The Chancellors during this reign did nothing to be entitled to the gratitude of posterity, and were not unworthy of the mas[A.D. 1216.] ter 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 era in our constitutional history. National councils had met from the most remote times; but to the end of this reign their acts not being preserved 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. CHANCELLORS CHAPTER VII. DURING THE REIGN OF HENRY III. TILL THE APPOINTMENT OF QUEEN ELEANOR AS LADY KEEPER OF THE GREAT SEAL. HENRY III. on his accession, being still a child, the valiant Earl of Pembroke, who had held the office of Mareschal at the conclusion of the late reign, was elected Protector with royal authority, and he appointed RICHARD DE MARISCO Chancellor.* The conduct of these two men was wise and conciliatory. They immediately summoned a parliament, in which the Great Charter, with a few alterations, was confirmed in the name of the infant sovereign. 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, an ambitious and unprincipled man, who was constantly intriguing against him, and finally supplanted him. In the year 1226 a national council was held at Oxford, at which, contrary to the advice of the Chancellor, and by the instigation of Hubert de Burgh and De Neville, the King, after declaring himself re * Pat. Rol. 3 H. 3. m. 14. Spel. Gloss. 100. Or. Jur. 8. solved to take the management of public 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 alleging that they were invalid, having been granted during his minority, when there was no power in his own person or his seal to infringe the prerogatives of the Crown. This was followed 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 Justiciary 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 uncontrolled 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 following reprimand: "Richard, by the grace of God Bishop of Durham, Chancellor 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 "Chancellor," 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 its 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 which they are entitled. Reverence for the law requires that every one should be called by the name of his dignity. Accius the poet, being addressed at supper by his own proper name, brought his action of damages. * "We might consider this suppression of our title by you as a pre *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 may be, gives this illustration: "Mimus quidam nominatim Accium poetam compellavit in scena: cum eo Accius injuriam agit: hic nihil aliud defendit, nisi licere nominari eum, cujus nomine scripta dentur agenda." The Chancellor has changed "scena" into "coenaculo."-The familiarity of the Medieval writers, from Bede downwards, with the Latin classics is often very striking. meditated injury, and act accordingly; but we are contented with this remonstrance for the present, in the hope of your amendment. Farewell."* 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 resignation, and retired to his diocese, where he soon after died.† The title of Chancellor was conferred on DE NEVILLE, who had for some time enjoyed the powers and the profits of the office.‡ [A. D. 1227.] This ambitious man was now also Bishop of Chichester, and was bent upon engrossing the highest civil and ecclesiastical 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, [A. D. 1231.] "granting and confirming to him the King's Chancery, to hold during his whole life, with all the issues, liberties, and other things thereto belonging, as freely, quietly, entirely, and honourably as the Chancellors 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 "Ricardus Dei gratia Dunelmensis Episcopus Domini Regis Cancellarius dilecto suo Radulpho de Neville Decano Lichefeldensi Salutem. Mirabile fuit in oculis nostris et satis admirari dignum vos nomen Cancellarii in literis vestris nobis destinatis suppressisse; cum experientiam vestram non lateat nec conscientiam vestram latere debeat, nos dictæ dignitatis officio fuisse et esse sollempniter assignatos, ejusdem prærogative 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 suarum beneficiis memoratæ dignitatis appellatione minus suppressa gratia sui visitarunt, et vos eorum non solum sequi sed potius adorare vestigia tenemini. Et de consilio nostro de cætero non intercepto discretiori judicio teneamini, reverencia locum suum decenter etiam sortita inter cætera attributa persone de jure, et ratione convenientia nequaquam in literis vestiis exterminata. Legis enim reverencia est quemvis nomine dignitatis nuncupare, et Accium Poetam in cœnaculo proprio nomine compellatum injuriarum egisse. Et nos sepedicte suppressionis occasione licet condigna et consimili ratione injuriarum agere possimus in præsentiam dignum duximus sub expectatione melioris subticere. Valete."-Ex. Orig. in Turr. Lond. He was interred in his own cathedral, where a monument was erected to his memory with the following curious epitaph: Culminis qui cupi Qui populos regi Vobis præposi Quod sum vos eri tis. laudes pompasque sui tis. Rot. Cart. 11 Hen. 3. 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 religion, or should be put out for any reasonable cause, either by the King or the Chancellor, or if the assignee refused to keep the Seal any longer, then the Chancellor, in the room of such assignee, was to substitute some 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 understand, this grant was twice renewed, nearly in the same words. According to Matthew Paris, these grants were confirmed in Parliament, so that the Chancellor 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.† De Neville's cupidity was not yet satisfied, and in the eighteenth year of the reign, the King "granted and confirmed for himself [A. D. 1233.] and his heirs to Ralph Bishop of Chichester, then his Chancellor of England, the Chancellorship of Ireland, to hold during the life of the Chancellor, with all the appurtenances, liberties, and free customs to the said Chancellorship 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 Chancellorship of Ireland, and ordering "that G. de Turville, Archdeacon of Dublin, should be admitted Vice-chancellor, the Chancellor having deputed him thereto." This, I believe, is the only instance of the office of Chancellor 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 Guardian of the realm. The King, going into Gascony with Hubert de [A.D. 1230.] Burgh, and taking the Great Seal with him, 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.§ This insatiable lover of preferment still longed for higher ecclesiastical dignity, and had nearly reached the summit of his ambition, for, upon a vacancy in the see of Canterbury, he was elected Archbishop; but the Pope thought him too much attached to the Crown by his civil offices, and assumed to himself 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 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. § Pat. 14 Hen. 3. m. 3. Rot. Cart. 17 Hen. 3. m. 8. had hitherto been always held during 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 making judges for life when the opposite faction prevailed, 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 was made to remove de Neville from his office, and the Great Seal was demanded from him in the King's name; but he re[A.D. 1235.] fused 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 Chancellor 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 Chancellor and the monks; he banished the Chancellor from court, and forcibly taking possession of the Great Seal, delivered it into the custody of GEOFFREY, a Templar, and JOHN DE LEXINGTON.† De Neville, residing in his diocese, retained the title of Chancellor, 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 complete ascendancy 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. He was succeeded, if not by a very learned or able, by a very honest man," SIMON THE NORMAN," who is celebrated 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 Flanders, the Queen's uncle. He was too good for the times in which he lived, and we hear no more of him, except that he was "expelled from court."* The Great Seal was then sent into the temporary keeping of Richard * M. Par. 294, 319. + "Cum autem videret Rex, iterum instantiam precum suarum effectu caruisse, justæ 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 Templario, et Johanni de Lexirsbuna commisit bajulandum; emolumentis tamen ad Cancellariam spectantibus Episcopo quasi Cancellario redditis et assignatis.”— M. Paris, 320. Spel. Gloss. 100. M. Par. 320. |