcock,
whom I have reserved for this place. He was born at ^orcest"^
Beverley, In the county of York, of no distinguished famUy, first Chan-
and raised himself entirely by his own merits. He studied at ^^"'^ ^u
Cambridge, where he obtained great distinction, particularly
for his knowledge of the civil and canon law. He was patron
ised by Lord Chancellor Stillington, — was extremely useful
to him, — and, as his deputy, performed most of the duties
belonging to the Great Seal. In 1471, as a reward for his
services, he was made Bishop of Rochester and Master of the
Rolls. He contrived to ingratiate himself equally with Lord
ChanceUor Rotheram, through whose interest he was trans
lated to Worcester, and intrusted, for a short time, with the
Great Seal, under the title of Chancellor.
Now was the triumph of his powers of insinuation and
versatility ; having been brought forward arid employed by
the House of York, and never having had any open rupture
with Richard, he at once gained the confidence of Henry,
who hardly ever favoured any one who had not fought with
the Lancastrians In the field, or had been engaged in plots tc
promote their ascendency.
There is no record of the day of the delivery of the Seal to
him; but in the Parliament RoU of the 1st of Henry VII. it
Is stated, that " on the 7th of November, In the first year of
the King's reign, the Reverend Lord and Father in God
* Rot. Pari, 1 Hen, 7, p. 1.

416

REIGN OP HENIiV VII.

CHAP. XXV.
Difficult
constitu
tional ques
tionssettled.

Aleock
removedfrom office
of Chan
cellor. Mane Bishop jf
Ely.

John Alcock, Bishop of Worcester, Cancellarius Magnus
Angli.^;, declared the cause of summoning parliament."
Great reliance must have been placed on his learning and
experience for settling the deUcate points which were to be
brought forward. One of these was the effect of the at
tainder, by a parliament of Richard, of a great number of the
temporal Peers now summoned. Could they, at the com
mencement of the session, take their seats In the House of
Lords? The Chancellor asked the opinion of the Judges,
who held that they ought not to sit till their attainder had
been reversed, — thereby recognising the principle that " any
statute passed by a parliament under a King de facto is
ever after to be taken for law till repealed." But a more
puzzling question arose as to the effect of the attainder of
Henry himself, as Earl of Richmond ; for how could this be
reversed without an exercise of the prerogative In giving the
royal assent ? and could the royal assent be given till the
outlawry was reversed ? The ChanceUor again consulted the
Judges, and they cut the knot by unanimously resolving,
" that the descent of the Crown of . Itself takes away all
defects, and stops in blood by reason of attainder*," which
has ever since been received as a maxim of constitutional
law ; and no doubt was relied upon by the Jacobites, who
attempted to restore the Princes of the House of Stuart,
attainted under King William, Queen Anne, and George I.
The ChanceUor gave great satisfaction to his wary master
by the dexterity with which he met such difficulties, and he
was translated to the rich see of Ely as a reward for his
services ; but there does not seem to have been any Intention
to employ him after the new government was fairly started ;
and the King reserved his real confidence for John Morton,
who had been In exile with him, who had been attainted for
adhering to him, who had mainly contributed to his elevation,
and whom he resolved to make his chief adviser for the rest
of his reign. The exact date of the transfer of the Great
Seal to him Is unknown, as It is not recorded in the Close
Roll ; but it is supposed to have happened In August, 1487,

Pari. Roll. 1 Hen. 7. 1 Pari. Hist. 450.

CARDINAL MORTON, CHANCELLOR. 417
and was certainly before November in that year, when there chap.
were blUs addressed to him as Chancellor, which are still ¦^^'
extant,* Bishop Alcock, the Ex-chanceUor, lived in the enjoyment of Death of
his new diocese till the 1st of October, 1500; when, accord- ^]'fo^''^\'_
Ing to a quaint authority I have consulted, " he was translated cock,
from this to another life." He had In his latter days a great
character for piety, abstinence, and other religious mortifica
tions. He built a chapel at Beverley, founded a chantry to
pray for the souls of his parents, and turned St. Rudegunda's
old nunnery at Cambridge, founded by Malcolm, King of
Scots, into the flourishing foundation of Jesus' College.
In the two first reigns of the House of Tudor, the Great Cardinal;;
Seal may be considered In Its greatest splendour; for the chancellor.
Chancellor was generally the first minister of the Crown,
and by his advice the Lord Treasurer, and the other high
officers of state, were appointed. Henry, whose darling ob
ject was to depress the powerful barons hitherto so formidable
to his predecessors, was determined to rule by men more de
pendent on him than the nobiUty, who enjoyed, by hereditary
right, possessions and jurisdictions dangerous to royal au
thority. The new Chancellor was, in all respects, such a
man as the King wished for his minister.
John Morton was born in the year 1410, at Bere, In His birth
Dorsetshire, of a private gentleman's family. He received ^JJ,^ *''"''''"
his earhest education at the Abbey of Cerne, from whence
he was removed to Balliol College, Oxford, where he devoted
himself to the study of the civil and canon law, and took
with great distinction the degree of LL.D. He then went
to London, at aU times the best field for talents and energy,
and practised as an advocate In Doctors' Commons. In the
Court of Arches, and the other ecclesiastical Courts, there
was then much business, producing both fame and profit;
and success at the civil law bar frequently led to promotion
both in church and state. Morton was soon the decided
leader ; and he rose to such distinction by his learning and
eloquence, that he gained the good opinion of Cardinal
? See PhUpot, p, 68. Rot. Pari. 3 Hen. 7.
VOL. I. E E

418

REIGN OP HENRY VII.

CHAP. XXV.

A Lancas
trian, but
reconciled
to Edward
IV.

His con
duct under
Richard
III,

Strawberry;
scene at
the Tower
of London,

Bourchier, Archbishop of Canterbury, who recommended
him to Henry VI. He was sworn of the Privy CouncU by
that Sovereign, was made Prebendary of Salisbury, and had
the rich living of Blakesworth bestowed upon him.
In the struggles which ensued between the rival famlUes,
he adhered with the most unshaken fidelity and unbounded
zeal to the Lancastrian cause, — till Edward IV. was firmly
seated on the throne, when he thought it not Inconsistent
with the duties of a good citizen to submit to the ruling
powers, without renouncing his former attachments. He
petitioned for pardon at the same time as Fortescue. Ed
ward was so_much struck with his honourable conduct, that
without requiring from him any unbecoming concessions,
he continued him a Privy Councillor, appointed him Master
of the Rolls *, conferred upon him great ecclesiastical prefer
ment crowned with the Bishopric of Ely, — and, by his last
will, made him one of his executors. Some of the biogra
phers of Morton state, that he was likewise Lord ChanceUor
to Edward IV., but this is a mistake. In the year 1473,
during the lUness of Lord Chancellor StIUington, he for a
short time was Intrusted with the custody of the Great Seal,
and no doubt did the duties of the office, but he then only
acted as deputy to the Chancellor.
Being executor of Edward IV., and enjoying the entire
confidence of the Queen, he had a sort of guardianship of
the royal chUdren, and Richard thought It would be a great
point gained to corrupt him as he had corrupted Buckingham
and others ; but Morton rejected aU his overtures with scorn
and indignation, and thereby incurred the special hatred of
the usurper.
On the very day when Rivers, Gray, and Vaughan, the
Queen's relations, were executed by the orders of Richard,
at Pomfret, there was acted In the Tower of London the
scene which Is so admirably and truly described by our im
mortal dramatist. Morton, along with Hastings and the other
councillors, took his place at the council-table, according to
the summons sent to them, — when Richard, who was capable

»¦ 1473.

CARDINAL MORTON, CHANCELLOK. 419
of committing the most bloody and treacherous murders with CHAP
. . . XXV
the utmost coolness and Indifference, appearing among them  ^
in an easy and jovial humour, though determined to put
Hastings to death and to Imprison Morton, to whom, as an
ecclesiastic, he did not venture to offer further violence, — en
tered Into familiar conversation with them before proceeding
to business, and complimenting the Bishop on the good and
early strawberries which he raised In his garden at Holborn,
he begged the favour of having a dish of them.* A mes- imprisoned
senger was Immediately despatched for them ; but before he !^y ^i^hard
returned, Hastings was beheaded, and Morton was a close
prisoner in the Tower.
The University of Oxford petitioned King Richard for
Morton's liberation, saying, " the bowels of our mother, the
University, like Rachel weeping for her children, are moved
with pity over the lamentable distress of this her dearest son.
For If a pious affection be praiseworthy, even In an enemy,
much more Is It In our University, professing the study of aU
virtues. Upon the re-admittance of so great a prelate into
your favour, who Is there that will not extol your divine
clemency ? Thus gloried the Romans to have it marshalled
among their praises, that submissive wights they spared, but
crusht the proud." f
Richard would have cared little for these remonstrances ; Escapes to
but lest the confinement of a popular prelate In the Tower Continent.
might stir up a mutiny among the Londoners, he was given
in ward to the Duke of Buckingham, and was shut up by
him In the castle of Brecknock. | From thence, however, he
* " Glo. My Lord of Ely, when I was last in Holborn
I saw good strawberries in your garden there,
I do beseech you, send for some of them.
" Ely. Marry, and will, my Lord, with all my heart.
# * *^ *
Where is my Lord Protector ? I have sent
For these strawberries.
" Hast. His Grace looks cheerfully and smooth this morning ;
There's some conceit or other likes him well
When he doth bid good-morrow with such spirit."
King Richard IIL act iii. scene 4.
+ Ath Ox. i. 640. " Parcere subjectis et debellare superbos."
\ In Sir Thomas More's Life of Richard III. there is a very long and rather
amusing, but evidently a fictitious dialogue, between Morton and the Duke of
Buckingham, upon the character and conduct of the usurper,
E E 2

420

REIGN OF HENRY VIL

CHAP. XXV.

Recalled
by Henry
VIL

His policy
when Chancellor.

His speech
to the two
Houses of
Parlia
ment.

escaped, and after lying disguised for some time in the Isle
of Ely, he contrived to pass beyond sea and joined the Earl
of Richmond. He was attainted by Richard's parliament,
which met soon after. He assisted in planning Richmond's
Invasion, and Is said first to have suggested and pressed' upon
him the plan of putting an end to the civil wars by marrying
Elizabeth, the daughter of Edward IV., who had become the
heiress of the House of York.
He did not accompany Richmond's expedition, not being
of the class of fighting bishops, now nearly extinct, but re
mained In the Netherlands to watch the event. Immediately
after the battle of Bosworth, Henry recalled him, — on the
death of Cardinal Bourchier raised him to the see of Canter
bury, — procured a Cardinal's hat for him from Pope Alex
ander VI., — and now made him Lord ChanceUor.
He continued In this office, and In the unabated favour and
confidence of his royal master, down to the time of his death,
a period of thirteen years ; — during which he greatly contri
buted to the steadiness of the government, and the growing
prosperity of the country. Although he appeared merely to
execute the measures of the King, he was In. reality the chief
author of the system for controUing the power of the great
feudal barons, and he may be considered the model, as he was
the precursor, of Cardinal Richelieu, who In a later age accom
plished the same object still more effectually in France.
The first parliament at which he presided was that which
met on the 3d of November, 1488. Lord Bacon in his
" History of Henry VIL," gives a very long account of the
speech delivered by the Lord ChanceUor on this occasion.
The custom of taking a text from the Holy Scriptures was
dropped by him, and he rather conformed to the modern
fashion of a king's speech, though with more of detail and of
reasoning than would now be considered discreet on such an
occasion. He thus begins : —
" My Lords and Masters, the King's Grace, our Sovereign
Lord, hath commanded me to declare unto you the causes that
have moved him at this time to summon this his parliament,
which I shall do In few words, craving pardon of his Grace,
and of you all, if I perform it not as I would. His Grace

cardinal MORTON, CHANCELLOR. 421
doth first of all let you know that he retaineth In thankful chap.
memory the love and loyalty shown to him by you at your XXV.
last meeting In establishment of his royalty ; freeing and dis
charging of his partakers and confiscation of his traitors and
rebel?; more than which could not come from subjects to
their Sovereign In one action. This he taketh so well at your
hands, as he hath made it a resolution to himself to commu
nicate with so loving and well approved subjects in all affairs
that are of public nature at home or abroad. Two, therefore,
are the causes of your present assembling ; the one a foreign
business, the other matter of government at home. The
French King (as no doubt you have heard) maketh at this
present hot war upon the Duke of Brittalne." He then
enters at great length Into the disputes between these two
Princes, and the manner in which England was affected by
them ; whereupon the King prayed their advice, whether he
should enter Into an auxiliary and defensive war for the Brit-
tons against France, pretty clearly Intimating an opinion, that
this would be the expedient course, but stating that In all this
business the King remitted himself to their grave and mature
advice, whereupon he proposed to rely. He next comes to
the government at home, and states, that no King ever had
greater cause for the two contrary passions of joy and sorrow
than his Grace, — joy in respect of the rare and visible favours
of Almighty God In girding the imperial sword upon his
side, — ¦ sorrow for that it hath not pleased God to suffer him
to sheathe It as he greatly desired, otherwise than for the ad
ministration of justice, but that he hath been forced to draw
it so oft to cut off traitors and disloyal subjects. He then
enters into topics of political economy, strongly Inculcating
the doctrine of protection, and above all exhorting parliament
to take order that the country might not be impoverished by -
the exportation of money for foreign manufactures. He con
cludes by urging liberal supplies — " The rather for that you
know the King is a good husband, and but a steward In effect
for the public, and that what comes from you Is but as mois
ture drawn from the earth which gathers into a cloud, and
falls back upon the earth again." *
* 1 Pari. Hist. 451.
E E 3

422 REIGN OF HENRY VIL
CHAP. On the recommendation of the Chancellor, several im-
 portant statutes were passed for suppressing riots, and for
Star the orderly government of the kingdom. Lord Bacon and
Chamber Lord Coke particularly celebrate that contrived to extend
the jurisdiction of the Star Chamber, which they caU "a
Court of Criminal Equity," and which, not being governed
by any certain rules, they consider superior to any other
Court to be found In this or any other nation. It was cer
tainly found a very useful Instrument of arbitrary government
during the whole continuance of the Tudor dynasty ; but its
authority being still stretched In opposition to a growing love
of freedom. It mainly led to the unpopularity of the Stuarts,
and their expulsion from the throne.*
Limitation Another law of Morton's, of an extraordinarv nature,
of claims . , 11 1 1 1 ,
to land. respecting real property, was well adapted to the then
existing state of affairs : but we must wonder that it
should have been allowed to continue In force down to our
own times. From the attainders, forfeitures, and acts of
violence which had prevailed during the war of the Roses,
property had changed hands so frequently that the title to it
had become very uncertain, if It were to be traced backwards
according to the common rules of conveyances and pedigree.
A power was now given to a person In possession as owner of
the fee to go through certain ceremonies in the Court of
Common Pleas, and in five years after the time when these
were concluded, his title was good against all the world.f
He Introduced several acts showing a great jealousy of fo
reigners, and particularly one " for avoiding all Scottlshmen
out of England."
Law pro- But the most Important piece of legislation with which he
under^ln^ was Connected, was the famous statute protecting from the
de facto. palus of trcason all who act under a de facto King. On
* 3 Hen, 7, c, 1. I wish that there had been preserved to us the debates on
the abolition of the Star Chamber, I make no doubt that its advocates ascribed
to it all the prosperity and greatness of the country, and prophesied from its
abolition the speedy and permanent prevalence of fraud, anarchy, and blood
shed in England,
t 4 Hen, 7, c. 24. This was repealed by an act which I had the honour to
introduce, establishing twenty years as the uniform period of limitation, which
before had in some cases been five years, and in others might extend to five
hundred.

CARDINAL MORTON, CHANCELLOR. 423
proofs, which even stagger Inquirers In om- times, a belief CHAP.
had become very prevalent among the people, that the Duke  '__
of York, younger son of Edward IV., still survived, and the
apprehension that, if he were restored, those who fought for
the present King, whose title was so defective, might be tried
for treason, or be attainted by act of parliament, deterred
many from joining the royal standard. To meet this dif
ficulty the ChanceUor, in the parliament which assembled in
October, 1497, Introduced and passed an act*, "that no
person that did assist. In arms or otherwise, the King for the
time being, should afterwards be impeached therefore, or
attainted either by the course of the law or by parUament ;
but If any such attainder did happen to be made, it should be
void and of none effect." " The spirit of this law," says Lord
Bacon, " was wonderfuUy pious and noble ; being Uke, In
matter of war, unto the spirit of David in matter of plague,
who said. If I have sinned, strike me ; but what have these
sheep done 9 Neither wanted this law parts of prudent and
deep foresight, for it did the better take away occasion for
the people to busy themselves to pry Into the King's title ;
for that howsoever It fell, their safety was already provided
for." , Had there been a counter-revolution, the law would
probably have been very little regarded, and future par
liaments would not have been bound by it. It has never
been pleaded In a court of justice, unless by the regicides
on the restoration of Charles II,, who In vain contended that
they came within the equity of it, having acted In obedience
to an ordinance of the existing supreme power of the state.
However, it still remains on the statute book, and we shall
undoubtedly be entitled to the benefit of It if the Duke of
Modena, the lineal heir of the monarchy, should be restored,
notwithstanding our zealous defence of the throne of Queen
Victoria, t
There are no other parliamentary proceedings of any "Benevo-
ifflterest connected with this ChanceUor. His great effort posed, ™'
was to extract subsidies from the Commons, and when he
could not do this in a sufficient degree to satisfy the avarice

11 Hen, 7. c. 1. t Hall, Const, Hist, i, 12,
E E 4

424

REIGN OF HENRY VII.

Cardinal
Morton's
"fork."

CHAP, of his royal master, who was now bent upon accumulating
^^^- treasure as if It had been the chief end of government, he
resorted to the most culpable expedients for levying money
upon the subject. Notwithstanding the law of Richard III.
so recently passed, forbidding, In the most express and
emphatic language, any taxation without authority of par
liament, and more particularly the tax called " a Bene
volence," — on pretence of a French war, he issued a com
mission for levying a " Benevolence" on the people according
to their pecuniary ability ; — and that none might escape, he
ingeniously instructed the commissioners to employ a dilemma
In which every one might be comprehended : " If the persons
applied to for the benevolence live frugally, teU them that
their parsimony must necessarily have enriched them ; if their
method of living be hospitable, tell them they must necessarily
be opulent on account of their great expenditure." This
device was by some called " Chancellor Morton's fork," and
by others his " crutch."
Notwithstanding some discontents, there, was perfect in
ternal tranquillity during the administration of Morton, with
the exception of the rebellion caused by the Imposture of
Lambert Simnel, which was wisely terminated by making the
pretended Plantagenet a sculUon In the King's kitchen.
In 1494, Morton's dignities were further increased by his
being elected Chancellor of the University of Oxford.
His death. But he became much broken by age and infirmities, and
after a lingering Illness he died on the 13 th of September,
1500, leaving behind him, notwithstanding some arbitrary
acts of government, which should be judged of by the standard
of his own age, a high character for probity as well as talents.
His munificence was great, and he was personally untainted
by the vice of avarice which disgraced the- Sovereign. Not
only did he Uberally expend money in raising early straw
berries In Holborn, but the great cut or drain from Peter
borough to Wisbech, now known by the name of Morton's
Leame, was made entirely at his expense while he was Bishop
of Ely.* His Uterary attainments reflect still greater splendour
upon him, and he is to be considered the author of the first
• He likewise founded four scholarships in St. John's Hospital, which are
now enjoyed by St. John's College, Cambridge.

HENRY DEANE, LORD KEEPER. 425
classical prose composition In our language, if the supposition chap.
be well founded that the EngUsh Life of Richard IIL, usually
attributed to Sir Thomas More, was written by his predecessor
Chancellor Morton.
More had, when a youth, been brought up in his family as Sir Thomas
a page, and his introduction to the Utopia has left us a very ^acter of
Interesting, though rather flattering, character of his patron, ^im.
" I was then much obliged to that reverend prelate, John
Morton, Archbishop of Canterbury, Cardinal and Chancellor
of England, a man who was no less venerable for his wisdom
and virtue than for the high reputation he bore. He was of
a middle stature, in advanced years, but not broken by age :
his aspect begot reverence rather than fear. He sometimes
took pleasure to try the mental qualities of those who came
as suitors to him on business, by speaking briskly though de
corously to them, and thereby discovered their spirit and self-
command ; and he was much deUghted with a display of
energy, so that it did not grow up to impudence, as bearing
a great resemblance to his own temperament, and best fitting
men for affairs. He spoke both gracefully and mightily ; he
was eminently skilled in the law ; he had a comprehensive
understanding, and a very retentive memory; and the ex
cellent talents with which nature had furnished him were
improved by study and discipline. The King depended
much on his councils, and the government seemed to be
chiefly supported by him ; for from his youth he bad been
constantly practised in affairs, and having passed through
many changes of fortune, he had, at a heavy cost, acquired a
great stock of wisdom, which, when so purchased, Is found
most serviceable."*
The day after the death of Cardinal Morton, the King sent ^^p'- ^^¦
messengers with a warrant to Knoll In Kent, where he ex- Henky
pired, to bring the Great Seal to him at Woodstock.f His 2.'^^*'^'
Majesty received It from them there on the 19th of Sep- Salisbury,
Itember, and kept it in his own custody till the 13th of Oc- ^"^
tober following — much puzzled as to how he should dispose
* Utop. lib. i.
f The seal is stated to have been found " apud Knoll, infra Hospicium dci
nuper Cardinalis, in quadam alta camera ibidem vocat. Le Rake chamber, in
quadam baga de albo corio inclusum." — Rot. Cl, 16 Hen. 7.

426 REIGN OP HENRY VIL
CHAP, of It. He wished to pay the compUment to the church of
¦^^^" having an ecclesiastic for Chancellor, and there was no one

at that time In whom he could place entire confidence as he
had done in Morton, the companion of all his fortunes. He
at last fixed upon Henry Deane, Bishop of Salisbury, as a
safe if not very able man, and to him he delivered the Great
Seal, but with the title of Keeper only.*
Distin- I do not find any trace of Deane's origin, or any account
guished at ^f jjjjjj ^^jj j^g .^^j^g j^^ j^g^ CoUege, Oxford. Here he was a
tli6 UnivGr—
sity. dIUgent student, and before he left the University he took
the degree of S. T. D.
His subse- In 1493, he was made Prior of Llanthony Abbey, In
quen rise. ]\j;Qjjmoytljg]jjj.g . ^,^1 j^g resided very little there, liking better
to push his fortune at the court of Henry VII. He con
tinued to make himself useful to Cardinal Morton, by whose
Interest, In September, 1495, he was made Lord ChanceUor
of Ireland. I have not been able to find how his appoint
ment was received In that country, or how he conducted
himself there ; but, more lucky than some of his successors,
he held the office for two years, and only resigned it for a
piece of preferment which brought him back to this island, —
the Bishopric of Bangor. From that see he was translated,
in 1500, to Salisbury. The experience he had had as Chan
ceUor in Ireland, was supposed to be the reason for his new
elevation.
Conduct as He continued to hold the Great Seal of England as keeper
Keeper during two years, decently discharging the duties of his
office, but not rising In favour with the King, nor gaining
much reputation with the public.
During this time no parliament sat. Instead of the good
old custom of the Plantagenets to caU these assemblies
yearly, or oftener " if need were," the rule now laid down
was to avoid them, unless for the purpose of obtaining
money. The King was at first occupied with his inglorious
French war, which, although he did once carry an army
across the sea, he used as an Instrument of extorting a pe
cuniary supply from the King of France, who was wlUing to
* Rot. Cl. 16 Hen. 7.

LORD CHANCELLOR Vv^-vkhAM. 427
buy him off on any terms, to be at liberty to prosecute his CHAP.
expedition into Italy, and claim the crown of Naples. ' ¦

The Lord Keeper assisted in negotiating the treaty with Nen-otiates
Scotland, by which, after near two centuries of war, or of marriage
truces little better than war, a perpetual peace was concluded the Kino- of
between the two kingdoms, one of the articles being the Scots and
marriage of Margaret, Henry's eldest daughter, with James, cess Mar-
the Scottish King, which in another age brought about the S"'"*^'-
union of the whole island under the House of Stuart.
But the court was soon thrown into mourning by the un
timely death of Prince Arthur, a few months after the cele
bration of his marriage with Catherine of Aragon.
Before the question arose respecting Prince Henry's mar- His re-
riage with his brother's widow, Deane was removed from ^'^"'* '°"'
his office of Lord Keeper, and he escaped the responsibility
of that inauspicious measure. In January, 1502, he was
advanced to the archiepiscopal see of Canterbury, and feeling
himself oppressed by his new duties, and his health declining,
he resigned the Great Seal on the 27th of July following.*
He died at Lambeth, on the 15 th of February, 1503, having His death.
displayed a mediocrity of talent and of character, neither to
be greatly extolled or condemned.
The King seems again to have been at a loss how to dis
pose of the Great Seal, as it was allowed to remain near a
month In the keeping of Sir WilUam Barons, the Master of
the RoUs, who was a mere official drudge, and was restricted
In the use of it to the sealing of writs, and the despatch of
routine business.
At last, on the 11th of August, it was given to William Great Seal
Warham, the Bishop of London t, well known in EngUsh "JeUvered
. , . , . 1 /. 1 . • 1 *° Arch-
history, — who retained it during the rest or this reign and bishop
the early years of the next, — till, his influence being under- ^a'^ham.
mined by the arts of a greater intriguer. It was clutched from
him by the hand of Wolsey.
* Rot. Cl. ] 7 Hen. 7, n. 47.
f This ceremony took place at Fulham, under a warrant from the King then
at Langley, in the forest of Wychewoode, — *> Rot. Cl. 17 Hen. 7,

428

REIGN OF HENRY VII.

CHAPTER XXVL

CHAP,
XXVL
Birth and
education.

Practises
in Doctors'
Common.".

His em
bassy to
Duke of
Burgundy.

Speech to
Duke and
Duchess.

LIFE OP ARCHBISHOP WARHAM, LOED CHANCELLOK OF ENGLAND.
William Warham was born at Okely, in Hampshire, of a
small gentleman's family in that county. He studied at
Winchester school, and afterwards at New College, Oxford,
of which he was chosen fellow In 1475. Having greatly dis
tinguished himself in the study of the civil and canon law, he
took the degree of LL. D., and practised as an advocate in
the Court of Arches In Doctors' Commons. FoUowing In
the footsteps of Morton, he attracted the notice and gained
the patronage of this prelate, who recommended him for
employment to Henry VII. He was accordingly sent on a
very delicate mission to the court of Burgundy, to remon
strate against the countenance there given to Perkin War-
beck, the pretended Duke of York, younger son of Ed
ward IV. The Duchess of Burgundy, sister of Edward IV.,
had a deep dislike to Henry as a Lancastrian, and having
formerly patronised Lambert Simnel, now professed to receive
Perkin as her nephew, and " the White Rose of England."
HoUInshead gives us an account of a speech supposed to
have been delivered by the ambassador on his arrival at
Bruges, in the presence of the Duchess as well as of the
Duke ; but, from Its very uncourtly terms. It must surely
be the Invention of the chronicler. " William Warram
made to them an eloquent oration, and In the later end some
what inveighed against the Ladle Margaret, not sparing to
declare how she now. In her later age, had brought foorth
(within the space of a few yeares together) two destestable
monsters, that Is to sale, Lambert and this same Perkin War-
becke; and being conceived of these two great babes, was
not delivered of them in 8 or 9 moneths, as. nature requlreth,
but In 180 months, for both these, at the best, were fiftene
yeeres of age yer she would be brought In bed of them, and
shew them openlle ; and when they were newUe crept out of
hir wombe, they were no infants, but lustle yoongllngs, and

LORD CHANCELLOR WARIIABt. ' 429
of age sufficient to bid battel to kings. These tawnts angred CHAP,
the Ladle Margaret to the hart."* XXVl.

Warham could not succeed In having the Pretender de- ^^^^
livered up or dismissed, but gained highly useful Inform- Master of
ation respecting his history and designs ; and gave the King Bishop of
such satisfaction, that on his return he was made Master of London.
the RoUs and Bishop of London, He continued at the RoUs
nine years, during which time he had a seat at the coun
cil-board, and he was looked forward to by many as the
successor of Morton In managing the civil affairs of the
kingdom. When he received the Great Seal he held it at first with -*•"¦ i504.
Lord
the title only of Lord Keeper ; and it was not tUl two years Keeper
afterwards, when being translated to Canterbury, that he ^^ ^°^.^
was invested with the full dignity of Lord Chancellor. His
Installation now took place with extraordinary pomp, the
Duke of Buckingham, the first peer of the realm, acting as
steward of his household.
Notwithstanding aU the cares of the primacy, he applied His de-
very diUgently to the discharge of his ludlclal duties. His fP^*"'' °^.
J o J o J ^ business in
experience as an advocate must now have been of essential Chancery.
¦advantage to him ; and, besides being assisted by the Masters
in Chancery, he prudently continued the practice of calling In
the assistance of the common-law judges In all difficult cases.
Thus, without the appointment of any Vice-chancellor or
deputy, he contrived to keep down the arrears of causes In
his Court, and to give general satisfaction.
As a statesman, he gained great credit by protesting Opposed
against the proposed marriage between Prince Henry and ^.^^^^
the Princess Dowager of Wales, pointing out the objections 'Prince
-to the legality of such a union, and the serious difficulties in cattienn",
which It might afterwards involve the affairs of the nation ; widow of
• • Arthur
but his advice was neglected on account of the cupidity of
Henry, who was not only unwilling to refund the half of the
lady's large dowry which he had received, but was impatient
to have the remaining half of it In his coffers.
Lord Chancellor Warham was not connected with any
parliamentary proceedings of much Importance during this
* Hollinsh. ui. 506.

430

REIGN OP HENRY VIL

CHAP. XXVL

His pane
gyric on
Dudley,the
Attorney General,
afterwards
hanged, Jan. 1504.

Death of
Hen. VIL

Legislation
in his
reign.

Adminis
tration of
justice.

reign. Henry, calling parUaments very rarely, when they
did meet, had introduced the custom of opening the session
with a speech of his own. Instead of trusting to his Chancellor,
and there was nothing like free discussion In either House
while he was upon the throne.
With the assistance of Warham, and other such dexterous
men whom Henry had selected for his tools, he contrived, in
the latter part of his reign, to render himself nearly absolute.
Thus, in his last parliament, the Commons being desired by
the Chancellor to choose a Speaker, they found themselves
under the necessity, on his recommendation, of electing
Dudley, the Attorney General, who was then universally
execrated, and who was afterwards hanged, to the great joy
of the nation. The Chancellor confirmed the election with
much commendation of the new Speaker.
Perkin Warbeck being taken, and the Earl of Warwick,
the last male of the Plantagenet line being murdered under
the forms of law, there was a gloomy tranquUUty at the con
clusion of this reign, Henry leaving nothing to the Chan
ceUor, or any of his council, but the discharge of the routine
duties of their office.
After the death of the Queen, the Court was a little
amused by negotiations for a second marriage ; but, on the
22d of April, 1509, the gloomy tyrant was carried off by a
sudden fit of Illness, In the fifty-second year of his age, and
the twenty-fourth of his reign ; and his courtiers and subjects
did not affect to disguise their satisfaction at the event.
Although no transfer of the Great Seal Immediately fol
lowed the demise of the Crown, we must here pause to
take a short retrospect of jurisprudence during this reign.
Although it be looked upon as an era In our annals, and
the commencement of modern history, it was not marked by
any Important legislative acts, or by any change in the con
stitution of our tribunals, beyond the remodeUing of the
Star Chamber.*
Henry's common law judges were men of ability; but
they rendered themselves most odious by their rigorous en-

* .3 Hen. 7. c. 1.

STATE OP THE LAW. 431
forcement of obsolete penal laws, for the purpose of swelling CHAP.
the revenue. ^^"^^•

The Chancellors exercised, without disturbance, the equity Equity
jurisdiction which had been so much attacked in preceding {"^^^ '"'
reigns; but we cannot much admire their reasoning in
deciding the cases which came before them.
A judgment of Lord Chancellor Morton's may be given as
a specimen. Two persons being appointed executors, one of
them released a debt due to the testator without the assent
of his companion, who filed a bill in Chancery, suggesting,
that on this account the will could not be performed, and
praying relief against the other executor and the debtor, to
whom the release was granted. Objection was made that
there was no ground for Interference, as one executor, by the
common law, may release a debt. Archbishop Morton, Lord
Chancellor, ¦ — " It is against reason that one executor should
have all the goods, and give a release by himself. I know
very well that every law shoidd be consistent with the law of
God ; and that law forbids that an executor should indulge
any disposition he may have to waste the goods of the tes
tator ; and if he does, and does not make amends. If he Is
able, he shall be damned In hell." *
Equity decisions, at this time depended upon each Chan
cellor's peculiar notions of the law of God, and the manner in
which Heaven would visit the defendant for the acts com
plained of in the Bill ; and though a rule Is sometimes laid
down as to where " a subpoena will lie," that Is to say, where
there might be relief in Chancery, it was not till long after
that authorities were cited by Chancellors, or that there was
any steady reference by them to "the doctrine of the Court."
In this reign no attention was paid to the Improvement of
the laws or the administration of justice, except, with a view
to extorting money from the subject and amassing treasure
In the Exchequer, and the Chancellors were much employed
In assisting Inferior agents to enforce dormant claims of the
Crown agamst the owners of estates, and in compelling cor
porations to accept new charters for the sake of fees.
• Y. B. 4 Hen. 7. 4. b.

432 REIGN OF HENRY VIIL
CHAP. A blighter prospect was now supposed to open on the
^^^" nation. Instead of a monarch jealous, severe, and ava-
Accession licious, who receded from virtue as he advanced in years, a
viii™'^^ young prince of eighteen had succeeded to the throne, who,
even In the eyes of men of sense, gave promising hopes of his
future conduct, and was possessed of qualifications In a high
degree to dazzle and captivate the multitude. He nominally
took upon himself the government without Protector or
Regent, but Warham the Chancellor had the chief sway, till
It gradually waned under the superior ascendency acquired
by Wolsey over the youthful sovereign.
Warham There Is no memorandum of the deUvery of the Great
Chancellor. Seal by Henry VIII. to Warham, but there can be no doubt
that he continued Chancellor from his appointment in the
preceding reign until his resignation in the year 1515. He
Is said to have been now placed at the head of the CouncU, as
the least unpopular of the ministers of the late King, by the
advice of Margaret Countess of Richmond, who stUl sur
vived, and being much celebrated for prudence and virtue,
had great Influence over her royal grandson.
The Chancellor in his capacity of Archbishop of Can
terbury, placed the crown on Henry's head, and there being
then no Prince of the blood, was the first subject In rank at
the ceremony, uniting In himself the highest ecclesiastical
and civil offices in the realm.
StUl op- A great question Immediately arose which divided the
Henry's CouucU, and the ChanceUor, adhering to his original opinion,
marriage stood alone upon It against all the other members : this was
therine,' the Completion of the King's marriage with Catherine of
Aragon, the widow of his brother. Prince Arthur. The
virtues of the Princess and the advantages of the match
were universally admitted; but Warham, as a Churchman,
still doubted its validity, and, as a statesman, foresaw the
momentous consequences of its being afterwards questioned,
and therefore he now strongly remonstrated against It, though
if broken off a large dowry was to be returned, and the King
of Spain, from being a firm and valuable ally, might be con
verted into a bitter and formidable enemy. Had the Chan
cellor's opinion prevaUed, England might have remained a

LORD CHANCELLOR WARHAM. 433
Roman Catholic country; but the Countess of Richmond chap.
. . , XXVI
took part with the majority ; Henry, not much Inclined to  '

this arrangement of convenience, thought he was bound to
fulfil the promise given In his father's life-time, and the
marriage took place which produced our boasted Reform
ation. Things went on very smoothly with the Chancellor for Improperly
some years. Not much to his credit, he concurred In the prosecution
punishment of Empson and Dudley, whose obnoxious pro- "'^^'^p^'^"
ceedings he had countenanced in the former reign, and for ley,
which Indeed he was himself responsible, as being at the
head of the administration of justice ; but he did not choose
to oppose the strong cry for their execution, and he saw
them suffer for actual offences to which he was privy, on a
pretended charge of, treason of which he must have known '
that they were innocent.
Parliament assembling on the 21st of January, 1510, and Aparlia-
the King being on the throne, the Chancellor by his command „, ¦ ,
opened the session according to ancient fashion with a speech lor's speech
from the text, — " Deum timete, Regem honorificate." * Hoi^es
After various commentaries upon fear and honour, he said It
behoved Kings to govern wisely, and explained the duties of
the different officers trusted with the affairs of the public.
The Judges rightly and duly administering justice, he said,
were the eyes of the Commonwealth ; the learned expositors
of the laws he styled the tongues of It. Others were the
messengers of the government, as the sheriffs and magistrates
of cities and counties; the former of which who did not
execute their offices rightly, he compared to Noah's raven.
Others were the pillars of the government, as juries of twelve
men are. " Lastly,'' says the reporter, " cum magno audi-
entium plausu, he went upon the state of the whole kingdom,
and urged that it was the real Interest of each separate body,
spiritual, temporal, and commonalty, to unite In supporting
th'fe Crown ; that justice which Is the queen of virtues may be
auspicious in the nation ; that both bishop and peer may
join in reforming the errors of past times ; In utterly abo
lishing aU iniquitous laws; In moderating the rough and
• 1 Pari. Hist. 575.
VOL. I. F F

434

REIGN OF HENRY VIII.

CHAP. XXVL

His advice
to soldiers
in the field.

Warham's
last address
to the two
Houses.

severe ones ; In enacting good and useful statutes, and when
made to see that they should be faithfuUy, honestly, and
Inviolably observed; — which If this parliament will perform,
then he affirmed that there was no one could doubt but that
God should be feared, the King honoured, and for the future
the Commonwealth served with good counciUors every way
useful to the King and kingdom." *
The great applause of the audience arose from the beUef
that the Chancellor, In his conclusion, alluded to the harsh
laws and the harsh administration of them which had charac
terised the late reign. In a few days he carried through
the House of Lords the act for the attainder of Empson and
Dudley, and it passed nemine contradicente.
Lord Chancellor Warham again opened the parUament
which met on the 4th of February, 1512, with a speech in
the King's presence from this text, — " Justitia et pax os-
culatae sunt," in which, rather whimsically for an Arch
bishop, he explained how war was to be carried on suc
cessfully : " He added further, what was absolutely necessary
In those that took the field and hoped for victory, first, that
they should walk in the ways of the Lord, and In him alone
place their dependence ; — that every man should keep the
post he was ordered to, — and that each Individual should be
content with pay and should avoid plunder." On a subsequent
day the Lord Chancellor went down to the Commons and
made them another speech, explaining the treacherous pro
ceedings of the King of France, and pressing for a supply.f
The last parliament In which Warham presided, was that
which met on the 5 th of February, 1514, when he took for
his text, — "Nunc Reges Intelllgite, erudlmlnl qui judlcatis
terram." Having dwelt at great length on the duties of a
King, " he added what qualities belonged also to good coun
cillors, viz. that they should give such counsel as was hea
venly, holy, honourable to the King and useful to the
Commonwealth ; that they should be speakers of truth and
not flatterers ; firm and not wavering, and neither covetous
nor ambitious." %

* 1 Pari. Hist. 476.
\ Ibid. 478.

t Ibid. 479.

LORD CHANCELLOR WARHAM, 435
A Speaker being chosen and approved, — a few days after- CHAP.
wards the Lord Chancellor, attended by the Archbishop of

York, the Bishops of Winchester and Durham, the Earl of Makes a
Surrey, Lord Treasurer, with other Peers, went down to the speech in
House of Commons, and made another speech to induce them Commons.
to grant a liberal supply. These visits appear to have been
well taken by the Commons, Instead of being treated as a
breach of privilege, and they rescue the memory of Wolsey
from the imputation of having done a violent and unpre
cedented act when, being ChanceUor, he paid a visit to the
Commons and remonstrated with them on their tardiness In
voting money for the King's use, — which has been considered
by some almost as great an outrage as that committed by
Charles, when he burst into the House to arrest the five
members In their places. On the present occasion Lord Abuse of
Chancellor Warham, to take advantage of national antipathy,
and to stimulate the liberality of the Commons, told them
"that the Scotch had lately at several times done great
injuries to the King's subjects, both by land and sea, and
were daily meditating more ; by which attempts His Majesty,
being sufficiently provoked, had determined to declare war
against them. Therefore he exhorted the Commons " dili
gently to consider these things, and the King's necessary
expenses In the defence of the kingdom." *
Soon after, he had a matter of great deUcacy to decide In Dispute as
the Lords. Thomas Earl of Surrey, the eldest son of the of the Earl
Duke of Norfolk, being called to the Upper House in his ?f S""ey
father's lifetime, claimed there the precedence over all Earls, House of
to which he was entitled out of parUament, a claim which was ^^^^^
most resolutely resisted. Garter King at Arms and the other 1415. '
heralds were called In ; but they declared that, " though well
skUled In the genealogy of Peers, — as concerning superiority
of seats in parliament they could not determine." Whereupon,
the question was referred to the Lord Chancellor, who, after
time taken to consider and to negotiate between the parties,
declared and decreed, " that the Earl of Surrey, with much
» 1 Pari. Hist. 481
T T 2

436

REIGN OF HENRY VIII.

CHAP. XXVL

Warham
undermined by
Wolsey.

Driven to
resign.

humUity and discretion, had agreed to content himself vtith
his place in parliament according to his creation, and not
dignity ; provided always, that his place of honour and dig
nity out of parliament should be reserved to him, and that,
if hereafter any ancient records should be found in the Tower
of London, or elsewhere, proving the said pre-eminent place
in parUament to belong to the said Earl, then the said seat
should be restored unto him, notwithstanding this present de
cree against him."* We need not wonder that great Interest
was taken In this controversy, and that no small discretion
was required to bring It to a peaceable termination, when we
remember that the claimant was warmly supported by his
father, now restored to the Dukedom of Norfolk, who was
lately returned from Flodden Field, where, by his superior
generalship, the King of Scotland and all the prime nobility
of that kingdom had bit the dust, and the Scottish nation
had sustained the most fatal defeat recorded in their annals.
This was the last memorable act of Warham, as Chancellor.
He had for some time been carrying on an unequal contest
which he could support no longer. Wolsey had completely
established himself in the favour of the King, was already
prime minister with unlimited power, and, having obtained a
cardinal's hat, with the appointment of legate a latere from
the Pope, even In ecclesiastical matters, he affected supre
macy. Nothing in England was wanting to his ambition,
except the possession of the Great Seal. Warham had con
ducted himself so unexceptionably, that there was great diffi
culty In forcibly depriving him of it, and Wolsey's policy
therefore was by a series of affronts and disgusts to Induce
him to resign It. When they were together In public, he
assumed greater state and splendour ; he Irregularly paraded
the cross of York, in the province of Canterbury; he In
terfered with the jjatronage and the jurisdiction of the Great
Seal ; and he caused the retainers and officers of the Chan
cellor to be insulted.
Warham, conscious that it would be vain to appeal to the
King, who was rather weary of his services, on the 22d of

» 1 Pari. Hist. 482.

LORD CHANCELLOR WARHAM. 437'
December, 1515, resigned the Great Seal into His Majesty's CHAP.
hands, and the same day It 'was bestowed on the haughty
Cardinal, who now possessed greater power than has ever
belonged to any subject in England,
Warham left behind him In Westminster Hall a high re- His cha-
putatlon for strictly watching over the admmistration of jus- f^'-'^'' ^^ *
tice. It was said of him that " in his own Court no Chancellor
ever discovered greater Impartiality or deeper penetration of
judgment, and that none of his predecessors who were eccle
siastics had equalled him in a knowledge of law and equity."*
He now wholly retired from politics, employing himself in His occu-
the duties of his diocese and in literary pursuits, which he retireme'nt.
soon found more agreeable than judicial drudgery, or the
anxieties of office. He not only resumed with ardour the
studies In which he had once gained distinction, and which
he had long been obUged to suspend, but he became famous
as a patron of learning and the learned. So much was he Still in-
now respected and admired, that he excited the envy of woUey'^
Wolsey, who, though himself In the possession of supreme
power, still tried to vex and to humble him by extended
usurpation on his metropolitan jurisdiction and increased in
solence when^they necessarily met. Wolsey, with legatine
authority, acted as If he had actually worn the triple crown,
and as if the Pope were vested with absolute authority to
dispose of all ecclesiastical preferment In England, and to
tyrannise both over the clergy and the laity. Warham, meek a.d. 1518,
as he was, found himself compelled to make complaint to the ^°^^ ^'"^
King, and .to Inform him of the discontents of the people. King.
Henry displayed a gracious manner, professed his ignorance of
the whole matter, and said, " The master of the house often
knows least what Is passing in It. But do you, father, go to
Wolsey, and teU him If any thing be amiss that he amend it."
The royal command was obeyed, and an admonition so ad
ministered (as might have been expected), only served to
augment Wolsey's enmity to Warham.
For years the Ex-chanceUor was obUged quietly to sub- ^.n. 1527.
mit to the 111 usage he experienced ; but at last, as the \yolsev
* Stowe, 504.
F F 3

438 REIGN OP HENRY VIII.
CHAP, consequence of a measure which he himself had so strenuously
^^^^- opposed, he had the satisfaction of seeing his rival disgraced

and ruined. The controversy arose respecting the validity of
the King's marriage with Catherine of Aragon. Along with
all the EngUsh prelates, except Fisher, Bishop of Rochester,
Warham concurred In the opinion that the Pope's Ucence to
permit a man to marry his brother's widow was ultra vires,
and that the marriage, being uncanonical, Henry was entitled
to a divorce.
A.D. 1529. When Wolsey's duplicity and finesse at last terminated in
w'hether ^^^ downfall, It Is said that the office of ChanceUor was again
Warham offered to Warham ; but that he declined It on account of his
offered the age and infirmities.* I doubt this offer ; for Henry had now
Great testified a great inclination to break with Rome, and Warham
oeal ? ^ ^ ^
openly declaring himself a champion of the papal see, had
latterly shown himself adverse to the divorce, unless with the
fuU consent of his Holiness.
Counte- jJe continued to live at a distance from the Court, and to
Holy Maid associate with those who were for supporting the papal
of Kent. supremacy. Shortly before his death. he even weakly coun
tenanced the imposture or delusion of the Holy Maid of Kent.
The vicar of the parish where she lived went to Warham, and
having given him an account of EUzabeth's pretended revela
tions, wrought so far on the aged and superstitious Prelate,
as to receive orders from him to watch her In her trances, and
carefully to note down all her future sayings. The regard
paid her by a person of such high rank, who was supposed to
be very discerning from having so long held the office of
Lord Chancellor, rendered her more than ever an object of
attention, and persuaded the multitude that her ravings were
the inspirations of Heaven, — till the fraud was exposed In the
Star Chamber, and she and her chief associates were hanged
at Tyburn. No attempt was made to Include Warham In the
prosecution.
His death. In 1532, he died at St. Stephen's, near Canterbury; and,
according to his own desire, without funeral pomp was buried
in a smaU chapel which he had erected In the cathedral for
his tomb. * Erasmus, Ep. 1151.

LORD CHANCELLOR WARHAM. 439
When on his death-bed, he asked his steward what money chap.
he had in the world, and was answered, " Thirty pounds : " he
exclaimed, '* Satis vlatlcl In ccelum." His effects were found conduct on
hardly sufficient to pay his debts and the small expense of death-bed,
his funeral.
His great glory was his connection with Erasmus. He His friend-
had early formed a friendship with this distinguished scholar ship with,
.. -^ . ^ , Erasmus.
— had constantly corresponded with him — had induced him to
visit England — had given him church preferment here, — and
had made him munificent presents.
Erasmus showed his gratitude by dedicating to his patron Character
his Edition of the works of St. Jerom, In terms the most l^ e"^''.*'"
flattering ; and by celebrating his praises In letters addressed mus.
to literati on the Continent of Europe. I offer the translation
of one of these written shortly after the Archbishop's death,
as the best account of his character and his manners : —
" I have the most tender recollection of a man worthy to
be held In perpetual honour, William Warham, Archbishop
of Canterbury, and Primate of all England. He was a theo
logian In reality as well as by title, and profoundly versed
both In the civil and canon law. He early gained reputation
by his skilful conduct of foreign embassies Intrusted to him ;
and, on account of his consummate prudence, he was much
beloved and esteemed by King Henry VII. Thus he rose to
be Archbishop of Canterbury, the highest ecclesiastical dig
nity in the Island. Bearing this burden. Itself very weighty,
one heavier still was Imposed upon him. He was forced to
accept the office of ChanceUor, which, among the English, Is
attended with regal splendour and power. Aa. often as he
goes into public, a crown and sceptre are carried before him.*
He Is the eye, the mouth-piece, and the right hand of the
Sovereign ; and the supreme Judge of the whole British
empire. For many years, Warham executed the duties of
this office so admirably, that you would have supposed he
was born with a genius for It, and that he devoted to It the
whole of his time and thoughts. But all the while he was so
constantly watchful and attentive with respect to reUglon,
* I presume the purse and the mace. Erasmus may have seen Wolsey with
his crosses, pillars, and poll-axes, F F 4

440 REIGN OF HENRY VIII.
CHAP, and all that concerned his ecclesiastical functions, that you
^^^^' would have supposed he had no secular cares. He found
leisure for the strict performance of his private devotions —
to celebrate mass almost dally — to hear prayers read several
times a day — to decide causes in his Court — to receive
foreign ministers — to attend cabinets — to adjust all disputes
which arose In the church — to give dinners to his friends,
whom he often entertained In parties of two hundred — and,
along with all this, for reading all the Interesting pubUcatlons
which appeared. He proved himself sufficient for such a
multiplicity of avocations, by wasting no portion of his time
or his spirits In field sports, or in gaming, or In idle con-
» versation, or In the pleasures of the table, or In any profligate
pursuit. HIs^ only relaxation was pleasant reading, or dis
coursing with a man of learning. Although he had bishops^
dukes, and earls at his table, his dinners never lasted above
an hour. He appeared in splendid robes becoming his
station ; but his tastes were exceedingly simple. He rarely
suffered wine to touch his lips ; and, when he was turned of
seventy, his usual beverage was small beer, which he drank
very sparingly. But while he himself abstained from almost
every thing at table, yet so cheerful was his countenance, and
so festive his talk, that he enlivened and charmed all who
were present. He was the same agreeable and rational com-
pa-nion at all hours. He made it a rule to abstain entirely
from supper ; yet, if his friends (of whom I had the happiness
to be one) were assembled at that meal, he would sit down
along with them and promote their conviviality, but would
hardly touch any food himself. The hour generally devoted
to supper he was accustomed to fill up with prayers or read
ing, or with telling witty stories, of which he had great store,
or freely exchanging jests with his friends, — but ever without
Ul-nature or any breach of decorum. He shunned Indecency
and slander as one would a serpent. So this Illustrious man
made the day, the shortness of which many allege as a pre
text for their idleness, long enough for aU the various public
and private duties he had to perform." *
* " Hie mihi succurrit vir omni memoria seculorum dignus Gmlhelmus
Waramus, Arch. Cant, totius .-inglire primas : non ille quidem titulo, sed re

LORD CHANCELLOR WARHAM. 441
Warham was much flattered by the compliments which In chap.
his lifetime he knew that Erasmus had paid him, and thus ^^VI.
expresses his acknowledgments : —
" Since through you I am to enjoy lasting fame, a boon Letter of
denied to many great kings and commanders who have to^r^"
utterly vanished from the memory of mankind, unless that mus.
their names may be found In some dry catalogue, — I know not
what In this mortal life I can offer you In return for the Im
mortality you have conferred. I am overwhelmed when I *
think of the flattering mention you have made of me In con
versation, in letters, and in the works you have given to the
world. You would set me down for the most ungrateful of '
men if I did not show a deep sense of your kindness, however
theologus ; erat enim juris utriusque doctor, Legationibus aliquot feliciter
obeundis inclaruit, et Henrico Septimo, summs prudentia3 principi, gratus
caru=que factus est. His gradibus evectus est ad Cantuarensis ecclesia fasti-
gium, cujus in ea insula prima est dignitas. Huic oneri, per se gravissimo,
additum est aliud gravius, Coactus est suscipere Cancellarii munus, quod
quidem apud Anglos plane regium est ; atque huic uni honoris gratia, quoties
in publicum procedit, regia corona sceptro regio imposito gestatur. Nam hie
est velut oculus, os, ac dextra regis, supremusque totius regni Britannici judex.
Hanc provinciam annis compluribus tanta dexteritate gessit ut diceres ilium ei
negotio natura, nulla alia teneri cura. Sed idem in his qu£e spectabant ad
religionem et ecclesiasticas functiones, tam erat vigilans et attentus, ut diceres
eum nulla externa cura distringi, Sufficiebat illi tempus ad religiose persol-
vendum solenne precum pensum, ad sacrificandum fere quotidie, ad audiendum
praeterea duo aut tria sacra, ad cognoscendas causas, ad excipiendas legationes,
ad consulendum regi si quid in aula gravius extitisset, ad visendas ecclesias,
sicubi natum esset aliquid quod moderatorem postularet, ad excipiendos con-
vivas saepe ducentos ; denique lectioni suum dabatur otium. Ad tam varias
curas uni sufficiebat et animus et tempus, cujus nullam portionem dabat ve-
natui, nullam al#ae, nullam inanibus fabulis, nullam luxui aut voluptatibus.
Pro his omnibus oblectamentis erat illi vel amoena quajpiam lectio vel cum
erudito viro colloquium. Quanquam interdum episcopos duces et comites
haberet convivas, semper tamen prandium intra spatium bora; finiebatur. In
splendido apparatu, quem ilia dignitas postulat, dictu incredibile quam ipse
nihil deliciarum attigerit. Raro gustabat vinum, plerumque jam turn septua-
genarius hibebat pertenuem cerevisiam quam illi b'lriam vocant, eamque ipsam
perparce. Porro, quum quam minimum ciborum sumeret, tamen comitate
vultus ac sermonum festivitate omne convivium exhilarabat. Vidisses eandem
pransi et impransi sobrietatem. A coenis in totum abstinebat ; aut si contigis-
sent familiares amici, quorum de numero nos eramus, accumbebat quidem, sed
ita, ut pene nihil attingeret ciborum : si tales non dabantur, quod temporis
ccenae dandum erat, id vel precibus, vel lectioni impendebat. atque ut ipse lepo-
oribus scatebat mire gratis, sed citra morsum atque ineptiam, ita liberioribus
jocis amicorum delectabatur : a scurrilitate et obtrectatione tam abhorrebat
quam quisquam ab angue. Sic ille vir eximius sibi faciebat dies abunde longos,
quorum brevitatem multi causantur." Erasmus likewise delivers an elaborate
panegyric on Warham in his commentary on 1 Thess. ii. 7,, and several of his
other letters, but without descending to such interesting particulars of his
private life as are here disclosed.

442 REIGN OF HENRY VIII.
CHAP, unworthy I may be of the praises you have showered upon
XXVL  )) »

General Although Warham does not occupy the great space in the
estimate of g^g q£ posterity which he had fondly anticipated, he must be
Warham, regarded with respect as a man who had passed through the
highest offices with general applause, — and who. If he did not
by any extraordinary talents influence the events of his age
and Improve the Institutions of his country, could not be
accused of any public delinquency, or (with the exception of
his countenancing the prosecution of Empson and Dudley)
of ever having treated any individual with injustice.
* " Quum non illaudati nominis jeternitatem per te sim consecutus, qua multi
praeclari reges et imperatores carent, et a memoria hominum penitus exciderunt,
nisi quod tantum vix nominum eorum catalogus, et id jejune quidem fiat, non
video quod satis sit in hac mortali vita quod pro immortalitate reddam. Cogito
enim quanta mihi tribueris ubique, vel prsesens per colloquial vel absens per
literas, aut communiter per volumina : quee quidem sunt majora, quam susti-
nere valeam. Judicabis ergo Cantuariensem ingratissimum nisi tui sit habi-
turus rationem constantissimara, licet meritis inaequalem et inferiorem," — a.d,
1516,

LORD CHANCELLOR CARDINAL WOLSEY. 443

CHAPTER XXVIL
LIFE or CAEDINAL WOLSET FROM HIS BIRTH TILL HIS APPOINT
MENT AS LOED CHANCELLOE.
r We now come to the life of the man who enjoyed more chap.
/ power than any of his predecessors or successors who have xxvii,
/ held the office of Chancellor in England. '
Thomas Wolsey, destined to be Archbishop of York, Wolsey the
\ Legate a latere, Lord Chancellor, and for many years master butcher,
\ of the King and kingdom, was born at Ipswich, In Suffolk,
*>In the year 1471, and though "fashioned to much honour,"
was " from an humble stock," being the son of a butcher in
that town.*
* Some of his admirers have, without reason, questioned the particular voca- Proofs,
tion of his father ; for that he was the son of a low tradesman in a country town
is admitted. It cannot detract from his merit that his father was a butcher, and
the fact stands on strong evidence. In his own lifetime he was called " the
butcher's dog ; " and Shakspeare, who must have conversed with persons who
well recollected ^he Cardinal, puts these words into the mouth of Buck
ingham : — " This butcher's cur is venom-mouth'd, and I
Have not the power to muzzle him."
His origin from the " boucher's stall " is distinctly averred in the contemporary
satire of " Mayster Skelton, poete laureate ; " —
, " He regardeth Lordes
No more than pot shordes,
He ruleth al at wiU
Without reason or skyll,
Howbeit they be prymordyall :
Of his wretched originall.
And his base progeny,
And his gresy genealogy.
He came out of the sanke roiall
That was cast out of a boucher^s stall."
Luther, in his Colloquies, calls him " a butcher's son." Polydore Virgil speaka
of his father as " a butcher ; " and FuUer, in his Church History, observes,
that, " to humble the Cardinal's pride, some person or other had set up in a
window belonging to his college, at Oxford, a painted mastiff dog gnawing the
spade bone of a shoulder of mutton, to remind him of his extraction." Godwyn
says, " Patre lanio pauperculo prognatus est." If his father had been of any
(jfher trade, the fact might have been easily established; but Cavendish, his
gentleman usher and biographer, who must have heard the assertion hundreds
of times, is contented with saying that " he was an honest poor man's son," and
the only supposed contradiction is the father's will, showing that he had houses
and property to dispose of, which he might as well have acquired by slaughter
ing cattle, as by any other occupation. — The will shows him to have been a very
pious Christian. After leaving his soul to " Almyhty God, our Lady Sent Mary,
and to all the company of Hevyn," he says, " itm, I wyll that if Thomas my son

444

LIFE OP

CHAP.
XXVIL
Sent to the
University,

Wolsey
*'the boy
Bachelor."

Fellow of
Magdalen,
and school
master.

Tutor to
sons of
Marquess
of Dorset.

Wolsey a
country parson.

From his cradle he is said to have given signs of those
lively parts which led to his buoyant career, but we possess
no particulars of his early domestic Ufe to throw Ught on the
formation of his character; and, till he was sent to the
University, nothing has reached us respecting his studies, ex
cept a statement that the indications of genius he displayed
induced some of his townsmen to assist his father In main
taining him at Oxford. He was entered of Magdalen College
when still of tender years, and he made such proficiency that,
when only fifteen, he took his Bachelor's degree with great
distinction, gaining the honourable soubriquet of " the boy
Bachelor." In the very zenith of his fortune he used to
boast with laudable vanity of this appellation, as the best
proof of his early devotion to literature.
At an early age he was elected a fellow of Magdalen,
and there being a school connected with the college accord
ing to the usage then prevailing, he was appointed head
master. He dedicated himself with great diligence and
success to the duties of this humble office. While so occu
pied, he formed an acq^ialntance with Sir T. Moore, then an
undergraduate, and with Erasmus, who had taken up his
residence at Oxford.
The probability at this time was, that" he would spend the
rest of his days in the University, and that bis ambition (which
could not have aspired higher) might be crowned with the
headship of his college. But It so happened that he had for
pupils three sons of the Marquess of Dorset, and during a
Christmas vacation he accompanied them to the country-seat
of their father. Wolsey was now in his twenty-ninth year, of
great acquirements, both solid and ornamental, — remarkably
handsome In his person, insinuating in his manners, and
amusing in his conversation. The Marquess was so much
struck with him, that he at once proffered him his friend
ship, and as a token of his regard presented him to the
rectory of Lymlngton, In Somersetshire, which theii happened
be a prest wtin a yer next after my decesse, yan I wyUe that he syng for me and
ray frends be the space of a yer, and he for to haue for his salary x marc." The
will bears date September, 1486, and was proved in the month of October fol
lowing. The testator signs himself Robert Wuley, but by this name the son was
known, till he changed it euphonies causa.

LORD CHANCELLOR CARDINAL WOLSEY. 445
to fall vacant. Wolsey accordingly took orders, and was CHAP.
instituted as parson of this parish on the 10th of October, XVII.
1500. He immediately renounced his school and other col
lege appointments, — the more readily on account of a charge
brought against hun, that he had misaj)plled the college funds.
While bursar, he had erected the tower of Magdalen College
chapel, known by the name of " Wolsey's tower," still ad
mired for the chaste sImpUcity and elegance of its archi
tecture, and he was accused of having clandestinely diverted
a portion of the revenue, over which his office of bursar gave
him control, to the expense of this edifice, — a heinous offence
In the eyes of the fellows, while lamenting their diminished
dividend. He certainly seems to have been betrayed into
considerable Irregularity In this affair from his passion for
building, which adhered to him through life ; but there is no
reason to suspect that he personally derived any pecuniary
advantage from it.
Suddenly emerging from the cloisters of Magdalen, in Wolsey
which he had been hitherto immured, - — • when he took posses- ^^^ '," *J'^
. stocks for
sion of his living, he seems for a time to have indulged In drunken-
levities not becoming his sacred calling. By his dissolute ".^^^. ^'^'^
° _ . . . ' riotrag at a
manners, or perhaps by his superior popularity, he incurred fair.
the displeasure of Sir Amyas Paulet, a neighbouring justice
of the peace, who lay by for an opportunity to show his
resentment. This was soon afforded him. Wolsey, being of
" a free and sociable temper," went with some of his neigh- '
hours to a fair In an adjoining town, where they all" got very
drunk, and created a riot. Sir Amyas, who was present,
selected " his Reverence " as the most guilty, and convicting
him " on the view," ordered him to be set In the stocks, and
actually saw the sentence carried Into Immediate execu
tion. " Who," says Cavendish, in relating this adventure,
" would have thought then that ever he should have at
tained to be Chancellor of England ! These be wonderful
works of God and fortune." *
Wolsey afterwards had his revenge of Sir Amyas. " For His re-
when the schoolmaster mounted the dignity to be Chancellor ^"^e^f Lo,,^
Chancellor,
* Cav. 69.

446

LIFE OF

CHAP.
XXVIL

Wolsey
leaves his
parish.

of England, he was not oblivious of the old displeasure mi
nistered unto him by Master Pawlet, but sent for him, and
after many sharp and heinous words, enjoined him to attend
upon the CouncU until he were by them dismissed, and not
to depart without licence upon an urgent pain and for
feiture."* According to this writer, — for having so affronted
the country parson, " Sir Amyas was in reality detained a
prisoner in his lodging, in the Gate House of the Middle
Temple, next to Fleet Street, for the space of five or six
years, although he attempted to appease the Chancellor's
displeasure by re-edifying the house, and garnishing the out
side thereof sumptuously with hats and arms, badges and
cognizances of the Cardinal, with other devices In glorious
sort." This anecdote, which rests on undoubted testimony.
Is not very honourable to Wolsey, who, even If he had been
wrongfully put In the stocks, ought not, when Chancellor, to
have perverted the law to revenge the wrongs of the country
parson. The discipline he then underwent seems to have
had a salutary effect upon him ; for although he did not by
any means reform so far as to become faultless in his manners,
we do not find him afterwards guilty of any public breach of
decorum. This mischance happened when Wolsey had been about
two years resident at Lymlngton, and he soon after left the
country, — as some assert from the scandal It had caused, —
but I believe from the necessity he felt of finding a new patron,
the Marquess of Dorset, to whom he looked for promotion,
having suddenly died. We may suppose that, conscious of
his powers, he was glad to leave this rural retreat where they
could so little be appreciated. Storer, who published his
biographical poem of Wolsey in 1599, describes his feelings
on this occasion with some feUcity :

" This silver tongue raethought was never made
With rhetoric's skill to teach each common swain ;
These deep conceits were never taught to wade
In shallow brooks ; nor this aspiring vein
Fit to converse among the shepherd train.

• Cav. 68.

LORD CHANCELLOR CARDINAL WOLSEY. 447
" Just cause I saw my titles to advance, CHAP,
Virtue my gentry, priesthood my descent, XXVII,
Saints my allies, the cross my cognizance,
Angels the guard that watch'd about my tent, ,— — ^_«
Wisdom that usher'd me where'er I went."
He was soon received as chaplain In the famUy of Deane, Chaplain
Archbishop of Canterbury, — a proof that his fame had not b°sifo'^''''o'f
sustained any permanent blemish, and he was gaining the Canter- ^
goodwill of those around him when he was again thrown upon ^^^'
the world by the death of the Primate.
However, he was almost immediately after engaged as To the
domestic chaplain by Sir John Nanfant, " a very grave and of^Caiais^
ancient knight," a special favourite of Henry VII. Sir John
held the important office of Treasurer of Calais, and Wolsey
now behaved himself so discreetly, that he obtained the spe
cial favour of his new master, and all the charge of the office
was committed to him. He resided for a considerable time
at Calais, and must have materially improved his knowledge
of mankind by the variety of company with whom he here
mixed. But he panted still for a larger sphere of action, and. Chaplain
through the Interest of his employer, he was at last gratified yu^'^™^
with the appointment of chaplain to the King, and he was
transferred to the Court. " He cast anchor In the port of
promotion," says his biographer, or rather, he " got his foot in
the stirrup, resolved to outstrip every competitor In the race."
He had now occasion to be In the presence of the King daily. His success
— celebrating mass before him In his private closet ; and he *' '--°"''-
afterwards gave attendance upon the courtiers who he thought
bore most rule in the Council and were highest In favour.
These were Fox, Bishop of Winchester, Secretary and Lord
Privy Seal, and Sir Thomas Lovel, Master of' the King's
wards and Constable of the Tower. They soon perceived
his merit, and were disposed to avail themselves of his ser
vices. He Is said now to have displayed that " natural dig-1
nity of manner or aspect which no art can imitate, and which 1
no rule or method of practice will ever be able to form."*/
He was eminently favoured by nature In dignity of person,
and winning expression of countenance. According to Caven-
* Fiddes' Life of Wolsey, p, 11,

448 ,

LIFE OF

CHAP. |dlsh, he was celebrated for " a special gift of natural eloquence,
^^'^'^^- jwith a filed tongue to pronounce the same, so that he was
lable to persuade and allure all men to his purpose ; " or. In
/the words of Shakspeare, he was "exceeding wise, fair
I spoken, and persuading." He had, besides, a quick and cor
rect perception of character and of the secret springs of
action, and a singular power of shaping bis conduct and con-
i versation according to circumstances. The consequence was,
I that, placed among men of education and refinement, he
j seemed to exercise an extraordinary Influence over them,
amounting almost to fascination, — and this influence was not
the less powerful and enduring, that before superiors It was
unostentatious, and seemed to follow where It led the way. '
Fitting himself to the humours of all, we heed not doubt,
i that, with the cold-blooded, calculating, avaricious founder of
i the Tudor dynasty, he tried to make himself remarkable for
! the laborious assiduity, regularity, steadiness, and thrlftlness
/ of his habits.
However, he did not contrive to make any progress in the
personal Intimacy of Henry, till he was recommended to him
by Fox and Lovel to conduct a delicate negotiation, in which
the King took a very lively interest, and which he was desi
rous to see brought to a speedy conclusion.
Wolsey's Henry was a widower, with one surviving son and two
th^^'Em-*" daughters, and being only fifty years of age, he wished to enter
peror. Into another matrimonial alliance, in the hope of strengthen
ing the succession In his dynasty; and regardless of the
question as to the right to the throne, which if his son by
Elizabeth, the daughter of Edward IV., should die without
issue, might arise between a son by a second marriage, and
his eldest daughter of the first marriage, who would have been
" the white rose of England." The object of his suit was
Margaret, Duchess dowager of Savoy, only daughter of the
Emperor Maximilian. They having been sounded, were not
unfavourable to the aUiance, and It was necessary to employ
a person of great address to adjust with the Emperor in per
son some delicate matters connected with the marriage.
Wolsey being pointed out by Fox and Lovel, the King, who
as yet had scarcely ever personally convened with him, " and

LORD CHANCELLOR CARDINAL WOLSEY. ' 449
being a Prince of excellent judgment, commanded them to chap.
bring his chaplain whom they so much commended before his

Grace's presence. At whose repair thither, to prove the wit
of his chaplain, the King fell in communication with him In
matters of weight and gravity, and perceiving his art to be
very fine, thought him sufficient to be put in trust with this
embassy."* While the preparations were going forward,
" he had a due occasion to repair from time to time to the
King's presence, who perceived him more and more to be a
very wise man and of good intendment.'' j
Wolsey, having at last got his despatches from the wary Extraor-
Monarch, performed the journey with a celerity which even pidity of
astonishes us, accustomed to steam-packets and railways, and '*'* J"""^'
which in that slow-travelling age must have appeared almost
equal to the boasted exploit of Ariel. J The Court was then
at Richmond, and there taking leave of the King after
dinner, he arrived in London on a Sunday afternoon about
four o'clock. The Gravesend barge was ready to sail with a
prosperous tide and wind, and by her he arrived at Gravesend
In little more than three hours. There he tarried only tUl
post-horses were provided, and travelling all night he came
to Dover next morning, just as the passage- boat for Calais
was about to sail. He stepped on board, and in less than
three hours he landed at Calais. Here he Immediately got
post-horses, and galloping off he arrived that night at Bruges,
where the imperial Court lay. Maximilian, " whose affection
for Henry VII. was such that he rejoiced when he had
occasion to show him pleasure," received the ambassador
forthwith, and the next day he was despatched with aU the
King's requests fully accomplished, He was conducted back
to Calais with such a number pf horsemen as the Emperor
had appointed, and arrived at that city at day-break as the
gates were opened. The passage-boat for England was
about to sail, and before ten o'clock on Wednesday forenoon
he 'was at Dover. He had ordered post-horses to be In
readiness for him, and that night he reached Richmond. He
now took some repose, but rising early next morning he knelt
* Cavendish, 10, f H>id. 12,
j: " I'll put a girdle round the, earth in forty minutes," — Shaksp.
VOL. I. G G

450

LIFE OF

CHAP.
XXVIL

Rewarded
with the
deanery of
Lincoln.

before the King going from his bed-chamber to his closet
to hear mass. The King saw him with some surprise and
displeasure, and checked him for not having set out on his
journey. " Sir," quoth he, " if It may stand with your High
ness's pleasure, I have already been with the Emperor, and
despatched your affairs, I trust, to your Grace's contentatlon."
Thereupon he delivered to the King the Emperor's letters.
The King demanded of him whether he encountered not his
pursuivant whom he had sent after him yesterday, sup
posing him to be scarcely out of London, with letters con
cerning an Important matter neglected In his commission and
Instructions which he courted much to be sped. "Yes,
forsooth. Sire," quoth he, " I encountered him yesterday by
the way, and having no Information by your Grace's letters
of your pleasure therein, had notwithstanding been so bold
upon mine own discretion (perceiving that matter to be very
necessary) to despatch the same. And for as much as I
exceeded your Grace's commission, I most humbly require
your gracious remission and pardon." The King rejoicing,
replied, — " We do not only pardon you thereof, but also
give you our princely thanks, both for the proceeding
therein, and also for your good and speedy exploit," — com
manding him for that time to take his rest, and to repair
again to him after dinner, for the farther relation of his em-
^bassy. At the appointed time he reported his embassy to-the
King and Council with such a graceful deportment, and so
eloquent language, that he received the utmost applause, — all
declaring him to be a person of so great capacity and diligence
that he deserved to be farther employed.*
The deanery of Lincoln, reckoned one of the most valuable
preferments in the Church, was Immediately bestowed upon
* Cavendish declares that he had all these circumstances, as above related,
from Wolsey's own mouth after his fall. — Life, p. 78. Storer's metrical Life of
Wolsey has the following stanza on this expedition ; —
" The Argonautic vessel never past
With swifter course along the Colchian main,
Than my small bark with small and speedy blast
Convey'd me forth and reconvey'd again ;
Thrice had Arcturus driven his i-oUess wain,
And Heaven's bright lamp the day had thrice reviv'd,
From first departure till I last arriv'd."

LORD CHANCELLOR CARDINAL WOLSEY. 45 1
him: — he was marked as arising favourite, — and, had the chap
King's life been prolonged, there can be no doubt that, accom- ^^Vli-
mod-atlng himself to his Inclinations, Wolsey would have been
promoted under him to the highest offices both civil and eccle
siastical. But Henry, meditating his second marriage, was attacked AprU,
by a disease which carried him to the tomb, and Wolsey had ueaVh of
to concert fresh plans for his own advancement under a new Henry
. . VII.
monarch, only eighteen years of age, gay and frolicsome,
fond of amusement and averse to business, though not un
initiated In the learning of the schools. The royal chaplain,
while resident at Court, must have seen the Prince from time
to time, but hitherto had made no acquaintance with him, —
cautious In showing any accordance with the tastes of the
son, lest he should give umbrage to the father.
It luckily happened that the young Marquess of Dorset Wolsey in-
had been a very Intimate friend of Prince Henry, and by his the new
former pupil he was introduced to the new King. This ^'"S-
Introduction Is usually attributed to Bishop Fox, who, jealous
of his rival, the Earl of Surrey, the late King's High Trea
surer, is supposed to have Intended Wolsey as an Instrument
to keep up the interest of his own party at Court ; but In
reality all the old ministers had penetrated the Dean of
Lincoln's character, and become jealous of his influence.
Wolsey at once conformed to the tastes of the youthful Influence
Sovereign, and won his heart. He jested, he raUIed, he Wolsey ^
sang, he danced, he caroused with the King and his gay over Henry
companions, and in a very short time, by his extraordinary
address, he not only supplanted Surrey in the royal favour,
but also Fox his patron. He was sworn a Privy CounciUor,
and appointed King's almoner, an office which kept him In
constant attendance on the person of the Monarch In his
hours of relaxation, and thereby enabled him to acquire over
the mind of Henry an ascendency which was Imputed to the
practice of the magical art. It Is said, however, that although
Wolsey, for the purposes of ambition, countenanced irre
gularities at Court unsuitable to the presence of a priest, he
was careful, when any proper opportunity offered, to give
good advice to the King, as well in respect to his personal as
G G 2

452 LIFE OF
(UIAP. his political conduct, and highly tending on both accounts to
 '_ his advantage and Improvement. He would instil into his
mind a lesson on the art of government over a game at
primero, and after a roistering party with him at night, he
would hold with him in the morning a disputation on a
question out of Thomas Aquinas.
Wolsey As yct without any higher appointment about the Court
almoner to ^j^^^j^ ^^^^ £ Almoner, he soon made himself Prime Minister,
the King. ' _ _ ^
and exercised supreme power in the state. " The King was
young and lusty, disposed to all mirth and pleasure, and to
follow his desire and appetite, nothing minding to travail In
the busy affairs of the realm ; the which the Almoner per
ceiving very well, took upon him therefore to disburden the
King of so weighty a charge and troublesome business,
putting the King in comfort that he shall not need to spare
any time of his pleasure for any business that necessarily
happens in the Council as long as he being there, and, having
the King's authority and commandment, doubted not to see
all things sufficiently furnished and perfected, wherewith the
King was wonderfully pleased. And whereas the other
ancient councillors would, according to the office of good
councillors, persuade the King to have some time an Inter
course Into the Council, there to hear what was done In
weighty matters, the which pleased the King nothing at all,
for he loved nothing worse than to be constrained to do any
thing contrary to his royal will and pleasure, and that knew
the Almoner very well, having a secret Intelligence of the
King's natural IncUnation, and so fast as the other councillors
advised the King to leave his pleasures and to attend to the
affairs of his realm, so busily did the Almoner persuade him
to the contrary, which delighted him much, and caused him
to have the greater affection and love for the Almoner." *
Wolsey pushed his advantages; and not contented with
secret influence, was determined to chase from office those to
whom the public had. looked with respect as the ministers of
the Crown, and openly to engross all power in his own person.
He observed to the King, that while he intrusted his affairs
to his father's councillors, he had the advantage of employing
* Cavendish, RL'.

LORD CHANCELLOR CARDINAL WOLSEY. 453
men of wisdom and experience, but men, who owed not their chap.
promotion to his own personal favour, and who scarcely ^^VII.
thought themselves accountable to him for the exercise of their
authority; — that by the factions, and cabals, and jealousies
which prevailed among them, they more obstructed the ad
vancement of his affairs than they promoted It, by the know
ledge which age and practice had conferred upon them ; — that
while he thought proper to pass his time In those pleasures to
which his age and royal fortune Invited him, and In those
studies which would in time enable him to sway the sceptre
with absolute authority, his best system of government would
be, to intrust his authority Into the hands of some one person
who was the creature of his will, and who could entertain no
view but that of promoting his service ; — and that if the min
ister had also the same relish for pleasure with himself, and
the same taste for literature, he could more easily, at Intervals,
account to him for his own conduct, and Introduce his master
graduaUy into the knowledge of public business, and thus,
without tedious restraint or application, initiate him In the
science of government. *
Henry said, he highly approved of this plan of admlnlstra^ Wolsey
tion, and that he knew no one so capable of executing It as -^^^^^^
the person who proposed it. The two rival ministers of
Henry VIL, the Duke of Norfolk, and Bishop Fox, — who had
been continued In office by the advice of Margaret, Countess
of Richmond, the young King's grandmother, — were now
treated with neglect and disrespect, and retired from Court.
" Thus," says Cavendish, " the Almoner .ruled all them that
before ruled him ; such things did his policy and wit bring
to pass. Who was now In high favour but Master Almoner ?
Who had all the suit but Master Almoner ? And who ruled
all under the King but Master Almoner ? Thus he proceeded
still In favour. At last. In came presents, gifts, and rewards,
so plentifully, that he lacked nothing that might either please
Ills fantasy or enrich his coffers."
The first earnest of Henry's bounty to his favourite was Grants and
the grant, on the attainder of Empson, of a magnificent man-

prefer ments.

* Lord Herbert, Pol. Virg.
G G 3

454

LIFE OF

CHAP.
XXVII.

Wolsey
commis
sary-gene ral to the
army in
Prance.

AppointedBishop of
Tournay.

sion, with gardens. In Fleet Street, which had belonged to
that minister. He was soon after made Canon of Windsor,
Registrar and ChanceUor of the Order of the Garter, and Re
porter of the proceedings In the Star Chamber, and various
rectories, prebends, and deaneries were conferred upon him, —
having obtained an unlimited dispensation from the Pope to
hold pluralities in the church. On the resignation of the
Duke of Norfolk, in 1512, he was made Lord Treasurer, —
and, with the exception of Warham, the Lord Chancellor, who
still carried on an unequal struggle against his ascendency,
aU who filled the offices of state were his creatures and
dependents. The Life of Wolsey henceforth becomes the History, of
England and of the European states ; but I propose to confine
myself to those events and circumstances which may be con
sidered to belong to his personal narrative. *
In the year 1513, Henry going to war with France,
Wolsey was specially appointed by him to direct the supplies
and provisions for the use of the army, — or "Commissary
General," — a situation which gave him an opportunity of
amassing great wealth, and which, though seemingly Incon
sistent with his clerical functions, he justified himself for
accepting, on the ground that the Pope approved of the
expedition against Lewis XII. then at enmity with the See
of Rome.
He accompanied the King to the Continent, witnessed the
battle of " the Spurs," and assisted at the siege of Tournay.
When this city surrendered. It was found that the Bishop had
lately died, and that a new bishop had been elected by the
chapter, but had not yet been Installed, Henry claimed by

* " The variety and splendour of the lives of such men render it often diffi
cult to distinguish the portion of time which ought to be admitted into history,
from that which should be reserved for biography. Generally speaking, these
two parts are so distinct and unlike, that they cannot be confounded without
much injury to both ; either when the biographer hides the portrait of the indi
vidual by a crowded and confined picture of events, or when the historian allows
unconnected narratives of the lives of men to break the thread of history. Per
haps nothing more can be universaUy laid down than that the biographer never
ought to introduce public events, except as far as they are absolutely necessary
to the illustration of character, and that the historian should rarely digress into
biographical particulars, except as far as they contribute to the clearness of his
narrative of political occurrences." — Sir James Mackintosh.

LORD CHANCELLOR CARDINAL WOLSEY. 455
right of conquest the disposal of the office, appointed Wolsey CHAP.
to It, and put him In immediate possession of the temporaUtles.
This step was directly at variance with the canons of the
church, and at another time would have been resented by the
supreme Pontiff as a sacrUegious usurpation. Wolsey became
Bishop de facto, but his title to the see was afterwards ques
tioned, and was made the subject of long and intricate nego- *
tiatlons. On his return to England he was legitimately placed In Wolsey
the episcopal order, by being elected and consecrated Bishop Bishop of
of Lincoln. He is reproached for having been guilty of Lincoln.
great rapacity in seizing the goods which had belonged to
his predecessor. Bishop Smith ; and his gentleman usher Is
obUged to admit that he had frequently seen with shame
some of the stolen furniture of the late Bishop in the house
of his master.*
A few months after, Bambridge, Archbishop of York, 4'''^*''
dying, Wolsey, was elevated to this archiepiscopal see. He York, &c.
was farther allowed to unite with York — first the see of
Durham, and next that of Winchester. He farmed besides,
on very advantageous terms, the Bishoprics of Bath, Wor
cester and Hereford, fiUed by foreigners who gladly com
pounded for the indulgence of residing abroad by yielding up
to him a large share of their English incomes. The rich
Abbey of St. Alban's, and many other church preferments, he
held in commendam.
There was only one individual in the kingdom on whom
he now looked with envy, Warham, who, • as Archbishop of
Canterbury and Lord Chancellor, had precedence of him both
ecclesia,stically and civilly ; but though he could not aim at
the primacy during the life of his rival, he resolved that he
himself should be the first subject under the King In ra^k as
well as In power.
Pope Julius IL, styled the " Incendiary of Christendom," Cardinal
bfeing dead, he was succeeded by the celebrated 'Leo X., who ^^fj^^^^^^
closely resembled Wolsey in the love of pleasure and love of
literature, and was desirous of cultivating the friendship of
• Cavendish, 88.
~ . G G 4

456

LIFE OF

CHAP.
XXVIL

Measures
to disgust
Lord Chancellor
Warham.

Wolsey,
Chancellor.

England against the ambition of France. One of his first
acts was to confer a Cardinal's hat on the favourite of Henry,
with a Bull creating him Legate a latere over the whole
kingdom of England, and enabling him to call convocations,
and to exercise supreme ecclesiastical authority. The Pope's
messenger, conveying tjjese emblems of spiritual precedence
and authority, was met on Blackheath by " a great assembly
of prelates, and lusty gallant gentlemen, and from them con
ducted through London with great triumph." The new Car
dinal and Legate was confirmed in his dignity In Westminster
Abbey by a numerous band of Bishops and Abbots, In rich
mitres, copes, and other costly ornaments, "which," says
Cavendish, " was ^ done In so solemn a wise as I have not
seen the like, unless it had been at the coronation of a mighty
prince or king." *
He was now armed with effectual means of annoying and
mortifying Warham* As Cardinal he took place of hlmf,
and as Legate he was entitled to interfere with his juris
diction within the province of Canterbury. "Wherefore
remembering as well the taunts and checks before sustained
of Canterbury which he Intended to redress, and having
respect to the advancement of worldly honour, he found the
means with the King that he was made ChanceUor, and
Canterbury thereof dismissed." .J
The transfer of the Great Seal as we have seen in the lifp
of Lord Chancellor Warham, took place on the 22d of De
cember, 1515. § The affair was conducted with exterior

* Cavendish, 91.
f This point was settled by the Pope in the case of Cardinal Kemp, Arch."!
bishop of York, and authors are mistaken who represent the precedence now
assumed by Wolsey au usurpation dictated by his arrogance,
.\ Cavendish, 93.
§ The reader may be amused with a translation of the Latin entry in the
Close Roll upon the occasion. "Be it remembered that on Sunday, the 22d
of December, in the seventh year of the reign of Henry VIIL, about the hour
of one in the afternoon, in a certain high and small room in the King's palace
at Westminster, near the Parliament Chamber, the Most reverend Father in
Christ, William Archbishop of Canterbury, then ChanceUor of England, the
King's Great Seal in the custody of the said Chancellor then being inclosed in
a certain bag of white leather, and five times sealed with the signet of the said
Archbishop, into the hands of our said lord the King surrendered and delivered
up in the presence of the most reverend Father in Christ, Thomas, by divine
compassion' Cardinal Priest of the Holy Roman Church by the title " Sancti

MIseracione -divina.

LORD chancellor CARDINAL AVOLSEY. 457
decency, as If there had been a voluntary resignation on the chap.
one side and a reluctant acceptance on the other.

A contemporary letter of Sir Thomas More might lead to Qu^re,
the belief that Warham was really eager to retire, and Wolsey Whether
afraid of farther promotion. Writing to Ammonius, he says, resigned
" The Archbishop of Canterbury hath at length resigned the ^°Jj"^,^\^'j'
office of Chancellor, which burthen as you know he had strenu- was reluc-
ously endeavoured to lay down for some years ; and the long g"' *° ^
wished-for retreat being now obtained, he enjoys a most plea- Seal ?
sant recess in his studies, with the agreeable reflection of
having acquitted himself honourably in that high station.
The Cardinal of York, by the King's orders, succeeds him."
Ammonius, writing to Erasmus, says. In the same strain,
" Your Archbishop, with the King's good leave, has laid
down his post, which that of York, after much Importunity,
has accepted of, and behaves most beautifully," Nay, War
ham himself, in a letter to the same correspondent, says, he
desired to give up this magistracy " quem Ehoracensis Epis
copus impendio rogatus suscepit.
But the testimony of Cavendish, and the Internal evidence
on the other side, greatly preponderate. Warham, although
like other ChanceUors resolved to cUng to office as long as pos
sible, may from time to time have expressed a wish to be rid
of it, and when the crisis actually came, the parties themselves
and their friends deemed It best to avoid, as much as pos-
Ariaci in Termis," Archbishop of York, Primate of England, and Legate of the
Apostolic See, of Charles Duke of Suffolk, and of William Throgmorton, pro-
thonotary of the Chancery of our Lord the King, And our said Lord the
King, the said seal in the said bag so inclosed, so surrendered and delivered up
by the said Archbishop, then and there caused to be opened and taken out, afad
being opened and taken out, .saw and examined the same. And our said Lord
the Kin<' then immediately, in the presence of those before mentioned, caused
the said seal to be again inclosed in the said bag, and the said seal inclosed in
the said bag, sealed with the signet of the said most reverend Cardinal, delivered
to the said most reverend Cardinal, to be by him kept and used by the said
most reverend Cardinal, whom he then and there constituted his Chancellor,
with all diets, fees, profits, rewards, robes, commodities, and advantages to the
office of Chancellor of England of old due, belonging or appertaining, and the
said most reverend Cardinal, the said seal in the presence of the persons before
mentioned, then and there received from the aforesaid most invincible King," —
Rot. Cl. 7 Hen. 8. m, 1, On the 24th of December following there is an entry
on the Close Roll of the new Chancellor being sworn in by the King at his
palace at Eltham. The tenor of the oath is' set out in English.

458 LIFE OF
CHAP, sible, the appearance of compulsion on the retiring Chan-
 '_ ceUor, or of any intriguing by his successor ; but there can
be no doubt that Wolsey, from the time of his obtaining the
rank of Cardinal with the legatine authority, had taken
every opportunity to Insult Warham, with a view of driving
him from Court, and that the Great Seal had long been an
object of ambition to him, on account of the profit and power
it would bring him, — and perhaps Ukewise from the oppor
tunity it would afford him to add to his reputation for
learning, abUIty, and eloquence.
The parade which he immediately made of the trappings of
the office of ChanceUor, and the manner In which he devoted
himself to the discharge of its duties, showed that he had
clutched It as eagerly, and that he enjoyed It as intensely, as
any preferment ever bestowed upon him.*
* Cav. 93.

LORD CHANCELLOR CARDINAL WOLSEY. 459

CHAPTER XXVIII.

LIFE OP CAKDINAL WOLSEY FEOM HIS APPOINTMENT AS LORD
CHANCELLOK TILL HIS PALL.
Wolsey was now in the zenith of his greatness. At this CHAP.
V Y "\7' T T T
period, the Crown was absolute In England, and he alone
wielded all its power. He was in consequence courted with Homage
the greatest obsequiousness by Francis I. and Charles V., the P^'d *»
rival monarchs, who were contending for superiority on the foreigY ^
continent of Europe, and who felt that the result of the powers,
struggle depended to a considerable degree on his friendship.
They not only flattered him by 'letters and embassies, but
settled large pensions upon him, which there was no law or
etiquette then prevailing to prevent him from accepting. The
Doge of Venice, likewise, sent him a large pecuniary grati
fication, with letters containing the most fulsome adulation.*
" In all things the Chancellor was honoured Uke the King's
person, and sat always at his right hand. In aU places where
the King's arms were put up, the ChanceUor's appeared along
side of them, so that in every honour the Sovereign and his
minister were equal." f The money coined with the Cardinal's
hat upon It was now current without objection, though made
the ground of one of the charges against him on his fall. The By the
University of Oxford is supposed to have exceeded aU the of Oxford.
rest of the nation In servility towards him, and to have almost
committed treason, by styling him In their addresses, " Your
Majesty:};;" but this appeUation had not then been exclu-
* As a specimen : " Incredibilis vestrae reverendissimEe Dominationis virtus
et sapientia." Again, using the third person: " Ut nihil tam arduum difBcile-
que foret (si modo id honestum esset et conducibile) quod non ipsa sua boni-
tate ultro velletj sapientissime ac providentissime disponeret; auctoritate quam
meritissime in regno isto supremum tenet, optime possit conficere,"
f Bellayi the French ambassador, an eye-witness.
I Consultissima tua Majestas ; reverendissima Majestas ; inaudita Majestatis
tu£B benignitas; vestra ilia sublimis et longe reverendissima Majestas,"

460

REIGN OF HENRY VIII.

CHAP,
XXVIII,
Letters to
him from
the Ring's
sisters.

sively appropriated to kings, and it had been applied by the
same University to Lord Chancellor Warham.*
Perhaps the strongest proof of his ascendency Is to be found
in the private confidential letters written to him by the King's
sisters. Margaret, Queen of Scotland, by the battle of Flod
den left a widow, with an Infant son^ and every way destitute,
thus concludes a letter asking his Interference in her favour,
" for next to the King's Grace, my next trust Is In you, and you
may do me most good of any." Mary, Queen of Lewis XIL,
thus addresses him, " for the payne ye take remembring to
write to me soo often I thanke you for It w'' al my hert."
She wrote him another letter pressing him to use his Influence
with the King to permit Lady Gulldeford to live with her in
France, as one of her ladles of honour. On the death of her
husband, she communicates the intelligence to Wolsey, saying,
" My Lord, my trust is In you for to remember me to the
King my brother, for now I have no mother to put my trust
In but the Kyng my brother, and you. And so I pray you,
my Lord, to show hys Grace, saying, that the Kyng, my
housebande, ys departed to God, of whos sole God pardon.
And wher as you avyse me that I shoulde make no promas,
my Lord, I trust the Kyng my brother and you wole not
reckon in me soche chyldhode." In spite of the pledge here
given against her well-known inclination for her loyer. Sir
Charles Brandon, afterwards Duke of Suffolk, she married
him In a few weeks, but as he was a person exciting no poli
tical jealousy, Wolsey pardoned them, and they were kindly
received in England.
The homage universally paid to the Chancellor had such
an effect upon him, that he gradually in his own letters as
sumed an equality with the King, which was afterwards made
a subject' of his impeachment. f

* " Et diu felicissime vivat, tua Majestas." — Fiddes, 178.
t Thus, in his correspondence with Pace, the secretary, and others, he says,
" His Highness and I give you hearty thanks." " Neither the King's High
ness nor I will advise them." " Much it is to the King's and. my comfort."
" The King's Highness and I abide daily knowledge." " Arrived here the
Archbishop of Capua, whom the King's Highness and I like." " The King's
Highness and I be always of the same mind that the Emperor is." " The
King's Highness and I gave my own lodgings to him." — MS, Letters in
British Museum.

of living.

CARDINAL WOLSEY, CHANCELLOR. 461
The fame of his Influence was so great that he had many chap.
soUcitations from other countries for his patronage. Thus, '^^'^il^-
the Earl of Argyle wrote him a very humble letter, asking j^^^^^^ ^^
his interest with the Pope, that DougaU Campbell, the Earl's him from
brother, might be appointed Abbot of Cowper : " I beselch ye ^at^"} °^
to forther y" promotionne of my saed brother in the best
manner as your Grace thinks expedient ; and my lord, gelf
that there be any service or labore'that I canne do your
Graice in this realme, truly thar shalbe nane In it yat sail
accompleis y® same w* bettir hart nor mynd nor I sail." *
This Dougal Campbell was appointed Abbot of Cowper ac
cordingly, although before entering into religion he had been
married, and had a surviving son.
His manner of living now eclipsed the splendour of the His splen-
King's court. His household consisted of eight hundred per- ''v' ."'.'"'^
sons, comprehending one Earl (the Earl of Derby), nine
barons, and many knights and squires of great figure and
worshlj). He had a high-chamberlain, a vice- chamberlain, a
treasurer, a controller, and other officers corresponding to those
of royalty, bearing white staves. He had In his hall-kitchen
two master cooks, with many assistants, and in his private
kitchen a master cook, who went daily in damask, satin, or
velvet, with a chain of gold about his neck. We should never
finish If we were to enumerate all the yeomen, grooms, pages,
and purveyors that he had in his larder, scalding house,
scullery, buttery, pantry, ewery, cellar, chaundery, wafery,
wardrobe, laundry, bakehouse, wood-yard, garner, garden,
stable, and alraoserle, with the yeoman of his barge, yeoman
of his chariot, his master of the horse, saddler, farrier, and
muleteer. " Also he had two secretaries, and two clerks of his
signet, and four councillors learned in the laws of the realm." f
Now that he was Chancellor, he was constantly attended by
all the officers of the Court, and by four footmen appa
reled in rich ermine coats, — and whensoever he took any
journey, by a herald at arms, a serjeant at arms, a physician,
an apothecary, four minstrels, a keeper of his tents, and an
armourer. Three great tables were daily laid in his hall for
» MSS. Cott. Lib. t Cavendish, 97.

462

REIGN OP HENRY VIII.

CHAP,
XXVIII,

Wolsey's
banquetsto the
King,

this numerous retinue. Many of the nobility placed their
children in his family, and for the purpose of winning his
favour, allowed them to act as his servants, although they
had a separate table, called " the mess of lords," and had
numerous menials to attend them.
" When it pleased the King's majesty, for his recreation, to
repair unto the Cardinal's house, such pleasures were then
devised for the King's comfort and consolation as might be
Invented or by man's wit imagined. The banquets were set
forth with masks and mummeries. In so gorgeous a sort and
costly manner, that it was a heaven to behold. There wanted
no dames or damsels meet or apt to dance with the maskers,
or to garnish the place for the time with other goodly
disports. There was there aU kind of music and harmony
set forth, with excellent voices, both of men and children." *
We have likewise very picturesque descriptions of his
march to the Court at Greenwich on Sundays, — riding through
Thames Street on his mule, with his crosses, his plUars, his

* Cavendish, who goes on to give an account of the King coming with
maskers like shepherds, from which Shakspeare has taken the 4th scene of the
1st act of Hen. VIII. In one particular the dramatist differs from the bio
grapher. (The twelve maskers, habited like shepherds, being ushered in as
foreigners who could not speak English. )
" Wolsey. Pray tell them thus much from me :
There should be one amongst them, by his person,
More worthy this place than myself, to whom
If I but knew him, with my love and duty
I would surrender it.
" Chamberlain. Such a one they all confess
There is indeed, which they would have your Grace
Find out, and he will take it.
" Wolsey. Let me see then ; here I'll make
My royal choice. '
" King Henry (unmasking'). You have found him, Cardinal."
But Cavendish relates, " My Lord Cbancelloic said to my Lord Cardinal,
' Sir, they confess that among them there is such a noble personage, whom if
your Grace can appoint him from the others, he is contented to disclose himself
and to accept your place most worthily.' With that the Cardinal, taking a
good advisement among them, at the last qupth he, ' Me seemeth the gentleman
with the black beard should be even he.' And with that he arose out of his
chair and offered the same to the gentleman in the black beard, with his cap in
his hand. This turned out to be Sir Edward NeviUe, a comely knight of a
goodly personage, that much resembled the King's person in that mask. The
King, perceiving the Cardinal so deceived in his estimation and choice, could
not forbear laughing, but plucked down his visor, and Master Neville's also,
and dashed out with such a pleasant countenance and cheer, that all noble
estates there assembled, seeing the King to be there amongst them, rejoiced
very much." — Cav. 112.

CARDINAL WOLSEY, CHANCELLOR. 463
hat, and the Great Seal, till he came to BilUngsgate, where CHAP.
he took his barge, — and of the gorgeous celebration of mass  '
in his chapel, where he was attended by Bishops and Abbots.
Such was his haughtiness, that he made Dukes and Earls
to serve him with wine, and to hold the bason and lavatories.
But for our purpose, the most interesting pageant he ex- His pro
hibited was his procession from York House to the Court of 4^^000^
Chancery in Westminster Hall, which is minutely described of Chan-
to us by an eye-witness. Having risen by day-break, and
heard mass, he returned to his private chamber ; and his public
rooms being now filled with noblemen and gentlemen attend
ing his levee, " he issued out Into them, appareled aU in red,
in the habit of a cardinal, which was either of fine scarlet or
else of crimson satin, taffety damask, or caffa, the best that
he could get for money ; and upon his head a round pillion,
with a noble of black velvet set to the same in the inner side ;
he had also a tippet of fine sables about his neck ; holding in
his hand a very fine orange, whereof the meat or substance
within was taken out, and filled up again with the part of a
sponge, wherein was vinegar and other confections against the
pestilent airs, the which he most commonly smelt unto pass
ing among the press, or else when he was pestered with many
suitors. There was also borne before him — first, the Great
Seal of England, and then his Cardinal's hat, by a nobleman
or some worthy gentleman, right solemnly, bare-headed.
And as soon as he was entered into his chamber of presence,
where there was attending his coming to wait upon him to
Westminster HaU, as well noblemen and other worthy gentle
men, as noblemen and gentlemen of his own family ; thus
passing forth with two great crosses of silver borne before
him ; with also two great pillars of silver, and his pursuivant
at arms with a great mace of silver gilt. Then his gentlemen
ushers * cried, and said, " On my Lords and Masters, on
before ; make way for my Lord's Grace." Thus passed he
down from his chamber to the Hall ; and when he came to
the Hall door, there was attendant for him his mule, trapped
altogether In crimson velvet and gilt stirrups. When he
* Cavendish being one of them.

464 REIGN OF HENRY VIIL
CHAP, was mounted, with his cross-bearers and pUlar-bearers, also
•^•^^'^^^" upon great horses trapped with fine scarlet. Then marched
he forward, with his train and furniture in manner as I have
declared, having about him four footmen with gilt poll-axes In
their hands ; and thus he went until he came to Westminster
Hall door. And there alighted, and went after this manner,
up through the Hall into the Chancery ; howbeit, he would
most commonly stay awhile at a bar made for him a little
beneath the Chancery on the right hand, and there commune
some time with the Judges, and some time with other per
sons. And that done he would repair into the Chancery,
sitting there till eleven of the clock, hearing suitors, and
determining of divers matters. And from thence he would
divers times go Into the Star Chamber, as occasion did serve ;
where he spared neither high nor low, but judged every one
according to their merits and deserts."
His crosses, pillars, and poll-axes are likewise celebrated
by Cavendish In the metrical autobiography which he im
putes to Wolsey : —
" My crossis twayne of silver long and greate
That dayly before me were carried hyhge,
Uf*n great horses openly in the stieett,
And massie pillars gloryouse to the eye.
With poll-axes gylt that no man durst come nyghe
My presence, I was so princely to behold
Ryding on my mule trapped in silver and golde."*

* We have likewise a metrical description of the Cardinal's equipage from
William Roy, styled by Bale, " vir a?tatis suas non ineruditus," in a satire pub
lished about J 530, in the form of a dialogue between two priest's servants, with
the motto, " Rede me and be nott wrothe
For I saye no thynge but trothe."
" Wat. Doth he use then on mules to ryde?
" Jeff. Yes ; and that with so shamfull pryde
That to tell it is not possible,
More like a God celestiall
Than any creature mortali
With worldly pomp incredible.
" Before hjm rideth two prestes stronge.
And they beare two crosses right longe,
Gapynge in every man's face;
After theym folowe two laymen secular
And each of theym holdynge a pillar
In their hondes, steade of a mace.

CARDINAL WOLSEY, CHANCELLOR. 465
This pageantry, although regarded with great reverence chap.
by dependent courtiers, called forth many gibes from the ^^^^^^'
vulgar ; and it was a common saying, that " the two crosses jests
showed that the Cardinal had twice as many sins to repent against
of as any other prelate." The pulpit likewise occasionally ""'
resounded with Invectives against him. Doctor Barnes,
afterwards burnt for heresy, having showed his independent
spirit by inveighing against the pomp and luxury of the
Cardinal, was summoned before him, and received this admo
nition, "What, Master Doctor! had you not a sufficient
scope in the Scriptures to teach the people but yon; but
that my golden shoes, my poll-axes, my piUars, my golden
cushions, and my crosses did so far offend you, that you must
make us ridiculum caput amongst the people ? We were
joUUy that day laughed to scorn. Verily, it was a sermon
more fitter to be preached on a stage than in a pulpit."
Barnes answered, that he had spoken nothing but the truth
out of the Scriptures, according to his conscience, and was
for that time discharged. With the exception of his prose
cution of Buckingham, Wolsey showed no Inclination to blood
or cruelty.
We must now consider him In the capacity of a Judge.
Unfortunately none of his decisions have come down to
us ; but It seems to be generally allowed that his elevation

" Then followeth my Lord on his mtde
Trapped with gold under her cule
In every poynt most curiously;
On cache syde a pollaxe is borne
Which in none wother use are worne
Pretendynge some hid mystery.
" Then hath he servauntes fyve or six score,
Some behynde and some before,
A marvelous great company :
Of which are lords and gentlemen,
With many gromes and yemen,
And also knaves amonge.
" Thus dayly he proceedeth forthe, ^
And men must take it at worthe
Whether he do right or wronge.
A great carle he is, and a fatt,
Wearynge on his hed a red hatt
Procured with angel's subsidy." Supp. to Harl Misc. 1812.
VOL. I. H H

4,66 REIGN OP HENRY VIII.
CHAP. ; to the judgment-seat, by proving the extent of his capacity,
XXVIIL J gggjjjg^ ^Q gxalt his personal character; — that no Chancellor
His eon- I evcr discovered greater Impartiality; — that he showed much.
duct as a | discrimination and shrewdness in discussing the principles of
" ^^' I law and equity, — and that a strict administration of justice
j took place during his enjoyment of this high office.*-
We are rather at a loss to Imagine how, with all his tact,
he was able to get through the business without committing;
serious errors, and exposing himself to ridicule from his
ignorance of legal distinctions. The fashion of a Chancellor
having a Keeper of the Seal, or VIce-chanceUor, to act for
him had passed away, — and Wolsey, although he had probably
paid some attention to the civil and canon law while resident^
at Oxford, had never, like Morton and many other eccle
siastical Chancellors, practised in the Arches, or been a clerk
or master in Chancery, or assisted a prior Chancellor. The
coming event of his Chancellorship had long cast its shadow
before, and he probably had, by a course of study. In some
degree prepared himself for his office; and he no doubt
had the address to avail himself of the assistance of the four
lawyers who formed a part of his estabhshment, as well as of
the clerks and other officers of the court. " In examining
cases," says Fiddes, " which came before the Cardinal as
ChanceUor, he would take associates with him learned in the
laws, and ask their opinions; but in such matters as came
before him, and were not very intricate, but might be de
termined in a rational way of arguing from the common
principles of equity, he would often give sentence according
to the light of his own understanding."
However he may have managed It, such reputation did he
gain as a judge, that some have ascribed to him the establish
ment of the equitable jurisdiction of the Court of Chancery;
and, from the confidence reposed In him, the number of
blUs and petitions Increased so much that he was obliged
» He is extravagantly praised by Sir Thomas More, writing to Erasmus.
" Ita se gerit ut spem quoque omnium, quanquam pro reliquis ejus virtutibus
maximam, longe tamen exsuperet ; et, quod est difficUlimura, post optimum
praidecessorem valde probatur et placeat," And Ammonius, writing of the
office of ChanceUor, coming to Wolsey, says, " Quem Magistratum Ehoracensis
pulcherime gerit."

CARDINAL WOLSEY, CHANCELLOR. 467
to refer some of them to the Master of the Rolls, and to have CHAP.
a commission of Common Law Judges to assist him. xxviii.
Bishop Godwyn, who is severe on many parts of Wolsey's "~
conduct, gives him unqualified praise for improvements he
introduced In the administration of justice, and the purity he
displayed as a Judge.*
Wolsey presided as Chancellor In a session of parliament a parlia-
in the end of 1516 ; but no account is preserved of any of „
1. . , . 1 , \ „ Money bill
its proceedings in which he was concerned, except ot a very originates
anomalous one, — a bill for a subsidy brought Into the '" Lords.
House of Lords, and being passed there, ordered to be
carried to the Commons by the Lord Chancellor. He, no
doubt, appeared in the Lower House with his crosses, his
pillars, and his poUaxes, and delivered an eloquent discourse
on the duty of supplying the wants of the King. But the
bill Is supposed to have been thrown out by the Commons ;
and this may be the reason why no other parliament was
called for seven years, and that very arbitrary methods of
raising money were resorted to.
In 1518 Wolsey received an addition to his legatine juris
diction, which gave him the plenary power of the Pope In
England, and which he grievously abused by setting up a new
Court for the proof of wiUs, and for the trial of all spiritual
offences In the province of Canterbury, and by presenting to
all ecclesiastical benefices which became vacant, — in deroga
tion of the rights of chapters and patrons. When Archbishop
Warham wrote him a respectful letter on the subject, signed
" your loving brother," Wolsey complained of his presump
tion, in thus chaUengIng an equaUty with the Lord Cardinal
Legate. This distinction he valued more than the Great
Seal itself, as we may judge from his observation to Cavendish
on his faU: "My authority and dignity legatine is gone,
wherein consisted all my honour." Warham was himself
unmoved by the Insolence of his rival, and having remonstrated
"" " Multa ordinavit in rebus civUibus popularibus grata, ac nobis in hunc
usque diem usurpata, Quibus virum se ostendit sapientissimum necnon Rei-
publics amantem, Certe qui iUis temporibus vixerunt asserere non dubitarunt,
cum hoc regno nunquam felicius actum, quam cum florente Wolseo, cujus con-
sUiis pacem opulentam et seouram qua fruebatur, et justitiam equo Jure civibus
omnibus administratam, tribuebatur," — God. Ann. 14.
H H 2

468

REIGN OP HENRY VIII.

CHAP.
XXVHL

Wolsey
causes death of
Duke of
Bucking
ham,

in vain, only observed, "Know ye not that this man is drunk
with too much prosperity ?" But the Judge of his Legatme
Court, whom, for a private purpose, he had appointed with a
knowledge that he had been guilty of perjury, — having been
convicted of some gross malversation, the King himself ex
pressed such displeasure to the Cardinal as made him ever
after more cautious In exerting his authority.
These foUIes would have left no lasting stain on the memory
of Wolsey, but he was now instrumental in the violent death
of a rival through the forms of law. The Duke of Bucking
ham, representing the ancient family of Stafford, and heredi
tary High Constable of England, stood the first In rank and
consequence among the nobility. He viewed with envy and
jealousy the elevation of the butcher's son, who was at no
pains to gain his good will, and on several occasions they had
passed affronts on each other. Buckingham's character was
marked by levity and indiscretion, as well as by ambition and
arrogance. Being descended through a female from the Duke
of Gloucester, youngest son of Edward IIL, he pretended.
that he had a right to the Crown if the King should die
without issue, forgetting the claims of the King's sisters, the
dowagers of Scotland and France, and their descendants.
Wolsey worked upon Henry's hatred of all coUateraUy
connected with the blood royal, which he showed during the <
whole course of his reign, and caused Buckingham to be :
arrested and brought to trial for high treason. The evidence
against him consisted almost entirely of idle and vaunting
language held with servants who, if they spoke true, betrayed •
his confidence, — and of certain dealings with soothsayers,
who had foretold that he should be King. The apologists of
Wolsey have insisted that the sentence against Buckingham
was just, because It was unanimously pronounced by a Court
consisting of a Duke, a Marquis, seven Earls, and twelve
Barons, — forgetting that In that age, and for long after, no
one charged by the Crown for high treason was ever acquitted,
and that trial before a jury, and stiU more before the Lord
High Steward and a selection of Peers, was an empty form.
Buckingham, who was a great object of affection with the
vulgar, was considered a victim to the resentment of the

CARDINAL WOLSEY, CHANCELLOR. 469
Cardinal. After the Duke of Norfolk, with hypocritical chap.
tears, had condemned him to suffer the death of a traitor, he ^^^^^^•
was ordered to be carried by water from Westminster Hall
to the Tower ; but owing to the state of the tide at London
Bridge, he was landed at the Temple Stairs, and conducted
through the city. On this occasion, as weU as at his exe
cution, the curses were loud and deep upon the "venom-
mouthed cur " who was alleged to be the cause of his death.
But in those days sUght account was made of the heads of
men*, and legal murders were so usual that they were not
long remembered against those who perpetrated them. The
Cardinal's power was rather greater than before, by thus inti
midating the great famiUes from whom so much disquietude
had formerly been experienced, and his popularity soon
revived. The excitement of a new object of ambition extinguished Aims at
any feeling of remorse which might have disturbed his own *^^ I'ope-
bosom. He now aimed at the triple crown. The Emperor May, 1520.
Charles V., when visiting England, suggested to him his
fitness to be the successor of St. Peter, and promised him
his interest on a vacancy, — with the less scruple as Leo X.,
the reigning Pope, was in the flower of his age.
Francis I. tried to do away the effects of this Intrigue by j^^g^ ig^o.
contriving the famous interview with Henry in " the field of
the cloth of gold,"
" When those suns of glory, those two lights of men,
Met in the vale of Ardres,"
But Wolsey was Invited to visit Charles at Bruges, and went
thither in the character of ambassador from England. Ca
vendish is eloquent In describing the splendour of his train
and the sumptuousness of his reception : — " His gentlemen
being In number very many, clothed In heavy coats of crimson
« * I may mention, as an instance of the levity with which cutting off heads
was talked of, — the manner in which Henry raised the supplies when there was
some reluctance to grant them. He sent for Mr. Montague, an opposition
leader in the Commons, and said to him, " Ho, man I wiU they not suffer my
bill to pass ? " and laying his hand on the head of Montague, who was then on
his knees before him, " Get my bill passed by to-morrow, or else to-morrow this
head of yours shall be off." This biU was passed, or some trumped-up charge
of treason might have cost him his life, and made a nine-days' wonder.
H H 3

470

RErGN OF HENRY VIII.

CHAP.
XXVIIL

A.D. 1522.
Wolsey is

pointedof the
Popedom.

June, 1S2S.
Again dis
appointed.

velvet of the most purest colour that might be invented, with
chains of gold about their necks, and all his yeomen and
other mean officers were in coats of fine scarlet guarded with
black velvet a hand broad. Also the Emperor's officers every
night went through the town from house to house, where as
any Englishmen lay or resorted, and there served their
liveries for all night, which was done after this manner : —
first, the Emperor's officers brought Into the house a cast of
fine manchet bread, two great silver pots, with wine and a
pound of fine sugar, white lights and yellow; a bowl or
goblet of silver, to drink In, and every night a staff-torch.
Thus the Emperor entertained the Cardinal and all his train
for the time of his embassy there ; and that done he returned
home again Into England with great triumph."
Charles on this occasion again encouraged Wolsey to aspire
to the tiara, and the sincerity of his promise of support was
soon unexpectedly put to the test by the sudden demise of
his Holiness. Wolsey was immediately In the field with
high hopes of success, as the Imperial party was decidedly
the strongest in the conclaye. Charles wrote a friendly letter
to Wolsey, Inclosing the copy of one he had written to his
ambassador at Rome, enjoining him to urge the Cardinals to
elect Wolsey to the papal chair. There were twenty votes
for Wolsey, and twenty-six would have been sufficient to
carry the election in his favour ; but there can be no doubt
that he was trifled with, and, to save appearances, the Conclave
having sat an unusual length of time, the Emperor's own
tutor was raised to the Popedom, under the title of Adrian VI.
Charles, dreading the loss of the English alliance from
Wolsey's disappointment, immediately after made him another
visit In this country, augmented his pension, and renewed the
promise of aiding his pretensions on the next vacancy, an event
which, from Adrian's age and infirmities, could not be far dis
tant. Wolsey suppressed his resentment, adhered to the Im
perial party, and devoted himself to measures for strengthening
his interest with the College of Cardinals at Rome.
¦ Adrian died In about a year and a half after his elevation.
Wolsey again entered the lists with his characteristic zeal.
Henry, at his request, wrote In the most urgent terms to the

CARDINAL WOLSEY, CHANCELLOR. 471
Emperor, reminding him of his repeated promises, and caUing CHAP.
upon him now to fulfil them, as he valued his friendship; — a vm.
and the English ambassadors and agents at Rome were in- g ^ j^gg
structed to spare among the members of the conclave neither
bribes nor promises.* But Wolsey was again deceived, and
Cardinal Giulio de Medici, with the concurrence of the im
perial party, was elected Pope, under the title of Clement VII.
He secretly resolved to be revenged of the perfidy of
Charles, by for ever forsaking his aUIance ; but, meanwhile,
he concealed his disgust ; and, after congratulating the new
Pope on his promotion, applied for a continuation of the
legatine powers which the last two Popes had conferred upon
him. Clement, knowing the importance of gaining his friend
ship, granted him the commission for life ; and Wolsey waS
thus reinvested with the whole Papal authority In England.
He now showed. In a striking manner, that devoted love of His love of
learning and ardour for good education which distinguished ^ "•'at'o"-
him through life, and by which his memory has been redeemed
from the fallings and vices he exhibited. Though ashamed
of his low origin If girded by the ancient nobility, — he looked
back with satisfaction on that part of his career when he was
master of Magdalen school at Oxford, and tutor to the sons
of the Marquess of Dorset ; and he was at all times willing
to render available the experience he then acquired. He
superintended, with assiduous care, the training of the Earl
of Richmond, his godson (natural son of the King) ; and in

* Wolsey's letter on this occasion to Lord Bath, ambassador at Rome, very
undisguisedly exhorts him to exert himself to the utmost among the Cardinals,
" not sparing any reasonable offers, which is a thing that amongst so many
needy persons is more regarded than per-case the qualities of the person ; ye be
wise, and ye wot what I mean. The King thinketh that all the Imperials shall
clearly be with you, if faith be in the Emperor. The young men, which for
the most part being needy, will give good ears to fair offers, which shall be
undoubtedly performed. The King willeth you neither to spare his authority
or his good money or substance." — Fidd. Coll. 87. The letter is still preserved
in which Wolsey informs the King of his disappointment, which he ascribes
entirely to intimidation. After stating the threats of violence held out to the
tardinals, he says, " Albeit they were in manner principally bent upon me, yet
for eschewing the said danger and murmur, by inspiration of the Holy Goste,
without farther difficulty, the xixth day of the last month, in the morning,
elected and choose Cardinal de Mediois, who immediately was published Pope,
and hath taken the name of Clement VII,"— Fidd. Col. 82.
H H 4

472

REIGN OF HENRY VIII.

CHAP.
XXVIIL

his own handwriting drew up, with the utmost miautenesS, a
plan for the household and for the tuition of the boy when
entering his sixth year.
The domestic education of the Princess Mary was likewise
under the care of the Prime Minister ; and in the height of
his power and ambition, after deciding a great cause In Chan
cery, or dictating a treaty which was to change the face of
affairs In Europe, he stooped to determine whether or not the
Princess should have " spice plates and a ship of sUver for the
almes dish ; " and whether "a trumpet and rebeks were a fitting ¦
toye for her pastime hours at the solempne fest of Christmas."
He framed the regulations for St. Paul's School, founded by
Dean Collet ; and he caused a new Latin Grammar to be
composed, to which he himself wrote an introduction. He re
vised and remodelled the statutes of his own and several other
colleges at Oxford ; and he likewise Introduced very salutary
reforms at Cambridge, under a power conferred upon him by
the senate of that University. Having suppressed a number
of smaUer monasteries, instead of appropriating their revenues
to himself, or bestowing them on some rapacious courtier, he
employed them In endowing splendid estabUshments, which
he hoped would spread the blessings of knowledge, with his
own fame, through distant generations.
 " Ever witness for hira

A new
parliament, April,
1523,

Those twins of learning that he rais'd in you, ^
Ipswich and Oxford, one of which fell with him,
The other  so famous,
So exceUent in art, and still so rising.
That Christendom shall ever speak his virtue,"
After an interval of seven years a parliament was caUed,
as the irregular modes of filling the Exchequer, which had
been resorted to, had proved ineffectual. On the first day of
the session, on the King's right side, at his feet, sat the Car
dinal of York ; and at the rail behind stood Tunstal, Bishop
of London, who made an eloquent oration to the parUament
on the office of a King. Wolsey, It seems, had thought It
more for his dignity to depute the task of delivering the
speech to another ; but he took the lead In all the subsequent
proceedings.* * 1 Pari, Hist, 484.

CARDINAL WOLSEY, CHANCELLOR. 473
At the same time he caUed a convocation of the clergy, CHAP.
at which, by virtue of his legatine power, he presided, and ^^^I^^-
from which he readily obtained the required grant of one q^^^
half their revenues spiritual, to be paid In five years. tion.
The Commons, however, were by no means so complaisant.
From them was demanded a subsidy of 800,000/., which they
declared to be more than the whole current coin of the
realm. Now we have the first instance of a complaint of the pub- Pubiica-
' llcatlon of debates in parliament. This, I presume, was debates in
merely by verbal narration ; but certain smart sayings of the House of
opponents of the grant, and certain gibes levelled at the
ChanceUor, had been generally circulated ; and reaching his
ears, had given him high displeasure. He made formal com
plaint to the Lords ; and Insisted, that for any member to
repeat out of the House what had passed In the House, was
a breach of privUege and a misdemeanour — " whereas, at this
parliament, nothing was so soon done, or spoken therein, but
that it was immediately blown abroad in every alehouse."
Not contented with this, he resolved to pay a visit of remon
strance to the Commons, — and In such style that they should
be completely overawed by the splendour of his appearance.
He calculated, likewise, on the complaisance of the Speaker,
whom he had been instrumental in placing in the chair ; but
the Speaker was Sir Thomas More, the most courageous as
well as the mildest man then In England.
As the ChanceUor was approaching the house with his Im- Wolsey's
mense retinue, a debate arose "whether It was better with a few Yl^'* *" *^
of his Lords (as the most opinion of the House was), or with Commons.
his whole train, royaUy to receive him ? " " ' Masters,' quoth Conduct of
Sir Thomas More, ' forasmuch as my Lord Cardinal lately, jjore thL^
ye wot well, laid to our charge the lightness of our tongues for Speaker.
things uttered out of this House, it shall not In my mind be
amiss to receive him with all his pomp, with his maces, his
pillars, his crosses, his poll-axes, his hat, and Great Seal too,
to the Intent that if he find the like fault with us hereafter,
we may be the bolder from ourselves to lay the blame on
those whom his Grace bringeth here with him.' Whereunto

474 REIGN OP HENRY VIII.
CHAP, the House wholly affreelng, he was received accordingly.
When after he had, by a solemn oration, by many reasons,
proved how necessary It was the demand then moved to be
granted, and farther showed that less would not serve to
¦maintain the Prince's purpose ; he seeing the company sitting
stIU silent, and thereunto nothing answering, and, contrary to
his expectation, showing In themselves towards his request no
towardness of inclination, said to them, — ' Masters, you
have many wise and learned men amongst you, and sith I am
from the King's own person sent hitherto unto you, to the '
preservation of yourselves and of all the realm, I think it
meet you give me some reasonable answer.' Whereat every
man holding his peace, he then began to speak to one Master
Marney, afterwards Lord Marney. ' How say you,' quoth
he, ' Master Marney ? ' who making him no answer neither,
he severally asked the question of divers others, accounted
the wisest of ¦the company, to whom, when none of them all
would give so much as one word, being agreed before, as
custom was, to give answer by their Speaker ; — ' Masters,'
quoth the Cardinal, ' unless it be the manner of your House,
as of likelihood it is, by the mouth of your Speaker, 'ivhom you
have chosen for trusty and wise (as indeed he is), In such
cases to utter your minds, here Is, without doubt, a marvel
lously obstinate silence ; ' and thereupon he required answer of
Mr. Speaker, who first reverently, on his knees, excusing the
sUence of the House, abashed at the presence of so noble a ,
personage, able to amaze the wisest and best learned In a
realm, and then by many probable arguments proving that
for them to make answer was neither expedient nor agreeable
with the ancient Uberty of the House ; In conclusion for him
self, showed, that though they had all with their voices
trusted him, yet except every one of them could put Into his
own head their several wits, he alone in so weighty a matter
was unmeet to make his Grace answer. Whereupon the
Cardinal, displeased with Sir Thomas More, that had not In
this parliament in all things satisfied his desire, suddenly
arose and departed."* * 1 Pari. Hist. 487.

CARDINAL WOLSEY, CHANCELLOR. 475
The conduct of More on this occasion is supposed to CHAP.
have set the example followed by Lenthall on the visit by ^-'^^^^^•
Charles I. to arrest the five members in the House, and to
have established the rule, that the House can only commum-
cate with others by the mouth of the Speaker, who can only
speak and act by order of the House.
On the Cardinal's departure a debate arose, which was
adjourned, and lasted fifteen or sixteen days. The result
was, that a subsidy was voted of half the amount required,
to be paid by Instalments. Wolsey and the King were so
angry, that, contrary to usage, they compelled the people to
pay up the whole subsidy at once ; and, resolving henceforth
to rule entirely by prerogative, no other parliament was
called for seven years. When the session was closed Wolsey, Indigna-
In his gallery at York Place, said to More, " I wish to wolsty.
God you had been at Rome, Mr. More, when I made you
Speaker." " Your Grace not offended, so would I too, my
Lord," replied Sir Thomas, " for then should I have seen the
place I long have desired to visit."
Two years after Wolsey made a deliberate attempt to levy a.b. 1525.
a general tax of a sixth part of every man's substance without t^iesT^
the authority of parliament. This demand he announced in levy a tax
person to the Mayor and chief citizens of London. They ^[horitvof
attempted to remonstrate, but were warned to beware, "lest parliament.
it might fortune to cost some their heads." The rich and
poor agreed in cursing the Cardinal as the subverter of their
laws and liberties ; and said, " if men shall give their goods
by a commission, then it would be worse than the taxes of
France, and England would be bond, and not free." Happily
the commissioners met with forcible resistance in several
counties ; and such a menacing spirit was generaUy displayed,
that the proud spirit of Wolsey quailed under it, and he was
obliged not only to pardon all concerned In these tumults,
but, on some frivolous pretext, to recede altogether from the
illegal exaction. This was a great crisis In our constitution ;
for If Wolsey could have procured the submission of the
nation to the yoke he attempted to impose, there would have
been an end of parliaments for all ordinary purposes, although.

Wolsey.

476 REIGN OP HENRY VIIL
CHAP, like the States-General of France, they might stUl have been
XXVIII ...
convoked to ratify certain acts of state originating with the
executive government. But the courage and love of freedom
natural to the English Commons, speaking In the hoarse
voice of tumult, and resorting to the last right of insurrection,
preserved us In so great a peril. *
A.D, 1527. Various attempts were made to open the eyes of the King
Gr^X^lnn to the mIsconduct of the minister, — and even the stage was
to expose resorted to for this purpose. There being a grand enter
tainment given to the King and his Court by the Society of
Gray's Inn, Serjeant Roo, a great lawyer of that time, more
eager to show his wit than to be made a Judge, composed for
the occasion a masque, which, notwithstanding his assevera
tions to the contrary, must have been Intended as a satire
on the Lord Chancellor. Of this HoUInshead, who affects
to believe that it was not " miching mallecho," and that it did
not " mean mischief," gives us the following account : —
"The effect of the play was, that 'Lord Gouvernance' was
ruled by 'Dissipation' and 'NegUgence,' by whose mis-
gouvernance and evill order 'Lady Public Weale' was put
from ' Gouvernance.' Which caused ' Rumor Popull,' ' In
ward Grudge,' and ' DIsdalne of Wanton Soverelgntle,' to rise
with great multitude, to expell 'Negligence' & 'Dissipation,'
and to restore ' Publike Welth' again to hir estate, — which was
so doone. This plaie was so set foorth with rich and costUe
apparell, with strange devises of maskes and morlshes, that it
was higlle praised of all men, saving of the Cardinall, whicli
imagined that the plale had been devised of him, and in
great furie sent for the said Maister Roo, and tooke from him
his colfe and sent him to the Fleet ; and after he sent for the
yooung gentlemen that plaied In the plaie, and them highly
rebuked and threatened, and sent one of them, caUed Thomas
Maile of Kent, to the Fleet, but by means of friends Maister
Roo and he were delivered at last. This plaie sore dis
pleased the Cardinall, and yet it was never meant to him.
But what wIU you have of a guilty conscience but to suspect
* Hall. Const, Hist, 29.

CARDINAL WOLSEY, CHANCELLOR. 477

all things to be said of him (as If all the worlde knew his CHAP.
wickednesse) according to the old verse.

XXVIIL

" ' Conscius ipse sibi de se putat omnia dici ? ' " •
Wolsey, now hated by all ranks, began to lose favour even Wolsey's
with the King, and tottered to his faU ; but before we come ^^^g^ *°'
to the cause which immediately led to that catastrophe, we
must accompany him in the last scene of his greatness —
negotiating a treaty of alliance with France. The Emperor
having defeated his rival Francis at Pavia, and after the
sack of Rome having made the Pope his prisoner, had be
come master of all Italy, and aimed at universal dominion.
What weighed stiU more In English councils than a regard to
the balance of power, was the consideration that with his
consent there was no chance of Wolsey being raised to the
Popedom. For these reasons it was resolved that England
should put herself at the head of a league to check the
ambition of Charles, and Wolsey was sent on a grand embassy June, 1527.
to Paris, accompanied by many Bishops, Lords, and Knights,
for the purpose of establishing It. Cavendish was In his
suite, and has left us a very amusing account of his ad
ventures : — " Then marched he forward out of his own house
at Westminster, passing through aU London over London
Bridge, having before him of gentlemen a great number,
three In rank. In black velvet livery coats, and the most part
of them with great chains of gold about their necks. And aU
his yeomen, with noblemen's and gentlemen's servants follow
ing him In French tawny livery coats ; having embroidered
upon the backs and breasts of the said coats the letters T. C.
under the Cardinal's hat. His sumpter mules, which were
twenty in number and more, with his carts and other car
riages of his train, were passed on before, conducted and
guarded with a great number of bows and spears. He rode His jour-
like a Cardinal, very sumptuously, on a mule trapped with "«?•
crimson velvet upon velvet, and his stirrups of copper and
gilt, and his spare mule foUowing him with Uke apparel. And
before him he had his two great crosses of sUver, two great
* HoUinsh. iii. 714,

478

REIGN OP HENRY VIIL

CHAP.
XXVIIL

His recep
tion at
Calais.

pillars of silver, the Great Seal of England, his Cardinal's
hat, and a gentleman that carried his valaunce, which was
made altogether of fine scarlet cloth embroidered over and
over with cloth of gold very richly, having In it a cloak of
fine scarlet." * He by no means travelled so rapidly now as
on his mission from Henry VII. to Maximilian. He passed
the first night at a gentleman's house near Dartford, the
second in the Bishop's palace at Rochester, the third In the
abbey at Feversham, and the fourth In the priory of Canter
bury. Here he stopped some days, during which there was
a grand jubilee — with a fair In honour of St. Thomas. A
solemn office was celebrated in the cathedral for the deUver-
ance of the Pope from captivity, during which it Is said that
Wolsey, conscious of the instability of his own grandeur, and
anticipating his fall, wept tenderly.
Hence Cavendish was sent forward with letters to Calais,
and after two days the Cardinal arrived In the haven, " where
he was received In procession by all the most worshlpfuUest
persons of the town in most solemn wise. And in the
Lantern Gate was set for him a form with carpets and
cushions, whereat he kneeled and made his prayers before his
entry any further in the town ; and there he was censed with
two great censers of silver , and sprinkled with holy water." j
After an account of his receiving the Captain of Boulogne,
with a number of gallant Frenchmen who dined with him, we
have a long speech which he addressed to the noblemen and
gentlemen of his train. Instructing them respecting the royal
honours to be paid to himself, and how they were to conduct
themselves to the French whom they were to visit. " For
my part I must, by virtue of my commission of Lieutenant-
ship, assume and take upon me in all honours and degrees, to
have all such service and reverence as to His Highness's
presence Is meet and due, and nothing thereof to be neglected
or omitted by me that to his royal estate Is appurtenant.
Now as to the point of the Frenchmen's nature ye shall un
derstand that their disposition Is such, that they will be at
their first meeting as familiar with you as they had been ac-

* Cav, 150,

t Ibid. 152.

CARDINAL WOLSEY, CHANCELLOR. 479
quainted with you long before, and commence with you In CHAP,
the French tongue as though you understood every word ^^"^l^^-
they spoke : therefore. In like manner, be ye as familiar with
them again as they be with you. If they speak to you in
the French tongue, speak to them in the EngUsh tongue ; for
If you understand not them, they shall no more understand
you." Then addressing a Welshman, "Rice," quoth he,
" speak thine Welsh to him, and I am well assured that thy
Welsh shall be more diffuse to him than his French shall be
to thee." He concludes with good advice to them all, to
practise gentleness and humanity for the honour of their
prince and country.*
He left the Great Seal at Calais with Dr. Taylor, the Meeting of
Master of the Rolls, untU his return, as he could not regu- ^°h^^^;n
larly take it beyond the dominions of England, although he and Court
thought himself at Uberty to use it In this place. We have "^ ^''«"'=«-
a very curious description of his departure from Calais with
ajtrain above three quarters of a mile long, and of his march
to Boulogne, Montreuil, and Abbeville, where there were
divers pageants for joy of his coming, and he was haUed as
" Le Cardinal Paclfique." In his journey he released prison
ers, distributed his blessing, and proclaimed indulgences.
The French Court came to Amiens to receive him. " In
came Madame Regent, the King's mother, riding in a very
rich chariot ; and In the same with her was her daughter, the
Queen of Navarre, furnished with a hundred ladles and gentle
women, or more, following, riding upon white palfreys, over
and besides divers other ladles and gentlewomen, that rode,
some In rich chariots, and some In horse litters. Then foUows
the King, with his Bourgonyan guard, his French guard,
and " the third guard pour le corps, which was of tall Scots,
much, more comeller persons than all the rest."t Wolsey
required that Francis should meet him as a sovereign, on
equal terms ; and, both alighting at the same time, embraced
In the midway, between their respective retinues. Francis
having placed Wolsey on his right, each EngUsh gentleman
was marshaUed with a Frenchman of equal rank, and the
* Cav. 155. t Ibid. 163.

480

REIGN OP HENRY VIII.

CHAP.
XXVIIL

His cou
rage and
skill as a
diplomatist.

Treaty
concluded.

Relation
in Star
Chamber
of his em-

procession extending nearly two miles In length, proceeded to
Amiens. After a few days stay there, the conferences were
removed to Complegne.*
Much artifice and chicanery were displayed by the French
negotiators, although they were exceedingly desirous to con-
clUate England. Wolsey became indignant ; and one evening,
whUe Francis himself was present, he lost all patience ; and, .
starting from his seat, said to his brother ChanceUor of
France, " Sir, It becomes you not to trifle with the friendship
between our Sovereigns ; and if your master foUows your
practices, he shall not fail shortly, to feel what it is to war
against England." Upon that he left the room ; and it was
only at the earnest entreaty of the Queen-mother that he
renewed the discussion. By this bold conduct the object of
his mission was soon satisfactorily accomplished, and he re
turned to England.
The French alliance not being much relished, — on the first
day of next term he called an assembly In the Star Chamber
of noblemen, judges, and justices of the peace of every shire,
and there made them a long oration ; " declaring to them the
cause of his embassy to France, and assuring them that he
had concluded such an amity and friendship, as never had
been heard of In our time before. All which things shall be
perfected at the coming of the great embassy out of France.
This peace thus concluded, there shall be such an amity
between gentlemen of each realm, and intercourse of mer
chants with merchandise, that it shall seem to all men the
territories to be but one monarchy. Gentlemen may travel
from one country to another for their recreation and pastime ;

* Cavendish describes very minutely the banquets, balls, masses, and boar
hunts which took place ; but he is most amusing in relating his own visit to
the Chastel de Crequi, where the Countess received him most gently, having a
train of twelve gentlewomen. " And when she with her train came all out, she
said to me, ' Forasmuch,^ quoth' she, * as ye be an Englishman, whose custom is in
your country to kiss all ladies and gentlewomen without offence, and although it be
not so here in this realm, yet wiU 1 be so bold io kiss you, and so shall aU my
maidens.^ By means whereof I kissed my lady and all her women." Erasmus
celebrates the same custom as then prevalent in England. *' Est prasterea mos
nunquam satis laudatus; sive quo venias omnium osculis exciperis; sive dis-
cedas aliquo osculis dimitteris ; redis ? redduntur suavia : venitur ad te ? pro-
pinantur suavia: disceditur abs te? dividuntur basia : occurritur alicubi?
basiatur affatim : denique quocunque te moveas, suaviorum plena sunt omnia,"
— Erasmi Epist. p. 315. ed. 1642.

CARDINAL WOLSEY, CHANCELLOR. 481
and merchants being arrived in each country, shall be assured CHAP.
to travel about their affairs in peace and tranquIUIty, so that •''^^^^^•
this realm shall joy and prosper for ever."
The expected embassy sent to ratify the treaty according Arrival of
to the prevailing forms of diplomacy at length arrived, " in ^^^^'^^
number above fourscore persons, of the most noblest and October
worthiest gentlemen In all the Court of France, who were i^^''-
right honourably received from place to place after their
arrival, and so conveyed through London Into the Bishop's
palace in Paul's Churchyard, where they were lodged." *
The Lord Mayor and City of London supplied them with
"wine, sugar, wax, capons, wild fowl, beefs, muttons, and
other necessaries, in great abundance." They were royaUy
entertained by the King at Greenwich, where they invested
him with the Insignia of the Order of St. Michael ; and he
declared Francis a Knight of the Order of the Garter. A Ratifica-
solemn mass was sung at St. Paul's, where my Lord Cardinal *'°° of
o _ ' _ •' treaty at
associated with twenty-four mitres of Bishops and Abbots, St. Paul's.
attending upon' him by virtue of his legatine authority ; "and
the Grand Master of France, the chief Ambassador, kneeled
by the King's Majesty, between whom my Lord divided the
sacrament, as a firm oath and assurance of this perpetual
peace." The mass being finished, the Cardinal read the treaty
openly, both In French and English, before the King and the
assembly, both of French and English. The King then sub
scribed it with his own hand, and the Grand Master for the
French King. Last of all, it was sealed with seals of fine
gold, and Interchanged. The King and the ambassadors
rode home with Wolsey to his house at Westminster, and
dined with him.
But to give them a just notion of the magnificence of Splendid
England, it was arranged that, before their departure, he «"t^rtain-
o o ^ X ment by
should make them a supper at Hampton Court. Two hundred Woisey to
and eighty beds, with furniture of the costliest silks and ^^^\^*^
velvets, with as many ewers and basons of silver, were pre- Court,
pared for the guests. The halls were Illuminated with innu
merable sconces and branches of plate. The most celebrated
cooks, belonging to the King and the nobility, joined with the
* Cav. 190.
VOL. I. II

482

REIGN OP HENRY VIII.

CHAP.
XXVIIL

Wolsey's
prosperity
before his
disgrace.

Cardinal's in preparing the entertainment. Supper was an
nounced by the sound of trumpets, and served with triumphal
music. But the master was not yet come. He had been
detained In the Court of Chancery hearing a long cause, and
concluded that he should best exalt his country in the eyes of
foreigners, by showing them that the due administration of
justice was with him the highest consideration.
The dessert, consisting of a representation of St. Paul's
Cathedral, In confectionary, with castles and tournaments,
and other emblems of ecclesiastical pomp and pageants of
chivalry, was on the tables, when he suddenly entered, "booted
and spurred." Having cordially and gracefully welcomed the
guests, he called for a golden bowl, filled with hypocras : the
French ambassadors were, at the same time, served with
another, and they reciprocally drank to the health of their
respective Sovereigns. He then retired to dress ; and re
turning speedily to the company, exerted those convivial
talents which had first contributed to his attainment of this
excessive grandeur. " Then went cups merrily about, that
many of the Frenchmen were fain to be led to their beds.
They were all deUghted with their reception, and doubted
which most to admire, — the mansion, the feast, or the
master."* Next morning, after mass and an early dinner, they departed
to hunt at Windsor ; and. It being in the midst of the term,
Wolsey returned to Westminster.
" Thus passed the Cardinal his life and time, from day to
day, and year to year, in such great wealth, joy, and triumph
and glory.'' " But," adds the gentleman usher, " Fortune,
of whose favour no man is longer assured than she Is dis
posed, began to wax somewhat wroth with his prosperous
state, and thought she would devise a mean to abate his high
port ; wherefore, she procured Venus, the insatiate goddessj
to be her Instrument, and, to work her purpose, she brought
the King In love with a gentlewoman, who, after perceiving
his good will towards her, and how diligent he was to please
her, and to grant aU her requests, wrought the Cardinal
much displeasure." f

* Cav. 198.

t Ibid. 118.

CARDINAL WOLSEY, CHANCELLOR. 483
 " When love could teach a monarch to be wise, CHAP.
And Gospel-light first dawn'd from Boleyn's eyes." XXVIII.

Henry's passion for Anne Boleyn certainly produced the "~
fall of Wolsey. But there is a general mistake as to the WoTsey's
part which he took In this affair. It being supposed by many ^i^gi'^ce.
that he disapproved of the King's divorce from Catherine ;
that he intrigued for the purpose of delaying and preventing
it ; that he opposed, to the last, the elevation of Anne Boleyn Anne
to the throne, because she was favourable to the reformation ; ° ^''""
and that he fell a sacrifice to his love for the ancient Church.
In truth. It wiU be found that he favoured the divorce ; that
he promoted It as far as the forms would permit which he
was bound to observe ; that though, for a time, from motives
merely political and personal, he opposed the King's union
with Anne, he would at the last have willingly consented to
It ; and that he fell because, from circumstances over which
he had no control, he was unable to gratify the inclination of
his master. —
Before Wolsey's departure on his embassy to France, the May, 1527.
. . . Wolsey at
King had Imparted to him his scruples which he professed to first dis-
entertain respecting the validity of his marriage with Cathe- !^?'^^f
rine — scruples which had been greatly quickened by the marriage
progress of her maid of honour In his affections. Wolsey was ^^''^ "^""^ '
previously acquainted with the King's new passion, and, at
his request, had judicially dissolved the pre-contract between
Anne and Lord Percy ; but he had then no notion of her
becoming Queen, and expected that she would only add to
the list of his mistresses. In which the name of her sister
Mary had once stood. To strengthen the French alliance, afterwards
on which the Cardinal was bent, he Intended that Ren6e, the°divorce.
sister of Louis XIL, should be the Queen ; and a divorce
being proposed by Henry, he Immediately offered his aid, and
promised complete success to the project from his influence at
Rome. On Wolsey's return from his embassy, " the cunning chas
tity " of Anne Boleyn having made her resist the royal so
licitations in the hope of reaching a throne, Henry told him
he did not want a French princess, for that Anne Boleyn
should be his wife as soon as the papal dispensation could be
1 1 2

484

REIGN OF HENRY VIIL

CHAP, r
XXVIIL

Obtains ,
conditional
licence
from the
Pope

.n. 1528.

obtained. The Cardinal threw himself upon his knees before
the King, and used every argument to dissuade him from a
step which he represented as calculated to cover him with
disgrace. But religion did not enter Into the consideration,
for although Anne had been represented as a convert to the
new faith, she was no more a Lutheran than Henry himself,
who, to the last, adhered to all the doctrines of the Church of
Rome, with the exception of making himself Pope In Eng
land, and who continued to burn and behead his subjects for
doubting the dogma of transubstantlatlon.
Henry being Inexorable, Wolsey became a convert to the
measure which he could not avert, and laboured, by his sub
sequent services, to atone for the crime of having dared to
dispute the pleasure of his Sovereign. The particulars of the
conference being disclosed to the young lady and her family,
they became implacable enemies of Wolsey ; and, although
they dissembled their resentment, and at times treated him
with apparent courtesy, they always suspected that he was
plotting against them, and they secretly vowed his destruc
tion. In truth, however, there is the best reason to believe,
that from this time he did all in his power that the divorce
might be obtalnedj and the wished-for union completed.
All opinions agreed that, as Henry's marriage with his
brother's widow had been celebrated under, a dispensation
from Pope Julius IL, it could not be set aside without the
sanction of the papal see. Clement VII. had been liberated
from captivity by Henry's good offices, and was disposed to
oblige him as far as he prudently could from a remaining
dread of the Emperor; but Charles strenuously supported
the cause of Catherine his aunt, and his Holiness, to use his
own language, was "between the hammer and the forge."
Wolsey wrote a long letter to him, vindicating the character
of Anne Boleyn, and asserting that the suit of Henry pro
ceeded from sincere and conscientious scruples.
Clement so far complied with Wolsey's application as to
grant to Henry a conditional licence to marry again, nicely
adapted^ to the case of Anne Boleyn *, upon the dissolution of

• "  etiamsi talis sit quas prius cum alio contraxerit, dummodo illud
carnali copula non fuerit consummatum ; etiamsi ilia tibi alias secundo aut

CARDINAL WOLSEY, CHANCELLOR. 485
his first marriage ; and to examine the validity of that mar- CHAP,
riage, he granted a joint commission to Wolsey and Cardinal ^"^T!'^
Campeggio, an Italian ecclesiastic, who was supposed to be campeg-
galned over by being appointed Bishop of Salisbury, but who gio.
remained an instrument of chicanery under the control of his
Holiness. Although the commission was granted In the month of Cardinal
April, 1528, Campeggio did not reach London till the month f^^.^ff "
of October following. In the mean time there had been England.
great alarm in England from the sweating sickness. Anne
Boleyn was sent from Court, and had a smart attack of it ;
the King, abandoning for the time his " secret matter," joined
the Queen in her devotional exercises, confessing himself
every day, and receiving the communion every Sunday and
festival. During the time of the pestilence he sent regu
lations to Wolsey for his diet. Insisted on receiving dally an
account of his health, and invited him to lodge in a house at
a short distance, so that if either fell ill they might hear from
each other in the space of an hour, and might have the bene
fit of the same medical attendance. The Cardinal, begin
ning to " order himself anent God," made his will, — sent it to
Henry, — and assured him, " as truly as if he were speaking
his last words, that never for favour, mede, gyfte, or promysse,
had he done or consented to any thing that myght In the
least poynte redownde to the King's dishonour or dls-
prouffit." But the sickness passed away ; Anne Boleyn returned to
Court more beautiful and enticing than ever, and Campegglo's
proceedings appeared so dilatory that Wolsey was suspected
to be in league with him to defeat the King's wishes, and he
daily declined in the royal favour.*
reraotiore consanguinitatis aut primo affinitatis gradu etiam ex quocunque licito
seu illicito coitu proveniente invicem conjuncta sit, dummodo relicta iratris tui
non fuerit." The dispensation referred to Anne's precontract with Lord Percy,
aud to Henry's liaison with Mary Boleyn, and in fact assumed the power denied
to Julius II.
* It is curious that, even down to this time, Anne's letters to the Cardinal
are full of kindness and gratitude. " All the days of my life I am most bound
of all creatures, next to the King's Grace, to love and serve your Grace, of the
which I beseech you never to doubt that ever I shall vary from this thought as
long as any breath is in my body. And as for the coming of the legate, I desire
that much, and, if it be God's pleasure, I pray him to send this matter shortly

486 REIGN OP HENRY VIIL
CHAP. Notwithstanding all the efforts of Wolsey, who now saw
XXVIIL ^j^^^ despatch was essential for his own safety, months were
consumed In preliminary forms after Campegglo's arrival In
England.
A. n. 1529. In the beginning of the foUowing year, when Wolsey had
pecTo^"^"^ been In daily danger of disgrace, he was very near reaching
Wolsey be. ^^6 grand objcct of his ambition, the triple crown. Cle-
Pope. ment VII. had a dangerous fit of Illness, and for some time
his recovery was despaired of. Historians are agreed that
if he had actually died at this juncture, Wolsey, In aU pro
bability, would have been his successor. Charles had made
himself odious to the great majority of the coUege of Car
dinals by his Imprisonment of the Pope ; the sack of Rome,
and the licentious conduct of the Imperial troops In Italy, had
rendered bis cause generally unpopular ; his arms had re
cently sustained some disasters ; and the' Kings of France
and England, who had stood by the supreme Pontiff In all his
misfortunes, were In general favour. Both these Sovereigns,
to serve their own ends, now exerted all their influence to
secure the election of Wolsey in case of a vacancy, and they
calculated on success.
This event would have had a most powerful influence on
the fate of the Western Church, and might have entirely
changed the history of our country. Wolsey, a much abler
and more enlightened man than Clement, would probably
have stopped the Reformation, or given it a new direction ;
and he certainly would have kept England true to the Papal
see by granting Henry his divorce, and conferring new
honours upon him as Defender of the Faith. But Clement
arose, as It were by miracle, from the grave, Wolsey was dis
graced, and England became protestant.*
to a good end, and then I trust, my Lord, to recompense part of your great
pains. I assure you that, after this matter is brought to pass, you shall find
me, as I am bound in the mean time, to owe you my service ; and then look
what thing in the world I can imagine to do you pleasure in, you shall find me
the gladdest woman in the world to do it, and next unto the King's Grace, of
one thing I make you full promise to be assured to have it, and that is my
hearty love, unfeignedly during my life," — 1 Burnet, 55. Piddes, 204, 205.
There can be no doubt that her uncle, the Duke of Norfolk, with her know
ledge, was then meditating Wolsey's overthrow,
* Wolsey received the first news of Clement's Ulness by a letter from Peter
Vannes, his watchful and zealous agent at Rome, " Dum de Pontlficis valetu-

CARDINAL WOLSEY, CHANCELLOR. 487
It was not till the month of May, 1529, that the Legates CHAP,
opened their court in the haU of the Blackfriars' Convent in ^^'^^"•
London, where the parUament In those days usuaUy as- Hearing of
sembled. The King sat at the upper end In a chair of state, the divorce
on an elevated platform. The Queen was seated at some Woisey and
distance a little lower. Wolsey and Campeggio were placed ^'»™:
in front of the King, three steps beneath him, the one on his
right, the other on his left ; and at the same table sat the
Archbishop of Canterbury, and aU the Bishops. At the bar
appeared as counsel for the King, Dr. Sampson, afterwards
Bishop of Chichester, and Dr. Bell, afterwards Bishop of Wor
cester; — for the Queen, Dr. Fisher, Bishop of Rochester,
who was afterwards beheaded on Tower Hill, and Dr.
Standish, a grey friar. Bishop of St. Asaph, — all very dis
tinguished cIviUans and canonists.
The Court being constituted, and the Pope's commission
read, the apparitor, by Wolsey's order, called the parties. To
the summons, " King Henry of England, come into Court,"
the King answered, "Here, my Lords." The Queen pro
tested against the competency of her judges, as holding bene
fices in the realm of the gift of her adversary, but they
overruled her plea. She then knelt before the King, made
a pathetic appeal to him for justice, and withdrew. She was
pronounced contumacious, and the suit proceeded ; — but very
slowly, Wolsey urging despatch, and Campeggio resorting
to every artifice for delay.

dine bene speraremus, ecce ex secretissimo certissimoque loco nobis nunciatur
illius morbum ita ingravescere ad delirium usque et vomitum, ut desperanda sit
illius salus. Scripsimus ad comitem S'ti, Pauli ut apud C'tianissimum efificiat,
quod Gallic! Cardinales quam primum ad confinia advolent, ut creationi novi
Pontlficis, quam vereor plus nimio mature instare, queant interesse, nam nisi
factionis nostrse creetur Pontifex, actse sunt Gallorum actiones." — Fid. Col.
211, Wolsey thereupon instantly wrote a despatch to Gardyner, the]King's
minister at Rome, in which, after showing that he himself is the fittest person
to be Pope for the good of Christendom, " absit verbum jactantise," he implores
him to exert his utmost efforts " ut ista res ad effectum perduci possit, nullis
parcendo sumptibus, poUicitationibus sive laboribus, ita ut horum videris^in-
geYiia et affectiones sive ad privata sive ad publica ita accommodes actiones
tuas, Non deest tibi et collegis tuis amplissima potestas, nullis terminis
aut conditionibus limitata sive restricta, et quicquid feceris scito omnia apud
hunc regem et me esse grata et rata." This was written with his own hand. " 'Tuas
salutis et amplitudinis cupidissimus T, Car'lis Ebor. propria manu," — Fidd.
Coll, 211. I I 4

488 REIGN OP HENRY VIII.
CHAP. Henry's Impatience and suspicions Increasing, he one day
at the rising of the Court ordered the Cardinal to attend him

King's an- at the palace of Bridewell, adjoining, and there showered on
delay. ^ ^^^ ^®^<i ^^ ^^^ dcvoted minister the most vehement abuse
for his supposed misconduct in not bringing the proceeding
to a speedy close. The Bishop of Carlisle, who entered the
Chancellor's barge with him at Blackfriars to escort him to
York Place, seeing him, contrary to custom, silent and
moody, observed, " It was a very hot day." " Yes," replied
Wolsey, "and if you had been as much chafed as I have
been within this hour, you would indeed say It was very
hot." On his arrival at home he was so much exhausted and
heart-broken, that he went " incontinent to his naked bed ; "
but he was soon compelled, by a royal message brought by
Anne Boleyn's father, to return to Bride weU, and to try to
induce the Queen voluntarily to retire Into a convent. The
interview which then took place between them shows strlk-
' ingly the spirit as well as the dignity of Catherine. He
wished to confer with her in private. " My Lord," quoth she,
"If you have any thing to say, speak It openly before a,ll
these folks." He then began to speak to her in Latin,
" Nay, good, my Lord," quoth she, " although I understand
Latin, speak to me In English, I beseech you." She listened
to him, but rejected his proposal ; and he had the additional
mortification this unlucky day to relate to the King the
hopelessness of any voluntary separation from Catherine, who
ever pleaded her love for her daughter Mary, the heir pre
sumptive to the Crown.
A^D, 1529. ^t last the proofs in the suit were completed, and at a
suit carried meeting of the Court held on the 23d of July, the King at-
before the tending In a neighbouring room, from which he could see and
hear the proceedings, his counsel In lofty terms required that
sentence should be pronounced. But Campeggio replied that
judgment must be deferred till the whole of the proceedings
had been laid before the sovereign Pontiff; that he attended
there to do justice, and that no consideration should divert him
from his duty. Thereupon the Duke of Suffolk, coming from
the King and by his commandment, in a loud and angry tone,
spoke these words : " It was never merry in England whilst

CARDINAL WOLSEY, CHANCELLOR. 489
we had Cardinals amohg us." Although Wolsey privately CHAP.
regretted the delay, his spirit would not brook this insult to ^^^^^^-
his order. Rising with apparent coolness, he said, " Sir, of
all men living, you have least reason to dispraise Cardinals ;
for if I a poor Cardinal had not been, you would not at this
present have had a head upon your shoulders wherewith to
make such a brag in disrepute of us who haye meant you no
harm, and have given you no cause of offence." *
The King now made a progress in the midland counties The King
with Anne, who was using all her arts, under the guidance ^roo-rest in
of her uncle, her father, and other courtiers, to bring about the country.
Wolsey's disgrace. There was much apprehension of his
influence over the King if they should meet, and the policy
adopted was to keep them apart as much as possible.
The Court was fixed for some weeks at Grafton, in North- The Court
amptonshire. Wolsey stationed himself at the Moore, a ^' "^^ '°"'
country house a few miles distant ; but he was never invited
to Court. On matters of state his opinion was seldom
asked, and then only by a special messenger. His ruin was
seen to be at hand ; wagers were laid that the King would
never again speak to him, and his opponents openly threaten
ed " to humble the pride of all churchmen, and to ease them '
of that load of wealth which encumbered the successors of
the apostles." f
Wolsey rested his hopes on the result of a personal interview Wolsey
with the King, and, after many disappointments, he at last "^^ ^" ^ '
obtained permission to accompany Campeggio, when that
prelate was to take leave on setting off for Rome. The ItaUan
was received by the officers of the Court with the attention
due to his rank ; the falling minister found, to his extreme
mortification, that though an apartment had been ordered for
his companion, none was provided for himself. He was, in
• I presume he referred to the Duke's marriage with the King's sister,
which, without the Cardinal's good offices, might have been suddenly dissolved
fiy the decapitation of the bridegroom. There do not seem to have been
English Cardinals till about the end of the fifteenth century, from which time,
till the Reformation, most of the prelates who held the Great Seal were raised
to this dignity.
f " La fantaisie de ces seigneurs est que, luy mort ou ruine. Us deferrent
incontinent icy I'estat de I'eglise et prendront tons leur biens. lis le orient en
pleine table." — Letters of the Bishop of Bayonne.

490

REIGN OF HENRY VIII.

CHAP.
XXVIII.

His last
interview with Henry.

Dialogue
between Henry and
Anne re
specting Wolsey.

some degree, reUeved from his emban-assment by the delicate
attention of Sir Henry Norris, a young knight (afterwards
executed as one of the lovers of Anne Boleyn), who begged
him to accept of his chamber, — affecting to ascribe the pre
meditated affront put upon Wolsey to the limited arrange
ment of the King's present residence. The Chancellor was,
however, admitted Into the presence hall, and the sun of his
fortune cast a parting ray upon him before it set for ever.
" Having knelt before the King standing under the cloth
of state, then he took my Lord up by both arms and caused
him to stand up, and with as amiable a cheer as ever he did
called him aside, and led him by the hand to a great window,
where he talked with him, and caused him to be covered.
Then to behold the countenance of those that had made their
wagers to the contrary It would have made you smile ; and
thus were they all deceived." After some conversation the
King said to him, " My Lord, go to your dinner, and all my
Lords here will keep you company." *
" The King dined that same day with Mrs. Anne Bo
leyn In her chamber, who kept there an estate more like a
Queen than a simple maid." The alarmed courtiers now
strove through her to break off all further intercourse between
Henry and their victim. Prompted by them she said during
dinner : — "Is It not a marvellous thing to consider what debt
and danger the Cardinal hath brought you in with all your
subjects ? " " How so, sweetheart ? " quoth the King. She
mentioned the Illegal taxation, which the King attempted to
justify. " Nay, Sir," quoth she, " besides all that, what
things hath he wrought within this realm to your great
slander and dishonour ? There Is never a nobleman within
this realm that If he had done but half as much but he were
well worthy to lose bis head." " Why I then perceive,"
quoth the King, " ye are not the Cardinal's friend." " For
sooth, Sir," then quoth she, " I have no cause, nor any other

* Cavendish, who was an eye-witness of this scene, adds, that in a long
and earnest communication between them, he heard the King say, " How can
that be? Is not this your own hand?" but that Wolsey satisfied the King.
This is probably the foundation for the second scene of the third act of Shak-
speare's Henry VIIL, turning upon a paper disclosing secrets, which the Car
dinal is supposed by mistake to have sent to the King.

CARDINAL WOLSEY, CHANCELLOR. 491
that loveth your Grace, no more hath your Grace If ye con- CHAP.
. . . XXVIIL
sider well his doings." * He had received the promise of  '_
another audience next day, but that same night a solemn en
gagement was extorted from the King by Anne that he never
again would admit the Cardinal into bis presence, f
Wolsey had a lodging provided for him that night by his
own servants at Euston. When he returned In the morning
he found that the King had rode out with the Lady Anne to
hunt in Hartwell Park, where she had made provision for the
King's dinner, lest he should return before the Cardinal was
gone. They never met more.
When the ChanceUor found that he was finally cast off by
his master, who was now under the entire management of
other favourites, and that he must soon bid adieu to all his
greatness, — for a time he lost aU fortitude ; — "he wept like
a woman and walled like a child." On his return to London, Wolsey
however, his spirits rallied, and he resolved with decency to London.
meet the Impending blow.
On the first day of Michaelmas term, which then began in His last
the middle of October, he headed the usual grand procession fn^h"^"*^^
to Westminster HaU, riding on his mule, — attended by his Court of
crosses, his pillars, and his poll-axes, and an immense retinue
to defend the Great Seal and the Cardinal's hat. It was
remarked that in the procession, and while sitting in the
Court of Chancery, his manner was dignified and collected,
although he, and all who beheld him, knew that he had
touched the highest point of all his greatness, and from the
full meridian of his glory he hastened to his setting. This
was his last appearance in public as Chancellor.
That same evening he received a private intimation that
the Kino- had openly announced his Immediate disgrace. The
next day he remained at home, hourly expecting the mes
senger of fate, but it passed on without any occurrence to
* » Cavendish relates this curious dialogue from the report made to him at the
time by those who waited on the King at dinner.
t This fact is not mentioned by Cavendish, but is proved by a letter from
the French ambassador, who was then at Grafton. " Mademoiselle de Boulen
a faict promettre a son amy q'U ne I'escoutera jamais parler." — Letters of
Bishop of Bayonne, 375.

Chancery.

492

REIGN OF HENRY VIIL

CHAP,
XXVIIL
Refuses to
deliver up
Great Seal
withoutproperwarrant
fronl King.

Deprived
of his office
and all his
possessions, Oct. 17.
1529.

tesminate his suspence. The following day, however, came
the Dukes of Norfolk and Suffolk from the King, " declaring
to him how the King's pleasure was that he should surrender
and deliver up the Great Seal Into their hands." He de
manded of them " what commission they had to give him
any such commandment ? " They answered, " they were the
King's commissioners In that behalf, having orders by his
mouth so to do." He denied that this was sufficient without
further manifestation of the King's pleasure, and high words
passed between them.
The Dukes were obUged to take their departure without
accomplishing their object. But the next morning they
brought from Windsor letters from the King, under the
Privy Seal, demanding the surrender of the Great Seal;
whereupon, expressing great reverence for the King's autho
rity so exercised, he delivered it up to them Inclosed in a
box, of which he gave them the key. They at the same time
signified to him his Majesty's pleasure that he should sur
render up York Place and aU his possessions, and retire to
his country-house at Esher. *

¦* Cav, 247.

CARDINAL WOLSEY. 493

informations filed

CHAPTER XXIX.
LIFE OP CAEDINAL WOLSET EROM HIS FALL TILL HIS DEATH,
The utter destruction of Wolsey had been determined upon cHAP.
immediately after his departure from Grafton ; and, some XXIX.
days before the Great Seal was taken from him, Hales, the '
Oct. 1529,
Attorney- General, had filed an information against him, Premunlre
charging him with having, as legate, transgressed the act of
Richard IL, commonly called " the statute of premunire," in against
receiving bulls from Rome, and acting upon them, without ° ^^^'
the King's consent, whereby he was out of the King's protec
tion, his lands and goods were forfeited, and he might be
imprisoned at the King's pleasure. Nothing could be more
iniquitous than this proceeding, for Henry himself had
joined In soliciting the legatine grant to him, and rejoiced
In the greatness which the exercise of it conferred upon him.
But Wolsey knew the stern and Irritable temper of his pro
secutor. To have maintained his Innocence would have ex
cluded all hope of forgiveness ; and there was, moreover,
"a night Crow," to use his own expression, "which pos
sessed the royal ear, and misrepresented the most harmless of
his actions." He therefore pleaded guUty to the Informa- Pleads
tion, and threw himself upon the royal clemency. He caused ^^^ ^'
inventories to be made of his plate, furniture, and valuables,
showing the immense riches which he had accumulated.
These he formally made over to the King, with York Place, —
which thenceforth, under the name of Whitehall, became the
chief town residence of the Kings of England, and so con
tinued till it was burnt down. In the reign of William and
Mary. Some time befo.re he had voluntarily made a gift of
Hampton Court to the King, in the vain hope of recovering
his favour.
When he entered his barge to proceed to Esher, he found Proceeds to
the river Thames covered with above a thousand boats, full

494

REIGN OF HENRY VIII.

CHAP.
XXIX,

At Putney,
met by a
messengerfrom the
King.

Lord Chancel
lor's "fool."

of men and women of the city of London, who expected to
witness the spectacle of his being carried to the Tower, and
there landing at the Traitor's Gate. It is confessed that he
was now greatly hated by people of aU degrees, and that
there was a general disappointment when the head of his
barge was turned towards Lambeth, and when he was seen
rowed up the river to Putney.
Here he landed and mounted his mule, — when a horseman
was seen descending the hill, who turned out to be Sir Harry
Norris, with a message to him from the King, " wlUIng him
In any wise to be of good cheer, for he was as much In his
Highness's favour as ever he had been, and so should con
tinue to be." And, In token of the King's kindness, he de
livered him a ring of gold with a rich stone, being the privy
token between the King and him when any important secret
communication took place between them. Wolsey was so
transported with joy at this gleam of returning good fortune,
that he instantly dismounted, knelt In the mud, and returned
thanks to God his Maker, and to the King his sovereign Lord
and Master, who had sent him such comfort. He added,
" Gentle Norris, if I were lord of a realm, the one half
thereof were an insufficient recompence for your pains and
good comfortable news. But, good, good Master Norris,
consider with me that I have nothing left me but my
clothes on my back. Therefore I desire you to take this
smaU reward at my hands." He then gave him a gold chain,
with a cross of gold enclosing a piece of the veritable wood of
the true cross, which he contlnuaUy wore round his neck,
next his skin.
When Norris was gone a little way he called him back,
saying, " I am sorry that I have no condign token to send to
the King ; but If you would present the King with this poor
fool, I trust his Highness would accept him weU ; for surely,
for a nobleman's pleasure, he is worth a thousand pounds."
This fool, whose name was " Patch," was so much attached
to his master, that It required six taU yeomen to force him to
accompany Norris to Windsor, although he knew that he
was to be transferred from disgrace and want to royalty and

CARDINAL WOLSEY. 495
splendour. It Is a pleasure to be told that the King received chap.
him most gladly. * XXIX.
Wolsey, on his arrival at Esher, found the house without yy^j^T^^
beds, sheets, tablecloths, cups, or dishes, — which he was residence
obliged to borrow In the neighbourhood; but here he re
mained, with a numerous train of attendants, till the com
mencement of the following year.
A letter from Erasmus, written at this time to a cor- Letter
respondent on the Continent, though chargeable with some j^°™ '™^"
inaccuracies, gives a lively representation of the faUen fa
vourite. " The Cardinal of York has incurred the royal
displeasure to such a degree, that, stript of all his dignities,
and aU his wealth, he Is confined, not literally In a prison,
but In one of his country houses, attended, or rather guarded,
by about thirty servants. Innumerable charges are brought
forward against him, so that it Is thought he can hardly
escape capital punishment. Behold the sport of fortune.
From being a schoolmaster, he is made ruler of a kingdom ;
for he, in truth, reigned more than the King himself : feared
by all, loved by few — I might say, by no human being." f
The King continued, from time to time, to send him con- Returning
soling messages and tokens of affection, though generaUy by ju"^^^* °^
stealth, and during the night | ; but, at the urgent request of
his enemies, who were under a perpetual apprehension that
* A fool was so necessary to the establishment of a Lord Chancellor, that we
shall find one in the household of Sir Thomas More. It is very doubtful
when ChanceUors ceased to have about them any such character.
t " Cardinalis Ehoracensis sic offendit animum regium, ut spoliatus bonis
et omni dignitate, teneatur, non in carcere, sed in quodam ipsius pradio ; adhi-
bitis triginta duntaxat seu famulis seu custodibus. Proferuntur in ilium que
relas innumercB, ut vix existiment effugere posse capitis supplicium. Hie est
fortunse ludus ; ex ludl magistro subvectus est ad regnum ; nam plane regnabat
verlus quam ipse rex, metuabatur ab omnibus, amabatur a panels, ne dlcam a
nemine." — Ep. 1151. Erasmus thought himself ill-used by Wolsey, who in
return for a flattering dedication of the Paraphrase on the Epistles of St. Peter,
and In performance of magnificent promises, had only given him a prebend at
Tournay, which produced nothing. On another occasion the disappointed wit
writes, " Cardinalis perbenlgne polllcetur ; verum haec setas non moratur lentas
spes."— Ep. 352.
J Cavendish gives a curious account of one of these nocturnal missions, — Sir Nocturnal
John Russell, the chief founder of an iUustrlous house, being the messenger, visit to
He was sent off from the Court at Greenwich after dark, with orders to be back Wolsey
before day. It was a dreadfully rainy and tempestuous night, and the Cardinal from Sh
and his household were all in bed before he arrived at Esher, After loud John Rus-
knocking at the gate, he was admitted, and saying he came from the King, sell,
was conducted to the bedchamber of the Cardinal, who had risen and put on

496

REIGN OP HENRY VIII.

CHAP.
XXIX.

A parlia
ment,A.ll. 1529.

Visit to
Wolsey
from the
Duke of
Norfolk,

he might be again taken into favour, and avenge himself
upon them, permission was given to institute a proceeding
against him in the Star Chamber, — and this being attended
with some difficulty,-^ to prosecute him by parliamentary
impeachment, or by a bill of pains and penalties.
Parliament, after a long Interval, met in November In this

his night gown, " When Master Russell was come into his presence, he most
humbly reverenced him upon his knee, and delivering him a great ring of gold
with a turltis for a token, said, ' Sir, the King commendeth him unto you, and
wlUeth you to be of good cheer ; -who loveth you as well as ever he did, and is
not a little disquieted for your troubles, whose mind is full of your remem
brance, insomuch as his Grace, before he sat to supper, called me unto him and
commanded me to take this journey secretly to visit you, to your comfort the
best of my power. And sir, if it please your Grace, I have had this night the
sorest journey for so little a way that ever I had to remembrance.' A great
fire was lighted and refreshments prepared, but Master Russell, after being
some time in secret communication with my Lord, took leave, saying that, \God
wiUing, he would be at the Court at Greenwich again before day, for he would noi
for any thing it were known his being with my Lord ihat night,"* "
He soon after received a visit from his capital enemy, the Duke of Norfolk,
which Illustrates strikingly the manners of the times. All his yeomen were
drawn up in the hall, and he and his gentlemen went to the gates and there re
ceived my Lord of Norfolk bare-beaded. " They embraced each other, and the
Duke complimented the Cardinal's attendants on their fidelity to him in his
misfortunes. The Cardinal praised the magnanimity of his guest, who he said
properly had the lion for his cognizance,
" Parcere prostratls sclt nobilis Ira Leonis,
Tu quoque fac simile, quisquis regnabis in orbem,
*' Water being brought into the dining chamber for them to wash before
dinner, the Cardinal asked the Duke to wash with him, but the Duke said, ' it
became him not to presume to wash with him any more now than it did before
in his glory.' ' Yes, forsooth,' quoth my Lord Cardinal, *for my authority and
dignity legatine is gone, wherein consisted all my high honour.' * A straw,'
quoth my Lord of Norfolk, * for your Legacy. I never esteemed your honour
the more or higher for that. But I regarded your honour for that you were
Archbishop of Vork and a Cardinal, whose estate of honour surmounteth any
Duke now being within this realm ; and so will I honour you and bear yoii
reverence accordingly. Therefore I beseech you content yourself, for I will
not presume to wash with you, and therefore I pray you hold me excused.' So
they washed separately." — Another dispute arose as to whether the Duke should
sit inside or outside the table at dinner. " The Cardinal wished him to sit inside,
but he refused the same with much humbleness. There was then set another
chair for my Lord of Norfolk, over against my Lord Cardinal, on the outside
of the table, the which was by my Lord of Norfolk based something beneath
my Lord Cardinal." — Stowe shows us what store was set upon the nasty com
pliment of washing together, in his account of a banquet during the visit of
Charles V. to Henry VIII, — " The Emperor, the King, and the Queen, did
wash together, the Duke of Buckingham giving the water, the Duke of Suf-
folke holding the towel. Next them did wash the Lord Cardinall, the Queen
of Fraunce, and the Queen of Arragon." On this occasion the Cardinal sat on
the Emperor's right hand, between the Queen of England and the Queen of
Arragon, — Stowe's Annals.

CARDINAL WOLSEY. 497

year; and a Committee of the Lords, over which More, the chap,
new Chancellor, presided, prepared "articles of Impeach

ment," as they were caUed, against Wolsey, These were impeach-
forty-four In number, and were generally of a frivolous de- ™ent of
scription. His iUegal commissions to raise taxes without the ° ^^^'
authority of parliament, and his other unconstitutional acts,
were entirely passed over ; and he was charged with naming
himself with the King, saying, " the King and I ; " and. In
Latin, "Ego et Rex mens*;" — with receiving, first, all let
ters from the King's ministers abroad — requiring to be the
first visited by foreign ministers — and desiring that aU appli
cations should be made through him ; — practices hardly to be
avoided, unless the King were his own minister and his own
secretary. Then he is accused of illegally exercising the
legatine authority ; and of interfering. In an arbitrary manner,
with the administration of justice, and drawing Into Checn-
cery questions properly cognisable in the Courts of common
law. One of the gravest charges is, that he whispered in
the King's ear when he knew that he laboured under a par
ticular distemper, then supposed to be communicated by the
breath, j Lord Herbert goes so far as to affirm, that no man
ever fell from so high a station who had so few real crimes
objected to him ; and we are mortified by finding that the
articles were subscribed by the virtuous Sir Thomas More,
as Chancellor, and presented by him to the King. J
Without any proof, they were unanimously agreed to by Agreed to
the House of Lords, where the Ex- chanceUor was particularly L^,rds*, but
odious .on account of his haughty bearing to the ancient no- rejected by
blllty, and even to his brother prelates ; but when they came mons.

* A mode of expression justified by the Latin idiom,
f Shakspearg dwells upon several other articles equally treasonable.
 " that, without the knowledge
Either of King or Council, when you went
Ambassador to the Emperor, you made bold
' To carry into Flanders the Great Seal. —
That, out of mere ambition, you have caus'd
Your holy hat to be stamp'd on the King's coin.
Then, that you have sent innumerable substance
To furnish Rome, and to prepare the ways
You have for dignities, to the mere undoing
Of all the kingdom." Hen. VIII, act Hi. scene 2.
} 1 Pari. Hist. 492.
VOL. I. K K

498

REIGN OF HENRY VIII.

CHAP. XXIX,

Wolsey de
serted by
his former
friends.

down to the House of Commons, they were rejected on a
speech made by Thomas Cromwell, formerly a servant of the
Cardinal, who defended bis unfortunate- patron with such
spirit, generosity, and courage, as acquired him great reputa
tion, and mainly contributed to his own subsequent extra
ordinary rise. The King stUl having returning fits of kind
ness for his old favourite, royal Influence was supposed to have
contributed to this result of .the parliamentary proceeding
against Wolsey ; and the French ambassador, unable to fore
see what might be the final Issue of the struggle, advised his
Court to render to the fallen minister such good offices as,
without- giving cause of offence to the existing administra
tion, might be gratefully remembered by Wolsey, If he
should finally triumph over his enemies.
At home, however, he was neglected and slighted, even
by those whom his bounty had raised. * He was unable to
pay or to support his dependents who still adhered to him,
and he begged them to provide themselves a new master till
fortune should prove more auspicious. Tears were copiously
shed on both sides, and most of those he addressed refused
to leave " so kind a master" In his adversity. f A subscrip
tion among the chaplains and others of most substance, whom
he had promoted, provided a fund from which the most
urgent necessities of the establishment were supplied.
These mortifications preyed so much upon his mind that,
about Christmas, he fell IU and was supposed to be dying.

* Storer, In his metrical history of Wolsey, in describing his feelings at this
time, uses one of the most pathetic and original images in poetry, — which would
have been worthy of Shakspeare ;
" I am the tomb where that affection lies
That was the closet where it living kept ;
Yet wise men say affection never dies.
No, but it turns ; and when it long hath slept,
Looks heavy like the eye ihat long hath wept."
t Cavendish's picture of this scene Is very touching. " Afterwards my Lord
commanded me to call all his gentlemen and yeomen up Into the great chamber^
commanding all the gentlemen to stand on the right hand, and the yeomen on
the left; at last my Lord came out in his rochet upon a violet gown, like a
bishop, who went with his chaplains to the upper end of the chamber, where
was a great window. Beholding his goodly number of servants, he could not
speak to them until the tears ran down his cheeks, which being perceived of his
servants, caused fountains of tears to gush out of their sorrowful eyes, in such
sort as would make any heart to relent." — Cav. 265.

CARDINAL WOLSEY. 499
Henry exclaimed, " God forbid that he should die, I would chap.
not lose him for twenty thousand pounds;" — sent his own •''^'^•
physicians to attend him ; — conveyed to him assurances of
unabated attachment, and even Insisted on Anne Boleyn
presenting to him a tablet of gold for a token of reconciliation.
Through the management of Cromwell a settlement of his Settlement
affairs was made with the King, whereby hc received a King.
general pardon on making over all his revenues of every de
scription, except those of the Archbishopric of York, and 1000
marks a year from the Bishopric of Winchester, which he
was to be aUowed to retain for bis sustentation.*
As a further mark of kindness, the King permitted him, *• "¦ 1 53o^
for a change of air and better accommodation, to remove to remove
from Esher to Richmond, where his health greatly improved, to Rich-
11 • , , . -I 1 • ™o'"^-
and he again began to gather some society round him.
His enemies, more alarmed than ever by his vicinity to the Ordered to
Court at Windsor, prevailed on Henry to Issue a peremptory
order that he should thenceforth reside within his Archiepisco
pal see, and he was supplied with a sum of money to bear
the charges of his journey to York.
It is amusing to observe that this journey, which may now journey to
be performed In a few hours, was then considered as formi- the north.
dable as if it had been to a distant foreign land. Some of
Wolsey's servants, though much attached to him, " of their
own mind desired him of his favour to tarry stUl here in the

* A difficulty arose respecting the title to York House, which the King had
taken possession of, and which belonged to the archiepiscopal see from the gift
of a former Archbishop, who had been Lord Chancellor. To sanction this palpa
ble spoliation, — by the discreditable advice of all the Judges and the new Chan
cellor, the form was gone through of a fictitious recovery in the Court of
Common Pleas, and Wolsey was required to execute a recognisance that the
right was in the King. Judge Shelley was sent to Esher to obtain this from -i x ¦
him, but found him very reluctant — on the ground that the property was not his, u„,„___
and that he was robbing his successors of it. At last he said, " Master Shelley, -cy i a
ye shall make report to the King's Highness that I am his obedient subject and y , J
faithful chaplain and bondsman, whose royal commandment and request I will ai,gMo
in no wise disobey, but most gladly fulfil and accomplish his princely will and •''
pleasure in all things, and in especial in this matter, Inasmuch as ye, the fathers
of the laws, say that I may lawfully do it. Therefore I charge your conscience,
and discharge mine. Howbeit, I pray you show his Majesty from me that I
most humbly desire his Highness to call to his most gracious remembrance that
there is both heaven and hell." — We may well believe that Master Shelley did
not venture to sound this salutary warning in the royal ear.
K K 2

500 REIGN OF HENRY VIIL
CHAP, south, being very loath to abandon their native country,
^^^^- their parents, wives, and children." *
Wolsey, notwithstanding his reduced fortune, had still a
train of 160 persons, and twelve carts to carry his baggage.
He made short stages, sleeping at different religious houses,
where he was hospitably entertained. On Maundy Thursday,
being at the abbey of Peterborough, he washed, wiped, and
kissed the feet of fifty-nine beggars, on whom he bestowed
liberal alms. Having paid a visit to Sir WiUiam Fltz-
wilUam, a wealthy knight of that country, he spent the
summer and autumn at Southwell, Scroby, and Cawood
Castle, near York, — acquiring Immense popularity by his con
descension, his kindness, his hospitality, and his piety. " He set
an example to aU church dignitaries, a right good example
how they might win men's hearts." On Sundays and holidays
he rode to some country church, celebrated mass hltnself,
ordered one of his chaplains to preach to the people, and dis
tributed alms to the poor. He spent much of his time in
adjusting differences in families and between neighbours.
His table, plentifuUy but not extravagantly supplied, was
open to all the gentry of the country, and he gave employ
ment to hundreds of workmen In repairing the houses and
churches belonging to his see.f
A.D. 1530. Wolsey had appointed his InstaUatlon as Archbishop to
His instai- ^g^]jg place lu York Minster on the 7th of November, and
lation as ^ . r. i I
Archbishop preparations were made to periorm the ceremopy with great
appointed, pomp and magnificence. Presents of game and other pro
visions poured In from aU quarters for the entertainment he
was that day to give, and ou the morrow he had agreed to
dine with the Lord Mayor of York, when the greatest efforts
were to be made to do him honour. But before the time
arrived he was a prisoner on a charge of high treason, and he
had sustained a mental shock which soon brought him to his
grave.
Alarm at Hcury, who had recommended to the northern nobility to
Court from ___ , , , ,
his popu- be courteous to W olsey, was not a little startled when he
larity. heard of the following which the Cardinal now had, Inde-
* Cav. 307. t Ibid, 328,

CARDINAL -WOLSEY. 501
pendently of the royal favour. The courtiers were stUl more chap.
astounded, and the "night crow," as he styled Anne Boleyn,  '
uttered notes of fear. The divorce-suit was still dragging on,
and there seemed no chance of bringing it to a favourable
conclusion without a rupture with the Court of Rome, which
Wolsey might very seriously have impeded.
On Friday the 4th of November, about noon, when the He is ar-
Cardinal was sitting at dinner In his hall with his officers, ^^^^^^ ^°'
suddenly entered the Earl of Northumberland, who had been treason.
bis page, and whom he had divorced from Anne Boleyn.
Wolsey apologised to him that dinner was nearly over, and
seeing him attended by the old servants of the family, said : —
" Ah, my Lord, I perceive well that ye haye observed my
old precepts and Instructions which I gave you when you
were abiding with me In your youth, — to cherish your
father's old servants, whereof I see here present with you a
great number. They will live and die with you, and be true
and faithful servants to you, and glad to see you prosper in
honour, the which I beseech God to send you with long life."
The Cardinal then conducted the Earl to a chamber where,
no one else being present but Cavendish himself, who kept
the door as gentleman-usher, "the Earl, trembling, said with
a very faint soft voice unto my Lord (laying his hand upon
his arm), — My Lord, I arrest you of high treason." He re
fused to submit without seeing the warrant, which was
refused ; but he surrendered to Walshe, a privy councUlor,
who, he admitted, had authority to arrest him by virtue of his
office. When he had a moment's time to recover from the stupor His beha-
caused by this blow, he wept bitterly, — more for the sake of "°"'^'
others than himself. He particularly lamented the fate of
Cavendish, about to be thrown destitute on the wide world,
" who," quoth he, " hath abandoned his own country, his wife
and children, his house and family, his rest and quietness,
only to serve me." At the next meal he summoned firmness
to appear In the hall ; but " there was not a dry eye among
aU the gentlemen sitting at table with him."
The particular charge to be brought against Wolsey has
never been ascertained ; the general opinion is, that Henry
K K 3

502

REIGN OP HENRY VIII.

CH,\P. XXIX.

He is car
ried off
a prisoner.

His stay at
SheffieldPark.

His alarm
at prophecy
that he
should die
near King
ston.

had been Induced to belie\^e that he was carrying on some
clandestine correspondence of a suspicious nature with the
Court of France, and that Augustine, a Venetian In his
service, had given some false information against him.*
The next day after his arrest, he was committed to the
special custody of five of his domestics, and sent off under the
escort of the Earl of Northumberland's train towards London.
But the population of the adjoining country, hearing of his
misfortune, met him by thousands as he journeyed on, calling
out with a loud voice, " God save your Grace, God save
your Grace. The foul evil take all them that have thus
taken you from us ! We pray God that a very vengeance
may light upon them."
They afterwards obliged him to travel in the night time
to escape public notice. He expressed great regret for the
loss of a sealed parcel he had left behind him at Cawood.
This being sent for was f&und to contain hair shirts, one of
which he now always wore next his skin.
The first night he was lodged in the abbey at Pontefract.
In journeying thither he expressed great apprehension lest
his destination should be Pontefract Castle, where so many
had suffered violently ; and he said, " Shall I go to the
Castle, and die like a beast ? " On the Thursday he reached
Sheffield Park, where he was eighteen days very kindly en
tertained by the Earl of Shrewsbury till orders should be re
ceived from Court for his ulterior destination.
At the end of this time arrived Sir WiUiam Kingston,
Keeper of the Tower, with a guard of twenty-four beef-eaters
to conduct him to London. When the name of this officer
was mentioned to him, — " Master Kingston ! " quoth he,
— " rehearsing his name once or twice ; and with that
clapped his hand on his thigh, and gave a great sigh." He
no doubt then recollected the prophecy by some fortune-
teUers, respecting which Cavendish is silent, but which Is
mentioned by Fuller and other writers, that he should have

* A few days before, the silver cross of York standing in the hall, was upset
by the velvet robe of the Venetian, which at the moment Wolsey said was
malum omen.

CARDINAL WOLSEY. 503
his end near Kingston. This had Induced hira always to make CHAP.
a wide circuit to avoid Kingston-on-Thames when he ap
proached that town, and the emotion he now displayed is
accounted for by his anticipation that he was about to finish
his career on Tower Hill, In the custody of Kingston, " too
late perceiving himself deceived by the father of lies." *
For some days he was afflicted with a dysentery ; but, as His illness,
soon as he was able to travel he set forward for London, al
though so much reduced in strength, that he could hardly
support himself on his mule. When his servants saw him In
such a lamentable plight, they expressed their pity for him
with weeping eyes ; but he took them by the hand as he rode,
and kindly conversed with them. In the evening of the third Arrives at
Leicester
day, after dark, he arrived with difficulty at the Abbey of 26th Nov.
Leicester. The Abbot and Monks met him at the gates, with ^^^^"
many torches. As he entered he said, " Father Abbot, I am
come to lay my bones among you."
He was immediately carried to his chamber, and put Into a Prophesies
bed, from which he never rose. This was on Saturday night, his death.
and on Monday he foretold to his servants, " that by eight of
the clock next morning they should lose their master, as the
time drew near that he must depart out of this world."
Next morning, about seven, when he had confessed to a
priest, Kingston asked him how he did. " Sir," quoth he,
" I tarry but the will and pleasure of God, to render my
simple soul into his divine hands. If I had served God as
diligently as I have done the King, he would not have given
me over In my grey hairs. Howbeit, this is the just reward
that I must receive for my worldly diligence and pains that
I have had to do him service ; only to satisfy his main plea
sure, not regarding my godly duty. Wherefore, I pray you,
with all my heart, to have me most kindly commended unto
his royal majesty ; beseeching him. In my behalf, to caU to
his most gracious remembrance all matters proceeding be
tween him and me, from the beginning of the world unto this
day, and the progress of the same, and most and chiefly in
* Fuller's Church History, book v.
K K 4

504 REIGN OF HENRY VIIL
CHAP, the weighty matter yet depending * ; then shall his conscience
¦ declare, whether I have offended him or no. He is a sure
prince, of a royal courage, and hath a princely heart : and
rather than he will either miss, or want any part of his will
,or appetite, he will put the loss of one half of his realm in
danger. For, I assure you, I have often kneeled before hini
In bis Privy Chamber, on my knees, the space of an hour or
two, to persuade him from his will and appetite ; but I could
never bring to pass to dissuade him therefrom. Therefore,
Master Kingston, If it chance hereafter you to be one of his
Privy Council, as for your wisdom and other qualities ye are
meet to" be, I warn you to be well advised and assured what
matter ye put In his head, for ye shall never put It out
again." After a strong admonition to the King to suppress
the Lutheran heresy, he thus concluded : " Master Kingston,
farewell. I can no more but wish all things to have good
success. My time draweth on fast. I may not tarry with
Nov 29. you. And forget not, I pray you, what I have said and
charged you withal; for, when I am dead, ye shall, per
adventure, remember my words much better." f
He dies. jjg .^^j^g ^.j^gjj annealed by the Father Abbot ; and, as the
great Abbey clock struck eight, he expired — " Kingston "
standing by his bed-side.
His burial. HIs body was immediately laid In a coffin, dressed In his
pontificals, with mitre, crosses, ring, and pall; and, lying
there all day open and barefaced, was viewed by the Mayor
of Leicester and the surrounding gentry, that there might be
no suspicion as to the manner of his death. It was then
carried Into the Lady Chapel, and watched, with many
torches, aU night ; — whUst the monks sung dirges and other
devout orisons. At six In the morning mass was celebrated
for his soul ; and as they committed the body of the proud
Cardinal to Its last abode, the words were chanted, " Earth
to earth, ashes to ashes, dust to dust ! " No stone was
erected to his memory ; and the spot of his Interment is un
known. " Here is the end and fall of pride and arrogancy."!
* Thc divorce. f CaV. 392. \ Ibid. 394.

CARDINAL WOLSEY. 505
I shall not attempt to draw any general character of this CHAP.
eminent man. His good and bad qualities may best be ^
understood from the details of his actions, and are immor-
taUsed by the dialogue between Queen Catherine and Griffith,
her secretary, which Is familiar to every reader.*
But the nature of this work requires that I should more His con-
deliberately consider him as a Judge ; for, although he held judge! ^
the Great Seal uninterruptedly for a period of fourteen years,
and greatly extended its jurisdiction, and permanently In
fluenced our juridical institutions, not only historians, but
his own biographers. In describing the politician and the
churchman, almost forget that he ever was Lord Chancellor.
From his conference with Justice Shelly respecting York His no-
Place, we know exactly his notions of the powers and duties ^"^^°
of the Chancellor as an Equity Judge. When pressed by
the legal opinion upon the question, he took the distinction
between law and conscience, and said, " It Is proper to have
a respect to conscience before the rigour of the common law,
for laus est facere quod decet non quod licet. The King ought
of his royal dignity and prerogative to mitigate the rigour
of the law where conscience has the most force ; therefore.
In his royal place of equal justice he hath constituted a Chan
cellor, an officer to execute justice with clemency, where
conscience Is opposed to the rigour of the law. And there
fore the Court of Chancery hath been heretofore commonly
called the Court of Conscience, because it hath jurisdiction
to command the high ministers of the Common Law to spare
execution and judgment, where conscience hath most effect." f
With such notions he must have been considerably more
arbitrary than a Turkish Kadi, who considers himself bound
by a text of the Koran in point, and we are not to be sur
prised when we are told that he chose to exercise his equitable
authority over every thing which could be a matter of judicial
inquiry.
- In consequence, bills and petitions multiplied to an un- Increase of
precedented degree, and notwithstanding his despatch there business.
was a great arrear of business. To this grievance he applied

* Hen. VIIL, act iv. sc. 2. t ^av. p. 283.

506

REIGN OF HENRY VIII.

CHAP,
XXIX,
Establishes
auxiliary Courts.

His com
plaints of
the lawyers.

a very vigorous remedy, without any appUcation to parliament
to appoint VIce-chanceUors ; — for of his own authority he
at once established four new Courts of Equity by commission
in the King's name. One of these was held at Whitehall
before his own deputy ; another before the King's almoner.
Dr. Stoherby, afterwards Bishop of London ; a third at the
Treasury Chamber before certain members of the Council ;
and a fourth at the RoUs, before Cuthbert Tunstall, Master
of the Rolls, who, in consequence of this appointment, used
to hear causes there in the afternoon.* The Master of the
Rolls has continued ever since to sit separately for hearing -
causes In Chancery. The other three Courts fell with their
founder. Wolsey hunself used still to attend pretty regularly in the
Court of Chancery during term, and he maintained his
equitable jurisdiction with a very high hand, deciding without
the assistance of common law judges, and with very little
regard to the common law.
If he was sneered at for his ignorance of the doctrines and
practice of the Court, he had his revenge by openly com
plaining that the lawyers who practised before him were
grossly ignorant of the civil law and the principles of general
jurisprudence; and he has been described as often inter
rupting their pleadings, and bitterly animadverting on their
narrow notions and limited arguments. To remedy an evil
which troubled the stream of justice at the fountain-head, he,
with his usual magnificence of conception, projected an in
stitution to be founded in London, for the systematic study of
all branches of the law. He even furnished an architectural
model for the building, which was considered a master
piece, and remained long after his death as a curiosity In
the palace at Greenwich. Such an Institution Is still a
desideratum in England; for, with splendid exceptions, it

* In Reeve's History of the Law, it is said that this is tl;g first Instance of
the Master of the Bolls ever bearing causes by himself, he having been before
only the principal of the council of Masters assigned for the Chancellor's assist
ance ; but there have lately been found in the Tower of London, bills addressed
to the Master of the Rolls as early as the reign of Edward IV. — S?e 4 Reeves,
369.

CARDINAL WOLSEY. 507
must be admitted that English barristers, though very clever CHAP.
practitioners, are not such able jurists as are to be found 
in other countries where law is systematically studied as a
science. On Wolsey's fall his administration of justice was strictly Wolsey free
overhauled ; but no complaint was made against him of bery and
bribery or corruption, and the charges were merely that he corruption,
had examined many matters In Chancery after judgment
given at common law ; — that he had unduly granted injunc
tions ; — and that when his Injunctions were disregarded by
the Judges, he had sent for those venerable magistrates and
sharply reprimanded them for their obstinacy. He Is cele
brated for the vigour with which he repressed perjury and
chicanery In his Court, and he certainly enjoyed the reputation
of having conducted himself as Chancellor with fidelity and
ability, — although it was not till a later age that the found
ation was laid of that well-defined system of equity now
established, which Is so well adapted to all the wants of a
wealthy and refined society, and, leaving little discretion to
the Judge, disposes satisfactorily of all the varying cases
within the wide scope of Its jurisdiction.
I am afraid I cannot properly conclude this sketch of His natural
the Life of Wolsey without mentioning that " of his own children.
body he was 111, and gave the clergy ill example." He had a
natural son, named Winter, who was promoted to be Dean
of WeUs, and for whom he procured a grant of " arms "
from the Herald's College. The 38th article of his Im
peachment shows that he had for his mistress, a lady of the
name of Lark, by whom he had two other children ; there
were various amours in which he was suspected of having
Indulged, and his health had suffered from his dissolute life.
But we must not suppose that the scandal arising from such
irregularities was such as would be occasioned by them at the
present day. A very different standard of morality then
prevailed: churchmen, debarred from marriage, were often
licensed to keep concubines, and as the Popes themselves
were In this respect by no means Infallible, the frailties of a
Cardinal were not considered any insuperable bar either to
secular or spiritual preferment.*
* Many gibes, however, seem to have been current against the licentious

508 REIGN OF HENRY VIII.
CHAP. In judging him we must remember his deep contrition for
 ¦ his backslidlngs ; and the memorable lesson which he taught
His re- with his dying breath, that, to ensure true comfort and
pentance. happiness, a man must addict himself to the service of God,
instead of being misled by the lures of pleasure and am
bition. The subsequent part of Henry's reign Is the best panegyric
on Wolsey ; for, during twenty years, he had kept free from
the stain of blood or violence the Sovereign, who now, fol
lowing the natural bent of his character, cut off the heads of
his wives and his most virtuous ministers, and proved himself
the most arbitrary tyrant that ever disgraced the throne of
England. *
conduct of the Cardinal, as we may judge from Lord Surrey's speech to
him: — " I'll startle you
Worse than the sacring bell, when the brown wench
Lay kissing in your arms, Lord Cardinal,"
Skelton tSjewlse was probably only embodying in rhyme the common talk of the
town when nSSwrote, —
" The goods that he thus gaddered
Wretchedly he hath scattered, —
To make windows, walles, and dores.
And to maintain bauds and whores."
* See Fiddes's Life of Wolsey, folio, 1724, Gall's Life of Wolsey, 4to, 1812,

LIFE OP SIR THOMAS MORE. 509

CHAPTER XXX.
LIFE OF SIR THOMAS MORE, LOED CHANCELLOR OF ENGLAND, FEOM
HIS BIETH TILL THE END OE THE EEIGN OF HENEY VU.
The Great Seal having been surrendered, as we have seen, chap.
by Cardinal Wolsey, into the hands of the Dukes of Norfolk xxx.
and Suffolk, they delivered it to Taylor, the Master of the ^ZTTgT"
Rolls, to carry to the King; who, having himself sealed is 29,
certain letters patent with it, enclosed it in a bag under his
own signet and under the seals of the Master of the RoUs
and Stephen Gardyner, afterwards the famous Bishop of
Rochester.* Considerable difficulty arose about the appointment of a Difficulty
new ChanceUor. Some were for restoring the Great Seal to ? appomt-
o ing a suc-
Ex-chanceUor Archbishop Warham ; and Erasmus states that cesser to
he refused It f : but there Is reason to think that a positive ° ^^^'
resolution had been before taken by Henry, and his present
advisers, that It should not be again Intrusted to any church
man, f
There was an individual designated to the office by the
public voice. To give credit to the new administration, there
was a strong desire to appoint him, for he was celebrated as a
scholar In every part of Europe ; he had long practised with
applause as a lawyer ; being called to Court, he had gained
the highest credit there for his abilities and his manners ; and
he had been employed in several embassies abroad, which he
had conducted with dexterity and success. The difficulty
was that he had only the rank of a simple knight ; and there
had been no instance hitherto of conferring the Great Seal on
a layman who was not of noble birth, or had not previously
gained reputation by high judicial office. In consequence,
* Rot. Cl, 21 Hen. 8, m. 19. f Ep. p, 1347,
1 On the 22d October the Bishop of Bayonne writes to his court, " On ne
sfalt encore qui aura le sceau. Je croy bien que les prestres n'y toucheront
plus, et que en ce parliament ils auront de terribles alarmes,"

510 LIFE OP
CHAP, there was a struggle in favour of the selection of one of the
^^^' chiefs of the Common Law Courts at Westminster. But the
Sir Thomas ^opc that the person first proposed was the best fitted to
More ap- manage the stUl pending negotiation for the divorce, came
^"'"'^ " powerfully In aid of his claims on the score of genius, learn
ing, and virtue ; and, on the 25th of October, In a Council
held at Greenwich, the King delivered the Great Seal to Sir
Thomas More, and constituted him Lord Chancellor of
England.*
His birth. This extraordinary man, so interesting in his life and In
his death, was born In the year 1480, near the end of the
reign of Edward IV. He was the son of Sir John More, a
Judge of the Court of King's Bench, who lived to see him
Lord Chancellor. The father's descent is not known, but he
was of " an honourable though not distinguished family,"
and he was entitled to bear arms, a privilege which showed
him to be of gentle blood, and of the class which In every
other country except ours Is considered noble. The old
Judge was famous for a facetious turn, which he trans
mitted to his son. There Is only one of his sayings handed
down to us, and this, we must hope, was meant rather
as a compliment to the good qualities of his own partner
for life than as a satire on the fair sex. " He would
compare the multitude of women which are to be chosen
for wives unto a bag full of snakes, having among them
a single eel : now, if a man should put his hand into this
bag, he may chance to light on the eel; but it Is a hun
dred to one he shall be stung by a snake." f The future
Chancellor sprung from that rank of life which is most fa
vourable to mental cultivation, and which has produced the
greatest number of eminent men In England ; for, while we
have instances of gifted individuals overcoming the disad
vantages of high birth and affluence as well as of obscurity
and poverty, our Cecils and Walpoles, our Bacons and
Mores, have mostly had good education and breeding under a
father's care, — with habits of frugality, and the necessity for
* Rot. Cl. 21 Hen. 8. m, 19, f Camden's Remains, p. 251,

LORD chancellor SIR THOMAS MORE. 511
Industry, energy, and perseverance to gain distinction In the chap.
world. ^^^•

The lawyers In those days, both judges and barristers, lived
in the City, and young More first saw the light In Milk Street,
Cheapslde, then a fashionable quarter of the metropolis.
He received the early rudiments of bis education at St. His educa-
Anthony's school. In Threadneedle Street, a seminary which *'°"-
gained great and well-deserved repute, having produced Arch
bishop Heath, Archbishop Whitgift, and many other eminent
men. In his fifteenth year, according to the custom of which
we have seen various examples, he became a page in the Page to
family of Cardinal Morton, Archbishop of Canterbury, and ^if^"^^
Lord Chancellor under Henry VII. Here, along with sons
of the best families In England, he waited at table, and was
Instructed In all learning and exercises. His lively parts
soon attracted the notice of his master, who, though turned
of eighty, and filling such dignified offices, still encouraged
amusement, and had the sagacity to discover the extra
ordinary merit, and to foretell the future celebrity of his
page. "For the Cardinal often would make trial of his
present wit, especiaUy at Christmas merriments, when having
plays for his recreation, this youth would suddenly step up
among the players, and, never studying before upon the
matter, make often a part of his own invention, which was so
witty and so fuU of jests, that he alone made more sport than
all the players besides ; for which his towardllness the Car
dinal much delighted In him, and would often say of him
unto divers of the nobiUty who at siindry times dined with
him, " This child here, waiting at the table, whosoever shall live
to see it, will prove a marvellous rare man' " * The youthful
page was not behind In penetration of character, and duly ap
preciated the qualities of the wary courtier who, the model for
future Talleyrands, had continued to flourish amid all the vicis
situdes of the state, and having united the Red and the White
Roses, still enjoyed without abatement the confidence of the
founder of the House of Tudor. The historian of Rlch-
* More's Life, 1 9, Roper, 4.

512 LIFE OP
CHAP, ard IIL, drawing the character of Morton, says (no doubt
from early recollections), " He was a man of great natural

wit, very well learned, honourable in behaviour, lacking in no
wise to wiri favour." *
A.D, 1496. But, by the kind advice of his patron, who had great care
University, of his bringing up, and was afraid that he might not profit In
sound learning so much as might be desired amid the dis
tractions of the Archiepiscopal palace, he was removed to
the University of Oxford. He lodged at New Hall, but studied
at Canterbury CoUege, afterwards Christ Church. He must
now have led a very different Ufe from what he had enjoyed
at Lambeth ; for, " in his allowance, his father kept him very
short, suffering him scarcely to have so much money In his own
custody as would pay for the mending of his apparel ; and, for
his expenses, he would expect of him a particular account. " f
' Though much pinched, and somewhat dissatisfied at the time,
he often spoke of this system with much praise when he
came to riper years ; affirming, that he was thereby curbed
from all vice and withdrawn from gaming and naughty
company. %
Here More remained above two years, devoting himself to
study with the utmost assiduity and enthusiasm. Erasmus,
Invited to England by Lord Mountjoy, who had been his
pupil at Paris, was now residing at Oxford, and assisting in
spreading a taste for Greek literature recently introduced
there by Grocyn, Linacre, and Collet, who had studied It In
Italy under Politlan and Chalcondylas. More and Erasmus,
resembling each other In their genius. In their taste, in their
acute observation of character and manners. In their lively
sense of the ridiculous, in their constant hilarity, and in their
' In his Utopia he praises hira more liberally, but still with a touch of satire,
as " of Incomparable judgment, a memory more than credible, eloquent in
speech, and, which is more to be wished In clergymen, of singular wisdom and
virtue." t More's Life of Sir T. More, 18.
j: His great grandson, who wrote in the reign of Charles L, more than two
centuries ago, in describing how his ancestor when at College escaped " play
and riot," adds, " wherein most young men in these our lamentable days plunge
themselves too timely, to the utter overthrow as well of learning as all future
virtue."

LORD CHANCELLOR SIR THOMAS MORE. 513
devotion to classical lore, soon formed a close friendship CHAP.
which lasted through life without Interruption or abatement, 
and which was fostered during absence by an epistolary cor
respondence still extant, affording to us the most striking
sketches of the history and customs of the times In which
they lived.
At the University, while More " profited exceedingly in His early
rhetoric, logic, and philosophy," he likewise- distinguished P°^™^'
himself very much by the composition of po.ems, both Latin
and English. Some of these are to be found In collections of
his works ; and, though Inferior to similar efforts in the suc
ceeding age, they will be found Interesting, not only as
proofs of his extraordinary precocity, but as the exercises by
which he became the earliest distiaguished orator, and the
earliest elegant prose-writer using the English language.*
* As a specimen I will give a few extracts from that which is considered the
most successful of his poetical effusions in Latin. It proceeds on the idea, that
become an old man, he sees again a lady whom he had loved when they were
both very young, and who is still charming in his eyes.
*' Gratulatur quod earn reperit incolumem quam oUm ferme puer amaverat.
" Vlvis adhuc, primis 6 me mihi charier annis,
Redderls atque oculis Ellzabetha meis:
Q,use mala distinuit mihi te fortuna tot annos,
Pene puer vldl, pene revlso senex.
Tempora quae tenercB numquam non Invlda formse
Te rapuere tibi, non rapuere mihi."
He afterwards refers in touching language to their first interview, and gives a
description of her charms, after the fashion of the Song of Solomon : —
" Jam sublt ilia dies qua ludentem obtulit ollm
Inter vlrglneos te mihi prima chores.
Lactea cum flavl decuerunt colla capllli.
Cum gena par nivlbus visa, labella rosis.
Cum tua perstringunt oculos duo sydera nostros,
Perque oculos intrant in mea corda meos."
Their flirtation was very marked : —
" Cum socils rlsum exhlbult nostrlsque tuisque
Tam rudls et simplex et male tectus amor. "
Now comes the constancy of his attachment : —
" Ergo Ita disjunctos diversaque fata secutos
Tot nunc post hyemes reddidit ista dies.
Ista dies qua rara meo mihi Isetitiore asvo,
Contlgit accursu sospitis alma tui.
Tu prajdata meos ollm sine crimine sensus,
Nunc quoque non ullo crimine chara manes."
Let it be remembered that these verses were written in the middle of the
reign of Henry VIL, when the war of the Roses had almost extinguished in Eng
land the remembrance of Chaucer, and no other poetical genius had yet arisen.
VOL. I. L L

514

LIFE OP

CHAP. XXX.

A. n. 1498.
At inns of
court.

His great
proficiency
in law.

A, D. 1500.
Gives lec
tures in a
church.

More had been destined by his father to wear the long
robe ; and, having completed his course at Oxford, he was
transferred to London, that he might apply to the study of
the law. According to the practice then generaUy foUowed,
he began at New Inn, " an Inn of Chancery," where was ac
quired the learning of writs and procedure ; and he after
wards belonged to Lincoln's Inn, " an Inn of Court," where
were taught the more profound and abstruse branches of the
science. With us a sufficient knowledge of jurisprudence is
supposed to be gained by eating a certain number of dinners
HI the haU of one of the Inns of Court, whereby men are
often caUed to the bar wholly ignorant of their profession ;
and, being pushed on by favour or accident, or native vigour
of mind, they are sometimes placed in high judicial situations,
having no acquaintance with law beyond what they may have
picked up as practitioners at the bar. Then the Inns of
Court and Chancery presented the discipline of a well-con
stituted University ; and, through Professors, under the name
of " Readers," and exercises, under the name of " Mootlngs,"
law was systematically taught, and efficient tests of pro
ficiency were applied, before the degree of barrister was
conferred, entitling the aspirant to practise as an advocate.
More so much distinguished himself, that he was early ap
pointed Reader to Furnlval's Inn, an Inn of Chancery, under
the superintendence of Lincoln's Inn ; and there he delivered
lectures, with great applause, for three years.
It rather puzzles us to understand the nature of his next
appearance in pubUc. " After this, to his great commend
ation, he read for a good space a public lecture of St.
Augustine, De Civitate Dei, in the church of St. Lawrence,
In the Old Jewry ; whereunto there resorted Doctor Grocyn,
an exceUent cunning man, and all the chief learned of the
city of London." * We Cannot understand a parish church
converted Into a lecture-room ; and a young lawyer mounting
the pulpit, and discoursing to a large congregation on things
sacred and secular. It is said, that he did not so much dis
cuss points of divinity, as moral phUosophy and history. He

Roper, 16.

LORD CHANCELLOR SIR THOMAS MORE. 515
was run after by the great, the learned, and the fashionable; CHAP.
and Collet, his Oxford friend, now Dean of St. Paul's, and  '

the future founder of St. Paul's School, was wont to say at
this time, that " there was but one wit in England, and that
was young Thomas More."*
Though called to the degree of barrister, he had not begun wishes to
to plead In Court ; and he was now disposed for ever to re- ^^^^ ^
nounce the pomp and vanity of the world, and to bury himself
In a convent. His modern biographers very improperly shrink
from this passage of his Ufe ; for If It were discreditable to him
(which it reaUy Is not), still it ought to be known, that we may
justly appreciate his character. He was so transported with the
glory of St. Augustine, and so enraptured with the pleasures
of piety, and so touched with the peace, regularity, and
freedom from care of a monastic life, that he resolved- to enter ¦
the order of St. Francis. But before taking the irrevocable
vow of celibacy, shaving his crown, putting on the grey serge
garment fastened by a twisted rope, and walking barefoot in
quest of alms, he prudently made an experiment how strict
monastic discipline would permanently suit him. " He began
to wear a sharp shirt of hair next his skin. He added also to
his austerity a whip every Friday and high fasting days,
thinking that such cheer was the best alms that he could
bestow upon himself He used also much fasting and watch
ing, lying often upon the bare ground or upon some bench,
laying a log under his head, allotting himself but four or five
hours in a night at the most for his sleep, imagining, with
the holy saints of Christ's chiirch, that his body was to be
used as an ass, with strokes and hard fare, lest provender
might pride It, and so bring his soul, like a headstrong jade,
to the bottomless pit of heU."t With this view he took a
lodging close by the Carthusian monastery, now the site of
the Charterhouse school, and as a lay brother practised all the
austerities which prevaU in this stern order. He found these
* " Augustini libros de civitate Dei publice professus est, adhuc pene ado-
lescens auditorio frequent! ; nee puduit nee poenitult sacerdotes ac senes a
juvene profano sacra discere." — Eras. Ep.
f More, p. 25,

516

LIFE OF

CHAP. XXX.
On trial
dislikes Carthusian
discipline.

Resolves to
marry.

His court
ship.

after a tune not edifying to his piety, and he, a rigid Roman
CathoUc, doubted the advantages supposed to be conferred
on religion by the monastic orders, which a certain section of
professing Protestants are now so eager to re-establish.
He then wished to become a priest ; and, as such, he might,
according to received notions, have enjoyed, with little re
straint, all the pleasures of the world ; but he was too con
scientious to avail himself of licences or dispensations, or to
consider custom an excuse for violating the engagements of
the clerical state if he should enter into it. Finding that
these would not permanently suit him, he resolved to marry,
and, having returned to his profession, to exert all his energies
in it, that he might rise to distinction and be able creditably
to maintain his family. " God had allotted him for another
state, — not to live solitary — but that he might be a pattern
to reverend married men how they should carefully bring up
their children ; how dearly they should love their wives ; how
they should employ their endeavours wholly for the good of
their country, yet excellently perform the virtues of religious
men, as piety, humility, obedience, yea conjugal chastity."*
Owing to the tenderness of his nature, the sweetness of his
disposition, his equal flow of mirthful thoughts, as well as his
habits of regularity and industry, he was singularly well
adapted to domestic life ; and no one ever more exquisitely
enjoyed its blessings.
From his descendant we have the foUowing curious account
of his courtship. " Sir Thomas having determined, by the
advice and direction of his ghostly father, to be a married
man, there was at that time a pleasant conceited gentleman
of an ancient family In Essex, one Mr. John Colt, of New
Hall, that invited him unto his house, being much delighted
in his company, proffering unto him the choice of any of his
daughters, who were young gentlewomen of very good car
riage, good complexions, and very religiously Inclined;
whose honest and sweet conversation and virtuous education

• More, 26.
Ep.

' Malult marltus esse oastus quam sacerdos Impurus,

."—Eras.

LORD CHANCELLOR SIR THOMAS MORE. 517

enticed Sir Thomas not a little; and although his affection chap.
most served him to the second, for that he thought her the ^^^•
fairest and best favoured, yet when he thought with himself
that it would be a grief and some blemish to the eldest to
have the younger sister preferred before her, he, out of a kind /
of compassion, settled his fancy upon the eldest, and soon
after married her with all her friends' good liking."*
Some have said that he selected a rustic girl whom he
might fashion according to his own notions of female pro
priety t ; but the probability is, that he was exceedingly de
lighted to exchange the company of the Carthusian brethren
for that of the " Mistress Colts," having been long a stranger
to female society ; — that he preferred the conversation and
manners of Jane, the eldest, although the second was a more
showy beauty; and that, although he had a good deal to
teach his bride when he brought her to London, she was as
well educated and accomplished as country Squires' daughters
generaUy were In the beginning of the sixteenth century.
There never was a happier union. He settled her in a HappUy
house in Bucklersbury, where they lived in uninterrupted ""'"'^ ¦
harmony and affection.
He now applied himself with unremitted assiduity to the Rapid pro-
business of his profession, being stimulated, and cheered, and f rofession.'^
comforted, and rewarded by her smiles. When he was Lord
High Chancellor, he must have looked back with a sigh to
this portion of his career. He rose very rapidly at the bar,
and was particularly famous for his skill in international law.
It seeiP-s strange to us that he at the same time accepted a- d, i502,
and retained the office of under-sheriff of the city of London, aer-sherlff
This office was then judicial, and of considerable dignity. I of London,
conjecture that the under-sheriff, besides his other duties, sat
In the Court of the Lord Mayor and of the Sheriffs, In which
causes of Importance were then determined, and the jurisdic
tion of which, by the process of foreign attachment, was very
* More, 39,
f This notion is an improvement on Erasmus, who is silent on the sacrifice
of inclination to compassion, " Virginem duxit admodum puellam, claro genere
natam, rudem adhuc utpote rurl Inter parentes ac sorores semper habitam, quo
magis nil liceret illam ad suos mores fingere. Hanc et Uteris instruendam
curavlt, et omni muslces genere doctam reddidit." — Eras. Ep.
1, 1, 3

518

LIFE OF

CHAP, XXX,
A n, 1504,

Returned
to parlia
ment, Jan, 16.
1504.

Excessive
subsidy de
manded by
Henry to
marry his
daughter.

extensive. Erasmus, after stating that his Court was held
every Thursday, observes, that no judge of that Court ever
went through more causes ; none decided them more up
rightly, — often remitting the fees to which he was entitled
from the suitors. His deportment in this capacity endeared
him extremely to his fellow-citizens. *
But he was now to make a figure In a new line. After an
intermission of parUaments for about seven years, one was
called in the beginning of the year 1504, for the purpose of
obtaining a subsidy on the marriage of Margaret, the King's
eldest daughter, with James IV., King of Scots. More was
returned to the House of Commons, "for many had now
taken notice of his sufficiency ; " ' and he is recorded as the
first member of that assembly who gained celebrity by public
speaking, and who, as a successful leader of opposition,
incurred the enmity of the Court. Henry was entitled, ac
cording to the strictest feudal law, to a grant on this occa
sion f ; but he thought It a favourable opportunity for grati
fying his avarice, and he required a much greater sum than
he intended to bestow upon the Scottish Queen. " When the
consent of the Lower House was demanded to these impo
sitions, most of the rest either holding their peace or not

Proofs that * Eras. Ep. Although Roper, himself a lawyer, distinctly narrates that his
More held father-in-law was under-sheriff, some, from an affected regard for the dignity of
the office of the Chancellor, have tried to deny that he held an office which would now be
under- declined by an eminent solicitor ; but in his Epitaph, pirepared by himself, we find
sheriff. these words : " In urbe sua pro JShyrevo dixit ; " and an entry has been found in
the records of the common council, "that Thomas More, gent., owe of the under-
sheriffs of London, should occupy his office and chamber by a sufficient deputy
during his absence as the King's ambassador In Flanders." Edward Dudley,
Attorney General to Henry VII., was one of the under-sheriffs, and Thomas
Marrow, one of the greatest lawyers of his day, filled the office about the same
time. More himself set the highest value on this office ; for he informs Erasmus
that, on his return from Flanders, he declined a handsome pension offered him by
the King, which he could not hold -without resigning bis under-sheriffship, for
in case of a controversy with the King about the privileges of the city, he might
be deemed by his fellow-citizens to be disabled by dependence on the Crown
from securely and manfully maintaining their rights. — Morus Erasmo, 1516.
In the first edition of the Utopia, printed at Louvaln by Theodore Martin in
1516, the work is stated to be " Per clarisslmum et eruditissimum Virum
D. Thomam Morum, Civem et Vice-comitem Londinensem," — from which some
have supposed that he had reached the dignity of High Sheriff; but this de
signation must have proceeded from Ignorance of the different degrees of
shrieval dignity in England.
t The King, like every feudal lord, could claim an aid to knight his eldest
son, to marry his eldest daughter, or to redeem himself from captivity.

LORD CHANCELLOR SIR THOMAS MORE. 519
daring to gainsay them, though they seemed unwilling. Sir CHAP.
Thomas, making a grave speech, pronounced such urgent •^^^¦

arguments why these exactions were not to be granted, that More's
thereupon all the King's demands were crossed, and his maiden
request denied ; so that Mr, Tyler, one of the King's Privy agtinst the
Chamber, went presently from the House, and told his subsidy.
Majesty that a beardless boy had disappointed him of aU his
expectations." * " Whereupon the King, conceiving great In
dignation towards him, could not be satisfied until he had
some way revenged It." f
According to the Tudor practice establi-shed in subsequent indigna-
relgns. More ought to have been sent to the Tower for his k°"°^*^^
presumption; but Henry had always a view to his Ex
chequer, " and forasmuch as he, nothing having, nothing could
lose, hia Grace devised a causeless quarrel against his father,
keeping him in the Tower till be had made him pay to him a
hundred pounds fine. Shortly hereupon it fortuned that
Sir Thomas More coming In a suit to Dr. Fox, Bishop of
Winchester, one of the King's Privy Council, the Bishop
called him aside, and pretending great favour towards him,
promised that If he would be ruled by him he would not fail
into the King's favour again to restore him, — meaning, as It
was afterwards conjectured, to cause him thereby to confess
his offences against the King, whereby his Highness might
with the better colour have occasion to revenge his dis
pleasure against him ; but when he came frora the Bishop he
fell into communication with one Maister Whitforde, his
famlUar friend, then chaplain to that Bishop, and showed him
what the Bishop had said, praying for his advice. Whitforde
prayed him by the passion of God not to follow the counsel,
for my Lord, to serve the King's turn, will not stick to agree
to his own father's death. So Sir Thomas More returned to
the Bishop no more." t To show that More acted wisely in

* More, 45. To add to the marvel of this brilliant success in the House of
Commons, More's biographers roundly assert that he was then only twenty-one
years of age j but it appears from the Statute Book and the Parliament Roll,
that this parliament met on the 16th of January, 1504, so that he was full
twenty-four, and as old as WUliam Pitt when Prime Minister of Great Britain.
t Roper, 7. t l^'d- »•
J, I. 4

520

LIFE OP

CHAP. XXX.

More re
solves to
go into
exile.

A.D, 1509.

Death of
HenryVIL

not making confessions to the King in the hope of pardon,
it Is related that when Dudley was afterwards led to execu
tion, along with Empson, meeting Sir Thomas More, he said
to him,- — " Oh, More, More ! God was your good friend that
you did not ask the King forgiveness, as manie would have
had you do, for if you had done so, perhaps you should have
been In the like case with us now."
Henry VII. continued to regard the young patriot with
an evil eye, and watched for an opportunity of effectually
wreaking his vengeance upon him, Insomuch that "he was
determined to have gone over sea, thinking that being In the
King's indignation he could not live In England without
great danger." * In the meanwhile he almost entirely with
drew from his practice at the bar, and devoted himself to
study, "perfecting himself in most of the liberal sciences, as
music, arithmetic, geometry, and astronomy, and growing to
be a perfect historian."! With a view to his foreign re
sidence, " he studied the French tongue at home, sometimes
recreating his tired spirits on the viol." X — But while he was
meditating exile, the death of the tyrant preserved him to his
country.

Roper, 9.

t More, 47.

\ Roper, 9.

LORD CHANCELLOR SIR THOMAS MORE. 52 1

CHAPTER XXXL

LIFE OF SIR THOMAS MOEE FEOM THE ACCESSION OF HENEr VUJ,
TILL HIS APPOINTMENT AS LOED CHANCELLOE.
More hailed the commencement of the new reign in a Latin chap,
poem, which contained lines not only praising the good qua- XXXL
litles of the youthful sovereign, but reflecting with great
bitterness on the oppression from which the nation had
escaped : — " Meta bsEC seivitii est, haec libertatis origo,
Tristitiie finis, laetitiaeque caput.
Nam juvenem secli decus O memorabile nostri
Ungit et in Regem praeficit ista tuum,
Regem qui cunctis lachrymas detergat ocellls,
Gaudia pro longo substituat gemitu.
Omnia discussis arrldent pectora curls,
Ut solet, excussa nube, nitere dies. —
Leges invalldsB priu.s, imo nocere coactcE,
Nunc vires gaudent obtinuisse suas.
Non metus occultos insibilat aure susurros
Nemo quod taceat, quodve susurret, habet."
Little did the poet foresee that this was to be the most
tyrannical and bloody reign In the annals of England, and
that he himself was to be doomed to a cruel death by him
whose clemency he celebrates. *
Meanwhile, More resumed his profession, and rose In West- April 22.
minster HaU to still greater eminence than he had before More re-
attained. " There was at that time In none of the Prince's s""ies his
Courts of the laws of this realm, any matter of importance In the bar. *
controversy wherein he was not with the one party of
counsel." f " He now gained, without grief, not so Uttle as
400/. by the year," an income which, considering the relative
* a poem on the union of the red and white roses, entitled " De'utraque
RossB in unum Coalita," written by him soon after, he thus prophetically
concludes (whether through accident or second sight, I know not) :
"At qui tam ferus est, ut non amet, ille timebit.
Nempe etiam spinas flos habet iste suas."
t Roper, 9.

522

REIGN OF HENRY VIII.

CHAP. XXXI.
Introduced
to the King
and Wol
sey.

Counsel for
the Pope
in a great
causc.

Enters the
service of
the King.

profits of the bar and the value of money, probably Indi
cated as high a station as 10,000Z. a year at the present day.
He was ere long introduced to the young King and to
Wolsey, now the prime favourite rising rapidly to greatness.
They were both much pleased with him, and were desirous
that he should give up the law for politics, and accept an
office at Court, • — the Cardinal thinking that, from his retired
habits and modest nature, he never could be dangerous as a
rival. More long resisted these solicitations, truly thinking
his situation as an eminent barrister more Independent as
well as more profitable.
He was about this time engaged In a cause celebre, of
which a circumstantial account has come down to us. A
ship belonging to the Pope having been seized at Southampton,
as forfeited to the Crown for a breach of the law of nations,
the Pope's Nuncio at the Court of London Instituted pro
ceedings to obtain restitution, and retained More, " at which
time there could none of our law be found so meet to be of
counsel." The hearing was in the Star Chamber before the Chan
cellor, the Chief Justices, the Lord Treasurer, and other
officers of state. To plead against the Crown before such a
tribunal was rather an arduous task ; but More displayed
great firmness and zeal, and, availing himself not only of his
own learning, but of the authorities and arguments furnished
to him by his client (himself a great civilian), he made such
an unanswerable speech for his Holiness that the judgment
was In his favour, and restitution was decreed.
The King was present at the trial ; and, to his credit be it
spoken, instead of being mortified by the loss of his pri?e,
and indignant against the counsel who had been pleading
against him, he joined all the hearers In praising More for
" his upright and commendable demeanor therein ; and for no
entreaty would henceforth be induced any longer to forbear
his service."*
In the early part of his reign, Henry VIII. was one of the
most popular Sovereigns that ever filled the throne of Eng-

Roper, 11.

LORD CHANCELLOR SIR THOMAS MORE. 523
land, and deserved to be so; for, beyond his fine person, his CHAP.
manly accomplishments, his agreeable manners, and the con- 
trast he presented to his predecessor, he showed a disposition
to patronise merit wherever It could be found ; and bis Court
was the resort of the learned and the witty, as well as the
high born and chivalrous.
More still retained his office in the city, but was prevailed t^"- i5i4.
upon to give up his practice at the bar. He was made (,ar.
Master of the Requests, knighted, and sworn of the Privy Master of
Council. * quests, &c.
He now removed from Bucklersbury, and topk up his His house
residence at Chelsea, in what might then be considered a ^' ^^^'
country-house, which he built for himself, and where he
amused himself with an extensive garden and a farm. To
his inexpressible grief, he had lost. his first wife after she had
brought him four children; and he had entered into a second His second
matrimonial union, not of sentiment, but convenience, with ^' ^'
Mrs. Alice Middleton, a widow lady, " of good years, and of
no good favour or complexion.". She was seven years older
than himself, and it is to be feared not always of the sweetest
disposition. " This he did because she might have care of
his children ; and she proved a kind step-mother to them."
Erasmus, who was often an Inmate In the family, speaks of
her as a keen and watchful manager, with whom More lived
on terms of as much respect and kindness as if she had been
fair and young. " No husband ever gained so much obedience
from a wife by authority and severity, as More by gentleness
and pleasantry. Though verging on old age, and not of a
yielding temper, he prevailed on her to take lessons on the
lute, the cithara, the viol, the monochord, and the flute, which
she daily practised to hlm."f
Yet from some of their conjugal dialogues, recorded by
members of the family, we are made to doubt whether the
sweetness of their intercourse was not occasionally flavoured
with a little acid. He would say of her, " that she was penny-
wise and pound-foollslj, saving a candle's end and spoiling
a velvet gown." She rated him for not being sufficiently
« Roper, l3. , f Erasm. Ep.

524

REIGN OP HENRY VIII.

CHAP. XXXL

His do
mestic life.

ambitious ; and, because he had no mind to set himself for
ward In the world, saying to him, " TiUie vaUie ! TlUie
vallie ! WIU you sit and make goslings in the ashes : my
mother hath often said unto me. It is better to rule than to be
ruled." — "Now, in truth," answered he, "that Is truly said,
good wife ; for I never found you yet willing to be ruled."*
He had soon a very numerous household ; for, his daughters
marrying, they and their husbands and their children all
resided under his roof, and constituted one affectionate family ;
which he governed with such gentleness and discretion, that
it was without broils or jealousies.
The course of his domestic life is minutely described by
eye-witnesses. " His custom Avas daily (besides his private
prayeifs with his chUdren) to say the seven psalms, the litany,
and the suffrages foUowing ; so was his guise with his wife
and children, and household, nightly, before he went to bed ;
to go to his chapel, and there on his knees, ordinarUy to say
certain psalms and collects with them." f Says Erasmus, " You
might imagine yourself in the academy of Plato. But I
should do Injustice to his house by comparing It to the
academy of Plato, where numbers, and geographical figures,
and sometimes moral virtues, were the subjects of discussion ;
it would be more just to call It a school and exercise of the
Christian religion. All Its Inhabitants, male or female, ap-
* Rop. More. In the metrical inscription which he wrote for his own monu
ment, there is a laboured commendation of Alice, which in tenderness is out
weighed by one word applied to Jane, the beloved companion of his youth :
" Chara TljomsB jacet hie Joanna uxorcula Mori. "
On the other hand the following epigram, which he composed after his second
marriage, shows a bitter feeling towards Alice as a shrew :
" Some man hath good,
But children hath he none ;
Some man hath both.
But he can get none health ;
Some hath all three,
But up to honor's throne
Can he not creep by no manner of stealth.
To some she sendeth children,
Riches, wealth,
Honour, worship, and reverence, all his life.
But yet she pincheth him
With a shrewd wife.
Be content
With such reward as fortune hath you sent,"
t Roper, ' Sir Thomas More.

LORD CHANCELLOR SIR THOMAS MORE. 525
plied their leisure to liberal studies and profitable reading, CHAP.
although piety was their first care. No wrangling, no angry  '

word was heard In It; no one was idle; every one did his
duty with alacrity, and with a temperate cheerfulness."*
But the most charming picture of More as a private man His letter
is carelessly sketched by himself In a hurried Latin letter to gjj^^ ^"^
Peter Giles, his friend at Antwerp, lamenting the little time
he could devote to literary composition. "For while in
pleading, in hearing, in deciding causes, or composing dis
putes as an arbitrator. In waiting on some men about business,
and on others out of respect, the greatest part of the day Is
spent on other men's affairs, the remainder of It must be given
to my famUy at home ; so that I can reserve no part to
myself, that is, to study. I must gossip with my wife and
chat with my children, and find something to say to my
servants f ; for all these things I reckon a part of my business,
unless I were to become a stranger In my own house ; for
with whomsoever either nature or choice or chance has en
gaged a man In any relation of life, he must endeavour to
make himself as acceptable to them as he possibly can. In
such occupations as these, days, months, and years slip away.
Indeed all the time which I can gain to myself is that which
I steal from my sleep and my meals, and because that is not
much I have made but a slow progress." |
His time was now more than ever broke In upon by visits
from distinguished foreigners, who were eager to see him from
his great reputation abroad, and whose opinion of him he
stiU farther exalted by the charms of his manner and con
versation. To his great grief he was often obliged to lodge In the Intimacy
palace, and his favour with the King and the Court threatened Kin„
utterly to interfere with all his domestic enjoyments, and to
ruin his literary projects. " The King's custom was, upon
holydays, when he had done his own devotions, to send for
Sir Thomas Into his traverse, and there, sometimes in matters
* Eras. Ep.
f He curiously adapted his conversation to the different members of his esta
blishment. " Cum uxore fabulandum est, garrlendum cum llberis, colloquendum
cum ministrls," &c.
I Morus Aegedio.

526

REIGN OF HENRY VIIL

CHAP.XXXI.

Literary
occupa
tions.

Embassies.

Residence
at Calais.

of astronomy, geometry, and divinity, and such other faculties,
to sit and confer with him ; otherwhiles also, in the clear
night, he would have him walk with him on the leads, there
to discourse with him of the diversity of the courses, motions,
and operations of the stars ; and, because he was of a very
pleasant disposition. It pleased his Majesty and the Queen,
after the council had supped, commonly to call for him to
hear his pleasant jests." There was no remedy but to be
dull. " When Sir Thomas perceived his pleasant con-
celts so much to deUght them that he could scarce once
in a month get leave to go home to his wife and children,
and that he could not be two days absent from the Court
but he must be sent for again, he much misliking this
restraint of his liberty, began therefore to dissemble his
mirth, and so little by little to disuse himself, that he from
thenceforth at such seasons was no more so ordinarily sent
for."* In spite of aU these distractions he not only most cre
ditably performed all his public duties, but wrote works
which gained the highest degree of celebrity in his own time,
and are now interesting and Instructive.
Between the years 1514 and 1523 More was repeatedly
employed on embassies to the Low Countries, chiefly to settle
disputes about trade and to negotiate commercial treaties, an
employment which he seems particularly to haye disliked.
On the first occasion he was consoled for a long detention at
Bruges by the company of his colleague, Tunstal, then
Master of the Rolls, and afterwards Bishop of Durham,
whom he celebrates as one not only fraught with all learning,
and sincere In his life and morals, but inferior to no man as
a delightful companion. Subsequently he had no one asso
ciated with him ; and although he was pleaded to meet the
friends of Erasmus, and was struck by the wealth and civUisa-
tlon he saw among the Flemings, he longed much for the re
pose of his retreat at Chelsea, and for the embraces of his
children. He was much annoyed by being stationed a long time at
Calais, a place from which negotiations could be conveniently

* M«.re.

LORD CHANCELLOR SIR THOMAS MORE. 527
carried on with the Continental states. On this occasion chap.
Erasmus writes to Peter Giles, their common friend, " More ^^ '
Is still at Calais, of which he Is heartily tired. He lives at
great expense, and is engaged In business most odious to him.
Such are the rewards reserved by kings for their favourites." *
Afterwards More himself writes to Erasmus : " I approve
your determination never to be engaged in the busy trifling
of princes ; from which, as you love me, you must wish that
I were extricated. You cannot imagine how painfully I feel
myself plunged in them, for nothing can be more odious to
me than this legation. I am here banished to a petty sea
port, of which the air and the earth are equally disagreeable
to me. Abhorrent as I am by nature from strife, even when
it Is profitable, as at home, you may judge how wearisome It
is here, where It actuaUy causes a loss to me." He must have
been much relieved by the agreeable society of Wolsey, who
crossed the Channel, for a short time, to superintend the
King's negotiations and his own.
In 1519 he was reluctantly obliged to resign his favourite a.d. 1519.
office of under-sheriff, the city being tired of giving him office^ofthe
leave of absence when he went upon the King's business ; but sheriff,
in 1521 he was rewarded with the office of Treasurer of the ¦*'°- ^^^^¦
Exchequer, which was of considerable profit as well as dig
nity, t
The next step' In More's advancement was the chair of the Elected
House of Commons. The great, or rather the only, object House'^of
of calling the ParUament which met In April, 1523, being to Commons.
obtain money, some management was thought necessary to
provide against the parsimonious turn always shown by the
representatives of the people ; for, though generaUy willing
to comply with any other demand of the Crown, — when their
pockets were touched, they were stern and resolute, granting
* Eras, Ep.
f This appointment gave great satisfaction to all More's friends. Erasmus,
writing to Budeus, says, " Est quod Moro gratuleris, nam Rex ilium nee
ambientem nee flagitantem munere magnifico honestavit, addito salarlo nequa
quam penltendo, est enim principi suo a thesaiirls." He adds, " Nee hoc con-
tentus, equitls aurati dignitatem adjecit." But Roper, who could not be
mistaken, states that he was knighted within a month after he was made Master
of Requests.

528

REIGN OF HENRY VIII.

CHAP. XXXL

He dis
qualifieshimself.

only moderate and temporary supplies. * A good deal de
pended on the Speaker, who not only exercised Influence
over the assembly as president, but himself was in the habit
of taking an active • part in the discussions. . Although the
choice of Speaker was nominally with the Commons them
selves, in reality It was dictated by the Court ; and on this
occasion Sir Thomas More was selected from his great fame
and popularity, and from his having hitherto co-operated In
the administration of Wolsey, as yet not liable to much ex
ception, and from the dread of his again acting the part of a
popular leader. The Commons were much gratified by the
recommendation, and joyfully presented their favourite as
their Speaker to the King sitting on his throne In the House
of Lords.
More disqualified himself, referring to the story of Phormlo
the philosopher, " who desired Hannibal to come to his lectures,
which, when he consented to and came, Phormlo began tp
read De Re Militari — of chivalry ; but as soon as Hannibal
heard this, he called the philosopher an arrogant fool to
presume to teach him who was already. master of chivalry and
all the arts of war." " So," says Sir Thomas, " if I should
presume to speak before his Majesty of learning and the well
ordering of the government, or such Uke matters, the King,
who Is so deeply learned, sach a master of prudence and
experience, might say to me as Hannibal to Phormlo."
Wherefore he humbly ftesought his Majesty to order the
Commons to choose another Speaker.
To this the Chancellor, by the King's command, replied,
that " His Majesty, by long experience of his service, was
well acquainted with his wit, learning, and discretion, and
that therefore he thought the Commons had chosen the fittest
person of them all to be their Speaker." f
More then deUvered a prepared speech, which was published
by his son-in-law, as Is supposed from the original MS., and

* To this stinginess of the Commons we must ascribe the liberties of Eng
land ; for large and permanent grants would have led to the disuse of national
assemblies in this Island, as well as on the Continent of Europe. Except the
Customs, no permanent tax was imposed before the middle of the seventeenth
century. t 1 Pari. Hist. 486.

LORD CHANCELLOR SIR THOMAS MORE. 529
which is curious as an authentic specimen of the state of the chap,
English language in the beginning of the 16th century, and
of the taste in oratory which then prevailed : —
" Sith I perceive, most redoubted Sovereign, that It His oration
standeth not with your pleasure to reform this election, and to the King,
cause it to be changed, but have, by the mouth of the most
reverend father in God, the Legate, your Highness's Chan
cellor, thereunto given your most royal assent, and have of
your benignity determined far above that I may bear for
this office to repute me meet, rather than that you should
seem to Impute unto your Commons that they had unmeetly
chosen, I am ready obediently to conform myself to the
accomplishment of your Highness's pleasure and command
ment," Having begged a favourable construction on all his
own words and actions, he apologises for the rusticity of the
Commons, and prays privilege of speech. He says that great
care had been taken to elect discreet men according to the
exigency of the writs, and thus proceeds : — " Whereby it Is
not to be doubted but that there Is a very substantial as
sembly of right, wise, meet, and politique persons ; yet most
precocious Prince, sith among so many wise men, neither is
every man wise alike, nor among so many alike well witted,
every man well spoken ; and It often happeth that as much
folly is uttered with pointed polished speech, so many
boisterous and rude in language _ give right substantial
counsel; and sith also in matters of great importance the
mind is often so occupied In the matter that a man rather
studieth what to say than how ; by reason whereof the wisest
man and best speaker in a whole country fortuneth, when his
mind is fervent In the matter, somewhat to speak in such
wise as he would afterwards wish to have been uttered other
wise, and yet no worse will had when he spake It, than he
had when he would so gladly change it. Therefore, most
generous Sovereign, considering that in your high court of
parliament is nothing treated but matter of weight and
importance concerning your realm and your own royal estate,
it could not faU to put to silence from the giving of their
advice and counsel many of your discreet Commons, to the
great hindrance of your common affairs, unless every one of
VOL. I. MM

530 REIGN OF HENEY VIII.
CHAP, your Commons were utterly discharged of all doubt and
fear how any thing that it should happen them to speak
should happen of your Highness to be taken. And In this
point, though your weU known and proved benignity putteth
every man In good hope, yet such is the weight of the matter,
such Is the reverend dread that the timorous hearts of your
natural subjects conceive towards your Highness our most
redoubted King and undoubted Sovereign, that they cannot
In this point find themselves satisfied, except your gracious
bounty therein declared put away the scruple of their timor
ous minds, and put them out of doubt. It may therefore like
your most abundant Grace to give to all your Commons here
assembled, your most gracious Ucense and pardon freely,
without doubt of your dreadful displeasure, every man to
discharge his conscience, and boldly in every thing incident
among us to declare his advice; and whatsoever happeneth
any man to say, that it may like your noble Majesty, of your
inestimable goodness, to take aU in good part, interpreting
every man's words, how uncunnlngly however they may be
couched, to proceed yet of good zeal towards the profit of
your realm and honour of your royal person ; and the pros
perous estate and preservation whereof, most exceUent So
vereign, Is the thing which we all, your Majesty's humble,
loving subjects, according to the most bounden duty of our
natural allegiance, most highly desire and pray for." *
This address has been mamed for serviUty ; but the epithets
applied to the King are merely In conformity to the esta
blished usage of the times, and in pleading for the necessity
of liberty of speech More shows considerable boldness, whUe
he indulges in a few sarcasms on the country squires over
whom he was to preside.
To please him stIU more, and to ensure his serviced In the
subsidy. Judge More, his father. In spite of very advanced
age, was named In the Lords one of the " Triers of Petitions
for Gascogny," an office which Is stIU filled up at the com
mencement of every parUament, and which, although become
a sinecure, was then supposed to confer great dignity.
•• Roper, 13,

LORD CHANCELLOR SIR THOMAS MORE. 531
We have seen in the life of Wolsey* the Independent chap.
spirit which, in spite of these blandishments. In a few days

after. More displayed ; and the noble stand he made for the ui^ lauda-
privUeges of the House of Commons. A reasonable supply, ^le conduct
constitutionally asked, he was willing to have supported ; but
the extortionate demand which Wolsey thought, by his per
sonal appearance in the House, surrounded by all his pa
geantry, violently to enforce, was dexterously resisted, to the
disgrace and ridicule of the chief actor in the scene. Well
might the wish have been entertained, " that More had been
at Rome when he was made Speaker." f
Wolsey who, according to Erasmus, had " rather feared Wolsey's
than loved More " after this time, became seriously jealous of senj him
him as a rival |; and meditating a refined vengeance, attempted *<> Spain,
to banish him to Spain under the title of ambassador, with
strong professions of admiration for the learning and wisdom
of the proposed diplomatist, and his peculiar fitness for a con
ciliatory adjustment of the difficult matters which were at
issue between the King and his kinsman the Emperor. The
overture being made to More, he immediately perceived the
artifice of It ; but resisted It on the allegation that the Spanish
climate would be fatal to his constitution, beseeching Henry
" not to send a faithful servant to his grave." It Is believed
that the King saw Into Wolsey's motives, and wished to have
near him ^ man, whom he destined, at some future period, to
become his chief minister. He kindly answered, therefore,
" It is not our meaning, Mr. More, to do you any hurt ; but
to do you good we should be glad. We shall, therefore,
employ you otherwise." §
He continued In great favour with the King ; and, in the Made
end of the year 1525, on the death of Sir R. Wingfield, he o'^X^chy'
was appointed Chancellor of the Duchy of Lancaster, an ofLan-
office illustrated by distinguished lawyers and statesmen down
* Ante, p. 474. t Roper, 20.
^ More has been censured for having, while comparatively obscure, flattered
the great man ; but I think without reason, as he confined his commendation to
Wolsey's love of learning and patronage of the learned. Thus :
" Unice doctorum pater ac patrone virorum,
Plerldum pendet cujus ab ore chorus."
§ Roper, 21. M M 2

532

REIGN OP HENRY VIII.

CHAP.XXXL
King's
visits to
him at
Chelsea.

More's
early in
sight into
character
of Henry
VIIL

More, the
mouth
piece of
the King.

to our own time, and which More continued to hold tiU he
received the Great Seal of England.
As he was reluctant to come to the Palace, and seemed not
quite happy when he was there, " the King would, on a sud
den, come over to his house at Chelsea, and be merry with
him — even dining with him without previous invitation or no
tice." On such occasions, from a true sense of hospitality. More
did his best to entertain his royal guest, and put forth all his
powers of pleasing. Roper particularly celebrates one of
these visits, when the King was so much delighted with his
conversation that, after dinner, he walked with him in the
garden by the space of an hour, holding his arm about his
neck. As soon as his Majesty was gone. Roper congratulated
his father-in-law on the distinguished honour that had been
paid to him ; saying, " how happy must he be with whom the
King was so lovingly familiar, the like of which had never
been seen before except once, when he walked arm In arm
with Cardinal Wolsey." " I thank our Lord," quoth he, " I
find his Grace my very good Lord indeed ; and I believe he
doth as singularly favour me as any subject within this
realm. Howbeit, son Roper, I may tell thee I have no cause
to be proud thereof; for if my head would win him a castle
In France, it should not fail to go." *
This authentic anecdote shows. In a very striking manner,
how More had early penetrated the intense selfishness, levity,
heartlessness, and insensibility to remorse which constituted
the character of the King, while these bad qualities were yet
disguised by a covering of affability, hilarity, and apparent
good humour, and before they had shed the blood of a wife
or a friend. ^The world could little anticipate that Henry
would actually one day cut off More's head, even without
any such substantial advantage as the winning of a castle.
For the present his Majesty delighted to honour him.
On account of his facetiousness and his learning he was
generally obliged to attend the Court in the royal progesses,
and at Oxford and Cambridge he was always the person ap
pointed to answer the Latin addresses to the King by the

Roper, 22.

LORD CHANCELLOR SIR THOMAS MORE. 533
University orators. Attending Henry to France, he was CHAP.
employed to make the speech of congratulation when the ^^^^"
English and French monarchs embraced. So, when the Em
peror landed In England, he welcomed him In the King's
name with such eloquence and grace, as to call forth the ad
miration of Charles as well as of all his Flemish and Spanish
attendants. More's European reputation was now at its height. He had His literary
pubUshed his " Epigrams," his " Utopia," and his " Refutation "P"'^*'""-
of the Lutherans," all of which had been frequently reprinted
in Germany and France. He carried on an epistolary corre
spondence* with all the most celebrated foreign literati, and
he had spread his fame in a way of which we can now have
but an Imperfect notion, by academical disputations. Vi
siting every university which he approached in his travels,
" he would learnedly dispute among them, to the great admi
ration of the auditory." On one occasion, when at Bruges,
he gained no small applause by putting down an arrogant
pedant, who published a universal challenge to dispute with
any person " In omni sciblll et de quolibet ente." The
Englishman who studied at Lincoln's Inn, proposed the His famous
question — An averia caruca capta in vetito namio sint irro- question to
^ _ ' , a pedant at
plegibilia ? " This Thraso or braggadocio not so much as Bruges,
understanding those terms of our common law, knew not
what to answer to it, and so he was made a laughing-stock to
the whole city for his presumptuous bragging," *
Now began the controversy about the King's divorce, x,d, i52S,
which entirely changed the aspect of affairs, both civil and King's
uivorcG
ecclesiastical in England, and had a lasting effect upon the
destinies of the nation. More Ues under the suspicion of More con-
some dissimulation or culpable concealment of his sentiments opinion.
upon this subject. When consulted by Henry respecting the
legality of his marriage with his brother's widow, he said it
was a question only fit for theologians, and referred to the
'writings of St. Augustine and other luminaries of the
Western Church, and he never would give him any explicit
opinion from himself It Is possible that, unconsciously to
himself. More dissembled from prudence or ambition, and
* 3 Black. Cora. 148.
M M 3

534

REIGN OF HENRY VIIL

CHAP. XXXL

Preserves
neutrality.

Scene at
the council
table be
tween Wolsey
and More.

that he cherished a secret hope of farther advancement,
which would have been extinguished by a blunt opposition to
the royal inclination ; but It is likewise possible that he sin
cerely doubted on a question which divided the learned
world, and we are not hastily to draw Inferences against him
from his subsequent condemnation of the King's union with
Anne Boleyn before his marriage with Catherine had been
canonlcaUy dissolved according to the rules of the Romish
Church, which he most potently believed to be binding on all
Christians.* While the suit for the divorce was going on at Rome through
negotiations with Clement, and before the Legatine Court
opened Its sittings after the arrival of Campeggio, More ap
pears to have observed a strict neutrality, and he enjoyed the
confidence of both parties. Queen Catherine said, — " The
King had but one sound councillor in his kingdom. Sir Thomas
More ; and as for Cardinal Wolsey, then the greatest subject
In the realm, for his own benefit or end he cared not what
counsel he gave." On the other hand, the Duke of Norfolk,
the uncle of Anne Boleyn, the Earl of Wiltshire, her father,
and Anne herself, who now secretly directed the King's
councils, had great hopes of bringing More Into their designs
as an active partisan, and Intended that he should be the
successor to Wolsey, whom they doomed to destruction if the
divorce was not speedily pronounced.
The Chancellor of the Duchy was stiU very submissive to
the Lord High Chancellor ; but we have an account of a
scene at the council-board about this time, which proves that
there was " no love lost between them." The Cardinal showed
Sir Thomas the draught of a treaty with a foreign power,
asking his opinion of it, and pressing him so heartily to say
"whether there were any thing therein to be misllked," that he
beUeved there was a desire to hear the truth, and pointed
* In his gratulatory verses on the King's accession, he had pronounced this
marriage to be most auspicious :
" Conjuglo, superi quod decrevere benigni,
Quo tibi, quoque tuis consuluere bene. "
He then goes on to compare Catherine to Penelope, Cornelia, and the most
meritorious matrons of antiquity, showing that she excelled them all.

LORD CHANCELLOR SIR THOMAS MORE. 535
out some great faults committed In It. Whereupon the Car- chap.
dinal, starting up In a rage, exclaimed, — " By the Mass, thou  '_
art the veriest fool of all the Council ; " at which Sir Thomas,
smiling, said, — "God be thanked, the King our Master hath
but one fool in his council." '
Nothlngtheless, being again associated with Tunstal, now More, am-
Blshop of Durham, he was sent Ambassador to Cambray to ca^^bra *'
treat of a general peace between England, France, and the
extensive states ruled over by Charles V. In this his last
foreign mission he was supposedto have displayed the
highest diplomatic skill, and "he so worthily handled him
self, that he procured far more benefits unto this realm than
by the King or the Council had been thought possible to be
compassed."* During his stay abroad he became very home
sick, but wrote thus merrily to Erasmus : — "I do not like
my office of an -ambassador ; It doth not suit a married man
thus to leave his family : it is much fitter for you eccle
siastics, who have no wives and children at home, or who
find them wheresoever you go."'\
Soon after his return he paid a visit to the King at Wood- * p- 1529.
stock, where he heard of the great misfortune of the principal by gje.
part of his house at Chelsea, and all his outhouses and barns
filled with corn being consumed by a fire, raised by the
negligence of a neighbour's servant. The letter he wrote to
his old wife on this occasion excites our admiration of him
more than all his learned works, his pubUc despatches, or his
speeches In parUament. I must likewise observe, that for
style it is much better and much nearer the English of the
present day than the elaborate compositions which he wrote
for publication. But besides the deUghtful glance that It
gives of the manners and customs of private life in a remote
age, its great charm wUl be found in the unaffected piety, in
the gaiety of heart, and in the kindness of disposition which
it evinces. " Mistress Alyce, — In my most harty will, I recommend
* Roper, 36.
•f " Qui primum uxores ac liberos aut domi non habetls aut uhique reperitis."
— Ep. 227, M M 4

536 REIGN OF HENRY VIII.
chap, me to you. And whereas I am enfourmed bv my son
XXXI . *
 ¦ Heron of the loss of our barnes, and our neighbours also.

Beautiful '^^ ^11 the corne that was therein, albeit (saving God's plea-
letter to his sure) It Is gret pitle of so much good corne lost, yet sith
It hath liked hym to send us such a chance, we must not,
only be content, but also be glad of his visitation. He
sent us all that we have lost : and sith he hath by such a
chance taken it away agalne, his pleasure be fulfilled. Let ns
never grudge thereat, but take it In good worth, and hartely
thank him, as well for adversltle, as for prosperltie. And par
adventure we have more cause to thank him for our losse,
than for our winning. For his wisedom better seeth what Is
good for us then we do ourselves. Therefore I pray you be
of good cheere, and take all the howsold with you to church,
and there thank God both for that he hath given us, and for
that he hath left us, which If It please hym, he can Increase
when he will. And if it please him to leave us yet lesse, at
hys pleasure be it. I praye you to make some good ensearche
what my poor neighbours have loste, and bidde them take no
thought therefore, and if I shold not leave myself a spone,
there shall no poore neighbour of mine bere no losse by any
chance happened In my house. I pray you be with my
children and household mery in God. And devise somewhat
with your friends, what way wer best to take, for provision
to be made for corne for our household and for sede thys yere
coming, if ye thinke It good that we keepe the ground still
In our handes. And whether ye think It good y* we so shall
do or not, yet I think it were not best sodenlye thus to leaye
It all up, and to put away our folk of our farme, till we have
somewhat advised us thereon. Howbeit If we have more
nowe than ye shall neede, and which can get the other maister's,
ye may then discharge us of them. But I would not that any
man wer sodenly sent away he wote nere wether. At my
coming hither, I perceived none other, but that I shold tary
StIU with the kinges grace. But now I shaU (I think), be
cause of this chance, get leave this next weke to come home
and se you ; and then shall we further devise together uppon
aU thinges, what order shall be best to take : and thus as

LORD chancellor SIR 'THOMAS MORE. 537
hartely fare you well with aU our children as you can wishe. CHAP,
-rwX- XXXI.
At Woodstok the thirde daye of Septembre, by the hand of  '_

" Your loving husband,
" Thomas More, Knight."
The Court was now sojourning at Woodstock after its He is made
return from Grafton, where Henry had taken his final leave chanceUor
of Wolsey.* More having rendered an account of his em
bassy was allowed to visit his family at Chelsea, and Henry,
with the Lady Anne, first moved to Richmond, and then to
Greenwich, where, as we have seen, Wolsey being deprived
of the Great Seal and banished to Esher, the new arrange- oct. 2S,
ments were completed, and Sir Thomas More was sworn In ^^^®"
Lord Chancellor, f
• Ante, p, 490, t Ante, p, 510.

538 REIGN' OP HENRY VIIL

CHAPTER XXXII.
LIFE OF SIR THOMAS MOEE FEOM HIS APPOINTMENT AS LOED
CHANCELLOE TILL HIS EESIGNATION,
CHAP. The merit of the new Lord Chancellor was universaUy ac-
 '_ knowledged, and Wolsey himself admitted " that he was the
Installation fittest man to be his successor * ; " but there was a great appre-
of the new j^enslon lest, having no ecclesiastical dignity, no crosses to
carry before him, no hereditary rank, and no judicial reputa
tion beyond what he had acquired when under-sheriff of
London, — from the prejudices of the vulgar, the office might
be considered lowered in dignity after being held by a Car
dinal-Archbishop, the Pope's Legate, and prime minister of
the Crown.
To guard against this impression, a very splendid pageant
was got up for More's installation. The procession was
headed by the Duke of Norfolk, the first Peer In the realm,
and the Duke of Suffolk, the King's brother-in-law, — all
the nobility and courtiers in and near London, and all the
judges and professors of the law following.
When they had reached Palace Yard the new Chancellor,
in his robes, was led between the Dukes of Norfolk and
Suffolk up Westminster Hall to the Stone Chamber, at the
south-west corner of it, where were the marble table and
marble chair, — and there being placed In the high judgment-
seat of Chancellor, the Duke of Norfolk, by the command of
'* Shakspeare has rather lowered the terms of the compliment, although he
makes the Cardinal behave very gracefully when he hears of the new appoint.
ment. " Crom.  Sir Thomas More is chosen
Lord Chancellor in your place."
" Wols. That's somewhat sudden :
But he*8 a learned man. May he continue
Long in his Highness' favour, and do justice
Por truth's sake, and his conclence ; that his bones.
When he has run his course, and sleeps in blessings,
May have a tomb of orphans' tears wept on 'em. "
Henry VIII. act ill. scene 2.

SIR THOMAS MORE, LORD CHANCELLOR. 53.9
the King, spoke thus unto the people there with great ap- chap.
plause and joy gathered together: XXxn.
" The King's Majesty (which I pray God may prove happy jj^j^g ^f
and fortunate to the whole realm of England) hath raised Norfolk's
to the most high dignity of Chancellorship Sir Thomas °''^^° "
More, a man for his extraordinary worth and sufficiency
well known to himself and the whole realm, for no other cause
or earthly respect, but for that he hath plainly perceived all
the gifts of nature and grace to be heaped upon him, which
either the people could desire, or himself wish for the dis
charge of so great an office. For the admirable wisdom, in
tegrity, and Innocency, joined with most pleasant facility of
wit, that this man is endued withal, have been sufficiently
known to all Englishmen from his youth, and for these many
years also to the King's majesty himself This hath the
King abundantly found In many and weighty affairs, which
he hath happily despatched both at home and abroad; In
divers offices, which he hath borne In most honourable em
bassages, which he hath undergone, and In his daily counsel
and advices upon all other occasions. He hath perceived no
man in his realm to be more wise in deliberating, more sincere
in opening to him what he thought, nor more eloquent to
adorn the matter which he uttered. Wherefore because he
saw in him such exceUent endowments, and that of his especial
care he hath a particular desire that his kingdom and people
might be governed with all equity and justice, integrity and
wisdom : he of his own most gracious disposition hath created
this singular man Lord Chancellor ; that by his laudable
performance of this office, his people may enjoy peace and
justice, and honour also and fame may redound to the whole
kingdom. It may perhaps seem to many a strange and un
usual matter, that this dignity should be bestowed upon a
lay-man, none of the nobility, and one that hath wife and
children ; because heretofore none but singular learned pre-
fetes, or men of greatest nobility, have possessed this place ;
but what Is wanting in these respects, the admirable virtues,
the matchless gifts of wit and wisdom of this man doth most
plentifully recompense the same. For the King's majesty

540 REIGN OP HENRY VIII.
CHAP, hath not regarded how great, but what a man he was : he
¦ hath not cast his eyes upon the nobility of his blood, but on

. the worth of his person ; he hath respected his sufficiency,
not his profession; finally he would show by this his choice,
that he hath some rare subjects amongst the gentlemen and
lay-men, who deserve to manage the highest offices of the
realm, which bishops and noblemen think they only can
deserve : which the rarer it is, so much he thought It would
be to you the more acceptable, and to the whole kingdom
most grateful. Wherefore receive this your ChanceUor with
joyful acclamations, at whose hands you may expect all hap
piness and content."
Sir Thomas " Sir Thomas More," says his great-grandson, " according
speech^ to his wonted modesty, was somewhat abashed at this the
Duke's speech, in that It sounded so much to his praise ; but
recollecting himself as that place and time would give him
leave, he answered In this sort : — ' Although, most noble
Duke, and you right honourable Lords, and worshipful gentle
men, I know aU these things which the King's majesty. It
seemeth, hath been pleased should be spoken of me at this
time and place, and your Grace hath, with most eloquent
words thus amplified, are as far from me as I could wish with
all my heart they were in me for the better performance of
so great a charge : and although this your speech hath caused
In me greater fear than I can well express in words, yet this
incomparable favour of my dread Sovereign, by which he
showeth how well, yea how highly he conceiveth of my weak
ness, having commanded that my meanness should be so
greatly commended, cannot be but most acceptable unto me ;
and I cannot chuse but give your most noble Grace exceed
ing thanks, that what his Majesty hath willed you briefly to
utter, you of the abundance of your love unto me, have. In a
large and eloquent oration, dilated. As for myself, I can
take It no otherwise but that his Majesty's incomparable
favour towards me, the good wUl and incredible propension
of his royal mind (wherewith he hath these many years
favoured me continually,) hath alone, without any desert of
mine at all, caused both this my new honour, and these your

SIR THOMAS MORE, LORD CHANCELLOR.

541

undeserved commendations of me; for who am I, or what is CHAP.
XXXIL
the house of my father, that the King's highness should heap  '_
upon me, by such a perpetual stream of affection, these so
high honours ? I am far less than any the meanest of his
benefits bestowed on me ; how can I then think myself worthy
or fit for this so peerless dignity ? I have been drawn by force,
as the King's majesty often professeth, to his Highness's
service, to be a courtier ; but to take this dignity upon me, is
most of all against my wIU ; yet such is his Highness's be
nignity, such Is his bounty, that he highly esteemeth the small
dutlfulness of his meanest subjects, and seeketh still mag
nificently to recompense his servants ; not only such as deserve
well, but even such as have but a desire to deserve well at his
hands. In which number I have always wished myself to be
reckoned, because I cannot challenge myself to be one of the
former ; which being so, you may all perceive with me, how
great a burden Is laid upon my back, in that I must strive in
some sort with my diligence and duty to correspond with his
royal benevolence, and to be answerable to that great ex
pectation which he and you seem to have of me ; wherefore
those so high praises are by so much the more grievous unto
me, by how much I know the greater charge I have to render
myself worthy of, and the fewer means I have to make them
good. This weight' Is hardly suitable to my weak shoulders ;
this honour is not correspondent to my poor deserts ; It is a
burthen, not glory ; a care, not a dignity ; the one therefore
I must bear as manfuUy as I can, and discharge the other
with as much dexterity as I shall be able. The earnest desire
which I have always had, and do now acknowledge myself
to have, to satisfy by all means I can possible the most
ample benefits of his Highness, will greatly excite and aid me
to the dUIgent performance of all ; which I trust also I shaU
be more able to do, if I find all your good wills and wishes
both favourable unto me, and conformable to his royal mu
nificence ; because my serious endeavours to do well, joined
with your favourable acceptance, will easily procure that
whatsoever Is performed by me, though it be in Itself but
small, yet will it seem great ahd praiseworthy, for those

542 REIGN OF HENRY VIII.
CHAP, things are always achieved happUy which are accepted will-
^^^^^' ingly ; and those succeed fortunately which are received by
others courteously. As you therefore do hope for great
matters, and the best at my hands, so though I dare not
promise any such, yet do I promise truly and affectionately to
perform the best I shall be able.' — When Sir Thomas had
spoken these words, turning his face to the high judgment-
seat of the Chancery, he proceeded in this manner: 'But
when I look upon this seat, when I think how great and what
kind of personages have possessed this place before me, when
I call to mind who he was that sat in it last of all ; a man of
what singular wisdom, of what notable experience, what a
prosperous and favourable fortune he had for a great space,
and how, at last dejected with a heavy downfall, he hath died
inglorious ; I have cause enough, by my predecessor's example,
to think honour but slippery, and this dignity not so grateful
to me as it may seem to others ; for both It Is a hard matter
to foUow with like paces or praises a man of such admirable
wit, prudence, authority, and splendour, to whom I may seem
but as the lighting of a candle when the sun is down ; and
also the sudden and unexpected fall of so great a man as he
was doth terribly put me in mind that this honour ought not
to please me too much, nor the lustre of this glistering seat
dazzle mine eyes. Wherefore I ascend this seat as a place full
of labour and danger, void of all solid and true honour ; the
which by how much the higher It is, by so much greater fall
I am to fear, as well in respect of the very nature of the thing
itself, as because I am warned by this late fearful example.
And truly I might even now at this very first entrance
stumble, yea faint, but that his Majesty's most singular favour
towards me, and aU your good wills, which your joyful coun
tenance doth testify In this most honourable assembly, doth
somewhat recreate and refresh me ; otherwise, this seat would
be no more pleasing to me than that sword was to Damocles,
which hung over his head, and tied only by a hair of a horse's
tail, seated him in the chair of state of Denis, the tyrant of
Sicily ; this, therefore, shaU be always fresh In my mind ; this
J will I have stIU before mine eyes — that this seat will be

SIR THOMAS MORE, LORD CHANCELLOR. 543
honourable, famous, and full of glory unto me. If I shall with CHAP.
care and diligence, fidelity and wisdom, endeavour to do my 
duty, and shaU persuade myself that the enjoying thereof may
chance to be but short and uncertain ; the one whereof my
labour ought to perform, the other, my predecessor's example
may easUy teach me. All which being so, you may easily
perceive what great pleasure I take In this high dignity, or In
this noble Duke's praising of me.' "*
More's elevation was not only very popular In England, More's ap-
but was heard with great satisfaction by the learned In foreign applauded
countries. To prove this, it will be enough t© copy a single abroad,
sentence addressed by Erasmus to John Fabius, Bishop of
Vienna. " Concerning the new increase of honour expe
rienced by Thomas More, I should easily make you believe
It, were I to show you the letters of many famous men,
rejoicing with much alacrity, and congratulating the King,
the realm, himself, and also me, on his promotion to be Lord
ChanceUor of England."!
• These inaugural speeches, as here given, are taken from More's Life by his
great-grandson, and are adopted without suspicion by his subsequent biogra-
phers, among others, the acute Sir James Mackintosh ; but there is reason to
question their genuineness. Unless the expression, " dejected with a heavy
downfall, he hath died inglorious," means, by way of figure, his political death,
it betrays fabrication and a gross anachronism, for Wolsey was now alive (if
not merry) at Esher, and he did not meet his natural death at Leicester
Abbey till late in the following year. The Chancellor's great-grandson is
exceedingly Inaccurate about dates, and ignorant of history. He really does
suppose that Sir Thomas More was not made ChanceUor tlU after Wolsey's
death (edition 1828, by Hunter, p. 169.), which may afford a fair Inference
that the speeches are of his manufacture. Roper gives a very brief sketch of
the Duke of Norfolk's speech, being charged by the King to make declaration
" how much all England was beholden to Sir Thomas More for his good
service, and how worthy he was to have the highest room (office) in the realm,
and how dearly his Grace loved and trusted him." In return, Sir Thomas
" disabled himself to be unmeet for that room, wherein considering how
wise and honourable a Prelate had lately before taken so great a fall, he had
no cause thereof to rejoice." More, the great-grandson, had so much dege
nerated in historical lore as to assert that his ancestor was the first layman
who ever held the Great Seal, —forgetting not only the Scropes and the Arundels,
but the Parnyngs and the Knyvets, celebrated by Lord Coke, his own con
temporary, t Erasm, Epist. More, 177. In a letter to another correspondent, written
at the same time, Erasmus, after stating that on Wolsey's disgrace the office of
Chancellor was declined by Warham, says, " Itaque provlncia delegata est
Thoma; Moro magno omnium applausu, neo minore bonorum omnium
Iffitltia subvectus, quam dejectus Cardinalis." — Ep. 1115,

544

REIGN OP HENRY VIII.

CHAP.
XXXIL
The em
barrass ments of
his situa^
tion.

When the fleeting flutter of pleasurable excitement from'
the first entrance into high office had passed away. More
himself must have looked back with regret to the period of
his life when he was first making way in his profession as an
advocate, or when he was quietly engaged In his literary
pursuits; and as nothing happened which might not easily
have been foreseen, we may rather feel surprise that, with a
delicate conscience and a strong sense of duty, he should
accept this dangerous office, and associate himself with such
unscrupulous colleagues. He well knew the violent and
reckless character of the King ; he must have expected very
painful work In the pending proceedings against his pre
decessor ; he was sure that the divorce would be prosecuted ;
and other subjects of dispute were springing up with the See
of Rome to cause a conflict between his interest and his duty.
He probably hoped, either that the divorce would be finaUy
sanctioned and decreed by the Pope, or that Henry, tired of
Anne Boleyn, would abandon the project of making her his
wife; and that aU minor difficulties might disappear or be
overcome. During the two years and a half he held the Great Seal,
he must have enjoyed the most solid satisfaction In the
assiduous, honest, and admirable discharge of his duties as a
Judge ; but, except when sitting In the Court of Chancery,
his mind must have been filled with doubts, scruples, appre
hensions, and antagonist wishes — sometimes overborne by
an IncUnation to support the plans of the King, and some
times struck with the conviction that they were inconsistent
with his aUeglance to the Head of the Church ; — sometimes
thinking that he should add to the splendour of his reputation,
by directing, in high office, the government of a great empire,
and sometimes dreading lest the fame he had already ac
quired should be tarnished by his acquiescence In measures
which would be condemned by posterity ; — sometimes regard
ing only the good he did by the improved administration of
justice, and sometimes shocked by the consideration that
this might be greatly overbalanced by the sanction he might
be supposed to give to tyrannical acts in other departments

SIR THOMAS MORE, LORD CHANCELLOR. 5*5
of the government over which he had no control ; — sometimes ^xx ff
carried away by • the desire to advance his family and his 

friends, and at last seeing that he could only continue to
have the means of serving them by sacrificing his country.
A few days after his InstaUatlon he was called upon, as ^ pariia-
r^i. n IT ment,
chancellor, to open the parliament, which had been sum- Nov. 1529.
moned for the impeachment of Wolsey. The King being
on the throne, and the Commons attending at the bar, the
new Chancellor spoke to this effect * : — " That, like as a Chancel-
good shepherd, who not only tendeth and keepeth well his "' * ^^^^'^ ''
sheep, but also foreseeth and provideth against every thing
which either may be hurtful or noisome to his flock, or may
preserve and defend the same against all chances to come ; so
the King, who was the shepherd, ruler, and governor of this
realm, vigilantly foreseeing things to come, considered how
divers laws, by long continuance of time and mutation of
things, were now grown Insufficient and Imperfect : and also
that, by the frail condition of man, divers new enormities
were sprung up amongst the people for the which no law was
made to reform the same, he said, was the very cause why,
at this time, the King had summoned his High Court of
Parliament. He resembled the King to a shepherd or herds
man also for this cause ; If a king Is esteemed only for his
riches, he Is but a rich man ; if for his honour, he Is but an
honourable man ; but compare him to the multitude of his
people and the number of his flock, then he Is a ruler, a
governor of might and power ; so that his people maketh
him a prince, as of the multitude of sheep cometh the name
of a shepherd. And as you see that amongst a great flock
of sheep some be rotten and faulty, which the good shepherd
sendeth from the sound sheep, so the great wether which is
late fallen, as you all know, juggled with . the King so
craftily, scabbedly, and untruly, that all men must think
that he imagined himself that the King had no sense to.
perceive his crafty doings, or presumed that he would not
see or understand his fraudulent juggling and attempts. But
he was deceived ; for his Grace's sight was so quick and
* 1 Pari. Hist. 491.
VOL. I. N N

546

REIGN OP HENRY VIII.

CHAP. : penetrable, that he not only saw him but saw through him,
 '_ both within and without ; so that he was entirely open to
him. According to his desert, he hath had a gentle correc
tion ; which small punishment the King would not should
be an example to other offenders ; but openly declareth that
whosoever hereafter shaU make the like attempt, or commit
the like offences, shall not escape with the like punishment." *
It must be confessed that he does not here mention his
predecessor with the same generosity and good taste as In his
inaugural discourse In the Court of Chancery, but he might
feel obliged to consult the feelings of those whom he ad
dressed, particularly the members of the Upper House, to
whom the Ex-chancellor's name was most odious, and who
were impatient to see a severe sentence pronounced upon
him.
Prosecu- gir Thomas Audley, the future Lord Chancellor, being
Wolsey not elected Speaker, the business of the session began by the
creditable appointment of a committee, of which Lord Chancellor More
to More. ^'^
was chairman, to prepare articles of charge against Wolsey.
It Is a curious fact, that the two Chief Justices, Fitzherbert
and Fitzjames, were caUed In to serve on this committee, and
signed the articles. These, to the number of forty-four,
were Immediately agreed to by the House of Lords, and sent
down to the Commons. I have already observed that, con
sidering how many of these articles were frivolous or were
unfounded In fact, and that Wolsey's violations of the law
and constitution by raising taxes without the authority of
parliament, and other excesses of the prerogative, were en
tirely passed over, the proceeding is not very creditable to
the memory of Sir Thomas More ; and seeing the subsequent
fate of the accusation In the other House, we cannot help
suspecting that he was privy to a scheme for withdrawing
Wolsey from the judgment of parliament, and leaving him
entirely at the mercy of his arbitrary master.
Good laws Yfe must give praise to the Chancellor, however, for having
suggested several statutes, which were now passed, to put

• 1 Pari. Hist. 490.

SIR THOMAS MORE, LORD CHANCELLOR. 547
down extortion on the probate of wills*, and in the demands CHAP.
for mortuaries f, and to prevent clerical persons from engaging ^^^'l-
in trade. J Other ecclesiastical reforms were loudly caUed for,
but he did not venture to countenance them ; and, to his
great relief, on the 1 7th of December, the session was closed.
Not being a member of the House, he did not openly take any
part in the debates, but he was named on committees, and the
proceedings of the Lords were entirely governed by him.
He had now leisure to attend to the business of Chancery. Admirable
Notwithstanding the great abUities of Wolsey as a Judge, ju'i"'';,^^
abuses had multiplied and strengthened during his adminis- Chancery.
tration, and a very loud cry arose for equity reform. To
the intolerable vexation of the subject, writs of subpcena had
been granted on payment of the fees, without any examin
ation as to whether there were any probable cause for involv
ing Innocent individuals in a Chancery suit ; a heavy arrear
of causes stood for adjudication, some of which were said to
have been depending for twenty years ; and the general say
ing went, that " no one could hope for a favourable judgment
unless his fingers were^ tipt with gold ; " — which probably
arose, not from the bribes received directly by the Chan
cellor himself, but from the excessive fees and gratuities
demanded by his officers and servants.
The new ChanceUor began by an order that " no subpcena
should issue till a bill had been filed, signed by the attorney ;
and, he himself having perused it, had granted a fiat for the
commencement of the suit."
It Is related that, acting under this order, he showed his Anecdote,
. . . ^17- showing
characteristic love of justice and jesting. When he had his love of
perused a very foolish bUl, signed " A. Tubbe," he wrote j^^t^'g.""'^
immediately above the signature the words "A Tale of."
The luckless attorney being told that the Lord ChanceUor
had approved his bill, carried it joyfully to his client, who,
reading it, discovered the gibe. §
" Having heard causes In the forenoon between eight and His dUi-
eleven, — after dinner be sat In an open haU, and received the ^™"^'
petitions of aU who chose to come before him; examining
* 21 Hen. 8. c. 5. t Ibid. c. 6.
+ Ibid. c. 13. § More, 182.
N N 2

548

REIGN OP HENRY VIII.

CHAP.
XXXIL

Remon
strance of,
son-in-law
against his
intpar-tiality.

their cases, and giving them redress where it was in his
power, according to law and good conscience ; and " the
poorer and the meaner the suppliant was, the more affably
he would speak unto him, the more heartily he would hearken
to his cause, and, with speedy trial, despatch him." * This
was looked upon as a great contrast to the demeanour of the
haughty Cardinal.
The present ChanceUor not only himself refused aU cor
rupt offers that were made to him, but took effectual measures
to prevent any one dependent upon him, or connected with
him, from interfering Improperly with the even march of
justice. This rigour called forth a remonstrance from his
son-in-law, Dacey, who, on a time, merrily said unto him :
" When Cardinal Wolsey was Lord Chancellor, not only
divers of his Privy Chamber, but such also as were his door
keepers, got great gains by him ; and sith I have married one
of your daughters, I might of reason look for some com
modity ; but you are so ready to do for every poor man, and
keep no doors shut, that I can find no gains at all, which Is to
me a great discouragement ; whereas else, some for friend
ship, some for profit, and some for kindred, would gladly use
my furtherance to bring them to your presence ; and now. If
I should take any thing of them, I should do them great
wrong, because they may dally do as much for themselves ;
which thing, though it Is In you, sir, very commendable,
yet to me I find it nothing profitable." The first part
of the Chancellor's answer can only be accounted for by
supposing that he wished not only to mollify, but to
mystify, his son-in-law; or, that such practices as would
now be matter o£ severe censure or impeachment, were then
considered praiseworthy by the most virtuous : he winds
up. In a manner to convince us, that In no pai'tlcular,
however smaU, would he have swerved from what he con
sidered right : " I do not mislike, son, that your conscience
is so scrupulous f ; but there be many other ways wherein I
may both do yourself good, and pleasure your friends ; for
sometime, by my word, I may stand your friend in stead ;
¦* More, 178.
f That is, not taking a bribe when he could do no service for it.

SIR THOMAS MORE, LORD CHANCELLOR. 549
sometime I may help him greatly by my letter ; if he hath CHAP.
a cause depending before me, I may hear It before another, ^^^^^'
at your entreaty ; if his cause be not all the best, I may
move the parties to fall to some reasonable end by arbitrament.
But this one thing I assure thee, on my faith, that If the
parties will at my hands call for justice and equity, then,
although it were my father, whom I reverence dearly, that
stood on the one side, and the devil, whom I hate extremely,
were on the other side, his cause being just, the devil of me
should have his right." *
Of this stern Impartiality he soon after gave a practical Decree
proof ; for another son-in-law. Heron, having a suit depending ^fn!"n!]a,v
before him, and refusing to agree to any reasonable accom
modation, because the Judge was the most affectionate father
to his children that ever was In the world, " then made he.
In conclusion, a flat decree against hlm."t
He was cautious in granting Injunctions, yet granted and hIs prac-
malntalned them with firmness where he thought that justice I'l^ ^^ 1°
required his Interference with the judgments of the Courts of
common law. Differing from Lord Bacon In the next age,
he was of opinion that law and equity might be bene
ficially administered by the same tribunal, and he made an
effort to Induce the common-law Judges to relax the rigour
of their rules, with a view to meet the justice of particular
cases ; but, not succeeding in this, he resolutely examined
their proceedings,^ and stayed trials and executions wherever
It seemed to him that wrong*would be done from their refusal
to remedy the effects of accident, to enforce the performance
of trusts, or to prevent secret frauds from being profitable to
the parties concerned In them.
These Injunctions Issued, however cautiously, from the Grum-
Court of Chancery, having on the other side of the Hall ^^^"^l°J
caused much grumbUng, which reached the ears of the Chan
cellor, through Roper, his son-In law and biographer, — " there
upon caused he one Master Crooke, chief of the Six Clerks,
to make a docket, containing the whole number and causes of
all such Injunctions, as either in his time had already passed,
* More, 179, f Ibid. 180.
N N 3

Judge*^.

550

REIGN OP HENRY VIII.

CHAP.
XXXIL
Dinner to
the Judges.

His offer
to them
about In-
juiictlons.

His criti
cism on
Judges.

His great
despatch.

or at that present depended, in any of the King's Courts at
Westminster, before him. Which done, he invited aU the
Judges to dine with him In the Council Chamber at West
minster ; where, after dinner, when he had broken with them
what complaints he had heard of his Injunctions, and more
over showed them both the number and causes of every one
of them. In order so plainly, that upon full debating of those
matters they were aU enforced to confess that they, in like
case, could have done no otherwise themselves,"* At this
same compotatlon, he again offered, " that If the Justices of
every Court unto whom the reformation of the rigour of the
law, by reason of their office, most especially appertained,
would, upon reasonable considerations, by their own dis
cretions (as they were as he thought In conscience bound),
mitigate and reform the rigour of the law themselves, there
should, from thenceforth, by him no more injunctions be
granted." They still refusing, he said to them, " Forasmuch
as yourselves, my Lords, drive me to that necessity for award
ing out injunctions to relieve the people's injury, you cannot
hereafter any more justly blame me."f
When these reverend sages had swaUowed a proper allow
ance of Gascony wine, and taken their departure, the Chan
ceUor intimated to Roper his private opinion that they were
not guided by principle, and merely wished to avoid trouble
and responsibility. " I perceive, son, why they Uke not so
to do. For they see that they may, by the verdict of the
jury, cast off all quarrels from ?hemselves, and therefore am
I compelled to abide the adventure of all such reports."^
The commissions for hearing causes Issued In Wolsey's
time were not renewed, and very little assistance was re
quired from Taylor, the Master of the Rolls ; yet the Chan
ceUor himself, from his assiduity, quickness, and early ex-

* Roper, 42. f Ibid.
:|: Ibid. 43. I know not whether the art had been then invented which is
said in later times to have been occasionally practised by Judges for the purpose
of "casting off quarrels," i. k. avoiding bills of exceptions and motions for new
trials, — of deciding fact themselves, and leaving the law to the jury,  or of
mixing up the law and the fact so Ingeniously as to render it difficult at the
trial to discover what the direction to the jury was, and afterwards very easy
for the Judges to give any convenient representation of it.

e were
no arrears
in the

SIR THOMAS MORE, LORD CHANCELLOR. 551
perience as a Judge, In the course of a few terms, completely CHAP.
subdued aU the arrears, and during the rest of his Chan- •^^-^^^-
cellorshlp every cause was decided as soon as It was ripe for
hearing. Nor did he acquire a reputation for despatch by
referring every thing to the Master, but, on the contrary,
" he used to examine aU matters that came before him, Uke
an arbitrator ; and he patiently worked them out himself to
a final decree, which he drew and signed."*
One morning before the end of term, having got through Entry on
his paper, he was told by the officers that there was not ther
another cause or petition to be set down before him ; where
upon, with a justifiable vanity, he ordered the fact to be Court of
entered of record, as It had never happened before ;^ — and Chancery.
a prophecy was then uttered which has been fully verified :
" When Moke some time had Chancellor been,
No more suits did remain :
The same shall never more be seen,
Till More be there again."
But there is no circumstance during his Chancellorship Dally re-
that affects our Imagination so much, or gives us such a father's
lively notion .of the manners of the times, as his demeanour blessing In
to his father. Sir John More, now near ninety years of age, of King's
was hale In body and sound In understanding, and continued ^^nch.
vigorously to perform the duties of senior puisne Judge In
the Court of King's Bench. Every day during term time,
before the Chancellor began business in his own Court, he ,
wont into the Court of King's Bench, and, kneeling before
his father, asked and received his blessing, f So If they met
together at readings In Lincoln's Inn, notwithstanding his
high office, he offered the pre-eminence In argument to his
father, though, from a regard to judicial subordination, this
offer was always refused.
In about a year after Sir Thomas's elevation, the old Judge His father's
was seized with a mortal illness — (as it was supposed) from a ^^**'
surfeit of grapes. " The Chancellor, for the better declara-
* Roper, 44.
f I am old enough to remember that when the Chancellor left his Court, If
the Court of King's Bench was sitting, a curtain was drawn and bows were
exchanged between him and the Judges, so that I can easily picture to myself
the " blessing scene " between the father and son.
N N 4

552 REIGN OP HENRY VIIL
CHAP, tion of his natural affection towards his father, not only whUe
•'^•^^^^" he lay on his death-bed, according to his duty, ofttimes with
kindly words came to visit him, but also, at his departure out
of the world, with tears taking him about the neck, most
lovingly kissed and embraced him, commending his soul into
the merciful hands of Almighty God."*
Simplicity Instead of imitating Wolsey's crosses, pUIars, and poU-
?^}^}^ axes, More was eager to retreat into privacy, and even In
habits. ° ,^ . T 11 •, 1 • T • r\
public to comport ¦ himself with all possible simplicity. On
Sundays, while he was Lord Chancellor, instead of marching
with great parade through the city of London to outrival
While the nobles at the court at Greenwich, he walked with his
Chancellor family to the parish church at Chelsea, and there, putting on
on Sundays •' '^ . , , , . . i , . i
walked to a surplicc, sung With the choristers at matins and hign mass.
church and j^ happened one day that the Duke of Norfolk, coming to
sang among ^^ ... . .
the cho- Chelsea to dine with him, found him at church, with a sur-
ris ers. pUcc OU hIs back, singing. As they walked homeward to
gether arm In arm after service, the Duke said, " God's
body ! God's body ! My Lord Chancellor a parish clerk !
a parish clerk ! You dishonour the King and his office."
" Nay," quoth he, smiling ; " your Grace may not think
that the King, your master and mine, will, with me, for
serving his Master, be offended, or thereby account his office
dishonoured."! In religious processions he would himself carry the cross ;
and in " Rogation Week," when they were very long, and he
had to follow those who carried the rood round the parish,
being counselled to use a horse for his dignity, he would
answer, " It beseemeth not the servant to follow his master
prancing on cockhorse, his master going on foot."
His judg- After diligently searching the boohs, I find the report of
great case o^ty One judgment which he pronounced during his chancel-
of " The lorshlp, and this I shall give In the words of the reporter : —
Dog." " It happened on a time that a beggar-woman's little dog,
which she had lost, was presented for a jewel to Lady More,
and she had kept It some se'nnlght very carefully ; but at
last the beggar had notice where the dog was, and presently
* More, 1S4. I Roper, 49.

SIR THOMAS MORE, LORD CHANCELLOR. 553
she came to complain to Sir Thomas, as he was sitting in his CHAP.
. XXXII
hall, that bis lady withheld her dog from her. Presently  '

my Lady was sent for, and the dog brought with her ; which
Sir Thomas, taking In his hands, caused his wife, because she
Avas the worthier person, to stand at the upper end of the
hall, and the beggar at the lower end, and saying that he sat
there to do every one justice, he bade each of them call the
dog ; which, when they did, the dog went presently to the
beggar, forsaking my Lady. When he saw this, he bade my
Lady be contented, for It was none of hers ; yet she, repining
at the sentence of my Lord Chancellor, agreed with the
beggar, and gave her a piece of gold, which would well have
bought three dogs, and so all parties were agreed ; every
one smiling to see his manner of Inquiring out the truth."*
It must be acknowledged that Solomon himself could not
have heard and determined the case more wisely or equit-
ably.t But a grave charge has been brought against the conduct Charge of
of More while Chancellor, — that he was a cruel and even of heretics?
bloody persecutor of the Lutherans. This is chiefly founded
on a story told by Fox, the Martyrologlst — " that Burnham,
a reformer, was carried out of the Middle Temple to the
Chancellor's house at Chelsea, where he continued In free
prison awhile, till the time that Sir Thomas More saw that
he could not prevail In perverting of him to his sect. Then
he cast him Into prison In his own house, and whipped him
at the tree In his garden called ' the tree of Troth,' and after
sent him to the Tower to be racked. "J Burnet and other
very zealous Protestants have likewise countenanced the sup
position that More's house was really converted Into a sort of
prison of the Inquisition, he himself being the Grand In
quisitor ; and that there was a tree In his grounds where the
Reformers so often underwent flagellation under his superin
tendence, that it acquired the appellation of " the tree of
Troth." But let us hear what Is said on this subject by
* More, 121.
f Por some cases in pari materia, vid. Rep. Barat. Tem. Sanch. Pan.
I Mart. vol. 2. Hist. Reform, vol. 3. " When More was raised to the
chief in the ministry, he became a persecutor even to blood, and defiled those
hands which were never polluted with bribes."

554

REIGN OP HENRY VIII.

xxxfi ^^^^ himself — aUowed on aU hands (however erroneous
,  ^ his opinions on religion) to have been the most sincere,
candid, and truthful of men: "Divers of them have said,
that of such as were In my house when I was Chancellor,
I used to examine them with torments, causing them to
be bound to a tree In my garden, and there piteously beaten.
Except their sure keeping, I never else did cause any such
thing to be done unto any of the heretics in aU my life,
except only twain : one was a child, and a servant of
mine in mine own house, whom his father, ere he came
to me, had nursed up in such matters, and set him to
attend upon George Jay. This Jay did teach the child
his ungracious heresy against the blessed sacrament of the
altar ; which heresy this child, in my house, began to teach
another child. And upon that point I caused a servant
of mine to strip him, like a chUd, before mine household,
for amendment of himself and ensample of others. Aiiother
was one who, after he had fallen Into these frantic heresies,
soon feU Into plain open frenzy ; albeit that' he had been In
Bedlam, and afterwards, by beating and correction, gathered
his remembrance. Being therefore set at liberty, his old
frensles fell again Into his head. Being Informed of his
relapse, I caused him to be taken by the constables, and
bounden to a tree In the street, before the whole town, and
there striped him till he waxed weary. Verily, God be
thanked, I hear no harm of him now. And of aU who ever
came in my hand for heresy, as help me God, else had never
any of them any stripe or stroke given them, so much as a
fiUip in the forehead."*
We must come to the conclusion that persons accused of
heresy were confined in his house, though not treated with
cruelty, and that the supposed tortures consisted In flogging
one naughty boy, and administering stripes to one maniac,
according to the received notion of the times, as a cure for
his malady, f The truth Is, that More, though In his youth
* Apology, c. 36. English Works, 902,
t At the Common Law moderate chastisement of a servant might be justi-
y ^f^' — and to an action of assault, battery and false imprisonment, it was a good
l-^ plea " that the plaintiff, being a lunatic, the defendant arrested him, confined
lum, and whipped him."

SIR THOMAS MORE, LORD CHANCELLOR.

555

he had been a warm friend to reUgious toleration, and In his CHAP.
. XXXIL
''Utopia" he had published opinions on this subject rather 

latitudinarlan, at last, alarmed by the progress of the Reform
ation, and shocked by the excesses of some of its votaries in
Germany, became convinced of the expediency of uniformity
of faith, or, at least, conformity in religious observances ;
but he never strained or rigorously enforced the laws against
LoUardy. " It Is," says Erasmus, " a sufficient proof of his
clemency, that whUe he was Chancellor no man was put to
death for these pestilent dogmas, while so many, at the same
period, suffered for them in France, Germany, and the
Netherlands."* That he was present at the examination of
heretics before the Council, and concurred in subjecting them
to confinement, cannot be denied; for such was the law,
which he could not alter; but we ought rather to wonder
at his moderation in an age when the leaders of each sect
thought they were bound In duty to Heaven to persecute the
votaries of every other. It v?as not tUl More had retired
from office, and was succeeded by the pliant and Inhuman
Audley, that heresy was made high treason, and the scaffold
flowed with Innocent blood.
But More's great stumbling block — which he encountered Difficulty
on entering Into office, and which caused his fall- — was the King's
divorce. The suit had been evoked before Clement VII. divorce.
himself at Rome, and there It made no progress, the only
object of his Holiness being delay, that he might not offend
^e Emperor on the one hand, nor, on the other, tempt
Henry to set the Papal supremacy at defiance.
The first expedient resorted to, with More's concurrence. Opinion of
was to obtain the opinions of foreign Universities, as vyell as
Oxford and Cambridge, against the legality of a marriage
between a man and his brother's widow, the first marriage
having been consummated f; and, under the title of fees or
honoraries, large bribes were offered for a favourable answer.
Bologna, Padua, Ferrara, and other Italian Universities re
sponded to Henry's wishes ; but he met with no success In
Germany, where the influence of the Emperor was felt, and
* Erasm. Ep.
f This fact was introduced by Henry into his case, but was strenuously
denied by Catherine.

the Univer
sities.

556

REIGN OP HENRY VIII.

CHAP,
XXXIL

Luther had his revenge of " The Defender op -the
 Faith," by declaring, " that It would be more lawful for the
King to have two wives at the same time than to separate
from Catherine for the purpose of marrying another wo
man." * From France the opinions were divided. Thus the
hope of Influencing Clement by the univei-sal voice of the
Christian world was abandoned.
July, 1530, The next experiment, in which More joined, was a letter
to the Pope, subscribed by the Lords spiritual and temporal,
and certain distinguished Commoners, in- the name of the
whole nation, complaining in forcible terms of Clement's par
tiality and tergiversation. " The kingdom was threatened
with the calamities of a disputed succession, which could be
averted only by the King being enabled to contract a lawful
marriage; yet the celebration of such a marriage was pre
vented by the effectual delays and undue bias of the Pontiff.
Nothing remained but to apply the remedy without his In
terference. This was admitted to be an evil, but it would
prove a less evil than the precarious and perilous situation in
which England was now placed.'' f
Clement mildly and plausibly replied to this threat, that
the danger of a disputed succession in England would be
augmented by proceedings contrary to right and justice ; that
he was ready to proceed with the cause according to the rules
of the Church ; and that they must not require of him,
through gratitude to man, to violate the immutable com
mandments of God.
Thomas Cromwell had effectually insinuated himself into
Henry's confidence by his boldness, versatility, and un-
scrupulousness ; and he strongly counselled an immediate
rupture with Rome, which the King resolved upon, unless
Clement should yield to his menaces.
With this view, parliament was assembled. Cromwell had

A, D. 1531.
Thomas Cromwell

A parlia
ment, Peb. 4.
1532.

* Luther had a great leaning towards polygamy, and thought that it would
be better that a priest should be allowed several wives than none at all, and that
the practice of the Patriarchs and Jewish Kings might be safely followed. He
gravely writes on this occasion, " Antequam tale repudium probarem, potius
Regi permitterem alteram reglnam quoque ducere, et exemplo Patrium et
Regum duas simul uxores seu Reglnas habere " — Luth. Epist. Hala:.
t Herbert, 331.

SIR THOMAS MORE, LORD CHANCELLOR. 557
so well managed the elections, that he had a clear maiorlty In chap.
the Lower House ready to second his purposes ; and, among  ]_
the Peers, no one hazarded any show of resistance.
The plan was to make It apparent to the world, that the Threatened
King had both the courage and the power to throw off all ^jth^Rome.
dependence upon the See of Rome, if such a step should be
necessary for the dissolution of his marriage ; but, at the same
time, not to run the serious hazard to the stability of the '
throne and the public tranquillity, which might arise from
shocking the religious feelings of the people, and suddenly
changing an ecclesiastical polity as old as the first introduction
of Christianity into England.
Lord ChanceUor More was now in a very difficult dilemma. Perplexity
The great offices to which he had been raised by the King, °
the personal favour hitherto constantly shown to him, and the
natural tendency of his gentle and quiet disposition, combined
to disincline him to resistance against the wishes of his
friendly master. On the other hand, his growing dread and
horror of heresy, with Its train of disorders, and his belief that
universal anarchy would be the Inevitable result of reUgious
dissension, made him recoU from designs which were visibly
tending towards disunion with the Roman Pontiff, the centre
of Catholic union, and the supreme magistrate of the spiritual
commonwealth. His opinions, relating to Papal authority,
continued moderate and liberal ; but he strongly thought that
it ought to be respected and upheld as an ancient and vener
able control on licentious opinions, and that the necessity for
It was more and more evinced by the Increasing distractions
in the Continental states, where the Reformation was making
progress. He resolved to temporise as long as possible —
perhaps foreseeing that, if he retired from the King's councils,
all restraint would be at an end, and the dreaded catastrophe
would be precipitated.
He agreed to an Act, which was actually passed, for pre- Act passed
venting appeals to the Court of Rome*; and other measures fn™ appeals
of the same tendency being postponed, he was prevailed upon to Rome.
by the King and Cromwell, at the close of a short session, to
go down with twelve spiritual and temporal Peers to the
* 24 Hen. 8. ¦.-. 12.

558

REIGN OP HENRY VIIL

CHAP.
XXXIL
More's
speech to
House of
Commons
on the
Divorce, March 30.
1532.

His dis
tressed state of
mind.

House of Commons, and there to deUver the foUowing ad
dress, meant to prepare the world for what might foUow.
" You, of this worshipful House, I am sure you be not so
ignorant, but you know weU that the King, our Sovereign
Lord, hath married his brother's wife ; for she was both
wedded and bedded by his brother Prince Arthur, and there
fore you may surely say that he hath married his brother's
wife if this marriage be good — as so many clerks do doubt.
Wherefore the King, Uke a virtuous Prince, wiUIng to be
satisfied in his conscience, and also for the surety of his realm,
hath with great deliberation consulted with great clerks, and
hath sent my Lord of London, here present, to the chief
Universities of all Christendom, to know their opinion and
judgment in that behalf. And although the Universities of
Oxford and Cambridge had been sufficient to discuss the
cause, yet they being in his realm, and to avoid all suspicion
of partiality, he hath sent into the realms of France, Italy,
the Pope's dominions, and the Venetians, to know their
judgment In that behalf, which have concluded, written, and
sealed their determinations, according as you shall hear read."
A box was then opened, and many opinions were read — all
on one side, holding the marriage void. Whereupon the
ChanceUor said — " Now, you of this Common House may re
port in your countries what you have seen and heard, and
then all men shall perceive that the King hath not attempted
this matter of will or pleasure, as some strangers report, but
only for the discharge of his conscience and the security of
the succession of his realm. This Is the cause of our repair
hither to you, and now we will depart." *
Whoever reads this address must perceive the Chancellor's
great embarrassment and his distressing anxiety to appear to
have spoken on this subject without saying any thing by
which he might be compromised, either with the King or the
Church. His state of mind at this time may be gathered from a
dialogue between him and his son-in-law, who thus relates it :
— " Walking with me along the Thames' side at Chelsea, he

» 1 Pari. Hist. 515.

SIR THOMAS MORE, LORD CHANCELLOR. 559
said unto me, ' Would to our Lord, son Roper, on condition CHAP.
XXXII
that three things were well established In Christendom, I  '_

were put into a sack, and were presently cast into the
Thames.' 'What great things be those, sir,' quoth I, 'that
should move you so to wish?' ' In faith, son, they be these,'
said he. 'The first Is, that whereas the most part of
Christian princes be at mortal war, they were at universal
peace. The second, that where the Church of Christ Is at
present sore afflicted with many errors and heresies. It were
well settled In perfect uniformity of religion. The third, that
the matter of the King's marriage were, to the glory of God
and quietness of aU parties, brought to a good conclusion.' " *
He had great misgivings as to the progress of the re
formers, and even anticipated the time when. In England,
those who adhered to the old faith might be denied religious
liberty. " I pray God," said he, " as high as we sit upon the
mountains, treading heretics under our feet like ants, live not \/
the day that we gladly would wish to be at league and com
position with them to let them have their churches, so that
they would be contented to let us have ours quietly."
After the prorogation of parliament, he had a little respite Scene with
from the divorce ; but being again moved by the King to respecth^
speed this great matter, he fell down on his knees, and, re- tte divorce.
minding Henry of his own words on delivering the Great
Seal to him, " First look upon God, and after God upon me,"
added, that nothing had ever so pained him as that he was
not able to serve his Grace In that matter without a breach
of that original Injunction which he had received on the ac
ceptance of his office. The King affected to promise that he
would accept his service otherwise, and would continue his
favour ; — never with that matter molesting his conscience
afterwards. But More soon -perceived that there was no chance of the
divorce being granted by the court of Rome ; that the King's
marriage with Anne Boleyn would nevertheless be celebrated ;
and that measures were resolved upon which he could not, by
remaining In office, have the appearance of countenancing
without an utter sacrifice of his character.
• Roper, 24.

560

REIGN OP HENRY VIII.

CHAP.
XXXIL

He resigns
the Great
Seal.

He therefore made suit, through his " singular good friend
the Duke of Norfolk," that he might have leave to resign the
Great Seal, — the plea of declining health being urged to
soften the King's displeasure. After much hesitation the
King consented, and on the 10th day of May, 1532, the ce
remony took place at WhitehaU, when " it pleased his High
ness to say to him, that for the good service which he before
had done him, in any suit which he should after have unto him,
that should either concern his honour (for that word It pleased
his Highness to use unto him) or that should appertain unto
his profit, he should not fail to find him a good and gracious
Lord." " But," says his great-grandson, " how true these
words proved let others be judges, when the King not only
not bestowed upon him the value of one penny, but took from
him and his posterity all that ever he had either given him
by himself, or left him by his father, or purchased by him
self" *

* More, 200. It rather seems strange that the pious biographer should not
have thought it worth while to introduce the chopping off of his .ancestor's head
on the most frivolous of pretexts, as an item in the bill of particulars to prove
his Highness's ingratitude and breach of promise.

LIFE OP SIR THOMAS MORE. 561

CHAPTER XXXIII.

LIFE OF SIR THOMAS MOEE FKOM HIS RESIGNATION OF THE GREAT
SEAL TILL HIS DEATH.
It is said that the two happiest days of a man's life are the CHAP.
. XXXIII
day when he accepts a high office, and the day when he
resigns It ; and there can be no doubt that with Sir Thomas More's
More the resignation day was by far the more delightful, highsplrlts
He immediately recovered his hilarity and love of jest, and signation.
was " himself again."
He had not consulted his wife or his family about resign- Jesting
ing, and he concealed from them the step he had taken till ^^ouncing
next day. This was a holyday ; and there being no Court it to his
Circular or Newspaper on the breakfast-table, they all went to
church at Chelsea, as If nothing extraordinary had happened.
" And whereas upon the holydays during his High Chancel
lorship one of his gentlemen, when the service at the church
was done, ordinarily used to come to my Lady his wife's
pew-door, and say unto her, ' Madam, my Lord is gone,'
he came Into my Lady his wife's pew himself, and making a
low courtesy, said unto her, 'Madam., my Lord is gone,'
which she. Imagining to be but one of his jests, as he used
many unto her, he sadly affirmed unto her, that it was true.
This was the way he thought fittest to break the matter unto
his wife, who was full of sorrow to hear it." *
He immediately set about providing for his officers and
servants who were to leave him, and he succeeded in placing
them with bishops and noblemen. His state barge, which
carried him to Westminster Hall and Whitehall, he trans
ferred, with his eight watermen, to his successor. His Fool, His "Tool."
who must have been a great proficient In jesting, practising
under such a master, he made over to the Lord Mayor of
* Roper, 54.
VOL. I. O O

562

REIGN OP HENRY VIII.

CHAP.
XXXIIL

More'smode of
life in re
tirement.

Sayings of
Sir Tho
mas More's
fool.

London, with a stipulation that he should continue to serve
the office of fool to the Lord Mayor for the time being.*
After this he called together all his chUdren and grand
children who had dwelt with him, and asked their advice
how he might now, In the decay of his ability, bear out the
whole charges of them all, as he gladly would have con
tinued to do. When they were all silent — " Then wiU I
(said he) show unto you my mind : I have been brought up
at Oxford, at an Inn of Chancery, at Lincoln's Inn, and In
the King's Court, from the lowest degree to the highest; and
yet have I, in yearly revenues at this present, little left me
above a hundred pounds by the year: so that now. If we
wish to live together, you must be content to be contrlbu-
tarles together. But my counsel Is, that we fall not to the
lowest fare first : we will not, therefore, descend to Oxford
fare, nor to the fare of New Inn, but we will begin with
Lincoln's Inn diet, where many right worshipful men, of
great account and good years, do live full well ; which. If
we find ourselves the first year not able to maintain, then
will in the next year come down to Oxford fare, where many
great, learned, and ancient fathers and doctors are continually
conversant; which, if our purses stretch not to maintain
neither, then may we after, with bag and wallet, go a begging
together, hoping that for pity some good folks will give us
their charity, and at every man's door to sing a Salve
• " This fool, whose name was Pattison, appears in Holbein's famous picture
of the More family. One anecdote of him has been often related. When at a
dinner at Guildhall, the subject of his old master having refused to take the
oath of supremacy was discussed, the" fool exclaimed, ' Why, what alleth him
that he will not swear ? Wherefore should he stick to swear ? I have sworn
the oath myself"
In the " II Moro," an Italian account of Sir Thomas More, printed at
Florence, and dedicated to Cardinal Pole, there is another anecdote of this
jester, supposed to be related by the Chancellor himself, giving us not a very
exalted nction of the merriment caused by these simpletons. " Yesterday,
while we were dining, Pattison, seeing a guest with a very large nose, said
' there was one at table who had been trading to the fromontokt of noses.'
AU eyes were turned to the great nose, though we discreetly preserved silence,
that the good man might not be abashed. Pattison perceiving tbe.mistake he
had made, tried to set himself right, and said, ' He lies who says the gentle
man's nose is large, for on the faith of a true knight it is rather a small one.'
At this all being Inclined to laugh, I made signs for the fool to be turned out
of the room. But Pattison, who boasted that he brought every affair that he
commenced to a happy conclusion, resisted, and placing himself in my seat at
the head of the table said aloud, with my tone and gesture, ' There is one thing
I would have you to know. 3a*t»gentleman there has not the least bit of nose
on his face.'" .,«»:r '

LIFE OP SIR THOMAS MORE. 563
Regina, whereby we shall still keep company, and be merry CHAP.
tbgether." * _ XXX ill.
In those times there were no pensions of 5000/. a year for
Ex-chancellors, nor sinecures for their sons ; and More might
truly have said — " Virtute me Involvo, probamque
Pauperiem sine dote quaere."
He certainly never repented the step he had taken,
although, after severe sufferings. It led him to the scaffold ;
and, but for the persecutions of the tyrant whom he refused
to serve, there can be no doubt that he would haye spent
most happily the remainder of his days In the bosom of his
family, ardently engaged in those Uterary and philosophical
pursuits which professional avocations and official duties had
so often Interrupted. He had not treated the law as a mere
trade; and when the first day of term afterwards came round,
he had no inclination to join In the procession to Westminster
Hall — not participating the feelings of the retired tallow- 
chandler, who could not keep away from his old shop on
"melting-days." He now experienced the delightful calm which
he describes In his letter of congratulation on the resignation
of Lord Chancellor Warham : — "I have always esteemed His letter
yourmostreverendfatherhoodhappy in your courses, not only bisho'o '
when you executed, with great renown, the office of Chancellor- Warham.
ship, but also more happy now, when, being rid of that great
care, you have betaken yourself to a most wished quietness,
the better to live to yourself, and to serve God more easily ;
such a quietness, I say, that is not only more pleasing than
all these troublesome businesses, but also more honourable
far. In my judgment, than all those honours which you there
enjoyed. Wherefore many, and amongst them myself, do
applaud and admire this your act, which proceeded from a
mind, I know not whether more modest in that you would
wjllingly forsake so magnificent a place, or more heroical
In that you could condemn It, or more Innocent In that you
feared not to depose yourself from It ; but, surely, most ex
cellent and prudent it was to do so ; for which, your rare
» More, 303J^
o o 2 ^^

564

REIGN OP HENRY VIII.

CHAP.
XXXIIL

Letter to
Erasmus.

His occu
pations.

A.u. 1532,

King's
marriagewith Anne
Boleyn,

deed, I cannot utter unto you how I rejoice for your sake,
and how much I congratulate you for It, seeing your father
hood to enjoy so honourable a fame, and to have obtained so
rare a glory, by sequestering yourself far from all worldly
businesses, from all tumults of causes, and to bestow the rest
of your days, with a peaceable conscience for all your life
past. In a quiet calmness, giving yourself wholly to your
book, and to true Christian philosophy." *
Writing now to Erasmus, he says that " he hunself had
obtained what, from a child, he had continually wished —
that, being freed from business and public affairs, he might
live for a time only to God and himself."
Accordingly, he passed the first year of his retirement In
revlvmg his recollection of favourite authors, in bringing up
his acquaintance with the advancing literature of the day, in
retouching his own writings, and planning new works for the
further Increase of his fame and the good of his fellow-crea
tures. His happiness was only alloyed by witnessing the
measures in progress under his successor and Cromwell,
which he had the sagacity to foresee would soon lead to
others more violent and more mischievous.
The threats to break off all intercourse with Rome having
proved Ineffectual, It was at, last openly resolved to carry
them into effect, and, without any divorce from Catherine by
the Pope's authority, that the King should marry Anne
Boleyn. In September, 1532, she was created Marchioness
of Pembroke, and, notwithstanding the gaUant defence of
Burnet and other zealous Protestants, who think that the
credit of the Reformation depends upon her purity. It seems
probable that Queen Catherine, having been banished from
Court, and taken up her abode at AmpthUl, Anne, In the
prospect of the performance of the ceremony, had, after a
resistance of nearly six years, consented to live with Henry
as his wife.t On the 25th of January, 1533, she being then
in a state of pregnancy, they were privately married. %

* More, 207,
t I must be aUowed to say that I consider still more absurd the attempts of
Romish zealots to make her out to have been a female of abandoned character
from her early youth. Sge Lingard, vol, vi. ch. ill.
I An attempt has been made to show a marriage on the 14th Nov. 1532, nine

LIFE OF SIR THOMAS MORE. 565
The marriage was kept secret till Easter following, when CHAP.
she was declared Queen, and orders were given for her core-  '

nation.* The troubles of the Ex-chanceUor now began. To give More re-
countenance to the ceremony, he was Invited to be present by [g^!fresg„t
three Bishops as the King's messengers, who likewise offered at her
him 201. to buy a dress suitable to the occasion. He declined '=''™"*''°"'
the Invitation, and thereby gave mortal offence to the new
Queen, who ever afterwards urged violent proceedings against
him. But instead of considering him disloyal or morose, we
ought rather to condemn the base servility of the clergy and
nobility who yielded to every caprice of the tyrant under
whom they trembled, and now heedlessly acquiesced in a
measure which might have been the cause of a civil war as
bloody as that between the houses of York and Lancaster.
There had as yet been no sentence of divorce, nor act of par
liament, to dissolve Henry's first marriage ; all lawyers, in
aU countries, agreed that It was valid till set aside by com
petent authority ; and the best lawyers were then of the
opinion, at which I believe those most competent to consider
the question have since arrived, that even upon the supposi
tion of the consummation of Catherine's marriage with Arthur,
(which she, a most sincere and pious lady, always solemnly
denied, and which Henry when she appealed to hlmf did not
venture to assert,) the marriage was absolutely valid, — as,
according to the then existing law, the Pope's dispensation
was sufficient to remove the objection of affinity ; and there Is
no ground for saying that the Pope, In granting the dispen
sation, exceeded his powers by expressly violating any divine
precept. Little weight Is to be attributed to the divorce
pronounced by Cranmer, holding his court at Dunstable,
whether Catherine appeared In it or not ; for there was

months before the birth of Queen Elizabeth, which happened on the 7th Sept,
1533; but this is disproved by the testimony of Cranmer himself. See
1 Hallam's Const. Hist. p. 84.
* It is curious that Shakspeare, living so near the time, places the marriage
and coronation of Anne in the lifetime of Cardinal Wolsey, who died three
years before; but the dramatist is not more inaccurate as to dates than most
of our prose historians of that period. — See Hen, VIII, act iv.
f " De integritate corporis usque ad secundas nuptias servatd,"
o o 3

566

REIGN OP HENRY VIII.

CHAP.
XXXIIL

A. D. 1534.
Summoned
before PrivyCouncil on
charge of
bribery.

April, 1534.

another suit for the same cause, which had been regularly
commenced In England before Wolsey and Campeggio, still
pending at Rome. But all doubt as to the legitimacy of
Elizabeth was removed, not only by a subsequent marriage
between her parents after Cranmer's divorce, and a judgment
by him that their marriage was valid, but by an act of the
legislature*, which in our country has always been su
preme, notwithstanding any opposition of bishops, popes, or
councils. The first attempt to wreak vengeance on More for his ob
stinacy, was by summoning him before the Privy Council to
answer a charge of having been guUty of bribery whUe he
was Lord ChanceUor. One Parnell was induced to complain
of a decree obtained against him by his adversary Vaughan,
whose wife, it was aUeged, had bribed the Chancellor with a
gilt cup. The accused party surprised the Council at first by
owning that " he had received the cup as a new-year's gift."
Lord Wiltshire, the King's father-in-law. Indecently but pre
maturely exulted, " Lo ! did I not tell you, my Lords, that
you would find this matter true ? " " But, my Lords," re
plied More, " hear the other part of my tale. After having
drunk to her of wine, with which my butler had filled the
cup, and when she had pledged me, I restored it to her, and
would listen to no refusal." f
The only other cases of bribery brought forward against
him were, his acceptance of a gilt cup from a suitor of the
name of Gresham, after he had given Gresham a cup of greater
value for It In exchange; and his acceptance from a Mrs.
Croker for whom he had made a decree against Lord Arundel,
of a pair of gloves. In which were contained 40Z. In angels ;
but he had told her with a smile, that though It were ill
manners to refuse a lady's present, and he should keep the
gloves, he must return the gold, which he forced her to carry
back. I
The next proceeding against him, equally without found
ation, wore a more alarming aspect ; and, at one time, seemed

* 25 Hen. 8. u. 22,
t More, 222,

t More, 221,

LIFE OF SIR THOMAS MORE. 567
fraught with destruction to him. A bill was introduced Into CHAP.
parliament to attaint of high treason EUzabeth Barton, a
woman commonly called " the Holy Maid of Kent," and her Accused of
associates, upon the suggestion, that, under pretence of re- treason in
velations and miracles, she had spoken disrespectfully of the of the Maid
King, and insisted that Catherine was still his lawful wife. °^ ^^"*-
She had obtained a great reputation for piety; and some
sensible men of that age were inclined to think, that super
natural gifts were conferred upon her by Heaven. Among
these were Archbishop Warham, Fisher, Bishop of Ro
chester, and, probably. Sir Thomas More.* Being in the
convent at Sion, More was prevailed upon to see and con
verse with her there ; but he most studiously prevented her
from saying a word to him about the King's divorce, the
King's marriage, or the King's supremacy, or any such sub
ject. However, this Interview being reported at Court,
More's name was introduced Into the bill of attainder as an
accomplice ; not with the intention at first of making him a
sacrifice, but In the expectation that, under the Impending
peril, his constancy would yield. He begged to be heard, to
make his defence against the bill openly at the bar ; but this
proposal raised great alarm from his legal knowledge and his
eloquence, and the influence of his name. It was resolved,
therefore, that he should only be heard privately before a
committee named by the King, consisting of Cranmer, the
new Archbishop, Audley, the new Chancellor, the Duke of
Norfolk, and Cromwell.
When he came before them, in respect of the high office He is heard
he had filled, they received him courteously, requesting him com-* *
to sit down with them ; but this he would on no account nuttee.
consent to. Having got him among them, instead of dis
cussing his guilt or innocence, on the charge of treason made
against him by the bill of attainder, they tried to make a
convert of him to the King's views. They began quietly —

=* We need not wonder at the credulity of the most eminent men of that age,
when in our own day a nobleman, distinguished by his talents and his eloquence,
as well as by his Illustrious birth, has published a pamphlet to support two con
temporaneous miraculous maids, the " Estatica" and the " Adolorata."
o o 4

568 RKIGN OP HENRY VIIL
CHAP. teUIng him how many ways the King's Majesty had showed
^' his love and favour towards him — how gladly he would have
had him continue In his office — how desirous he was to have
heaped still more and more benefits upon him — and, finally,
that he could ask no worldly honour or profit at his High
ness's hands but that he should obtain it, so that he would
add his consent to that which the King, the Parliament, the
Bishops, and many Universities, had pronounced for reason
and scripture.
The Ex-chanceUor fully admitted the many obligations the
King had laid upon him ; but mildly observed, that he hoped
never to have heard of this matter any more, as his Highness,
like a gracious Prince, knowing his mind therein, had pro
mised no more to molest him therewith ; since which time, he
had seen no reason to change ; and If he could, there was no
one In the whole world would be more joyful.
Threats Seeing that persuasion would not move him, " then began
used. His ^jj more terribly to threaten him ; saying, the King's Ma-
constancy. •' _ •' _ , ' J O' ^ o
jesty had given them in command expressly, if they could by
no gentle means win him, they should. In his name, with
> great Indignation charge him, that never there was servant
so vUlanous to his Sovereign, nor any subject so traitorous to
his Prince, as he." — And what was this terrible accusation?
— that More had provoked the King to set forth the book
on the seven sacraments, and the maintenance of the Pope's
authority, — whereby the title of " Defender of the Faith "
had been gained, but in reality a sword had been put into the
Pope's hand to fight against him, to his great dishonour In all
parts of Christendom.
History of HIs answcr lets us curiously into the secret history of
treatise* Henry's refutation of Luther. " My Lords," answered he,
against Lu- " these terrors be frights for children, and not for me : but
to answer that wherewith you chiefly burthen me, I believe
the King's Highness, of his honour, will never lay that book
to my charge ; for there is none that can. In that point, say
more for my clearance than himself, who right well knoweth
that I never was procurer, promoter, nor counsellor of his
Majesty thereunto ; only after it was finished, by his Grace's
appointment, and the consent of the makers of the same.

LIFE OF SIR THOMAS MORE. 569
I only sorted out, and placed in order, the principal matters CHAP.
therein ; wherein, when I had found the Pope's authority  '
highly advanced, and with strange arguments mightily de
fended, I said thus to his Grace : ' I must put your Highness
in mind of one thing — the Pope, as your Majesty well
knoweth, is a prince, as you are. In league with all other
Christian princes : It may hereafter fall out that your Grace
and he may vary upon some points of the league, whereupon
may grow breach of amity between you both; therefore I
think It best that place be amended, and his authority more
slenderly touched.' ' Nay,' said the King, ' that shall It not ;
we are so much bound to the See of Rome, that we cannot
do too much honour unto It. Whatsoever Impediment be to
the contrary, we will set forth that authority to the utter
most ; for we have received from that See our Crown Im
perial ! ' which till his Grace with his own mouth so told me,
I never heard before. Which things well considered, I trust
when his Majesty shall be truly Informed thereof, and call to
his gracious remembrance my sayings and doings in that
behalf, his Highness will never speak more of It, but wIU
clear me himself." Thereupon they, with great displeasure,
dismissed him ; and knowing whom. In the defence of his In
nocence, he taunted and defied, he well knew the price he
was to pay for his boldness.*
Nevertheless, he was in high spirits, and taking boat for More's joy
Chelsea, his son-in-law. Roper, who accompanied him, be- ^'^"^if"^
lieved, from his merriment by the way, that his name had able to act
been struck out of the bill. When they were landed and ^ge.''°'"
walking In the garden. Roper said, " I trust, sir, all Is well,
you are so merry." " It is so, indeed, son, thank God."
" Are you then, sir, put out of the bill ? " " Wouidest thou
know, son, why I am so joyful ? In good faith I rejoice that
I have given the devil a foul fall; because I have with those v
Lords gone so far, that without great shame I can never go
hack" This heartfelt exultation at having, after a struggle
to which he felt the weakness of human nature might have
been unequal, gained the victory In his own mind, and,
* More, 225.

570 REIGN OP HENRY VIII.
CHAP, though with the almost certain sacrifice of life, made It im-
 [ possible to resile, — bestows a greatness on these simple
and familiar words which belongs to few uninspired sayings
In ancient or modern times.*
The result of the conference with the four -councillors
being reported by them to Henry, he flew into a transport of
rage, swore that More should be included In the attainder,
and said, when the bill was to be discussed, he himself should
be personally present to ensure its passing. They then all
dropped down on their knees before him, and implored him to
forbear ; for if, sitting on the throne, he should receive an
overthrow. It would not only encourage his subjects ever after
to contemn him, but also redound to his dishonour among
foreign nations — • adding, that " they doubted not they should
find a more meet occasion to serve his turn, for that In this
case of the Nun he was well known to be clearly innocent."
thi^ p^eril.*^ Henry was obliged to yield, and once in his reign his thirst
for blood was not immediately gratified.
Cromwell having next day informed Roper that his father-
in-law was put out of the bill, this Intelligence reached More
himself by the Ups of his favourite daughter, when he calmly
said, "In faith, Meg, quod differtur non aufertur, — what Is
postponed Is not abandoned."
Attemptsto A few days afterwards the Duke of Norfolk made a last
submit."" attempt upon him, saying, " By the mass. Master More,
It Is perilous striving with princes ; therefore I could wish
you, as a friend, to Incline to the King's pleasure, for, by
God's body, Master More, indignatio principis mors est."
" Is that all ? " said Sir Thomas ; " why then there Is no more
difference between your Grace and me, but that I shall die to
day and you to-morrow." Norfolk, it is well known, was
attainted, ordered for execution, and only saved by Henry's
death.
His pro- But More's other prophecy of the same sort was literally
spewing' fulfiUed. Having asked his daughter Roper how the world
Anne Bo. went, and how Queen Anne did, " In faith, father," said she,
Icyn " never better ; there Is nothing else in the Court but dancing
* More, 238.

LIFE OP SIR THOMAS MORE. 571
and sporting." " Never better ! " said he. " Alas ! Meg, it chap.
pitleth me to remember unto what misery, poor soul, she will ^^I'^l-
shortly come. These dances of hers wIU prove such dances a.d. 1534,
that she will spurn our heads off like footballs ; but It will not
be long ere her head will dance the like dance." *
The policy of Henry and his ministers now was to enforce April,
submission by compelling people to swear to conform to the oa1;h tothe
new regime, a course which More had anticipated with ap- King's su-
prehenslon when he was told by Roper of the King's mar- rjqu;re5_
riage and final rupture with Rome, saying, " God give grace,
son, that these matters within a while be not confirmed
with oaths,"
The Lord Chancellor, Cranmer, CromweU, and the Abbot Commls-
of Westminster, were appointed commissioners to administer p'ohTted^to"
the required oath, drawn up in a form which the law did not administer
then authorise. Statutes had been passed to settle the suc
cession to the crown on the Issue of the King's present
marriage, and to cut off Intercourse with Rome by prohibiting
the accustomed payment of first fruits, or Peter's pence, and
forbidding appeals to the Pope or dispensations from him ; ^
but no statute had passed to constitute the King supreme
Head of the Church, or to annex any penalty to the denial of
his supremacy.! Nevertheless an oath was framed "to bear
faith and true obedience to the King, and the Issue of his
present marriage with Queen Anne, to acknowledge him the
Head of the Church of England, and to renounce all obedience
to the Bishop of Rome, as having no more power than any other ^
bishop." The administration of this oath began a few days after the
Holy Maid of Kent and her associates, under the act of at
tainder against them, had been hanged and beheaded at
Tyburn; and it was taken very freely by the clergy. It
had not yet been propounded to any layman, and the com-
•* More, 231,
f All the biographers of More, from Roper downwards, have fallen into a
mistake upon this subject, although they have recorded More's own declaration
that the warrant of his commitment was bad in point of law ; but a reference to
the Statute Book makes the matter clear beyond all question ; for he was com
mitted to the Tower in April, 1534, and the session of parliament in which the
act of supremacy was passed, did not meet till the month of November follow
ing. 26 H, 8. c. L

572

REIGN OP HENRY VIII.

CHAP.
XXXIII.

More sum
monedbefore com
missioners.

Solemn de
parturefrom his
house at
Chelsea.

His refusal
to take
oath,

missioners resolved to begin with Sir Thomas More, knowing
that If he should submit, no farther resistance need be appre
hended. For a considerable while he had been expecting a summons
before the Inquisitors, and that his family might be alarmed
as little as possible when it should really come, he hired a
man dressed as a poursulvant suddenly to come to his house,
while they sat at dinner, and knocking loudly at his door, to
warn him to appear next day before the commissioners.
They were at first in great consternation ; but he soon
relieved them by explaining the jest.
In sad earnest early in the morning of the 13th of April,
15<54, the real poursulvant entered the house, and summoned
him to appear before the commissioners that day at Lambeth.
-According to his custom when he entered on any matter of
Importance, (as when he was first chosen of the Privy Council,
sent ambassador, chosen Speaker, made Lord Chancellor, or
engaged in any weighty undertaking,) he went to church
"to be confessed, to hear mass, and to be houseled; " but
from a foreboding mind he could not trust himself to take
leave of his family with his usual marks of affection : " whereas
he evermore used before, at his departure from his wife and
children, whom he tenderly loved, to have them bring him to
his boat, and there to kiss them and bid them all fareweU, —
then would he suffer none of them forth of the gate to follow
him, but pulled the wicket after him, and shut them all from
him, and with a heavy heart took boat towards Lambeth."
On his way he whispered Into the ear of his son-in-law who
accompanied him, " I thank our Lord thei field Is won*," —
Indicating an entire confidence in his own constancy.
Being brought before the commissioners, and the oath
being tendered to him, he referred to the statute and declared
his readiness to swear that he would maintain and defend the
order of succession to the crown, as established by parliament ;
he disclaimed all censure on those who had simply taken the
oath ; but it was impossible that he should swear to the
whole contents of It without wounding his conscience. He

* More, 70.

LIPE OP SIR THOMAS MORE. 573
was commanded to walk In the garden a while, and the oath chap.
was administered to many others. When called in again, ^^m-
the list of those who had taken It was shown to him, and he
was threatened with the King's special displeasure for his re
cusancy without any reason assigned. He answered, that
" his reasons might exasperate the King still more ; but he
would assign them on his Majesty's assurance, that they
should not offend him nor prove dangerous to himself" The
commissioners observed, that such assurances could be no
defence against a legal charge. He offered to trust himself
to the King's honour ; but they would listen to no qualifica
tion or explanation. Cranmer, with some subtlety, argued
that his disclaiming all blame of those who had sworn, showed
that he thought it only doubtful, whether the oath was
unlawful ; whereas the obligation to obey the King was
absolutely certain. He might have replied, that an oath on
matter of opinion might be lawfully taken by one man, and
could not be taken without perjury by another ; but he con
tented himself with repeating his offer to swear to the suc
cession, and his refusal to go further. Thereupon he was Committed
given In ward to the Abbot of Westminster, In the hope that *» custody
-T-.-ii •ii-iii°*^ Abbot
the King might relent. It is said that, a council being held, of West-
the qualified oath would have been accepted had it not been ™inster,
that " Queen Anne, by her Importunate clamours, did ex
asperate the King," and at the end of four days, the oath
containing an acknowledgment of the King's supremacy, and
an abjuration of the Bishop of Rome being again tendered
and refused. More was committed close prisoner to the Tower Sent to
J? T J Tower.
ot Liondon.
Having delivered his upper garment as garnish to the i^tb April,
porter standing at the Traitor's Gate, by which he entered. His recep.-
he was conducted by " Master Lieutenant " to his lodging, t^o-J^^" *e
where he swore John a Wood, bis servant appointed to
attend him, " that if he should see or hear him at any time
write or speak any matter against the King or the state of
the realm, he should open it to the Lieutenant, that It might
Incontinent be revealed to the Council."
The Lieutenant apologising for the poor cheer the place ^^^ °"
^ ^ . XnElL 0CC3™
furnished, his prisoner waggishly answered, " Assure your- sion.

574

REIGN OP HENRY VIII.

CHAP.
XXXIIL
Interview
with his
daughter

¦J

self I do not mislike my cheer ; but whenever I do, then
spare not to thrust me out of your doors."
In about a month he was permitted to receive a visit from
his dearly beloved daughter, whom he tried to comfort by
saying, " I believe, Meg, they that have put me here ween
they have done me a high displeasure ; but, I assure thee on
my faith, mine own good daughter, if it had not been for my
wife, and ye that be my children, I would not have failed,
long ere this, to have closed myself in as straight a room, and
straighter too. But since I am come hither without mine
own desert, I trust that God, by his goodness, wUl discharge
me of my care, and, with his gracious help, supply my lack
among you." Having pointed out to her the illegality of his
imprisonment, there being then no statute to authorise the
required oath, he could not refrain from expressing some
indignation against the King's advisers. " And surely,
daughter, it Is a great pity that any Christian Prince should,
by a flexible Council ready to follow his affections, and by a
wea|i clergy, lacking grace constantly to stand to their learn
ing, with flattery be so shamefully abused."
It unluckily chanced while she was with him on another
occasion, that In their sight Reynolds, the Abbot of Sion,
and three monks of the Charterhouse were marched out for
execution on account of the supremacy. He exclaimed,
" Lo ! dost thou not see, Megg, that these blessed Fathers
be now as cheerfuUy going to their deaths as bridegrooms to
their marriage;" and he tenderly tried to strengthen her
mind for the like destiny befalling himself. Having con
ceived, from some expression she used, that she wished him,
to yield, he wrote her a letter, rebuking her supposed pur
pose with the utmost vehemence of affection, and concluding
with an assurance, "that none of the terrible things that
might happen to him touched him so near, or were so griev
ous to him, as that his dearly beloved child, whose judgment
he so much valued, should labour to persuade him to do what
would be contrary to his conscience." Margaret's reply was
worthy of herself " She submits reverently to his faithful
and delectable letter, the faithful messenger of his vertuous

LIFE OP SIR THOMAS MORE. 575
mind," and almost rejoices in his victory over all earth-born CHAP,
cares. She subscribes herself, "Your own most loving,
obedient daughter and bedeswoman, Margaret Roper, who
desireth, above all earthly things, to be in John Wood's stede,
to do you some service."
He had a very different subject to deal with when he visit from
received a visit from his wife, who had leave to see him, in "'
the hope that she might break his constancy. On her en
trance, like a plain rude woman, and somewhat worldly, she
thus saluted him, " What, the goodyear, Mr. More, I marvel
that you, who have been hitherto always taken for a wise
man, will now so play the fool as to lie here in this close,
filthy prison, and be content to be shut up thus with mice
and rats, when you might be abroad at your liberty, with the
favour and good will both of the King and his Council, If
you would but do as the Bishops and best learned of his
realm have done ; and, seeing you have at Chelsea a right fair
house, your library, your books, your gallery, and all other
necessaries so handsome about you, where you might. In
company with me, your wife, your children and household,
be merry, I muse what, a God's name, you mean, here thus
fondly to tarry." Having -heard her out, — preserving his good
humour, he said to her; with a cheerful countenance, " I
pray thee, good Mrs. Alice, tell me one thing." " What Is
it?" saith she. "Is not this house as near heaven as my
own ?" She could only come out with her favourite Interjec
tion, which she used, like Dame Quickly, to express im
patience, " TiUy vally ! Tilly vally ! "* By pointing out the
short time he could enjoy his house compared with the long
and secure tenure of heaven, and various other arguments and
illustrations, he, to no purpose, tried to convince her that It
was better to remain In the Tower than to dishonour him
self. He Avas Uttle moved by her persuasions, thinking (but
not saying) as Job, when tempted by his wife, " Quasi una
ex stultis mullerlbus locuta es."
We must render her the justice to recoUect, however, that she
* " Hostess (addressing Falstaff). Tillyfallyl Sir John. Never tell me, your
ancient swaggerer comes not in my doors," — 2d Part Hen. IV., actii, scene 4,

576

REIGN OF HENRY VIII.

CHAP,
XXXIII,

A.o. 1534.
Act of
attainder.

Farther
proceed
ings against
More,

continued actively to do what she could for his comfort ; and
In a subsequent part of his Imprisonment, when aU his pro
perty had been seized, she actually sold her wearing apparel
to raise money to provide necessaries for him.*
The parliament, which had answered Henry's purposes so
slavishly that it was kept on foot for six years, met again on
the 4th of November, and proceeded to pass an act of at
tainder for misprision of treason against More, and Fisher,
Bishop of Rochester, the only surviving minister of Henry
VIL, and the son's early tutor, councillor, and friend, ^ — on
the ground that they had refused to take the oath of supre
macy, — for which alleged offence, created by no law, they
were to forfeit all their property, and to be subject to per
petual imprisonment, t But this was insufficient for the royal
vengeance ; and soon after, not only was an act passed to
declare the King the Supreme Head of the Church |, but
authority was given to require an oath acknowledging the
supremacy §, and It was declared to be high treason by words
or writing to deny it.||
As More was now actually suffering punlshmpnt by im
prisonment and forfeiture of his property for having refused
to take the oath, it was impossible to make the enactment
about oaths the foundation of a new prosecution, and the
plan adopted was to Inveigle him Into a verbal denial of the
supremacy, and so to proceed against him for high treason.
With this view, the Lord Chancellor, the Dukes of Nor
folk and Suffolk, Cromwell, and others of the Privy Council,
several times came to him In the Tower, " to procure him by
all means and policies they could, either to confess precisely
the King's supremacy, or plainly to deny It." But he was

• See her letter to Cromwell, in which she says, " I pass weekly 15 shillings
for the bord-wages of my poure husband and his servant, for the mayntainlng
whereof I have been compeUyd of verey necessyt^ to seU part of myn ap
parell for lack of other substance to mafce money of," — App, to Hunter's ed.
of More.
t This act is not in the Statutes at large, but wUl be found in the Statutes of
the Realm, vol. iv. 527, 528,
t 26 Hen, 8, c. 1, § 26 Hen, 8, c, 2,
II 26 Hen, 8, c. 3. The offence described in this last act applicable to
the supremacy, is to " desire to deprive the King of his dignity, title, or name
of his royal estates;"— and, "Supreme Head of the Church" coming within
this description, to deny thc supremacy was thus Ingeniously made high treason.

LIFE OF SIR THOMAS MORE, 577
constantly on his guard, and they could get nothing more CHAP.
from him than " that the statute was like a two-edged sword; •^^^"^-
if he should speak against It, he should procure the death of
his body ; and If he should consent unto It, he should procure
the death of his soul."
The next contrivance was plotted and executed by one infamous
who has brought a greater stain upon^ the bar of England R^h^th^
than any member of the profession to which I am proud to Solicitor
belong, — a profession generally distinguished, even in bad
times, for Integrity and Independence, and never before or
since so far degraded as to have its honours won by palpable
fraud, chicanery, and perjury. Rich (ftorresco referens), —
afterwards Lord Chancellor, — had just been made SoUcitor
General, on an understanding that he was effectually to put in
force the recent acts against all recusants, and most especially
against the refractory Ex-chanceUor. Accordingly, fortified
by an order of the Council, he accompanied Sir Richard
Southwell and a Mr. Palmer to the Tower for the avowed
purpose of depriving More of the small library with which
he had hitherto been permitted to soothe his solitude. While
they were packing up the books. Rich, under pretence of
ancient friendship, feU into conversation with him ; and In a
familiar and confidential -tone, after a compliment to his
wisdom and learning, put a case to him : " Admit that there
were an act of parliament made, that all the realm should
take me for King, would not you, Mr. More, take me for
King?" "Yes, sir," said Sir Thomas, "that I would."
Rich, much elated, said, " I put the case further, — that there
were an act of parllamei^t that all the realm shonld take me
for Pope, would you not then take me for Pope?" "For
answer," said Sir Thomas, " to your first case, — ^the parlia
ment may weU meddle with the state of temporal princes ;
but to make answer to your other case, — Suppose the par
liament should make a law that God should not be God,
womH you then, Mr. Rich, say so?" "No, sir," said Mr.
Solicitor, " that I would not ; for no parliament could make
such a law." More, suspecting his drift, made no reply ; the
conversation took another turn ; and, the books being carried
off, they soon after parted.
VOL. I. P P

578

REIGN OP HENRY VIII.

CHAP.
XXXIIL
Trial of
More in
Westminster Hall,
A.D, 153^,

His be
haviour at
tri^l.

The At
torney General's
address.

Trustuig rather to partial judges and a packed jury than
the evidence which coiUd be brought forward against him, a
special commission was Issued for bringing Sir Thomas More
to a solemn trial, — the commissioners being the Lord Chan
cellor Audley, the Duke of Norfolk, Fitzjames and Fitz
herbert, the Chief Justices, and several puisne Judges. They
sat in the Court of King's Bench, in Westminster HaU.*
The arraignment took place on the 7th of May, but the trial
was postponed till the 1st of July, in the hope of strengthen
ing the case for the Crown.
On the morning of the trial. More was led on foot. In a
coarse wooUen gown, through the most frequented streets,
from the Tower to Westminster Hall. The colour of his hair,
which had become grey since he last appeared in public, his
face, which though still cheerful was pale and emaciated, his
bent posture and his feeble steps, which he was obliged to
support with his staff, showed the rigour of his confinement,
and excited the sympathy of the people, instead of impressing
them, as was intended, with dread of the royal authority.
When, sordidly dressed, he held up his hand as a criminal in
that place, where, arrayed in his magisterial robes and sur
rounded by crowds who watched his smUe, he had been ac
customed on his knees to ask his father's blessing before
mounting his own tribunal to determine, as sole Judge, on the
most important rights of the highest subjects In the realm,
— a general feeling of horror and commiseration ran through
the spectators ; — and after the lapse of three centuries, during
which, statesmen, prelates, and kings have been unjustly
brought to trial under the same roof, — considering the splen
dour of his talents, the greatness of his acquirements, and the
innocence of his life, we must still regard his murder as the
blackest crime that ever has been perpetrated In England
under the forms of law.
Sir Christopher Hale, the Attorney General, who con
ducted the prosecution, with some appearance of candour,
(strongly contrasted with the undisguised asperity of Mr.

* From this circumstance it has been erroneously stated that this was a trial
at bar in the Court of King's Bench,

LIFE OF SIR THOMAS MORE.

579

Solicitor Rich, who assisted him,) began with reading the In- ^^^K\
dictment, which was of enormous length, but contained four 
principal charges : — 1st, The opinion the prisoner had given
on the IGng's marriage. 2dly, That he had written certain
letters to Bishop Fisher encouraging him to resist. 3dly, That
he had refused to acknowledge the King's supremacy ; and,
, 4thly, That he had positively denied It, and thereby attempted
to deprive the King of his dignity and title. When the reading
of the indictment was over, the Lord Chancellor made a last
attempt to bend the resolution of the prisoner by saying,
" You see how grievously you have offended his Majesty, yet
he is so merciful, that if you will lay away your obstinacy
and change your opinion, we hope you may obtain pardon."
More calmly replied, " Most noble Lords, I have great cause
to thank your Honours for this your courtesy ; but I beseech
Almighty God that I may continue In the mind 'I am In,
through his grace, unto death."
The last was the only charge in the indictment which was No evl-
at all sufficient in point of law to incur the pains of treason ; support the
and It was unsupported by evidence. The counsel for the charge.
Crown at first contented themselves with putting in the pri
soner's examinations, showing that he had decUned an
swering the questions propounded to him by the Privy
CounciUors, with his answer, " that the statute was a two-
edged sword." An excuse was made for not proving the
supposed letters to Fisher, T)n the ground that they had been
destroyed. The Lord Chancellor, instead of at once directing an ac- Defence.
quittal, called upon the prisoner for his defence. A deep
sUence now prevaUed — all present held their breath — every
eye was fixed upon the victim. More was beginning with
expressing his apprehension " lest, his memory and wit being
decayed with his health of body through his long Imprison
ment, he should not be able properly to meet all the matters
alleged against him," when he found that he, was unable to
support himself by his staff, and his judges evinced one touch
of humanity by ordering him a chair. When he was seated,
after a few preliminary observations, he considered the charges
p p 2

380 REIGN OF HENRY VIII.
CHAP, in their order. " As to the marriage," he said, " I confess^
 T_ that I always told the King my opinion thereon as my con
science dictated unto me, which I neither ever would, nor
ought to have concealed ; for which I am so far from thinking
myself guilty of high treason, as that of the contrary, I being
demanded my opinion by so great a Prince on a matter of
such Importance, whereupon the quietness of a kingdom.
dependeth, I should have basely flattered him if I had not
uttered the truth : then I might have been accused as a
wicked subject, and a perfidious traitor to God. If herein I
have offended the King, It must be an offence to tell one's
mind plainly when our Prince asketh our advice." 2. As
to the letters to Fisher, he himself stated the contents of
them, and showed that they were free from all blame. 3. On
the charge that he had declined to declare his opinion, when
Interrogated, respecting the supremacy, he triumphantly
answered, " that he could not transgress any law, or incur
any crime of treason, by holding his peace ; God only being
judge of our secret thoughts." Here he was Interrupted by
Mr. Attorney, who said, " Although we had not one word
or deed to object against you, yet have we your silence,
when asked whether you acknowledged the King to be
Supreme Head of the Church, which is an evident sign of
a malicious mind." But Mr. Attorney was put down (and,
notwithstanding the gravity of the occasion, there was pro
bably a laugh against him,) by More quietly reminding him
of the maxim among civilians and canonists — " Qui tacet,
consentire videtur," " He that holdeth his tongue Is taken to
consent.'' 4. On the last charge he argued, that the only
proof was his saying that " the statute was a two-edged
sword," which was meant as a reason for his declining to
answer, and could not possibly be construed Into a positive
denial of the King's supremacy. He concluded with a solemn
avowal, that " he never spake word against this law to any
living man."
More about The jury, biassed as they were, seeing that if they credited
quitted!" ^^^ *^^ evidence, there was not the shadow of a case against
the prisoner, were about to acquit him ; the Judges were in

LIFE OP SIR THOMAS MORE. 581
dismay — the Attorney-General stood aghast — ^when Mr. CHAP.
Solicitor, to his eternal disgrace, and to the eternal disgrace
of the Court who permitted such an outrage on decency, left ji;^!,
the bar, and presented himself as a witness for the Crown. Solicitor
Being sworn, he detailed the confidential conversation he had becomes'
had with the prisoner In the Tower on the occasion of the ^>'"^ss and
conmiits
removal of the books ; — and falsely added, that upon his perjury,
admitting that " no parUament could make a law that God
should not be God," Sir Thomas declared, " No more could
the parUament make the King Supreme Head of the Church."
The prisoner's withering reply must have made the mean More's
and guilty wretch feel compunction and shame, for which his ffP'^"."
subsequent elevation must have been a miserable recompense : dence,
" If I were a man, my Lords, that did not regard an oath, I
needed not at this time in this place, as is well known unto
every one, to stand as an accused person. And if this
oath, Mr. Rich, which you have taken be true, then I pray
that I never see God In the face; which I would not say
were it otherwise to gain the whole world." Having truly
related the whole conversation, he continued, "In good
faith, Mr. Rich, I am more sorry for your perjury than for
mine own peril. Know you that neither I, nor any man
else to my knowledge, ever took you to be a man of such
credit as either I or any other would vouchsafe to com
municate with you in any matter of Importance. As you
well know, I have been acquainted with your manner of life
and conversation a long space, even from your youth upwards ;
for we dwelt long together in one parish ; where as yourself
can well tell (I am sorry you compel me to sgeak it) you were
always esteemed very light of your tongue, a great dicer and
gamester, and not of any commendable fame either there or
in the Temple, the Inn to which you have belonged. Can
It therefore seem likely to your honourable Lordships, that,
in so weighty a cause, I should so unadvisedly overshoot my
self as to trust Mr. Rich, a man always reputed of me for one
of so little truth and honesty, about my sovereign Lord the
King, to whom I am so deeply indebted for his manifold
favours, or any of his noble and grave counseUors, that I
p r 3

582

REIGN OF HENRY VIII.

CHAP.
XXXIIL

Summing
up of Lord
Audley,

Verdict of
guilty.

should declare only to him the secrets of my conscience,
touching the King's supremacy, the special point and only
mark so long sought for at my hands, which I never did nor
ever would reveal after the statute once made, either to the
King's Highness himself, or to any of his noble counseUors, as
it is weU known to your Honours, who have been sent for no
other purpose at sundry times from his Majesty's person to
me in the Tower. I refer It to your judgments, my Lords,
whether this can seem a thing credible unto any of you."
This address produced a deep effect upon the by-standers,
and even on the packed jury ; and Mr. SoUcitor was so much
alarmed, that, resuming his capacity of counsel for the Crown,
he caUed and examined Sir Richard Southwell and Mr.
Palmer, In the hope that they might be as regardless of truth
as himself, and corroborate his testimony ; but they both said
they were so busy in trussing up the books In a sack, they
gave no ear to the conversation.
The Chief Commissioner, however, gallantly restored the
fortune of the day ; and in an ingenious, animated, and sar
castic summing up, pointed out the enormity of the offence
charged ; — the danger to the King, and the pubUc tranquil
lity from the courses foUowed by the prisoner; — that the
evidence of the Solicitor General, which he said was evidently
giyen with reluctance and from a pure motive, stood uncon
tradicted, if not corroborated, as the denial of the prisoner
could not be taken into account; — that as the speech related
by the witness undoubtedly expressed the real sentiments of
the prisoner, and was only drawing a necessary inference, there
was every probability that It was spoken ; — and that, if the
witness was beUeved, the case for the Crown was estabUshed;
The jury retired from the bar, and In about a quarter of
an hour (to the horror. If not the surprise, of the audience,)
brought In a verdict of guilty ; " for," says bis descendant,
" they knew what the King would have done In that case."*
But It is possible that being all zealous Protestants, who

* It is hardly possible to read without a .smile the statemeiit of the verdict
by Erasmus in his " Epistola de Morte Thoraae Mori " : " Qui [duodeclm viri]
quum per horae quartam partem secessissent, reversi sunt ad princlpes ac judices
delegatus ao pronunclarunt killim, hoc est, dignus est morte."

LIPE OP SIR THOMAS MORE. 583
looked with detestation on our intercourse with the Pope, CHAP.
XXXIIL
and considering that the King's supremacy could not be  '_
honestly doubted, they concluded that, by convicting a
Papist, they should be doing good service to religion and
the state, — and that, misled by the sophistry and eloquence
of the presiding Judge, they believed that they returned an
honest verdict.
Audley was so delighted, that, forgetting the established Fofms °^-
forms of proceeding on such an occasion, he eagerly began to before
pronounce judgment. sentence.
More Interrupted him, and, his pulse still beating as tem
perately as If sitting In his library at Chelsea talking to
Erasmus, " My Lord," said he, " when I was towards the
law, the manner In such cases was to ask the prisoner before
sentence whether he could give any reason why judgment
should not proceed against him." The Chancellor in some
confusion owned his mistake, and put the question.
More was now driven to deny the power of parliament to
pass the statute transferring the Headship of the Church from
the Pope to the King, and he took some exceptions to the
frame of the Indictment. The Chancellor, being loth to
have the whole burden of this condemnation to lie upon him
self, asked openly the advice of my Lord Chief Justice of
England, Sir John Fitzjames, " whether this indictment were
sufficient, or no ?" — Fitzjames, C. J. " My Lords all, by St.
Gillian (ever his oath), I must needs confess, that if the act
of parUament be not unlawful, then the Indictment Is not,
in my conscience, insufficient."*
Lord Chancellor. " Lo ! my Lords, lo ! You hear what Sentence of
my Lord Chief Justice saith. Quod adhuc desideramus testi- passed.
monium ? Reus est mortis." He then pronounced upon him
the frightful sentence in cases of treason, concluding with
* Sharon Turner, actuated by his sense of the " mild and friendly temper" of
Henry VIIL, (taking a very different view of his character frora Wolsey or
Miore, when they were most familiar and in highest favour with him,) is desirous
of palliating this prosecution ; and a full copy of the Indictment not being forth
coming, supposes that there were other charges against More of which we know
nothing: but the whole course of the proceeding, as well as all contemporary
evidence, shows, that he was tried under 26 H. 8. c, 13,, for " Imagining to de
prive the King of his title and dignity," — the denial of the supremacy being
the overt act relied upon. — See Turn. Hist. H. VIII.
p p 4

584

REIGN OF HENRY VIII.

CHAP.
XXXIIL

More's
speech to
the Judges.

ordering that his four quarters should be set over four gates
of the city, and his head upon London Bridge.
The prisoner had hitherto refrained from expressing his
opinion on the -question of the supremacy, lest he might
appear to be wantonly courting his doom ; but he now said,
with temper and firmness, that, after seven years' study, he
never could find that a layman could be head of the church.
Taking the position to mean, as we understand It, — thaf^he
Sovereign, representing the civil power of the state, is su
preme, — It may easily be assented to; — but in Henry's own
sense, that he was substituted for the Pope, and that aU the
powers claimed by the Pope In ecclesiastical affairs were
transferred to him, and might be lawfully exercised by him, —
It Is contrary to reason, and Is unfounded In Scripture, and
would truly make any church Erastian in which it Is recog
nised. I therefore cannot say, with Hume, that More
wanted " a better cause, more free from weakness and super
stition." The Lord Chancellor asked him if he was wiser than all
the learned men in Europe. He answered, that almost the
whole of Christendom was of his way of thinking.
The Judges courteously offered to listen to him if he had
any thing more to say. He thus answered : — " This farther
only have I to say, my Lords, that like as the blessed apostle
St. Paul was present and consenting to the death of the pro-
tomartyr St. Stephen, keeping their clothes that stoned him
to death, and yet they be now twain holy saints in heaven,
and there shall continue friends together for ever ; so I verily
trust, and shaU therefore heartily pray, that, though your
Lordships have been on earth my judges to condemnation,
yet that we may hereafter meet In heaven merrily together
to our everlasting salvation; and God preserve you all,
especially my Sovereign Lord the King, and grant him
faithful councillors." *

* This speech, which seems to me to be so much in the true spirit of the
Christian religion, is censured by Sharon Turner as showing that More pre
sumptuously compared himself with St. Stephen. — Turner's Hist., vol. x.
p. 802. n.

LIPE OF SIR THOMAS MORE. 585
Having taken leave of the Court In this solemn manner, chap.
he was conducted from the bar, — an axe, with Its edge now  '
towards him, being carried before him. He was in the cus- Carried
tody of his particular friend. Sir William Kingston, who, as ''<'ck to the
Lieutenant of the Tower, witnessed the last moments both
of Wolsey and More, and extended to both of them all the
kindness consistent with obedience to the orders of his
stern master.
They came back by water, and on their arrival at the Affecting
Tower wharf a scene awaited the illustrious convict more ,^^^^ i^\^^
painful to his feelings than any he had yet passed through, daughter
Margaret, his best-beloved child, knowing that he must land jjiu,
there, watched his approach that she might receive his last
blessing ; " whom, as soon as she had espied, she ran in
stantly unto him, and, without consideration or care of her
self, passing through the midst of the throng and guard of
men who, with blUs and halberds, compassed him round,
there openly, in the sight of them all, embraced him, took him
about the neck, and kissed him, not able to say any word but
' Oh, my father ! Oh, my father ! ' He gave her his fatherly
blessing, telling her that ' whatsoever he should suffer,
though he were innocent. It was not without the will of
God, and that she must therefore be patient for her loss.'
After separation she, all ravished with the entire love of her
dear father, suddenly turned back again, ran to him as be
fore, took him about the neck, and divers times kissed him
most lovingly ; a sight which made even the guard to weep
and mourn."* So tender was the heart of that admirable
woman, who had had the fortitude to encourage her father In
his resolution to prefer reputation to life ! t
After this farewell he felt that the bitterness of death was
* More, 276,
t Rogers has pathetically Interwoven with his theme the story of this
 " blushing maid,
Who through the streets as through a desert stray'd,
And when her dear, dear father pass'd along
Would not be held; but bursting thro' the throng,
Halberd and battle-axe, kiss'd him o'er and o'er.
Then turn'd and wept, then sought him as before,
Believing she should see his face no more." Human Life.

586

REIGN OP HENRY VIII.

CHAP.
XXXIIL

Death
warrant
issued.

His last
letter to his
daughter.

Announce
ment to
him of his
execution.

over, and he awaited the execution of his sentence with a
cheerfulness that, with severe censors, has brought some re
proach upon his memory. But It should be remembered that
he had long foreseen the event, and with all humUIty, sin
cerity, and earnestness, had submitted to all the observances
which, according to his creed, were the fit preparations for
the change he was to undergo.
From the notion that more would be gained by his recant
ation than his death, fresh attempts were made to bend his
resolution; and, these failing, a warrant was Issued for his
execution, all parts of the frightful sentence, as to the manner
of it, being remitted, except beheading. In respect of his
having filled the high office of Lord Chancellor. On receiving
this Intelligence, he expressed a hope " that none of his friends
might experience the like mercy from the King."
The day before he was to suffer he wrote, with a piece of
coal, the only writing Implement now left to him, a farewell
letter to his dear Margaret, containing blessings to aU his
children by name, with a kind remembrance even to one of
her maids. Adverting to their last interview, at which the
ceremonial which then regulated domestic intercourse had
been so little observed, he says,- — "I never Uked your manner
towards me better than when you kissed me last, for I am
most pleased when daughterly love and dear charity have no
leisure to look to worldly courtesy."
Early the next day, being Tuesday the 6th of July, 1535*,
came to him his " singular good friend," Sir Thomas Pope,
with a message from the King and Council that he should
die before nine o'clock of the same morning. More having
returned thanks for these " good tidings," Pope added, " the
King's pleasure farther Is, that you use not many words at
your execution." " I did purpose," answered More, " to have
spoken somewhat, but I will conform myself to the King's
commandment, and I beseech you to obtain from him that my
daughter Margaret may be present at my burial." " The

* More's recent biographers, by erroneously fixing his trial on the 7th of
May, make an interval of two months instead of six days between that and his
execution ; but it is quite certain that although he was arraigned on the 7th of
May, he was not tried tUl the 1st of July, — 1 St, Tr 385,

LIFE OF SIR THOMAS MORE. 587
King is already content that your wife, children, and friends CHAP,
"V "V" Y TTT
shaU have Uberty to be present thereat," Pope now taking
leave, wept bitterly ; but More said to him, " Quiet yourself,
Mr. Pope, and be not discouraged, for I trust we shall yet
see each other full merrily, where we shall be sure to live
and love together in eternal bliss." Then, to rally the spirits
of his friend (In reference to a medical practice then in great
vogue), — as If he had been a fashionable doctor giving an
opinion upon the case of a patient, he took his urinal In his
hand, and, casting his water, said in a tone of drollery, " I
see no danger but this man may live longer if it please the
King."* Being conducted by Sir William Kingston to the scaffold. Conducted
it seemed weak, and he had some difficulty in mounting It.
Whereupon he said merrily, " Master Lieutenant, I pray you
see me safe up, and for my coming down let me shift for
myself." Having knelt and pronounced the " Miserere " with great His devo-
devotlon, he addressed the executioner, to whom he gave an *'°"^-
angel of gold, saying, " Pluck up thy spirit, man, and be not
afraid to do thy office ; my neck Is very short ; take heed,
therefore, that thou strike not awry for saving thy honesty."
When he had laid his head on the block he desired the exe- His jests;
cutioner " to wait till he had removed his beard, for that had
never offended his Highness."f One blow put an end to his His death.
sufferings and his pleasantries.
What zealot shall venture to condemn these pleasantries
after the noble reflections upon the subject by Addison, who
was never suspected of being an Infidel, a favourer of Ro
manism, or an enemy to the Protestant faith ? " The Inno
cent mirth which had been so conspicuous In his Ufe did not
forsake him to the last. His death was of a piece with his
life ; there was nothing In It new, forced, or affected. He did
not look upon the severing of his head from his body as a cir
cumstance which ought to produce any change in the dis
position of his mind, and as he died In a fixed and settled
* This anecdote, which so strikingly illustrates the character of More and the
manners of the age, is omitted by his modern biographers as indelicate !
t More, 287,

588

REIGN OP HENRY VIII.

CHAP.
XXXIII.

His head
stolen by
his daugh»
ter.

Barbarous
conduct of
HenryVIIL to
More's
family.

General
horror pro
duced by
the murder
of More,

hope of immortality, he thought any unusual degree of sorrow
and concern improper,"*
" Lightly his bosom's Lord did sit
Upon its throne, unsoften'd, undismay'd
By aught that mingled with the tragic scene
Of pity and fear ; and his gay genius play'd
With the inoffensive sword of native wit,
Than the barg^axe more luminous and keen,"']"
More's body being given to his family for Interment, — to
strike terror into the multitude, his head stuck on a pole was
placed on London Bridge ; but the affectionate and courageous
Margaret procured it to be taken down, preserved It as a
precious relic during her life ; and, at her death, ordered It
to be laid with her In the same grave.
When news of the execution was brought to Henry, who
was at that time playing at tables with the Queen, turning
his eyes upon her he said, " Thou art the cause of this man's
death ; " and, rising Immediately from his play, shut him
self up In his chamber. But if he felt any remorse, recollecting
the times when he put his arm round More's neck in the
garden at Chelsea, or was instructed by him In the motion of
the heavenly bodies from the house-top, or was amused by
his jests at supper, — the feeling was transitory ; for he not
only placed the head where it must have been conspicuous to
his own eye, in passing between Whitehall and Greenwich,
but he immediately expelled Lady More from the house at
Chelsea, seizing whatever property More left behind him ; he
even set aside assignments which had been legally executed
before the commission of the alleged offence, for the purpose
of making some provision for the family, — thereby giving
fresh evidence of his "mild and friendly temper !"|
The letters and narrative of Erasmus diffused the story of
More's fate over Europe, and every where excited horror
against the English name. Henry's ministers were regarded
at every Court with averted eyes, as the agents of a -monster.

* Spectator, No. 349. f Wordsworth.
I See Turn. Hist. Eng., vol. x. 333. We may be amused by a defence of
Richard III., but we can feel only Indignation and disgust at an apology for
Henry VIIL, whose atrocities are as well authenticated as those of Robespierre,
and are less excusable. For trial and execution of More, see 1 St. Tr. 385  475.

LIFE OF SIR THOMAS MORE. 589
Charles V. sent for Sir T. Elliot, the English Ambassador, CHAP.
-y "VV TTT
and said to him, " We understand that the King, your  '_
master, has put to death his wise councillor. Sir Thomas
More." EUIot abashed, pretended Ignorance of the event.
" Well, said the Emperor, it is true ; and this we will say,
that if he had been ours, we should sooner have lost the best
city In our dominions than so worthy a counciUor."
Holbein's portrait of More has made his features familiar to More's
all Englishmen. According to his great-grandson, he was of
" a middle stature, well proportioned, of a pale complexion ;
his hair of chestnut colour, his eyes grey, his countenance
mild and cheerful ; his voice not very musical, but clear and
distinct ; his constitution, which was good originally, was
never impaired by his way of living, otherwise than by too
much study. His diet was simple and abstemious, never
drinking any wine but when he pledged those who drank to
him ; and rather mortifying, than indulging, his appetite in
what he ate."*
His character, both In public and In private life, comes as His cha-
near to perfection as our nature will permit ; and I must
think that, In weighing It, there has been too much con
cession, on the score that the splendour of his great qualities
was obscured by intolerance and superstition; and that he
voluntarily sought his death by violating a law which, with a
safe conscience, he might have obeyed. We Protestants
must lament that he was not a convert to the doctrines of the
Reformation ; but they had as yet been very Imperfectly ex
pounded In England, and they had produced effects In foreign
countries which might well alarm a man of constant mind.
If he adhered conscientiously to the faith In which he had
been educated, he can In no Instance be blamed for the
course he pursued. No good Roman Catholic could declare
that the King's first marriage had been absolutely void from
the beginning ; or that the King could be vested, by act of
parhament, with the functions of the Pope, as Head of the
Anglican Church. Can we censure him for submitting to
loss of office. Imprisonment, and death, rather than make such
a declaration? He Implicitly yielded to the law regulating
* More, 294.

59Q

REIGN OF HENRY VIIL

CHAP,
XXXIIL

Merits of
the Re
formers. >

More's His.
of Edward
V. and
Richard
IIL

His " Epi
grammata.'

the succession to the Crown ; and he offered no active oppo
sition to any other law ; — only requiring that, on matters of
opinion, he might be permitted to remain silent.
The English Reformation was a glorious event, for which'
we never can be sufficiently grateful to divine Providence :
but I own I feel little respect for those by whose instru
mentality It was first brought about; — men generally swayed
by their own worldly interests, and wUling to sanction the
worst passions of the tyrant to whom they looked for ad
vancement. With all my Protestant zeal, I must feel a
higher reverence for Sir Thomas More than for Thomas
Cromwell or Cranmer.*
I am not permitted to enter into a critical examination of
his writings ; but this sketch of his Ufe would be very defec
tive without some further notice of them. His first literary
essay is supposed to have been the fragment which goes un
der his name as " the History of Edward V. and Richard IIL,"
though some have ascribed It to Cardinal Morton, who pro
bably furnished the materials for it to his precocious page,
having been Intimately mixed up with the transactions which
it narrates. It has the merit of being the earliest historical
composition in the English language ; and, with all its defects,
several ages elapsed before there was much improvement
upon It, this being a department of literature In which
England did not excel before the middle of the eighteenth
century. More's " Epigrammata," though much admired In their
day, not only in England, but aU over Europe, are now only
inspected by the curious, who wish to know how the Latin
language was cultivated in the reign of Henry VII. The
collection in its present form was printed at Basle from a
manuscript supplied by Erasmus, consisting of detached copies
made by various friends, without his authority or sanction.
* Although he adhered to most of what we call " the errors of popery," it Is
delightful to find that he was friendly to the circulation of the Holy Scriptures,
and that from them he professed to draw his creed. When Erasmus published
his admirable edition of the New Testamknt, thus More bursts forth : 
" Sanctum opus, et docti labor immortalis Ekasmi,
Prodit, et o populis commoda quanta vehlt 1
Tota igitur demptls versa est jam denuo mendis,
Atque nova Chbisti lex nova luce nitet,"

life op sir THOMAS MORE. 591
His own opinion of their merits Is thus given in one of his chap.
epistles to Erasmus : " I was never much delighted with my •^^Xlli.
Epigrams, as you are weU aware ; and if they had not pleased ' "
yourself and certain others better than they pleased me, the
volume would never have been published." The subjects of
these effusions are very multifarious — the ignorance of the
clergy — the foibles of the fair sex — the pretensions of
sciolists — the tricks of astrologers — the vices and follies of
mankind, — whUe they are prompted at times by the warmth
of private friendship and the tenderness of domestic affection.
Many of them were written to dissipate the ennui of tedious
and solitary travelling. When rapid movement on the
surface of the earth by the power of steam was less thought
of than the art of flying through the air with artificial wings,
it was the practice of scholars trudging slowly on foot, or
toiling along miry roads on a tired horse, to employ their
thoughts on metrical composition. Erasmus framed In his
own mind, without any assistance from writing materials, his
poem upon Old Age while crossing the Alps into Italy, —
and he devised the plan of the " Encomium Morlae " during
a journey to England, " ne totum hoc tempus quo equo fuit
Insidendum a/Movaoos et ilUteratls fabulis tereretur." Thus
More begins a beautiful address to Margaret, Elizabeth,
Cicely, and John, "dulcisslmis llberis," composed under
circumstances which he graphically describes — • seemingly
very unfavourable to the muses :
" Quatuor una meos invlsat epistola natos,
Servat et incolumes a patre missa salus.
Dum peragratur iter, pluvioque madescimus Imbre,
Dumque luto implicltus saepius bseret equus.
Hoc tamen interea vobis excogito carmen,
Quod gratum, quanquam sit rude, spero fore.
Colleglsse animl licet bine documenta paterni,
Quanto plus oculis vos amet ipse suis :
Quem non putre solum, quem non male turbidus aer,
Exlguusque altas trans equus actus aquas,
A vobis poterant divellere, quo minus omni
Se memorem vestri comprobet esse loco ;
Nam crebro dum nutat equus casumque minatur,
Condere non versus deslnit ille tamen.
He then goes on in a very touching manner to remind
them with what delight he had caressed them, and treated them

;92

REIGN OP HENRY VIII.

CHAP, with fruit and cakes and pretty clothes, and with what re-
^  ' luctance and gentleness he had flogged them. The instru
ment of punishment, the appUcation of It, and the effects of
it, are all very curious.
" Inde est vos ego quod soleo pavisse placenta
Mitia cum pulchris et dare mala piris.
Inde quod et Serum textis ornare solebam,
Quod nunquam potui vos ego flere pati ;
Scitis enlm quam crebra dedi oscula, verbera rara,
Flagrum pavonis non nisi cauda fuit,
Hanc tamen admovl timldeque et moUiter ipsam,
iVe vibex teneras signet amara nates.
Ah I ferus est, dicique pater non ille meretur,
• Qui lachrymas natl non fleat ipse sui."
As a specimen of his satirical vein, I shall give his Unes on
an old acquaintance whom he had estranged (seemingly not
to his very deep regret) by lending him a sum of money —
" In TyNDALEM nEBITOREM.
" Ante meos quam credideram tibi, Tyndale, nummos,
Quum libult, licuit te mihi sape frui ;
At nunc si tibi me fors angulus afferat ullus,
Haud secus ac viso qui pavet angue, fugis,
Non fuit unquam animus, mihi crede, reposcere nummos ;
Non fuit, at ne te perdere cogar, erit.
Perdere, te salvo, nummos volo, perdere utrumque
Nolo, sat alterutrum sit periisse mihi.
Ergo tibi nummis, aut te mlhl redde, retentis :
Aut tu cum nummis te mihi redde meis.
Quod tibi si neutrum placeat, nummi mihi saltern
Fac redeant ; at tu non rediture, vale," *

* The following spirited translation is by the accomplished author of Philo-
MOKUS. " O Tyndal, there was once a time,
A pleasant time of old,
Before thou cam'st a-borrowlng,
Before I lent thee gold ;
" When scarce a single day did close
But thou and I, my friend.
Were wont, as often as I chose,
A social hour to spend,
" But now, if e'er perchance we meet,
Anon I see thee take
Quick to thy heels adown the street,
Like one who sees a snake.
" Believe me, for the dirty pelf
I never did Intend
To ask ; and yet, spite of myself,
I must, or lose my friend.

LIFE OF SIR THOMAS MORE. 593
More's controversial writings, on which he bestowed most CHAP.
pams and counted most confidently for future fame, have long  '
fallen Into utter oblivion, the very titles of most of them
having perished.
But the composition to which he attached no Importance, — His " Uto-
which, as a jeu-d^ esprit, occupied a few of his Idle hours when ^'*"
he retired from the bar, — ¦ and which he was with great diffi
culty prevailed upon to publish, — would of Itself have made
his name immortal. Since the time of Plato, there had been
no composition given to the world which, for imagination, for
phUosophlcal discrimination, for a familiarity with the prin
ciples of government, for a knowledge of the springs of human
action, for a keen observation of men and manners, and for
felicity of expression, could be compared to the Utopia.
Although the word, invented by More, has been introduced
into the language, to describe what is supposed to be imprac
ticable and visionary, — the work (with some extravagance
and absurdities, devised perhaps with the covert object of
softening the offence which might have been given by his
satire upon the abuses of his age and country,) abounds with
lessons of practical wisdom. If I do not, like some, find
In It all the doctrines of sound pohtical economy illustrated
by Adam Smith, I can distinctly point out In It the objec
tions to a severe penal code, which have at last prevailed,
after they had been long urged in vain by Romilly and Mack
intosh ; — and as this subject Is intimately connected with
the history of the law of England, I hope I may be pardoned
for giving the foUowing extract to show the law reforms

" To lose my money I consent.
So that I lose not thee ;
If one or other of you went,
Contented might I be.
" With or without the gold, return, —
I take thee nothing loath ; —
But, sooth, it makes my spirit yearn,
Thus to resign you both.
" If neither please, do thou at least
Send me the money due ;
Nor wonder if to thee I send
A long and last adieu."
VOL. L Q Q

594

REIGN OF HENRY VIII.

CHAP.
XXXIIL
More's
enlightened views
on criminal
law.

On the
law of for
feiture.

which Sir Thomas More would have Introduced when Lord
Chancellor, had he not been three centuries in advance of his
age : He represents his great traveUer who had visited Utopia,
and describes its institutions, as saying, " There happened to
be at table an English lawyer, who took occasion to run out
in high commendation of the severe execution of thieves in
his country, where might be seen twenty at a time dangling
from one gibbet. Nevertheless, he observed. It puzzled him
to understand, since so few escaped, there were yet so many
thieves left who were still found robbing in all places..* Upon
this I said with boldness, there was no reason to wonder at
the matter, since this way of punishing thieves was neither just
in itself nor for the public good ; for as the severity was too
great, so the remedy was not effectual ; simple theft was not so
great a crime that It ought to cost a man his life ; and no
punishment would restrain men from robbing who could find
no other way of livelihood. In this, not only you, but a
great part of the world besides, imitate Ignorant and cruel
schoolmasters, who are readier to fiog their pupils than to
teach them. Instead of these dreadful punishments enacted
against thieves. It would be much better to make provision
for enabling those men to live by their Industry whom you
drive to theft and then put to death for the crime you
cause." He exposes the absurdity of the law of forfeiture In case
of larceny, which I am ashamed to say, notwithstanding the
efforts I have myself made in parliament to amend it, still
disgraces our penal code, so that for an offence for which, as
a full punishment, sentence is given of Imprisonment for a
month, the prisoner loses all his personal property, which Is
never thought of by the Court In pronouncing the sentence.
It was otherwise among the Utopians. " Those that are

* " Coepit accurate laudare rlgidam illam justitiam quae tum illic exercebatur
in fures, quos passim narrabat nonnunquam suspendl viginti in una cruce, atque
eo vehementius dicebat se mirarl cum tam pauci elaberentur supplicio,-quo malo
fato fieret (how the devil it happened) uti tam multi tamen ubique grassarentur."
This lawyer reminds me exceedingly of the attorney-generals, judges, and
secretaries of state, who in my early youth eulogised the bloody penal code which
then disgraced England, and predicted that, if It were softened, there would be
no safety for life or property. They would not even, like their worthy prede.
cesser here recorded, admit its inefficiency to check the commission of crime.

LIPE OP SIR THOMAS MORE. 595
found guilty of theft among them are bound to make resti- CHAP.
XX\1II
tution to the owner, and not to the prince. If that which '
was stolen is no more in being, then the goods of the thief
are estimated, and restitution being made out of them, the
remainder Is given to his wife and children."
I cannot refrain from giving another extract to prove that, On rellgl-
before the Reformation, he was as warm a friend as Locke to °f^ toiera-
. . . tion.
the principles of religious toleration. He says, that the great
legislator of Utopia made a law that every man might be of
what religion he pleased, and might endeavour to draw others
to it by the force of argument, and by amicable and modest
ways, without bitterness against those of other opinions.
" This law was made by Utopus not only for preserving the
public peace, which he saw suffered much by daily contentions
and irreconcilable heats, but because he thought it was re
quired by a due regard to the interest of religion Itself. He
judged It not fit to decide rashly any matter of opinion, and
he deemed it foolish and indecent to threaten and terrify
another for the purpose of making him believe what did not
appear to him to be true."*
More had In his visits to Flanders — then far more ad
vanced than England in refinement as well as in wealth —
acquired a great fondness for pictures, and he was desirous to
introduce a taste for the fine arts among his countrymen.
He was the patron of Holbein, and It was through his In
troduction that this artist was taken into the service of
Henry VIII. Hence the pains bestowed on Holbein's por
traits of the More family, which are the most delightful of
his works. More was likewise acquainted with Quintin
Mastys, the celebrated painter of Antwerp ; and he describes,
* His most wonderful anticipation maybe thought that of Lord Ashley'sfactory
measure — by "the Six Hours' Bill," which regulated labour In Utopia. " Neeab
summo mane tamen, ad multam usque noctem perpetuo labore, velut jumenta fati-
gatus ; nam ea plus quam servUls serumna est ; quae tamen ubique fere opificum
vita est exceptls Utopiensibus, qui cum in horas viginti-quatuor aequales diem
connumerata nocte dividant, sex duntaxat operi deputant, tres ante meridiem,
a quibus prandium ineunt, atque a prandio duas pomeridianas horas, quam
interquieverunt, tres delude rursus laborl datas ccena claudunt. Etenlm quod
sex duntaxat horas in opere sunt, fieri fortasse potest, ut inopiara allquam putes
necessariam rerum'sequi. Quod tam longe abest ut accidat, ut id temporis ad
omnium rerum coplam, quae quidem ad vitas vel necessitatem requirantur vel
commoditatem, non sufficiat modo sed superslt etiam. — Utop., vol. il. 68.
Q Q 2

596 REIGN OP HENRY VIIL
CHAP, both In prose and verse, a piece executed for him by this
XXXIIL . . . .
 ^ artist. It represented his two most Intimate friends, Erasmus
and Peter Giles, — the former In the act of commencing his
" Paraphrase on the Romans," and the other holding In his
hand a letter from More, addressed to him in a fac-simlle re
presentation of the hand-writing of his correspondent.*
His ora- It Is to be regretted that we have so few specimens of
°'^^' More's oratory ; but his powers as a debater called forth this
eulogium from Erasmus : — " His eloquent tongue so well
seconds his fertile Invention, that no one speaks better when
suddenly called forth. His attention never languishes, his
mind is always before his words ; his memory has all its stock
so turned into ready money, that without hesitation or delay
It supplies whatever the occasion may require." f
His wit and But by UO grave quality does he seem to have made such
an Impression on his contemporaries as he did by his powers
of wit and humour. I therefore Introduce a few of his pointed
sayings beyond those which have occurred In the narrative of
his life. He observed, that "to aim at honour In this world is to
set a coat of arms over a prison gate." " A covetous old man he
compared to a thief who steals when he is on his way to the
gallows." He enforced the giving of alms by remarking, that
" a prudent man, about to leave his native land for ever, would
send his substance to the far country to which he journeyeth."
Sir Thomas Manners, with whom he had been very familiar
when a boy, was created Earl of Rutland about the same time
that More was made Lord Chancellor, and, being much puffed
up by his elevation, treated with superciliousness his old
schoolfellow, who still remained a simple knight, but would
not allow himself to be insulted. " Honores mutant Mores,"
cried the upstart Earl. " The proper translation of which,"
* Philomorus, 48.
¦( Erasm. Epist. As they had been personally known to each other from the
time when More was an undergraduate at Oxford, there can be no truth in the
story that the two having met at the Lord Mayor's table, being strangers except
by reputation, and conversing in Latin, More having sharply combated some
latitudinarlan paradox sported by Erasmus, — the latter said, " Aut tu es
Morus aut Nullus," to which the answer was, " Aut tu es Erasmus aut
Diabolus." In 1523 Erasmus sent his portrait to More from Basle, and More in return
sent Erasmus the famous picture by Holbein of himself and his famUy, including
the Fool, which is stiU preserved in the town-hall at Basle.

LIFE OF SIR THOMAS MORE. 597
said the imperturbable ChanceUor, " is. Honours change CHAP.
*• XXXIII.
MANNERS. _ 
He did not even despise a practical joke. While he held Practical
his city office he used regularly to attend the Old Bailey Jo'^^-
Sessions, where there was a tiresome old Justice, " who was
wont to chide the poor men that had their purses cut for not
keeping them more warily, saying, that their negligence was
the cause that there were so many cut- purses brought thither.''
To stop his prosing. More at last went to a celebrated cut-
purse then in prison, who was to be tried next day, and pro
mised to stand his friend if he would cut this Justice's purse
while he sat on the bench trying him. The thief being ar
raigned at the sitting of the Court next morning, said he could
excuse himself sufficiently if he were but permitted to speak
in private to one of the bench. He was bid to choose whom
he would, and he chose that grave old Justice, who then had
his pouch at his girdle. The thief stepped up to him, and
whUe he rounded him In the ear, cunningly cut his purse, and,
taking his leave, solemnly went back to his place. From the
agreed signal. More knowing that the deed was done, proposed
a smaU subscription for a poor needy fellow who had been
acquitted, beginning by himself setting a liberal example.
The old Justice, after some hesitation, expressed his wilUng
ness to give a trifle, but finding his purse cut away, expressed
the greatest astonishment, as he said he was sure he had It
when he took seat In Court that morning. More replied, in
a pleasant manner, " What ! will you charge your brethren of
the bench with felony ? " The Justice becoming angry and
ashamed. Sir Thomas called the thief and desired him to deliver
up the purse, counselling the worthy Justice hereafter not to
be so bitter a censurer of Innocent men's negligence, since he
himself could not keep his purse safe when presiding as a
judge at the trial of cut-purses.*
* Sir John Sylvester, Recorder of London, was in my time robbed of his
watcl by a thief whom he tried at the Old Bailey. During the trial he happened
to say aloud that he had forgot to bring his watch with him. The thief being
acquitted for want of evidence, went with the Recorder's love to Lady Sylvester,
and requested that she would immediately send his watch to him by a constable
he had ordered to fetch it.
Soon after I was called to the Bar, and had published the first No, of
QQ 3

698

REIGN OP HENRY VIII.

CHAP.
XXXIIL

Sir Thomas
More com
pared to
his imme
diate suc-

I am, indeed, reluctant to take leave of Sir Thomas More,
not only from his agreeable qualities and extraordinary merit,
but from my abhorrence of the mean, sordid, unprincipled
Chancellors who succeeded him, and made the latter half of
the reign of Henry VIII. the most disgraceful period In
our annals.

my " Nisi Prius Reports," — while defending a prisoner in the Crown
Court, I had occasion to consult my client, and I went to the dock,
where I conversed with him for a minute or two. I got hira off, and he was
Immediately discharged. But my joy was soon disturbed ; putting my hand
into my pocket to pay the "Junior" of the circuit my quota for yesterday's
dinner, I found that my purse was gone containing several bank notes, the
currency of that day. The Incident causing much merriment, it was com
municated to Lord Chief Baron Macdonald, the presiding Judge, who said,
" What ! does Mr. Campbell think that no one Is entitled to take notes in
Court except himself? "

LIFE OP LORD CHANCELLOR AUDLEY. 599

CHAPTER XXXIV.

LIFE OF LOKD CHANCELLOK AUDLEY.

When Sir Thomas More resigned the Great Seal, It was CHAP.
XXX TV
delivered to Sir Thomas Audley, afterwards Lord Audley,  '

with the title, first of Lord Keeper, and then of Lord Chan- May 20.
cellor.* There was a striking contrast, in almost all respects, ^^^^¦
between these two individuals, — the successor of the man so 1533.
distinguished for genius, learning, patriotism, and integrity, ^"^ ^°"
having only common-place abilities, sufficient, with cunning ley, Lord
and shrewdness, to raise their possessor In the world, — hav- ' ^"P^'^-
Ing no acquired knowledge beyond what was professional and ter and"^'''
official, — having first recommended himself to promotion by conduct,
defending. In the House of Commons, the abuses of prero
gative, — and, for the sake of remaining In office, being ever
willing to submit to any degradation, and to participate In
the commission of any crime. He held the Great Seal for a
period of above twelve years, during which, to please the
humours of his capricious and tyrannical master, he sanc
tioned the divorce of three Queens, — the execution of two of
them on a scaffold, — the judicial murder of Sir Thomas More,
Bishop Fisher, and many others, who, animated by their
example, preferred death to Infamy, — the spoliation of the
Church and a division of the plunder among those who
planned the robbery, — and reckless changes of the established
religion, which left untouched all the errors of Popery, with
the absurdity of the King being constituted Pope, and which
Involved In a common massacre those who denied transub
stantlatlon and those who denied the King's spiritual supre
macy. Luckily for Audley, he has not much attracted the
notice of historians ; but there can be no doubt that he had a
considerable influence upon the events which disgraced the
latter half of this reign ; and we must now inquire into his
* Rot, Cl. 24. Hen. VIII. m. 24.
Q Q 4

600 reign of HENRY VIII.
CHAP, origin, and try to trace the steps by which he reached, and
XXXIV. ^j^g means by which he retained, his " bad eminence."
jjis birth. Thomas Audley was born in the year 1488, at the Hay
House, In the tenure of the Prior of Colne, In Essex.* His
family was ancient, though it seems not entitled to bear
arms. His ancestor, Ralph Audley, having been seated at
Earl's Colne In that county as early as the 28th of Henry VL,
afterwards became possessed of the Hay House, which his
descendants continued to inhabit, and which was demolished
only a few years ago. But It would appear that they were
only of the class of yeomen, and that the Chancellor was the
first of them who could boast of heraldic honours. f
Education, He had a slender patrimony, and he rose from his own
industry and selfish arts. Some accounts represent, that after
an indifferent school education he was sent to Magdalene
College, Cambridge, of which he afterwards became a bene
factor ; but the records, both of Oxford and Cambridge, have
in vain been searched for his name, and It Is doubtful whether
he ever had the advantage of being at a university. While
still a youth he was entered of the Inner Temple, where he
devoted himself very steadily to the study of the common
law, and he is said to have discharged the duties of " Autumn
Reader " to the society with some reputation. Being called
to the degree of outer barrister, he early rose Into consider
able practice from his skill in the technicaUties of his pro
fession, and his eager desire to please his clients. He was of
a comely and majestic presence ; and by his smooth man
ners and systematic anxiety to give offence to no one, he
acquired general popularity, although known to those who
had studied his character to be unprincipled, false, and
deceitful. * " A, D. 1516. Thomas Audley natus in Colne in Com, Essex. Burgeus,"
Oath Book of Corporation of Colchester.
f The original grant of Arms to Lord Audley, dated 18th March, 1538,
still preserved at Audley End, recites " that not being contynned in nobilite
berynge armes and descended of ancient stocke by his auncestors and prede
cessors by consanguinity and marriage, and he not willing to use or bere armes
that should redound unto damage or reprofe of any of the same name or con-
sanguinite, or of any other person, he desired the following coat to be assigned
to him, &c." The arms differ from those borne by famUles of the same name,
but the motto " Garde ia Foy," belonged to Touchct, Lord Audley.

LIFE OP LORD CHANCELLOR AUDLEY. 601
In the 12th year of the reign of Henry VIII. he was CHAP,
called to the degree of Serjeant-at-Law, and, flourishing in
Westminster Hall, he became eager for political advance- a,d, 1520.
ment. Parliament so seldom met during tins reign, that Member of
.., Ill . . f, . . ... House of
aspiring lawyers had but rare opportunities ot gaining dis- Commons.
tinction either as patriots or courtiers. But a parliament
being at last called in 1523, Audley contrived to get himself
returned a burgess to the House of Commons, In the hope of
now making his fortune. This was the parliament at which
Sir Thomas More was Speaker of the House of Commons,
and gained such distinction by preserving the privileges of
the House, and resisting the exorbitant subsidy demanded
by Wolsey. Audley strongly took the side of the Court,
defended all the Cardinal's proceedings, and bitterly inveighed
against all his opponents as disloyal subjects and favourers of
heresy. When the lamentation was uttered by Wolsey that
More was not at Rome instead of being made Speaker*,
regret was no doubt felt that Audley had not been placed in
the chair ; and a resolution was formed, that he should have
the Court influence In his favour on a future occasion. In
the meanwhile he was made Attorney to the Duchy of Lan
caster, and a King's Serjeant. f
In the succeeding interval of six years, during which no
parUament sat, he distinguished himself by abetting all the
illegal expedients resorted to for raising money on the people.
No Hampden arose to contest, in a Court of Justice, the
legaUty of the commissions Issued under the Great Seal, for
levying the sixth of every man's goods ; but they excited
such deep discontents, that a rebellion was apprehended, and
they were recalled. Against such an arbitrary Sovereign as
Henry, with such tools as Audley, the only remedy for public
wrongs was resistance.
On the question of the divorce, Audley was equally sub- Gains the
servient to the King's wishes; and he was so high in his King'^Hen-
fakVour, as not to be without hopes of the Great Seal on ryVili.
Wolsey's disgrace. But though no doubt was entertained of
his pUancy, his character for integrity was now very low ;
* See ante, p. 475. t Orig. Jur. 83.

602

REIGN OP HENRY VIII.

CHAP,
XXXIV,

Oct, 1529,
Is made
Chancellor
of the
Duchy of
Lancaster, Speaker of
the House
of Com-

Proceed.
ings of
Commons
on speech;
in Lords
by Bishop
of Roches
ter,

and fears being entertained that he would bring discredit
upon the government, the more prudent course was adopted
of preferring Sir Thomas More.
However, More being appointed to the Great Seal,
Audley was named his successor as ChanceUor of the Duchy
of Lancaster ; and, at the meeting of parliament. In the be
ginning of November, 1529, on the recommendation of the
Court, he was elected Speaker of the House of Commons.
Being presented at the bar of the House of Lords, he made
an eloquent oration, consisting of two points ; first, "that he
much praised the King for his equity and justice, mixed with
mercy and pity ; " secondly, " he endeavoured to disable him
self, for want of sense, learning, and discretion, for the taking
of so high an office, beseeching the King to cause his Com
mons to resort again to their House, and there to choose
another Speaker." To this the Chancellor, by the King's
command, replied with the usual courtesy, " that whereas he
sought to disable himself in sense and learning, his own
elaborate discourse there delivered testified to the contrary ;
and, touching his discredit and other qualities, the King him
self had well known him and his doings, since he was In his
service, to be both wise and discreet ; and so as an able man
he accepted him, and admitted him Speaker." *
The King's designs to break with Rome were strongly
supported by Audley, and were well received by the Com
mons ; but Fisher, Bishop of Rochester, made a strong speech
against them in the Lords, In which he said, that " our Holy
Mother, the Church, was about to be brought, like a bond
maid, into thraldom ; and that want of faith was the true
cause of the mischiefs Impending over the State." When
the Commons heard of this speech, they conceived great in
dignation against the Bishop ; and not suspecting that there
was any irregularity in noticing what was said in debate by a
member of the other House, they sent Audley, the Speaker,
attended by a deputation of their body, to complain of it to
the King, and to let his Majesty know "how grievously they

* 1 Pari. Hist. 492,

LIFE OF LORD CHANCELLOR AUDLEY. 603
thought themselves Injured thereby, for charging them with CHAP.
lack of faith as if they had been infidels or heretics." "*
The King was well pleased with this Interference, which
he had most likely prompted, and sent for the Bishop of
Rochester to rebuke him for the licence he had used to the
displeasure of the Commons. The courageous Prelate an
swered, " that haying seat and voice in parliament, he spake
his mind freely in defence of the Church, which he saw
daily injured and oppressed by the common people, whose
office it was not to judge of her manners, much less to reform
them." The King advised him " to use his words more
temperately." *
Audley had more difficulty, as Speaker, to restrain the
impetuosity of a party In the Commons, who, having Imbibed
the new doctrines, wished In earnest for a religious reform
ation. Trimming his own profession of faith by the personal
wishes of his master, he laboured to preserve things in their
present condition, with the exception of transferring the
power of the Pope to the King.
During the session of parliament which began In April, a.u. isss.
1533, there was displayed among the Commons a strong
sympathy with Queen Catherine, which the Speaker found It
very difficult to restrain within decent bounds. He was com
pelled to put the question " that an humble address should
be presented to the King, praying that his Majesty would
be graciously pleased to take back the Queen, and live with
her as his wife, according to the admonition of his Holiness
the Pope." We have no account of the debate, which, how
ever guardedly conducted, must have been most offensive to
the King. The moment he heard of it, in a rage he sent
for Audley, and said to him, " That he wondered any
amongst them should meddle in businesses which could not
properly be determined In their House, and with which they
had no concern." His Majesty then condescended to reason
the matter with the Speaker, who was to report to the
House " that he was only actuated by a regard for the good
of his soul ; that he wished the marriage with Catherine
• 1 Pari. Hist. 493.

604 REIGN OP HENRY VIII.
CHAP, were unobjectionable, but, unfortunately, the Doctors of the
XXXIV, Uniyersities having declared It contrary to the word of God,
he could do no less than abstain from her company; that
wantonness of appetite was not to be Imputed to him, for
being now In his forty-first year. It might justly be presumed
that such motions were not so strong In him as formerly*;
that, except In Spain and Portugal, no one was aUowed to
marry two sisters; but that for a brother to marry a bro
ther's wife was a thing so abhorred among all nations, that
he never heard that any Christian did so except himself;
whereat his conscience was sorely troubled." f
Audley succeeded In convincing the King that he was not
personally to blame In the stirring of the marriage question
in the House; and he executed the commission now in
trusted to him to his Majesty's entire satisfaction.
Rupture So much was Henry pleased with his dexterity in manag-
^^ ¦ ing the House on this occasion, that he was soon after sent
fof again to Whitehall, to consult about preparing the mem
bers for a final rupture with Rome ; and he was Instructed to
Inform the House that " his Majesty found that the clergy of
his realm were but half his subjects, or scarce so much ; every
Bishop or Abbot, at the entering into his dignity, taking an
oath to the Pope derogatory to that of fidelity to his Sove
reign, which contradiction he desired his parUament to con
sider and take away." The Speaker, at the next sitting of
the House, having delivered this message, directed the two
oaths to be read by the Clerk at the table, and pointed out
the manner in which they clashed so forcibly, that the Com
mons were ready to renounce the Pope's supremacy whenever
this step should be deemed expedient.
April, Audley was now such a decided favourite at Court that he
1532, * This is one among many proofs that occur, showing that formerly old age
was supposed to come on much sooner than at present ; but our ancestors began
life very early, — often marrying nominally when Infants, and actually at four
teen, — and subjecting themselves to very little restraint of any kind. — It seems
to have been the same in the time of the Romans. Thus we find Horace
saying —  " Fuge suspicarl,
Cujus octavum trepldavit astas
Claudere lustrum,"
t 1 Pari. Hist. 518.

LIFE OP LORD CHANCELLOR AUDLEY. 605
was destined to be the successor of Sir Thomas More, when chap.
the contemplated measures for the King's new marriage and  '

separation from Rome determined that virtuous man to resign Dudley
the Great Seal. However, a difficulty arose from the dis- remains
advantage it would occasion to the King's service if he were the Ho

louse

Immediately removed from the House of Commons, where "fCom-

mons W

hlle

his Influence and dexterity had been found so useful. The Lord
opinion then was, that if he were made Lord Chancellor, he ^^P^"^-
must Immediately vacate his seat In the House of Commons,
and take his place on the woolsack as President of the House
of Lords; but that merely as Lord Keeper of the Great
Seal he might continue a member of the House of Commons,
as If he were Chancellor of the Exchequer, or were ap
pointed to any other judicial office usuaUy held by a com
moner. Accordingly Sir Thomas More, having surrendered the
office of ChanceUor on the 16th of May, 1532, and the Seal
having remained four days In the King's hands,, enclosed in a
bag under the private seal of the late Chancellor, on the 20th
of May bis Majesty opened the bag and took out the Seal,
and after inspecting it, delivered it, with the title of Lord
Keeper, to Audley on whom he then conferred the honour
of knighthood.*
On Friday, the 5th of June, being the first day of Trinity installation
Term, after a grand procession to Westminster Hall, he was ^ ^""^
sworn in and Installed In the Court of Chancery, — the Duke
* The entry on the Close Roll, after a very circumstantial account of the prior
proceedings, thus goes on : — " Et post inspecconem illam idem sigillum dllco
sibi Thome Audley tradldit et deliberavit cui tunc custodiam del. sigilli sui
comisit Ipsmque Thomam Dmm Custodem Magni Sigilli Regii vocari nun-
cupari et appellari ac omnia et singula facre et exercere tam in Cur. Cancellar.
del. Dni. Regis qm. in Cama Stellata et Consilio ejusdem Dni. Regis prout
Cancellarius Angl. facre et exre solebat, declaravit et expresse mandavlt." After
stating that he sealed certain letters patent, the entry records that he restored
the Gre.-it Seal to its bag under his own private seal, " sicque Sigillum lUud in
custodia ipsius Thome (quem idem Dns. Rex ordine militari tunc insignavit ' )
auctoritate regia prdca. remanslt et remanet. " — Rot. Claus. 24 H. 8. m. 24.
in dorso.

' This distinction must then have been in high repute, as it was not conferred
on Audley when made Chancellor of the Duchy or Speaker of the House of
Commons, and not till the Great Seal was delivered to hira. He was not raised
to the peerage till six years after.

606

REIGN OP HENRY VIII.

CHAP.
XXXIV.

of Norfolk, who seems always to have acted as master of the
ceremonies on such occasions, delivering an oration, In which,
after a becoming compliment to the late Chancellor, he
highly lauded the abilities and good qualities of the new
Lord Keeper. There is no trace to be found of the reply,
but we need not doubt that it turned upon the conscientious
feelings, humanity, and love of true religion which ever
dwelt in the royal bosom.
Audley Qu the 6th of September following, on account of a change
Chancellor. In the King's style, the old Great Seal was broken, and a
new one delivered to Audley, still with the title of Lord
Keeper.* But on the 26th of January, 1533, "about the
hour of two In the afternoon. In a chamber near the chapel
in the King's manor of East Greenwich, In the presence of
the Duke of Norfolk, the Archbishop of Canterbury, the
Earl of Wiltshire, the Bishop of Winchester, and other
Councillors, the King, having ordered the Great Seal to be
taken from the bag in which it was Inclosed, received it Into
his hands, and having retained It for the space of a quarter
of an hour, divers weighty reasons moving his Majesty
thereto, as he then openly declared, he being well pleased
with the faithful services of Sir Thomas Audley as Keeper
of the Great Seal, then and there constituted him his Chan
cellor of England." j
Sir Humphrey Wingfield was chosen Speaker of the
House of Commons in his place ; and henceforth, till his
death In 1544, the Chancellor prompted and presided over
the iniquitous measures brought forward In the Upper House,

'* The Close Roll fives a very minute description of the figures on the new
Great Seal, " vldelt. Dnm. Regem in Majestate sua sedentem et sceptrum in
una manu et in altera manu signum Crucis portantem necnon ex utroque latere
prefati Dni. Regis ejusdem partis sigilli intersignia Anglic cum titulo ordinis
garterii circa eadem insignia et coronam imperlalem supra eadem Intersignia
stantem ac ex altera parte ejusdem sigilli Dm. Regem armatum manu sua
dextera gladiura tenentem sedentemque super equum similiter armatum et in
scuto suo intersignia Anglias ferentem ac quandam rosam' in dextro latere
insculptam ; necnon sub pedibus regiis canem currentem."
f " Sicque sigillum predm. in custodia prefati Thome nunc Cancellarii Anglie
remanslt et remanet."

' It would be curious to know whether the rose was gules or argent. If the
King regarded his title by descent, he must have preferred the white rose.

LIPE OP LORD CHANCELLOR AUDLEY. 607
and was the chief agent In the homicides committed by the chap.
instrumentality of legal process.  '
In the proceedings of parliament, and in contemporary j.j;g ^^^_
writers, I do not discover any censure of him as an Equity duct as a
Judge. The probabiUty is, that, being regularly trained to ° "
the profession of the law, he did his duty efficiently ; and
that where the Crown was not concerned, and he had no
corrupt bias to mislead him, he decided fairly. As a poll- As a poli
tician, he is bitterly condemned by all who mention his ti<='a"-
name. At the conclusion of the session In which the act was Commis-
passed for recognising the King's marriage with Anne *'°"?''^ \°
^ &^ » o & ^ administer
Boleyn, and settling the succession to the Crown on their oath under
issue * , — the King being seated on the throne, Audley getTlemlnt.
delivered a warm panegyric upon It, saying that " upon the
due observance of It the good and happiness of the kingdom
chiefly depended." He then intimated that the King, by
letters patent, had appointed the Lord Chancellor, the Arch
bishop of Canterbury, the Duke of Norfolk, and the Duke
of Suffolk, Commissioners to swear the Lords and Commons,
and all others at their discretion, to observe the act. They
immediately. In the King's presence, took the oath them
selves, and administered it to the members of both Houses,
introducing into it words respecting the original nullity of
the King's first marriage and the King's supremacy which the
statute did not justify.
We have already seen the part taken by Lord Chancellor Act to
Audley, along with the Archbishop of Canterbury and the " -^ ^
Duke of Norfolk, in trying to force the oath upon Sir King's su-
Thomas More, and committing him close prisoner to the high trea-
Tower of London for refusing to take It : — the acts which son.
he procured to be passed for the perpetual imprisonment
of More and Fisher, and for making the denial of the King's
supremacy high treason ; — and his various attempts, by going
personally to the Tower, to entrap More into such a denial
of the King's supremacy as might be made the pretence for
putting him to death as a traitor.]*
* 25 Hen. 8. c. 22. t Ante, p. 572, et seg.

608

REIGN OP HENRY VIII.

CHAP.
XXXIV,
Presides at
trial of
BishopFisher,

Evidence
of Solicitor
General
Rich,

Audley now Issued, under the Great Seal, a special com
mission for the trial of Fisher and More, — placing himself at
the head of it. As less skUl was apprehended from the aged
prelate in defending himself, and there was some colour of a
case against him from the infamous arts of Rich, the Solicitor
General, the wary ChanceUor judged it most expedient to
begin with him, although the conviction of the Ex-chanceUor
was deemed an object of stlU greater Importance. Accord
ingly, on the I7th of June, Audley, with the other Commis
sioners, being seated in the Court of King's Bench In West-
hilnster Hall, Fisher, from age and weakness hardly able
to support himself, was placed at the bar, charged with
having traitorously attempted to deprive the King of his
title, by maliciously speaking these words : " The Kyng our
Soveraign Lord is not supreme Hedd yn Erthe of the Churche
of Englande." *
The only witness for the Crown was Rich, the Solicitor
General, who, although he was supposed not to have ex
ceeded the truth in stating what had passed between him and
the prisoner, covered himself with almost equal infamy as
when he was driven to commit perjury on the trial of More.
He had the baseness voluntarily to swear, that. In a private
conversation he had held with the Bishop when he paid him
a friendly visit in the Tower, he heard the Bishop declare
" that he believed In his conscience, and by his learning he
assuredly knew, that the King neither was nor by right could
be supreme Head In Earth of the Church of England."
Fisher, without the assistance of counsel, which could not
be permitted against' the Crown, objected to Audley and the
other Judges that this declaration ought not to be received
In evidence, or be considered as supporting the charge In
the Indictment, considering the circumstances under which It
was elicited from him. " Mr. Rich," said he, " I cannot but
marvel to hear you come and bear witness against me of these
words. This man, my Lords, came to me from the King, as
he said, on a secret message, with commendations from his
Grace declaring what good opinion his Majesty had of me.

=* 26 H. 8. «. 1. IS.

LIFE OF LORD CHANCELLOR AUDLEY. 609
and how sorry he was of my trouble, and many more words CHAP,
not now fit to be recited, as I was not only ashamed to hear
them, but also knew right well that I could no way deserve
them. At last he broke to me the matter of the King's su
premacy, telling me that the King, for better satisfaction of
his own conscience, had sent him unto me In this secret
manner to know my full opinion In the matter for the great
affiance he had In me more than any other. When I had
heard tliis message, I put him in mind of the new act of
parliament, which standing in force as It does, might thereby
endanger me very much in case I should utter any thing
against its provisions. To that he made answer, * that the
King willed him to assure me, upon his honour, and on the
word of a King, that whatsoever I should say unto him by
this his secret messenger, I should abide no peril for it,
although my words were ever so directly against the statute,
seeing it was only a declaration of my mind secretly as to his
own .person.' And the messenger gave me his solemn prOr
mise that he never would mention my words to living soul,
save the King alone. Now, therefore, my Lords, seeing it
pleased the King's majesty to send to me thus secretly to
know my poor advice and opinion, which I most gladly was
and ever will be ready to offer to him when so commanded,
methlnks it very hard to allow the same as sufficient testimony
against me to prove me guUty of high treason."
Rich did not contradict this statement, observing only. Solicitor
that " he said no more to him than his Majesty commanded," Rich's
and then, as counsel for the Crown, argued, that assuming the oommen-
statement to be true. It was no discharge ' In law against his counsel on
Maiesty for a direct violation of the statute. his own
•>^ J 111. evidence as
Audley ruled, and the other Judges concurred, " that this witness.
message or promise from the King neither did nor could, by
rigour of law, discharge him, but in so declaring his mind and
conscience against the supremacy, yea, though It were at the
King's own request or commandment, he committed treason
by the statute, and nothing could save him from death but
the King's pardon."
Fisher still argued, that as the statute only made it treason
maliciously to deny the King's supremacy, he could not be
VOL. I. R R

610 REIGN OF HENRY VIII.
CHAP. guUty by merely expressing an opinion to the King himself
¦ by his own order; — to which Audley answered, that malice
did not mean spite or lU-wIU in the vulgar sense, but was an
inference of law ; for if a man speak against the King's supre
macy by any manner of means, that speaking Is to be under
stood and taken in law as malicious.
The right reverend prisoner then took an objection, which
seems to have rather puzzled the Court, — that here there was
but one witness, which in treason is Insufficient.
Scandalous Audlcy and the Judges, after some hesitation, answered,
the Lord" *^^* ^® *^^® ^^^ * ^*®® ™ whlch the King was personally con-
Chancellor cerned, the rule requiring two witnesses did not apply ; that
u ges. ^j^^ j^^y. .^^Qyj^ consider the evidence, the truth of which was
not disputed, and as they beUeved or disbelieved it the pri
soner should be acquitted or condemned. " The case was so
aggravated to the jury, by my Lord ChanceUor making It so
heinous and dangerous a treason, that they easily perceived
what verdict they must return ; otherwise heap such danger
on their own heads as none of them were willing to undergo."
Yet many of his hearers, and some of his judges, were melted
to tears, to see such a venerable father of the church in dan
ger of being sentenced to a cruel death upon such evidence
given, contrary to aU faith, and the promise of the King
himself"
Lord The jury having withdrawn for a short time, brought in a
pronounces verdlct oi guilty. The Bishop prayed to God to forgive them ;
sentence of jjut the Lord Chancellor, " framing himself to a solemnity of
death on /. i , , . . ,
Bishop countenance, passed sentence of death upon him m the re-
Pish.

er.

voltlng terms used on such occasions; ordering that his head
and four quarters should be set up where the King should
appoint, and piously concluding with a prayer, that God
might have mercy on his soul. This wicked Judge had not
the apology of having any taste for blood himself, and he
would probably have been much better pleased to have sus
tained the objections, and directed an acquittal : he was
merely a tool of the tyrant, who, hearing that Pope Paul III.
had sent Fisher a Cardinal's hat, exclaimed, " I will take care
that he has not a head to put It upon."
More. Audley's demeanour on the trial of Sir Thomas More,

Trial of
Sir Thomas

LIFE OF LORD CHANCELLOR AUDLEY. 611
which took place a fortnight afterwards, we have already com- CHAP.
, T Jl XXa.1V.
memorated.*

The merit has been ascribed to him of favouring the
Reformation ; but, in reaUty, he had no opinions of his own,
and he was now acting merely as an instrument in the hands
of the most remarkable adventurer to be met with in EngUsh
history ; whose rise more resembles that of a slave, at once
constituted Grand Vizier in an Eastern despotism, than of a
minister of state promoted in a constitutional government, —
where law, usage, and public opinion, check the capricious
humours of the sovereign.
Thomas Cromwell, the son of a fuller f, having had a very 5-'^^ °^
slender education, — after serving as a trooper in foreign CromweU.
armies, and a clerk in a merchant's counting-house at Ant
werp, had picked up a little knowledge of the law in an
attorney's office In London, — had been taken into the service
of Cardinal Wolsey as a steward, — had obtained a seat in par-
liament, — had acquired a great ascendancy In the House of
Commons by his energy and volubility, — had Insinuated him
self into the favour aud confidence of Henry VIII. by his
pliancy and dexterity In business ; — and having been suc
cessively made Clerk of the Hanaper in the Court of Chancery,
Master of the Jewel House, Chancellor of the Exchequer, a
Knight and a Privy CouncUlor, was now Lord Chamberlain,
Chief Justice In Eyre beyond Trent, Lord Privy Seal, Baron
Cromwell of Okeham, in the county of Rutland^ Vicar
General and Vicegerent of the King as Head of the Church,
with precedence In parliament above all temporal and spiritual
Peers, and with absolute power in all the cIvU affairs of the
realm. To such subordination was the office of Lord Chan
ceUor reduced, that Audley, unless by some extraordinary
ebuUition of baseness, seems to have attracted little notice
from his contemporaries ; and his name is hardly mentioned
by the general historian. Yet In the detaU and execution of
the.measures which were brought forward by the Vicar-
General, the Lord Chancellor took a very active and im-
• Ante, p. 583.
t He is often called the son of a blacksmith, but whoever has curiosity to
investigate the point, will clearly see that his father was a fuller, A true life of
Thomas CromweU might be made as interesting as a fairy tale.
H R 2

612

REIGN OF HENRY VIII.

CHAP.
XXXIV.

Henry
VIIL In
love with
Jane Sey
mour.

portant part. He framed the bUls for completing the
separation from Rome, and punishing those who went farther
than the King, and favoured the doctrines of Lnther. He
was very efficient in the suppression of the monasteries, his
zeal being Influenced by the hope of sharing In the plunder.
He recommended the commissions, under the Great Seal, for
inquiring into the immoralities and abuses alleged to exist in
those institutions ; and he approved of the plan of first grant
ing to the King the revenues of all under 200Z. a year, and
then of all above that amount. There was never any diffi
culty in carrying such bills through parliament. Ministers,
in those days. Instead of triumphing in a good working
majority, could command an absolute unanimity In both
Houses. It Is a curious fact, that against bills respecting
religion, which must have been most highly distasteful to the
great body of the prelates, and to many lay peers, — after the
execution of Fisher there was not a dissentient voice, or the
slightest audible murmur of opposition.*
Audley had his difficulties, but they arose from the King's
conjugal Inconstancy. He thought that after witnessing the
dissolution of the King's first marriage by the sentence of
Archbishop Cranmer, and his union with her to whom, in
spite of all obstacles, he had been for six years a devoted
lover, and an act of parliament setting aside the Princess
Mary and settling the succession on the Infant Princess
Elizabeth, — ¦ holding the Great Seal, he was to enjoy peace
and freedom from care for the rest of his days, with nothing
to think of but his own aggrandisement.
Henry, however, had seen Jane Seymour, one of Anne's
maids, more beautiful and attractive than herself, and had

* Some of these bills passed both Houses after being read only once In each
House, There was then no certain number of times necessary for a bUl to be
read according to parliamentary usage before passing ; a bill was sometimes
read four, five, six, seven, and even eight times, before it passed or was rejected.
Journ., vol, i, 26, 49. 52, 55, 56, But the marvel is that such bills as those
for the dissolution of the monasteries and the transfer of the Pope's supremacy
to the King passed the House of Lords at all, considering that from the reign
of Edward II. till 1539, the spiritual Peers were much more numerous than the
temporal. Then twenty-six mitred abbots and two priors being disfranchised,
there were forty-one temporal to twenty spiritual peers. But Bishop Fisher's
fate had such an efifect on the nerves of the prelates, that they oflFered no oppo
sition to the bUls which they abhorred.

LIPE OP LORD CHANCELLOR AUDLEY.

613

resolved that there should be a vacancy in the office of Queen, CHAP.
that his new favourite might be advanced to It.  '
Audley conformed without hesitation to the royal will, and Dudley as-
took a leading part in the proceedings against the unfor- sists in the
tunate Anne, from the first surmise against her at Court till of Anne'"
she was beheaded on Tower HIU. He formed one of the ^o^eyn.
Committee of Council to whom the " deUcate Investigation "
was intrusted, and he joined in the report, founded on the
mere gossip of the Court, or the representations of suborned
witnesses, " that sufficient proof had been discovered to con
vict her of incontinence, not only with Brereton, Norris, and
Weston of the Privy Chamber, and Smeaton the King's
musician, but even with Lord Rochford, her own brother."
After secretly examining and committing to prison some of
the supposed paramours, Audley planned the arrest of the
Queen herself at the tUtIng match at Greenwich, and next
day In his proper person, went down the river, that he might
accompany her to the Tower, and try to extract something
from her which might be perverted into evidence of her guilt.
Having met the barge In which she was coming up as a pri
soner, he Informed her that she had been charged with Infi
delity to the King's bed, and intimated to her that it would
be better for her to confess ; but, falling on her knees, she
prayed aloud, that, "if she were guUty, God might never
grant her pardon ; " and no advantage being then obtained
over her, she was given In ward to Kingston, the Lieutenant
of the Tower.
Having been active as her prosecutor, Audley sat as her Audley sits
Judge. The trial was nominally before the Court of the "" ^nne™^
Lord High Steward, — the Duke of Norfolk, her uncle, Boleyn,
being appointed Lord High Steward, as Audley was not yet
raised to the peerage ; but he sat as assessor at the Duke's
right hand during the trial, and directed all the proceedings.*
The only symptom of humanity exhibited was In reluctantly
granting the indulgence of a chair to the Queen's dignity or
weakness. Unassisted by counsel, she repeUed each charge
* In all accounts of the trial, he Is represented as one of the Queen's Judges,
along with the twenty-six peers who constituted the Lord High Steward's Court ;
but being only a commoner, it is impossible that he should have voted.
a H 3

614

REIGN OF HENRY VIII.

CHAP.
XXXIV.

Marriage
of King
with Anne
Boleyndeclared
void from
the begin
ning.

King's
marriagewith Jane
Seymour.

with SO much modesty, temper, and natural good sense, that
before an impartial tribunal she must haye been acquitted ;
for though she had undoubtedly fallen into some unjustifiable
levities, the proof to support the main charge, consisting of
' hearsay and forced confessions by accomplices not produced,
were such as In our days could not be submitted to a jury.
Yet, under the direction of Audley, she was unanimously
found guUty by the Peers " upon their honour ; " and the
iron Duke of Norfolk, with tears in his eyes, condemned her
to be " burnt or beheaded at the King's pleasure." *
The next proceeding is, if possible, still more discreditable
to Audley and the other instruments of Henry's vengeance.
Not satisfied with knowing that she whom he had so pas
sionately loved was doomed in her youth to suffer a violent
and cruel death, he resolved before her execution to have a
sentence pronounced dissolving his marriage with her, and
finding that it had been null and void from the beginning, —
not seeing. In the blindness of his rage, that in this case she
could not have been guilty of adultery or treason. Never
theless, In a divorce suit which lasted only a few hours, which
Audley sanctioned, and In which Cranmer personally pro
nounced the sentence, — some say on the ground of a pre
contract with the Earl of Northumberland, which he on
his oath denied, — some on the ground that Henry had co
habited with Mary Boleyn, the sister of Anne, — that marriage
was declared null and void, which Cranmer himself had so
lemnised, and which had been declared valid by an act of
parliament then remaining on the Statute Book. It is well
that Henry did not direct that Audley should officiate as
executioner, with Cranmer as his assistant ; for they pro
bably would have obeyed sooner than have given up the seals
or the primacy.
The day after the execution the King was married to Jane
Seymour, and for a short time his happiness was without
aUoy ; but he was reminded that by statute the Crown was
stUl settled on the Issue of his last marriage, whom he had
resolved to bastardise; and he called a new parUament to

* 1 St. Tr. 409.

LIPE OP LORD CHANCELLOR AUDLEY. 615
meet at Westminster on the 8th of June, 1537, for the pur- chap.
pose of registering the edicts which the altered state of affairs ^^^l^-
rendered necessary.
On the day appointed, the King being seated on the a.d. 1537.
throne, and the Commons being in attendance. Lord Chan- ^^g^^g,
cellor Audley delivered a very singular harangue, of which lor's speech
the foUowing Is said to be a correct outUne : — " First he told Houses.""
them, that at the dissolution of the last Parliament it did not
enter into the King's mind that he should so soon have oc
casion to call another ; but that for two especial causes, very
necessary, both for easing the King's scruples and conducive
to the good of the whole kingdom, he had issued a fresh sum
mons for calling this Parliament. The one was concerning
the heirs and successors of the King's Majesty, who, knowing
himself obnoxious to Infirmities, and even death Itself (a
thing very rare for kings to think of*), and, besides, con
sidering the state of the whole kingdom, depending, as It
were, upon his single life ; but wilUng, above all things, to
have it free from all dangers to posterity, he had called this par
liament to appoint an heir-apparent to the Crown, who, when
the present King had resigned to fate, without children lawfully
begotten, might, by their own consent, happily reign over them.
- — The second cause for which the present parliament was sum
moned was for repealing a certain act made In the last, by the
tenour and force of which this whole realm is bound to be obe
dient to the Lady Anne Boleyn, the King's late wife, and her
heirs between them lawfully begotten. Also, by the force of
the said act,, whoever should say or do any ill against her or
her Issue should be condemned for high treason  But now,
he said, that they might more rightly understand the reasons
of this summons, his counsel was according to these three
proverbs of Solomon (to whom our most excellent Prince
here may be most justly and worthily compared), ' Operabimini
quibus admonemur : 1. prseterita in memoria habere ; 2.
pi^sentla intuerl ; et, 3. obventura providere.' And as to the
first, they very well remembered what great anxieties and
* This reminds us of the dialogue between the Dauphin and his tutor, when
to the question, " Les rois meurent-Us ? " the answer was, " Quelquefols,
monseigneur." R R 4

616 REIGN OF HENRY VIII.
CHAP, perturbations of mind their most Invincible Sovereign suf-
^^•^^^' fered on account of his first unlawful marriage, which was
not only judged so In aU the Universities In Christendom, but
declared unlawful by the general consent of this kingdom in
a late act of parliament. So also ought they to bear in
mind the great perils and dangers their Prince was under
when he contracted his second marriage. In regard to the
second of Solomon's proverbs, by considering In what a
situation this realm is in by reason of the oath then made
and taken for the support of the said Anne and her Issue.
Which said Lady Anne and her accomplices had been since
justly found guilty of high treason, and had received their due
reward for It. What man of middle condition would not this
deter from marrying a third time ? When he remembers
that the first was a vast expense and great trouble of mind to
him, and the second ran him Into great and imminent dan
gers, which hung over him during the whole time of it, — :
yet this our most excellent Prince, on the humble petition of
the nobility, and not out of any carnal lust or affection, again
condescends to contract matrimony, and hath at this time
taken unto himself another wife, whose age and fine form
denotes her most fit and likely to bring forth children. And
therefore, according to the third proverb of Solomon, obven
tura provideamus, we are now met by the King's command,
with unanimous consent, to appoint an heir-apparent to the
Crown, that if this our Prince (which God avert) should
leave this mortal life without children lawfully begotten, the
heir so appointed may lawfully rule and govern this kingdom
after him. Lastly, let us humbly pray to God that he would
bless this our most exceUent Prince with some offspring ; at
the same time giving him thanks that he has hitherto preserved
him from so many and such Imminent dangers. Because, It is
his whole study and endeavour to rule us all In perfect peace
and charity during his life, and to transmit the same happi-r
ness to posterity."
The Commons were then ordered to withdraw and choose
a Speaker. As a reward for the services of Richard Rich, the
Solicitor General, as counsel, and stUl more as witness at the

LIFE OP LORD CHANCELLOR AUDLEY.

617

late state trials, he was recommended by the Government to CHAP.
XXXI V
fill the chair, and as a matter of course was elected. '
When presented at the bar on a subsequent day, he was Speaker
determined to eclipse the Chancellor in his adulation of the ?":'' °"*'
King, and to show himself worthy to succeed to the Seals Chancellor,
on the first fitting opportunity. After repeating the heads
of the Chancellor's discourse, explaining the reasons for
calUng the parUament, and extolling his Majesty's con
sideration for the good of his people, "he took occasion to
praise the King for his wonderful gifts of grace and nature,
and compared him for justice and prudence to Solomon, for
strength and fortitude to Samson, and for beauty and come
liness to Absalom." He concluded by observing that the
Commons, having chosen him, the most unworthy of them all,
for Speaker, he besought his Majesty that he would com
mand them to withdraw again and elect another, for he had
neither learning, experience, nor boldness fit for that office.
To this. Lord Chancellor Audley, by the King's command,
replied, "that his Majesty had well heard his speech, and
was glad to understand by the first part of it, that the
members of the House of Commons had been so attentive to
the Chancellor's declaration. That as to the praises and
virtues ascribed to himself, his Majesty thought proper to
disavow them, since. If he really had such virtues, they were
the gifts of Almighty God." * Lastly, added he, " as to your
excuses, Richard, which the King hath heard, that you have
neither learning, experience, nor boldness fit for such an
office, his Majesty hath commanded me to reply, that if he
did not know that you had all these qualifications, he would
not, amongst so many urgent matters as are now depending,
admit you Into the office, and therefore he does not look upon
your excuses as just."
Audley immediately prepared a bill which rapidly passed a.d. 1537.
both Houses, the most arbitrary and unconstitutional that Klnf"'"^
had ever yet been put upon the rolls of parUament. By this, Pp^er to
the sentence of divorce nullifying the King's marriage with crown, &c.
* This is a plain admission on the part of his Majesty, that by the gift of
God he had the wisdom of Solomon, the strength of Samson, and the beauty of
Absalom.

618

REIGN OP HENRY VIIL

CHAP.
XXXIV.

18th July.
Fresh con
test be
tween Rich and
Audley in
flatteringthe King.

Oct. 12.
1537.

Chancellor
created a
Peer.
Presides at
trial of
Marquess
of Exeter
and Lord
Montague,

Anne Boleyn ab initio was confirmed, and she, and all her
accompUces, were attainted ; — the children of both marriages
were declared Illegitimate, and it was even made treason to
assert the legitimacy of either of them ; — to throw any slander
on the King, Queen Jane, or their Issue, was subjected to the
same penalty ; — the Crown was settled on the King's issue
by his present or any subsequent wife, — in case he should
die without legitimate children he was empowered by his will or
letters patent to dispose of the Crown ; — whoever being re
quired should refuse to answer upon oath to a belief of every
article of this act, was declared to be guilty of treason, so as
to establish a political inquisition into conscience ; — and the
King was empowered, by will or letters patent, to create new
princIpaUties, and thereby to dismember the kingdom.*
At the close of the session there was another contest be
tween the Chancellor and the Speaker in praising the King
In his presence. Rich making Audley rather uncomfortable
by comparing his Majesty to the Sun, " who exhales all the
noxious vapours which would otherwise be hurtful to us, and
cherishes and brings forth those seeds, plants, and fruits, so
necessary for the support of human life." f
Henry was soon after thrown into ecstasy by the birth of
a son, in the midst of which he felt not very severely the loss
of his Queen, Jane Seymour, who, although married to him,
had the felicity to die without violence or disgrace. Audley
was much disappointed at not being included In the batch of
Peers made a few days after on the creation of the infant
Prince of Wales; but in the following year his ambition
was gratified by becoming Baron Audley, of Walden, in the
county of Essex.
This honour was conferred upon him that he might preside
as Lord High Steward at the trial of Courtenay Marquess
of Exeter, and de la Pole Lord Montague, who were par
ticularly obnoxious to Henry as his cousins, and whom he
wished to have condemned for high treason on a charge of
being In correspondence with another cousin of his. Cardinal
Pole, now considered by him his capital enemy. Courtenay

Slat. 28 Hen. 8. c. 7,

t 1 Pari, Hist. 534.

LIFE OP LORD CHANCELLOR AUDLEY. 619
was grandson to Edward IV., by his daughter Catherine, and CHAP.
the Poles were grandsons of the Duke of Clarence, the brother
of Edward, by his daughter the Countess of Salisbury. For
this reason both families were regarded with peculiar affec
tion by the adherents of the house of York, and extreme
¦jealousy by the reigning Sovereign. Baron Audley, of Dec. 31.
Walden, presiding as High Steward, the Marquess and Lord ^^^®-
Montague were arraigned before their Peers on an Indictment
for high treason. The overt act was, that the former had been
heard to say, and the latter abetted him In saying, " I like well
of the proceedings of Cardinal Pole : I like not the proceed
ings of this realm. I trust to see a change in the world. I
trust once to have a fair day on the knaves which rule about
the King. I trust to give them a buffet one day." The natural
construction of such language is, that they did not approve of
the policy of the government, and that by an active oppo
sition they hoped to bring about a change of ministers ; but
the Lord High Steward held that It showed a conspiracy to
use physical force to bring about a revolution and to dethrone
the King. Both were found guilty, condemned to suffer
death as traitors, and executed accordingly. *
Lord Audley was very desirous of having for his services The Lord
a reward from the plunder of the monasteries, and wrote fif^f^""'
many letters upon the subject to Cromwell who had the dis- recompence
tributlon of it. The reader may be amused with a specimen faJnyhe'had
of his epistolary style : My Lord ChanceUor had been fa- incurred.
voured with a sight of the young Prince Edward, then a
baby of a few months old, sent to Havering in Essex for
change of air ; and in the hope that his begging letter might
be shown to the King, he thus iaddresses the Vicar-General :
— " After my right harty comendations to your good Lord
ship, with my most harty thankes for your last gentill letters,
I am required by the Erie of Oxford and Master Chauncelour,
to desire your good Lordshipp, in aU our names, to make our
moost humble recommendations to the kynges mageste, and
to render oner most harty thankes to his Highness for our
llcens to visite and see my lord prynces grace, whom, ac-
* 1 St. Tr, 479.

620 REIGN OP HENRY VIII.
CHAP, cordyng to our desires and duteez, we have seen to our most
 ¦ rejoise and comfort, next the kynges mageste. And I assure
your Lordshipp I never saw so goodly a chllde of his age, so
mery, so plesaunt, so good and lovyng countenaces, and so
ernest an eye, as it were a sage juggement towardes every
person that repayreth to his grace ; and as it semyth to me,-
thankes be to our Lord, his grace encresith weU In the ayer
that he ys In. And albeyt a Utell his graces flesche decayeth,
yet he shotyth owt In length, and wexlth ferme and stiff, and
can stedfastly stond, and wold avaunce hymself to move and
go if they would suffir hym ; but as me semyth they do yet
best, consideryng his grace Is yet tendir, that he should not
streyn hymself as his owen corage wold serve hym, till he cum
above a yere of age. I can not comprehend nor describe the
goodly towardly quallteez that ys in my Lord princes grace.
He ys sent of almyty Good for all our comfortes. My dayly
and contynual prayer ys and shalbe for his good and pros-
perus preservation, and to make his grace an olde prince,
besechyng your good lordeshipp to render to the kynges
mageste thankes in al our names, as ys above sayd." He
then proceeds to the real object of his letter, to obtain a grant
of two abbeys In Essex, — St. John's and St. Osyes'. De
preciating them much, as " St. Johns lakkyth water, and St.
Osyes stondyth in the mersches;" he offers to give 1000/.
a piece for them. In a " Postscripta " he adds, that to recruit
from the labours of the Court of Chancery, he was then going
on a sporting party, " to mete the Duke of Norfolk, at Fra-
myngham, to kyll sum of his bukkes there."*
But the grand object of his ambition was to get the site
and lands of the dissolved abbey at Walden, In Essex. For
this purpose he writes to CromweU with much earnestness,
and it must be owned with much candour and simplicity,
showing, that some extraordinary recompence was due to him
for having sacrificed even his character and conscience in the
King's service. "I beseche your good Lordshipp, be my
good Lord In this my sute, yf It shaU plese the Kynge's
Mageste to be so good and graclus lord to me, it shall sett
* Letters on Suppression of Monasteries, by Camden Society, p. 245,

LIFE OP LORD CHANCELLOR AUDLEY. 621
»
forth as moche my poor estymacion as the valu of the thynge. CHAP.
In the besy world I susteyned damage and injury, and this ^¦^^^^•
shall restore me to honeste and comodyte."* Afterwards he
urges his claim on this ground with still more force and
naivete. " I have in this world susteyned greate damage and
infamie in serving the Kynge's Highness, which this grant
shal recompens''^
This appeal was felt to be so well founded, that In con- Grant in
sideration of the bad law laid down by him on the trials of "°"^^"
• '' quence.
Fisher, More, Anne Boleyn, Courtenay, and de la Pole, and
of the measures he had carried through parliament to exalt
the royal prerogative and to destroy the constitution, and of
the execration heaped upon him by the whole English nation
¦ — as well as by way of retaining fee for future services of
the like nature, and recompence for farther infamy, — he re
ceived a warrant to put the Great Seal to the desired grant.
But Henry, never contented with showering favours on
those who pleased him, till, changing his humour, he doomed
them to destruction, Ukewise bestowed upon him the site
and precinct of the Priory of the Canons of the Holy Trinity
of Christ Church, Aldgate, In the city of London, where the
Chancellor erected for himself a commodious town mansion,
with gardens and pleasure-grounds. This was described by
a contemporary wag as " the best cut at the feast of Abbey
lands, a dainty morsel and an excollent receipt to clear his
voice and make him speak well for his Master."
StiU insatiable, he wrote to Cromwell " that his place He is made
of Lord Chancellor being very chargeable, the King might ^"'g^j^g '
be moved for addition of some more profitable offices unto
him." J There was no rich sinecure that conveniently could
be bestowed upon him at that moment, but a vacant Blue
Riband was offered him to stay his Importunity, and he was
Installed Knight of the Garter with all due solemnity, —
being the first Lord Chancellor of England, who, while in
office, had ever reached that dignity. Decorated with the
Collar, George, and Garter, Audley showed himself, if pos-

* Letters on Suppression of Monasteries, by Camden Society, p. 245,
t Dugdale's Baronage, tit, " Audley,"' \ Dugdale's Baronage,

622

REIGN OP HENRY VIII.

CHAP.
XXXIV.

A.D. 1539,
A parlia
ment.

Chancel
lor's speech.

" Bloody
Bill of the
Six Arti
cles,"

sible, more eagerly desirous to comply with the humours,
whether arbitrary, fantastical, or cruel, of his royal bene
factor. On the 28th of April, 1539, a new parliament met to
confirm the dissolution of the monasteries, and to provide
severe punishment for those Inclined to adopt the reformed
opinions, which were as distasteful to Henry as a denial of
his supremacy.* The ChanceUor's speech on the first day of
the session is not preserved; but the Journals state, that
on the 5th of May he informed the House of Ijords " that
It was his Majesty's desire, above all things, that the diver
sities of opinions concerning the Christian religion in this
kingdom should be with all possible expedition plucked up
and extirpated." A select committee was therefore ap
pointed, with the Vicar-General at their head, who were
to report what was fit to be done to produce uniformity of
faith among all his Majesty's loving subjects.
On the 30th of May the Lord ChanceUor declared before
the Lords, that not only the Bishops and other spiritual
Peers, but even the King's Majesty, had taken great pains,
and laboured incessantly, to bring about an union, and had at
last completed it. Therefore it was his Majesty's pleasure
" that some penal statute should be enacted to compel all his
subjects who were anywise dissenters to obey the articles
agreed on."
On the 7th of June "the bloody BiU of the Six Articles"
was brought into the House by Lord Chancellor Audleyf,
himself secretly inclined to the new opinions, and subjecting
all who should venture to profess them to be burnt or be
headed. By the first article, — to question the doctrine of
transubstantlatlon, or to say that after the consecration of
the elements in the sacrament of the Lord's Supper there
remaineth any substance of bread or wine, was heresy, punish
able with burning and forfeiture of lands and goods, as in
case of high treason. The second was levelled against the
doctrine that communion in both kinds was good for the souls

* 1 Pari, Hist, 537,

t Ibid, 538,

LIFE OP LORD CHANCELLOR AUDLEY. 623
of the laity: the third enjoined the celibacy of the clergy: chap.
the fourth the observance of monastic vows: the fifth the

efficacy and propriety of private masses;- — and the sixth,
auricular confession. Each of these four last-mentioned
dogmas was enforced by the milder penalty of death by
hanging, with forfeiture of lands and goods, as In case of
felony. The Chancellor's bill was so arbitrary and cruel, that
Cranmer even had the courage to oppose it ; but It was
carried through the House of Lords in three days ; and, being
sent down to the Lower House by the Attorney and Solicitor
General, it passed there with equal rapidity. The finishing
hand was now put to the dissolution of the monasteries, and
twenty-seven mitred Abbots and Priors were ejected from
parUament. There having been some grumbling in the House of Lords Act regu-
on account of the precedence given to Cromwell, the Lord c^dence"^^'
Chancellor brought in a bill enacting, that he should have
place in parliament and In the Privy CouncU next after the
blood royal, and regulating the precedence of the Peers and
officers of state as it now exists.*
But to save all future trouble in calling parliaments, or Act giving
managing them when refractory, the Chancellor crowned the ckmi'tio'^""
labours of the session by bringing in and passing a bill force of
whereby the King's proclamation, issued with the assent of ""'¦
his Council, was to have the force and effect of an act of
parliament, f
A new session began on the 1 2th of April, 1 540 J ; — through a. n. 1 540.
all the perils of which Audley steered with his usual cunning ^^"f;^„g ,
and success, — but which proved fatal to Cromwell. A few with Anne
of Cleves.
* 31 Hen. 8. c. 10., which is the only restraint on the power of the Crown to
grant precedence, but does restrain that ponder both in the House of Lords and
in the Privy Council,"
f 31 Hen. 8. u. 8. This was followed by 34 Hen, 8, c. 23., appointing a
tribunal consisting of nine privy councillors, with power to punish In a sum-
maly manner all transgressors of such proclamations. To our surprise, we find
there was not perfect unanimity with respect to this bill, and Bishop Gardiner
says, in a letter preserved by Burnet, that it did not pass without " many large
words." — Ref. ii. 114.
f 1 Pari. Hist. 542.

624

REIGN OP HENRY VIII.

CHAP,
XXXIV.

Fall of
Cromwell,

months previously, Henry, by his Vicegerent's ; advice, after
remaining a widower two years, and being disappointed in a
negotiation for a, French Princess, had married Anne of
Cleves ; but cruelly disappointed in her person and manners,
and determined not to Uve with her as his wife, he conceived
a deep resentment against the man who had " put his neck
into the yoke." To render the fall of the favourite the'more
grievous, he was created Earl of Essex, and a Knight of the.
Garter ; and the King seemed to trust him with more than
wonted confidence.
On the first day of the session the Chancellor complained,
in the King's name, of the great diversity of religions which
still prevailed among his subjects ; a grievance, he affirmed,
which ought to be the less endured, because the Scriptures
were now published in English, and ought universaUy to be
the standard of belief to mankind. But the King, he said,
had appointed some Bishops and divines to draw up a list of
tenets to which the people were to assent; and he was deter
mined that Christ, the doctrine of Christ, and the truth,
should have the victory.
Cromwell, sitting on the Bishop's bench, on the King's
right hand, above the Archbishop of Canterbury, made another
speech In the King's name ; and the Peers, believing him to
be still in high favour, bestowed great flattery on him, saying,
" that by his desert, he was worthy to be Vicar-general of the
universe."* But Henry's aversion to his new Queen Increasing daily,
and, at last, breaking all restraint, prompted him to seek
the dissolution of a marriage so odious to him, and to
ruin the minister who had been the author of it. On the
morning of the 10th of June, the Vicar-general attended in
his place in the House of Lords, neither himself nor those
about him suspecting that he was in any peril. At three
o'clock in the afternoon of the same day, while attending a
meeting of the cabinet, he was arrested for high treason by
the Duke of Norfolk, and committed to the Tower of
London.

* 1 Pari. Hist. 548.

LIFE OF LORD CHANCELLOR AUDLEY. 625
Lord Chancellor Audley immediately engaged zealously in chap.
the prosecution of his colleague and chief, whom the King ^^^^^'
resolved to bring Immediately to the block ; for at that time
it was considered almost a matter of course in England that
a minister should lose his head with his office. In the Turkish
fashion, — only that. Instead of the bow-string applied by a
mute, the instrument of vengeance was the verdict of a
packed jury, or an act of attainder passed by a servUe par
Uament. About a year before, Cromwell, to please Henry, had ex- Chancei-
torted an opinion from the Judges, in the case of the Countess °J^ifg^
of Salisbury, that persons might be lawfuUy attainted by CromweU
bill without being heard In their defence ; and Audley now hearing
recommended that this precedent should be acted upon against ii™ '" ^"^
Cromwell himself, as awkward disclosures might take place If
he should be tried by the House of Peers, or In the Court of
the Lord Steward ; or If he should be permitted to plead at
the bar against ^he bill of attainder. It contained a strange
medley of charges, few of which even savoured of high
treason : — " That he had received bribes, and encroached on
the royal authority by issuing commissions, discharging
prisoners, pardoning convicts, and granting licences for the
exportation of prohibited merchandise : that as Vicar-
general he had betrayed his duty, by not only holding
heretical opinions himself, but also by protecting heretical
preachers, and promoting the circulation of heretical books ;
and that he had expressed a resolution to fight against the
King, If It were necessary, in defence of his religious opi
nions."* He wrote to the Chancellor, demanding a public
trial ; but all that was conceded to him was, that he should
be privately heard to defend himself before Commissioners
appointed by the Crown, who should express their opinion on
his case to the two Houses.
After a timid attempt by Cranmer to soften the King on
account of past services, the BUl passed through the House
of Lords unanimously, Cranmer himself attending and voting
for the second and third reading ; and the Peers with one
* 1 St. Tr, 433.
VOL. I. S S

626 CHAP
XXXIV.

King's
marriage with Anne
of Cleves
dissolved.

REIGN OP HENRY VIII.
voice, at the request of the King conveyed by the Chancellor,
thought proper, without trial, examination, or evidence, to
doom to a cruel and ignominious death a man whom, a few
days before, they had declared worthy to be " Vicar General
of the Universe." It can -hardly be supposed that Henry In
sidiously gave him the garter to make him more obnoxious
to the nobUity ; but aU accounts agree in stating that they
were more Incensed against the fuller's son, the trooper, the
merchant's clerk, and the attorney, when they saw him bear
ing the decoration hitherto reserved for nobles and warriors,
than by thinking of the enormities by which he had risen to
greatness. A bUl of attainder against Audley himself, pro*
posed by CromweU, If the King had go wiUed, would have
passed with equal unanimity.
The projector of the marriage with Anne of Cleves being
disposed of, Audley, by the King's orders, took the necessary
measures for having the marriage itself dissolved, although
there was no better pretext for questioning its vaUdlty than
that Henry had been deceived by Holbein's too flattering
portrait of Anne ; — that he thought her a Flanders mare ; —
that when he did consent to marry her after he had seen her,
he withheld assent In his own mind In going through the
ceremony; — that he suspected she was not a true maid ; —
that she could speak no language but high Dutch; — and his
assertion that though they slept In the same chamber for many
weeks, he had only Uved with her as a friend.
On the 6th of July the Lord ChanceUor, addressing the
House of Lords, said, " their Lordships very well knew what
bloody and cruel slaughter had formerly been acted in this
kingdom by reason of various contentions occasioned by du
bious titles to the succession of this Crown, and since, by the
grace of God, all these controversies were ceased, and aU those
titles were united by the divine benevolence in the single
person of his most serene Majesty, so that no occasion of
discord could arise, unless their only hope, the noble Prince
Edward, undoubted heir to his father's kingdoms, shonld, by
some sinister accident, be taken from them. In that case
(which God avert) it was necessary for the general safety that
some other future heir,, by the divine goodness, should be

LIFE OP LORD CHANCELLOR AUDLEY. 627'
born to them in true and lawful wedlock; and since this was chap.
very doubtful from the marriage lately contracted between -^^^^^^
his Majesty and the most noble Lady Anne of Cleves, be
cause of some impediments which, upon inquiry, might arise
to make the validity of that marriage dubious, — for the
quietness and concord of the kingdom In succeeding times,
he therefore recommended that a committee of both Houses
should be appointed to wait upon his Majesty, humbly open
ing to him, as far as decency would admit, their doubts and
scruples In this matter, and humbly entreating that he would
please to acquaint thehi whether the aforesaid marriage was
valid or not." He concluded with a motion that a message
be sent to the Commons by certain members of the House,
requesting them to deliberate upon the subject, and that they
would send back six of their body to inform their Lordships
of the result of their consultation.*
The Chancellor's motion was carried with the usual una
nimity; and the Commons forthwith announced that they
had appointed a committee of twenty to co-operate with the
Lords In the proposed appUcation to his Majesty. AU the
temporal Lords and this committee accordingly waited on the
King, when the Chancellor told him they had a matter of
great moment to communicate, if his Majesty would pardon
their presumption. Henry having desired them "to speak
their minds freely," the Chancellor delivered the address of
both Houses, "praying his opinion upon the validity of his
present marriage." The answer was, " that he would refer
the question to the judgment and determination of grave,
learned, honest, and pious ecclesiastics, viz. the Archbishops
and Bishops."
This business was very soon concluded ; for, to the un- Disgraceful
speakable disgrace of Cranmer and the other prelates whether Cranmer°f
inclining to the old or the new religion, — on the 10th of June divorce of
they declared to the House of Lords that they had examined cieves"^
into the affair of the marriage, by virtue of the King's com
mission directed to them, and that, both by divine and human
law, they found It Invalid. They then handed to the Chan-
* 1 Pari, Hist. 546.
s s 2

628

REIGN OP HENRY VIIL

CHAP.
XXXIV.

Pasterncustom of
prostrationintroduced.

ChanceUor
dissolves" Long
Parlist-
ment."

His impar
tiality in
persecu
tion.

cellor a sentence of nullity ; which, on the Chancellor's
motion, being read and approved of. It was sent down by two
Bishops to the House of Commons. The next day the Chan
cellor brought In a bill to dissolve the marriage between his
Majesty and the Lady Anne of Cleves ; and, without hear
ing what she had to say against it, or receiving any evidence,
it was passed unanimously the foUowing day, and sent down
to the Commons, where it experienced an equally favourable
reception. In a few days more It received the royal assent ;
and Henry, who had always another wife ready on the di
vorce, dishonour, or beheading of a former, was publicly
married to the Lady Catherine Howard, niece to the Duke
of Norfolk.
As eastern despotism was now established In England,
there was introduced a near approximation to the eastern
custom of prostration before the Sovereign. We are told
that on the last day of this session, as often as any piece of
flattery peculiarly fulsome was addressed to the King by the
Speaker or the Chancellor, " every man stood up and bowed
themselves to the throne, and the King returned the compU
ment by a gracious nod from it." *
By the King's commands the ChanceUor now dissolved the
parUament, which had sat above six years, and went by the
name of the " Long Parliament," till another obtained that
name, and utterly abolished monarchy\as this had subverted
all the free institutions of the country.
Audley was too cautious ever to aim at the station of
"prime favourite and minister," which, after the fall of
Cromwell, was for a time filled by the Duke of Norfolk.
This stern sire of a most accomplished son inclining strongly
to Romanism, commenced a furious persecution against the
Protestants ; and the law of " the Six Articles " was executed
with frightful rigour. Audley would have screened those
of his own way of thinking If he could have done so with
out danger of offending the King ; but, while he saw crowds
led to the stake for questioning transubstantlatlon, he took
care, in the Impartial administration of justice, that no mercy

'* 1 Pari. Hist. 547. — "et totum nutu tremefeclt Olympum,"

LIFE OF LORD CHANCELLOR AUDLEY. 629
should be shown to CathoUcs who denied the King's su- CHAP,
premacy, beyond favouring them with a gibbet Instead of ^-^^^^^
surrounding them with fagots ; so that a foreigner then In
England said with reason, that " Henry's subjects who were
against the Pope were burned, and those who were for him
were hanged." *
Things went on smoothly enough with Audley, and all a-d, is41,
who, like him, had the prudence to conform to the prevailing ^n"menT"'
fashions In religion, till the autumn of the following year, with Queen
when a discovery was made which again threw the whole Howard!^
kingdom into confusion. The present Queen had, "by a
notable appearance of honour, cleanness, and maidenly be
haviour, won the King's heart : " f for more than twelve
months he lavished upon her proofs of his affection ; he had
publicly In his chapel returned solemn thanks to Heaven for
the felicity which the conjugal state now afforded him ; and
he directed the Bishop of Lincoln to compose a form of
prayer to the like effect, to be used In aU churches and
chapels throughout the kingdom. But before this general Her incon-
thanksglving took place. Archbishop Cranmer came one discovered.
morning to the Chancellor, and announced that information
had been laid before him, which he could not doubt, that the
Queen, both before and since her marriage, could be proved
to have been and to be one of the most dissolute of her sex.
By Audley's advice a written statement upon the subject was
put into the hands of the astonished husband. He was par
ticularly mortified at the thought that the world would now
question that upon which he so much piqued himself in the
case of Anne of Cleves — his skill In discovering a true
maid; but when he had recovered from the shock, he di
rected the necessary steps to be taken for the Queen's con
viction and punishment.
In consequence, the Chancellor assembled the Judges and Opinion of
CouncUlors in the Star Chamber, and laid before them the up^on her^^
evidence which had been obtained. With respect to Cathe- <=ase.
rine's Incontinence before marriage no difficulty arose, for
this she did not deny, although she tried to mitigate her mls-
* Fox, vol. ii. p. 529. t Herb. 532.
s s 3

630

REIGN OF HENRY VIII.

CHAP.
XXXIV.

A parlia
ment.

The Chan
cellor's
speech.

conduct, by asserting that " al that Derame did unto her wag
of his Importune forcement, and In a manner violence, rather
than of her fre consent and wU*;" but this did not amount
to an offence for which she could be punished by any known
law, and she maintained her entire innocence since the time
when a departure from chastity amounted to treason. How
ever, It appeared that since her marriage she had employed
Dereham as her secretary, and that she had allowed Cul
pepper, a maternal relation and gentleman of the Privy Cham
ber, who had likewise formerly been her lover, to remain In
company with her and Lady Rochford from eleven at night
tiU two in the morning. The Judges being asked their
opinion, replied that, considering the persons implicated, these
facts, if proved, formed a satisfactory presumption that adul
tery had been committed.
Fortified with this extra-judicial opinion, Audley Imme
diately caused these two unfortunate gentlemen to be brought
to trial before a jury, and, without any additional evidence,
they were both convicted and executed.
But it was impossible to deal with the Queen herself and
the other parties accused, without that commodious Instru
ment of tyranny, a bill of attainder, which obviated the
inconvenient requirements of proofs and judicial forms.
Accordingly, a new parliament was summoned to meet at
Westminster, on the 16th of January, 1542.
The Lord Chancellor's speech on the first day of the session.
Is commemorated in a most extraordinary entry on the Jour^
nals by the clerks of the House of Lords, the only reporters
of those days, — stating that " Thomas Lord Audley, the Lord
Chancellor, opened the cause of the summons in a grave and
eloquent speech, but of such uncommon and immoderate length,
that the clerks, being busy on difierent affairs, could not attend
even to take the heads of the whole speech, which would take
three hours to write down and one to read, and therefore they
give an imperfect compendium orationis. First, the Chancellor
declared in what manner David began his reign over the peo
ple of God, the Israelites ; he did not pray that honours and

Archbishop Cranmer's letter to the King, — Stat, Pap, Off.

LIFE OF LORD CHANCELLOR AUDLEY. 631
riches might be heaped upon him, but only that his under- chap.
standing and wisdom might be enlarged. Give me understand- ^^^l'^*
ing that I may search thy law, as It is In the Psalms. This
understanding he asked for, that he might the better learn
for things equally necessary for both prince and people. Such
was the case also in our Sovereign Lord the King, who, when
he first came to the Crown, wished for nothing more ardently
or fervently than that God would bestow on him wisdom and
understanding. The Almighty anointed him with the oil of
sapience above his fellows, ' above the rest of the Kings in the
earth, and above all his progenitors, so that no King of whom
history makes mention could be compared to him.' At which
words, all the Peers, as weU as Commons, stood up and bowed
to the throne with that reverence as plainly showed with
what wlUIng minds they owned his empire over them, and
what they owed to God who had committed the government
of the kingdom to such a Prince." But the entry breaks off
abruptly just as the orator was coming to the pith of his
oration, — the cause of parUament being then caUed. Some
have ingeniously conjectured that this was done by design,
that the Queen's shame and the King's misfortune might not
be blazoned on the Journals.*
A bill was forthwith brought in by the Lord ChanceUor to BUl of
attaint of high treason, the Queen, and Lady Rochford as her g"^™ t'^'he
accomplice, and to subject to forfeiture and perpetual impri- Queen.
sonment the Duchess of Norfolk, her daughter the Countess
of Bridgewater, Lord WUliam Howard and his wife, and
several others of Inferior rank, on . the ground that they had
been aware of Catherine's antenuptial errors, and still had
allowed the King to marry her.
For once in his life Audley was now guUty of an indis
cretion, by yielding to the dictates of humanity and justice,
and declaring, after the first reading of the biU, " how much
It concerned all their Honours not to proceed to give too hasty
a judgment ; they were to remember thut a Queen was no
mean or private person, but an illustrious and public one ;
therefore her cause was to be judged with that sincerity that
* 1 Pari. Hist. 550.
s s 4

632 REIGN OP HENRY VIIL
CHAP, there should be neither room for suspicion of some latent
¦ quarrel, or that sbe should not have liberty to clear herself if
perchance, by reason or council, she was able to do It, from the
crime laid to her charge. For this purpose, he thought It
but reasonable that some principal persons, as well of the
Lords as Commons, should be deputed to go to the Queen,
partly to teU her the cause of their coming, and partly In
order to help her womanish fears, by advising and admonishing
her to have presence of mind enough to say any thing to make
her cause better. He knew for certain it was but just that
a Princess should be judged by equal laws with themselves,
and he was sure that the clearing herself in this manner would
be highly acceptable to her most loving husband." A com
mittee was accordingly appointed to wait upon the Queen,
and a resolution passed to suspend further proceedings on the
bill till they had made the report. *
But Henry seems to have considered this proceeding very
presumptuous; for two days afterwards the Chancellor was
obliged to declare to the Lords openly, that the Privy
Council, on mature deliberation, disliked the message to be
sent to the Queen, and that the parliament might have leave
to proceed to give judgment, and to finish the Queen's cause,
that the event might be no longer In doubt, and that the
King would give his assent to the biU by letters patent
under the Great Seal.
The biU was accordingly rapidly run through both Houses,
and the Commons attending In the House of Lords, the Lord
Chancellor produced it signed with the King's own hand,
with his assent to It signified under the Great Seal, — and
holding it forth in both hands that all the Lords and Com
mons might see It, he declared that from thenceforth It had
the fuU force and authority of law. Then, upon the true
principle of " Castigatque auditque doles subigitque fateri,"
the Duke of Suffolk stated that the Queen had openly con
fessed and acknowledged the great crime she had been guilty
of against the most high God and a kind Prince, and, lastly,
against the whole EngUsh nation, f
* 1 Pari. Hist. 550. j- ihid. 553.

LIFE OP LORD CHANCELLOR AUDLEY. 633
On the third day after this ceremony the unhappy CHAP.
Catherine and her companion. Lady Rochford^ were led
to execution, — bidding the spectators take notice that they Execution
suffered justly for "their offences against God from their of the
youth upward, and also against the King's royal Majesty
very dangerously." It must be observed that, according to
the Ideas of the age, — for the sake of surviving relatives. It
was not customary or reckoned becoming for persons, how
ever unjustly condemned, to say any thing at their exe
cution which should be offensive to the King, and . we
cannot fairly take these words as a confession of more than
the Irregularities imputed to Catherine before she had
mounted a throne.
To obviate the difficulties now experienced if a similar Act re-
case should again occur, the ChanceUor, by the King's spe- ^'Ynst'ef
cial orders, wound up the whole affair by bringing in a blU, whora
which quickly passed both Houses, and received the royal jn'^^r.^
assent from the King in person, — whereby It was enacted, "age, If not
that every woman about to be married to the King, or any disclose her
of his successors, not being a true maid, should disclose her shame.
disgrace to him under the penalty of treason ; and that all
other persons knowing the fact, and not disclosing it, should
be subject to the lesser penalty of misprision of treason.*
This law, which was afterwards repealed, as " trespassing Terror of
too strongly as well on natural justice as female modesty j," y°™s
remained In force during the remainder of this reign, and so Court.
much frightened all the spinsters at Henry's Court, that,
instead of trying to attract his notice, like Anne Boleyn,
Jane Seymour and Catherine Howard, In the hope of wear
ing a crown, they shunned his approach as If he had been
himself the executioner; and they left the field open for
widows, who could not, by any subtlety of Crown lawyers,
be brought within Its operation. J When the act passed. It King mar-
had been foretold that the King, notwithstanding his passion
* Statutes of Realm, iv. 859. f 1 Bl. Com. 222.
^ See Lodge, vol. 1. (Jath. Par. — " In concluding another match he found a
difficulty ; for as it had been declared death for any whom the King should
marry to conceal her Incontinency in former time, so few durst hazard to ven
ture into those bonds with a King who had, as they thought, so much facility in
dissolving them. Therefore they stood ofiPas knowing in what a slippery estate
they were, If the King, after his receiving them to bed, should through any mis
take declare them no maids," — Lord Herbert.

ties a
'idow.

634

REIGN OF HENRY VIII.

CHAP.
XXXIV.

Queen
Catherine
Par,

A parlia
ment.

Succession
to Crown.

for maids, would be obliged by it to marry a widow, and ac
cordingly, , on the 12th of July, 1543, he did marry, for his
sixth and last wife, Catherine Par, who had been twice ber
fore led to the hymeneal altar, — first by Edward Lord
Borough of Gainsborough, and, secondly, by Neville Lord
Latimer. She was incUned to the new doctrines, and the marriage
gave great satisfaction to Audley, Cranmer, and others of the
same way of thinking : while it alarmed the Duke of Norfolk,
Gardyner, and Wriothesley, now considered champions of the
ancient faith.
The standard of orthodoxy, however, for the rest of this
reign, was " The King's Book," which, with the exception of
the Pope's supremacy, rigidly inculcated all the doctrines of
the Church of Rome, and it would have been most dangerous
for Queen or Chancellor to question any thing which It
contained. On the 14th of January, 1544, began the last session of
parUament which Audley ever saw ; for, though not advanced
in years, he was now pressed with infirmities, and he was
threatened by an inexorable King bearing a dart for his sceptre,
whom no prayers or artifice or subserviency could appease.
The Chancellor's opening speech is no where to be found,
so that we have lost his felicitations to the King on this occa
sion, and we know not to what Saint or Hero he compared
him for the extraordinary proof his Majesty had given of his
love for his people In marrying a sixth time.
After a bill had passed ordaining that the royal style should
be " King of England, France, and Ireland, Defender of the
Faith, and of the Church of England and Ireland In earth
the Supreme Head," the Chancellor, by the King's orders.
Introduced a measure of very great Importance to regulate
the succession to the Crown. As the law stood, the Princesses
Mary and Elizabeth were both excluded as Illegitimate, and
it was highly penal to say that the. mother of either of them
had ever been lawfully married to the King. In default of
his exercising his power of appointing a successor by deed or
will, — after Prince Edward the right would have been In the
Issue of the King's elder sister, Margaret, married to the

LIFE OF LORD CHANCELLOR AUDLEY. ' 635
King of Scots, and then in the issue of Mary, his younger chap.
sister, married to the Duke of Suffolk. The bill, now Intro- ^^^''^•
duced, without saying any thing expressly of the King's first
two marriages, enacted, that In default of Prince Edward and
the heirs of his body, and of heirs by the King's present
marriage, the Crown should go to ,the Lady Mary, the King's
eldest daughter, and the heirs of her body ; and then to the
Lady Elizabeth, the King's younger daughter, and the heirs
of her body, the power of appointment by deed or wUl being
still reserved to the King ; — with a proviso that an oath
should be required to maintain the King's supremacy and the
succession according to this act under the penalties of treason,
tmd that whoever should say or write anything contrary to
this act, or to the peril or slander of the King's heirs Umited
in the act, should be adjudged a traitor.* It immediately
passed both Houses, and was a suitable conclusion to Lord
ChanceUor Audley's performances in the legislative line, as
in one moment he made It high treason to deny that which
the moment before it was high treason to assert, respecting
the legitimacy of the King's children and their right to suc
ceed to the crown, — he himself having brought in the bill
which bastardised Mary, and settled the Crown on Elizabeth,
and the bUl which bastardised Elizabeth as well as Mary, and
made It treason to assert the legitimacy of either.
On the 20th of March, the day when the session was Audley's
closed t, Audley was on his death-bed, and the closing speech
was made by the Duke of Norfolk, who referred to the Lord
Chancellor's lUness, and regretted the necessity Imposed upon
himself of dissolving the parliament In the King's name.
Audley's disease gaining upon him, and the business of Resigns
Easter term in the Court of Chancery requiring despatch, gg^|
on Monday the 21st of April, 1544, he (if we may beUeve
all that Is said In the entry In the Close Roll) spontaneously
sent the Great Seal to the King by Sir Edward North and
Sr Thomas Pope, — humbly praying that his Ma-jesty would
deign to accept the resignation of It, as, from bodily infirmity,
* 35 Hen. 8. c. 1. t 1 Pari. Hist. 559.

636

REIGN OP HENRY VIII.

CHAP.
XXXIV.

Letter pro
posing marriagebetween
his daugh
ter and the
son of Sir
Anthony Denny.

he was no longer able to perform the duties of the office
which, by his Majesty's bounty, he had so long held. His re
signation was graciously accepted, but out of delicacy to him,
and holding out a hope that he might recover and be rein
stated in his office, the Great Seal was delivered to Sir Thomas
Wriothesley merely as Lord Keeper and to be held by him
as Lord Keeper only during the illness of Lord Chancellor
Audley. *
The following letter, which was lately discovered In the
Augmentation Office, exhibits a curious picture of the dying
Chancellor's plans and anxieties. It Is written by his secre
taries, who afterwards were bis executors, to Sir Anthony
Denny, — who did, as proposed, obtain the wardship of the
Lady Margaret after her father's decease, — although the pro
jected match did not take place, and she formed much higher
alliances :
" After owre righte hartie commendaclons we shall like yow
tunderstande the phlslclons dispaire very mouche in o"" goode
Lorde Chauncello"^ his helthe; and suerly for o"^ parts we

* Mem, qd vlcisemo primo die Aprills, &c, Thomas Audley Miles Dns
Audley de Walden tunc Cancellarlus Anglie infirmitate corporis debilitatus et
considerans se 1pm ex occone non valere excere et facre ea que ad oflScium suum
tam in ministrando leges dci Dmni Regis justlceam qm in supervldendo
pcessum per magnum sigillum dctl Dni Regis sigillandum deum sigillum in
manibus ipsius Thome, Dmni Cancellarii adtunc existens prfto Dno Regi per
Edwardum North MUltera et Thomara Pope Militera misit. Qui quidem
Edwardus et Thomas Pope sigillum illud in quadam baga de albo corio
Inclusum et sigillo del Dni Cancellarii munltum regie Majestatl apud novum
palaclum suum Westm. in camera sua privata circa horam terclam post meridiem
in presentia Thome Heneage, &c., presentarunt et obtulerunt humiliter sup-
pllantes ex parte del Thome Dni Cancellarii eandem regiam majestatem quatenus
idem Dns Rex sigillum suum prdm recre et acceptare dignr Qui Dns Rex
sigillum illud per manus ipsorum Edwardi et Thome Pope recepit et acceptavit
et penes se retlnuit usque in diem proxm. vldelt, &c. Quo die circa horam
terclam post meridiem prftus Dns Rex sigillum suum prdm apud palacium
suum prdm in cama prta in presentia Antonil Denny, &c, Thome Wriothesley
militl, Dno Wriothesley custodiendum et exercendum durante infirmitate dci
Thome Dni Audley Dni Cancellarii comisit ipsumque Thomam Dn Wriothesley
magni sigilli regii durante infirmitate dci Dni Cancellarii ibidem constituit et
ordinavit cum auctoritate excendl et facdl omnia et singula que Dns Cancellarius
Angle prtextu oflicii sui prdci facre et exre potuisset et valeret, &c. The cir
cumstantiality of the Close Roll historiographer of the Great Seal is very amus
ing, as he not only tells us the day, the hour, the house, the room in the house,
and in whose presence the transfer was made, but the colour of the leathern
bag in which the Great Seal was contained.

LIFE OP LORD CHANCELLOR AUDLEY. .^ ' ^37
thinke his Lordship to be in greate danger, and that there chap.
is smaU hoope of his recoverye. Wherfore, forasmouche as ^^^^^-
before this tyme we knowing his Lordship's ernest disposition
and hartie good wille to joyne withe yow in mariage be-
twixte your sonne and his eldest doughter wherin yt bathe
pleased hym oftentymes to use oure poore advise, — we
have therfore thought goode to signlfie his state to yowe to
tbentente yow may further declare the same unto the Kings
ma**^ ; and therupon to be an humble suter unto his highnes
for the prefermente of his saide eldest doughter, whome we
beleve he coulde be contente right hartllye amongest other
his legasles to bequethe unto yowe, so he mighte dispose her
as he maye other his possessions and moveables. And thus
mooste hartUy fare yow well. From Crechurche, this
Wedynsdaye. " Your own, most assuredlye,
Edward North,
Tho. Pope."
On the 30th of AprU foUowing, Audley expired in the His death.
56th year of his age.
He is a singular instance of a statesman, in the reign of His career.
Henry VIIL, remaining long in favour and in office, and
dying a natural death.. Reckoning from the time when he
was made Speaker of the House of Commons, he had been
employed by Henry constantly since the fall of Wolsey, —
under six Queens, — avoiding the peril of acknowledging
the Pope on the one hand, or offending against the Six
Articles on the other. He enjoyed great power, amassed
Immense wealth, was raised to the highest honours and dig
nities, and reaped what he considered a full recompense for
his "Infamy."
Such a sordid slave does not deserve that we should say His cha-
more of his vices or demerits. It has been observed, that the ''''"=*^''-
best apology for Wolsey was the contrast between the early
and the latter part of Henry's reign ; and Audley's severest
condemnation must be a review of the crimes which. If he
did not prompt, he abetted. He might have been reproached

638

REIGN OP HENRY VIII.

CHAP.
XXXIV.

His epi
taph.

His de
scendants.

by his master, in the language of a former tyrannical sove-.
reign of England, " Hadst thou but shook thy head, or made a pause,
Or turn'd an eye of doubt upon my face.
Deep shame had struck me dumb."
But no eunuch in a seraglio was ever a more submissive
tool of the caprice and vengeance of a passionate and re
morseless master than was Lord Chancellor Audley. -
According to a desire expressed In his will he was buried
at Saffron Walden, in the chancel of the parish church which
he had erected. There an altar tomb of black marble was
raised to him with the following inscription, which some sup
pose that, In imitation of his Immediate predecessor, he had
himself composed; and which Fuller quaintly enough calls
" a lamentable epitaph."
" The stroke of Deathe's inevitable Dart . Hath now alas of lyfe beraft the
hart . Of Syr Thomas Audeley of the Garter Kuight . Late ChanceUour of
England under owr Prince of Might . Henry Theight wyrthy high renowne .
And made by Him Lord Audeley of this Town. Obilt ultimo die Aprilis,
Anno Domini 1544, Regni Regis Henrici 8, 36. Cancellariatus sui 13, et suae
JEtatis 56."
The Chancellor espoused Lady Mary Grey, one of the
daughters of Thomas, second Marquis of Dorset. Any one
might have supposed that he would have been sufficiently
proud of such a noble aUIance, whereas he actually sued the
King for further recompense, as he expresses himself, "for
reparation of my pour marriage, wherein his Majeste was the
principall doer''*
Lady Audley, who survived her husband many years, bore
to him two daughters; Mary, who died In childhood, and
Margaret, who became sole heir to her father's vast pos
sessions. She married, first. Lord Henry Dudley, who fell
at the battle of St. Quintin's ; and, secondly, Thomas, fourth
Duke of Norfolk, by whom, amongst other issue, she had
Thomas afterwards created Earl of Suffolk, who built Audley
End, in honour of his maternal grandfather f , and from whom
are descended the Earls of Suffolk and Berkshire, and Carlisle,

* Cottonlan MSS,
t " A stately palace," says Dugdale, " not to be equalled, excepting Hampton
Court, by any In this realm." — Bar. tit, " Audley."

LIFE OF LORD CHANCELLOR AUDLEY. 639
the Earls and Marquises of Bristol, and the Lords Howard chap.
de Walden, besides the Earls of Bindon and Lords Howard ^X'^iv.
of Escrich, whose titles are extinct.
Lord Audley has been always considered as the founder
of Magdalene CoUege, Cambridge, which he endowed with
large estates. He also authorised the society to use his arms ;
and appointed "his heirs, the possessors of the late monastery
of Walden, visitors of the College in perpetuum, with the
right of nominating the masters ; " which privileges are still
exercised by Lord Braybrooke, the present owner of Audley
End.* ¦* I am exceedingly indebted to this descendant of the illustrious House of
Neville, several members of which held the office of Lord Chancellor, for
information enabling me considerably to improve my memoir of Lord Audley.

640

REIGN OP HENRY VIII.

CHAPTER xxxv.

LIFE OF LOKD CHANCELLOR WRIOTHESLEY FROM HIS BIRTH TILL
THE DEATH OF HENKT VIII.

CHAP.
XXXV.
Character
of new
Chancellor.

His
descent.

Renounces
heraldry.

Is called to
the bar.

Obtains
office in
Common
Pleas.Made Se
cretary of
State.

The new Chancellor displayed very different qualities from
his predecessor, being a man of principle ; but he was, if pos
sible, a worse minister ; for, when Invested with power, he
proved narrow-minded, bigoted, and cruel. Fortunately, he
was likewise rash and headstrong, so that his objects were -
generally defeated, and his political career was short.
Thomas Wriothesley was sprung from a family long dis
tinguished In "Arms," for they were Heralds. John, his
grandfather, was Garter King at Arms to Edward IV.
Thomas, his uncle, filled the same office under Henry VII.
William, his father, was Norroy King at Arms to that So
vereign. Thomas, the future Peer and ChanceUor, early initiated In
heraldic lore, was not contented with the prospect of wearing a
tabard, making visitations, examining pedigrees, and marshal
ling processions. He therefore abjured the Herald's CoUege,
took to the study of the common law, and was called to the
bar. He was a dUigent student, and made considerable pro
ficiency In his legal studies, but he does not seem ever to have
risen Into much practice as an advocate ; and he showed -a
preference of politics to law. In 1535, having recommended
himself to Lord Chancellor Audley, -^through his interest an
office of considerable emolument was conferred upon him In
the Court of Common Pleas. Three years after he was made
Secretary of State, a post beginning to be Importamt, but still
very inferior to Its present rank, as then the Lord Chancellor
conducted foreign negotiations, and attended to the internal
administration of the country. He was a warm adherent of
the old faith, to which Henry himself was sincerely attached.

LORD CHANCELLOR WRIOTHESLEY. 641
except in as far as the "supremacy" was concerned; and CHAP.
with the Duke of Norfolk and Gardyner, he formed the party

actually opposed to the Reformation, who procured the pass- Opposed to
Ing of " the Six Articles." Reforma-
He was now In such high favour, that he was employed In ^^ ^ j-gg
the embassy sent by Henry during his widowhood, after the Ambas-
death of Jane Seymour, to negotiate a marriage for him with ^e^otj^te
Christiana, the Duchess Dowager of Milan, then In Flanders, the King's
at the Viceregal Court. This negotiation failed, and so did ™^"'*s®" -
another of the same kind, in which Wriothesley was engaged
for an alliance with Mary of Guise, who preferred the youth
ful King of Scotland, James V., Henry's nephew. The
negotiator. In consequence, was some time In disgrace : but
luckily for him he had strenuously opposed a match with a
German Princess, from the dread of the Introduction of
Lutheranism ; and the sight of Anne of Cleves obtained for
him warm thanks for the advice he had given.
After the fall of Cromwell, Wriothesley might be con- Succeeds
sidered prime minister ; for Audley did not aspire higher than ^/"^^^
to remain in office to execute the measures of others. As minister,
the chief in the King's confidence, he went abroad to nego
tiate In person the treaty with the Emperor Charles V.,
which, to his great delight, led to the restoration of the
Princess Mary to her place in the line of the royal succession,
and opened the prospect of the suppression of Lutheranism.
The bounties of the Crown were now lavished upon him.
On the death of Robert Earl of Sussex, he was made Cham
berlain' of the Exchequer, and Constable of Southampton and
Porchester castles ; the possessions of the dissolved abbey of
TIchfield were granted to him, and he was raised to the
peerage by the title of Baron Wriothesley of Tichfield, in the
County of Hants.
The disgrace of Queen Catherine Howard had been a His dismay
heavy affliction to him and to aU true Roman Catholics, as onthede-
tection of
she, was an avowed protectress of the old faith; and very the Catho-
anxious to have seen another of the same ecclesiastical opinions Catherine'
succeed her as consort to the sovereign, he from time to Howard;
time recommended alUances with reigning houses In Europe
who remained true to Rome. He was exceedingly surprised
VOL. I. T T

642

REIGN OF HENRY VIII.

GHAP.
XXXV.
and the
King's
marriagewith the
Protestant Queen,Catherine
Par.

His plans
against the
new Queen.

He is made
Lord Keeper.

and shocked, therefore, when he was told one morning by the
King that he had resolved to marry the Lady Catherine Par,
a widow of unlmpeached private character ; but. In reUgion,
regarded as little better than a Lutheran. He was very
much alarmed by apprehension of the Influence she might
acquire, and the advantage she might give to the cause of the
Reformation, which In spite of frequent executions for heresy,
was daily gaining ground in England. He did not venture
upon the idle task of combating the King's inclination ; and
he passively saw the ceremony of the marriage performed by
Gardyner, Bishop of Winchester, in the Queen's Privy Closet
at Hampton Court, although Cranmer, actuated by contrary
feeUngs, — ^to hasten and secure the match, had granted -a
special licence, dispensing with the publication of banns and
all contrary ordinances.
Wriothesley, nevertheless, under the Influence of misguided
zeal, resolved, for the good of the Church, to take the earliest
opportunity of making the new Queen share the fate of her
predecessors; — sanguine in the hope that she would be In
discreet, and that the King would be relentless.
The declining health of Lord Audley showed that a vacancy
in the, office of Chancellor was at hand, and Wriothesley,
without .hesitation, agreed to accept it ; for its duties were
not considered at all incompatible with those of prime
minister ; and the patronage and emoluments peculiarly be
longing to It, made It always an object of the highest am
bition. Audley's resignation taking place on the 2 2d of April,
1544, we have seen that on the same day the Great Seal was
delivered to Wriothesley, with the modest title of " Lord
Keeper during the Illness of the ChanceUor." Having grate
fully received It from the King at Whitehall, he carried It to
his house in Cannon Row, and there, the following day, " he
held a Seal." *
On Friday, the 30th of April, the first day of Easter
term, whUe Audley was breathing his last, the Lord
Keeper pubUcly took the oaths In the Court of Chancery

» Rot. Cl. 36 H. 8.

LORD CHANCELLOR WRIOTHESLEY. 643
In Westminster Hall. His abjuration of the Pope was chap.
very ample, and must have cost him a severe pang, unless he ^^^V.
had a dispensation for taking It. " I, Thomas Wriothesley, His abjura
Knyght, Lorde Wriothesley, Lorde Keeper of the Brode tion of the
Seale, havynge now the vaUe of darkness of the usurped °^^'
power, auctoritle, and jurlsdicclon of the See and BIshoppes
of Rome clearly taken away from myne eyes, do utterly
testifie and declare in my conscience, that neyther the See,
nor the Bishop of Rome, nor any foralne potestate, hath nor
ought to have any jurlsdicclon, power, or auctoritle within this
realme, neither by Godd's lawe, nor by any other juste lawe
or meanes ; and though by sufferance and abuslons in tymes
passed, they aforesaide have usurped and vendlcated a fayned
and unlawful power and jurlsdicclon within this' realme,
whiche hath ben supported tyll fewe yeres passed, therefore,
by cause it myght be denied, and thought thereby that I toke
or take it for just and good, I therefore nowe do clerely and
frankeley renounce, refuse, relinquishe, and forsake the pre
tended auctoritle, power, and jurlsdicclon both of the See and
Bishop of Rome, and of all other foralne powers ; a,nd that I
shall never consent nor agre that the foresaid See or Bishop
of Rome, or any of their successours, shall practise, exercise,
or have any manner of auctoritle, jurlsdicclon, or power
within this realme, or any other the Kynge's realmes or
domynions, nor any foralne potestate, of what estate, degree,
or condiccion soever he be, but that I shall resiste the same
at all tymes to the uttermost of my power, and that I shaU
accepte, repute, and take the Kynge's majestic, his heyres,
and successors, when they or any of them shall enjoy his
place, to be the only supreme Head in earth, under God, of
the Churche of England and Ireland, and of all other his
Hignesse's dominions ; and In case any other bathe ben made
by me to any person or persons In maintenance, defence, or
favour of the See and Bishop of Rome, or his auctoritle, jurls-
dicelon, or power, I reporte the same as vague and adnlhilate,
and shall hoUy and trewely observe and kepe this othe. So
iielpe me God, all Salhctes, and the Holy Evangelists."*
* Rot. Cl. 36 h. 8.
T T 2

644

REIGN OP HENRY VIII.

CHAP.
XXXV.

May 3.
1544.
Lord Chancellor.

His instal
lation.

His de
ficiency in
law.

A very in
competent Judge,

The old Duke of Norfolk, who had so often officiated on
such occasions, attended this Installation, but we have no ac
count of any orations delivered, and probably the ceremony
was made as short and simple as possible, out of delicacy to
the dying Audley.
On the third day after his death the Lord Keeper brought
the Great Seal to the King at WhitehaU, and resigned It
into his hands. His Majesty, sitting on his throne, having
accepted It, re-dellvered It to him, with the title of " Lord
Chancellor," making a speech very complimentary both to
the deceased and the Uving Chancellor.*
There was then a grand procession from the Palace to
Westminster Hall ; and in the Court of Chancery the Duke
of Norfolk, by the King's command, again administered the
oaths to the new Chancellor, and installed him in his office.
Although bred to the law, he had never been thoroughly
imbued with its principles nor versed in its forms ; and his
scanty legal learning had been almost entirely forgotten by
him since he had abandoned professional for political pursuits.
He accordingly found himself very Inadequate to the dis
charge of the judicial duties of his office, and the public com
plained loudly of his delays and mistakes. He continued to
sit during Easter and Trinity terms, pelted by motions which
he knew not how to dispose of, and puzzled by causes the
bearings of which he could hardly be made to understand ;
— perplexed by the confiicting assertions of the opposite coun
sel as to the doctrine and practice of the Court ; — ¦ his chief
solicitude being to conceal his Ignorance from the bar and
the by-standers ; — desirous to do what was right both for his
own conscience and his credit, — but with constant apprehen
sions that his decisions were erroneous, and that he was
* " Dras Rex in solio suo regali sedens et sigUlum prdum in baga predicta
inclusum manu sua tenens post verba ad prftum Thomam Wriothesley et alios
ibidem prestes habita, sigUlum illud prefto Thome Dno Wriothesley tanqra Dno
Cancellario Anglie tradldit et redellberavlt ipsumque Thomara Dmm Wriothesley
Caneellarium suum Anglie constituit." The entry then goes on to specify the
nimes qf the Master of the Rolls, and a large assemblage present, and to state that
the Chancellor having opened the bag and taken out the seal, sealed a writ with
it and restored it to the bag, carried it off with him, and describes the ceremony
of his swearing in; but instead of again setting out the oath of supremacy,
merely says, " L Thomas Wriothesley, Knight, Lorde Wriothesley, Lorde Chan
ceUor of England, havynge now the valle of darkness," &c,, ut supra.

LORD CHANCELLOR WRIOTHESLEY. 645
ridiculed In private, even by those who flattered him in his CHAP.
presence. At last the long vacation came to his relief, during

which, in those times, the tranquIUIty of the ChanceUor was His unhap-
little disturbed by motions for Injunctions or summary appli- piness.
cations of any sort.
He now applied himself to the study of the few cases in He tries to
the recent Year Books as to where " a subpcena lies," and Equity.
tried to gain information from the officers of the Court to
qualify him for a more satisfactory performance of his part In
" the marble chair ; " but as Michaelmas term approached, his
heart failed him, and he resolved not again to expose himself
to the anxieties and indignities he had before suffered.
Nevertheless, he by no means intended to resign the Great
Seal, and, with the King's consent, on the 9th of October,
1544*, he issued a commission to Sir Robert Southwell, Commls-
Master of the RoUs, and several others, to hear causes In the assist him
Court of Chancery during his absence. He afterwards took ™ hearing
." .11 f f 1 causes.
his seat in court occasionally, as a matter ot torm ; but on
these Commissioners he, in reality, devolved all the judicial
business of his office during the remainder of the reign of
Henry VIIL, and he devoted himself entirely to matters of
state and religion.
There was now profound peace with France and the Em- His re-
peror, and the pubUc attention was absorbed by the struggle bigotry.
between the favourers and opposers of the new doctrines.
The Chancellor was at the head of the latter party, and
showed the qualities of a Grand Inquisitor, rather than of an
enUghtened minister to a constitutional King.
Henry, his pride and peevishness Increasing as his health
decUned, was disposed to punish with fresh severity all who
presumed to entertain a different speculative notion from
himself respecting rellgioi^ particularly on any point em
braced by the " Six Articles " framed against Lutheranism ;
and the Chancellor, Instead of restraining and soothing, urged
on'*and Inflamed his persecuting spirit.
In spite of all these efforts the reformed doctrines gained Anne
ground, and were even becoming fashionable at Court under turedVnd"

Rot, Cl. 36 H. 8.
T T 3

646 REIGN OF HENRY VIII.
CHAP, the secret countenance of the Queen. The alarm was given
 '_ by the Indiscretion of Anne Ascue, one of her maids, a young
burnt by l^^y of great beauty, of gentle manners, and warm Imaglnatlojn,
the Lord .^^lo had had the temerity to declare In a large company,
ChanceUor, ,., .. ,., • i- ^ i
"that m her opinion, after the consecration ot the elements
In the sacrament of the Lord's supper, the substance of bread
and wine still remains In them." This conversation being
reported to the King and the Chancellor, she was summoned
and examined before the Council. Being menaced by Bonner,
who was beginning to show that disposition which proved so
formidable In a succeeding reign, she recanted* to a certain
degree, but still under qualifications which were not satis
factory, and she was committed to prison on a charge of
heresy. This severity only heightened her enthusiasm : she
now saw the crown of martyrdom within her reach, and she
resolved to court it by boldly asserting her reUgious principles.
A letter which she wrote to the King, saying, " as to the
Lord's Supper, she believed as much as Christ himself had
taught or the Catholic church required, but that she could
' not assent to his Majesty's explication of the doctrine," was
considered a fresh Insult, and as it was suspected that
she was countenanced by the leaders of the Lutheran party
at Court, the Lord Chancellor went himself in person to
Interrogate her In the hope of obtaining some evidence against
Cranmer, or against the Queen herself. Anne freely an
swered all the Chancellor's questions respecting her own faith,
but she maintained an Inviolable fidelity to her friends, and
would give no Information as to her Instructors or participators
in the heretical opinions she expressed. According to a cus
tom then common, defended by_ high authority as necessary
to religion and good government, and not entirely abolished
in England for near a century afterwards, she was thereupon
ordered to be put to the torture. This being applied with
great barbarity without extorting any confession, the Chan
cellor ordered the Lieutenant of the Tower to stretch the
rack still further. The refractory officer refused compliance,
though repeatedly ordered by the highest Judge In the land,
and menaced with the King's displeasure and the utmost ven
geance of the law. Thereupon (such are the enormities which

LORD CHANCELLOR WRIOTHESLEY. 647
may be prompted by superstitious zeal!) Wriothesley, — on CHAP,
ordinary occasions a humane man, — now excited by resistance, ^^^V,
and persuading himself that discoveries might be obtained '
which would do service to God, put his own hand to the rack
and drew It so violently, that he almost tore asunder the
tender limbs of his youthful and delicately formed victim.
Her constancy still surpassed the barbarity of her persecutor,
and he was obliged to withdraw, baffled and discomfited, lest
she should die under his hands without the form of trial.*
When he made complaint, as he had threatened, of the
clemency of the Lieutenant of the Tower, It should be re
corded that Henry approved of the conduct of this officer,
and refused to dismiss him. It was resolved, however, to pro
ceed against Anne Ascue, according to the existing statutes ;
and she was brought to trial, with several others, for denying
the real presence. A clear case was proved against them ;
and, under the law of the Six Articles, they were duly sen
tenced to be burnt. Anne was still so much dislocated by
the rack, that she was carried In a chair to the place of
execution. The Chancellor, in the hope of saving the criminals, or of The chan-
aggravating their guilt, made out a conditional pardon to offg°"f
them, to which, with the King's consent, he affixed the Great pardon to
Seal ; and when they had been tied to the stake, — before the ^""ue.
torch was appUed to the fagots which were to consume them,
he communicated to them that the pardon which was shown
them should be instantly handed to them if they would de
serve It by a recantation. Anne and her companions only
considered this offer a fresh garland to their crown of martyr
dom ; and continuing their devotions, calmly saw the devour
ing flames rise around them, f
Wriothesley soon after thought that he had got into his His at-
power a nobler victim, and that he might offer up a stUl a^^^^/^j 4,,^
more acceptable sacrifice. It should be borne in mind that. Queen,
during this reign, the situation of Queen was considered an
* I am sorry for the honour of the law to say that Griffin, the Solicitor
General, was present at this scene, and, Instead of interceding for Anne, recom
mended himself to the Chancellor by tightening the rope with his own hand to
add to her torture,
t Fox, vol, 11, p, 578, Speed, p. 780. Baker, p. 299,
T T 4

648

REIGN OF HENRY VIII.

CHAP.
XXXV.

Prosecu
tion or
dered
against the
Queen.

Her terror.

office at Court to be struggled for by contending factions.
The CathoUcs were most active In the prosecution of Anne
Boleyn, and the divorce of Anne of Cleves ; the Reformers
had been equaUy active in the divorce of Catherine of Aragon,
and the prosecution of Catherine Howard. Now the Ca
tholics were eager to pull down Catherine Par, In the hope
that a true CathoUc might take her place on the throne.
What no saint would promise to the supplicating Wriothesley,
and what the rack would not accomplish for him, he thought
that chance, or rather the good providence of God, had un
expectedly brought to pass.
Gardyner came to, him one morning to announce that the
King had been gravely complaining to him of the Queen, for
abetting Lutheran doctrines In their tHe-a-tete conversations,
and for secretly sinning against the Six Articles ; and that
his Majesty had favourably listened to the remarks he had
hazarded to make to him, " that such misconduct could not be
winked at by a King anxious for preserving the orthodoxy of
his subjects." The Chancellor flew Into the royal presence
to take proper advantage of this disposition, and eagerly
represented, " that the more elevated the Individual was who
was made amenable to the law, and the nearer to his person,
the greater terror would the example strike into every one,
and the more glorious would the sacrifice appear to posterity."
Henry was so much touched by these topics, that he directed
articles of Impeachment to be drawn up against his consort,
so that she might forthwith be brought to trial and arraigned ;
and ordered that the following day she should be arrested by
the Chancellor himself, and carried to the Tower of London.
Wriothesley joyfully drew the articles, and brought them to
the King for his royal signature ; without which. It was not
deemed regular or safe to take any further step In the prosecu
tion. Henry signed the paper without hesitation, and the
execution of another Queen seemed Inevitable.
By some means, the contents of this paper became known
to a friend of Catherine, who instantly warned her of her
danger. She fainted away at the inteUigence. On recovering
her senses, she uttered frightful shrieks, and she well might
have anticipated, after a mock trial, a speedy death on Tower

LORD CHANCELLOR AVRIOTHESLEY. 649
HIU ; for hitherto the King had never relented In any capital CHAP,
prosecution once commenced against wife or minister. She  '
was told that her only chance of escape was to seem ignorant
of his intentions, and to try to soothe and to disarm him
before there should publicly be taken against her any step,
from which he could not recede without risking his reputation
for firmness and courage. She showed much presence of Her dls-
mind, and went to pay the King her usual visit with a '='''''^""-
tranquil and cheerful air. He began, as he had lately done,
to challenge her to an argument on divinity, thinking he
should obtain a stUl plainer avowal of her heterodoxy. But
she said, " she humbly hoped she might be permitted to de
cline the conversation, as such profound speculations were
Ul-suited to the natural imbecUIty of women, who, by their
first creation, were made subject to men, the male being
created after the Image of God, the female after the image of
the male; It belonged, therefore, to the husband to choose
principles for his wife, the wife's duty being. In all cases, to
adopt implicitly the sentiments of her husband. As for her
self. It was doubly her duty, being blest with a husband who
was qualified by his learning and judgment, not only to pre
scribe articles of faith for his own family, but for the most
wise and knowing of every nation." This speech, so artfully
adapted to his pecuUar notions of female submission and his
own fancied superiority, delivered with such apparent sin
cerity, — for he did not suspect that she was at all aware of
the pending prosecution, — so pleased him, that he exclaimed,
" Not so ! by St. Mary ; you are now become a doctor, Kate,
and better fitted to give, than to receive instruction."
She followed up her success by meekly observing, that she King re-
was Uttle entitled to such praise on the present occasion, as j™"''^^ *"
the sentiments she now expressed she had ever entertained ;
that, though she had been In the habit of joining in any con
versation proposed by his Majesty, she well knew her concep
tions on any topics beyond domestic affairs could only give
him a little momentary amusement; that, finding their col
loquy sometimes apt to languish when not quickened by some
opposition, she had ventured to feign a difference of opinion,
in order to give him the pleasure of refuting her, and that all

630

REIGN OF HENRY VIII.

CH,4P.
XXXV.

Chancellor
comifig to
arrest her,
is repri
manded.

Chancellor
made Knight of
the Garter.

A parlia
ment.

she purposed by this artifice, which she trusted he would
deem innocent, was to engage him in discussions, whence
she had herself derived profit and Instruction. " And Is It
Indeed so, sweetheart?" replied the King; "then are we
perfect friends."
Luckily for her, there was no fair maid of her's on whom
he had cast an eye of affection, and whom he had destined for
Queen, — or aU Catherine's eloquence would not have saved
her from the penalties of heresy and treason; — but having
no other Inclination, and having been pleased with her as a
companion and a nurse, he sent her away with assurances of
his kindness and protection.
Next day Henry and Catherine were conversing amicably
In the garden when the Lord Chancellor, Ignorant of the
King's change of Intention, appeared with forty poursulvants
to arrest her, and carry her to the Tower. She withdrew to
some distance, saying that she supposed the Chancellor
wished to speak with his Highness on public business. From
where she stood she could hear the appellations of " Fool,
knave, and beast," bestowed with great emphasis upon the
Chancellor, and an order at last given to him by the King,
In a resentful tone, to depart his presence. When Wriothes
ley was gone, Catherine ran up to the King, and tried to
soothe him by putting In a good word for the object of his
anger. " Poor soul," cried he, " you little know how IU
entitled this man Is to your kind offices."
The orthodox Chancellor was still on the watch to find an
occasion to do an ill turn to her whom he justly suspected of
being in her heart Lutheran ; but Catherine, cautious after
narrowly escaping so great a peril, never more offended
Henry's humour by any contradiction, and remained In his
good graces to the end of his life.
Wriothesley was now employed as a Commissioner to con
clude a treaty with Scotland, and conducted the negotiation
so much to Henry's satisfaction, that he was InstaUed a
Knight of the Garter, being the second ChanceUor who had
reached this dignity.
On the 23d of November, 1546, met the only parliament
called while Wriothesley was Chancellor. We do not find

LORD CHANCELLOR WRIOTHESLEY. 651
any where his speech at the opening of the session; but if CHAP.
we may judge from what took place at the prorogation, ^^^V.
it had not been much applauded ; and certainly it had not
flattered the King to his liking.
The first act of the session was to take away from the Appoint-
ChanceUor a patronage which, the preamble recites, hsid been custos Ro
greatly abused, of appointing the Custos Rotulorum In every tuiorum °'
county, and to provide that the appointment thereafter shall '^le'^GiTat"
be directly by the King.* But the great object of the King Seal.
was to have made over to him by parliament certain coUeges,
chantries, and hospitals, with very extensive possessions, which
were supposed to be connected with the Pope as their re
Ugious head, and were now dissolved, f The plunder of the
monasteries was all dissipated, and, notwithstanding large
subsidies, the Exchequer was empty. But this new fund,
managed by the Court of Augmentations under the Chan
ceUor's superintendence, brought in a tolerably sufficient
revenue during the remainder of Henry's reign.
At the close of the session, after the Speaker of the House Kino-'s
of Commons had delivered his oration, the King himself made ¦'P^'^sh after
, , . . . . ,. Chancel-
the reply, beginning in a manner not quite complimentary to lor's.
Lord Chancellor Wriothesley. " Although my Chancellor
for the time being hath before this time used very eloquently
and substantially to make answer to such orations, yet is he
not able to open and set. forth my mind and meaning, and
the secrets of my heart. In so plain and ample a manner as I
myself am and can do." His Majesty then, with modest
vanity, disclaims the praises bestowed upon him ; but In such
language as shows that he conceived they were well merited.
" But of such small qualities as God hath endued me withal,
I render to his goodness my most humble thanks, intending,
with all my art and diligence, to get and acquire to me such
notable virtues and princely qualities as you have alleged to
be incorporate in my person," J
"This was the last time that Henry ever appeared upon the King's
throne before ParUament. He had now grown Immensely '"""''''¦
corpulent ; he was soon after unable to stir abroad, and In
* 37 Hen. 8. c, 1. f 37 Hen. 8. c. 4. t 1 Pari. Hist. 562.

652

REIGN OF HENRY VIII.

CHAP,
XXXV.

Chancellor
makes the
King's will

Prosecu
tion of
Duke of
Norfolk
and Lord
Surrey,

his palace he could only be moved from one room to another
by machinery. All began to look forward to a new reign,
and. there was Intense anxiety as to the manner In which
Henry would exercise the power conferred upon him by
parliament to provide for the government of the country
during the minority of Prince Edward, and to direct the
succession to the Crown on the death of his own children
without Issue.
Wriothesley, the ChanceUor, had the most constant .access
to him, and was eager that a settlement should be made the
most favourable to the Catholic faith ; but he was thwarted
by the Seymours, the young Prince's uncles, who were strong
favourers of the Reformation, and determined, upon the
accession of their nephew, to engross the whole royal authority
into their own hands. The King's will, drawn by Wriothesley,
was at last executed, but whether with the forms required by
law Is still a matter of controversy.* By this will Wriothesley
himself was appointed one of the sixteen Executors, to whom
was intrusted the government of the realm tiU the Prince,
then a boy nine years old, should complete his eighteenth
year, and he counted, with absolute certainty, upon the
Great Seal remaining in his hands during the whole of that
interval. Through the agency of the Chancellor, Henry's reign
had a suitable termination in the unjust prosecution of the
Duke of Norfolk and the Earl of Surrey, the greatest
subjects in the kingdom, the father deserving respect for
his devoted services to the Crown, not less than for his
illustrious birth; and the son, distinguished by every ac
complishment which became a scholar, a courtier, and a
soldier, refining the language and softening the manners of

* On the question, whether the power given to Henry to appoint to the suc
cession was duly executed, depended in strictness the right of the Stuarts to the
throne ; for he excluded them, preferring the issue of his younger sister, married
to the Duke of Suffiilk, whose descendants still exist. The better opinion seems
to be that the signature by the stamp, though affixed by the King's command,
was defective. Wriothesley was not by any means an accurate lawyer, and in the
hurry in which the instrument was executed, there is no Improbability in sup
posing that the conditions of the power were not strictly fulfilled. At all events,
after a lapse of 300 years, and the subsequent acts of settlement, our allegiance
cannot much depend on this nicety. — See Hall. Const. Hist., vol. i. p. 393.

LORD CHANCELLOR WRIOTHESLEY. 653
the age, — uniting the briUiant qualities of chivalry with the CHAP.
^ ^ taste and cultivation of modern times, — celebrating the ^^^^'
praises of his mistress In the tournament, as well as In the
sonnet and the masque. It can hardly be supposed that
Wriothesley planned their downfall, for they were of the
same reUgious faith with himself, unless it may be conjectured
that he himself wished to be the head of the party, and to
guide all its measures in the succeeding reign. But admitting,
what is more probable, that the Seymours, dreading the
Infiuence of the House of Howard, were the original instiga
tors of this prosecution, Wriothesley, instead of resisting it,
sanctioned and promoted it, — making himself accessory to the
murder of the son, — and not having likewise to answer for that
of the father, only by being suddenly freed from the Inhuman
master whose commands he was afraid to disobey or to ques
tion. He concurred In the commitment of both of them to the
Tower on the same day. Surrey being a commoner, a com- Jan. 1547,
mission under the Great Seal was Issued for his trial before a of's^Jgy"
jury; and this hope of his country, a man of undoubted
loyalty and unsullied honour, being convicted of high treason
on no better evidence than that he had quartered the arms of
Edward the Confessor on his scutcheon, — by authority of a
warrant signed by the ChanceUor, was Immediately executed.*
It was necessary to deal with the Duke of Norfolk as a Attainder
Peer. A session of parliament being called on the 14th- of ^o^fojjf" *^
November, 1547, on the 18th a bill was brought Into the
House of Lords for his attainder, and passed that House on
the 20th. The overt act of treason was, that he had said
that " the King was sickly and could not hold out long, and
the kingdom was Ukely to fall into disorders through the
diversity of religious opinions." The bill being returned
passed by the House of Commons on the 24th, the Lord
Chancellor on the 27th, having ordered all the Peers to put
on their robes, and the Commons, with their Speaker, to at
tend at the bar, declared to both Houses that his Majesty
wishing the bill for the attainder of the Duke of Norfolk to
be expedited, that his office of Earl Marshal might be filled
* 1 St. Tr. 453.

654

REIGN OF HENRY VIII.

CHAP.
XXXV.

Death of
HenryVIIL

Tears of
the Chan
cellor.

up by another, and being hindered by sickness from coming
to give his royal assent to it In person, he had directed a
commission to pass the Great Seal, authorising him and other
Peers to give the royal assent to it in the King's name. The
commission being read, the Lord Chancellor commanded the
clerk of parliament to pronounce the words, Soit fait come il
est desir'e ; and so It being passed Into a law, a warrant was
issued for the execution of Norfolk on the 29th of January.*
But early in the morning of that day news was brought to
the Tower that Henry had expired in the night, and the
lieutenant gladly suspended the execution of a sentence so
unjust and tyrannical.
In the reign of Mary the attainder was reversed, on the
ground that the offence of which he was accused was not
treason, and that Henry had not signed the commission. In
virtue of which his pretended assent hd.d been given to the
act of parliament.
On the 31st of January the Lord Chancellor formally
announced the King's death to both Houses : and, says the
Journal, " the mournful news was so affecting to the Chan
cellor and all present that they could not refrain from tears ! " |
It Is Impossible that there should not have been a general joy
at the deliverance of the country from the rule of such a
heartless tyrant, | '
A few sentences will be sufficient to notice the state of the

» 1 St, Tr. 457. 1 Pari. Hist. 561.
•j" Several of the successors of St. Swithin have been much given to crying, and
we shall hereafter see one of them weeping so as to recall " the iron tears which
rolled down the cheeks of Pluto."
:|: I must express my astonishment and regret to find the character and con
duct of Henry defended by such an able writer and excellent man as Mr. Sharon
Turner, who thus apologises for his worst acts ; — " None of these severities were
Inflicted without the due legal authority. The verdict of juries, the solemn
judgment of the Peers, or attainders by both Houses of parliament on off'ences
proved to its satisfaction, pronounced all the convictions, and produced the fatal
sentence. Every one was approved and sanctioned by the cabinet council of the
government. The King is responsible only for adopting the harsh system, for
not Interposing his prerogative of mercy, and for signing the death warrants
which ordered the legal sentences to be put in force. He punished no one
tyrannically without trial or legal condemnation." — Turner's Hist. Engl., vol, x,
p. 532. What diff'erence is there between procuring a house of parliament
or a jury to convict an Innocent man of a capital charge, and hiring an assassin
to take away his life ? The most dangerous species of murder is that which is
committed under the forms of law.

STATE OP THE LAW. 65.5
equitable jurisdiction of the Court of Chancery, and the CHAP.
changes in the law during this reign. By the Statute of ^^^^•

Uses, 27 H. 8. c. 10., It was proposed to confine all contro- juridical
versles respecting land to the Courts of common law, by review of
preventing a severance between the legal and beneficial He°nry
estate ; but the conveyancers and the Judges repealed the ^^^^•
act of parliament by the addition of three words to a deed ;
and " uses" being revived under the name of " trusts," the ju- Statutes,
risdiction of the Court of Chancery over land was confirmed
and extended. The Statute of WiUs, 32 H. 8. c. 1., for the
first time gave a general power of devising real property;
and the Statute of Limitations, 32 H. 8. c. 2., conferred an
Indefeasible right to it after an adverse possession of sixty
years. The first Special Commission for hearing causes in Chan- Commls-
cery was granted in this reign, while Cardinal Wolsey was ^"'" '" '^™'
./ c2 o ^ J causes,
sitting on the trial of Catherine's divorce. It was directed
to the Ma,ster of the Rolls, four Judges, six Masters, and
ten others, and authorised them, or any four of them, two
being the Masters of the RoUs, Judges, or Masters, to hear,
examine, and finally determine all causes In Chancery com
mitted to them by the Chancellor, and to order execution
thereon.* Although there are some valuable reports of common-law Reports,
cases in this reign, there is no trace of any of the decisions
of Chancellors Warham, Wolsey, More, Audley, or Wri
othesley ; and the rules by which they guided their discretion
still remained vague or unknown.
In this reign there were several instances of the Court of
Chancery pronouncing decrees for divorces ; and there seemed
a probability that it would assume a jurisdiction to decree
the specific performance of a contract to marry, and a restitu
tion of conjugal rights ; but it was afterwards held, that the
Ecclesiastical Court alone has cognisance of marriage and
dlwrce.f * Rym. xiv. 299. This commission has since been followed as a precedent
for delegations of the judicial authority of the Chancellor.
+ See Tothill, 124. De Manniville v. De MannivlUe, 10 Ves. 60. In America
the Court of Chancery stiU decides in matrimonial suils.

656

REIGN OP EDWARD VI.

CHAPTER XXXVI.

CONCLUSION OF THE LIFE OF LORD CHANCELLOE WRIOTHESLEY.

CHAP.
XXXVI.
Jan. 28.
1547.
EdwardVI. pro
claimed. Wrio
thesley expects to
retain Great Seal,
and to have
the chief
powerduring King's
minority.

SomersetProtector.

On the same day that Henry died the young King was
proclaimed; and the sixteen Executors assembled in the
Tower to commence their government In his name.
Wriothesley thought he had so arranged matters that the
chief power would be in his own hands. Archbishop Cran
mer was the firSt on the list ; but he was not expected to mix
much with secular affairs. Next came the ChanceUor, who
would naturally be looked up to as the real head, and would
be enabled to guide the deliberations of the body. He there
fore was most anxious that the King's will should be strictly
observed ; and as soon as they had taken their places at the
board, and the wIU had been read, he moved " that It be re
solved not only to stand to and maintain the testament of
their master the late King, and every part and article of the
same to the uttermost of their power, wits, and cunning, but
also that every one of them present should take a corporal
oath for the more assured and effectual accomplishment of
the same." This resolution could not be decently objected
to ; the oath was taken, and the Chancellor thought himself
secure. But the ceremony of swearing had hardly been concluded,
when the Earl of Hertford, the King's uncle, who, as Lord
Chamberlain, was only fourth In precedence In the Council,
but who was determined to get all power into his own hands,
suggested that, for the despatch of business, for the facility
of communicating with foreign ambassadors, and for the pur-.
pose of representing on other occasions the person of the
young Sovereign, it would be necessary to elect one of the
Council to preside, with such title as might be agreed upon ;
and that he himself would willingly submit to any one whom

LORD CHANCELLOR WRIOTHESLEY. 657
a majority might prefer. Thereupon, according to a con- chap,
certed plan, a creature of Hertford's moved that he, as ^^^VL
nearest In blood to the King, and not In the line of suc
cession to the throne, and eminent for his abilities and
virtues, should be appointed governor of the King's persoil,
and Protector of the realm. ^
Wriothesley rose, and with fury opposed a measure which
he saw would reduce himself to insignificance. He Insisted
that it would be a direct infringement of the late King's will,
which, being made under a statute, had all the force of an
act of the legislature, and could not be altered but by the
same authority which had established it. By the words and
the spirit of the instrument under which they were there
assembled, all the executors were equal, and were intended
to remain so during the King's minority; and It would be
monstrous to place one of them over the rest as Protector, —
an undefined and ill-omened title, which the chronicles showed
was always the forerunner of broils and civil war.
To his astonishment and consternation, however, he found
that he made no Impression upon his audience, and that a
majority had been secured by his rival, who had been lavish
in his promises in case he should be elected. Wriothesley
was likewise -personally unpopular, and his adherence to the
old religion was strongly against him, — the current now
running very strong In favour of the Reformation. Seeing
that opposition would be vain, he abstained from caUIng for
a division ; and he pretended to be contented with an assur
ance, which he knew would prove fallacious, that the new
officer should in no case act without the assent of a majority
of the Council.
All the Lords, spiritual and temporal, were now assembled Young
In the Chamber of Presence, Into which the Executors con- King's first
¦n-t TT-11- •1'1'T appearance
ducted the young Edward. Each in succession having kissed in public
his hand kneeling, and uttered the words " God save your
Grace ! " the ChanceUor explained to « the assembly the dls'^
positions In the wiU of their late Sovereign, and the resolu
tion of the executors to put the Earl of Hertford at their
head, — without hinting at his own disapproval of this step.
All present unanimously signified their assent ; ¦ the new Pro-
VOL. I. u u

658

REIGN OP EDWARD VI.

CHAP,
XXXVL

Honours
conferredby the Ex.
ecutors on
themselves.

Wriothes
ley made
Earl of
Southamp
ton, Intrigues
in the
Council.

tector expressed his gratitude for " the; honour which had
been so; unexpectedly conferred upon him;" and Edward,
piUUngoffhls cap, said, "We heartUy thank you, my Lords
aU ; and hereafter, in aU that ye shaU have to do with us for
any suit or causes, ye shaU be heartily welcome."
In the next measure of 'the new government, there was the
greatest respect professed for the late King, and It had the
unanimous support of aU the executors. There was a clause
in Henry's will, requiring them " to see that aU the promise?
he had made in his lifetime should be fulfiUed after his death,"
— without any statement in writing what those promises
were. According to the precedent of Anthony, acting as
executor under the will of Csesar, — they asserted that what
was convenient to themselves had been promised by the tes
tator. Three gentlemen of his privy chamber, with whom
he had been most famUiar, and who knew that their assertion
would not be questioned, being called before the Board of
Regency, declared they had heard Henry say,' shortly before
his death, that he Intended to make Hertford Duke of
Somerset, Wriothesley Earl of Southampton, — and so to'con-
fer on all of them the titles In the peerage which they coveted
— down to Sir Richard Rich, who was to be mate Baron Rich;
— with suitable grants to all of them to support their new dig
nities. It should be recorded, to the honour of two of the
council, St. Leger and Danby, that they declined the pro
posed elevation ; but all the rest accepted it, and our Chan?
ceUor became the Earl of Southampton. *
Though he gained his title, he speedily lost his office.
Notwithstanding a seeming reconciliation, as often as he and
the Protector met in council, it was evident that there was
a bitter enmity between them. Wriothesley, under pretence
that nothing was to be done by the Protector without the
authority of a majority of the executors, tried to form a party
against him, and thwarted him in aU his measures. Somerset,
feeUng that he then jiad a decided majority in the council,
but doubtful how long with such intrigues it might last, was

• However, he is not known in history by this title, and I shall continue to
call him by his famuy name.

LORD CHANCELLOR WRIOTHESLEY. 659
resolved, as soon as possible, to get rid of so dangerous a chap.
competitor. - xxxvi.
' The Chancellor soon furnished him with a pretence. We char<re
have seen how, in the time of Henry VIIL, disliking judicial agalnlt
business, and feeling himself incompetent to It, he issued, iey"for^^^'
with the King's consent, a commission to the Master of the js^ulng an
Rolls and others to sit for him in the Court of Chancery.* mission.*"""
Now, that he might enjoy ease, and devote himself to his
ambitious projects, he of his own mere motion, without royal
warrant, or the authority of the Board of Regency, Issued a
similar commission to four lawyers, empowering them to hear
aU manner of causes In his absence ; and giving to their
decrees the same force as if they had been pronounced by
himself, provided that, before enrolment, they were ratified
by his signature.
Upon the Commissioners taking their seats In the Court
of Chancery, there were murmurs among the barristers ; and
these coming to the ears of the delighted Somerset, he secretly
suggested that a petition upon the subject should be presented
to the Council. This being received as the spontaneous
complaint of '^the undersigned, actuated by a great respect
for the constSmlon, and the due administration of justice,"
a reference was made to the Judges to pronounce upon th<^
validity of the commission, and the nature of the offence
committed by issuing It, if it were illegal. The ChanceUor
did not resist this proceeding, being in hopes that the Judges
would take part with the head of the profession ; but they,
anticipating his downfall, returned for answer, that "the
Chancellor having affixed the Great Seal without sufficient
warrant to the commission, the commission was void, and
that he had been guilty of an offence against the King,
which, at common law, was punishable with loss of office,
and fine and Imprisonment, at the King's pleasure." He
caUed for a second reference to them, on the ground that
they had not properly considered the question, thinking that
he might procure some of them to retract. They counted
on the firmness of the Protector, and aU adhered to their
* Ante, p. 645.
u .' 2

660

REIGN OP EDWARD VI.

CHAP.
XXXVL

His de
fence.

He sub
mits.

March 6.
1547.
He is de
prived of
the Great
Seal, and
expelled
from the
Council.

former opinion. A'motion was now made in council to pro
nounce judgment against hina, of deprivation of his office of
Chancellor, and to s^ptence him to fine and Imprisonment.
He spoke boldly and ably in his defence, treating the opinion
of the Judges with great contempt; and arguing that the
commission was fully justified by former precedents. But if
It were IUegal for want of any form, he contended that the
Council could only revoke It ; and to avoid dispute, he was
wiUing that it should at once be cancelled. He added, that
if they hesitated to allow him the assistance enjoyed by
former ChanceUors, he was himself ready to do all the duties
of the office in person ; but that, holding the office by patent,
— and the late King's will, made under an act of parliament,
having confirmed the grant, he could not be deprived of It
during the minority of Edward. If there were any charge
against him, he appealed to parUament, which alone could
deal with his case.
He found, however, a most determined resolution against
him in a majority of the Council, and he knew not to what
extremities they might resort if he continued to "defy them.
To avoid going to the Tower, he said he should submit to?
their pleasure, and begged permission (which 'was granted)
that he might return to his house in Ely Place, Holborn,
while they deliberated upon his fate.
It was Instantly resolved that he should be removed from
the office of Chancellor and his seat In the Council. The
same evening the sentence was communicated to him, with
an intimation that he must remain a prisoner iu his house
till, upon further deliberation, the amount of his fine should
be ascertained. Lord Seymour of Sudley, the Protector's
brother. Sir Authony Brown, and Sir Edward North, were
Immediately sent to demand the Great Seal from him. He
quietly surrendered It to them, and they carried It to Somer
set, who, on receiving It into his hands, said to himself, " I
am at last Lord Protector." * But, freed for a time from

 * The entry of this transaction in the Close Roll Is very curious. '- Mem.
qd Die Dnica vldelt, &c. Magnum Sigillura ipsius Diu Regis in custodia
Thome Comitis Southampton tunc Cancellar. Anglie existens per mandatum
ejusdem Dni Regis de avisamento Dni Duels Somerset psone regie Guberna-

LORD CHANCELLOR WRIOTHESLEY. 661
all rivalry, he played such fantastic tricks that he raised up chap.
fresh enemies, disgusted the-Tiation, and, before long, was ^^^'^^•
himself brought to the block. ' ^
No sooner was Wriothesley removed than the Protector New
caused the Great Seal to be affixed to letter^ patent, formally ^°XVor
setting aside the King's wIU, and conferring on himself the
whole authority of the Crown. A new Council was ap
pointed, from which Wriothesley was excluded, with power
to the Protector to add to their number, and to select from
the whole body such individuals as he should think fit to
form the Cabinet ; but he was not bound to foUow their ad
vice, and he was empowered in every case to decide accord
ing to his own judgment tUl the King should have completed
his eighteenth year.
Wriothesley was not further molested, and remained quiet Wrlothes-
for two years, tlU the Protector, by the execution of his bro- '^^ *'^.°
*' 'J years in
ther Lord Seymour, and the contempt with which he treated retirement,
all who approached him, and the imbecility and rashness of
his measures of government, had rendered himself unversally
odious, and was tottering to his fall.
The Ex-chanceUor now contrived to get himself reinstated Sept. 1549.
In the Council, and he associated himself with Dudley Earl ia"i?y^f"
of Warwick, a man, from his energy and want of principle. Protector.
rising into consequence, and destined soon to fill a great "^^rlothes-
space in the eyes of mankind. They formed a party, to to the
which they drew In the Earl of Arundel, Lord St. John, and C""""'-

torls ac Regn. Protectorls necnon aliorum de consilio suo in manus ejusdem
Dai Regis resumptum est idemque Comes adtunc de officio Cancellarii Angl.
ob offens, et transgress, pr ipsum perpetrat. et alias justas et ronabiles causas
exonatus et amotus fuit. Sup. quo idem Mag. SiglU. in quadam baga de corio
inclusum et coopt. alia baga de velveto rubeo' insigniis regiis ornat. per eumdem
Comitem prtextu mandatl prdci apud Hosplt. ejusdem Comitis in Holbourn
London vocat. Ely Place in quadam interiori Camera ibidem cirea horam
septlmara post meridiem ejusdem diei nobil. vlris Thome Seymour sacrl ordinis
garteri mlliti Dno. Seymour de Sudley, &c. libatura fuit Rusquidem Thomas
Dns. Seymour, &c, Sigillum prdm. in baga predicta Inclusum et sigillo Ips.
Comitis munltum de manibus ips Comitis recipiet illud circa horam nonam
post raeridlem prci diei in prsencla Wolli Paulet, &c. prnobili viro Edwardo
Duci Somerset Dno Protectori prdco in Camera sua infra nov. Palac. West.
prfto Dno Regi prstand. libaverunt."

' This is the first mention I find of the red velvet bag, with the royal arms, in

which the Great Seal is now inclosed.

662

EEIGN OP EDWAED VL

CHAP.
XXXVL

October,
1549.

Proceed-^
ings against
the Pro
tector.

He is com
mitted to
Tower,

Wriothes
ley hopes
to enjoy
supremepower.

several other members of the Council, and, holding their
meetings at Ely Heuse, prepared measures for depriving
Somerset of aU his autlaority.
At last the crisis arrived. The CounciUors assembled In
Holborn, assumed to themselves the functions of government,
and professed to act under the powers conferred wpon them
as executors under the late King's will.
The Protector carried off the King from Hampton Court
to Windsor Castle, under an escort of 500 men, and Issued
orders to the adjoining counties to come In for the guard of
the royal ;^erson. A manifesto was issued, prepared by Wri
othesley, forbidding obedience to these orders, detaUIng the
misconduct of the Protector, and accusing him of a design,
after the destruction of the nobUity, to substitute himself In
the place of the young Sovereign. The Lord Mayor and
citizens of London took part with the CouncU ; most of the
executors joined them ; the Protector found himself deserted
at Windsor ; and Secretary Petre, whom he had despatched
with a threatening message to Ely House, Instead of return
ing, sent him word that he adhered to the lawful govern
ment. ¦ '
Somerset was as abject In his adverse fortune as he had been
insolent in prosperity. He submitted unconditionally to aU
the demands of his adversaries, abdicated the Protectorship,
allowed himself to be quietly committed to the Tower, and
there signed a confession of the articles of charge which his
enemies had drawn up against bim.
These proceedings had been chiefly conducted by the ad
vice of Wriothesley, who was now at the height of exult
ation, not only from the prospect of being reinstated in his
office of ChanceUor, but (what he reaUy valued more, though
a man of great personal ambition) of being now able to check
the Reformation, which Somerset had so much favoured, and
of bringing back the nation to the true faith. Warwick had
hitherto pretended to be of the same religious principles, and
he reckoned, without any misgiving, on his co-operation, 
resolved to retain his own ascendency. But he suddenly
found that he had been made the tool of a man of deeper
Intrigue, who was not embarrassed by any regard to principle

J

LORD CHAJNCELEOR WRIOTHESLEY. 663
or consistency. He saw himself at once drop into insie;- chap-
nincance, and the Reformation' received a new impulse. War-  '_
wick had the great advantage of being a man of the sword. Superseded
and he had acquired considerable reputation by his military ^^^{Ik^
exploits.. He was, besides, of captivating address, while the
manners of the Ex-chanceUor were cold and repulsive. The
councillors, the nobility, and the common people, therefore^
did not hesitate, at this juncture, to hail him as leader, and his
power was absolute. He is believed reaUy to have been In
favour of the Romish religion; but finding that the young
King was deeply Imbued with the new doctrines, and that
they were becoming more and more popular, he suddenly
turned round, and professed a determination steadily to sup
port all the ecclesiastical reforms introduced since the com
mencement of the present reign. -
Wriothesley, in anguish, made several bold attempts at Feb. i55o.
resistance ; but ndeeting with no support, and Warwick, who ?^'^^*u™f;o
thought he might become a dangerous rival, taking every op- life.
portunity to affront him, he withdrew from the Council, and
;. through disappointment and vexation he fell Into a dangerous
Illness, from which he did not recover. Never again- taking His death.
any part in pubUc affairs, he languished till the end of the
year 1550, and then died of a broken heart.
Shortly before his death he made his will, by which he left
his rich coUar of the garter to the King, aU his garters and
Georges to the Earl of Pembroke, and his large landed
estates to his sons.
Expiring in his town house, where Southampton Buildings
now stand, he was buried in the church of St. Andrew,
Holborn ; but there is no monument or inscription there to
mark the spot where his dust reposes.
In estimating his character, It would be most unjust to His cha-
apply to It the standard of modern times. In his age "'*'''^'^-
toleration was as little sanctioned by the followers of the
Rrformatlon as by the adherents to the Papal supremacy ; and
though we deplore the extremes to which he was carried by
his mistaken zeal, we must honour the sincerity and con
stancy by which he was distinguished from the great body of
the courtiers of Henry VIIL, and the leaders of faction in

^I

664

REIGN OF E&WARD VL <' ?

CHAP.
XXXVL
His^-
scendants.

the reign of Edward VL, who were at all times disposed to
accommodate their religious faith to their personal Interest.
His descendants continued to flourish In the male Une for
three generaP)ns, and were men of great not§L both under the
Tudors and StuM^ts. His gteat-grandson, the Earl of South
ampton, the personal friend of Charles I., and Lord Treasurer
to Charles IL, having no male Issue, the heiress of the famUy
was married to the unfortunate Lord Russell, and was the
famous Rachel Lady RusseU who behaved so heroIcaUy on
the trial of her husband, and whose virtues, extolled by
Burnet, are best Illustrated by her own simple, sweet, and
touching letters. The present Bedford famUy thus represent
Lord ChanceUor Wriothesley, resembUng him In sincerity
and steadiness of purpose, but happily distinguished for mild
ness and liberality Instead of sternness and bigotry.*

* Dugd. Barn. tit.
Russell. "

Southampton." Wiffin's " History of the House of

END OP THE FIRST VOLUME.

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