chiefly devised by Burnel. He accompanied the King to Norham, and there addressed the Scottish Parliament, May, 1291. assisted by Roger de Brabaçon, the Chief Justice. It is remarkable that the English Chancellor spoke to them 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 answered nothing; whereupon the Chancellor recapitulated all 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 contra

u 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 AngioSaxon, being now generally spoken in England and in the lowlands of Scotland.

dicting 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 A.D. 1292.

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 funeral of his mother, Queen Eleanor (Ex-Lady-Keeper of the Great Seal), left Burnel behind at Berwick to watch 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. 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 Chancellor Burnel died at Berwick on the 25th day of October, 1292, and was buried in his own cathedral at Wells. 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

* 1 Parl. Hist. 40

y It appears from the inquisition held in the year after his death (21 Ed. 1), that the extent of his temporal possessions was com

mensurate with his dignities, as he held more than thirty manors, besides other vast estates in nineteen different counties.-Cal, Lug. p. m. I. p. 115.

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."

z 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 III. 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 III., 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, pro. bably 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 regard for the signal services he had performed in those arms, and 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.

a 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 III.-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

CHAPTER XI.

CHANCELLORS AND KEEPERS OF THE GREAT SEAL FROM THE DEATH OF

LORD CHANCELLOR BURNEL DURING THE REMAINDER OF THE REIGN OF EDWARD I.

Dec. 17,

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 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 considerable part in this and the succeeding reign. He was of an ancient family 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."

from the king 400 marcs, and the promise of an annuity of 40 marcs.-See Palg. on Council note L, p. 134, Duck. xxii.

a 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.

b The following is a true copy of a letter of tongratulation 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 clementia quæ suæ virtutis gratia gratis interdum occurrit homini non quæsita vos ad regni gubernaculum in regiæ Cancellariæ

officio feliciter promovit non est diu. Super quo Ei regratior a quo fons emanat indeficiens totius sapientiæ salutaris. Sed ecce Domine vos qui in parochia de Langeton originem duxistis sicut placuit Altissimo et ibidem refocillati fuistis maternis sinibus nutritivis. Quæ immenso gaudio vos post doloris aculeos pariendi refocillavit ad honorem Dei et Regni gubernaculum quo præestis in quo ipse placeat qui vos ad culmen honoris hujusmodi evocare dignatus est ut ei primo secundario domino Regi et populo complacere possitis ad honorem Jesu Christi, ut autem ei fiducialius obsequamini qui vos sic promovit de gratia sua speciali ut ei visceralius obsequamini cum vacare poteritis affectione pleniori portitorium quoddam non extra septa portarum portantem vobis mitto rogans quatenus exilitatem tanti munusculi exemplo Catonis placide admittentes servi

He continued Chancellor for ten years, to the entire satisfaction of his royal master, who required no ordinary zeal and activity in his ministers.

A.D. 1293.

Immediately upon his appointment he published an ordinance in the King's name for the more regular despatch of business, "that in all future parliaments all petitions shall be carefully examined, and those which concern the Chancery 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 the new Chancellor had to begin the session with disposing of 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."

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 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."

now,

tium divinum in eodem exercere et discere vobis placeat in honorem illius qui omnia creavit ex nichilo et retributor est universalis bonitatis."-Royal and other Letters, temp.

Edward I. 65, xx. S.

c Claus. 21 Ed. 1, m. 7. This shows the Aula Regia to have become familiar.

d 1 Parl Hist. 41. e Dan. Hist. p. 11k