CHAP. nephew Gloucester was gone, to procure the purple tiara," which the historian tries to discredit, merely on the ground of improbability, because the Cardinal 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. CHAPTER XXI. CHANCELLORS DURING THE REIGN OF HENRY VI. FROM THE CHAP. March 16. Obscure origin of Lord Chancellor КЕМРЕ. We have had a succession of Chancellors of high birth, some of them nearly allied to the Crown. Cardinal Beaufort's successor was one of that other class who have won their way in this country to high distinction from an obscure origin. He 1426. was born in Kent, of parents in a very low condition of life, 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- His rise. 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 woll 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 His con- duct as CHAP. Resignation of Cardinal Kempe. present, the Chancellor delivered an address, stating "that 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 temporal assembled in parliament, or in the great council, and at other times in the Lords appointed to form "the continual council," and that this council, representing the King's person, had a right to exercise the powers of government, “withouten 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, which was done with infinite divisions and subdivisions; but the only important business transacted at these parliaments, 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 reasons for which have not been explained to us, and all we *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 Angliæ, it proceeds, "Pro eo quod Venerabilis Pater Johannes Archiepiscopus Ebor. Cancellarius Anglie, cui ratione officii sui secundum consuetudinem laudabilem in Regno Anglie antiquitus usitatam pertinuit causam summonitionis parliamenti predicti pronunciare et declarare, tali et tanta detenebatur infirmitate quod circa declarationem et pronunciationem predictas adtunc intendere non valebat, Reverendus vir Magister Willielmus Lynwoode, Legum Doctor, causam summonitionis ejusdem parliamenti de mandato prefati custodis egregie declaravit.”- . Vol. iv. 367. So in 31 & 32 Hen. 6., Bishop of Lincoln stated causes of summons. "Johanne Arch. Cant. Cancellario Angliæ tunc absente.". Roll. v. 227. 10 Hen. 6. XXI. March 4. JOHN STAF know of it we learn from the Close Roll, which records "that CHAP. the Lord Cardinal, Archbishop Kempe, on the 25th of February, 1432, delivered up to the King the gold and silver Seals, and the Duke of Gloucester immediately took them and 1432. kept them till the 4th of March, on which day, he gave them FORD, back to the King, and they were delivered by his Majesty Chancellor. to JOHN STAFFORD, Bishop of Bath and Wells, who took the oath of office, and used the silver seal for the despatch of business." ""* cation, The new Chancellor was of illustrious descent, being the His birth son of the Earl of Stafford, and was equally distinguished for and eduhis learning and industry. Having with great reputation taken the degree of Doctor of Civil Law at Oxford, he practised 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 V., 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 till 1450, a longer period His long than any one had before continuously held the Great Seal. continu ance in From the 22d of April to the 23d of May, 1433, he was office. 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. Act to restrain excessive jurisdiction assumed by Court of Chancery. CHAP. from this time forward vexed in Chancery for matter determinable by the common law, have action against him that so vexed him, and recover his damages." The King answered, "that no writ of subpoena 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 ascendency 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 the death of the Duke of Bedford, the English were driven. A. r. 1449. from Paris; - Guienne and Normandy were lost, and there was not a remnant to the English of the conquests of Henry V. in France. Lord Chancellor Stafford's style of eloquence. A. D. 1432. The Parliament Roll and the contemporary chroniclers give us a very slender account of this Chancellor's harangues in parliament; but from the specimen we have of them, they seem to have been very dull and quaint. His maiden exhibition 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 hearts of the subjects.† He had a more delicate task to perform the following day. * From the petition and answer was framed stat. 15 Hen. 6. c. 4. |