CHAP. Dispute about succession to crown of Scotland. of the dispute respecting the succession to the Crown of Scotland, which arose on the death of Alexander III. The ambitious scheme of getting possession of Scotland by a claim of feudal superiority when the hope of accomplishing the object by marriage had failed, is, no doubt, to be ascribed to Edward himself; but the manner in which it was conMay, 1291. ducted was chiefly devised by Burnel. He accompanied the King to Norham, and there addressed the Scottish Parliament, assisted by Roger de Brabançon, the Chief Justice. Chancellor addresses the Scottish nobles in French. His dexterity. It is remarkable that the English Chancellor spoke to the Scotch parliament in French*; but this was then the court language, not only of England, but of Scotland, where almost the whole of the nobility were of Norman extraction,— superior knowledge and address having established the illustrious descendants of Rollo in the northern part of the island, as superior bravery had in the southern. Nothing can exceed the dexterity with which the competitors 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 chiefly 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 favourably hear them, — allow what was just, — or report what was said to the King and his council, that what justice required might be done." Upon repeated demands the Scots * Rymer, vol. ii. 543. It is hardly possible that, like 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. X. answered nothing; whereupon the Chancellor recapitulated all CHAP. 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 demanding his right, he would answer and receive justice from the King of England as superior and direct Lord over the kingdom 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 Scotland, and that he would before him, as such, demand answer and receive justice. The same question was successively put to all the other competitors, who returned the like response. Not contented 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. ment in Baliol. Edward being obliged to return to the south to attend the Chancellor funeral of his mother, Queen Eleanor (Ex-Lady-Keeper of gives judgthe Great Seal), left Burnel behind at Berwick to watch favour of over 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 representation 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. CHAP. Death of Burnel. His character. Baliol had already exhibited that mixture of subserviency and obstinancy, 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 Chancellor Burnel never re-crossed the Tweed, having died at Berwick on the 25th day of October, 1292.— He surely well deserves a niche in a gallery of British statesmen. He was censured for the great wealth he amassed; but he employed it nobly, for he not only erected for his family the castellated dwelling in which he received the King and parliament, but likewise a splendid episcopal palace at Wells, 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 regarded as a venial failing 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 unrivalled gallantry of her poor and scattered population. His measures for the improvement of Ireland were frustrated by the incurable pride and prejudices of his countrymen. But England continued to enjoy the highest prosperity under the wise laws which he introduced. CHAPTER XI. CHANCELLORS AND KEEPERS OF THE GREAT SEAL FROM THE DEATH CHAP. Oct. 25. JOHN DE Chancellor. 1292. ON the death of Burnel the Great Seal was, for a short time, in the keeping of William de Hamilton *, a man of business and of moderate abilities, who subsequently became Chancellor. But if he expected to succeed to the envied 1292. office on this occasion, he was disappointed; for soon after the LANGTON, King heard of the loss he had sustained, he named as the new Chancellor JOHN DE LANGTON, a person who, though Dec. 17. much inferior to his predecessor, acted a considerable part in this and the succeeding reign. He was of an ancient family His origin. 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 industry, and rendered himself useful to Lord Chancellor 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. duct. He continued Chancellor for ten years to the entire satis- His confaction of his royal master, who required no ordinary zeal and activity in his ministers. for des patch of Immediately upon his appointment he published an ordi- Ordinance nance in the King's name for the more regular despatch of business, "that in all future parliaments all petitions shall business. be carefully examined, and those which concern the chancery * 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 CHAP. A. D. 1293. Earl of of Scots. shall be put in one bundle, and those which concern the exchequer 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 Appeal of the new Chancellor had to begin the session with disposing of Fifer. King a very novel appeal, which was entered by the Earl of Fife 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 affirmative; and the respondent was ordered to appear. Formerly in the English parliaments 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 his 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 Chancellor, 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, three of his principal castles should be seized into the King's hands till he gave satisfaction."† Parliament at Berwick. 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 mischief, and continued longer, than any wars that we read of between any two people in the world. ‡ Lord Chancellor Langton had the proud satisfaction of pre * Claus. 21 Ed. 1. m. 7. This shows the answer of the Aula Regia to have become familiar. † 1 Parl. Hist. 41. Dan. Hist. p. 111. |