CONTENTS

OF

THE FIRST VOLUME.

INTRODUCTION.

OF THE ORIGIN, FUNCTIONS, AND JURISDICTION OF THE OFFICE OF LORD CHANCELLOR

IN ENGLAND.

Etymology of Word "Chancellor," Page 1. Antiquity of the Office in England, 2.

Original Duty of Chancellor to frame Writs, 2. And Royal Grants, 3. Custody

of Great Seal, 3. Chancellor Keeper of King's Conscience, 3. Chancellor for-

merly subordinate Officer, without judicial Power, 4. Common-law Jurisdiction

of Chancellor, 5. Equitable Jurisdiction, 6. Objections to Antiquity of

Equitable Jurisdiction, 7. Definition of Equitable Jurisdiction, 7. Extension

of Equitable Jurisdiction of Chancellor, 8. From Inrolments in Chancery

under Recognizance, 9. Fees, &c., 9. Harmony between Common Law and

Equity, 10. Discretion of Chancellor, 11. Appeal from Chancellor as Equity

Judge, 12. Habeas Corpus and Prohibitions, 12. Ne exeat Regno, 13. Juris-

diction over Coroners, 13. Criminal Jurisdiction, 13. Bankruptcy, 13.

Lunacy, 14. Chancellor not ex officio Privy Councillor, 15. Speaker of

Lords, 15. Protection and Precedence, 16. Chancellor no Vote or Voice in

Lords unless a Peer, 16. Anciently addressed two Houses at Meeting of Parlia-

ment, 17. Trial of Peers, and Impeachments, 17. Star Chamber, 17. Chan-

cellor appoints Justices of Peace, 18. Patronage, 18. Visitor, 19. Other

Functions, 19. Office of "Keeper of the Great Seal," 19. Lords Commissioners

of Great Seal, 20. Present Title of Lord Chancellor, 21. Mode of Appoint-

ment, 21. Tenure of Office, 22. Mode of using Great Seal, 22. Negotiation

of Marriage of Henry VI. under Great Seal, 23.

IV., 24. Times of Tudors and Stuarts, 25.

Revolution of 1688, 25. Origin of expression

of new Great Seal, 25. Care in keeping the Great Seal, 26. Emoluments of

Office, 26. Etiquette, 27. In Parliament, 27. When administering Oaths to

Prince of Wales, 28. To King's younger Son, 28. To Peers in Chancery, 28.

Lord Mayor's Day, 28. Statute respecting Apparel of the Chancellor, 28.

CHAPTER I.

Use of Great Seal by Edward

Use of Great Seal since the

of "The Seals," 25. Adoption

OF THE CHANCELLORS UNDER THE ANGLO-SAXON KINGS.

St.

Merit of the Anglo-Saxons, 29. Augmendus, Chancellor to Ethelbert, 29.

Swithin, Chancellor to Egbert and Ethelwulf, 30. Turketel, Chancellor under

Edward the Elder, 32. Althelstan, 33. Battle of Brunenburgh, 33. Edmund

and Edred, 33. Lord Chancellor Turketel becomes a Monk, 33. Adulphus, 34.

Alfric, 34. Office of Chancellor divided between three Abbots, 35.

Great Seal·

of Edward the Confessor, 35. Leofric, Chancellor to the Confessor, 36. Reim..

baldus, 36. Vice-Chancellor Swardus, 36. Origin of Masters in Chan-

cery, 37.

CHAPTER II.

OF THE CHANCELLORS FROM THE CONQUEST TO THE REIGN OF HENRY II.

Chancellors under early Norman Reigns, 38. Chancellors of the Conqueror, 40.

Maurice, 40. Made Bishop of London, and resigns Great Seal, 40. Conduct

of Ex-chancellor Maurice on the Death of William Rufus, 41. Osmond, 41.

His Character, 42. His literary Works, 42. Arfastus, 42. Baldrick, 43.

Herman, 43. Welson, 44. W. Giffard, Chancellor under three Reigns, 44.

His Character, 44. Conduct of Giffard on Death of Conqueror, 45.
Chancellor

to William Rufus, 45. Dismissed, 45. Bloet, Chancellor to William Rufus, 45.

Death and Character of Bloet, 46. Flambard, 47. Oppressions of Flam-

bard, 47. Plot against Flambard, 48. His Preferments, 48. Committed to the

Tower, 48. Exile and Death of Flambard, 49. Giffard, Chancellor the third

time, 49. Dismissal and Banishment of Giffard, 50.

Roger, Bishop of Salis-

Roger's Rise, 51. His

bury, Chancellor, 50. His Origin and History, 50.

Conduct as Chancellor, 51. Made Chief Justiciary, 51. Roger's Conduct on

Settlement of the Crown, 51. Dismissal of Roger, 52. Roger supports Usurpa-

tion of Stephen, 52. Roger besieged in his Castle, 53. Surrenders, 53. His

Death, 53. His Career described by William of Malmesbury, 53. Other

Chancellors of Henry I., 54. Geoffrey Rufus, 55. Bought Office of Chan-

cellor, 55. Ranulphus, 55. Alexander, Chancellor to King Stephen, 56. His

Conduct as Chancellor, 56. Character of Alexander, 57. Roger Pauper, Chan-

cellor, 57. Queen Matilda, 57. Fitzgilbert her Chancellor, 57. Restoration

of Stephen, 58. The Great Seal sold by him to Chancellor Geoffrey, 58. Other

Chancellors of Stephen, 58.

CHAPTER III.

LIFE OF LORD CHANCELLOR THOMAS à BECKET.

His Parentage, 60. Story of his Mother being the Daughter of an Emir, 60. Educa-

tion, 61. Holds Office under Sheriff of London, 62, Patronised by Theobald,

Archbishop of Canterbury, 62. Made Archbishop of Canterbury, 62. Missions

to Rome, 63. Appointed Chancellor, 63. Intimacy with Henry II., 63.

His Duties as Chancellor, 65. Fitzstephen's Account of his Habits, 65. Story

of the King, the Chancellor, and the Beggarman, 66. His Conduct as Chan-

cellor, 68. Becket Tutor to the Prince, 68. Becket's Embassy to France, 68.

Origin of Scutage, 71. Becket's Military Prowess, 71. Siege of Toulouse, 71.

Single Combat with Engleran de Trie, 72. His judicial Merits, 72. His Views

and Intentions, 73. Conversation with Prior of Leicester, 74. Death of Arch-

bishop Theobald, 74. Objection to Becket's appointment as Archbishop, on

the ground of his being hostile to the Church, 75. Foliot, Bishop of Hereford,

Rival of Becket, 75. Becket elected Archbishop of Canterbury, 76. Becket

consecrated Archbishop, 76. Sudden Alteration in Becket's Character and

Conduct, 77. He resigns the Great Seal, 77. The King and Becket meet and

quarrel, 78. Struggle between Civil and Ecclesiastical Authority, 79. Con-

ference between the King and the Prelates, 79. Constitutions of Clarendon, 80.

Becket swears to Constitutions of Clarendon, 81.

ton, 82.

Great Council at Northamp-

Further Proceedings against

Becket takes refuge in the Abbey

Becket goes to Rome, 85. Coro-

Trial of Becket, 82. Found Guilty, 83.

him, 83. He escapes to the Continent, 84.

of Pontigny, 85. Measures of the King, 85.

nation of King's son by Archbishop of York against Papal Bull, 86. Interview

between Becket and Henry at Fereitville, 87. Peace of Fereitville, 88. Henry

refuses Becket the Kiss of Peace, 88. Henry breaks his Engagement, 89.

Becket resolves on Vengeance, 89. Becket returns to England, 90. Reception

at Canterbury, 90. Visit to London, 90.

Excommunicates the three Prelates, 91.

sworn to assassinate Becket, 91.

courageous Conduct of Becket, 93.

the People, 94. Becket canonised, 94. Quo Warranto by Henry VIII. to

unsaint Becket, 95. Character of Becket, 96. By his Vituperators, 96. By

his Eulogists, 97. Just Estimate of his Character, 98. Result, 99. Whether

Becket Champion of Saxon Race, 99. Becket's Letters, 99.

Is ordered back to Canterbury, 91.

Arrival at Canterbury of four Knights

They enter his Presence, 92. Calm and

Assassination of Becket, 93. Horror of

CHAPTER IV.

CHANCELLORS FROM THE RESIGNATION OF THOMAS à BECKET TO THE DEATH OF

Geoffrey made Archbishop of York, 105. Longchamp, Chancellor, 105. Rich-

ard I. sails for the Holy Land, 106. Longchamp imprisons the Bishop of

Durham, 106. His Tyranny, 106. His Rapacity, 107. Prince John takes arms

against him, 108. Geoffrey, the Ex-chancellor, invades England, 108. Geoffrey

defeated and imprisoned, 108. Combination of the Nobles against Longchamp,

109. Saxon Inhabitants of London called in to assist, 109. Longchamp sur-

renders, 110. Longchamp flies in the Disguise of a female Pedlar, 110. Is

seized by the Mob, 111. Arrives in France, 112. Visits Cœur de Lion in

captivity, 112. Geoffrey Plantagenet again Chancellor, 112. Subsequent Fate

of Geoffrey Plantagenet, 112. His Exile and Death, 113. Longchamp again

Chancellor, 113. Parliament at Nottingham, 113. Longchamp forges Letter

from "The Old Man of the Mountain" to clear Richard of Murder of Marquis

of Montserrat, 113. Resigns Great Seal, 114. His Death, 114. Eustace,

Bishop of Ely, Chancellor, 115. Origin of Vice-chancellors, 115. Vice-chan-

cellors John de Alençon and Malchien, 115. Vice-chancellor Bennet, 116.

Death of Richard I., 116. Laws of Oleron, 116.

CHAPTER VI.

OF THE CHANCELLORS DURING THE REIGN OE KING JOHN.

His

Accession of John, 118. Hubert, Archbishop of Canterbury, Chancellor, 118.

Death of Lord Chancellor, 120. Great Seal sold to Walter de Gray, 120.

Conduct, 121. Vice-Chancellor Wallys, 121. Surrender of England to the

Pope, 122. De Gray, Bishop of Worcester and Archbishop of York, 123. His

Ignorance, 123. His Death and Character, 123. Richard de Marisco, Chan-

cellor, 123. Magna Charta, 124. Death of King John, 125. Beginning of

Statute Law, 125.

CHAPTER VII.

CHANCELLORS DURING THE REIGN OF HENRY III. TILL THE APPOINTMENT OF QUEEN

ELEANOR AS LADY KEEPER OF THE GREAT SEAL.

Marisco, 126. Confirmation of the Great Charter, 126. Ralph de Neville,
Vice-chancellor, 126. Misconduct of Vice-chancellor De Neville, 127. Letter
of Remonstrance from the Chancellor to the Vice-chancellor, 127.
De Neville,
Chancellor, 128. Grant to him of Office of Chancellor for Life, 129. He

is likewise made Chancellor of Ireland, 129. And Guardian of Realm, 130.

Disappointed of Primacy, 130. Triumph of Peter de Rupibus, 130. De Neville

deprived of Great Seal, 131. "SIMON THE NORMAN," Chancellor, 131. Dis-

missed for Honesty, 131. De Neville restored to the Office of Chancellor, 132.

His Death, 132. His Character, 132. Statute of Merton, 132. Attempt by

Parliament to acquire Right of appointing Chancellor, 133. Ranulph Briton,

Chancellor, 134. John Maunsel, Chancellor, 135. Origin of the Dispensing

Power in England, 135. This Chancellor the greatest Pluralist on Record, 135.

John de Lexington, Chancellor, 135. Complaint in Parliament that Chancellor

not more consulted, 136. Petition to remove him, 136. King's Answer, 136.

CHAPTER VIII.

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

Wit and Beauty, 137.

Queen Eleanor, Lady Keeper, 137. Her Parentage, 137.

Marriage with Henry, 138. Her Unpopularity, 139. Quarrels with the Citizens

of London, 139. Birth of Edward I., 140. She receives the Great Seal,

6th August, 1253, 140. Her Conduct as Lady Keeper, 140. Her Accouchement,

140. Her Exaction of "Queen Gold," 141. A Parliament, 141. She resigns

the Great Seal, 141. Ballads upon her, 142. Pelted by the London Mob, 142.

She flies abroad, 143. Returns to England, 143. Takes the Veil, 143. Her

Death, 143. Her Character, 143.

CHAPTER IX.

LORD CHANCELLORS FROM THE RESIGNATION OF LADY KEEPER QUEEN ELEANOR

TILL THE DEATH OF HENRY III.

History of De

Writs for Simon

King of France,

William de Kilkenny, Chancellor, 145. Reprimand to the Clergy, 145. Kil-

kenny's Resignation, 145. Embassy to Spain, 146. Death, 146. Henry de

Wengham, 146. Mad Parliament, 146. Provisions of Oxford," 146. Ni-

cholas de Ely made Chancellor by the Barons, 147. King recovers his Authority,

147. A Parliament, 147. Walter de Merton, Chancellor, 148.

Merton, 149. Keepers of Seal, 149. Public Confusion, 149.

de Montfort's Parliament, 49 Henry III., 150. Reference to

150. His Award, 151. Battle of Lewes, 151. Meeting of Simon de Mont-

ford's Parliament, 151. Origin of House of Commons, 152. Thomas de Can-

tilupe, Chancellor, 153. His Salary, 153. Battle of Evesham, 154. Death of

Cantilupe, 154. Walter Giffard, Chancellor, 154. Resigns, being made Arch-

bishop of York, 155. Godfrey Giffard, Chancellor, 155. Removed for Incom-

petency, 155. John de Chishull, Chancellor, 156. Richard de Middleton,

Chancellor, 156. Prince Edward in the Holy Land, 157. John de Kirby,

Keeper of Great Seal, 157. Character of Chancellors during reign of Hen-

ry III., 158. Bracton, Merits of, 158. Abolition of Office of Chief Jus-

ticiary, 159. Disruption of Aula Regia, 160. Chancellor now Head of Law,

160.

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, 161. His Conduct and Character, 162. Robert
Burnel, Chancellor, 162. Birth and Education, 163. Accompanies Prince
Edward to the Holy Land, 163. Law Reform, 164. Statute of Westminster
the First, 164. Provisions of the Code, 164. Its Omissions, 165. Conquest of
Wales, 165. Judgment against Llewellyn, 166. Lord Chancellor employed in
Government of Principality, 166. Parliament held in Chancellor's Castle at
Acton Burnel, 167. His Plan for Government of Ireland, 168. Vice-chancellor
Kirby, 168. Prosecution by Chancellor of the Judges for Bribery and Cor-
Dispute about Succession to Crown of Scotland, 170. Chancellor

ruption, 169.

addresses the Scottish Nobles in French, 170.

gives Judgment in Favour of Baliol, 171.

racter, 172.

Chancellor

His Dexterity, 170.

Death of Burnel, 172. His Cha-

CHAPTER XI.

CHANCELLORS AND KEEPERS OF THE GREAT SEAL FROM THE DEATH OF LORD CHAN-

CELLOR BURNEL DURING THE REMAINDER OF THE REIGN OF EDWARD I.

His Origin, 173.

John de Langton, Chancellor, 173.

His Conduct, 173. Or-

dinance for Despatch of Business, 173. Appeal of Earl of Fife v. King of Scots,

174. Parliament at Berwick, 174. King goes abroad, 175. Parliament at

Westminster, 175. "Confirmation of the Charters," 175.
"Articuli super

Chartas," 176. Chancellor elected Bishop of Ely, 177. Goes to Rome, 177.

Resignation of Langton, 177. Adam de Osgodebey, Keeper of Great Seal, 178.

William de Grenefield, Chancellor, 179. His Family, 179. Attempt in Par-

liament to make Office of Chancellor elective, 179. Letter to the Pope respect-

ing Independence of Scotland, 180. Resignation of De Grenefield, 180. His

Journey to Rome, 181. His Death, 181. William de Hamilton, Chancellor,

181. Statute "De Tallagio non concedendo," 182. Conviction and Execution

of Sir William Wallace for Treason, 182. Death of the Chancellor, 183.

Ralph de Baldock, Chancellor, 183. His Education and Rise, 184. Death of

Edward I., 184. Accession of Edward II., 184. Removal of De Baldock, 184.

His Death, 185. Jurisdiction of Chancellor in the Reign of Edward I., 185.

Improvements in Law, 185. Law Books, 186.

CHAPTER XII.

CHANCELLORS DURING THE REIGN OF EDWARD II.

Accession of Edward II., 188.

194.

195.

195.

John de Langton, Chancellor the second Time,

188. King abroad, 189. King goes to Boulogne, 189. King himself uses the

Great Seal, 189. Revolution in the Government, 190. The Chancellor resigns,

190. His Character, 190. Office of Chancellor in Abeyance, 190. Walter

Reynolds, Chancellor, 191. Tutor to Edward II., 191. His conduct as Chan-

cellor, 191. His Resignation, 191. Execution of Gaveston, 191. Reynolds,

the Ex-chancellor, made Keeper of the Great Seal, 192. Battle of Bannock-

burn, 192. Council at York, 193. Resignation of Reynolds, 193. His sub-

sequent Career, 193. His Death, 193. Chancellor still Chief of Chapel

Royal, 193. John de Sandale, Chancellor, 194. Keepers of Seal concurrently,

De Sandale removed, 194. Epicurism of Lord Chancellor De Sandale,

John de Hotham, Chancellor, 195. Ascendency of Earl of Lancaster,

Resignation of Chancellor, 196. John de Salmon, Chancellor, 196.

Chancellor goes to France with King, 196. Surrender of Great Seal by De

Salmon, 197. Great Seal in Custody of Queen Isabella, 197. Isabella not

Lady Keeper," 197. De Salmon again acts as Chancellor, 198.

opposes Earl of Lancaster, 198. Execution of Earl of Lancaster, 198.

ward's incurable Love of Favourites, 198. Resignation of the Chancellor, 198.

Robert de Baldock, Chancellor, 199. Civil War, 199. Landing of Queen,

199. The Bishop of Exeter beheaded by the Mob, 200. Fate of the Spensers,

200. Sentence on younger Spenser, 200. Chancellor Baldock seized by the

Mob, and thrown into Newgate, 201. Dies of his Wounds, 201. Prince Ed-

ward chosen Custos of the Kingdom, 201. Imprisonment of Edward II., 201.

King sends Great Seal to Queen, 202. Queen's Proclamation, 202. Edward

II. deposed, 202. Murder of Edward II., 203. Adam de Orleton acts as

Chancellor, 203. His equivocal Line respecting the Murder of the King, 203.

Origin of Office of Master of the Rolls, 203. Complaints in Parliament of the

Court of Chancery, 204. Jurisdiction of the Court in Reign of Edward II., 204.

Letters of Marque and Reprisals granted by Chancellor, 205. Year Books, 205.

Establishment of Inns of Court, 206.

66

Chancellor

Ed-